HomeMy WebLinkAbout03-25-2026 Board Meeting Complete Agenda PacketNOTICE OF REGULAR MEETING AGENDA
PUBLIC PARTICIPATION NOTICE
ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS
MARCH 25, 2026 - 6:00 PM
ACCESSIBILITY FOR THE GENERAL PUBLIC
Your participation is always welcome. OC San offers several ways in which to interact during
this meeting.
MEETING PARTICIPATION INSTRUCTIONS
www.ocsan.gov
IN-PERSON MEETING ATTENDANCE
OC San Headquarters: 18480 Bandilier Circle, Fountain Valley, CA 92708
ONLINE MEETING PARTICIPATION
Join the meeting now
PARTICIPATE BY TELEPHONE
Dial: (213) 279-1455
Phone Conference ID: 636 599 282#
WATCH THE MEETING ONLINE
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Details on how to participate can be found on our website at
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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!
SUBMIT A COMMENT
Online at: https://ocsd.legistar.com/Calendar.aspx or by emailing: OCSanClerk@ocsan.gov
BOARD OF DIRECTORS
Regular Meeting Agenda
Wednesday, March 25, 2026 - 6:00 PM
Board Room
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
ACCOMMODATIONS FOR THE DISABLED: If you require any special disability related accommodations, please
contact the Orange County Sanitation District (OC San) Clerk of the Board’s office at (714) 593-7433 at least 72
hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of
accommodation requested.
AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be
considered or discussed. The recommended action does not indicate what action will be taken. The Board of
Directors may take any action which is deemed appropriate.
MEETING RECORDING: A recording of this meeting is available within 24 hours after adjournment of the
meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board.
SUBMIT A COMMENT: You may submit your comments and questions in writing in advance of, or during the
meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or by
sending them to OCSanClerk@ocsan.gov with the subject line "PUBLIC COMMENT ITEM # [insert relevant item
number]" or "PUBLIC COMMENT NON-AGENDA ITEM". All written public comments will be provided to the
legislative body and may be read into the record or compiled as part of the record.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be
submitted to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsan.gov at least 14 days
before the meeting. For any questions on the agenda, Board members may contact staff at:
General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593 7110
Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593 7550
Director of Communications: Jennifer Cabral, jcabral@ocsan.gov / (714) 593 7581
Director of Engineering: Mike Dorman, mdorman@ocsan.gov / (714) 593 7014
Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593 7450
Director of Finance: Wally Ritchie, writchie@ocsan.gov / (714) 593 7570
Director of Human Resources: Laura Maravilla, lmaravilla@ocsan.gov / (714) 593 7007
Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593 7269
View Current Board of Directors
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, March 25, 2026
CALL TO ORDER
Board Chairman Ryan Gallagher
INVOCATION AND PLEDGE OF ALLEGIANCE
Director Jordan Wu, City of Villa Park
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.
SPECIAL PRESENTATIONS:
1.2026-4789WASTEWATER 101 CITIZENS’ ACADEMY GRADUATION
RECOMMENDATION:
Recognize the graduates from the Wastewater 101 Citizens’ Academy.
Originator:Kelly Lore
2.2026-4790EMPLOYEE SERVICE AWARDS
20-year Service Awards
Matthew Killion, Information Tech Supervisor - Division 760
Ludwig Lapus, Principal Contracts Administrator - Division 230
Originator:Kelly Lore
REPORTS:
The Board Chairperson and the General Manager may present verbal reports on miscellaneous matters of
general interest to the Directors. These reports are for information only and require no action by the Directors.
CONSENT CALENDAR:
Consent Calendar Items are considered to be routine and will be enacted, by the Board of Directors, after one
motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be
Page 2 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, March 25, 2026
considered in the regular order of business.
3.2026-4706APPROVAL OF MINUTES
RECOMMENDATION:
Approve minutes of the Regular meeting of the Board of Directors held February 25,
2026.
Originator:Kelly Lore
Attachments:
4.2026-4817UPDATE TO RECORDS MANAGEMENT PROGRAM PROCEDURES
AND RECORDS RETENTION SCHEDULE RESOLUTION
RECOMMENDATION:
Adopt Resolution No. OC SAN 26-05 entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District Adopting the Records Management Program
Procedures and Records Retention Schedule, Authorizing Destruction of Obsolete
Records, and Repealing Resolution No. OC SAN 26-03”.
Originator:Jennifer Cabral
Attachments:
RECEIVE AND FILE:
5.2026-4682COMMITTEE MEETING MINUTES
RECOMMENDATION: Receive and file the following:
A. Minutes of the Steering Committee Meeting held January 28, 2026
B. Minutes of the Operations Committee Meeting held February 4, 2026
C. Minutes of the Administration Committee Meeting held February 11, 2026
Originator:Kelly Lore
Attachments:
6.2026-4746REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF FEBRUARY 2026
RECOMMENDATION: Receive and file the following:
Page 3 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, March 25, 2026
Report of the Investment Transactions for the month of February 2026.
Originator:Wally Ritchie
Attachments:
OPERATIONS COMMITTEE:
7.2026-4829SECONDARY TREATMENT AREA CABLE REPLACEMENT AT PLANT
NO. 1, PROJECT NO. FR1-0023
RECOMMENDATION:
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%).
Originator:Mike Dorman
Attachments:
8.2026-4830TRICKLING FILTER ODOR CONTROL STUDY AT PLANT NO. 1,
PROJECT NO. PS24-04
RECOMMENDATION:
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:
9.2026-4831ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
RECOMMENDATION:
Page 4 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, March 25, 2026
Receive and file the Engineering Program Contract Performance Report for the period
ending December 31, 2025.
Originator:Mike Dorman
Attachments:
10.2026-4833SECONDARY TREATMENT VFD REPLACEMENTS AT PLANT NO. 2
AND VFD REPLACEMENTS AT PLANT NO. 1, PROJECT NOS.
FE19-08 AND FR1-0011
RECOMMENDATION:
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
$3,085,300; and
C. Approve a contingency of $308,530 (10%).
Originator:Mike Dorman
Attachments:
11.2026-4834NEWHOPE-PLACENTIA SEWER MANHOLE REPLACEMENTS,
PROJECT NO. FE21-08
RECOMMENDATION:
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:
ADMINISTRATION COMMITTEE:
12.2026-4841FLEET MOBILE EQUIPMENT REPLACEMENT PURCHASES
RECOMMENDATION:
Page 5 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, March 25, 2026
A. Approve the purchase of replacement mobile equipment for Orange County
Sanitation District’s fleet as initially approved in the adopted Fiscal Year 2025-26
Budget in the amount of $761,300; and
B. Delegate to the General Manager and Purchasing Manager the authority to
purchase replacement mobile equipment during the fiscal year in the not to
exceed amount listed above, utilizing the method of procurement determined by
the General Manager to be in the best interest of OC San, to include cooperative
contract, competitive solicitation, or sole source.
Originator:Lorenzo Tyner
Attachments:
13.2026-4842LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY
2026
RECOMMENDATION:
Receive and file the Legislative Affairs Update for the month of February 2026.
Originator:Jennifer Cabral
Attachments:
14.2026-4843PUBLIC AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2026
RECOMMENDATION:
Receive and file the Public Affairs Update for the month of February 2026.
Originator:Jennifer Cabral
Attachments:
15.2026-4844PROPERTY MANAGEMENT SERVICES FOR 18350 MT. LANGLEY
STREET AND 18250 EUCLID STREET, FOUNTAIN VALLEY
RECOMMENDATION:
Ratify Amendment No. 7 to the sole source agreement with The Muller Company for
Page 6 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, March 25, 2026
Property Management Services at 18350 Mt. Langley Street and 18250 Euclid Street in
Fountain Valley, on a month to month basis, for management fees of $5,241.90 per
month plus other incurred expenses; and an additional renewal period of twelve (12)
months.
Originator:Lorenzo Tyner
Attachments:
16.2026-4845COMPREHENSIVE COST OF SERVICE RATE STUDY,
SPECIFICATION NO. CS-2025-711BD
RECOMMENDATION:
A. Approve a Professional Consultant Services Agreement with HDR Engineering,
Inc. to perform a Comprehensive Cost of Service Rate Study, Specification No.
CS-2025-711BD, for a total amount not to exceed $254,280; and
B. Approve a contingency of $25,428 (10%).
Originator:Wally Ritchie
Attachments:
17.2026-4846ORANGE COUNTY WASTE AND RECYCLING WASTE
INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT AND
ORGANIC SERVICES AGREEMENT
RECOMMENDATION:
A. Approve the Waste Infrastructure System Enterprise (WISE) Agreement and the
Organic Services Agreement with Orange County Waste and Recycling to
receive and dispose of Orange County Sanitation District’s (OC San) solid waste
(grit, screenings, drying bed materials and any solids that cannot be beneficially
reused) at Orange County Waste and Recycling’s landfills for a term of 10 years
from July 1, 2026 through June 30, 2036 for a total amount not to exceed
$18,000,000 which includes the phased-in unit price per ton approach and the
associated escalation costs; and
B. Approve up to one (1) additional, 10-year renewal agreement.
Originator:Lan Wiborg
Attachments:
Page 7 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, March 25, 2026
STEERING COMMITTEE:
18.2026-4851PLANT NO. 1 ADDED FACILITIES AGREEMENT RENEWAL WITH
SOUTHERN CALIFORNIA EDISON COMPANY
RECOMMENDATION:
Approve the Added Facilities Agreement with Southern California Edison Company and
Orange County Sanitation District, for the Orcosan Substation at Plant No. 1,
AF00801-001, ensuring perpetual replacement cost coverage.
Originator:Riaz Moinuddin
Attachments:
NON-CONSENT:
None.
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
This item allows Board members to provide a brief oral report regarding the disclosure of outside committees,
conferences, training, seminars, etc. attended at the Agency’s expense, per Government Code §53232.3(d).
• Report from Board Delegate - ISDOC
• Report from Board Delegate - NWRI
• Report from Board Delegate - OCCOG
• Report from Board Delegate - SARFPA
• Report from GWRS Steering Committee Member(s)
• Other
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the
Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations,
pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9,
54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c)
employment actions or negotiations with employee representatives; or which are exempt from public disclosure
under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are
not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes
will reflect all required disclosures of information.
Page 8 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, March 25, 2026
CS-1 2026-4850CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
Initiation of litigation.
Attachments:
CONVENE IN CLOSED SESSION.
RECONVENE IN REGULAR SESSION.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
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 Board meeting until the next meeting of the Board of Directors on April 22, 2026
at 6:00 p.m.
AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury and as required by the State of California, Government Code §
54954.2(a), that the foregoing Agenda was posted online at www.ocsan.gov, in the lobby, and outside the main
door of Orange County Sanitation District Headquarters at 18480 Bandilier Cir. Fountain Valley, CA 92708 not
less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item,
including those distributed less than 72 hours prior to the meeting to a majority of the Board of Directors, are
available for public inspection with the Clerk of the Board.
/s/ Kelly A. Lore, MMC
Clerk of the Board
March 17, 2026
Page 9 of 9
BOARD OF DIRECTORS
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4706 Agenda Date:3/25/2026 Agenda Item No:3.
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 Board of Directors held February 25, 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 25, 2026 Board of Directors meeting minutes
Orange County Sanitation District Printed on 3/17/2026Page 1 of 1
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ORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
FEBRUARY 25, 2026
Headquarters - Board Room
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
BOARD OF DIRECTORS Minutes February 25, 2026
CALL TO ORDER
A regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Chairman Ryan Gallagher on Wednesday, February 25, 2026 at 6:00
p.m. in the Board Room at the Orange County Sanitation District Headquarters. Chair
Gallagher delivered the invocation and led the Pledge of Allegiance.
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT:Debbie Baker, Ted Bui, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Jennifer Cabral, Director of Communications; Mike Dorman, Director of
Engineering; Laura Maravilla, Director of Human Resources; Riaz Moinuddin, Director of
Operations and Maintenance; Lan Wiborg, Director of Environmental Services; Kelly Lore,
Clerk of the Board; Mo Abiodun; Mortimer Caparas; Jackie Castro; Sam Choi; Raul Cuellar;
Don Cutler; Thys DeVries; Martin Dix; Justin Fenton; Al Garcia; David Haug; Mark Kawamoto;
Tom Meregillano; Rob Michaels; Kevin Work; and Sammady Yi; were present in the Board
Room.
OTHERS PRESENT: Scott Smith, General Counsel; Shawn Cobb, Special Counsel, Allen
Matkins; and Danielle Dychter, Special Counsel, Michael Sullivan & Associates LLP; were
present in the Board Room. Alternate Director Art Perry was present virtually.
A-1 2026-4801
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Agency Director Alternate Director
Board of Supervisors Doug Chaffee Janet Nguyen
City of Fullerton Jamie Valencia Shana Charles *
*Continuation of a 2-year appointment
Page 1 of 11
BOARD OF DIRECTORS Minutes February 25, 2026
PUBLIC COMMENTS:
None.
SPECIAL PRESENTATIONS:
1.EMPLOYEE SERVICE AWARDS 2026-4788
Originator: Kelly Lore
20-year Service Award
Duc M. Pham, Senior Info Tech Analyst - Division 250
REPORTS:
Chair Gallagher announced that the Directors and Alternate Directors would be receiving
talking points regarding OC San activities for their use reporting out to their agencies and
community groups.
General Manager Thompson reported on meetings he attended or provided presentations
including: NACWA 2026 Winter Conference, Clean Water Summit Partners Summit,
Presentation provided to OCWD Board and SAWPA Commission on SCWO and BDWI,
Hosted IRWD and OCWD for a luncheon to celebrate our renewed partnership and ongoing
efforts to review and consolidate the various agreements, Hosted over 100 attendees for the
Orange County screening of “Unless Something Goes Terrible Wrong”, and participated in a
South Orange County Biosolids Workshop to discuss the future of Biosolids Management.
Mr. Thompson reported that OC San completed the purchase of the property located at
18250 Euclid Street for the final purchase price of 26.7 million which was under the Board’s
authorized amount. He noted that the property sits on a 3.25 acre lot, the building is divided
into two primary sections: 33,000 square feet of office space and 30,000 square feet of
warehouse space, and that OC San will begin expanding warehouse operations at the end
of the existing tenant’s lease.
CONSENT CALENDAR:
2.APPROVAL OF MINUTES 2026-4705
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Regular meeting of the Board of Directors held January 28,
2026.
Page 2 of 11
BOARD OF DIRECTORS Minutes February 25, 2026
AYES:Debbie Baker, Ted Bui, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Lamiya Hoque (Alternate), Kelly McBride
(Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Tom Lindsey and Shana Charles
(Alternate)
ABSTENTIONS:None
Alternate Director Shana Charles arrived at the meeting at 6:09 p.m.
RECEIVE AND FILE:
3.COMMITTEE MEETING MINUTES 2026-4681
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A. Minutes of the Operations Committee Meeting held December 3, 2025
B. Minutes of the Administration Committee Meeting held December 10, 2025
4.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF JANUARY 2026
2026-4744
Originator: Wally Ritchie
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of January 2026.
OPERATIONS COMMITTEE:
5.SUNFLOWER PUMP STATION EFFLUENT CHANNEL REPAIR AT
PLANT NO. 1, PROJECT NO. FR1-0026
2026-4783
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO:
Page 3 of 11
BOARD OF DIRECTORS Minutes February 25, 2026
A. Approve a Repair and Replace Services Contract with Structural Preservation
Systems, LLC to provide the Sunflower Pump Station Effluent Channel Repair at
Plant No. 1 (FR1-0026), Specification No. S-2025-709BD, for a total amount not
to exceed $1,944,791; and
B. Approve a contingency of $194,479 (10%).
AYES:Debbie Baker, Ted Bui, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
ABSTENTIONS:None
6. ON-CALL EMERGENCY MECHANICAL SERVICES, SPECIFICATION
NO. S-2025-698BD
2026-4784
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
A.Approve General Services Contracts to provide On-Call Emergency Mechanical
Services, Specification No. S-2025-698BD to the following two Contractors:
AYES:Debbie Baker, Ted Bui, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
ABSTENTIONS:None
Page 4 of 11
BOARD OF DIRECTORS Minutes February 25, 2026
7.ACTIVATED SLUDGE CLARIFIERS 11 AND 13 REHABILITATION AT
PLANT NO. 1 (MP1-017), SPECIFICATION NO. S-2025-692BD
2026-4785
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Services Contract with 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:Debbie Baker, Ted Bui, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
ABSTENTIONS:None
8.NORTH TUSTIN-ORANGE SEWER REHABILITATION, PROJECT NO.
7-69
2026-4786
Originator: Mike Dorman
MOVED, SECONDED, AND DULY CARRIED TO:
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:Debbie Baker, Ted Bui, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
ABSTENTIONS:None
Page 5 of 11
BOARD OF DIRECTORS Minutes February 25, 2026
ADMINISTRATION COMMITTEE:
9.UPDATE TO RECORDS MANAGEMENT PROGRAM PROCEDURES
AND RECORDS RETENTION SCHEDULE RESOLUTION
2026-4792
Originator: Jennifer Cabral
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 26-03 entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District Adopting the Records Management Program
Procedures and Records Retention Schedule, Authorizing Destruction of Obsolete
Records, and Repealing Resolution No. OC SAN 24-15”.
AYES:Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
ABSTENTIONS:Ted Bui
10.2026 CONFLICT OF INTEREST CODE 2026-4793
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 26-04 entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District adopting a Conflict of Interest Code which
supersedes all prior Conflict of Interest Codes and amendments previously adopted”.
AYES:Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
ABSTENTIONS:Ted Bui
11.MID-YEAR TREASURER’S REPORT FOR THE PERIOD ENDED
DECEMBER 31, 2025
2026-4794
Originator: Wally Ritchie
Page 6 of 11
BOARD OF DIRECTORS Minutes February 25, 2026
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Orange County Sanitation District Mid-Year Treasurer’s Report for
the period ended December 31, 2025.
AYES:Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
ABSTENTIONS:Ted Bui
12.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JANUARY 2026 2026-4795
Originator: Jennifer Cabral
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Update for the month of January 2026.
AYES:Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
ABSTENTIONS:Ted Bui
13.GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS
TO THE PRE-APPROVED OEM SOLE SOURCE LIST
2026-4796
Originator: Wally Ritchie
MOVED, SECONDED, AND DULY CARRIED TO:
Page 7 of 11
BOARD OF DIRECTORS Minutes February 25, 2026
A. Receive and file Orange County Sanitation District purchases made under the
General Manager’s authority for the period of October 1, 2025, to December 31,
2025; and
B. Approve the following additions to the pre-approved Original Equipment
Manufacturers (OEM) Sole Source List:
·B&K Valves & Equipment - Val-Matic Series Surgebuster Check Valve
·Auvesy-MDT - Software Support Subscription License Renewal
·Val-Matic Valve and Manufacturing Corp. - Val-Matic Products
·MDT Inc - Auvesy-MDT Software Support Subscription License Renewal
AYES:Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
ABSTENTIONS:Ted Bui
14.2026-4797
Originator: Jennifer Cabral
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Legislative Affairs Update for the months of December 2025 and
January 2026.
AYES:Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
ABSTENTIONS:Ted Bui
15.ENCROACHMENT AGREEMENT AT 1820 E. 1ST STREET, SANTA
ANA, CA 92705
2026-4798
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Page 8 of 11
BOARD OF DIRECTORS Minutes February 25, 2026
A. Approve and authorize the General Manager to execute an Encroachment
Agreement with 1820 East 1st Street LLC, a Delaware limited liability company,
for the installation of a walkway, fencing, and landscaping at 1820 E. 1st Street,
Santa Ana, CA 92705, in a form approved by General Counsel; and
B. That the Clerk of the Board is hereby authorized and directed to record said
Agreement in the official records of the Orange County Clerk-Recorder’s Office.
AYES:Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
ABSTENTIONS:Ted Bui
16.MID-YEAR FINANCIAL REPORT FOR THE PERIOD ENDED
DECEMBER 31, 2025
2026-4799
Originator: Wally Ritchie
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Orange County Sanitation District Mid-Year Financial Report for
the period ended December 31, 2025.
AYES:Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan
Gallagher, Stephanie Klopfenstein, Lisa Landau, Carlos Leon,
Melinda Liu, Christine Marick, Jose Medrano, Jordan Nefulda,
Andrew Nguyen, Robert Ooten, Bonnie Peat, David Shawver, Erik
Weigand, John Withers, Shana Charles (Alternate), Lamiya Hoque
(Alternate), Kelly McBride (Alternate) and Ward Smith (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Tom Lindsey
ABSTENTIONS:Ted Bui
STEERING COMMITTEE:
None.
NON-CONSENT:
None.
Page 9 of 11
BOARD OF DIRECTORS Minutes February 25, 2026
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Directors Pat Burns, Andrew Nguyen, Bob Ooten, and Dave Shawver provided a report on
their recent attendance at various Regional Board Meetings.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(d)(1).
The Board convened in closed session at 6:13 p.m. Item CS-1 (B) was not heard.
Confidential minutes of the Closed Sessions have been prepared in accordance with the
above Government Code Sections and are maintained by the Clerk of the Board in the
Official Book of Confidential Minutes of Board and Committee Closed Session meetings.
CS-1 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2026-4805
CONVENED IN CLOSED SESSION:
Number of Cases: 2
A. Emmanuel Rios v. Orange County Sanitation District, Workers’ Compensation
Claim, Workers’ Compensation Appeals Board, Case No. ADJ20936106; and.
B. Michael Oberly v. Orange County Sanitation District and Does 1-25, Orange
County Superior Court Case No. 30-2025-01489491-CU-OE-CJC.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2026-4806
CONVENED IN CLOSED SESSION:
2:18-CV-05836-MWF(PLAx).
RECONVENED IN REGULAR SESSION.
The Board reconvened in Open session at 6:37 p.m.
Page 10 of 11
BOARD OF DIRECTORS Minutes February 25, 2026
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Scott Smith stated there was no reportable action.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
Clerk of the Board Kelly Lore stated that Director Tom Lindsey had requested that the Board
receive an update on the progress of the current effort to identify all OC San Easements; and
review the current policy for easement encroachments.
ADJOURNMENT:
At 6:39 p.m., Chair Gallagher adjourned the meeting until the next Regular Meeting of the
Board of Directors to be held on Wednesday, March 25, 2026 at 6:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 11 of 11
BOARD OF DIRECTORS
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4817 Agenda Date:3/25/2026 Agenda Item No:4.
FROM:Robert Thompson, General Manager
Originator: Jennifer Cabral, Director of Communications
SUBJECT:
UPDATE TO RECORDS MANAGEMENT PROGRAM PROCEDURES AND RECORDS
RETENTION SCHEDULE RESOLUTION
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Adopt Resolution No.OC SAN 26-05 entitled:“A Resolution of the Board of Directors of the Orange
County Sanitation District Adopting the Records Management Program Procedures and Records
Retention Schedule,Authorizing Destruction of Obsolete Records,and Repealing Resolution No.OC
SAN 26-03”.
BACKGROUND
The Orange County Sanitation District’s (OC San)Records Management Program is being updated
to meet statutory regulations and agency changes to better serve the operational needs of OC San.
OC San’s Records Management Program documents how long various types of information is to be
kept,as dictated by the legal,fiscal,operational,and audit needs of OC San.As a public agency,
there is an obligation to effectively manage and maintain OC San’s information,most of which is
classified as public information.
RELEVANT STANDARDS
·Maintain and adhere to appropriate internal planning documents:Resolution No.OC SAN 26-
03 (Current Records Management Program Procedures and Records Retention Schedule)
·Comply with Government Code §60200 through 60204
·Comply with Government Code §7920.000 et seq.
PROBLEM
There was an error in the attached Records Retention Schedule during the adoption of Resolution
No. OC SAN 26-03.
PROPOSED SOLUTION
Adopt the updated OC San Records Management Program Procedures to include the correct
Records Retention Schedule which reflects the current legal regulatory requirements and operationalOrange County Sanitation District Printed on 3/17/2026Page 1 of 2
powered by Legistar™
File #:2026-4817 Agenda Date:3/25/2026 Agenda Item No:4.
Records Retention Schedule which reflects the current legal regulatory requirements and operational
requests.
TIMING CONCERNS
Destruction of some records may not be authorized until the updated Records Retention Schedule is
approved.
RAMIFICATIONS OF NOT TAKING ACTION
Records will be kept longer than legally required,which will impact compliance with the current
retention regulations, as well as the need and costs associated with additional storage space.
PRIOR COMMITTEE/BOARD ACTIONS
February 2026 -Adopted Resolution No.OC SAN 26-03 entitled:“A Resolution of the Board of
Directors of the Orange County Sanitation District Adopting the Records Management Program
Procedures and Records Retention Schedule,Authorizing Destruction of Obsolete Records,and
Repealing Resolution No. OC SAN 24-15”.
ADDITIONAL INFORMATION
As dictated by the current legal,audit,business,and operational needs of OC San,changes were
made to existing record types,which include the retention length,record descriptions,and legal
citations.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Resolution No. OC SAN 26-05
·Records Management Procedure Manual and Records Retention Schedule (Redline)
Orange County Sanitation District Printed on 3/17/2026Page 2 of 2
powered by Legistar™
OC SAN 26-05-1
RESOLUTION NO. OC SAN 26-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE ORANGE COUNTY SANITATION DISTRICT
ADOPTING THE RECORDS MANAGEMENT PROGRAM
PROCEDURES AND RECORDS RETENTION
SCHEDULE, AUTHORIZING DESTRUCTION OF
OBSOLETE RECORDS, AND REPEALING RESOLUTION
NO. OC SAN 26-03.
WHEREAS, it is necessary to establish a policy to maintain a Records
Management Program (“Program”) that provides for the identification, access, and
protection of all records generated or received by the Orange County Sanitation District;
and
WHEREAS, said Program ensures that all the Orange County Sanitation District
records are created, received, maintained, and destroyed in a legal and cost-effective
manner, in accordance with operating requirements for the Orange County Sanitation
District business and applicable statutes and regulations; and
WHEREAS, the Board of Directors of the Orange County Sanitation District are
authorized, by the provisions of California Government Code Sections 60200 through
60204, inclusive, to destroy records under certain conditions; and
WHEREAS, it is described and appropriate to authorize the destruction of the
records on a routine basis; that have been retained for a defined period of time, that are
copies of originals on file with the Orange County Sanitation District, or that have been
preserved in conformance with all applicable statutes.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
Section 1: Adoption of the Updated Records Management Procedures. The
Board of Directors of the Orange County Sanitation District hereby adopts changes to the
Records Management Procedure Manual attached hereto.
Section 2: Adoption of the Updated Records Retention Schedule. The Board
of Directors of the Orange County Sanitation District hereby adopts changes to the
Records Retention Schedule, attached hereto in the Records Management Procedure
Manual.
Section 3: Authorization for Destruction of Records. The destruction of records,
papers, and documents is hereby authorized, pursuant to California Government Code
Sections 60200 et seq., after such records have been retained for the minimum time set
forth in the Records Retention Schedule.
OC SAN 26-05-2
Section 4: Destruction of Records After Preservation. Any record not expressly
required by law to be filed and preserved may be destroyed at any time after it is
preserved in conformance with the requirements of California Government Code Section
60203.
Section 5: Destruction of Duplicates. Pursuant to California Government Code
Section 60200, any duplicate record, paper, or document (the original or a permanent
copy of which is in the files of any office or Department of the Orange County Sanitation
District) may be destroyed after confirmation with Records Management that such original
or permanent copy remains on file in the Orange County Sanitation District.
Section 6: Retention of Records Not Mentioned. All records, papers, and
documents not mentioned in this Resolution shall be retained.
Section 7: Resolution No. OC SAN 26-03 is hereby repealed.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of the
Orange County Sanitation District held March 25, 2026.
________________________________
Ryan P. Gallagher
Board Chairman
ATTEST:
___________________________
Kelly A. Lore, MMC
Clerk of the Board
OC SAN 26-05-3
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OC SAN 26-05 was passed
and adopted at a regular meeting of said Board on the 25th of March 2026, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the Orange County Sanitation District this 25th of March 2026.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
Orange County Sanitation District
Adopted
March 25, 2026 Resolution
No. OC SAN 26-05
RECORDS MANAGEMENT
PROCEDURE MANUAL
MARCH 2026
Orange County Sanitation District
RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
SUBJECT: TABLE OF CONTENTS
Table of Contents 1 Adopted 03/25/2026
POLICY CONTACT:
Clerk of the Board (Custodian of Records) REGULATORY REFERENCES: Resolution No. OC SAN 26-05
California Government Code §34090 (How Long Records are Held-Records Retention) California Government Code §7920.000 (California Public Records Act) SECTION TITLE
4.0 Exhibit A 4.0 Exhibit B Records Retention Schedule Change Request Form Records Retention Schedule
5.0 Exhibit A 5.0 Exhibit B
5.0 Exhibit C
5.0 Exhibit D
Records Management Disposition Form Request for Authorization to Destroy Records Form
Certificate of Digital Record Destruction
Legal Counsel Written Consent Authorizing the
COMPLIANCE REVIEW
Orange County Sanitation District
RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
SUBJECT: TABLE OF CONTENTS
Table of Contents 2 Adopted 03/25/2026
SECTION TITLE
9.0 Exhibit A Records Hold & Records Hold Release Request Form
11.0 Exhibit A DCommunications Accounts
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS MANAGEMENT PROGRAM POLICY
Records Management Policy 1 Adopted 03/25/2026
1.0 POLICY STATEMENT 1.1 The Board of Directors shall not less than annually adopt a Resolution updating the Records Management Procedure Manual as presented by the
Custodian of Records (Clerk of the Board). The Orange County Sanitation
District (OC San) is committed to effective records management including, but not limited to: A. Meeting legal requirements for records retention;
B. Identifying and protecting all records;
C. Managing record holds; D. Protecting privacy; E. Optimizing the use of space; F. Minimizing the cost of records retention;
G. Providing open access to public records; and
H. Disposing of outdated records properly. 2.0 PURPOSE
2.1 The purpose of the Records Management Program Policy is to establish a Records Management Program (the Program) that will develop a systematic method for managing OC San’s records. The Program ensures that all OC San records are created, received, maintained, and dispositioned in a cost-effective manner, and in accordance with operating requirements for OC
San business and applicable statutes and regulations. Failure to follow the Program may result in excessive costs, litigation, loss of productivity, etc. 3.0 PROGRAM RESPONSIBILITY
3.1 Under the authority of OC San’s Board of Directors, the General Manager and the Executive Management Team oversee the Program. The Clerk of the Board is responsible for the oversight, implementation, administration, and operation of the Program.
3.2 The Clerk of the Board, and/or designee, and General Counsel will meet as needed to review Records Retention Schedule (RRS) change requests and approve changes, which are then presented to the Board of Directors.
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS MANAGEMENT PROGRAM POLICY
Records Management Policy 2 Adopted 03/25/2026
3.3 Departments/Divisions that maintain OC San records are responsible for understanding appropriate records management procedures and practices. Each Department/Division Manager, or a designee, must:
A. Ensure compliance with the approved RRS; B. Be familiar with the Program; C. Develop the Department’s/Division’s procedures and practices consistent with this Policy; D. Educate staff within the Department/Division about sound records management practices; E. Coordinate the disposition of records as provided in OC San’s RRS;
and
F. Restrict access to confidential records and information appropriately.
4.0 APPLICABILITY 4.1 This Policy applies to all OC San and contract staff who create, receive, or maintain OC San records. OC San requires the maintenance of records in
a consistent and logical manner so that OC San:
A. Meets legal standards for public examination, protection, storage, and retrieval; B. Protects the privacy of customers, ratepayers, and staff;
C. Optimizes the use of space;
D. Minimizes the cost of record retention; and E. Disposes of outdated records in accordance with the applicable statutes indicated in OC San’s RRS.
4.2 Record policies apply to all records, whether they are maintained in hard
(paper) copy, electronically, or in some other fashion. Each Department/Division shall appoint a Records Coordinator(s) who serves as a liaison to Records Management to assist in the development, implementation, maintenance, and adherence to a records management
plan appropriate for the particular records it maintains, in cooperation with
the Clerk of the Board and/or designee.
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS MANAGEMENT PROGRAM POLICY
Records Management Policy 3 Adopted 03/25/2026
4.3 The Department/Division Records Coordinator facilitates Program compliance within their respective Department/Division in applying the Program Policy.
4.4 OC San is subject to a range of statutes and rules regarding records
retention and disclosure. All OC San employees are responsible for complying with the requirements of the Program Policy and OC San‘s RRS. 5.0 HISTORY OF THE PROGRAM
5.1 OC San, through an outside consultant, conducted the initial records inventory from February through August of 2000. The inventory consisted of a physical inventory of records stored in active office work areas and various storage areas within the Plant No. 1 and Plant No. 2 facilities. The
purpose of the inventory was to describe, identify, locate, and quantify OC
San records. To supplement the data gathered during the physical inventory, the consultant conducted interviews with staff members from each Department/Division who were most familiar with records creation and maintenance.
5.2 Based on the physical inventory of records and the data gathered during the interviews, the initial RRS was developed. Files were identified by their record titles and classified into records series based on having similar business functions (purposes) and retention requirements.
5.3 Extensive legal research was performed to ensure that all legal requirements were met in assigning the records retention periods to each record series. Other attributes were also assigned to each record series to ensure that vital, historical, and confidential records are properly
protected and processed for retention.
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 2.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Program Guidelines 1 Adopted 03/25/2026
1.0 INTRODUCTION 1.1 The Orange County Sanitation District’s (OC San) Records Management
Program (the Program) is intended to effectively identify, manage, store,
and destroy records that have been created and received by OC San. 1.2 Records received and created by OC San in fulfillment of its responsibility to the public and in compliance with government regulations are identified
in the Records Retention Schedule (RRS), and accurate retention periods are assigned. 1.3 OC San records that are no longer needed to be in the immediate office of
each Department/Division for convenient access are processed for storage,
retrieval, or disposition in accordance with the guidelines established by the Program. 1.4 Records that have met the retention requirements identified in the RRS are
processed for destruction in accordance with the Program.
1.5 Historical and vital records are identified and processed in accordance with the guidelines established by the Program.
1.6 Records management activities are completed in a cost-effective manner.
1.7 The Program promotes an increase in productivity by decreasing the volume of obsolete records stored, thus reducing the amount of time necessary for document retrieval.
1.8 The Program contributes to industry best practices by ensuring accountability, efficiency, and compliance in a cost-effective manner. 2.0 PURPOSE
2.1 Identify OC San records to facilitate access to information required to conduct OC San business and to provide appropriate access by the public. 2.2 Maintain OC San records for the duration of the approved retention period.
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 2.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Program Guidelines 2 Adopted 03/25/2026
2.3 Provide access to OC San records for operational, legal, or public access requirements.
2.4 Digitize records.
2.5 Protect OC San records. 2.6 Ensure compliance with legal statutes and governmental regulations
regarding recordkeeping and public access requirements. 2.7 Destroy OC San records in accordance with the approved RRS or process those deemed historical records for long-term retention.
3.0 SCOPE 3.1 Create, receive, maintain, and dispose of OC San records.
3.2 Maintain approved RRS.
3.3 Ensure use of appropriate technology in facilitating records and information storage and retrieval.
3.4 Provide systematic control of all OC San records through processing,
distribution, maintenance, retrieval, and disposition. 4.0 RECORDS
4.1 OC San records must be managed throughout their “life cycle”.
4.2 The life cycle of a record is the time period from the creation or receipt of a record to its final disposition.
4.3 Final disposition can be either destruction or perpetual retention.
4.4 Life cycle of a record is inclusive of five (5) stages:
• Stage 1 – Creation or receipt of records
• Stage 2 – Use or distribution
• Stage 3 – Storage or maintenance
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 2.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Program Guidelines 3 Adopted 03/25/2026
• Stage 4 – Retention or disposition
• Stage 5 – Archival preservation
4.5 Some records do not require managing throughout their life cycle. Such
records are termed “transitory records”. The value of transitory records is limited to a very short time, i.e., a day, a week, or no more than three months. These records do not require digitization.
4.6 Transitory records do not carry the requirement to retain the documentation of any transaction. Transitory records include:
• Extra copies of publications, pamphlets, and blank forms. These are
considered “supplies” rather than records.
• Reference materials not produced by OC San.
• Working copies of documents used solely until the finished record is declared or declined.
• Notices of meetings, events, office or holiday gatherings, or employee
meetings which do not relate directly to the functional responsibility of
the organization.
• Informational copies of widely distributed OC San materials.
• Preliminary drafts of documents such as letters, memoranda, reports, and worksheets which do not represent significant steps in the
preparation of OC San records, and which do not record decisions.
Once the completed record is included in the filing system (in the appropriate medium), the working materials (drafts) are considered transitory records.
• Catalogs, trade journals, and other published materials received from
other organizations, commercial firms, vendors, or private institutions
which require no action and are not needed for documentary purposes. These materials are usually considered “reference materials” and should be controlled as such, but are not OC San records.
• Incorrect versions of documents, forms, or reports that had to be
regenerated in order to correct errors in typing, data entry, spelling,
grammar, or format. 5.0 RECORDS RETENTION SCHEDULE (RRS)
5.1 The RRS is a list of OC San records organized by record series to which
are assigned retention periods and other attributes.
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 2.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Program Guidelines 4 Adopted 03/25/2026
5.2 The retention periods identified in the RRS have been established after extensive legal research of all government regulations applicable to OC San.
5.3 The RRS has been reviewed and has received concurrence of the appropriate Department/Division staff, Clerk of the Board and/or designee, Executive Management, Legal Counsel, and the Administration Committee, as well as the approval of the OC San Board of Directors for
implementation. 5.4 The RRS has been developed to ensure that each Department/Division maintains its records for the duration of the period legally required by
applicable legal statutes and government regulations, and until all the
operational business functions are met. 6.0 HISTORICAL RECORDS
6.1 Historical records are identified and preserved.
6.2 The Program ensures that records with permanent historical value are identified, documented, and preserved for the life of OC San.
6.3 The Clerk of the Board and/or designee, prior to processing records for
destruction, shall identify records having historical significance. 6.4 Historical records are retrieved, prepared, and processed for preservation.
7.0 VITAL RECORDS 7.1 Vital records are those documents identified by each Department/Division as necessary to enable OC San to continue vital operations in the event of a disaster or major interruption to business.
7.2 Vital records enable OC San to reconstruct its legal obligations and rights. 7.3 Vital records enable OC San to reconstruct its financial position.
7.4 Vital records enable OC San to satisfy its obligations to its employees.
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 2.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Program Guidelines 5 Adopted 03/25/2026
7.5 Vital records enable OC San to protect employee and public health and safety.
7.6 Vital records enable OC San to reconstruct its assets and ownership.
8.0 CONFIDENTIAL RECORDS 8.1 Records containing proprietary or sensitive information to which access
must be restricted are considered confidential. 8.2 Confidential information must be protected and preserved to avoid unauthorized disclosure that could be harmful to a person, to OC San, or to
an OC San business process.
8.3 Confidential records shall be managed, controlled, and disposed of separately from records containing non-confidential information.
8.4 Confidentiality of information shall be protected until it is destroyed or until
OC San has changed the status of the confidentiality of information.
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 3.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by:
OC San Board of Directors
Staff Responsibilities 1 Adopted 03/25/2026
1.0 INTRODUCTION 1.1 The Records Management Program (the Program) is a decentralized administrative Program. As such, Program activities are carried out by the
Orange County Sanitation District (OC San) Clerk of the Board (Custodian
of Records) and/or designee and by OC San staff in each Department/Division. OC San’s Clerk of the Board and/or designee is responsible for coordinating and overseeing the Program and Program procedures, and Department/Division staff are responsible for complying
with the Program requirements for records in their respective areas. In the
procedures that follow, the individual responsible for running the daily operations of the Program is identified as the Clerk of the Board and/or designee.
2.0 PURPOSE
The purpose of this procedure is to describe the roles and responsibilities of the Clerk of the Board and/or designee and OC San Department/Division staff.
3.0 STAFFING AND RESPONSIBILITIES
Custodian of Records of OC San
CLERK OF THE BOARD AND/OR DESIGNEE
Clerk of the Board:
• Oversee OC San’s records/information. Records Act (PRA)
information in the relevant software.
•
Counsel.
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 3.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by:
OC San Board of Directors
Staff Responsibilities 2 Adopted 03/25/2026
Responsibility Action
•
related projects.
• Maintain the Records Retention Schedule (RRS) and related records series documentation.
• Develop and conduct training sessions on
any Records Management software.
• Maintain and update
needed.
•
resumption (“releases”) with Legal
C
available as required.
• Manage the records
Program.
• Conduct periodic audits of the Program to ensure compliance.
• In collaboration with IT and the Office of
Record, coordinate vital record protection
and ensure that the Program supports the Integrated Emergency Response Plan.
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 3.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by:
OC San Board of Directors
Staff Responsibilities 3 Adopted 03/25/2026
Responsibility Action DEPARTMENT/DIVISION RECORDS COORDINATORS
A list of Department/Division Records Coordinators can be found via the link.
•the RRS compliance with the Program. Forward
any requests for changes to the RRS to the Clerk of the Board and/or designee.
• Ensure that records are maintained and
Program.
•
transfer to offsite storage.
•
Records Release.
• Coordinate records disposition activities, including the preparation of a Disposition
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS RETENTION
Records Retention 1 Adopted 03/25/2026
1.0 INTRODUCTION
1.1 Records retention activities of the Records Management Program (the Program) control the maintenance and storage of Orange County Sanitation District (OC San) records. Following the retention procedures ensures compliance with pertinent statutory, regulatory, operating, and administrative recordkeeping requirements. In addition, it ensures that
records needed to conduct OC San business are protected and accessible. The Records Retention Schedule (RRS) is the foundation of the Program and defines the period required to maintain OC San records. The RRS is included as Exhibit B to this Procedure.
1.2 Records Management Terms:
Term Definition
Active
Administrative Value particular time.
Appraisal administrative, fiscal, and legal value; their evidential
Archival Records (also called Historical Records) archival value and designated as Historical on the OC
Audit
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS RETENTION
Records Retention 2 Adopted 03/25/2026
Closed / Completed
Copy (also called Duplicate)
which is not the official file copy of the agency.
reading file copy, tickler file copy, etc.
Current often kept on-
longer useful and may be dispositioned ac
Disposition including form of retention (hard of time retained (archive or destroy), where to store (on-site or off-site), and method of destruction (recycle, burn,
Duplicate of a record.
Evidential Value
File Integrity
Fiscal Value receivable and payable, payrolls, and vouchers.Documents availability of funds for operational purposes.
Historical Value
In appraisal, the value attributed to a record which
preserves documentation on significant historical events
including the agency’s operations, origin, policies,
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS RETENTION
Records Retention 3 Adopted 03/25/2026
Legal Value
Life
Minimum Retention Period The least amount of time a record must be kept determined by assessment of administrative, legal,
fiscal, and historical values.
Office of Record
Official Copy
Record or characteristic, made
business and
Records Retrieval
Retention Period The period of time that records must be kept according to legal or organizational requirements.
Retention Schedule
A list describing the Record Type, the length of time records are retained (may include active and inactive
storage detail), the Office of Record, and the final
disposition.
Supersede
Termination elected official's terms; employment; training, course,
Transitory Records administrative, fiscal, legal, or archival value.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS RETENTION
Records Retention 4 Adopted 03/25/2026
Vital Records
Those records containing information necessary to
continue the operation of government, affirm the powers
and duties of government,
1.3 Retention Length Codes:
The RRS provides information to guide the organization in maintenance of business records. Some retention periods are assigned a number representing the length of time (stated in years) for which the records must
be maintained and accessible (retrievable). Others are based on the
occurrence of an event or a transaction, or a combination of both. The following table describes the meaning of each event as it pertains to records retention and disposition.
Event Code Event Definition
CL Closed or Completed
CU
Current Year (Calendar or Fiscal, As
Appropriate)
EX Expired
LO
LF
Organization
or
project, physical plant or building, building system or sub-
system, asset, piece of equipment, or component.
NN Longer
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS RETENTION
Records Retention 5 Adopted 03/25/2026
OB Obsolete
S Superseded obsolete by a newer version or edition.
T Terminated
1.4 Special Storage Consideration Codes: Some retention periods are assigned a "characteristic" to identify any special handling required for documents classified in that record series. The
following table describes the meaning of each "characteristic" as it pertains
to records retention and disposition.
Code Characteristics Definition
V Vital
and
H Historical
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS RETENTION
Records Retention 6 Adopted 03/25/2026
C Confidential
accessed
does not
2.0 RECORDS CLASSIFICATION
2.1 Records are classified into Records Series to facilitate assignment of retention times, legal citations, and the overall maintenance of OC San records.
2.2 Classifications contain like records grouped together based on similar
business function, usage, and retention time. 2.3 A Record Series is comprised of similar or related record titles that have a similar business function (purpose), are normally used and filed as a unit,
and are retained for a similar time period. 3.0 RECORDS RETENTION SCHEDULE (RRS) MAINTENANCE 3.1 The RRS is a list of OC San records organized by Department/Division and
Record Type/Record Series to which are assigned retention periods and
other attributes. 3.2 Following the retention standards of the schedule ensures that OC San maintains appropriate records of OC San transactions and meets its legal
obligations cost effectively by storing records as long as is operationally and
legally required. The RRS shall be reviewed, evaluated, and updated
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS RETENTION
Records Retention 7 Adopted 03/25/2026
periodically by the Clerk of the Board and/or designee, OC San Management, and General Counsel.
3.3 The retention periods assigned to each record series shall be maintained and updated, as needed, to meet changing business, legal, and regulatory requirements. Responsibility Action
Designee •Records Series with Definitions.
Records Coordinator •
Department/Division.
• Match the RRS shop, field, and other storage locations.
•
maintained by the Department/Division.
•
(vital, historical, or confidential).
Contact the Clerk of the Board
for direction as to how to proceed. A RecordRetention Schedule Change Request (Exhibit A) may be requested to updates or changes requested.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS RETENTION
Records Retention 8 Adopted 03/25/2026
Designee •
in which Record Series
belong.
•
Department/Record Series.
• characteristics (if any):
Department/Division Records Coordinator.
•
•Records Coordinators for
4.0 RECORDS RETENTION SCHEDULE CHANGES
4.1 The Department/Division Records Coordinator may request a change to the RRS at any time.
4.2 Examples of changes that may initiate a change to the RRS include:
• Change in the assigned Office of Record due to reorganization.
• Change in the characteristics associated with the records: vital, historical, or confidential.
• Change in the retention event associated with the records, for
example: closed, complete, expired, or superseded.
• Change in the legal and administrative requirements.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS RETENTION
Records Retention 9 Adopted 03/25/2026
• New record types that are generated or used in performing
business functions.
• Change in the definition of the Record Series that applies to Department/Division records.
• Contact the Clerk of the Board and/or designee for any changes to the RRS. An RRS Change Request Form may be requested. The Clerk of the Board and/or designee will secure all the
required approvals to initiate the requested modification.
• The Clerk of the Board and/or designee will communicate with the Department/Division Records Coordinator as to the outcome
of the request, update the RRS, and distribute the updated RRS to all applicable parties (persons and web sites). 5.0 RECORDS PURGE
5.1 Eliminate records from active files and facilitate their timely
destruction after all legal and business requirements have been met. 5.2 Only records that are useful in current business activities are retained, enabling timely retrieval of frequently used records.
5.3 Records with research or historical value are preserved in a controlled environment. 5.4 Records stored offsite are reviewed semi-annually and a list of
retention expired records prepared by the Clerk of the Board and/or
designee for each Department/Division. 6.0 INACTIVE RECORDS TRANSFER AND STORAGE
6.1 Inactive records are those records that have not met their required
retention periods but are no longer current or frequently referenced. 6.2 Inactive files management standards are established by OC San to ensure that OC San records remain accessible and protected
throughout the duration of their required retention periods.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS RETENTION
Records Retention 10 Adopted 03/25/2026
6.3 Active files are periodically reviewed to identify those records that
are inactive. 6.4 Inactive records that are identified during the review are purged from active file areas and processed for offsite storage.
6.5 Systematic control of inactive records consists of:
• Properly packing the records in records storage boxes obtained from the warehouse and properly labeling the boxes.
• Preparing an index of the contents of the box using a Disposition Form.
• Contacting the Clerk of the Board and/or designee for a barcode.
• Follow the guidelines below when packing the records:
• Each box shall only contain official inactive records. Non-records and duplicate records should not be transferred to offsite storage. They are destroyed in the active office
area as appropriate.
• Do not pack different Records Series in the same box. Records Series packed together should have the same destruction date.
• Schedule the pick-up and transfer of the box(es) to offsite storage by contacting the Clerk of the Board and/or designee.
7.0 PURGING TRANSITORY RECORDS
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS RETENTION
Records Retention 11 Adopted 03/25/2026
7.1 Transitory records can be purged from file storage equipment and destroyed as soon as their usefulness in the performance of business
functions is met. 7.2 Do not send transitory records to offsite storage. 8.0 RETRIEVING BOXES FROM OFFSITE STORAGE
8.1 Inactive records may be retrieved from the offsite storage center at any time by contacting the Clerk of the Board and/or designee. 8.2 Records may be retrieved only by staff from the Department/Division
designated as “owner” of the records.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS RETENTION
Records Retention 12 Adopted 03/25/2026
8.3 In the event that staff from a Department/Division other than the owner requires access to the records, the retrieval request shall be
approved by the Clerk of the Board and/or designee and the Department/Division that owns the records. 8.4 Boxes retrieved from the offsite storage center shall be returned to the center with the same records and in the same order as when they
were received. Records should not be removed, nor should additional records be added. Should records need to be added/removed, or the box content altered in any way, contact the Clerk of the Board and/or designee as to how best to proceed.
Procedure 4.0
Records Retention Schedule Change Request Form
Exhibit A
Records Retention Schedule (RRS) Change Request Form
Date: Division Number: Retention Number (If Applicable): Record Series/Record Type, Including Description (If Applicable):
Change Requested:
Description of Change Requested:
Examples: Add: Need to Add a Record Series/Record Type for the retention of a certain type of record.
Add a record to the Record Series/Record Type description.
Required Approval: Requester’s (If Different From Records Coordinator) Name & Signature:
Name (Print) Signature Date
Records Coordinator Name & Signature:
Name (Print) Signature Date
Department/Division Supervisor Approval:
Name (Print) Signature Date Department/Division Manager Name & Signature:
Name (Print) Signature Date Department/Division Director Name & Signature:
Name (Print) Signature Date
Records Retention Schedule (RRS) Change Request Form
Legal Counsel Name & Signature:
Records Management Name & Signature:
For completion by Records Management
Date Action Taken:
Action Taken (Describe):
Date Revised RRS Distributed &
Posted to SharePoint:
Procedure 4.0
Records Retention Schedule
Exhibit B
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
DW001 LO
DW002 LO H
DW003 NN
DW005 S+5 EL, P
DW006 CU+2 H
DW007 CU+2 EL, PGeneral Correspondence (Excluding Real Estate/Real Property Matters):Email in Outlook Inbox & Sent Folders, Returned Proposition 218 Notifications (Returned Mail)
This pertains to all communication not specifically
addressed or related to another Retention Number
contained in the whole Records Retention ScheduleCU = date of communication
Non-Historical Photos & Videos Historical/Non-Historical determination is made by the Department Director or Custodian of Records
Incorporates 2018 PAO003
Reference Files (Not Incorporated in Any Other RRS Record Type):Equipment Manuals Not Included in DW010, Process Workflows, Budget Planning Documents, Training
Elsewhere in the RRS)
Longer retention period required by SOS C-19 aplied
to all records in this Record TypeIncorporates 2018 OMD012
Speeches and Non-Marketing Related Presentations & Supporting Documents (Includes PowerPoints):
Presentations Not Made at Board/Committee Meetings
SOS C-24Some records may be kept for historical valueIncorporates 2020 DW004, 2018 PAO005, 2018
OMD013
CU = date of presentation
Historical Records:
Photos, Slides Used by O&M, Videos, Correspondence
Business value for LO retention. Historical/Non-
Historical determination is made by the Department
Director or Custodian of Records.
Confidential
Historical TapesVital
Districtwide
Record Series / Record Type Retention Citations &
Comments
Published Articles Written/Contribution by OC San Staff SOS C-24, SOS C-40
Business value for LO retention
Incorporates 2018 ESD018
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
1 Districtwide Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Confidential
Historical TapesVital
Districtwide
Record Series / Record Type Retention Citations &
Comments
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
DW008 CU+90 Days EL, P
DW009 CU+2
DW010 LO EL, P
DW011 CU + 3 EL, P
Facility & Collection System Equipment Manuals and Related Reference Files GC §60201(d)(11); SOS C-23, SOS C-19Separating these records from DW005 as business practice is that they are kept LO
Purchaser/Card Holder Receipts for Purchases Made Using OC San Procurement Card (Credit Card)SOS C-29, SOS C-30CU = statement date
Non-Records in Email Format in Outlook Deleted Folder or Microsoft Teams Chat These records fail to meet the definition of a public
record under Government Code §6252(e)
CU = date of communication
Various Internal Meeting Minutes:
Includes Minutes Not Otherwise Indicated Herein, Including Executive Management Team (EMT)
Meeting Minutes, Managers Meeting Minutes, Administrative Support Meeting Minutes
SOS C-19
EMT Meeting Minutes previously 2020 GMO017
CU = calendar year
2 Districtwide Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
BSD001 LO EL, P
BSD002 LO EL, P
BSD003 LO V EL, P
BSD004 LO V EL, P
BSD005 LO EL, P
BSD006 CU+2 EL, P
BSD007 T+10 EL, P
Bids - Unaccepted (Board Approved)
GC §60201(d)(11); SOS C-30Includes unsuccessful and rejected bids. For rejected bids, includes bid documentation (plans, specs, etc.).
CU = calendar year
Board Administration Files:Loyalty Oaths, Election Records, Directors Lists, Contact Information PC §801.5 22; SOS C-18; 29 USC §1113
Agreements & Contracts, Political & Outside Jurisdictions/Agencies:Cooperative Agreements, JPAs (Joint Powers Authorities), JFAs (Joint Finance Authorities), Interagency, Reimbursement Agreements GC §60201(d)(1), GC §60201(d)(9)
Annexation Files GC §60201(d)(1); SOS C-28
Bids - Awarded (Board Reviewed)GC §60201(d)(6); SOS C-30
Board Services
Record Series / Record Type Retention Citations &
Comments
Affidavits of Publications Notices GC §54960.1(c)(1); SOS C-22, SOS C-23
Required retention is CU+2; business value for LO
retention
Board and Committee Meeting Agenda Packets and Meeting-Related Materials:Agenda, Agenda Reports & Attachments, Presentations, GM Monthly Report SOS C-22
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
Special Storage Consideration
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
3 Board Services Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Board Services
Record Series / Record Type Retention Citations &
Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
Special Storage Consideration
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
BSD008 T+7 EL, P
BSD009 LO V EL, P
BSD011 EX+5 EL, P
BSD012 LO V EL, P
BSD013 LO V EL, P
BSD014 LO EL, P
BSD015 CL+2 EL, P
Easements (Including Related License Agreements & Other Agreement Types), Grant Deeds, Quit Claim Deeds, Abandonments, Condemnations, Real Estate Purchase & Sale, Property Agreements, Encroachment Permits, Right of Way Agreements
GC §60201(d)(8)
Incorporates 2015 ENG010, 2015 ENG013, 2018
ENG026
Legal Opinions SOS C-23; GC §6254
Litigation Files 40 CFR §122.41(j)(2), 40 CFR §403.12(o); SOS C-45
CL = 2 years after case is closed
Purchasing, Contracts & Agreement Files - Capital Improvement Projects (CIP) & Non-CIP - Committee
or Board Approved:
Includes Authorization Documents; Change Orders; Amendments; Notices; Published Invitation for Bid
(IFB) Documents, including Specifications & Drawings, Solicitation Addenda and Bulletins Issued;
Notices of Intent to Award; Notices of Award; Notices to Proceed; Notices of Completion; Property &
Other Lease Agreements; Purchase Order and Requisition Files
CCP §337; H&S §19850; SOS C-22, SOS C-27, SOS
C-30
Ethics Training:Sexual Harassment Board Only, Ethics Training Board & Employee GC §53235.2(b)
Formation Files GC §60201(d)(1)
Conflict of Interest (FPPC Filings)GC §81009(e); SOS C-18
4 Board Services Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Board Services
Record Series / Record Type Retention Citations &
Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
Special Storage Consideration
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
BSD016 LO V EL, P
BSD017 LO V EL, P
BSD018 LO EL, P
BSD019 LO V EL, P
BSD020 LO EL
BSD021 CU+3 EL, P
BSD023 CL+2 EL, PPublic Records Act Requests GC §60201(d)(5); SOS C-23
Resolutions GC §60201(d)(2)
Tapes & Digital Recordings (Audio & Video):
Board or Committee Meetings
GC §54953.5(b)
Minimum retention 30 days or until adoption of the
minutes per Brown Act.
Director Communications:General Board Correspondence
PC 801.5 22; 29 USC §1113
Incorporates 2015 BSD010
CU = calendar year
Meeting Minutes:Board & Board Committees GC §60201(d)(3)
Ordinances GC §60201(d)(2)
Recorded Project Documents:
Notices of Completion, Easements, Deeds, etc.GC §60201(d)(8); SOS C-26
5 Board Services Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Board Services
Record Series / Record Type Retention Citations &
Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
Special Storage Consideration
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
BSD024 LO EL, P
BSD025 LO EL, P
BSD026 LO EL, P
BSD027 S+3 EL, P
BSD028 LO H EL, P
BSD029 LO H ELOC San Declarations of Emergency Log & Related Back Up Documentation
Records Destruction Records:
Approvals, Certificates, Requests
SOS C-23
Incorporates 2018 ITD019
Records Management Annual Audits:Inventory, Storage, Destruction SOS C-23Incorporates 2018 ITD020
Public Records Act Requests Log
Required retention is the same as BSD023 (CL+2);
business value in LO retention; no additional, specific citations
Grand Jury Reports/Responses
Records Retention Schedules
CCP §343; SOS C-23
Schedules are superseded when updated
Incorporates 2018 ITD022
6 Board Services Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Board Services
Record Series / Record Type Retention Citations &
Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
Special Storage Consideration
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
BSD030 LF CL C, V
BSD031 7 V EL, P
BSD032 LO V EL, PDelegation of Authority, Especially Related to Declaration of Emergency (Executive Management) &
Related Log GC §8557(b), GC §8634
Escrow Bid Documents Unsuccessful Contractor/Awarded Contractor
CCP §337.15
Unsuccessful Escrow Bid Documents are returned to
Contractor after Contract is awarded. The Escrow Bid Documents for the Awarded Contractor are returned
the end of the life of the facility (business preference
to retain these documents longer than required by
§CCP 337.15, which indicates CL+10). after
completion of the project.OC San acts as a temporary
of the bidders.
Board Compensation Preparation Documents:Completed Timesheets; Meeting Attendance DocumentationBoard Payroll Documentation retained in FAD023
CCP §337; 26 CFR §1.6001-1, 29 CFR §516.5, 29 CFR §516.5(a)-(b), 29 CFR §516.6(a)(1); GC §60201(d)(12); SOS C-30; IRS Reg. §31.6001-1(e)(2);R&TC §195307 years is triggered from date of payment
7 Board Services Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
CPM001 LO CD, EL, P
CPM002 CL+7 CD, EL, P
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
Purchasing, Contracts & Agreement Files - Non-CIP Projects - Not Committee or Board Approved:Includes Insurance Certificates; Authorization Documents; Change Orders; Amendments; Notices; Pre-Award Bid/Proposal Packages; Bid/Proposal Evaluation Materials; Protest Documents; Project Documents; Published Invitation for Bid (IFB) Documents, including Specifications & Drawings, Addenda and Bulletins Issued, Bid Requirements Form, Question & Answer Logs, Outreach Materials, Evaluator Certifications, Responsiveness & Responsibility Review Documents (Safety, Finance, Experience Requirements), Clarification Requests & Responses, and Bid/Proposal Evaluation Memorandum; Notice of Award Recommendations; Protest and Associated Documents; Determination on Protests; Appeals; Determination of Appeals; Preliminary Notices; Stop Notices; Notices of Completion; Property & Other Lease Agreements; Purchase Order and Requisition Files
For Purchasing, Contracts & Agreement Files that are Committee or Board approved, please see
BSD009
CCP §337; SOS C-22, SOS C-30
Incorporates 2018 CPM004, 2018 CPM011, 2018
CPM012, 2018 CPM013, 2018 CPM014, 2018
CPM016, 2018 CPM017, 2018 CPM018
Confidential
Historical TapesVital
Contracts, Purchasing, and Materials Management
Record Series / Record Type Retention Citations &
Comments
Purchasing, Contracts & Agreement Files - Capital Improvement Projects (CIP) - Not Committee or Board Approved:Includes Insurance Certificates; Authorization Documents; Change Orders; Amendments; Notices; Pre-Award Bid/Proposal Package; Bid/Proposal Evaluation Materials; Protest Documents; Project Documents; Published Invitation for Bid (IFB) Documents, including Specifications & Drawings, Addenda and Bulletins Issued, Bid Requirements Form, Question & Answer Logs, Outreach Materials, Evaluator Certifications, Responsiveness & Responsibility Review Documents (Safety, Finance, Experience Requirements), Clarification Requests & Responses, and Bid/Proposal Evaluation Memorandum; Notice of Award Recommendations; Protest and Associated Documents; Determination on Protests; Appeals; Determination of Appeals; Preliminary Notices; Stop Notices; Notices of Completion; Property & Other Lease Agreements; Purchase Order and Requisition FilesFor Purchasing, Contracts & Agreement Files that are Committee or Board approved, please see BSD009
CCP §335; GC §4000; H&S §19850; SOS C-22, SOS C-27, SOS C-30Incorporates 2018 CPM004, 2018 CPM011, 2018CPM012, 2018 CPM013, 2018 CPM014, 2018
CPM015, 2018 CPM017, 2018 CPM018
8 Contracts, Purchasing, and Materials Management Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Life of Facility, Equip. or Software
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
Contracts, Purchasing, and Materials Management
Record Series / Record Type Retention Citations &
Comments
CPM005 CL+5 EL, P
CPM008 CL+4 EL
CPM009 CU+3 EL, P
CPM019 LO H, V EL, P
CPM020 LO H EL, P
CPM021 CU+2 EL, P
Purchase Order & Requisition Files (Not included in BSD009, CPM001 & CPM002):Open Annual (OA), Open Blanket (OB), Open Purchase (OP), Open Service (OS), Requisitions in JDE, Procurement Card Purchases
CCP §337; GC §60201(d)(9) & (10); SOS C-30
Incorporates 2018 CPM006
Warehouse and Materials Management Records:
Discrepancies, Add To Stores, Receivers, Return To Vendors (RTV), Shipping Records, Inventories,
Disposal of Surplus Assets
CCP §337; SOS C-29, SOS C-30
Incorporates 2018 CPM007
Procurement Card Documentation:
Reconciliation (Receipts/Activity in Chase Portal), Reports, Agreements, Correspondence
SOS C-29, SOS C-30
CU = statement date
Certificates of Insurance SOS C-24Incorporates 2018 CPM014
Purchasing & Contracts Support Documents - CIP & Non-CIP - Committee or Board Approved:Includes Pre-Award Bid/Proposal Packages; Bid/Proposal Evaluation Materials; Project Documents; Bid Requirements Forms; Question & Answer Logs; Outreach Materials; Evaluator Certifications; Responsiveness & Responsibility Review Documents (Safety, Finance, Experience Requirements), Clarification Requests and Responses; Bid/Proposal Evaluation Memorandum; Notice of Award Recommendations; Protest and Associated Documents, Determination of Protests; Appeals; Determination of Appeals; Preliminary Notices; Stop Notices
CCP §337, CCP §337.15; SOS C-22, SOS C-30Incorporates 2018 CPM004, 2018 CPM010, 2018 CPM011, 2018 CPM012, 2018 CPM013, 2018 CPM014, 2018 CPM015, 2018 CPM016, 2018
CPM017, 2018 CPM018
Bids - Unaccepted (NOT Committee or Board Approved)
GC §60201(d)(11); SOS C-30
Includes unsuccessful and rejected bids
CU = calendar year
9 Contracts, Purchasing, and Materials Management Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
ENG005 LO
ENG007 S V
ENG008 LO V
ENG009 LO V
Engineering Drawing:Record Drawings SOS C-26, SOS C-44
Incorporates 2018 ENG021, 2020 ENG031
Drawings - Shop & Construction Contract Submittals (Permanent Assets)Incorporates 2020 ENG032, 2015 ENG011
Engineering Drawing:
Conformed Set Drawings
SOS C-26, SOS C-44
Conformed Set Drawings are superseded by
Record Drawings & retained pursuant to ENG008; if
no drawings are issued, the Conformed Set is kept
for Life of Organization
Incorporates 2018 ENG021
Confidential
Historical Tapes
Vital
Engineering
Record Series / Record Type Retention Citations / Comments
CEQA Documents Prepared for District Purposes: Includes Environmental Impact Report Documents (Draft & Final), Negative Declarations, Notices of
Completion and Determination, Comments on Environmental Documents, Statements of Overriding
Considerations, Technical Studies, Initial Studies, Mitigation and Monitoring Reports, Environmental
Assessments, Notices of Preparation, Mitigated Negative Declarations, Notices of Exemption
14 CCR §15062, 14 CCR §15075, 14 CCR §15094,
14 CCR §15095(c), 14 CCR §15112, 14 CCR §15208; GC §60201(d)(10); SOS C-27
Incorporates 2018 ENG022
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
10 Engineering Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
Confidential
Historical Tapes
Vital
Engineering
Record Series / Record Type Retention Citations / Comments
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
ENG012 CL+10
ENG014 CU+20
City or County Planning Documents Unrelated to a Specific, Current OC San Project or Business Need
As Otherwise Defined in Another Retention Number:Specific Plan, Master Plan, CEQA Documents Including Environmental Impact Reports and Addenda, Negative Declarations, Notices of Completion and Determination, Comments on Environmental Documents, Statement of Overriding Considerations, Exemptions, Technical Studies, Mitigation and Monitoring Reports
GC §60201(d)(10); SOS C-26, SOS C-27, SOS C-28OC San is not the custodian of these records;
however there is a business value to the retention
of these records.
Incorporates 2015 ENG004, 2018 ENG001CU = document date
ENGINEERING PROJECT FILE (TO INCLUDE ALL CAPITAL PROJECT MANAGEMENT LIFE CYCLE PHASES):
Project Development: Correspondence, Gate Review, Meeting Agendas & Minutes, Handoff Documents, Consultant Monthly ReportPreliminary Design: Correspondence, Design Submittal, Gate Review, Meeting Agendas & Minutes, Preliminary Design Report Documentation, Public Outreach, Consultant Monthly Report
Design: Consultant Monthly Report, Correspondence, Design Submittal, Final Design Submittal, Gate
Review, Meeting Agendas & Minutes, Public Outreach, Handoff Documents, ETAP DocumentsConstruction and Installation: Consultant Monthly Report, Construction Contract Submittals (Not Permanent Assets), Correspondence, Gate Review, Construction Inspection Daily Reports & Documentation, Meeting Agendas & Minutes, Public Outreach, Requests & Changes (Bulletin, Contractor
Cost Proposal, Delay & Schedule Analysis, Field Change Order, Request for Change, Request for
Information, Request for Proposal, Time & Materials Report), Safety Documentation, ETAP Documents,
Project Schedule, Construction Photos and Videos (Taken by OC San Staff)Commissioning: Correspondence, Gate Review, Meeting Agendas & Minutes, Substantial Completion-Beneficial Use, Use Prior to Completion, Substantial Completion, Final Completion
Closeout: Correspondence, Gate Review, Meeting Agendas & Minutes, Final Acceptance & Release of
Retention, Warranty Documentation, As-Builts & Field Markups
CCP §337.15Incorporates 2018 ENG007, 2018 ENG008, 2018
ENG009, 2018 ENG010, 2018 ENG011, 2018
ENG012
CL = budget closure date in budget documentation or the date of the Director of Engineering's
signature on the Close-Out Form
11 Engineering Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
Confidential
Historical Tapes
Vital
Engineering
Record Series / Record Type Retention Citations / Comments
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
ENG015 LO V
ENG017 LO V
ENG019 LO V
ENG020 CL+2
ENG023 S+10
Specification Conformed Incorporates 2018 ENG028
Requests for Underground Utility Information (From City, Utility, Public Agency or Contractor Working On Behalf of Same):Original Inquiry/Plans Received, OC San Response Incorporates 2018 ENG004
Code and Standards:ACI 318 - Building Code Requirements for Structural Concrete; ACI 350 - Code Requirements for Environmental Engineering Concrete Structures; ASCE 7-16 - Minimum Design Loads & Associated Criteria for Buildings & Other Structures; ASCE 41-13 - Seismic Evaluation & Retrofit of Existing Buildings; Greenbook - Standard Specifications for Public Works Construction; NFPA 13 - Standard for
Installation of Sprinkler Systems; NFPA 30 - Flammable & Combustible Liquids Code; NPFA 37 -
Standard for the Installation & Use of Stationary Combustion Engines & Gas Turbines; NFPA 70 -
National Electrical Code; NFPA 72 - National Fire Alarm & Signaling Code; NFPA 101 - Life Safety Code; NFPA 820 - Standard for Fire Protection in Wastewater Treatment & Collection Facilities; NFPA 2001 - Standard on Clean Agent Fire Extinguishing Systems; California Building Codes
OC San is not the custodian of these records; however there is a business value to the retention
of these records.
Connection Permit:
Trunk Sewer Connection Permit
GC §60201(d)(10); SOS C-43, SOS C-44
Incorporates 2018 ENG029
Collection System Condition Assessment Records:
CCTV, Reports
12 Engineering Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
Confidential
Historical Tapes
Vital
Engineering
Record Series / Record Type Retention Citations / Comments
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
ENG024 LF
ENG025 LF
ENG027 LO
ENG030 LO
Facility Permits:
Air Quality Management District (AQMD), Permit to Operate, California Coastal Commission/Coastal Development, Building Permit, Fire Department Permit, Army Corps of Engineers, CEQA Permits, Encroachment/Right of Way, Permit for Construction, Regional Water Quality Control Board (RWQCB), City/County Permits, CalTrans Permits, EPA, California Dept. of Fish & Game, Orange County Flood Control District (OCFCD) Permit for Construction, Railway for Construction
SOS C-45
Final Design Documentation:Engineering Study and Analysis, Feasibility Study, Final Planning Study Report, Preliminary Design Report/Technical Memoranda, Engineering Calculations, Geotechnical and Geophysical Reports, Hazardous Materials Report, Hydrogeologic Report, Project Specific Seismic Report
SOS C-19, SOS C-25, SOS C-26, SOS C-27
Incorporates 2015 ENG016
Engineering Study & Analysis - May Include Reports Such as Soild Hauling Study, CCTV
Report, Trunk Sewer Analysis, Structural Analysis,
Electrical Report, Manufacturer Report, Design
Report, Technical Reports, Flow Report (Gallonage Flow), Odor Control, Air Quality Reports, Title
Report, Traffic Study, Dust & Dirt Analysis, Noise
Study, Project Report, May Also Include Annual
Reports Not Otherwise Addressed in the RRS
Construction Specialty:Electrical Test Report, Instrumentation Testing, Materials Testing Report, Mechanical Testing, Other Test Report, Soil Testing, Structural Testing, Survey Report, Commissioning Procedure, Construction Photos and Videos (Taken by Contractor)
SOS C-19, SOS C-25, SOS C-26, SOS C-27
Facility Reports:OC San Master Plan (Generated by Eng. Dept.), Strategic or Facility-Wide Planning Study Report (Seismic, Climate, Capacity, etc.), Asset Management Program Plan/Report
40 CFR §122.41(j)(2), 40 CFR §403.12(o); SOS C-45
CU = date of record
13 Engineering Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
Confidential
Historical Tapes
Vital
Engineering
Record Series / Record Type Retention Citations / Comments
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
ENG033 LO
ENG035 CL+10
ENG036 CL+10
ENG037 CL+10
Cost & Schedule Documentation:Budget Documentation, Budget Table and Schedule Documentation, Construction Schedule Documentation
CL = budget closure date in budget documentation
or the date of the Director of Engineer's signature
on the Close-Out Form
CEQA Correspondence, Including Correspondence with Outside Cities/Agencies:Includes Written and Electronic Correspondence
14 CCR §15062, 14 CCR §15075, 14 CCR §15094,
14 CCR §15095(c), 14 CCR §15112, 14 CCR
§15208; GC §60201(d)(10); PRC §21167.6; SOS C-27
Incorporates 2018 ENG002
CL = date of correspondence
CEQA Related Documentation Pertaining to Meeting Agendas and Meeting Minutes GC §60201(d)(3)
ENGINEERING CONTRACT SUPPORT DOCUMENTATION:
Professional Service Agreement: Solicitation (Scope of Work, Sole Source) & Contract Administration (Amendment and Reallocation, Consultant Invoice)Professional Design Service Agreement: Solicitation (Scope of Work, Sole Source) & Contract
Administration (Amendment and Reallocation, Consultant Invoice)
Professional Construction Service Agreement: Solicitation (Scope of Work, Sole Source) & Contract Administration (Amendment and Reallocation, Conformed Agreement Package)Construction Agreement: Solicitation (Sole Source) & Contract Administration (Certified Payroll,
Change Order, Claims Documentation, Contractor Progress Payment)
Task Order: Solicitation (Scope of Work, Sole Source) & Contract Administration (Amendment and Reallocation, Consultant Invoice)Bid Package: Published Packet - Specifications, Drawings, Bid Set Drawings
CCP §337.15; GC §60201(d)(12)
Incorporates 2015 ENG002, 2015 ENG003, 2015
ENG006, 2015 ENG018CL = budget closure date in budget documentation
or the date of the Director of Engineer's signature
on the Close-Out Form
14 Engineering Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
Confidential
Historical Tapes
Vital
Engineering
Record Series / Record Type Retention Citations / Comments
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
ENG038 CL+10
ENG040 LO V ELProject Close-Out Documentation These records are retained in the Primavera
Database and/or SharePoint
Project-Related Permit-Related Back Up Documentation:
Certification of Environmental Compliance, Contaminated Soil Manifest, Dewatering Data, Mitigation
Measure Monitoring Reporting, Storm Water Compliance Reporting, OSHA Excavation Permits
CL = budget closure date in budget documentation
or the date of the Director of Engineer's signature
on the Close-Out Form
15 Engineering Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
ESD001 LO
ESD002 OB+7
ESD003 LO
ESD004 LO
ESD005 LO
ESD008 LO
ESD009 CU+3
Cleanup, Abatement, and Remediation of Underground Storage Tanks
Underground Storage Tank Permits, Designated UST Operator Visual Inspector Reports 23 CCR 2772; SOS C-33
Non-Hazardous Waste Waste Hauler Manifests SOS C-42
CU = calendar year
Biosolids Management Records:
Biosolids Hauling, Use, EMS Activities
40 CFR §122.21, 40 CFR §122.41(j)(2), 40 CFR
§503.17; SOS C-47
Environmental Audit Records:
Conducted By OC San
Environmental Audit Records:
Conducted By Outside Parties SOS C-27
Asset Specific Emission Records:
Various Equipment and Operational Information, Including LogsPlease see OMD014 & OMD016 for retention of some records within ESD002 SOS C-27
Environmental Services
Record Series / Record Type Retention Citations / Comments
Air Emissions Permitting Files (AQMD, CARB, Other):
Final Permit, Testing Reports, Permit Applications, Correspondence CCP §338(k); SOS C-27
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
16 Environmental Services Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
Confidential
Historical Tapes
Vital
Environmental Services
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
ESD011 LO
ESD012 LO
ESD013 CU+7
ESD014 CU+6
ESD015 LO
ESD016 LO EL
ESD017 CU+6
OMP Field Datasheets:
Field Data and Collection Documentation, Animal Counts, Fish Collection Observations 40 CFR §141.33; SOS C-46
NPDES Permitting Files:
Final Permit, Permit Applications, Special Studies & Reports, CorrespondenceSee Special Note in ESD020
40 CFR §122.41(j)(2), 40 CFR §403.12(o); SOS C-
46
Permittee Files:
Discharge Permits and Urban Runoff Zero Discharge Permit, Discharge Certificate, Letter to Discharge (aka Discharge Authorization), Special Purpose Discharge, Class I, and II, Wastehauler MMRs, SMRs, TTO (TOMP) Waivers, WWARs Dry Cleaner Certifications* (retained until OOB or ownership change)
40 CFR §122.41(j)(2), 40 CFR §403.12(o); SOS C-45
CU = document date
Laboratory Standard Operating Procedures SOS C-19
Laboratory Records:Sample Preparation Records, Raw Data, Data Logs, Data Packets, QA/QC Reports, Final Processed Data, LIMS Reports, Lab Equipment Maintenance and Sterilization
SOS C-46
CU = calendar year
Non Permittee Files:Inspection Reports Data, Letters/Correspondence re: permit applicability including Discharge Authorization Request forms that do not lead to a permit, Inspection Report (Electronic Only)
SOS C-19, SOS C-42
CU = calendar year
Interagency (Outside) Agreements and Documentation MOU Agreements and amendments, audits, MOUs, historical documents, special studies, Semiannual/annual
reports, constituents of emerging concern, SSMPs, correspondence to/from EPA, RWQCB, etc. See
also Board approved Agreements & Contracts BSD003
GC §60201(d)(9)
17 Environmental Services Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
Confidential
Historical Tapes
Vital
Environmental Services
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
ESD020 LO P
ESD022 LO H, V
ESD023 CU+7
ESD024 LOCompliance Program Documentation:
Storm Water, SSO, Post Construction Mitigation, SSMP (WDR)
40 CFR §122.41, 40 CFR Part 141, 40 CFR
§141.33; SOS C-25, SOS C-27, SOS C-45
Compliance and Annual Reports:Discharge Monitoring Reports (DMR), Marine Monitoring Annual Report (MMAR), Biosolids Annual Report
Special Note: The MMAR contains information from NPDES permits so should be used as a
resource to ESD016
40 CFR §122.41(j)
Unprocessed Instrumentation Files & Lab Reports 40 CFR §122.41(j)
Chain of Custody - Laboratory CFR §403.12(o), 40 CFR §503.17(a)(3)(i), (a)(4);
SOS C-22
CU = calendar year
18 Environmental Services Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC TOMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TAV
Retention
Number
Retention Length
(Years Unless Specified)Consideration Media Type
FAC001 S+5 EL
FAC002 LF+2 EL, P
FAC003 LF+2 EL, P
FAC004 LF+2 EL, P
FAC005 LF+2 P
FAC006 LF+2 EL, P
FAC007 LF+2 V
Certifications (FLEET): Mobile Crane, Vehicles, Equipment Calibration Certification SOS C-47
DMV & State requirement
Vehicle Records (FLEET):
Equipment Files, Maintenance, Registrations, Vehicle Titles ("Pink Slips"), Vehicle Citations
Vehicle Titles/Pink Slips are transferred to new owner upon sale of vehicle; all other records are
retained until Disposal of Vehicle or Equipment + 2 years
CCP §337; 8 CCR § 3203(b)(1); 49 CFR §396.21(b)(1),
49 CFR §396.3(c)
Pressure Vehicle CNG Tank Inspection Certification (FLEET)40 CFR §122.41(j)(2), 40 CFR §403.12(o); SOS C-45
CU = date of record
Vehicle Smog Check Inspection Report (FLEET)SOS A-1DMV & State requirement
CHP Commercial Inspection (FLEET):
Bit Inspection (CHP Commercial Vehicle Inspection), CHP Safety Maintenance Inspection
49 CFR §396.11(c)(2)
CHP, DMV & State requirement
Facility Maintenance & Repair:LOTO Audits, Assessment & Testing Results - Data, Corrective & Preventative Maintenance Records (Job Plans, Work Orders)SOS C-42
Facilities Maintenance
Record Series / Record Type Retention Citations / Comments
Division Policies & Procedures:Guidelines, Checklists, Standard Operating Procedures SOS C-19
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
19 Facilities Maintenance Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
FAD001 CU+4
FAD002 CL+4
FAD003 CL+4 V
FAD005 LO H
Accounts Receivable Files CCP §337 et seq.; GC §60201(d)(7), GC §60201(d)(12); SOS C-29CL is the completion date of the year-end audit
Audit Records:Financial Statements, Audit Management Letters, Comprehensive Annual Financial Report (CAFR)SOS C-30
Financial Management and Administrative Services
Record Series / Record Type Retention Citations / Comments
Accounting Reports:Quarterly and Monthly Reports
SOS A-1, SOS C-30
CU = fiscal year
Accounts Payable Files:Vendor and Contractor Invoices, Bills, Statements, Any Non-Discharged Debt
CCP §337 et seq, GC §60201(d)(7), GC §60201(d)(12); SOS C-29
Freeze on all FAD002 records for the timeframe of
1/1/2010 through 12/31/2013. Freeze until 2/1/2043 for
the purposes of fulfilling Build America Bonds IRS
requirements. OC San issued Build America Bonds in
2010 (outstanding through 2/1/2040) for which we arereceiving a federal subsidy to offset our interest costs.
The IRS guidance found states that all issuers should
have records retention policies that maintain bond
documents & related records (including documents
supporting the disposition of funds) for at least the life
of the bonds plus three years (through 2043).
CL is the completion date of the year-end audit
Confidential
Historical TapesVital
Secretary of State Media Types
United States Code CD
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
20 Financial Management and Administrative Services Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Financial Management and Administrative Services
Record Series / Record Type Retention Citations / Comments
Confidential
Historical TapesVital
Secretary of State
United States Code CD
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
FAD006 S+7
FAD007 CU+6 V
FAD008 LO V
FAD009 LO H, V during
current FY
FAD010 CU+5
FAD011 CU+7
FAD012 LO H EL, P
Budgets vs. Actual:
Supporting Documentation Summaries, Worksheets, Goals and Objectives, Milestones
SOS C-29
CU = fiscal year
Check Records:Cancelled Payroll Checks, Voided Copies For Automatic Deposits, Registers, Requests for Hand Checks & Interim Payroll Checks
CCP §337; GC §60201(d)(12); SOS C-29
CU = calendar year
Capital Facility Capacity Charges (CFCC)
CCP §337; SOS C-29
Changed to LO as it is beneficial for OC San to
maintain copies of permits for fee calculations in the
future and historical reference for fees paid for parcels
Banking Records:Deposit Receipts, Bank Statements, Checking Account Reconciliation, Cash Transfer Report (LAIF, Wire Transfers, and Intrabank Transfers), Adjustments - Returned Checks (NSF), ACH Returns, Positive Pay Exceptions
SOS C-29, SOS C-30
CU = calendar year
Bonds:
Allocation CCP §336(a), CCP §337.5; GC §43900, GC §53921
Budgets (Adopted)SOS -29
Bank Signature Cards GC §60201(d)(12)
21 Financial Management and Administrative Services Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Financial Management and Administrative Services
Record Series / Record Type Retention Citations / Comments
Confidential
Historical TapesVital
Secretary of State
United States Code CD
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
FAD013 CL+4
FAD014 CU+10
FAD015 LO
FAD016 LF V
FAD017 LO V
FAD018 LO V
FAD019 LOJournal Entries CCP §337; SOS C-29
Fixed Asset Records SOS C-29
General Ledger SOS C-29
Investment Records:
Investment Policy, Custodian Bank Transaction Records, Asset Detail, Asset Summary, Yield,
Statements, LAIF Withdrawals/Deposits, Portfolio Withdrawals/Deposits, Stock Certificates, Treasurer’s
Report, GASB 40 Report, GASB 72 Report
CCP §337; GC §53607; SOS C-30
Expense Reports CCP §337; GC §60201(d)(12); SOS A-1
CL is the completion date of the year-end audit
Financial Statements 40 CFR §122.41(j)(2), 40 CFR §403.12(o); SOS C-45
CU = date of record
Financial System:ERP Database (JDE), Access Database, Utility Billing
Data is interrelated across platforms
The Access Database & Utility Billing is iPACS and all of the information used for billing industrial
dischargers. JDE also interfaces with Maximo for warehouse and maintenance.
SOS C-45
22 Financial Management and Administrative Services Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Financial Management and Administrative Services
Record Series / Record Type Retention Citations / Comments
Confidential
Historical TapesVital
Secretary of State
United States Code CD
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
FAD021 CL+7
FAD022 LO
FAD023 T+4 V
FAD024 CU+7
FAD025 CU+10
FAD026 CU+7
FAD027 LO
Rebates and Refunds:Sewer Service Fees
26 CFR §1.6001-1
CU = calendar year
State Controller's Reports SOS C-30
Payroll Records (Generated from Payroll Taxes):
Timesheets; Payroll Registers and Reports; Unemployment Claims; Garnishments; Payment of Labor
Costs Including Salaries, Wages, Compensation, and Deductions For Employees, Board Members, and
Contractors (DE-6 & 941 Forms - Quarterly and Annual Payroll Tax Returns)
Board Compensation Preparation Documents retained in BSD031
CCP §337; 26 CFR §1.6001-1, 29 CFR §516.2, 29
CFR §516.5, 29 CFR §516.5(a)-(b), 29 CFR
§516.6(a)(1); GC §60201(d)(12); SOS C-30; IRS Reg.
§31.6001-1(e)(2); LC §1174(d), LC §1197.5; R&TC
§19530
Petty Cash Records
26 CFR §1.6001-1; CCP §337; GC §60201(d)(12);
SOS A-1
CU = fiscal year
Rate Studies
SOS C-42
Business value for longer retentionCU = fiscal year
OCERS Files:Copies of OCERS Payments, Statements
29 CFR §516.6(a)(1); GC §60201(d)(12)
CL refers to final payment
OCERS Retirement Report 29 CFR §516.6(a)(1); GC §60201(d)(12)
Business value for LO retention
23 Financial Management and Administrative Services Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Financial Management and Administrative Services
Record Series / Record Type Retention Citations / Comments
Confidential
Historical TapesVital
Secretary of State
United States Code CD
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
FAD028 CU+7
FAD029 CU+7
FAD030 CU+7
FAD032 LO
FAD033 CL+2
FAD034 LO
FAD035 LO
Claims Against OC San/OC San Employees (Wrongdoing by OC San/OC San Employees, Project Related Injury), Employment Claims (Wrongful Termination, Harassment, Discrimination), Loss Run Reports
GC §60201(d)(4)Incorporates 2018 BSD022 & 2018 RMS031
OC San Insurance Policies:Records Related to Owner Controlled Insurance Programs and Insurance Policies Purchased by OC San, Including Policies and Amendments SOS C-24
W-2's - Employees & Retirees 26 CFR 31.6001.1-1; 29 CFR 516.5-6; SOS C-30; 29
USC 436
Tax Records (Generated From Accounts Payable & Vendor Files):Vendor
SOS C-29
CU = calendar year
Trial Balance Records SOS C-29
CU = fiscal year
Redevelopment Agency (RDA) Records:
Records Regarding Member Agency RDA Required Payment to OC San SOS C-29
Tax Records - Employees & Retirees:1099-R, Annual Information Returns for Employees and Retirees
26 CFR §31.600-1(d), 26 CFR §31.605-1, 29 CFR
§516.5 - 516.6; GC §60201(d)(12); SOS C-30, SOS C-
29; USC §436; IRS Reg. §31.6001-1(e)(2); R&TC
§19530
CU = calendar year
24 Financial Management and Administrative Services Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
GMO001 LO H
GMO007 CU+2
GMO009 CU+2
GMO016 CU+7
Executive Management Team (EMT) Meeting Files:
Agenda, Agenda Report, Handouts
SOS A-2
CU = calendar year
Travel Records SOS C-19
CU = calendar year
General Manager's Office
Record Series / Record Type Retention Citations / Comments
Annual OC San Reports:
OC San Strategic Plan
SOS C-26
Business value in longer retention
GM Monthly Reports
LO in BSD002 as part of Board agenda packet distribution/retention
SOS C-19
CU = calendar year
Confidential
Historical Tapes
Vital
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
25 General Manager's Office Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
HRD001 LO
HRD002 CL+7
HRD003 LO
HRD004 LO V
HRD005 CL+3
HRD006 LO
Employee & Labor Relations Files:
Memorandums of Understanding (MOU), Arbitration, Grievances, Union Requests, Employee Rights,
Appeals, Investigations, Performance Improvement Plans (PIP), Disciplinary Actions and Complaints,
Sexual Harassment, Civil Rights
29 CFR §516.5, 29 CFR §1602.31, 29 CFR
§1627.3(b)(1)(ii); GC §12946
Deferred Compensation Records:
Participation Agreements 26 CFR §16001-1, 29 CFR §1627.3; SOS C-30
District Benefit Contracts:Health, Dental, Vision, Other Benefit Contracts 28 CCR §1300.85.1; 29 CFR §1627.3(b)(2); 29 USC §1027
General EEO-4 Reports and Files:
Documents Required to Generate EEO-4 Report
29 CFR §1602.30, 29 CFR §1602.31, 29 CFR
§1602.32
Temporary Employees:Hiring Documents, Tracking Spreadsheet, Request Forms CCP §336(a); 29 CFR §1627.3; SOS C-21
Human Resources
Record Series / Record Type Retention Citations / Comments
Classification & Compensation:Class & Comp Studies, Class Specifications, Salary Surveys, Salary Schedules, Pay Types, Reclass Requests, Desk Audits C-21
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
26 Human Resources Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Confidential
Historical TapesVital
Human Resources
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
HRD007 T+7 V
HRD009 LO
HRD010 T+3
HRD011 T+30
HRD012 S+2
HRD013 T+7 V until separation
Personnel Files:Includes Application, Awards, Disciplinary Actions, Certifications, Commendations, Employment Verifications, (pre-2011) Evaluations, Licenses, Status Change Forms, Policy Acknowledgements, Waiver of Responsibility for Voluntary Activities, Training Records, Pay Docs, Emergency Contacts, Change of Address, Outside Employment, Development Pay Forms, Computer Loan Forms, Tuition Reimbursement Info, Specific Rideshare Info, Loyalty Oath, ResignationExcludes Medical Records which are retained in HRD011
8 CCR §3204(d)(1); 29 CFR §1602.31, 29 CFR
§1627.3; GC §§12946
Employee I-9 Forms & EEOC Data Collection Forms 8 USC §1324a(b)(3)(B); SOS C-20
Medical Files:
Fitness for Duty, Leaves of Absence, Interactive Process
Medical Files are excluded from Personnel Files which are retained in HRD013
Workers Comp records are retained in HRD024
8 CCR §3204(d)(1); 29 CFR 1910.1020
HRD011 applies to all employees/former employees
Organization Charts SOS C-19
Employee Benefit Plans and Programs:
Health Insurance, Supplemental Life Insurance, Beneficiary Designations, Records, Repayment
Agreements, Eligibility Changes, Development Pay, Rideshare
29 CFR §1602.30, 29 CFR §1602.32, 29 CFR §1627.3(b)(2); GC §12946, GC §60201(d)(12); LC§1197.5HRD007 applies to all employees/former employees
Human Resources/ERP Database:Electronic Records Management - JDE, Cornerstone, Workterra (Data Shared Across These Systems/Feed Into Each Other)
27 Human Resources Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Confidential
Historical TapesVital
Human Resources
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
HRD014 CL+4
HRD015 T+7
HRD016 T+7
HRD017 CL+3 EL
HRD018 EX+5
HRD019 LO H ELOC San U (Formerly Known as BLAST & OCSD U) Development Records:
Research Material, Timeline SOS C-28
Background Checks:Candidate Background Checks SOS C-21
Human Resources Programs:Rideshare, Tuition Reimbursement, Computer Loan, Development PayProgram Details, E-forms, Payment Schedules/Tracking Spreadsheets General Program Information Only; Employee Specific Information is Retained in Personnel Files (HRD013)
SOS C-20
District Benefit Plans:Benefits Summary Plan Descriptions (Health, Dental, Vision, Other)SOS C-21
Recruitment Records:Includes Applications, Resumes, Certifications, and Other Recruitment Related Documents; Advertisements; Job Brochures; Test Data; Rating Sheets; Questions; Eligibility Lists; Electronic/NEOGOV Records
29 CFR §1602 et seq., 29 CFR §1607.29, 29 CFR §1627.3; GC §6250 et seq., GC §12946
CL = job advertisement close date
Training Program Records:Class Attendance Sheets, Schedules, Classes Offered, Curriculum or Syllabus, Training Materials Development (Data Shared Across These Systems/Feed Into Each Other)
40 CFR §122.41(j)(2), 40 CFR §403.12(o); SOS C-45
CU = date of record
28 Human Resources Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Confidential
Historical TapesVital
Human Resources
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
HRD020 S+2 EL
HRD021 NN EL
HRD022 S+2 EL
HRD023 S EL
HRD024 CL+5 EL
HRD025 CL+2 EL, P
Documentation Received/Requests/Correspondence for HR-Non Litigation RelatedExample: Divorce RelatedRecords released in response to subpoena requests are in other various entries
Litigation related documents are retained in BSD015
OC San U (Formerly Known as BLAST & OCSD U) Program Files:
Minutes, Marketing Material, Program/Training Evaluations, Quarterly Reports SOS C-19
OC San U (Formerly Known as BLAST & OCSD U) Working Documents:Member Rosters - Active & Inactive
Workers Compensation Files, Including Claims & Loss Run Reports 8 CCR §15400.2; 29 CFR 1910.20; SOS C-24
Incorporates 2018 BSD022 & 2018 RMS011
OC San U (Formerly Known as BLAST & OCSD U) Procedures SOS C-23
OC San U (Formerly Known as BLAST & OCSD U) Professional Development Articles From External Sources
29 Human Resources Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
ITD001 T+3
ITD003 S+2 V
ITD004 S
ITD005 CU+2
ITD006 CL+3
ITD007 S
ITD008 S+2
Network Diagrams/System Configurations/Maps/Plans SOS C-22
IT Asset Inventory Database:
IT Assets, Printers, Hardware, SCCM, Server Lists, Asset Explorer SOS C-22
GIS (Geographic Information System) Database:
LayersData is interrelated across platforms SOS C-22
Information/Activity Logs:
Internet, Phone, Badge, Visitors
SOS C-22
CU = current date
IT Help Desk System:
Service Tickets, Change Requests and Releases SOS C-22
System and Software Documentation:Network Design, Instruction, Licenses, License Codes, Agreements, Systems List, Permission to Directories, SharePoint Lists, Hardware and Software Documentation, Source Code, IT Manuals
SOS C-22
Incorporates 2015 ITD009, 2015 ITD010, 2015
ITD011, 2015 ITD012
Confidential
Historical Tapes
Vital
Information Technology
Record Series / Record Type Retention Citations / Comments
Access Authorization Forms:
Email Access Requests, Internet Access Requests, Mobile Devices Access
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
30 Information Technology Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
Confidential
Historical Tapes
Vital
Information Technology
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
ITD013 S+2
ITD015 CU+1
ITD016 EX+2
ITD018 NN
Video Surveillance Files and System Security Database
GC §53160, GC §53161Recordings of routine video surveillance must be
retained for at least one (1) year. Recordings of
telephone and radio communications must be
retained for at least 100 days. In the event that the recordings are evidence in any claim filed or any
pending litigation, they shall be preserved until
pending litigation is resolved. Notwithstanding the
foregoing, if written minutes or an audio recording of the video surveillance is taken, the video
surveillance can be destroyed after 90 days. The
written minutes and audio recording can be
destroyed after two (2) years.
Incorporates 2015 ITD014, 2015 ITD017
CU = one year from current date
Two-Way Radio Licensing and Information:Walkie Talkies (Industry Term is HT or Handy Talkies), Vehicle Mounted Two-Way Radios, Base Station
Radios in Plant No. 1 Control Center & Plant No. 2 Operations Center, and Radio Repeaters
Records of Services (Kept in Request to Purchase IT List), FCC License
47 CFR §951701 et seq.
Virtual Computer Files:
Replication for Disaster Recovery Purposes SOS C-22
System Log (Database):
Transaction Logs, Error Logs SOS C-22
31 Information Technology Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
Confidential
Historical Tapes
Vital
Information Technology
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
ITD023 CU+3
ITD024 S V EL, P
ITD025 CU+100 Days
DigSmart/DigAlert Database/Tickets (Formerly Known as USA Tickets)Business value in retention
Was 2015 ENG021
CU = current date
Tunnel Cross-Section, Vault Detail, Piping & Instrumentation Diagrams (P&IDs), Single Line Diagrams (SLDs), Instrument Loop Diagrams (ILDs)
SOS C-26, SOS C-44
Tunnel Cross-Section & Vault Detail records are
stored in Facility Records (Engineering) and
managed by ITIncorporates 2018 ENG021, 2015 ENG008
Routine Recordings of Telephone Communications, Including Voicemail Recordings
40 CFR §122.41(j)(2), 40 CFR §403.12(o); SOS C-45
CU = date of record
32 Information Technology Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
OMD001 CU+3
OMD002 CU+2 EL
OMD004 LO
OMD005 LO
OMD006 CU+3
OMD007 CU+2 EL
OMD008 S+5 EL
Monthly Reports:Operating and Status Reports, Key Performance Indicator Reports (Generated by 810)
SOS C-19
CU = calendar year
O&M Policies & Procedures:Guidelines, Checklists, Standard Operating Procedures SOS C-19
Flow Records (OPERATIONS)40 CFR §122.41(j)(2)
Logs (OPERATIONS):Control Center Plant Operations
40 CFR §122.41(j)(2); business value in LO retention;
no additional, specific citations
CU = calendar year
Logs (OPERATIONS):
Operations Monthly Logs, Inspector Diaries, Control Center Visitor Logs
40 CFR §122.41(j)(2)
CU = calendar year
Complaint Files and Problem Reports (OPERATIONS):Related to Organization's Operations - Odor, Noise, Call Center Complaints
SOS C-42
Incorporates 2018 ESD005
CU = calendar year
Confidential
Historical TapesVital
Operations & Maintenance
Record Series / Record Type Retention Citations / Comments
Chemical Inventory Records (OPERATIONS):Delivery, Transfer, Usage, Manifest Worksheet, Inventory Logs
49 CFR §172.201; SOS C-33
CU = calendar year
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
33 Operations and Maintenance Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Confidential
Historical TapesVital
Operations & Maintenance
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
OMD009 CU+2 EL, P
OMD010 CU+5 EL, P
OMD011 LO EL
OMD014 OB+7 P
OMD015 LF+2 EL, P
OMD016 OB+7 P
OMD022 LOCollection System Process Data (COLLECTIONS):Pump Station, Control System Historical Data SOS C-45
Facility Maintenance & Repair (MAINTENANCE):
LOTO Audits, Assessment & Testing Results - Data, Corrective & Preventative Maintenance Records
(Job Plans, Work Orders)
SOS C-42
Fixed or Stationary
Some of these records are key records to be retained for ESD002, please forward to ES if storage
becomes burdensome
GC §34090
Logs are used as part of AQMD Title V permitting,
which is addressed in ESD002. OMD016 needs to
match ESD002 for retention.
Operating Records (OPERATIONS):
& Screening Tickets (P), Drying Bed Authorization Form
40 CFR §122.41(j)(2)
CU = calendar year
Process Data (OPERATIONS):
Monthly Summary of Operations (MSOs) [EL], Treatment Plant Operational Data (TPODs) [EL]40 CFR §122.41(j)(2)
AQMD:1-Cengen Emissions Reports, 2-AQMD Round Sheets, 3-Flare Reports
Some of these records are key records to be retained for ESD002, please forward to ES if storage
becomes burdensome
CCP §338(k); SOS C-27
Cengen Emissions Reports are used as part of Title V
permitting, which is addressed in ESD002. OMD014
needs to match ESD002 for retention as these provide
adherence to existing AQMD permit conditions.
Operating Journals (OPERATIONS):Alarm Summary (EL), Operations Round Sheets (EL, P), Midnight Readings (EL)
40 CFR §122.41(j)(2)
CU = calendar year
34 Operations and Maintenance Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Confidential
Historical TapesVital
Operations & Maintenance
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
OMD023 CU+10
OMD024 CU+10
Inspection Reports & Photos (COLLECTIONS):Manhole
SOS C-45
CU = calendar year
Sewer Line Maintenance Files (COLLECTIONS)
40 CFR Sec. 122.41(j)(2); 40 CFR Sec. 403.12(o);
SOS C-45
CU = calendar year
35 Operations and Maintenance Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
PAO001 S+2
PAO002 S+5
PAO003 S+7
PAO006 LO H
PAO007 S+2
PAO008 S+2
PAO009 LO H
Website Content Archiving
PageFreezer provides services; Board Services manages SOS C-22
Employee Events:
Agency Awards, Recognitions, Announcements
Legal advice is S+2; however, based on business
needs, preferred retention is LO
Marketing Material:Flyers, General Brochure, Marketing Brochures, Newsletters, Email Blasts, Marketing Related Presentations/PowerPoints SOS C-19
Press/Media Releases
SOS C-40
SOS allows S+2; however, based on business
needs, preferred retention is LO
Publication Proofs (Ad in Adjudicated/Circulated Newspaper) (Non-Board and/or CPM Related):
General Marketing SOS C-24
Outreach/Event File:Tour Documentation, RSVP's, Sign-in Sheets, Other Related Information, Volunteer Incentive Program (VIP) Points Tracking & Related Backup SOS C-24
Public Affairs
Record Series / Record Type Retention Citations / Comments
Education Curriculum:
Sewer Science, Water Festival, Other SOS C-24
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
36 Public Affairs Adopted: 03/25/2026
CCP CL
CCR CU
CFR EX
GC LF
IRS NN
LC OB
PC S
PRC T
OMB
R&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless
Specified)
Special Storage
Consideration
Media Type
Confidential
Historical Tapes
Vital
Public Affairs
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in
compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and
duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
Record Management that a record is a duplicate or copy, OC San may destroy the duplicate record if the original or a permanent photographic record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for
destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
PAO010 LO
PAO011 S+2
PAO012 LO H
Social Media Archiving:
Facebook, Twitter, YouTube, InstagramPageFreezer provides services; Board Services manages SOS C-22
Annual Reports:
OC San Annual Report, Public Affairs Strategic Plan, Legislative PlanAll items taken to the Board for approval (annually, every two years)SOS C-19
Legislative Files:
Letters of Support, Opposition
SOS C-28
Legal advice is S+2; however, based on business
needs, preferred retention is LO
37 Public Affairs Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
RMS002 CU+5 C
RMS003 CU+2
RMS004 CU+3
RMS006 LO
RMS007 T+30 C
RMS008 CU+5
OSHA Compliance Records:
Citations, Appeals Related, Correspondence
OSHA 300 & 301 Logs retained in RMS012
8 CCR §332.4; 8 CCR §14300.33(a); LC §6429cCU = calendar year
Emergency Response:
Response & Disaster Recovery Files, Emergency Operations Center Activiation Notifications & Records
2 CFR §200.334Incorporates 2015 RMS005CU = calendar year
Industrial Hygiene & Safety: Hazard Assessments, Inspections, Site Characterization Reports, Exposure Monitoring Reports, Noise Assessments, Surveys, Audits, Indoor Air Quality, Mold, Asbestos/Lead Surveys, Abatement Reports
8 CCR §1529(n)6, 8 CCR §3204(d)(1)(B)
Incorporating 2018 RMS030 into RMS006 as
Retention Length requested to change from T+30 to
LO based on business needs. Incorporating 2015
RMS015 & 2018 RMS030.
Occupational Medical Files:Medical Evaluations, Audiometric Test Reports, Pulmonary Function Tests, Respiratory Medical Clearance 8 CCR §3204
Emergency Exercises:Planning Documents, Meeting Minutes, After Action Reports 8 CCR §3220; California Fire Code 405.5
CU = calendar year
Confidential
Historical TapesVital
Risk Management and Safety
Record Series / Record Type Retention Citations / Comments
DOT Random Drug & Alcohol Test Records 49 CFR §199.117
CU = calendar year
Special Storage Consideration
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
38 Risk Management and Safety Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Confidential
Historical TapesVital
Risk Management and Safety
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
RMS010 CU+4
RMS012 CU+5
RMS014 CU+5
RMS016 CU+4
RMS017 CU+4
RMS018 CU+4Confined Space Records:Air Log, Entry Permits, Entry Procedure, Job Hazard Analysis (JHA)
8 CCR §5157Retention aligns with VPPIncorporates 2018 OMD003
CU = calendar year
Accident/Incident Records:
Including Near Misses, Observation Reports, Security Reports, Vehicle Accidents
8 CCR §14300.33(a)
CU = calendar year
Hazardous Materials Records:Business Plans, Hazardous Materials Inventory, Disclosures 19 CCR Division 5, Chapter 1 §§5030.1-5030.11CU = calendar year
Calibration Records:
Atmopheric Monitors, Geiger Meters, Noise Instruments, Sampling Pumps
8 CCR §5157(e)(6)
CU = calendar year
Safety Committee:Action Items, Agendas, Annual Reports, Meeting Minutes
Retention aligns with Voluntary Protection
Program (VPP)CU = calendar year
Cal OSHA Logs & Summaries (300/300A); Cal OSHA 301 Incident Reports 8 CCR §14300.33(a); LC §6429c
CU = calendar year
39 Risk Management and Safety Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Confidential
Historical TapesVital
Risk Management and Safety
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
RMS019 CU+4
RMS020 LO
RMS021 LO
RMS022 S
RMS024 CU+7
RMS025 LO
RMS026 CU+3
Training Database (Cornerstone)Although corresponding records also stored in Cornerstone are retained according to other specific entries, the database doesn't have delete capability
Radioactive Devices:Disposal Records, Licenses, Wipe Tests
17 CCR §30192.1, 17 CCR §30293
CU = calendar year
Safety Data Sheets (SDS)8 CCR §3204(d)(B)(2), 8 CCR §5194
Respiratory Protection:
Fit Test Records
8 CCR §5144(m)
Medical Evaluations retained in RMS007
Training Records - Safety:Rosters, Syllabus, Schedule, Curriculum Material Only SOS C-21CU = calendar year
Hazardous Waste Records:
Waste Manifests, Other Determinations
22 CCR §66262.40(a), 22 CCR §66264.71(b)(6)CU = calendar year
HazMat Permits, Environmental Health Permits:Bulk Chemicals, Fire, Battery Storage
40 CFR §122.41(j)(2), 40 CFR §403.12(o); SOS C-45
CU = date of record
40 Risk Management and Safety Adopted: 03/25/2026
CCP CLCCRCUCFREX
GC LF
IRS NN
LC OB
PC S
PRC T
OMBR&TC
SOS
EL Electronic
Floppy Disk
C P Paper
H TA
V
Retention Number
Retention Length
(Years Unless Specified)
Special Storage
Consideration
Media Type
Confidential
Historical TapesVital
Risk Management and Safety
Record Series / Record Type Retention Citations / Comments
This Records Retention Schedule (RRS) pertains to any and all Official Records of OC San regardless of Media Type and is adopted in compliance with GC §60201 and additional specific citations as noted.
Public Records Act requests, litigation, audits, claims, and investigations may suspend the stated retention periods and notification of such will be made. As stated in OC San's Records Retention Policy, authorization and proper destruction methods are required prior to destroying all Official Records, regardless of Media Type. When original records have reached their retention length, all copies and duplicates must be destroyed, along with the original, regardless of Media Type.
Copies/duplicate records shall be determined as "duplicate" or "copy" in conjunction with Records Management. Upon determination by
record exists is in OC San's files (GC §60200).
Notes, preliminary drafts, and transitory records are not considered Official Records and may be destroyed without complying with OC San's RRS (SOS 2-1030). Such records may be destroyed when no longer needed for OC San business and do not require authorization for destruction.
Official Records cannot be discarded in trash bins. They must be submitted to Records Management for secure destruction.
Media Types
General Retention Schedule Information Health & Safety Code Life of Organization or Permanent
Internal Revenue Service When No Longer Needed
Orange County Sanitation District
Records Retention Schedule
Code of Civil Procedure (CA)Closed or Completed
California Code of Regulations Current Year (Defined Where Used)
Code of Federal Regulations Expired or Expiration
Government Code (California)
RMS027 CU+4
RMS028 CU+4
RMS029 CU+4
RMS032 CU+4
RMS033 S V EL
RMS034 CU+2
Continuity of Operations Plan (COOP); Integrated Emergency Response Plan (IERP)
Vehicle Entry Logs (Security)
Excludes entry for Board/Committee meetings and
issued parking passes. Information entered in logs
includes date, host name, purpose of visit, and vehicle
information. Referred to if there is a security related incident.CU = calendar year
PPE Assessments 8 CCR §3380
CU = calendar year
Lock Out Tag Out Audits (LOTO)
8 CCR §3314(j)
Retention aligns with VPP
CU = calendar year
Vehicle Inspection & Equipment Checks Files:Daily Safety Checks, Pre-Starts, Commercial Vehicle Pre-Starts and Forklift Inspections, Pre-Trip Inspections, CHP Inspections, Daily Vehicle Inspections, Daily Equipment Checks
8 CCR §3650(t)(7); 49 CFR §396.11(c)(2), 49 CFR §396.21(b)(1)
CU = calendar year
Contractor Safety Orientation (formerly Job Site Safety Analysis (JSSA)), Hot Work Permits, Job Safety Analysis (JSA), SAFE Bulletins, SafetyGrams
Retention aligns with VPP
JSSA renamed Contractor Safety Orientation in 2020
CU = calendar year
41 Risk Management and Safety Adopted: 03/25/2026
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS DISPOSITION
Records Disposition 1 Adopted 03/25/2026
1.0 INTRODUCTION
1.1 Records disposition is a specific set of actions taken with regard to inactive records as determined through records appraisal.
1.2 Records disposition includes determining whether OC San records are
eligible for destruction (records have been determined to be retention expired) or for longer-term preservation (records have been determined to be Historical Records or Inactive Records).
2.0 PURPOSE
2.1 The purpose of this procedure is to describe the procedures for dispositioning OC San Retention Expired Records, Inactive Records, and Historical Records in an organized and efficient manner.
2.2 This procedure ensures that appropriate review and approval are completed prior to destruction or longer-term storage of OC San records. 2.3 This procedure ensures that records that have an expired retention, but that
are subject to a Records Hold of any sort (legal, audit, or other), are
maintained until resolution of the matter or conclusion of the reason necessitating the Records Hold. 2.4 This procedure applies to all OC San records regardless of whether or not
the records contain sensitive information (confidential). Should a unique
process for disposition be required for any record, please contact the Clerk of the Board and/or designee and a process will be established that is mutually acceptable for all business purposes.
3.0 PROCEDURES 3.1 Records are periodically reviewed in order to identify those records that have met the required retention periods established in the Records Retention Schedule (RRS).
3.2 The review activity usually groups records into the following frequently used disposition groups:
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS DISPOSITION
Records Disposition 2 Adopted 03/25/2026
3.2.1 Retention Expired Records: Records that have met the required
retention are considered obsolete and are processed for destruction. 3.2.2 Inactive Records: Records that have not met their retention periods but are no longer required to be in the immediate office area are
considered inactive and are processed for offsite storage.
3.2.3 Historical Records: Records that have met their business function retention requirements but have historical or intrinsic value are considered Historical Records and are digitized and processed for
long-term storage.
3.2.4 Active Records: Records that are required for current day-to-day business and are subject to frequent use; generally located near the user (if hard copy); can easily be accessible on a networked server
(if electronic); generally referred to more than once per month. May
also be stored offsite. 4.0 PROCESSING OFFICIAL DISTRICT RECORDS FOR DESTRUCTION
4.1 Destruction of the official version of OC San records requires the approval
of the following, as applicable:
• Submitter
• Department/Division Records Coordinator
• Department/Division Supervisor
• Department/Division Manager
• Department/Division Director
• Clerk of the Board (or designee)
• Legal Counsel 4.2 Procedures to process destruction of expired records are included in the following chart:
Responsibility Action
•
Records Coordinators Active, Inactive, and Historical Records.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS DISPOSITION
Records Disposition 3 Adopted 03/25/2026
Responsibility Action
(may also
•or stored offsite. Review can be done annually at the start of the calendar year based on the call from the Clerk of the Board
and/or designee
Review should be conducted using the appropriate RRS, using
description, Retention Length, etc.). dates using the
(Exhibit A). Cross-reference records with any active Records Holds. The Clerk of the Board and/or designee
Holds.
• Purge the files in accordance with the process outlined below and in Procedure 4.0. Do not purge any documents subject to a Records Hold.
• If there are records identified that
retention periods, that are not subject to a Records Hold, complete a Records Management Disposition Form. The Clerk of the Board and/or designee
documents for digital signatures/approval.
• The Submitter and Records Coordinator are first and second,
respectively, in the approval routing sequence.
•information on the Disposition Form, including confirming the records
Records Holds, etc.).
• If the records identified are not eligible for destruction, advise the Records Coordinator and Submitter and handle according
to the type of record.
• Prepare the Request for Authorization to Destroy Records,
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS DISPOSITION
Records Disposition 4 Adopted 03/25/2026
Responsibility Action
forms approving destruction (in the approval routing sequence after Legal Counsel).
•records by digitally signing/approving the forms.
• If not approved, please contact the Clerk of the Board and/or
designee. The Clerk of the Board and/or designee will
appropriate, to resolve any issues.
Division
•
records by digitally signing/approving the forms.
• If not approved, please contact the Clerk of the Board and/or
designee. The Clerk of the Board and/or designee will
appropriate, to resolve any issues.
•records by digitally signing/approving the forms.
• If not approved, please contact the Clerk of the Board and/or
designee. The Clerk of the Board and/or designee will
•approve or disapprove the request for destruction of records.
• If not approved, please contact the Clerk of the Board and/or
designee. The Clerk of the Board and/or designee will
appropriate, to resolve any issues.
•
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS DISPOSITION
Records Disposition 5 Adopted 03/25/2026
Responsibility Action
•designee will send a copy of the approved forms to the Division Records Coordinator.
& Clerk of and/or
•Coordinator and Clerk of the Board and/or designee will proceed with destruction procedures.
• records will be maintained until
• Coordinate destruction of records. If the records are digital, notify Information Technology (IT) of the necessary destruction or handle in other appropriate manner.
Digital Record Destruction (Exhibit C). The Clerk of the Board and/or designee document. destruction that will protect the confidentiality of the information.
•
•
• Update the Master Records Inventory and GRM database as
5.0 PROCESSING DUPLICATE RECORDS FOR DESTRUCTION 5.1 Duplicate records are documents that are copies of the original or official
version of a record. A duplicate may be a paper version or an electronic
version of the official record. Retention periods of original or official versions of a record do not apply to duplicate files. Duplicate records may be destroyed at any time, upon confirmation that the record is a duplicate.
5.2 Duplicate records should not be transferred or stored offsite.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS DISPOSITION
Records Disposition 6 Adopted 03/25/2026
5.3 Duplicate records are destroyed in the office or work area. To destroy a
duplicate record, please contact the Clerk of the Board and/or designee for determination and confirmation that records are, in fact, duplicate records. 5.4 Formal destruction authorization may be required to destroy duplicate
records.
5.5 If the duplicate records contain confidential information, they should be shredded to protect the confidentiality of the information. If the records are not confidential, they may be recycled or discarded.
6.0 PROCESSING VIDEO SURVEILLANCE FILES FOR DESTRUCTION 6.1 As allowed for in Government Code Section 53160, recordings of routine video monitoring are automatically overwritten after one year, on a daily
basis on any given calendar date plus one year. Further, in the event that
recordings are evidence in any claim filed or any pending litigation or hold, the recordings are preserved until pending litigation is resolved. 6.2 The OC San Board of Directors Resolution adopting the Records
Management Program Procedures & Records Retention Schedule
authorizes OC San to destroy recordings of routine video monitoring after any given calendar date plus one year. 6.3 The IT Division has developed a daily task to perform the overwriting of OC
San’s video recordings. The IT Division is responsible for the management
of this activity. 6.4 Should OC San keep another record, such as written minutes or an audio recording of the event that is recorded in the video medium, the video
recording may be destroyed or erased no less than 90 days after
occurrence of the event recorded. 6.5 By signing the written consent (Exhibit D), OC San’s legal counsel approves of the foregoing destruction practices of video surveillance files and no
further consent by legal counsel is required. Legal Counsel shall update
this written consent should these practices be substantively modified at any time.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS DISPOSITION
Records Disposition 7 Adopted 03/25/2026
7.0 PROCESSING LASERFICHE FILES FOR DESTRUCTION
7.1 The destruction of files from Laserfiche follows a similar process to Section 4.0 above, Processing Official District Records for Destruction.
7.2 Destruction of the official version of OC San records from Laserfiche
requires the approval of the following, as applicable:
• Submitter
• Department/Division Records Coordinator
• Department/Division Supervisor
• Department/Division Manager
• Department/Division Director
• Clerk of the Board (or designee)
• Legal Counsel
7.3 Procedures to process destruction of expired records in Laserfiche are included in the following chart:
Responsibility Action
•
records maintained in destruction.
developed in Laserfiche using the RRS.
• Hard copy records that might correlate to the identified records for destruction will be processed for destruction concurrent with
the process below. The process outlined in Section 4.0 above
applies.
• Review should be conducted using the appropriate RRS, using
Cross-reference records with any active Records Holds.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS DISPOSITION
Records Disposition 8 Adopted 03/25/2026
Responsibility Action
any questions pertaining to Records Holds.
• Purge the files in accordance with the process outlined below
and in Procedure 4.0. Do not purge any documents subject to a Records Hold.
•
retention periods, that complete a Records Management Disposition Form. The Clerk of the Board and/Authorization to Destroy Records and route the documents for digital signatures/approval.
• The Submitter and Records Coordinator are first and second, respectively, in the approval routing sequence.
•
Records Holds, etc.).
• If the records identified are not eligible for destruction, advise the Records Coordinator and Submitter and handle according to the type of record.
• ensuring the appropriate RRS is included in the information that
forms approving destruction (in the approval routing sequence
after Legal Counsel).
•
records by digitally signing/approving the forms.
• If not approved, please contact the Clerk of the Board and/or
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS DISPOSITION
Records Disposition 9 Adopted 03/25/2026
Responsibility Action
appropriate, to resolve any issues.
•
records by digitally signing/approving the forms.
• If not approved, please contact the Clerk of the Board and/or designee. The Clerk of the Board and/or designee will
appropriate, to resolve any issues.
•
records by digitally signing/approving the forms.
• If not approved, please contact the Clerk of the Board and/or
designee. The Clerk of the Board and/or designee will
•
or disapprove the request for destruction of records.
• If not approved, please contact the Clerk of the Board and/or designee. The Clerk of the Board and/or designee will
appropriate, to resolve any issues.
•
signing/approving the forms.
•designee will send a copy of the approved forms to the Division
Records Coordinator.
and/or
• Upon approval of the destruction request, the Records Coordinator and Clerk of the Board and/or designee will
proceed with destruction procedures.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS DISPOSITION
Records Disposition 10 Adopted 03/25/2026
Responsibility Action
•
• Coordinate destruction of records. As these records are digital and in Laserfiche, only specific users with delete permissions in Laserfiche can delete the records from the active repository. If
protect the confidentiality of the information.
repository.
• Records will remain in the authorized user’s Laserfiche Recycle
Bin for 90 days upon deletion from the active repository. The
days.
• If the user restores a record from the recycle bin to the active repository that has been identified on the disposition form and authorized for destruction, the user is
to notify Records Management as soon as possible.
• Using the Laserfiche Global Recycle Bin, the Clerk of the Board and/or designee will review the user’s Laserfiche Recycle Bin
destruction.
• The authorized user who destroys electronic files in Laserfiche
Destruction. The Clerk of the Board and/or designee will
coordinate the completion of this document.
• The Clerk of the Board and/or designee will review the Global
Recycle Bin at 91 days to ensure the records are no longer in the Global Recycle Bin.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS DISPOSITION
Records Disposition 11 Adopted 03/25/2026
Responsibility Action
•service account will delete the files from OC San's Laserfiche server.
• The Assureon File Sync process will notice the deleted files and will verify authenticity of the deletion via two methods: Verify
(lf.exe) and v
Laserfiche service account.
• Trusted System cloud and will permanently delete the records
after a holding period of seven (7) days.
• The Clerk of the Board and/or designee
Certificate of Destruction in the appropriate files and update the
Procedure 5.0
Records Management Disposition Form
Exhibit A
Date:12/30/2021
Division Number Media Format(select all that apply)RecordType Record Description FromYear ToYear
User Box
Number(optional)Submitted By Disposition
Special Storage
Consideration(select all that apply)GRM Barcode Retention Number Retention Length Year Trigger Month Eligible for Destruction
Select Record Type Select Record Type 0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
0 Not Applicable, Life
Records Management Disposition Form
Districtwide
Please send completed form to: recordsmanagement@ocsan.gov These fields are for reference only and will autopopulate and/orbe entered by Records Management
Returnto User Guide
Procedure 5.0
Request for Authorization to Destroy Records Form
Exhibit B
1. Identify records that are eligible for destruction.
2. Complete a Disposition Form indicating which records are requested for destruction.
3. Email the completed Disposition Form to Records Management.
5. Records Management will obtain all required approvals & finalize request for destruction. Records Coordinators will receive a copy for reference.
Please contact Tina Knapp at ext. 7190 for questions/assistance or you may send an email to RecordsManagement@ocsan.gov.
Division Total Number of Boxes for
Name (Print)Signature Date
Name (Print)Signature Date
Name (Print)Signature Date
Name (Print)Signature Date
Name (Print)Signature Date
Name (Print)Signature Date
Name (Print)Signature Date
I certify that the OFFICIAL RECORDS AND COPIES identified on the corresponding Disposition Form are past the retention period specified by OC
San’s Records Retention Schedule and that all audit,business,and administrative requirements have been satisfied.Further,I certify that no HOLD hasbeenplacedontheseOFFICIALRECORDSANDCOPIESduetoanylitigation,claim,negotiation,audit,or public records request and all legal,
business,and administrative requirements have been satisfied.I certify that all information on this form is accurate and true to my knowledge byproviding my signature.
Records CoordinatorName & Signature:
Name & Signature:
Request for Authorization to Destroy Records
Complete this section for authorization to destroy records
Required Approval
Name & Signature:
(If different from Records Coordinator)
Name & Signature:
Name & Signature:
Page 1
Procedure 5.0
Certificate of Digital Record Destruction
Exhibit C
Certificate of Digital Record Destruction
THIS IS TO CERTIFY THAT THE DIGITAL RECORDS IDENTIFIED IN THE ATTACHED DOCUMENTATION*
HAVE BEEN COMPLETELY DESTROYED BY THE UNDERSIGNED IN ACCORDANCE WITH THE RECORDS MANAGEMENT PROGRAM ADOPTED BY THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT
DIVISION NUMBER: ___________________
RECORDS DESTROYED FROM THE FOLLOWING LOCATIONS
(LIST BELOW, FOR EXAMPLE: SHAREPOINT, H DRIVE):
SIGNATURE:
PRINT NAME:
DATE OF DESTRUCTION:
*Disposition form and authorized destruction approval form must be attached
Procedure 5.0
Legal Counsel Written Consent Authorizing the
Destruction of Video Surveillance Files
Exhibit D
Legal Counsel Written Consent
Authorizing the Destruction of Video Surveillance Files
This written consent serves as authorization by Orange County Sanitation District’s legal counsel to
perform destruction of video surveillance recordings as detailed in OC San Records Management
Program Procedure 5.0 and adopted by the OC San Board of Directors by Resolution, and attached
hereto.
______________________________
Scott Smith
General Counsel
______________________________
Date
Orange County Sanitation District
RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 6.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Vital Records 1 Adopted 03/25/2026
1.0 INTRODUCTION 1.1 Vital records are those documents that contain information that enables the
Orange County Sanitation District (OC San) to continue vital and critical
operations in the event of a major interruption to business. 1.2 Such interruptions could be natural disasters (for example, earthquake, pandemic, sudden and severe energy shortage, or flood) or man-made
disasters (for example, accidental fire, cyberterrorism, arson, or civil unrest)
which result in the loss of the normal means of access to vital records. 1.3 In most organizations, vital records comprise between two and five percent of the total record volume. Vital records are identified with a “V” on the OC
San Records Retention Schedule (RRS).
2.0 PURPOSE 2.1 The purpose of vital records management is to ensure that vital records are
identified, protected, and accessible during or shortly following a disaster or
major interruption to business. 3.0 SCOPE
3.1 Vital records are either irreplaceable or very difficult to replace.
3.2 Absence of vital records, or the inability to locate or translate vital records (in the case of machine-readable or digital records), means that OC San may not be able to provide critical services to the public and its employees
during a disaster or shortly thereafter.
3.3 Vital records are maintained and protected in the format that is most appropriate for efficient retrieval (paper, digital, BOLDplanning, etc.).
3.4 Vital records include records that enable OC San to:
3.4.1 Provide required OC San safety and health services during and immediately following a disaster or other major interruption to business.
Orange County Sanitation District
RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 6.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Vital Records 2 Adopted 03/25/2026
3.4.2 Meet the obligations to OC San employees and retirees. 3.4.3 Reconstruct legal obligations and rights.
3.4.4 Establish the financial position of OC San. 3.4.5 Reconstruct OC San’s assets and ownership. 4.0 PROCEDURES Responsibility ________Action__________________________________
and/or designee
Develop procedures for protecting vital records, either
digitization and/or storing them onsite in fire-resistive Identify viable onsite or remote storage sites for records protection.
Coordinate vital records protection procedures with OC San’s Integrated Emergency Response Plan. Develop procedures for retrieving vital records within the
identified time requirements following a disaster.
Coordinate, identify, and develop agreements with vendors to provide records retrieval or recovery services required following a disaster.
Work with the Information Technology Division (IT) and Risk Management (Risk) Managers to ensure that the management of vital records meets OC San’s needs.
Risk & IT Managers Review the vital records procedures to ensure that OC San’s
interests are protected and to ensure minimum exposure to risk in the event of a disaster. Department/Division
Records Coordinator
Identify vital records based on an evaluation of
Department/Division business functions.
Orange County Sanitation District
RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 6.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Vital Records 3 Adopted 03/25/2026
stored both onsite and offsite.
Routinely copy and forward vital records to onsite or offsite
5.0 VITAL RECORDS CATEGORIES 5.1 The following is a list of records that are usually considered vital. This is not a complete list of vital records. If the Record Series/Record Type is indicated in the RRS, the Record Series/Record Type is identified as vital
in the RRS. Financial Accounts Receivable Fixed Asset Records
General Ledger
Loan Payments Bank Statements Stock Certificates Payroll Tax Returns
Negotiable Instruments OC San Benefit Contracts Bonds Employee Benefits Plans and Programs
Notes
Payroll Ownership Capital Investments
Titles
Orange County Sanitation District
RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 6.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Vital Records 4 Adopted 03/25/2026
OC San Administration Board Meeting Minutes Continuity of Operations Plan (COOP)
Delegation of Authority
Formation Files & Annexation Files Grant Deeds Ordinances Property & Other Lease Agreements
Resolutions
Significant Agreements Significant Capital Improvements/Construction Contracts and Other Insurance
Certificates of Insurance
Engineering Drawings Specification Conformed
Information Technology System and Software Documentation (Licenses, Source Code, Manuals (if created by OC San))
6.0 VITAL RECORDS FORMAT 6.1 Select the format for protecting and maintaining vital records that ensures accessibility and usability during a disaster or emergency response:
6.1.1 Source document (original or designated official version, regardless
of format). 6.1.2 Distributed copy (copy of record that is routinely distributed).
6.1.3 Reproduced copy (hard copy of record that is copied for OC San
needs). 6.1.4 Scan (scanned version of vital records).
6.1.5 Magnetic Tape (digital version of vital record).
Orange County Sanitation District
RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 6.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Vital Records 5 Adopted 03/25/2026
6.2 Select Vital Records Protection Methods 6.2.1 Select the method most appropriate to protect the vital record.
6.2.2 Verify existing dispersal (locations) of record and ensure that vital records are available in multiple, geographically separate locations as part of normal business activities.
6.2.3 Improve dispersal by initiating distribution of copies of vital records
to a secure location at the time of document creation. 6.2.4 Duplicate records by reproducing copies of vital records in a medium appropriate to efficient storage and use and send to a secure
location.
6.2.5 Move electronic vital records to Electronic Content Management System (Laserfiche).
6.2.6 Move hard copy vital records from active use areas once digitized
and when no longer needed for active reference and send to a secure location. 6.2.7 Store vital records onsite in a secure location, such as the vault, that
meets National Fire Protection Association (NFPA) standards for fire
resistance. 6.3 Select Vital Records Update Frequency
6.3.1 Determine how often it is necessary to update vital records to ensure
that the information is current.
Orange County Sanitation District
RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
SUBJECT: HISTORICAL RECORDS
Historical Records 1 Adopted 03/25/2026
1.0 INTRODUCTION 1.1 It is the policy of the Orange County Sanitation District (OC San) to identify and preserve records that have historical significance for OC San.
2.0 PURPOSE 2.1 The purpose of this procedure is to ensure that all OC San records are reviewed for historical value prior to destruction through the application of well-accepted appraisal criteria.
2.2 Historical Records are processed according to standard archival practices to ensure their preservation. 3.0 RESPONSIBILITY
3.1 The identification and review of Historical Records is administered under the authority of OC San’s Records Management Program. 3.2 Both the Office of Record and OC San’s Clerk of the Board and/or designee
have a direct role in identifying Historical Records. 4.0 OBJECTIVES 4.1 The objectives are:
4.1.1 Identify OC San records of historical value. 4.1.2 Process OC San records of historical value in a manner that will ensure that they are properly preserved.
4.1.3 To facilitate access to Historical Records by OC San and outside parties, OC San’s Historical Records are identified as such on the Records Retention Schedule (RRS).
4.1.4 Promote the use of OC San’s historical records in areas such as
agency planning, management, development, public relations, and litigation support.
Orange County Sanitation District
RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
SUBJECT: HISTORICAL RECORDS
Historical Records 2 Adopted 03/25/2026
5.0 SCOPE 5.1 The scope includes the identification of records designated as historical on the RRS, the application of standard appraisal criteria at the end of the official retention period, and the processing and arrangement of historical
records. 6.0 PROCEDURE 6.1 The procedure applies to all OC San and contract staff who create, receive,
or maintain OC San records. 6.2 Select the method most appropriate to protect the historical record. Select Historical Records Protection Methods:
6.2.1 Processing and arrangement for paper records includes: 6.2.1.1 Removal of hardware (staples, brads, and other fasteners).
6.2.1.2 Placing documents in acid free folders and boxes that meet the standards for archival preservation. 6.2.1.3 Preparation of inventories and finding guides to the Historical Records.
6.2.1.4 Move hard copy historical records from active use areas once digitized and when no longer needed for active reference and send to a secure location appropriate for the retention of historical records (may
involve temperature controlled environments, including humidity). 6.2.2 Move electronic historical records to Electronic Content Management System (Laserfiche).
Orange County Sanitation District RECORDS MANAGEMENT
PROCEDURE MANUAL
SUBJECT: RECORDS MANAGEMENT PROGRAM AUDIT AND COMPLIANCE REVIEW
Audit & Compliance Review 1 Adopted 03/25/2026
1.0 INTRODUCTION 1.1 The Records Management Program Compliance Audit reviews and monitors compliance with the Orange County Sanitation District’s (OC San)
Records Management Program (the Program).
1.2 Periodically, the Clerk of the Board and/or designee conducts a compliance audit with several Departments/Divisions.
1.3 All Departments/Divisions should complete the audit process every two
years. 2.0 PURPOSE
2.1 The purpose of the Program Compliance Audit is to ensure that all OC San
records are created, received, maintained, and disposed of in accordance with the Board of Directors approved Records Management Policy and Procedure.
3.0 PROGRAM PROCEDURES
Clerk of the Board
and/or designee
Review how Department/Division records are kept, where
they are located, in what format (hard copy or electronic),
security (who has access).
destroyed by the Department/Division. Note any recor
beyond the approved destruction date.
Schedule and records disposition, with staff.
Orange County Sanitation District RECORDS MANAGEMENT
PROCEDURE MANUAL
SUBJECT: RECORDS MANAGEMENT PROGRAM AUDIT AND COMPLIANCE REVIEW
Audit & Compliance Review 2 Adopted 03/25/2026
Division Manager and Department Head.
Department/Division Records Coordinator
Assist the Clerk of the Board and/or designee in conducting the records compliance review Departments/Divisions.
Respond to the summary audit report findings by identifying
which corrective actions are planned or have been completed.
Department/
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS HOLD AND RELEASE
Records Hold and Release 1 Adopted 03/25/2026
1.0 INTRODUCTION 1.1 At any time during the life of a record, Record Series, or types of records,
there may be circumstances that require the “holding” or suspension of destruction of certain Record Series or types of records due to reasons specified by Legal Counsel, auditors, or Department/Division management. 1.2 Destruction suspension is a hold placed on the scheduled destruction of
records that may be relevant to foreseeable or pending litigation, governmental investigation, audit, special organizational requirements, or other business needs not contemplated when the records were originally scheduled for disposal.
1.2.1 Examples of holds are:
A. Records & Information Management (RIM) Hold – Used when there is cause for Records Management to research records for inconsistent, missing, or incorrect information.
B. Legal/Regulatory Hold – Used for financial audits or tax
purposes and anticipated or pending litigation.
C. Department/Division Hold – Request to hold records from a
Department/Division with justification.
D. Historical Hold – Preservation of records with justification
requested.
E. Retention Schedule Change Hold – Used when a change, addition, or deletion is required until the time the Records Retention Schedule (RRS) can be changed.
F. Public Records Request – Preservation of records may be needed in relation to Orange County Sanitation District’s (OC San) response to any particular Public Records Request. 1.3 Depending upon the circumstances, a Records Hold may require the
retention of all documents of a certain kind, whether they are hard copy records, electronic records, or non-records, as defined in Procedure 4.0.
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS HOLD AND RELEASE
Records Hold and Release 2 Adopted 03/25/2026
1.4 Once a Records Hold has been placed on particular records or Record Series, the records will not be disposed of until a Records Hold Release has been issued by a Records Hold Requester and all parties have been
informed as detailed below. 2.0 PURPOSE 2.1 The purpose of this procedure is to describe the procedures for suspending
destruction or placing a Hold on the destruction of records that may be relevant to foreseeable or pending litigation, governmental investigations, audits, or other special OC San requirements; and for releasing the Hold when it is no longer necessary.
2.2 This procedure requires that the Clerk of the Board and/or designee and Department/Division Records Coordinators be notified when holds on the destruction of certain records are necessary, in addition to other parties as detailed below.
2.3 This procedure ensures that records subject to holds for any purpose are maintained until resolution or conclusion of the matter. 3.0 SCOPE
3.1 This Procedure documents the process of suspending destruction or placing a Hold on the destruction of records, and the related release of the Hold. 3.2 This Procedure applies to any record, non-record, or transitory record,
in any format, at any time during the life of the record or transitory record. 4.0 PROCEDURES FOR REQUESTING RECORDS DESTRUCTION HOLD Responsibility Action
Division
ment
•
destruction of certain OC San records that may be relevant
to foreseeable or pending investigations, audits, other special OC San requirements, or other business reasons, notify the Clerk of the Board and/or designee. A form may be required for implementing
the Hold (Records Hold & Records Hold Release Request
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS HOLD AND RELEASE
Records Hold and Release 3 Adopted 03/25/2026
Responsibility Action
•Requester Management). If necessary, contact Records Hold Requester to clarify scope of requested Hold.
• In collaboration with Legal Counsel, approve/authorize the Records Hold.
• Upload all information to GovQA Records Hold functionality to reflect the Hold and the Estimated Date of Release.
• Route Legal Hold to Legal Counsel, the EMT, Information Technology (IT), Manager, and Records Coordinators in all affected Departments/Divisions instructions.
•Records Management.
• Prior to purging files or requesting destruction of records, cross-destroyed against Records Hold Requests on file. Identify
documents subject to a Records Hold. Do not purge or
Records Hold.
•
(Laserfiche) Administrator (IT) will place a Legal Hold on relevant records in the ECMS.
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
SUBJECT: RECORDS HOLD AND RELEASE
Records Hold and Release 4 Adopted 03/25/2026
5.0 PROCEDURES FOR REQUESTING RECORDS HOLD RELEASE
Clerk of the Board and/or designee •
information in the GovQA portal
Dates of Release for previously placed Records Holds.
• If the Estimated Date of Release on a Records Hold has
passed, contact the Records Hold Requester whether release of the Hold is appropriate. If the Records Hold Requester appropriate, the Form Release Request Form), as previously
implementation of the Records Hold, will be routed to the Records Hold Requester and completion requested. In
Records Hold Release. Upon completion and submission of the Form, upload Form to GovQA and update the entry
as appropriate
instructions. Legal Counsel, the EMT, Manager (in all affected Departments/Divisions)notified.
• If the Records Hold Requester indicates that release of the
Estimated Date of Release. Update all affected parties as
•
Clerk of the Board and/or designee.
• Identify documents within scope of Release and remove any notation of prior Hold. Any
transitory records or records falling within the scope of the
Records Hold Release may be purged or destroyed, following the appropriate process.
•
Procedure 9.0
Records Hold & Records Hold Release Request Form
Exhibit A
Records Hold & Records Hold Release Request Form
This form is for the purpose of both a Records Hold request and related Records Hold Release request.
Records Hold Request:
When specific types of records have been identified as needing to be held and disposal suspended, complete
the Records Hold Request section of this form and send to Records Management. Records Management will
return the completed form to the Requester for use, when appropriate, for the Release request.
Division Number: Retention Number:
Record Series/Record Type to Hold, Including Description:
Record Dates:
Reason for Hold (Select All That Apply):
RIM Hold Litigation Audit Tax Purposes
Department/Division Hold Historical RRS Change Public Records Request
Other (Describe):
Estimated Date of Records Hold Release:
Requester’s Name & Signature (Must be either Department/Division Director or Legal Counsel):
Name (Print) Signature Date
Hold Authorization:
Legal Counsel Name & Signature:
Name (Print) Signature Date
Records Management Name & Signature:
Name (Print) Signature Date
For completion by Records Management
Date Hold Entered in GovQA:
Name of Records Coordinator & Date Informed of Hold:
Name of Manager & Date Informed of Hold:
Name of IT Staff & Date Informed of Hold:
Records Hold & Records Hold Release Request Form
This form is for the purpose of both a Records Hold request and related Records Hold Release request.
Records Hold Release Request:
This section should be completed and submitted when the records identified above (Records Hold Request
section) no longer need to be held. Send the completed form to Records Management. Records Management
will return the completed form to the Requester.
Reason for Release (Select All That Apply):
RIM Release Litigation Concluded Audit Completed Tax Purposes Met
Department/Division Release Historical Needs Met
RRS Chang Completed Public Records Request Completed
Other (Describe):
Date of Records Hold Release:
Requester’s Name & Signature (Must be either Department/Division Director or Legal Counsel):
Name (Print) Signature Date
Hold Authorization:
Legal Counsel Name & Signature:
Name (Print) Signature Date
Records Management Name & Signature:
Name (Print) Signature Date
For completion by Records Management
Date Release Entered in GovQA:
Name of Records Coordinator & Date Informed of Release:
Name of Manager & Date Informed of Release:
Name of IT Staff & Date Informed of Release:
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
Procedure Number: 10.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
RELEASE OF RECORDS TO THE Approved by: OC San Board of Directors
Public Records Act 1 Adopted 03/25/2026
1.0 STATEMENT OF POLICY AND LAW
The California Public Records Act (Government Code §7920.000 et seq.) (the “CPRA”, “PRA”, or “Act”) declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person. In furtherance of that policy, the Act mandates, with specified exceptions,
that public records are open to inspection at all times during the office hours of state and local agencies. The Act, however, recognizes a number of specific statutory exemptions to the general rule of public disclosure. The Act also authorizes local agencies to adopt procedures for making records available and for recovering the direct costs of duplicating those records.
The spirit of the Act, and the policy of the Orange County Sanitation District (OC San), is to permit access to all disclosable public records in the possession of OC San unless doing so would constitute an unwarranted invasion of personal privacy or the request calls for the production of records that are exempt from disclosure
under the Act. Other records may be kept confidential on a case-by-case basis only after an OC San determination that the public interest served by non-disclosure clearly outweighs the public interest served by disclosure. An example of that type of record would be preliminary drafts of agreements prepared to facilitate discussion and/or negotiations if disclosure prior to final agreement would
have an adverse effect on the negotiation process. However, such analysis will usually involve the assistance of General Counsel. In addition, California courts have also recognized that certain records need not be disclosed if disclosure would reveal the public agency’s decision-making
process in such a way as to discourage candid discussion within the agency, which would thereby undermine the agency’s ability to perform its functions. 2.0 PROCEDURE
2.1 The Clerk of the Board/Custodian of Records and/or designee (PRA Team) receive and process all Public Records Requests (Request) in accordance with Government Code §7920.000 et seq., California Public Records Act, and OC San Board approved Resolution. The PRA Team interprets each Request in accordance with Government Code §7922.600 and attempts to
assist members of the public to identify the record that contains the information requested.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
Procedure Number: 10.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
RELEASE OF RECORDS TO THE Approved by: OC San Board of Directors
Public Records Act 2 Adopted 03/25/2026
2.2 OC San uses the GovQA Public Records Request Management Software
(GovQA) to receive, correspond, route, track, and respond to Requests.
2.3 To ensure consistency with the processing of Requests, if a Department/Division receives a request from the public or other party to provide public records, the Department/Division should direct the requester
to the OC San Public Records Portal link on the ocsan.gov website so that
the request may be routed and tracked in the GovQA portal for response. The PRA Team should be notified and will be able to assist. 3.0 PROCESS
3.1 Requests are received by OC San and placed in GovQA by either the requester or, in a few cases, the PRA Team; and OC San staff users/approvers enter the portal to respond or upload documents to fulfill the Request.
3.2 When a Request is initially received, the PRA Team immediately responds to the requester, via established, automated GovQA workflows, with an email receipt for the Request that provides a legal explanation of the Public Records Request process. The PRA Team determines if the Request is
complete or requires clarification (e.g., too broad, apparent typographical
errors, missing information, etc.). If necessary, the PRA Team contacts the requester for clarification. Automated GovQA workflows for the assignment and distribution of
Requests are in place for Contracts, Purchasing, Finance, Environmental
Services, and Planning. These workflows prevent delays in turn-around time due to absenteeism. A. Contracts and Purchasing. If a request is made to either Division, the
Request is routed to designated staff members, including the Supervisor
and Manager. B. Finance Department. Routine requests for stale check data and Sewer Service Fees/Rebate information automatically route to designated staff
members as determined by the Director of Finance.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
Procedure Number: 10.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
RELEASE OF RECORDS TO THE Approved by: OC San Board of Directors
Public Records Act 3 Adopted 03/25/2026
C. Environmental Services. Requests for Environmental Services are routed to the Department Director, designated Managers, and other designated staff members in the Environmental Services Department.
D. Planning/Engineering. Requests for Planning-related records are
routed to designated staff members. Requests for Certified Payroll
records are facilitated by the PRA Team with support from the project manager. The PRA Team contacts the Contractor directly. If the PRA Team and the affected Department Head believe that employee
rights or significant interests of OC San could be compromised by the
requested disclosure, the PRA Team and the affected Department Head shall discuss the Request with General Counsel prior to making such disclosure.
3.3 Please see Section 4.0 below for specific information as to the processing
and handling of Requests. 3.4 TIMELINESS.
Although OC San policy encourages a quicker response, the Act requires
that the person requesting copies of OC San records be notified within ten (10) calendar days of OC San’s determination as to whether the Request, in whole or in part, calls for the production of disclosable, non-privileged records that are in the possession of OC San. Occasionally, where
assistance of General Counsel is appropriate, for example, the full ten (10)
calendar days may be required in order to make the requisite determination. Under the Act, OC San may also be entitled to an additional fourteen (14) calendar days in which to make its initial determination under the following four (4) circumstances:
3.4.1 There is a need to search for and collect the requested documents from other offices, or offsite storage, separate from the office processing the request.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
Procedure Number: 10.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
RELEASE OF RECORDS TO THE Approved by: OC San Board of Directors
Public Records Act 4 Adopted 03/25/2026
3.4.2 There is a need to search for, collect, and examine a voluminous
amount of separate and distinct records which are demanded in a single request. 3.4.3 There is a need to consult with another Agency or Department having a substantial interest in the determination of the request. This
includes requests for Certified Payroll from an OC San Contractor or Sub-Contractor. 3.4.4 In the case of electronic records, there is a need to compile data, write programming language or a computer program, or to construct
a computer report to extract data. If the additional fourteen (14) calendar days are needed, either General Counsel or the PRA Team must notify the requester, in writing, of the reason(s) for the fourteen (14) day extension and the date on which the
determination is expected. If the final determination is to deny a Request to inspect or copy OC San records, General Counsel or the PRA Team shall notify the requester, in writing, of the reasons for the denial.
3.5 PARTIAL DISCLOSURE. If portions of the requested record(s) are determined to be exempt from disclosure and those portions can be reasonably segregated from the rest
of the record(s) by deletion, redaction, or other means, the non-exempt portion shall be provided to the requester. 3.6 COST OF COPIES.
Under the Act, OC San is entitled to be reimbursed by the requester for the direct costs of duplication. OC San has, however, made a policy determination to not charge the requester for the first ten (10) pages. If a Request calls for the production of records in excess of ten (10) pages, then the requester shall be required to pay twenty-five cents per page for each
additional page, which shall be reimbursement of OC San’s direct costs for duplication. The reimbursement rate shall not include recovery of costs for staff time spent searching for, retrieving, reviewing, evaluating, and/or
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
Procedure Number: 10.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
RELEASE OF RECORDS TO THE Approved by: OC San Board of Directors
Public Records Act 5 Adopted 03/25/2026
handling responsive records. At the sole discretion of OC San, OC San
may require the requester to submit, in advance, a check based on the estimated direct duplication costs. Electronic records, which can easily be transmitted to the requester via GovQA, are encouraged and will not be subject to the twenty-five cents per
page copying charge. At the sole discretion of OC San, and depending on the estimated number of responsive records, the requester or OC San may retain the professional reprographic services of a bonded copy service. The requester shall be
required to pay for or reimburse OC San for the direct costs of duplication associated with the use of a bonded copying service. In the event OC San approves of the use of a bonded copying service, the requester may select and retain a bonded copying service; however, such selection shall be subject to OC San’s approval.
3.7 COST OF VIDEOTAPES, AUDIOTAPES, COMPACT DISCS, OR THUMB DRIVES. The charge to the requester for copies of videotapes, audiotapes, compact
discs, DVD recordings, or thumb drives shall be at OC San’s actual cost of reproduction and cost of device (videotape, audiotape, etc.). 3.8 MEDIA CONTACTS.
Employees should refer all media contacts and media inquiries to the Director of Communications and/or designee. All information requests requiring production of records shall be processed in accordance with the terms of this Procedure and, upon completion of the preparation of the copies, shall be delivered to the requesting media representative by the
Director of Communications and/or designee. Department Heads shall report any and all media contacts to the Director of Communications and/or designee. as soon as possible. The Director of Communications and/or designee. shall coordinate any action required by such contact with the Clerk of the Board and/or designee and keep the appropriate Department
Head, General Manager, and General Counsel informed. 3.9 FORMS.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
Procedure Number: 10.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
RELEASE OF RECORDS TO THE Approved by: OC San Board of Directors
Public Records Act 6 Adopted 03/25/2026
GovQA generated forms and letters shall be used by OC San staff for purposes of complying with this administrative procedure. 3.10 ACCESS TO FILES.
No member of the public and no OC San employee, other than an employee of the Department/Division processing records, shall enter GovQA or any file cabinets, record storage areas, or containers that hold OC San records, except when authorized by the PRA Team or the affected Department Head.
When a requester is reviewing physical files, a member of OC San staff must be present during the entire file review. This may be the Clerk of the Board and/or designee, or staff member of the Department/Division that owns the records. The requester may not remove any records during the
file review. 3.11 REMOVAL OF RECORDS. The unauthorized removal of any record of OC San is a violation of
California Government Code §6201, and is punishable by imprisonment, fine, or both. 3.12 LITIGATION DOCUMENTS.
The charge for all copies of any OC San document or record produced pursuant to a subpoena or request for production of documents issued by a Court or an authorized administrative or regulatory agency or tribunal shall be twenty-five ($0.25) cents per page to reimburse OC San for its costs of research, retrieval, examination, handling, copying, and certification of the
documents. In the event, due to size or volume of the responsive records, special reproduction services are required, the person making the request shall pay the actual charges incurred for either OC San’s in-house copy service or an
outside copy service.
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
Procedure Number: 10.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
RELEASE OF RECORDS TO THE Approved by: OC San Board of Directors
Public Records Act 7 Adopted 03/25/2026
For large records requests, OC San shall require an advance deposit based
on the estimated direct copying costs. Said deposit shall be paid by the requester prior to OC San commencing any work to obtain and copy the requested records. Litigation document requests shall be handled by General Counsel and the
Clerk of the Board and/or designee. .0 PROCESSING AND HANDLING OF REQUESTS 4.1 This section is determined by, and is at the direction of, General Counsel.
4.2 The PRA Team receives and reviews all public records requests in GovQA and assigns each Request to the appropriate Department/Division. If the Request is incomplete or requires clarification (e.g., too broad, apparent typographical errors, missing information, etc.), the PRA Team will contact the requester for clarification. Clarification may be sought at any time, most
specifically during the initial review/assignment or after assignment to the appropriate Department/Division. All clarification activity is done by the PRA Team unless otherwise directed. 4.3 Examples of routine requests include records for Environmental Site
Assessments, stale check data requests, contract documents, and Purchase Order/procurement overview information. Examples of non-routine requests include all email/correspondence for a certain staff member, which requires IT assistance for e-Discovery;
requests from law offices; or any request that the Clerk of the Board and/or designee believes or determines is related to anticipated or current litigation. Non-routine requests may be handled in a different manner than outlined below; however, all Requests will be entered in GovQA for tracking purposes regardless of specific handling (which might be after the release
of records). 4.4 When contract documents are requested, Contracts/Purchasing sends courtesy notifications to the impacted vendors/contractors advising of
receipt of a records request; ideally sent within 24 hours of Request receipt. The PRA Team should be copied on all courtesy notifications (publicrecords@ocsan.gov) and Contracts/Purchasing uploads all courtesy
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
Procedure Number: 10.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
RELEASE OF RECORDS TO THE Approved by: OC San Board of Directors
Public Records Act 8 Adopted 03/25/2026
notifications and any responses received to GovQA. The PRA Team
verifies that courtesy notifications are sent and that “reasonable” time is allowed for response to courtesy notifications. As defined by General Counsel, “reasonable” typically means no less than 72 hours. The PRA Team should be made aware of any responses/concerns provided
in response to courtesy notifications, specifically in the event a response/concerns is received and the PRA Team is not copied on the email. 4.5 When public and non-public versions of requested documents exist, both
are to be uploaded to GovQA or provided to the PRA Team via email. Public and non-public versions of documents typically involve requests for contract documents. The PRA Team should be notified when the documents are uploaded to GovQA.
4.6 In the event that any records are being redacted or withheld from disclosure by OC San staff not part of the PRA Team, both the unredacted version of the record and/or the complete record being withheld is to be uploaded to GovQA or provided to the PRA Team via email. The PRA Team should be notified when the documents are uploaded to GovQA.
4.7 The PRA Team reviews all records uploaded to the portal, specifically reviewing requested redactions and analyzing for redactions that need to be made pursuant to the CPRA.
4.8 As might be necessary, the PRA Team connects with impacted vendors/contractors or OC San staff when requested redactions or records to be withheld are not supported by allowances in the CPRA. 4.9 When the PRA Team requires legal guidance, the PRA Team is to connect
with General Counsel’s Advanced Records Center (ARC). 4.10 The PRA Team will communicate with any impacted vendors/contractors or OC San staff, as necessary, based on legal guidance/direction.
4.11 The PRA Team finalizes all Requests, releasing responsive records and sending response letters to the requester (via GovQA). Finalizing Requests includes review of all responsive records before release for accuracy,
Orange County Sanitation District RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
Procedure Number: 10.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
RELEASE OF RECORDS TO THE Approved by: OC San Board of Directors
Public Records Act 9 Adopted 03/25/2026
confidentiality, or personal information. The PRA Team is responsible for
the redaction or withholding of information prior to release of responsive records. The only exception to this is when Planning responds to requests. Planning communicates, via GovQA, with the requester; however, the PRA Team
reviews the responsive records and releases records to the requester. The PRA Team closes these Requests. 4.12 In collaboration with OC San staff and/or General Counsel, the PRA Team determines if extensions are needed for response to any given Request and
when entering into a production arrangement is needed. 4.13 The PRA Team will coordinate OC San’s response to any follow up questions from the requester. 5.0 COMPLETION 5.1 The Clerk of the Board will provide a weekly summary containing the number of Requests received and processed with assigned Department/Division detail to the Director of Communications and/or
General Manager.
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 11.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
SUBJECT: Approved by:
OC San Board of Directors
Electronic Communications Policy 1 Adopted 03/25/2026
1.0 INTRODUCTION 1.1 The Electronic Communications Policy of the Records Management Program (the Program) controls the maintenance and storage of Orange County Sanitation District (OC San) electronic mail records, text messages,
instant messages, voicemail, and social media. Following the retention procedures ensures compliance with pertinent statutory, regulatory, operating, and administrative recordkeeping requirements. In addition, it ensures that records needed to conduct OC San business are protected and accessible. The Records Retention Schedule (RRS) is the foundation
of the Program and defines the periods required to maintain OC San records, including all electronic communications. 2.0 PURPOSE
2.1 POLICY OBJECTIVES. 2.1.1 Provide clear and concise direction regarding use and retention of OC San’s electronic communications systems, including electronic mail (email), text messaging, instant messages, and voicemail.
2.1.2 Comply with all applicable State and Federal laws and OC San Personnel Policy 5.10 related to the use of email and all other forms of electronic communication.
2.1.3 Address the California Supreme Court's 2017 decision in City of San
Jose v. Superior Court of Santa Clara County, holding that a Public Agency employee's communications related to the conduct of public business are subject to the California Public Records Act, even if they were sent or received using a personal account or personal
device.
3.0 SCOPE/BACKGROUND 3.1 This policy applies to all persons (including employees, appointed officials,
interns, and contractors) who are permitted to use OC San’s computing or
network resources, particularly the email functions of the system ("Authorized Users"). “Email" means any electronic communication to or from any Authorized Users using the Email System, including all
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 11.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
SUBJECT: Approved by:
OC San Board of Directors
Electronic Communications Policy 2 Adopted 03/25/2026
information, data, and attachments to the electronic communication. “Email System" means the system of devices (including hardware, software, and other equipment) owned and controlled by OC San or the Authorized User for the purpose of facilitating the electronic transmission. "Electronic Communications” includes any and all electronic
transmission, and every other means of recording upon any tangible thing in any form of communication or representation, including letters, words, pictures, sounds, symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. Without limiting the nature of the foregoing, electronic communications
include email, texts, instant messages, voicemails, and include communications on or within applications (apps) such as Facebook Messenger, Twitter, Microsoft Teams, etc. “Electronic Communications Systems” means the system (including hardware, software, and other equipment) owned and controlled by OC San or the Authorized User for the
purpose of transmitting Electronic Communications. 4.0 POLICY 4.1 ROLES AND RESPONSIBILITIES.
4.1.1 The Board Services and Information Technology (IT) Divisions are responsible for administering this policy and procedure. 4.1.2 The OC San Clerk of the Board and/or designee, with the advice of
General Counsel, will monitor compliance and make the final
determination of official records of OC San. 4.1.3 All Authorized Users are responsible for compliance with this policy and procedure.
4.2 DEFINITION OF "OFFICIAL OC SAN RECORD".
Under this Policy, the definition of "Official OC San Record" is the same as the definition provided in the California Public Records Act (Cal. Gov.
Code §7920.000 et seq.) (CPRA) for "public records" and "writing":
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 11.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
SUBJECT: Approved by:
OC San Board of Directors
Electronic Communications Policy 3 Adopted 03/25/2026
"... ‘Public records’ include any writing containing information relating to the
conduct of the public's business prepared, owned, used, or retained by any
state or local agency regardless of physical form or characteristics..."
"... ‘Writing’ means any handwriting, typewriting, printing, photostating,
photographing, photocopying, transmitting by electronic mail or facsimile,
and every other means of recording upon any tangible thing any form of
communication or representation, including letters, words, pictures,
sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored."
4.3 ELECTRONIC COMMUNICATION RELATED TO OC SAN BUSINESS IS AN OFFICIAL OC SAN RECORD. 4.3.1 Email and other forms of Electronic Communication, such as
voicemail, texts, instant messaging, and social media posts,
generate correspondence and other types of records that can be recognized as Official OC San Records and may be subject to disclosure under the CPRA. In addition, any Official OC San Record created through Email and other forms of Electronic Communication
must be protected and retained in accordance with records retention
laws. 4.3.2 Messages transmitted using OC San's Email System, Electronic Communications Systems, or OC San-owned equipment with
capabilities for text messaging and/or voicemail, should be
messages which involve OC San business activities and contain information essential to accomplishment of business-related tasks, or can otherwise be recognized as Official OC San Records. Any incidental (personal) email, text, instant message, or voice
messages are not considered public records, but may still be
discoverable. All Electronic Communications are the property of OC San. 4.4 OC SAN’S ELECTRONIC COMMUNICATION SYSTEMS ARE NOT FOR
STORAGE.
OC San reserves the right to retrieve and make proper and lawful use of any and all Electronic Communications transmitted through OC San's
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 11.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
SUBJECT: Approved by:
OC San Board of Directors
Electronic Communications Policy 4 Adopted 03/25/2026
Electronic Communications Systems and any OC San-owned and/or subsidized equipment. Although the use of Electronic Communications is considered official OC San business, OC San's Electronic Communications Systems, including email, text messaging, instant messaging, and voicemail, are intended as a medium of communication only. Therefore,
the Email System, Electronic Communications Systems, and any OC San-owned and/or subsidized equipment such as Microsoft Teams and cell phones should not be used for the electronic storage or maintenance of documentation, including, but not limited to, Official OC San Records. Regarding Email and Teams Chat, the system administrator performs
regular electronic back-up of OC San's Electronic Communications Systems; however, the back-up is not a copy of all OC San activity that occurred during any given period. 5.0 GUIDELINES FOR PROPER EMAIL USAGE
5.1 Authorized Users are responsible for managing their Email mailboxes, including organizing and deleting any non-OC San related messages that do not constitute Official OC San Records. Authorized Users are responsible for determining if Emails contain substantive information
regarding OC San business or may later be important or useful for carrying
out OC San business, and thus could be considered as Official OC San Records.
6.0 USE OF OC SAN ELECTRONIC COMMUNICATIONS VIA PERSONAL ACCOUNTS 6.1 OC San accounts shall be used to conduct OC San business. Authorized Users should not use personal accounts for the creation, transmission, or
storage of Electronic Communications regarding OC San business.
6.2 All Authorized Users shall, within 90 days following the adoption of this updated policy, search all private, non-governmental electronic messaging accounts to which they have user access and locate any Electronic
Communications that might constitute an Official OC San Record. All such
communications shall be forwarded to the Authorized User's OC San-provided account. To the extent the Authorized User believes that any part of such communications contains personal matter not related to the conduct
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 11.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
SUBJECT: Approved by:
OC San Board of Directors
Electronic Communications Policy 5 Adopted 03/25/2026
of the public's business, the Authorized User shall provide a declaration, as set forth in Exhibit A. 6.3 If an Authorized User receives an electronic message regarding OC San business on his/her non-OC San electronic messaging account, or
circumstances require such person to conduct OC San business on a non-OC San account, the Authorized User shall either: (a) copy ("cc") any communication from an Authorized User's personal electronic messaging account to his/her OC San electronic messaging account; or (b) forward the associated Electronic Communication to his/her OC San account no later
than 10 days after the original creation or transmission of the Electronic Communication. 6.4 Authorized Users shall endeavor to ask persons sending Electronic Communications regarding OC San business to a personal account to
instead utilize the Authorized User's business account and, likewise, shall
endeavor to ask a person sending an Electronic Communication regarding non-OC San business to use the Authorized User's personal or non-OC San electronic messaging account.
7.0 ELECTRONIC COMMUNICATIONS AND PRIVACY 7.1 NO EXPECTATION OF PRIVACY. 7.1.1 OC San Personnel Policy 5.10 states that OC San Electronic
Communication devices are the exclusive property of OC San.
Authorized Users have no right or expectation of privacy or confidentiality in any message created, sent, received, deleted, or stored using the OC San Email System, Electronic Communications Systems, and/or any OC San-owned or subsidized communication
devices. All messages and any attachments on OC San’s computer
network, Email System, Electronic Communications System, OC San-owned system or device, and/or OC San subsidized communication device are subject to OC San review and disclosure of Electronic Communications regarding OC San business.
7.1.2 Electronic Communications regarding OC San business that are created, sent, received, or stored on an electronic messaging account may be subject to the CPRA, even if created, sent, received,
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 11.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
SUBJECT: Approved by:
OC San Board of Directors
Electronic Communications Policy 6 Adopted 03/25/2026
or stored on a personal account or personal device. Most communications that include Authorized Users are not confidential communications; however, certain communications such as investigations, personnel records, or attorney-client communications may be confidential or contain confidential information. Questions
about whether communications are confidential, and how they are to be preserved, should be discussed with the Clerk of the Board and/or designee. 7.2 USE CAUTION WITH CONFIDENTIAL INFORMATION.
All Authorized Users must exercise a greater degree of caution in sending confidential information on OC San's Electronic Communications Systems than they take with other media because of the risk that such information may be copied and/or retransmitted. All Email containing confidential
information should be tagged as such and stored in a clearly labeled
confidential folder to protect and preserve the privacy and confidentiality of the record. When in doubt, do not use Email, text messaging, instant messaging, or voicemail as a means of confidential communication.
8.0 PUBLIC RECORDS REQUESTS, RETENTION, AND DESTRUCTION
Electronic Communications are a business tool which shall be used in accordance with generally accepted business practices and all Federal and State laws, including the CPRA, to provide an efficient and effective means of intra-agency
and interagency communication. Under most circumstances, communications
sent electronically are public records, subject to disclosure under the CPRA and subject to records retention laws applicable to a variety of government agencies. 8.1 PRESERVING ELECTRONIC MESSAGES – CPRA REQUESTS,
SUBPOENAS, CLAIMS, AND POTENTIAL CLAIMS AGAINST OC SAN.
OC San receives requests for inspection or production of documents pursuant to the CPRA, as well as subpoenas or court orders for documents. In the event such a request or demand includes Electronic
Communications, Authorized Users who have control over or access to any
such Electronic Communications, once they become aware of the request or demand, shall use their best efforts, by reasonable means available, to temporarily preserve any such Electronic Communication until it is
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 11.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
SUBJECT: Approved by:
OC San Board of Directors
Electronic Communications Policy 7 Adopted 03/25/2026
determined whether the Electronic Communication is subject to preservation, public inspection, or disclosure. Authorized Users shall contact the Clerk of the Board and/or designee regarding any such Electronic Communications that are within their control.
8.2 CALIFORNIA PUBLIC RECORDS ACT (CPRA). 8.2.1 In the event a CPRA request is received by OC San seeking Electronic Communications of Authorized Users, the Clerk of the Board and/or designee, shall promptly transmit the request to the
applicable Authorized User whose Electronic Communications are
sought. The Clerk of the Board and/or designee shall communicate the scope of the information requested to the applicable Authorized User, and an estimate of the time within which the Clerk of the Board and/or designee intends to provide any responsive Electronic
Communications to the requesting party.
8.2.2 It shall be the duty of each Authorized User receiving such a request from the Clerk of the Board and/or designee to promptly conduct a good faith and diligent search of all Business and Personal Electronic
Communications Systems and devices for responsive Electronic
Communications. The Authorized User shall then promptly transmit any responsive Electronic Communications to the Clerk of the Board and/or designee. Such transmission shall be provided in sufficient time to enable the Clerk of the Board and/or designee to adequately
review and provide the disclosable Electronic Communications to the
requesting party. If the Authorized User is unable to transmit the responsive communications, the IT Division has the ability to extract the pertinent communications and ensure the appropriate metadata is preserved.
8.2.3 Based on the nature of the CPRA request, the Clerk of the Board and/or designee may also request an eDiscovery of all Email System and Electronic Communications Systems records and instant messages through the IT Division.
8.2.4 In the event an Authorized User does not possess responsive Electronic Communications from OC San’s owned and/or subsidized Electronic Communications Systems account, the Authorized User
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 11.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
SUBJECT: Approved by:
OC San Board of Directors
Electronic Communications Policy 8 Adopted 03/25/2026
shall so notify the Clerk of the Board and/or designee by way of a written declaration (Exhibit A). 8.3 AUTOMATIC DELETION OF EMAIL AND TEAMS CHAT.
OC San's Email System automatically deletes OC San Emails, including any text messages that become Emails, which are more than 24 months old from “Inbox” and "Sent" email folders of each OC San email user. Email in "Deleted" folders will be automatically removed after ninety (90) days.
OC San’s Teams Chat will be automatically removed after ninety (90) days. 8.4 EMAIL FOLDER AND TEAMS CHAT MANAGEMENT. 8.4.1 Authorized Users are responsible for the daily management of their
Email boxes and associated folders. To ensure maximum efficiency in the operation of the Email System, Authorized Users are directed to delete Email that is NOT Official OC San Records from their inboxes on a weekly basis. These transitory email records, based on the content of the information which only have a retention value
of a few days or weeks, can be deleted from the Email Inbox upon review and determination when the purpose of the information has been fulfilled - which can be any time up to 90 days. All email records moved to Deleted will be automatically purged by IT after 90 days. Examples of such messages are personal emails,
solicitations, email advertisements/announcements, or newsletters. 8.4.2 If Email and Teams Chat that are not Official OC San Records are necessary for transitory work, preliminary drafts, or preparation of work product or personal notes, Authorized Users should either
move the record to a dedicated (working) folder, print the
communication and maintain the paper copy, take a snapshot of the communication and save in a format most appropriate, or create a PDF version of the communication (save as PDF) and store the file in an electronic folder on OC San’s network drive (OneDrive,
SharePoint, or SharePoint Online) to be deleted when no longer
needed.
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 11.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
SUBJECT: Approved by:
OC San Board of Directors
Electronic Communications Policy 9 Adopted 03/25/2026
8.4.3 Attachments to Electronic Communications should be retained or disposed of according to the content of the attachment itself, not according to the Electronic Communication transmitting the attachment. Many attachments are duplicates of existing documents or are draft versions of documents that might not be retained by OC
San after the final version of the document is complete. If you need help in determining whether an attachment to an Electronic Communication must be retained, please contact the Clerk of the Board and/or designee.
8.5 DETERMINATION OF RECORD. In accordance with OC San’s RRS, it is the responsibility of Authorized Users to determine if an Electronic Communication is an Official OC San Record which must be retained in accordance with OC San's RRS.
Electronic Communications (including any attachments) that are deemed to be Official OC San Records shall be preserved. Authorized Users shall consider the content of an Electronic Communication when determining if it is an Official OC San Record. The Clerk of the Board and/or designee can assist in making such a determination. In addition, following is a general
guideline for determining whether an Electronic Communication is an Official OC San Record: Electronic Communications that are generally considered as Public Records (Official OC San Record) Public Records / in general not an Official OC San Record
(Retention time is 2 years or more) (Retention time is no more than 90 days)
Electronic Communication that is created or received in connection announcements not related to
shows how an OC San policy was
created or how a decision was made
by OC San staff and/or the OC San
excerpts) distributed for
convenience or reference.
Orange County Sanitation District RECORDS MANAGEMENT POLICY & PROCEDURE MANUAL
Procedure Number: 11.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
SUBJECT: Approved by:
OC San Board of Directors
Electronic Communications Policy 10 Adopted 03/25/2026
begins, authorizes, or completes an
item or a transaction of official OC
assist the flow of work.
documents significant official
decisions or commitments reached verbally (person-to-person, by phone, or in conference) and not otherwise documented in OC San
files.
containing preliminary drafts, notes,
or interagency or intra-agency memos that are not retained in the ordinary course of business. Government Code §7927.500.
Records that are normally retained
8.6 ELECTRONIC COMMUNICATIONS UPON TERMINATION. Upon an Authorized User’s retirement or termination, IT will forward the user’s Electronic Communications to the immediate Supervisor for review. In accordance with the policy herein, it is the Supervisor’s duty to review
and determine which email/text messages, voicemails, etc. should be preserved, retained, or disposed of according to the content of the communication and following OC San’s approved RRS. Once determined, the Supervisor should either transfer the records to a
dedicated (working) folder, print the communication and maintain the paper copy, take a snapshot of the communication and save in a format most appropriate, or create a PDF version of the email (save as PDF) and store the file in an electronic folder on OC San’s network drive (OneDrive, SharePoint, or SharePoint Online) to be retained or to be deleted when no
longer needed. Once completed, IT will dispose of the content of the Electronic Communications System after 90 days unless otherwise requested by the Supervisor.
Procedure 11.0
Declaration Regarding Search of Personal Electronic
Communications Accounts
Exhibit A
In the matter of:
California Public Records Act Request
Pursuant to Government Code §7920.000 et
seq.
Re:
__________________________________
__________________________________
Insert name of record request
Request #: _________________
Declaration of:
_____________________________
Print or type name of user
DECLARATION REGARDING SEARCH OF
PERSONAL ELECTRONIC COMMUNICATIONS
ACCOUNTS
STATE OF CALIFORNIA
COUNTY OF ORANGE
ORANGE COUNTY SANITATION DISTRICT
I, ______________________________________________________ declare:
Print name
1. I received notice of a California Public Records Act (“CPRA”) request regarding a search of my
personal electronic communications account(s).
2. I understand that the CPRA request seeks:
________________________________________________________________
Insert text of CPRA request.
3. I am the Owner or Authorized User of the following personal electronic communications
account and have the authority to certify the records:
________________________________________________________________
Insert description of personal electronic messaging account(s).
4. I have made a good faith, diligent, thorough, and complete search of the above mentioned
personal electronic communications account(s) for all electronic communications potentially
responsive to the above mentioned CPRA request.
5. Any responsive electronic communications discovered, and referenced below, were prepared
or used by me in the ordinary course of business at or near the time of the act, condition, or
event.
6. Any responsive electronic communications discovered, and referenced below, are true copies
of all records described in the above mentioned CPRA request.
Check the applicable box:
I certify that I do not possess responsive electronic communications.
I certify that I cannot reasonably recover responsive electronic communications without
technical assistance.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Explain efforts to retrieve responsive electronic communications and why you were unable to recover responsive
electronic communications. Add technical assistance required.
I certify that I discovered potentially responsive electronic communications from my personal
electronic communications account, but I am withholding that information because the
information is “personal” business. This is for the following reasons:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Describe with sufficient facts why the contested information is personal business and not subject to the CPRA.
Attach additional pages, if necessary.
I certify that I discovered potentially responsive electronic communications from my personal
electronic communications account. I am providing all responsive information. However,
some information is non-responsive, and I am withholding that information because the
information is personal business. This is for the following reasons:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Describe with sufficient facts why the contested information is personal business and not subject to the CPRA.
Attach additional pages, if necessary.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that I have personal knowledge of the facts set forth above.
Executed this ___ day of _______________ 20___ , in ________________, California.
By:___________________________
Print Name:_____________________
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: ESCROW OF BID DOCUMENTS
Escrow of Bid Documents 1 Adopted 03/25/2026
This Procedure applies only to Invitation for Bids (IFBs) with an award amount of
$10,000,000 or more, to the two (2) lowest responsive, responsible bidders. 1.0 PRE-BID
1.1 If Escrow of Bid Documents (Escrow) is required (per Bid Requirements Form), the Contracts Administrator (CA) will notify the Clerk of the Board and/or designee (Records Management) of the need for Escrow and will establish a time and date for Bidder(s) to submit their Escrow Bid
Documents as specified in the Special Provisions, “Escrow of Bid
Documents”. a. This date and time of submission will be within the date and time set forth in the Contract’s Special Provisions.
b. The date must also be coordinated with Records Management’s schedule. 1.2 For all meetings related to the escrow of bid documents, CA reserves a
room in the Headquarters Building and schedules the meeting via the
Outlook Calendar. 1.3 Records Management schedules the date for offsite storage, as soon as practicable, to transfer the Escrow Bid Documents to offsite storage.
1.4 Board Services is the office of record for all original documents prepared and/or received in the steps below. A digital copy of the documents will be maintained in Laserfiche and will be available to the CA. If desired, a copy of any of the documents identified below may be provided to the Bidder
and/or CA. All copies shall be marked “copy”.
2.0 BID OPENING 2.1 At Bid Opening, OC San announces the two (2) lowest Bidders who will be
required to submit their Escrow Bid Documents within the date and time set
forth in the Special Provisions.
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: ESCROW OF BID DOCUMENTS
Escrow of Bid Documents 2 Adopted 03/25/2026
2.2 At the Bid Opening, Bidders shall be reminded that: 2.2.1 Failure to timely submit the Escrow Bid Documents may result in a Bidder being deemed non-responsive.
2.2.2 If the Escrow of Bid Documents Meeting (intake of Escrow Bid Documents) is being done in the same meeting as the Bid Documents Review Meeting, Escrow Bid Documents should be delivered in an unsealed container. It is requested that Bidders use
a regular document storage size box (10”x12”x15”). Tape and
markers to seal the box and mark it as the Bidder deems appropriate will be provided so that the box may be sealed at the conclusion of the meeting.
2.2.3 If the Escrow of Bid Documents Meeting (intake of Escrow Bid
Documents) is being done separate from the Bid Documents Review Meeting, Escrow Bid Documents must be delivered in a sealed container, marked with the project name and the words "Escrow Bid Documents". It is requested that Bidders should use a regular
document storage size box (10”x12”x15”).
2.2.4 It is suggested and desirable that the Escrow of Bid Documents Meeting be done in conjunction with the Bid Documents Review Meeting.
2.3 The Escrow Bid Documents shall be accompanied with a Bid Document Certification for Escrow document (sample image below), provided to the two (2) lowest Bidders by the CA, signed by an individual authorized by the Bidder to execute the Bid, stating that the material in the Escrow Bid
Documents container constitutes the complete, only, and all documentary
information used in preparation of the Bid and that he/she has personally examined the contents of the Escrow Bid Documents container and has found that the documents in the container are complete.
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: ESCROW OF BID DOCUMENTS
Escrow of Bid Documents 3 Adopted 03/25/2026
3.0 POST BID OPENING: COMBINED ESCROW OF BID DOCUMENTS MEETING AND BID DOCUMENTS REVIEW MEETING 3.1 After Bid Opening, but no later than the date and time of the Meeting,
Records Management will prepare an OC San Escrow Records Storage
Facility Transfer Request & Tracking form (Form) (sample image below) for each Bidder’s Escrow Bid Documents. A separate Form is required for each Bidder’s Escrow Bid Documents box
since each Bidder’s escrow box is assigned a separate bar code to be
affixed to the Form. Also, each Bidder must sign the Form applicable to their documents.
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: ESCROW OF BID DOCUMENTS
Escrow of Bid Documents 4 Adopted 03/25/2026
3.2 In preparation for the arrival of Bidders for the Meeting, Records
Management shall prepare an Escrow of Bid Documents Meeting and Bid
Documents Review Meeting Attendance Record for record of attendance (sample image below) which will be completed by the representative of each company and all OC San staff in attendance at the Meeting.
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: ESCROW OF BID DOCUMENTS
Escrow of Bid Documents 5 Adopted 03/25/2026
3.3 At the Meeting, the two lowest Bidders will hand deliver their Escrow Bid Documents to OC San Records Management and the CA. OC San Staff/Contractor will open and review the contents together at OC San.
3.4 Each Bidder will fill out and sign an Intake of Escrow Bid Documents Record of Receipt (sample image below) prepared prior to the Meeting by Records Management.
3.5 After OC San approves of the documentation in the Bidders’ Escrow Bid Documents, OC San Records Management will affix GRM bar codes and
ID numbers on the Form and to each Bidder’s Escrow Bid Documents box.
The Bidders and Records Management shall all sign the completed Form. 3.6 As arranged by Records Management, offsite storage will thereafter take possession of the apparent two low Bidders’ Escrow Bid Documents, as
soon as practicable, and transfer them to its storage facility.
3.7 When practicable, the Bid Documents Review Meeting will be conducted at the same time as the Escrow of Bid Documents Meeting. When this occurs,
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: ESCROW OF BID DOCUMENTS
Escrow of Bid Documents 6 Adopted 03/25/2026
nothing additional is needed other than completion of the appropriate section of the Form.
4.0 POST BID OPENING: SEPARATE ESCROW OF BID DOCUMENTS MEETING AND BID DOCUMENTS REVIEW MEETING 4.1 After Bid Opening, but no later than the date and time of the Meeting, Records Management will prepare an OC San Escrow Records Storage
Facility Transfer Request & Tracking form (Form) (sample image below) for
each Bidder’s Escrow Bid Documents. A separate Form is required for each Bidder’s Escrow Bid Documents box since each Bidder’s escrow box is assigned a separate bar code to be
affixed to the Form. Also, each Bidder must sign the Form applicable to
their documents.
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: ESCROW OF BID DOCUMENTS
Escrow of Bid Documents 7 Adopted 03/25/2026
4.2 In preparation for the arrival of Bidders for the Meeting, Records Management shall prepare an Escrow of Bid Documents Meeting
Attendance Record for record of attendance (sample image below) which
will be completed by the representative of each company and all the OC San staff in attendance at the Meeting.
4.3 At the Meeting, the two lowest Bidders will hand deliver their Escrow Bid Documents to OC San Records Management and the CA. 4.4 Each Bidder will fill out and sign an Intake of Escrow Bid Documents Record
of Receipt (sample image below) prepared prior to the Meeting by Records
Management
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: ESCROW OF BID DOCUMENTS
Escrow of Bid Documents 8 Adopted 03/25/2026
4.5 OC San Records Management will affix GRM bar codes and ID numbers
on the Form and to each Bidder’s Escrow Bid Documents box. The Bidders
and Records Management shall all sign the completed Form. The Bidder’s Escrow Bid Documents box(es) are not opened. 4.6 As arranged by Records Management, offsite storage will thereafter take
possession of the apparent two low Bidders’ Escrow Bid Documents, as
soon as practicable, and transfer them to its storage facility. 4.7 At a date to be determined, the CA will coordinate a meeting to review the contents of the Escrow Bid Documents containers delivered by the
contractor and stored at OC San’s offsite storage facility. In preparation for
this meeting, Records Management will request delivery of the box(es) from the storage facility. 4.8 In preparation for the arrival of Bidders for the Meeting, Records
Management shall prepare a Bid Documents Review Meeting Attendance
Record for record of attendance (sample image below) which will be completed by the representative of each company and all the OC San staff in attendance at the Meeting.
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: ESCROW OF BID DOCUMENTS
Escrow of Bid Documents 9 Adopted 03/25/2026
4.9 Using the OC San Escrow Records Storage Facility Transfer Request & Tracking form (Form) (sample image below) previously prepared for each Bidder’s Escrow Bid Documents, OC San Staff/Contractor will open and review the contents of the box together at OC San.
Each Bidder must sign the Document Review Meeting section of the Form
applicable to their documents for this meeting.
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: ESCROW OF BID DOCUMENTS
Escrow of Bid Documents 10 Adopted 03/25/2026
4.10 After OC San approves of the documentation in the Bidders’ Escrow Bid Documents, OC San Records Management will arrange for the return of the box to the document storage facility.
5.0 AFTER CONTRACT AWARD 5.1 Following the Award of the Contract, OC San will return the Escrow Bid Documents to the unsuccessful Bidder(s) at a meeting to be scheduled by the CA at the convenience of all parties. In preparation of the meeting,
Records Management will request the box(es) from offsite storage and
prepare the Release of Escrow Bid Documents Record of Receipt (sample image below). As appropriate, all parties will complete this Record of Receipt at the meeting, obtaining all of the required signatures.
6.0 AFTER PROJECT COMPLETION
Orange County Sanitation District
RECORDS MANAGEMENT
POLICY & PROCEDURE MANUAL
SUBJECT: ESCROW OF BID DOCUMENTS
Escrow of Bid Documents 11 Adopted 03/25/2026
6.1 Following the completion of the project, OC San will return the Escrowed Bid Documents to the successful Bidder (awarded contractor) at a meeting to be scheduled by the CA at the convenience of all parties. In preparation
of the meeting, OC San Records Management will prepare the Release of
Escrow Bid Documents Record of Receipt (sample image above). As appropriate, all parties will complete this Record of Receipt at the meeting, obtaining all of the required signatures. A copy of the completed Release of Escrow Bid Documents Record of Receipt will be provided to the
Contractor and CA. The Original documents will be maintained by OC
Records Management. 7.0 EXCEPTIONS
7.1 In the event of a bid protest or other problem with the apparent low bid, the
CA will contact the third and perhaps fourth apparent low Bidders and complete the required steps of this Procedure above. 7.2 For Design-Build (DB) Projects, only the Proposal Documents of the
successful proposer will be escrowed, after the award of the contract by the
Board of Directors.
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 13.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Digitization of Records 1 Adopted 03-25-2026
1.0 POLICY OBJECTIVES AND BACKGROUND
1.1 The Orange County Sanitation District (OC San) has identified the following objectives for digitizing records: 1.1.1 Provide online access to OC San records 1.1.2 Make digitized material and metadata available
1.1.3 Advance the preservation of records by reducing wear and tear on the originals 1.1.4 Maintain a reduction in paper 1.2 To ensure that users have the ability to access digitized records, OC San
has implemented an Electronic Content Management System (ECMS) (Laserfiche) which will be made available via SharePoint and on ocsan.gov, as well as a desktop application for designated staff members. Utilizing this management system ensures the authenticity, reliability, usability, and integrity of the digital copies.
1.3 The implementation of a paper reduced environment, including the incorporation of the ECMS and implementation of a fully digital process to reduce the use of paper is a continued goal in the General Manager’s Work Plan.
1.4 OC San is pursuing a reduction in paper in the office environment. Digitization provides a means for preserving at-risk physical materials (including paper documents, maps, photos, etc.) as well as providing greater accessibility and security for those documents. To the extent
practicable, OC San promotes electronic systems, electronic records, and paperless transactions to support OC San’s transition to electronic government and enhanced transparency. 1.5 Digitization refers to the process that includes the following activities:
1.5.1 Identifying, selecting, and documenting physical materials for digitization; 1.5.2 Preparing physical materials for scanning (including locating,
preserving, gathering, reviewing, and organizing for access; and screening for suitability to be digitized);
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 13.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Digitization of Records 2 Adopted 03-25-2026
1.5.3 Collecting basic descriptive and technical metadata sufficient to allow retrieval and management of the digital copies and to
provide basic contextual information for the user; 1.5.4 Scanning the physical materials (also referred to as digital conversion), re-filing, or disposing;
1.5.5 Quality control (validation) of digital copies and metadata; 1.5.6 Providing access to reliable and authentic copies for business purposes to internal users as well as the public; and
1.5.7 Maintaining digital copies and metadata. 2.0 POLICY RESPONSIBILITY 2.1 The Clerk of the Board (Custodian of Records) and the Board Services and
Information Technology (IT) Divisions have overall responsibility for this policy. The OC San Board of Directors adopts this policy, IT manages the ECMS, and the Custodian of Records implements and oversees this policy on behalf of the Board of Directors. 3.0 APPLICABILITY 3.1 This policy provides guidance and requirements for digitizing physical media.
3.2 This policy applies to all records of physical materials being considered for digitization. These records fall into three categories: 3.2.1 Vital or Historical Records with permanent or life of organization retention;
3.2.2 Inactive records that have not met their retention schedule (especially records that are voluminous or have a long retention schedule) and are not regularly accessed. These may be considered for digitization due to constraints of
physical storage space or costs of maintaining the physical record collection; and
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 13.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Digitization of Records 3 Adopted 03-25-2026
3.2.3 Active records that are initially produced in paper or similar physical media as part of the business process, e.g., requiring
a physical signature, and are regularly accessed for a continuing business purpose. Digitization may provide for access among multiple users across multiple locations. 4.0 TERMS AND DEFINITIONS
4.1 As used in this policy, the following terms and definitions apply: 4.1.1 Custodian of Records: The custodian of records for OC San is the Clerk of the Board.
4.1.2 Digitization: The act of scanning an analog document into digital form, as well as the series of activities that results in a digital copy being made available to end users via the intranet, internet, or other means for a sustained length of time.
4.1.3 Electronic Content Management System (ECMS): Computerized/digital means for collecting, organizing, and categorizing information to facilitate its preservation, retrieval, use, and disposition.
4.1.4 Electronic Signature: A method of signing an electronic document that identifies and authenticates a particular person as the source of the signature and indicates such person’s intent to sign the document.
4.1.5 Office of Record: The Department/Division that, by definition of its mission or function, has primary responsibility for maintenance and retention of the record. 5.0 POLICY GOAL AND CONSIDERATIONS 5.1 The goal of this policy is to expand public and internal access to important vital, historical, and long-term documents through digitization. OC San does not require all records in physical media be digitized unless they are at risk
of damage or destruction, which may result in the loss of the record. However, based upon business analysis by the Office of Record and
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 13.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Digitization of Records 4 Adopted 03-25-2026
Custodian of Records, digitization may be an effective way to maintain and manage a record collection that exists only in physical media form.
5.2 Before undertaking a digitization project, the Office of Record should consider the following: A. Volume of the record collection;
B. Cost to digitize (budgeted in each Department/Division); C. Need/Demand for availability (sharing) of the documents; D. Quality of the originals (including handwritten notes, degradation of original medium, etc.); and E. Need to preserve the originals after digitization for historical or other
purposes. 5.3 The legal validity of electronic signatures in the context of electronic transactions (i.e., actions between two or more persons relating to the conduct of business, consumer, commercial, or governmental affairs) must
be well-recognized and approved by the Secretary of State of California. 6.0 POLICY EXCEPTIONS 6.1 Exceptions to this policy may be necessary based on legitimate business
needs, legal, or compliance requirements. Any exceptions must be documented, reviewed, and approved by the Custodian of Records, Management, and General Counsel. 6.2 This policy guidance does not apply when the digitization is merely to
provide a reference or convenience copy in limited circumstances, i.e., a single document rather than conversion of an entire collection for purposes of lifecycle management.
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 13.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Digitization of Records 5 Adopted 03-25-2026
7.0 RESPONSIBILITES
7.1 Board Services Division: Coordinates the overall Program. Provides guidance and assistance to all OC San Departments/Divisions with lifecycle management and coordinates required records reviews, evaluations, and reports.
7.2 Reprographic Center: Provides digitization/scanning services to the Office of Record for their paper document record collections. For larger projects, the need for additional services may be required. 7.3 Managers/Supervisors: Effectively manage information assets within their
area of responsibility in a consistent manner to ensure the integrity, security, and availability of information assets. Managers/Supervisors are also responsible, through their organization, for documenting a digitization plan that ensures their digitization projects meet the requirements of this policy.
8.0 STANDARDS AND PROCEDURES 8.1 The Office of Record, under the direction of the Custodian of Records, must develop a digitization plan to meet the following requirements:
8.1.1 Authorization. Digital Records may be maintained as the only copy of a record if approved by General Counsel and the Board of Directors, as may be required, following the laws of California. They are viewed as being functionally equivalent to the original paper
version if the intent to preserve the document only in digital form is documented and authorized by the Custodian of Records and General Counsel. Once approved, this authorization and notation must be included in the Records Retention Schedule.
8.1.2 Document Preparation. This includes a review of the documents to be digitized to ensure that digitization will not compromise the readability of the content. This is particularly important for documents that include “marginalia” (handwritten notes or additions to the content of the document). Moreover, an inventory of the
records must be prepared, especially in instances where the actual digitization is performed by someone else. Finally, in some instances, a clean copy may be necessary if the original paper has
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 13.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Digitization of Records 6 Adopted 03-25-2026
been degraded to the point that, in its original form, a valid digital copy would not be possible.
8.1.3 Digitization. As part of the actual digitization process, a single scanned image type (see list below) must be chosen for the records. Consideration must be given to the ability of a particular scanned image type to be searched. In addition, a consistent set of metadata
should be incorporated into the scanned image to assist in organizing and managing the digital collection. “Scanned image” types include: a) gif – graphics interchange format; b) tiff – tagged image file format;
c) biif – basic image interchange format; d) png – portable network graphics; or e) pdf – portable document format. 8.1.4 Validation. Throughout the digitization process, the scanned images
must be validated to ensure that a clean, readable image has been produced, that the content of the document set is the same as the original (number of pages), and that the metadata attached is accurate. The Office of Record may choose to do an initial series of documents as a test case. If so, choose a sample that will cover the
range of quality and other attributes of the originals, e.g., differing font sizes or layouts. It is recommended that every scanned image be validated; however, if the original documents are of highly consistent quality, format, and content, sampling validation may be appropriate.
8.1.5 Disposition of Originals. Once the records have been digitized and validated, the paper original may be destroyed as long as the destruction is documented as part of the digitization plan, in accordance with the Records Retention Schedule, and has been
authorized by the Office of Record, Supervisor, Manager, Executive Director, General Counsel, and the Custodian of Records. Special consideration must be given to physical records with content of historical value. OC San’s Custodian of Records can provide assistance and guidance to Departments/Divisions in determining
the historical value of original physical media records. 8.1.6 Digital Storage. The ECMS (Laserfiche), designated for
Orange County Sanitation District
RECORDS MANAGEMENT
Procedure Number: 13.0
Effective Date: 03/25/2026
Supersedes: 02/25/2026
Approved by: OC San Board of Directors
Digitization of Records 7 Adopted 03-25-2026
maintenance and management of OC San’s digital records, meets integrity, security, and availability requirements. Using Laserfiche for
digital records is preferred because this system prevents manipulation and unauthorized deletion of the scanned images and provides enhanced security and permission restrictions to aid management of the digital collection. In addition, OC San uses Restorvault which allows the Laserfiche application to meet the
definition of a trusted system. The State of California defines a trusted system as, “a combination of techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or reproduced by the system could differ substantially from the document that is originally stored”. (Source:
California Government Code §12168.7(c)) 9.0 PERFORMANCE & MONITORING 9.1 The Custodian of Records and IT Division are responsible for the
performance standards and monitoring plans contained in this policy. 9.2 Performance Standards 9.2.1 Cost effectiveness of digitization projects:
9.2.1.1 Increased availability of OC San records to the public and appropriate personnel with a need for access. 9.2.1.2 Reduced risk of damage or inaccessibility to OC San
records currently maintained in paper format. 9.3 Monitoring Plans 9.3.1 Sampling and validating digitized collections for integrity, security,
and availability. 9.3.1.1 Scheduling (for retention) and reviewing the ECMS used to maintain digitized collections.
BOARD OF DIRECTORS
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4682 Agenda Date:3/25/2026 Agenda Item No:5.
FROM:Robert Thompson, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
COMMITTEE MEETING MINUTES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Receive and file the following:
A. Minutes of the Steering Committee Meeting held January 28, 2026
B. Minutes of the Operations Committee Meeting held February 4, 2026
C. Minutes of the Administration Committee Meeting held February 11, 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 24-09
ADDITIONAL INFORMATION
The minutes of the Committee meetings are approved at their respective Committees and brought
forth to the Board of Directors for receive and file only.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Minutes of the Monthly Committee Meetings
Orange County Sanitation District Printed on 3/17/2026Page 1 of 1
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Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, January 28, 2026
5:00 PM
Huntington Beach Room
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Steering Committee of the Orange County Sanitation District was
called to order by Board Chairman Ryan Gallagher on Wednesday, January 28, 2026 at 5:00
p.m. in the Orange County Sanitation District Headquarters.
ROLL CALL AND DECLARATION OF QUORUM:
The Clerk of the Board declared a quorum present as follows:
PRESENT:Ryan Gallagher, Jon Dumitru, Pat Burns, Carlos Leon, Christine
Marick, Chad Wanke and John Withers
ABSENT:None
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Jennifer Cabral, Director of Communications; Mike Dorman, Director of
Engineering; Laura Maravilla, Director of Human Resources; Riaz Moinuddin, Director of
Operations and Maintenance; Wally Ritchie, Director of Finance; Lan Wiborg, Director of
Environmental Services; Kelly Lore, Clerk of the Board; Mo Abiodun; Mortimer Caparas;
Daisy Covarrubias; Raul Cuellar; Don Cutler; Thys DeVries; Martin Dix; Al Garcia; David
Haug; Rob Michaels; Tania Moore; Kevin Work; Sammady Yi; and Ruth Zintzun were present
in the Huntington Beach Room.
OTHERS PRESENT: Scott Smith, General Counsel; Director Ted Bui, Fountain Valley City
Manager Maggie Le; and Alternate Director Glenn Grandis were present in the Huntington
Beach Room.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Gallagher reported on his recent appointments: Director Carlos Leon to Operations
Committee Vice-Chair and Member-at-Large on the Steering Committee; Director Jamie
Valencia moved from Operations Committee to Administration Committee and was appointed
as the Administration Committee Vice-Chair and as an Alternate to OCCOG; Director Ted Bui
was appointed to the Audit Ad Hoc Committee; Director Debbie Baker moved from
Operations Committee to Administration Committee; and Director John Withers moved from
Administration Committee to Operations Committee.
Page 1 of 5
STEERING COMMITTEE Minutes January 28, 2026
General Manager Rob Thompson did not provide a report.
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2026-4692
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Carlos Leon, Christine
Marick and Chad Wanke
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
NON-CONSENT:
2.UPDATE TO RULES OF PROCEDURE FOR THE CONDUCT OF
BUSINESS OF THE ORANGE COUNTY SANITATION DISTRICT
2026-4659
Originator: Jennifer Cabral
Recommend to the Board of Directors as amended to:
A. Approve a Board of Directors Policy to implement new Brown Act amendments
regarding meeting disruption procedures pursuant to Senate Bill 707; and
B. Adopt Resolution No. OC SAN 26-02 entitled: “A Resolution of the Board of
Directors of the Orange County Sanitation District establishing Rules of
Procedure for the Conduct of Business of the Orange County Sanitation District,
and repealing Resolution No. OC SAN 24-09”; which includes changes to pages
11 and 12 to allow for the appointment of either 13 or 14 members to either the
Operations Committee or the Administration Committee as determined by the
Board Chairperson.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Carlos Leon, Christine
Marick and Chad Wanke
Page 2 of 5
STEERING COMMITTEE Minutes January 28, 2026
NOES:None
ABSENT:John Withers
ABSTENTIONS:None
Director Withers arrived at the meeting at 5:14 p.m. during public comment on Item No. 3.
Fountain Valley City Manager, Maggie Lee and Alternate Director Glenn Grandis provided
comment in opposition of Item No. 3.
3.COMPENSATION TO GOVERNMENT ENTITIES AS A RESULT OF
THE ORANGE COUNTY SANITATION DISTRICT ACQUIRING REAL
PROPERTY IN THEIR JURISDICTION
2026-4771
Originator: Lorenzo Tyner
Approve a policy which states that Orange County Sanitation District (OC San) should
not compensate government entities for potential loss of revenue, including sales tax,
property tax or economic opportunity when OC San acquires real property in the
entity’s jurisdiction.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Carlos Leon, Christine
Marick, Chad Wanke and John Withers
NOES:None
ABSENT:None
ABSTENTIONS:None
4.GENERAL MANAGER’S FY 2025-2026 WORK PLAN MID-YEAR
REPORT
2026-4718
Originator: Rob Thompson
Receive and file the General Manager’s FY 2025-2026 Work Plan Mid-Year Report.
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Carlos Leon, Christine
Marick, Chad Wanke and John Withers
NOES:None
ABSENT:None
ABSTENTIONS:None
Page 3 of 5
STEERING COMMITTEE Minutes January 28, 2026
5.ORANGE COUNTY SANITATION DISTRICT’S MEMBERSHIPS AND
AGREEMENTS
2026-4679
Originator: Rob Thompson
AYES:Ryan Gallagher, Jon Dumitru, Pat Burns, Carlos Leon, Christine
Marick, Chad Wanke and John Withers
NOES:None
ABSENT:None
ABSTENTIONS:None
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54957(b)(1).
The Committee convened in closed session at 5:33 p.m. Confidential minutes of the Closed
Sessions have been prepared in accordance with the above Government Code Sections and
are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board
and Committee Closed Session meetings.
CS-1 2025-4592
CONVENED IN CLOSED SESSION:
Public Employee Performance Evaluation
Number of Employees: 1
·General Counsel
Page 4 of 5
STEERING COMMITTEE Minutes January 28, 2026
RECONVENED IN REGULAR SESSION.
The Committee reconvened in regular session at 5:49 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Scott Smith did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Gallagher declared the meeting adjourned at 5:50 p.m. to the next Regular Steering
Committee meeting to be held on Wednesday, February 25, 2026 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 5 of 5
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
Orange County Sanitation District
Minutes for the
ADMINISTRATION COMMITTEE
Wednesday, February 11, 2026
5:00 PM
Headquarters - Board Room
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Administration Committee of the Orange County Sanitation District
was called to order by Committee Chair Christine Marick on Wednesday, February 11, 2026
at 5:00 p.m. in the Orange County Sanitation District Headquarters. Committee Vice Chair
Jamie Valencia led the Pledge of Allegiance.
ROLL CALL AND DECLARATION OF QUORUM:
The Clerk of the Board declared a quorum present as follows:
PRESENT:Debbie Baker, Jon Dumitru, Ryan Gallagher, Melinda Liu, Christine
Marick, Jose Medrano, Jordan Nefulda, Andrew Nguyen, David
Shawver, Jamie Valencia, Chad Wanke, Erik Weigand and Kelly
McBride (Alternate)
ABSENT:Ted Bui
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Jennifer Cabral, Director of Communications; Mike Dorman, Director of
Engineering; Laura Maravilla, Director of Human Resources; Riaz Moinuddin, Director of
Operations and Maintenance; Wally Ritchie, Director of Finance; Lan Wiborg, Director of
Environmental Services; Kelly Lore, Clerk of the Board; Mo Abiodun; Jon Bradley; Mortimer
Caparas; Sam Choi; Daisy Covarrubias; Thys DeVries; Al Garcia; Mark Kawamoto; Rebecca
Long; Tom Meregillano; Rob Michaels; Tania Moore; Don Stokes; Thomas Vu; Kevin Work;
Sammady Yi; and Ruth Zintzun were present in the Board Room.
OTHERS PRESENT: Scott Smith, General Counsel; and Cori Takkinen, Townsend Public
Affairs were present in the Board Room. Eric Sapirstein, ENS was present virtually.
PUBLIC COMMENTS:
None.
Clerk of the Board Kelly Lore stated that communication had been received after the
publication of the agenda. Staff requested that Item No. 3 be pulled from consideration; and
the Clerk noted that additional corrections had been made to the Draft Conflict of Interest
Code in Item No. 4.
REPORTS:
Chair Marick notified the Committee that OC San Administrative Offices would be closed on
Monday, February 16, in observance of Presidents’ Day.
Page 1 of 7
ADMINISTRATION
COMMITTEE
Minutes February 11, 2026
Chair Marick congratulated Jaime Valencia on her appointment as Vice Chair of the
Administration Committee and thanked Alternate Director Glenn Grandis for his dedication
and leadership as the former Committee Vice Chair. She also welcomed Director Debbie
Baker to the Administration Committee and stated that Director John Withers had transferred
to the Operations Committee.
General Manager Rob Thompson did not provide a report.
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2026-4729
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Regular meeting of the Administration Committee held
December 10, 2025.
AYES:Debbie Baker, Jon Dumitru, Ryan Gallagher, Melinda Liu, Christine
Marick, Jose Medrano, Jordan Nefulda, Andrew Nguyen, David
Shawver, Jamie Valencia, Chad Wanke, Erik Weigand and Kelly
McBride (Alternate)
NOES:None
ABSENT:Ted Bui
ABSTENTIONS:None
2.UPDATE TO RECORDS MANAGEMENT PROGRAM PROCEDURES
AND RECORDS RETENTION SCHEDULE RESOLUTION
2025-4628
Originator: Jennifer Cabral
Adopt Resolution No. OC SAN 26-XX entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District Adopting the Records Management Program
Procedures and Records Retention Schedule, Authorizing Destruction of Obsolete
Records, and Repealing Resolution No. OC SAN 24-15”.
AYES:Debbie Baker, Jon Dumitru, Ryan Gallagher, Melinda Liu, Christine
Marick, Jose Medrano, Jordan Nefulda, Andrew Nguyen, David
Shawver, Jamie Valencia, Chad Wanke, Erik Weigand and Kelly
McBride (Alternate)
NOES:None
ABSENT:Ted Bui
ABSTENTIONS:None
Page 2 of 7
ADMINISTRATION
COMMITTEE
Minutes February 11, 2026
3.THICKENING AND DEWATERING BUILDING HVAC REPLACEMENT
AT PLANT NO. 1
2025-4634
Originator: Lorenzo Tyner
ITEM PULLED FROM CONSIDERATION.
A. Approve a Purchase Order Contract and a Master Turnkey Agreement with
Trane U.S. Inc. for HVAC replacement at the Thickening and Dewatering
Building at Plant No. 1, using the OMNIA Partners (formerly National IPA)
Cooperative Contract No. 3341 for a total amount not to exceed $546,525; and
B. Approve a contingency of $54,652 (10%).
4.2026 CONFLICT OF INTEREST CODE 2026-4660
Originator: Kelly Lore
Adopt Resolution No. OC SAN 26-XX entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District adopting a Conflict of Interest Code which
supersedes all prior Conflict of Interest Codes and amendments previously adopted”.
AYES:Debbie Baker, Jon Dumitru, Ryan Gallagher, Melinda Liu, Christine
Marick, Jose Medrano, Jordan Nefulda, Andrew Nguyen, David
Shawver, Jamie Valencia, Chad Wanke, Erik Weigand and Kelly
McBride (Alternate)
NOES:None
ABSENT:Ted Bui
ABSTENTIONS:None
5.MID-YEAR TREASURER’S REPORT FOR THE PERIOD ENDED
DECEMBER 31, 2025
2026-4742
Originator: Wally Ritchie
Receive and file the Orange County Sanitation District Mid-Year Treasurer’s Report for
the period ended December 31, 2025.
AYES:Debbie Baker, Jon Dumitru, Ryan Gallagher, Melinda Liu, Christine
Marick, Jose Medrano, Jordan Nefulda, Andrew Nguyen, David
Shawver, Jamie Valencia, Chad Wanke, Erik Weigand and Kelly
McBride (Alternate)
NOES:None
Page 3 of 7
ADMINISTRATION
COMMITTEE
Minutes February 11, 2026
ABSENT:Ted Bui
ABSTENTIONS:None
6.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JANUARY 2026 2026-4768
Originator: Jennifer Cabral
Receive and file the Public Affairs Update for the month of January 2026.
AYES:Debbie Baker, Jon Dumitru, Ryan Gallagher, Melinda Liu, Christine
Marick, Jose Medrano, Jordan Nefulda, Andrew Nguyen, David
Shawver, Jamie Valencia, Chad Wanke, Erik Weigand and Kelly
McBride (Alternate)
NOES:None
ABSENT:Ted Bui
ABSTENTIONS:None
7.GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS
TO THE PRE-APPROVED OEM SOLE SOURCE LIST
2026-4779
Originator: Wally Ritchie
A. Receive and file Orange County Sanitation District purchases made under the
General Manager’s authority for the period of October 1, 2025, to December 31,
2025; and
B. Approve the following additions to the pre-approved Original Equipment
Manufacturers (OEM) Sole Source List:
·B&K Valves & Equipment - Val-Matic Series Surgebuster Check Valve
·Auvesy-MDT - Software Support Subscription License Renewal
·Val-Matic Valve and Manufacturing Corp. - Val-Matic Products
·MDT Inc - Auvesy-MDT Software Support Subscription License Renewal
AYES:Debbie Baker, Jon Dumitru, Ryan Gallagher, Melinda Liu, Christine
Marick, Jose Medrano, Jordan Nefulda, Andrew Nguyen, David
Shawver, Jamie Valencia, Chad Wanke, Erik Weigand and Kelly
McBride (Alternate)
NOES:None
ABSENT:Ted Bui
ABSTENTIONS:None
Page 4 of 7
ADMINISTRATION
COMMITTEE
Minutes February 11, 2026
NON-CONSENT:
8.2026-4772
Originator: Jennifer Cabral
Receive and file the Legislative Affairs Update for the months of December 2025 and
January 2026.
AYES:Debbie Baker, Jon Dumitru, Ryan Gallagher, Melinda Liu, Christine
Marick, Jose Medrano, Jordan Nefulda, Andrew Nguyen, David
Shawver, Jamie Valencia, Chad Wanke, Erik Weigand and Kelly
McBride (Alternate)
NOES:None
ABSENT:Ted Bui
ABSTENTIONS:None
9.ENCROACHMENT AGREEMENT AT 1820 E. 1ST STREET, SANTA
ANA, CA 92705
2026-4661
Originator: Lorenzo Tyner
Recommend to the Board of Director to:
A. Approve and authorize the General Manager to execute an Encroachment
Agreement with 1820 East 1st Street LLC, a Delaware limited liability company,
for the installation of a walkway, fencing, and landscaping at 1820 E. 1st Street,
Santa Ana, CA 92705, in a form approved by General Counsel; and
B. That the Clerk of the Board is hereby authorized and directed to record said
Agreement in the official records of the Orange County Clerk-Recorder’s Office.
AYES:Debbie Baker, Jon Dumitru, Ryan Gallagher, Melinda Liu, Christine
Marick, Jose Medrano, Jordan Nefulda, Andrew Nguyen, David
Shawver, Jamie Valencia, Chad Wanke, Erik Weigand and Kelly
McBride (Alternate)
NOES:None
ABSENT:Ted Bui
Page 5 of 7
ADMINISTRATION
COMMITTEE
Minutes February 11, 2026
ABSTENTIONS:None
10.MID-YEAR FINANCIAL REPORT FOR THE PERIOD ENDED
DECEMBER 31, 2025
2026-4665
Originator: Wally Ritchie
Receive and file the Orange County Sanitation District Mid-Year Financial Report for
the period ended December 31, 2025.
AYES:Debbie Baker, Jon Dumitru, Ryan Gallagher, Melinda Liu, Christine
Marick, Jose Medrano, Jordan Nefulda, Andrew Nguyen, David
Shawver, Jamie Valencia, Chad Wanke, Erik Weigand and Kelly
McBride (Alternate)
NOES:None
ABSENT:Ted Bui
ABSTENTIONS:None
INFORMATION ITEMS:
11.WET WEATHER PREPARATION AND RESPONSES 2026-4780
Originator: Riaz Moinuddin
Information Item.
12.RATE SETTING PROCESS 2026-4782
Originator: Wally Ritchie
Page 6 of 7
ADMINISTRATION
COMMITTEE
Minutes February 11, 2026
The presentation included an overview of Proposition 218, the legal requirements
under Proposition 218, the proper steps, cost of service study, public transparency, the
timeline, takeaways, and the recommendation.
ITEM RECEIVED AS AN:
Information Item.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Marick declared the meeting adjourned at 5:28 p.m. to the next Regular Administration
Committee meeting to be held on Wednesday, March 11, 2026 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 7 of 7
BOARD OF DIRECTORS
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4746 Agenda Date:3/25/2026 Agenda Item No:6.
FROM:Robert Thompson, General Manager
Originator: Wally Ritchie, Director of Finance
SUBJECT:
REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF FEBRUARY 2026
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Receive and file the following:
Report of the Investment Transactions for the month of February 2026.
BACKGROUND
The CA Government Code requires that a monthly report of investment transactions be provided to
the legislative body.Attached is the monthly report of investment transactions for the month ended
February 28, 2026.
RELEVANT STANDARDS
·CA Government Code Section 53607
PRIOR COMMITTEE/BOARD ACTIONS
N/A
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Report of the Investment Transactions - February 2026
Orange County Sanitation District Printed on 3/17/2026Page 1 of 1
powered by Legistar™
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
Account Beginning Cash Principal Cash: -
25,510,882.61
Income Cash:
25,510,882.61
Total Cash: -
29-Jan-
26
29-Jan-26 912797RK
5
I 310 INTEREST EARNED ON U
S TREASURY BILL
1/29/26 $1 PV ON
5000000.0000 SHARES
DUE 1/29/2026 5,000,000
PAR VALUE AT 100 %
-----18,746.67 ---SEI
29-Jan-
26
29-Jan-26 3130AKVY
9
I 310 INTEREST EARNED ON F
H L B DEB 0.520%
1/29/26 $1 PV ON
415000.0000 SHARES
DUE 1/29/2026
-----1,079.00 ---SEI
29-Jan-
26
29-Jan-26 3130AKTT
3
FHL0426C
I 310 INTEREST EARNED ON F
H L B DEB 1.000%
1/29/26 $1 PV ON
100000.0000 SHARES
DUE 1/29/2026
-----500.00 ---SEI
29-Jan-
26
29-Jan-
26
29-Jan-26 3130AKVY
9
P 20 MATURED PAR VALUE
OF F H L B DEB
0.520% 1/29/26 415,000
PAR VALUE AT 100 %
-415,000.0000 100.0
000
---415,000.00 -407,376.45 7,623.55 -SEI
29-Jan-
26
29-Jan-
26
29-Jan-26 912797RK
5
P 20 MATURED PAR VALUE
OF U S TREASURY BILL
1/29/26 5,000,000
PAR VALUE AT 100 %
-
5,000,000.000
0
100.0
000
---4,981,253.33 -
4,981,253.33
--SEI
29-Jan-
26
29-Jan-
26
29-Jan-26 3130AKTT
3
FHL0426C
P 20 MATURED PAR VALUE
OF F H L B DEB
1.000% 1/29/26 100,000
PAR VALUE AT 100 %
-100,000.0000 100.0
000
---100,000.00 -99,728.50 271.50 -SEI
29-Jan-
26
29-Jan-
26
29-Jan-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
5,516,579.000
0
-----5,516,579.00 5,516,579.00 --SEI
29-Jan-
26
29-Jan-
26
29-Jan-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-
5,499,450.000
0
----5,499,450.00 -
5,499,450.00
--SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 1 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
29-Jan-
26
29-Jan-
26
29-Jan-26 14912EAW
7
P 10 PURCHASED PAR VALUE
OF CATERPILLAR FINL
SVCS C P 1/30/26 /BOFA
SECURITIES, INC./FXD
INC/5,500,000 PAR VALUE
AT 99.99 %
5,500,000.000
0
99.99
00
----5,499,450.00 5,499,450.00 --SEI
Post Date 29-Jan-26 Total ----28,220.72 7,895.05 -SEI
30-Jan-
26
30-Jan-26 313589SL8 I 310 INTEREST EARNED ON F
N M A DISC NT
1/30/26 $1 PV ON
1000000.0000 SHARES
DUE 1/30/2026 1,000,000
PAR VALUE AT 100 %
-----400.00 ---SEI
30-Jan-
26
30-Jan-26 313589SL8 I 310 INTEREST EARNED ON F
N M A DISC NT
1/30/26 $1 PV ON
1450000.0000 SHARES
DUE 1/30/2026 1,450,000
PAR VALUE AT 100 %
-----1,814.51 ---SEI
30-Jan-
26
30-Jan-26 313385SL1
FHL13026
I 310 INTEREST EARNED ON F
H L B DISC NTS
1/30/26 $1 PV ON
4900000.0000 SHARES
DUE 1/30/2026 4,900,000
PAR VALUE AT 100 %
-----18,029.28 ---SEI
30-Jan-
26
30-Jan-26 313385SL1
FHL13026
I 310 INTEREST EARNED ON F
H L B DISC NTS
1/30/26 $1 PV ON
200000.0000 SHARES
DUE 1/30/2026 200,000
PAR VALUE AT 100 %
-----80.00 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 2 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
30-Jan-
26
30-Jan-26 14912EAW
7
I 310 INTEREST EARNED ON
CATERPILLAR FINL SVCS
C P 1/30/26 $1 PV ON
5500000.0000 SHARES
DUE 1/30/2026 5,500,000
PAR VALUE AT 100 %
-----550.00 ---SEI
30-Jan-
26
30-Jan-26 313385SL1
FHL13026
I 310 INTEREST EARNED ON F
H L B DISC NTS
1/30/26 $1 PV ON
3200000.0000 SHARES
DUE 1/30/2026 3,200,000
PAR VALUE AT 100 %
-----2,848.00 ---SEI
30-Jan-
26
30-Jan-26 713448FP
8
PIS5126
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF PEPSICO
INC SR FLT 4.61855%
2/13/26
------12,781.92 ---SEI
30-Jan-
26
30-Jan-26 713448FP
8
PIS5126
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF PEPSICO
INC SR FLT 4.61855%
2/13/26
------5,477.96 ---SEI
30-Jan-
26
29-Jan-
26
30-Jan-26 713448FP
8
PIS5126
P 10 PURCHASED PAR VALUE
OF PEPSICO INC SR FLT
4.61855% 2/13/26
/MIZUHO SECURITIES
USA INC./1,400,000 PAR
VALUE AT 100.014 %
1,400,000.000
0
100.0
140
----1,400,196.00 1,400,196.00 --SEI
30-Jan-
26
29-Jan-
26
30-Jan-26 713448FP
8
PIS5126
P 10 PURCHASED PAR VALUE
OF PEPSICO INC SR FLT
4.61855% 2/13/26 /RBC
CAPITAL MARKETS,
LLC/600,000 PAR VALUE
AT 100.012 %
600,000.0000 100.0
120
----600,072.00 600,072.00 --SEI
30-Jan-
26
30-Jan-
26
30-Jan-26 313385SL1
FHL13026
P 20 MATURED PAR VALUE
OF F H L B DISC NTS
1/30/26 200,000 PAR
VALUE AT 100 %
-200,000.0000 100.0
000
---199,920.00 -199,920.00 --SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 3 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
30-Jan-
26
30-Jan-
26
30-Jan-26 313589SL8 P 20 MATURED PAR VALUE
OF F N M A DISC NT
1/30/26 1,450,000 PAR
VALUE AT 100 %
-
1,450,000.000
0
100.0
000
---1,448,185.49 -
1,448,185.49
--SEI
30-Jan-
26
30-Jan-
26
30-Jan-26 313589SL8 P 20 MATURED PAR VALUE
OF F N M A DISC NT
1/30/26 1,000,000 PAR
VALUE AT 100 %
-
1,000,000.000
0
100.0
000
---999,600.00 -999,600.00 --SEI
30-Jan-
26
30-Jan-
26
30-Jan-26 313385SL1
FHL13026
P 20 MATURED PAR VALUE
OF F H L B DISC NTS
1/30/26 4,900,000 PAR
VALUE AT 100 %
-
4,900,000.000
0
100.0
000
---4,881,970.72 -
4,881,970.72
--SEI
30-Jan-
26
30-Jan-
26
30-Jan-26 14912EAW
7
P 20 MATURED PAR VALUE
OF CATERPILLAR FINL
SVCS C P 1/30/26
5,500,000 PAR VALUE AT
100 %
-
5,500,000.000
0
100.0
000
---5,499,450.00 -
5,499,450.00
--SEI
30-Jan-
26
30-Jan-
26
30-Jan-26 313385SL1
FHL13026
P 20 MATURED PAR VALUE
OF F H L B DISC NTS
1/30/26 3,200,000 PAR
VALUE AT 100 %
-
3,200,000.000
0
100.0
000
---3,197,152.00 -
3,197,152.00
--SEI
30-Jan-
26
30-Jan-
26
30-Jan-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
16,250,000.00
00
-----
16,250,000.00
16,250,000.0
0
--SEI
30-Jan-
26
30-Jan-
26
30-Jan-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-
5,311,915.050
0
----5,311,915.05 -
5,311,915.05
--SEI
30-Jan-
26
30-Jan-
26
30-Jan-26 912797PM
3
21926
P 10 PURCHASED PAR VALUE
OF U S TREASURY BILL
2/19/26 /NMRIUS33
NOMURA SECS INTL
NY/3,300,000 PAR VALUE
AT 99.79961121 %
3,300,000.000
0
99.79
96
----3,293,387.17 3,293,387.17 --SEI
Post Date 30-Jan-26 Total ----5,461.91 --SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 4 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
02-Feb-
26
02-Feb-26 59157UB
25
I 310 INTEREST EARNED ON
METLIFE SHORT TERM
FDG C P 2/02/26 $1 PV
ON 2100000.0000
SHARES DUE 2/2/2026
2,100,000 PAR VALUE AT
100 %
-----10,490.08 ---SEI
02-Feb-
26
02-Feb-26 93114FB
29
I 310 INTEREST EARNED ON
WAL MART INC C P
2/02/26 $1 PV ON
6900000.0000 SHARES
DUE 2/2/2026 6,900,000
PAR VALUE AT 100 %
-----12,420.00 ---SEI
02-Feb-
26
02-Feb-26 3133EN7J
3
I 310 INTEREST EARNED ON F
F C B DEB 3.875%
2/02/26 $1 PV ON
250000.0000 SHARES
DUE 2/2/2026
-----4,843.75 ---SEI
02-Feb-
26
02-Feb-26 3133ERDN
8
FFC5426E
I 310 INTEREST EARNED ON F
F C B 3.90326%
2/02/26 $1 PV ON
4000000.0000 SHARES
DUE 2/2/2026
-----39,900.00 ---SEI
02-Feb-
26
02-Feb-26 91282CLT
6
UST4626B
I 310 INTEREST EARNED ON U
S TREASURY BILL
4.645% 10/31/26 $1 PV ON
2000000.0000 SHARES
DUE 1/31/2026
-----19,917.51 ---SEI
02-Feb-
26
02-Feb-26 91282CJU
6
UST4426A
I 310 INTEREST EARNED ON U
S TREASURY NT
4.48496% 1/31/26 $1 PV
ON 10000000.0000
SHARES DUE 1/31/2026
-----100,609.76 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 5 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
02-Feb-
26
02-Feb-26 P 210 CASH DISBURSEMENT
PAID TO ORANGE
COUNTY SANITATION
DISTRICT OUTGOING
DOMESTIC WIRE
TRANSFER FROM LIQUID
OPERATING PORTFOLIO
------
35,000,000.00
---SEI
02-Feb-
26
02-Feb-26 31846V567
FGZXX
I 310 INTEREST EARNED ON
FIRST AM GOVT OB FD
CL Z UNIT ON 0.0000
SHARES DUE 1/31/2026
INTEREST FROM 1/1/26
TO 1/31/26
-----20,100.58 ---SEI
02-Feb-
26
31-Jan-
26
31-Jan-26 91282CJU
6
UST4426A
P 20 MATURED PAR VALUE
OF U S TREASURY NT
4.48496% 1/31/26
10,000,000 PAR VALUE
AT 100 %
-
10,000,000.00
00
100.0
000
---10,000,000.00 -
10,001,428.2
4
-1,428.24 -SEI
02-Feb-
26
02-Feb-
26
02-Feb-26 59157UB
25
P 20 MATURED PAR VALUE
OF METLIFE SHORT
TERM FDG C P 2/02/26
2,100,000 PAR VALUE AT
100 %
-
2,100,000.000
0
100.0
000
---2,089,509.92 -
2,089,509.92
--SEI
02-Feb-
26
02-Feb-
26
02-Feb-26 3133ERDN
8
FFC5426E
P 20 MATURED PAR VALUE
OF F F C B
3.90326% 2/02/26
4,000,000 PAR VALUE AT
100 %
-
4,000,000.000
0
100.0
000
---4,000,000.00 -
4,000,040.00
-40.00 -SEI
02-Feb-
26
02-Feb-
26
02-Feb-26 93114FB
29
P 20 MATURED PAR VALUE
OF WAL MART INC C P
2/02/26 6,900,000 PAR
VALUE AT 100 %
-
6,900,000.000
0
100.0
000
---6,887,580.00 -
6,887,580.00
--SEI
02-Feb-
26
02-Feb-
26
02-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
23,294,743.75
00
-----
23,294,743.75
23,294,743.7
5
--SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 6 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
02-Feb-
26
02-Feb-
26
02-Feb-26 3133EN7J
3
P 20 MATURED PAR VALUE
OF F F C B DEB
3.875% 2/02/26 250,000
PAR VALUE AT 100 %
-250,000.0000 100.0
000
---250,000.00 -249,342.50 657.50 -SEI
02-Feb-
26
02-Feb-
26
02-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-
34,879,472.73
00
----34,879,472.73 -
34,879,472.7
3
--SEI
Post Date 02-Feb-26 Total ---20,100.58 -
34,812,629.6
4
-810.74 -SEI
03-Feb-
26
03-Feb-26 3133ER2H
3
I 310 INTEREST EARNED ON F
F C B DEB 4.125%
2/03/26 $1 PV ON
880000.0000 SHARES
DUE 2/3/2026
-----18,150.00 ---SEI
03-Feb-
26
03-Feb-26 46625
HQW3
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF
JPMORGAN CHASE CO
3.300% 4/01/26
------11,183.33 ---SEI
03-Feb-
26
03-Feb-
26
03-Feb-26 3133ER2H
3
P 20 MATURED PAR VALUE
OF F F C B DEB
4.125% 2/03/26 880,000
PAR VALUE AT 100 %
-880,000.0000 100.0
000
---880,000.00 -879,076.00 924.00 -SEI
03-Feb-
26
03-Feb-
26
03-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
918,250.5800 -----918,250.58 918,250.58 --SEI
03-Feb-
26
03-Feb-
26
03-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-992,209.3000 ----992,209.30 -992,209.30 --SEI
03-Feb-
26
03-Feb-
26
03-Feb-26 46625
HQW3
P 10 PURCHASED PAR VALUE
OF JPMORGAN CHASE
CO 3.300% 4/01/26 /TD
SECURITIES (USA)
LLC/1,000,000 PAR
VALUE AT 99.924 %
1,000,000.000
0
99.92
40
----999,240.00 999,240.00 --SEI
Post Date 03-Feb-26 Total ----38,314.61 46,205.28 924.00 -SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 7 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
09-Feb-
26
09-Feb-26 3130APSU
0
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF F H L B
DEB 1.110% 6/02/26
------4,183.32 ---SEI
09-Feb-
26
09-Feb-26 3134HAEY
5
I 310 INTEREST EARNED ON F
H L M C 5.430%
2/09/26 $1 PV ON
2000000.0000 SHARES
DUE 2/9/2026
-----19,857.78 ---SEI
09-Feb-
26
06-Feb-
26
09-Feb-26 3130APSU
0
P 10 PURCHASED PAR VALUE
OF F H L B DEB
1.110% 6/02/26 /STONEX
FINANCIAL INC./2,025,000
PAR VALUE AT 99.212 %
2,025,000.000
0
99.21
20
----2,009,043.00 2,009,043.00 --SEI
09-Feb-
26
09-Feb-
26
09-Feb-26 3134HAEY
5
P 20 MATURED PAR VALUE
OF F H L M C
5.430% 2/09/26 2,000,000
PAR VALUE AT 100 %
-
2,000,000.000
0
100.0
000
---2,000,000.00 -
2,000,064.12
-64.12 -SEI
09-Feb-
26
09-Feb-
26
09-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-13,226.3200 ----13,226.32 -13,226.32 --SEI
09-Feb-
26
09-Feb-
26
09-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
19,857.7800 -----19,857.78 19,857.78 --SEI
Post Date 09-Feb-26 Total ----15,610.34 -64.12 -SEI
13-Feb-
26
13-Feb-26 57629TBQ
9
MM66226
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF
MASSMUTUAL MTN
5.3153% 7/10/26
------4,121.86 ---SEI
13-Feb-
26
13-Feb-26 693475BB
0
I 310 INTEREST EARNED ON
PNC FINANCIAL
1.150% 8/13/26 $1 PV ON
1229000.0000 SHARES
DUE 2/13/2026
-----7,066.75 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 8 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
13-Feb-
26
13-Feb-26 713448FP
8
PIS5126
I 310 INTEREST EARNED ON
PEPSICO INC SR FLT
4.24089% 2/13/26 $1 PV
ON 2000000.0000
SHARES DUE 2/13/2026
-----21,675.67 ---SEI
13-Feb-
26
12-Feb-
26
13-Feb-26 57629TBQ
9
MM66226
P 10 PURCHASED PAR VALUE
OF MASSMUTUAL MTN
5.3153% 7/10/26
/MIZUHO SECURITIES
USA INC./1,000,000 PAR
VALUE AT 100.337 %
1,000,000.000
0
100.3
370
----1,003,370.00 1,003,370.00 --SEI
13-Feb-
26
13-Feb-
26
13-Feb-26 713448FP
8
PIS5126
P 20 MATURED PAR VALUE
OF PEPSICO INC SR FLT
4.24089% 2/13/26
2,000,000 PAR VALUE AT
100 %
-
2,000,000.000
0
100.0
000
---2,000,000.00 -
2,000,268.00
-268.00 -SEI
13-Feb-
26
13-Feb-
26
13-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
1,021,250.560
0
-----1,021,250.56 1,021,250.56 --SEI
Post Date 13-Feb-26 Total ----24,352.56 -268.00 -SEI
18-Feb-
26
18-Feb-26 3130ARDU
2
FHL2726D
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF F H L B
DEB 2.750% 3/25/26
------3,495.56 ---SEI
18-Feb-
26
18-Feb-26 86787GAJ
1
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF
SUNTRUST BANK
3.300% 5/15/26
------17,050.00 ---SEI
18-Feb-
26
18-Feb-26 3130AQTV
5
FHL2126D
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF F H L B
DEB 2.125% 2/24/26
------2,567.71 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 9 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
18-Feb-
26
18-Feb-26 912797PM
3
21926
I 310 INTEREST EARNED ON U
S TREASURY BILL
2/19/26 $1 PV ON
1600000.0000 SHARES
DUE 2/17/2026 1,600,000
PAR VALUE AT
99.99006812 %
-----6,319.09 ---SEI
18-Feb-
26
17-Feb-
26
18-Feb-26 3130AQTV
5
FHL2126D
P 10 PURCHASED PAR VALUE
OF F H L B DEB
2.125% 2/24/26 /MIZUHO
SECURITIES USA
INC./250,000 PAR VALUE
AT 99.9725 %
250,000.0000 99.97
25
----249,931.25 249,931.25 --SEI
18-Feb-
26
17-Feb-
26
18-Feb-26 3130ARDU
2
FHL2726D
P 10 PURCHASED PAR VALUE
OF F H L B DEB
2.750% 3/25/26 /MIZUHO
SECURITIES USA
INC./320,000 PAR VALUE
AT 99.9157 %
320,000.0000 99.91
57
----319,730.24 319,730.24 --SEI
18-Feb-
26
17-Feb-
26
18-Feb-26 86787GAJ
1
P 10 PURCHASED PAR VALUE
OF SUNTRUST BANK
3.300% 5/15/26
/USBCUS31 US
BANCORP INVEST
US/2,000,000 PAR VALUE
AT 99.864 %
2,000,000.000
0
99.86
40
----1,997,280.00 1,997,280.00 --SEI
18-Feb-
26
17-Feb-
26
18-Feb-26 912797PM
3
21926
P 20 SOLD PAR VALUE OF U S
TREASURY BILL
2/19/26 /J.P. MORGAN
SECURITIES
LLC/1,600,000 PAR
VALUE AT 99.99006812 %
-
1,600,000.000
0
99.99
01
---1,593,522.00 -
1,593,522.00
--SEI
18-Feb-
26
18-Feb-
26
18-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-990,213.6700 ----990,213.67 -990,213.67 --SEI
Post Date 18-Feb-26 Total -----16,794.18 --SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 10 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
19-Feb-
26
19-Feb-26 95040QAK
0
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF
WELLTOWER INC
2.700% 2/15/27
------325.20 ---SEI
19-Feb-
26
19-Feb-26 3130ALKB
9
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF F H L B
DEB 0.750% 3/17/26
------19,950.00 ---SEI
19-Feb-
26
19-Feb-26 912797PM
3
21926
I 310 INTEREST EARNED ON U
S TREASURY BILL
2/19/26 $1 PV ON
18950000.0000 SHARES
DUE 2/19/2026 18,950,000
PAR VALUE AT 100 %
-----63,474.94 ---SEI
19-Feb-
26
19-Feb-26 03785EBK
9
I 310 INTEREST EARNED ON
APPLE INC DISC COML C
P 2/19/26 $1 PV ON
4900000.0000 SHARES
DUE 2/19/2026 4,900,000
PAR VALUE AT 100 %
-----18,180.36 ---SEI
19-Feb-
26
19-Feb-26 459200JG
7
I 310 INTEREST EARNED ON
IBM CORP 3.450%
2/19/26 $1 PV ON
3472000.0000 SHARES
DUE 2/19/2026
-----59,892.00 ---SEI
19-Feb-
26
19-Feb-26 P 210 CASH DISBURSEMENT
PAID TO ORANGE
COUNTY SANITATION
DISTRICT OUTGOING
DOMESTIC WIRE
TRANSFER FROM LIQUID
OPERATING PORTFOLIO
------
20,000,000.00
---SEI
19-Feb-
26
19-Feb-26 17325FBE
7
CNA5826
I 310 INTEREST EARNED ON
CITIBANK N A
4.89738% 4/30/26 $1 PV
ON 1608000.0000
SHARES DUE 2/3/2026
-----18,214.03 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 11 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
19-Feb-
26
18-Feb-
26
19-Feb-26 912797UA
3
P 10 PURCHASED PAR VALUE
OF U S TREASURY BILL
6/16/26 /BMO-
CHICAGO
BRANCH/1,700,000 PAR
VALUE AT 98.83097529 %
1,700,000.000
0
98.83
10
----1,680,126.58 1,680,126.58 --SEI
19-Feb-
26
18-Feb-
26
19-Feb-26 95040QAK
0
P 10 PURCHASED PAR VALUE
OF WELLTOWER INC
2.700% 2/15/27 /J.P.
MORGAN SECURITIES
LLC/1,084,000 PAR
VALUE AT 98.934 %
1,084,000.000
0
98.93
40
----1,072,444.56 1,072,444.56 --SEI
19-Feb-
26
18-Feb-
26
19-Feb-26 3130ALKB
9
P 10 PURCHASED PAR VALUE
OF F H L B DEB
0.750% 3/17/26 /MIZUHO
SECURITIES USA
INC./1,575,000 PAR
VALUE AT 99.96 %
1,575,000.000
0
99.96
00
----1,574,370.00 1,574,370.00 --SEI
19-Feb-
26
19-Feb-
26
19-Feb-26 03785EBK
9
P 20 MATURED PAR VALUE
OF APPLE INC DISC
COML C P 2/19/26
4,900,000 PAR VALUE AT
100 %
-
4,900,000.000
0
100.0
000
---4,881,819.64 -
4,881,819.64
--SEI
19-Feb-
26
19-Feb-
26
19-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
23,034,675.66
00
-----
23,034,675.66
23,034,675.6
6
--SEI
19-Feb-
26
19-Feb-
26
19-Feb-26 459200JG
7
P 20 MATURED PAR VALUE
OF IBM CORP
3.450% 2/19/26 3,472,000
PAR VALUE AT 100 %
-
3,472,000.000
0
100.0
000
---3,472,000.00 -
3,470,854.24
1,145.76 -SEI
19-Feb-
26
19-Feb-
26
19-Feb-26 912797PM
3
21926
P 20 MATURED PAR VALUE
OF U S TREASURY BILL
2/19/26 18,950,000
PAR VALUE AT 100 %
-
18,950,000.00
00
100.0
000
---18,886,525.06 -
18,886,525.0
6
--SEI
19-Feb-
26
19-Feb-
26
19-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-
20,000,000.00
00
----20,000,000.00 -
20,000,000.0
0
--SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 12 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
Post Date 19-Feb-26 Total ---18,214.03 -
19,877,582.1
4
1,145.76 -SEI
20-Feb-
26
20-Feb-26 64953BBF
4
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF NEW
YORK LIFE 5.450%
9/18/26
------23,011.11 ---SEI
20-Feb-
26
20-Feb-26 3133EPCR
4
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF F F C B
DEB 4.750% 3/09/26
------23,367.36 ---SEI
20-Feb-
26
19-Feb-
26
20-Feb-26 3133EPCR
4
P 10 PURCHASED PAR VALUE
OF F F C B DEB
4.750% 3/09/26 /WELLS
FARGO SECURITIES,
LLC/1,100,000 PAR
VALUE AT 100.0713 %
1,100,000.000
0
100.0
713
----1,100,784.30 1,100,784.30 --SEI
20-Feb-
26
19-Feb-
26
20-Feb-26 64953BBF
4
P 10 PURCHASED PAR VALUE
OF NEW YORK LIFE
5.450% 9/18/26 /BOFA
SECURITIES, INC./FXD
INC/1,000,000 PAR VALUE
AT 100.966 %
1,000,000.000
0
100.9
660
----1,009,660.00 1,009,660.00 --SEI
20-Feb-
26
20-Feb-
26
20-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-
2,156,822.770
0
----2,156,822.77 -
2,156,822.77
--SEI
20-Feb-
26
20-Feb-
26
20-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-924,721.7300 ----924,721.73 -924,721.73 --SEI
20-Feb-
26
20-Feb-
26
20-Feb-26 30229BBP
1
P 10 PURCHASED PAR VALUE
OF EXXON MOBIL CORP
DISC C P 2/23/26 /BOFA
SECURITIES, INC./FXD
INC/925,000 PAR VALUE
AT 99.96991676 %
925,000.0000 99.96
99
----924,721.73 924,721.73 --SEI
Post Date 20-Feb-26 Total -----46,378.47 --SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 13 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
23-Feb-
26
23-Feb-26 30229BBP
1
I 310 INTEREST EARNED ON
EXXON MOBIL CORP
DISC C P 2/23/26 $1 PV
ON 925000.0000 SHARES
DUE 2/23/2026 925,000
PAR VALUE AT 100 %
-----278.27 ---SEI
23-Feb-
26
23-Feb-26 3133EPBJ
3
FFC8526
I 310 INTEREST EARNED ON F
F C B DEB 8.55978%
2/23/26 $1 PV ON
200000.0000 SHARES
DUE 2/23/2026
-----4,375.00 ---SEI
23-Feb-
26
23-Feb-26 3130B07B
9
I 310 INTEREST EARNED ON F
H L B DEB 4.425%
2/23/26 $1 PV ON
200000.0000 SHARES
DUE 2/23/2026
-----1,975.06 ---SEI
23-Feb-
26
23-Feb-
26
23-Feb-26 30229BBP
1
P 20 MATURED PAR VALUE
OF EXXON MOBIL CORP
DISC C P 2/23/26
925,000 PAR VALUE AT
100 %
-925,000.0000 100.0
000
---924,721.73 -924,721.73 --SEI
23-Feb-
26
23-Feb-
26
23-Feb-26 3133EPBJ
3
FFC8526
P 20 MATURED PAR VALUE
OF F F C B DEB
8.55978% 2/23/26 200,000
PAR VALUE AT 100 %
-200,000.0000 100.0
000
---200,000.00 -200,084.00 -84.00 -SEI
23-Feb-
26
23-Feb-
26
23-Feb-26 3130B07B
9
P 20 MATURED PAR VALUE
OF F H L B DEB
4.425% 2/23/26 200,000
PAR VALUE AT 100 %
-200,000.0000 100.0
000
---200,000.00 -200,141.48 -141.48 -SEI
23-Feb-
26
23-Feb-
26
23-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
1,329,375.000
0
-----1,329,375.00 1,329,375.00 --SEI
23-Feb-
26
23-Feb-
26
23-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-
1,322,890.970
0
----1,322,890.97 -
1,322,890.97
--SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 14 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
23-Feb-
26
23-Feb-
26
23-Feb-26 30229BBQ
9
P 10 PURCHASED PAR VALUE
OF EXXON MOBIL CORP
DISC C P 2/24/26
/CITIGROUP GLOBAL
MARKETS INC./1,325,000
PAR VALUE AT
99.98988906 %
1,325,000.000
0
99.98
99
----1,324,866.03 1,324,866.03 --SEI
Post Date 23-Feb-26 Total ----6,402.85 -225.48 -SEI
24-Feb-
26
24-Feb-26 166764BL3 I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF
CHEVRON 2.954%
5/16/26
------16,082.89 ---SEI
24-Feb-
26
24-Feb-26 30229BBQ
9
I 310 INTEREST EARNED ON
EXXON MOBIL CORP
DISC C P 2/24/26 $1 PV
ON 1325000.0000
SHARES DUE 2/24/2026
1,325,000 PAR VALUE AT
100 %
-----133.97 ---SEI
24-Feb-
26
24-Feb-26 3130AQTV
5
FHL2126D
I 310 INTEREST EARNED ON F
H L B DEB 2.125%
2/24/26 $1 PV ON
250000.0000 SHARES
DUE 2/24/2026
-----2,656.25 ---SEI
24-Feb-
26
24-Feb-26 3130B6US
3
I 310 INTEREST EARNED ON F
H L B DEB 4.380%
2/24/26 $1 PV ON
500000.0000 SHARES
DUE 2/24/2026
-----4,784.86 ---SEI
24-Feb-
26
23-Feb-
26
24-Feb-26 166764BL3 P 10 PURCHASED PAR VALUE
OF CHEVRON
2.954% 5/16/26
/BARCLAYS CAPITAL INC.
FIXED IN/2,000,000 PAR
VALUE AT 99.815 %
2,000,000.000
0
99.81
50
----1,996,300.00 1,996,300.00 --SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 15 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
24-Feb-
26
24-Feb-
26
24-Feb-26 30229BBQ
9
P 20 MATURED PAR VALUE
OF EXXON MOBIL CORP
DISC C P 2/24/26
1,325,000 PAR VALUE AT
100 %
-
1,325,000.000
0
100.0
000
---1,324,866.03 -
1,324,866.03
--SEI
24-Feb-
26
24-Feb-
26
24-Feb-26 3130B6US
3
P 20 MATURED PAR VALUE
OF F H L B DEB
4.380% 2/24/26 500,000
PAR VALUE AT 100 %
-500,000.0000 100.0
000
---500,000.00 -499,999.20 0.80 -SEI
24-Feb-
26
24-Feb-
26
24-Feb-26 3130AQTV
5
FHL2126D
P 20 MATURED PAR VALUE
OF F H L B DEB
2.125% 2/24/26 250,000
PAR VALUE AT 100 %
-250,000.0000 100.0
000
---250,000.00 -249,931.25 68.75 -SEI
24-Feb-
26
24-Feb-
26
24-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
65,273.3600 -----65,273.36 65,273.36 --SEI
24-Feb-
26
24-Feb-
26
24-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
4,784.8600 -----4,784.86 4,784.86 --SEI
Post Date 24-Feb-26 Total -----8,438.26 69.55 -SEI
25-Feb-
26
25-Feb-26 3137FQXJ
7
FHL2526C
I 310 INTEREST EARNED ON F
H L M C MLTCL MT
2.525% 10/25/26 $1 PV ON
2104.1700 SHARES DUE
2/25/2026 $0.00210/PV ON
1,000,000.00 PV DUE
2/25/26
-----2,104.17 ---SEI
25-Feb-
26
25-Feb-26 3130AL7E
8
I 310 INTEREST EARNED ON F
H L B DEB $1 PV ON
1000000.0000 SHARES
DUE 2/25/2026
-----3,000.00 ---SEI
25-Feb-
26
25-Feb-26 3130AL7B
4
FHL0826
AB
I 310 INTEREST EARNED ON F
H L B DEB 0.800%
2/25/26 $1 PV ON
500000.0000 SHARES
DUE 2/25/2026
-----2,000.00 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 16 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
25-Feb-
26
25-Feb-
26
25-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-
3,080,116.560
0
----3,080,116.56 -
3,080,116.56
--SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 30229BC
62
P 10 PURCHASED PAR VALUE
OF EXXON MOBIL CORP
DISC C P 3/06/26 /J.P.
MORGAN SECURITIES
LLC/625,000 PAR VALUE
AT 99.9092496 %
625,000.0000 99.90
93
----624,432.81 624,432.81 --SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 30231GAT
9
P 10 PURCHASED PAR VALUE
OF EXXON MOBIL CORP
3.043% 3/01/26 /BOFA
SECURITIES, INC./FXD
INC/2,425,000 PAR VALUE
AT 99.998 %
2,425,000.000
0
99.99
80
----2,424,951.50 2,424,951.50 --SEI
Post Date 25-Feb-26 Total ----38,261.16 39,099.86 -SEI
26-Feb-
26
26-Feb-26 912797TK
3
I 310 INTEREST EARNED ON U
S TREASURY BILL
4/28/26 $1 PV ON
2300000.0000 SHARES
DUE 2/25/2026 2,300,000
PAR VALUE AT
99.39317696 %
-----12,745.81 ---SEI
26-Feb-
26
26-Feb-26 3130ALGR
9
I 310 INTEREST EARNED ON F
H L B DEB 0.850%
2/26/26 $1 PV ON
500000.0000 SHARES
DUE 2/26/2026
-----2,125.00 ---SEI
26-Feb-
26
25-Feb-
26
26-Feb-26 912797SN
8
43026
P 10 PURCHASED PAR VALUE
OF U S TREASURY BILL
4/30/26 /BMO-
CHICAGO
BRANCH/2,300,000 PAR
VALUE AT 99.36667478 %
2,300,000.000
0
99.36
67
----2,285,433.52 2,285,433.52 --SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 18 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
26-Feb-
26
25-Feb-
26
26-Feb-26 912797TK
3
P 20 SOLD PAR VALUE OF U S
TREASURY BILL
4/28/26 /BMO-CHICAGO
BRANCH/2,300,000 PAR
VALUE AT 99.39317696 %
-
2,300,000.000
0
99.39
32
---2,273,297.26 -
2,273,297.26
--SEI
26-Feb-
26
26-Feb-
26
26-Feb-26 3130ALGR
9
P 20 MATURED PAR VALUE
OF F H L B DEB
0.850% 2/26/26 500,000
PAR VALUE AT 100 %
-500,000.0000 100.0
000
---500,000.00 -491,397.50 8,602.50 -SEI
26-Feb-
26
26-Feb-
26
26-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
502,734.5500 -----502,734.55 502,734.55 --SEI
26-Feb-
26
26-Feb-
26
26-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-524,946.9200 ----524,946.92 -524,946.92 --SEI
26-Feb-
26
26-Feb-
26
26-Feb-26 30229BBT
3
P 10 PURCHASED PAR VALUE
OF EXXON MOBIL CORP
DISC C P 2/27/26 /J.P.
MORGAN SECURITIES
LLC/525,000 PAR VALUE
AT 99.98988952 %
525,000.0000 99.98
99
----524,946.92 524,946.92 --SEI
Post Date 26-Feb-26 Total ----23,473.31 8,602.50 -SEI
27-Feb-
26
27-Feb-26 30229BBT
3
I 310 INTEREST EARNED ON
EXXON MOBIL CORP
DISC C P 2/27/26 $1 PV
ON 525000.0000 SHARES
DUE 2/27/2026 525,000
PAR VALUE AT 100 %
-----53.08 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 19 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LIQUID OPERATING PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
27-Feb-
26
27-Feb-26 14913UAK
6
CM55726
I 310 INTEREST EARNED ON
CATERPILLAR MTN
5.74486% 2/27/26 $1 PV
ON 1000000.0000
SHARES DUE 2/27/2026
-----10,759.07 ---SEI
27-Feb-
26
27-Feb-
26
27-Feb-26 30229BBT
3
P 20 MATURED PAR VALUE
OF EXXON MOBIL CORP
DISC C P 2/27/26
525,000 PAR VALUE AT
100 %
-525,000.0000 100.0
000
---524,946.92 -524,946.92 --SEI
27-Feb-
26
27-Feb-
26
27-Feb-26 14913UAK
6
CM55726
P 20 MATURED PAR VALUE
OF CATERPILLAR MTN
5.74486% 2/27/26
1,000,000 PAR VALUE AT
100 %
-
1,000,000.000
0
100.0
000
---1,000,000.00 -
1,001,550.00
-1,550.00 -SEI
27-Feb-
26
27-Feb-
26
27-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
1,525,000.000
0
-----1,525,000.00 1,525,000.00 --SEI
27-Feb-
26
27-Feb-
26
27-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
10,759.0700 -----10,759.07 10,759.07 --SEI
Post Date 27-Feb-26 Total ----9,262.15 -1,550.00 -SEI
Account 6745046600 Total -----
54,564,572.4
1
54,818.38 -SEI
Account Ending Cash Principal Cash: -
25,891,491.82
Income Cash:
25,891,491.82
Total Cash: -
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 20 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
Account Beginning Cash Principal Cash: -
113,594,559.21
Income Cash:
113,594,559.21
Total Cash: -
29-Jan-
26
29-Jan-26 369604BZ
5
I 310 INTEREST EARNED ON
GE AEROSPACE
4.300% 7/29/30 $1 PV ON
2600000.0000 SHARES
DUE 1/29/2026
-----55,900.00 ---SEI
29-Jan-
26
29-Jan-
26
29-Jan-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
55,900.0000 -----55,900.00 55,900.00 --SEI
Post Date 29-Jan-26 Total ----55,900.00 --SEI
02-Feb-
26
02-Feb-26 91282
CDW8
I 310 INTEREST EARNED ON U
S TREASURY NT
1.750% 1/31/29 $1 PV ON
8350000.0000 SHARES
DUE 1/31/2026
-----73,062.50 ---SEI
02-Feb-
26
02-Feb-26 91282CHR
5
I 310 INTEREST EARNED ON U
S TREASURY NT
4.000% 7/31/30 $1 PV ON
8325000.0000 SHARES
DUE 1/31/2026
-----166,500.00 ---SEI
02-Feb-
26
02-Feb-26 91282CGJ
4
I 310 INTEREST EARNED ON U
S TREASURY NT
3.500% 1/31/30 $1 PV ON
10425000.0000 SHARES
DUE 1/31/2026
-----182,437.50 ---SEI
02-Feb-
26
02-Feb-26 91282CCR
0
I 301 RECEIVED ACCRUED
INTEREST ON SALE OF U
S TREASURY NT
1.000% 7/31/28
-----316.30 ---SEI
02-Feb-
26
02-Feb-26 91282CHR
5
I 300 PAID ACCRUED
INTEREST ON
PURCHASE OF U S
TREASURY NT 4.000%
7/31/30
------1,325.97 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 21 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
02-Feb-
26
02-Feb-26 91282CCR
0
I 310 INTEREST EARNED ON U
S TREASURY NT
1.000% 7/31/28 $1 PV ON
5725000.0000 SHARES
DUE 1/31/2026
-----28,625.00 ---SEI
02-Feb-
26
02-Feb-26 31846V567
FGZXX
I 310 INTEREST EARNED ON
FIRST AM GOVT OB FD
CL Z UNIT ON 0.0000
SHARES DUE 1/31/2026
INTEREST FROM 1/1/26
TO 1/31/26
-----7,968.93 ---SEI
02-Feb-
26
30-Jan-
26
02-Feb-26 91282CCR
0
P 20 SOLD PAR VALUE OF U S
TREASURY NT 1.000%
7/31/28 /J.P. MORGAN
SECURITIES
LLC/5,725,000 PAR
VALUE AT 93.93716507 %
-
5,725,000.000
0
93.93
72
---5,377,902.70 -
5,195,193.28
5,379.07 177,330.
35
SEI
02-Feb-
26
30-Jan-
26
02-Feb-26 91282CHR
5
P 10 PURCHASED PAR VALUE
OF U S TREASURY NT
4.000% 7/31/30
/BARCLAYS CAPITAL INC.
FIXED IN/6,000,000 PAR
VALUE AT 101.015625 %
6,000,000.000
0
101.0
156
----6,060,937.50 6,060,937.50 --SEI
02-Feb-
26
02-Feb-
26
02-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-262,044.4700 ----262,044.47 -262,044.47 --SEI
02-Feb-
26
02-Feb-
26
02-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
28,625.0000 -----28,625.00 28,625.00 --SEI
Post Date 02-Feb-26 Total ---7,968.93 632,324.75 5,379.07 177,330.
35
SEI
03-Feb-
26
03-Feb-
26
03-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
7,968.9300 -----7,968.93 7,968.93 --SEI
Post Date 03-Feb-26 Total ----7,968.93 7,968.93 --SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 22 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
06-Feb-
26
06-Feb-26 24422EWK
1
I 301 RECEIVED ACCRUED
INTEREST ON SALE OF
DEERE JOHN MTN
4.150% 9/15/27
-----32,508.33 ---SEI
06-Feb-
26
06-Feb-26 89236TJZ9 I 301 RECEIVED ACCRUED
INTEREST ON SALE OF
TOYOTA MOTOR MTN
3.050% 3/22/27
-----22,705.56 ---SEI
06-Feb-
26
06-Feb-26 17325FBK
3
I 310 INTEREST EARNED ON
CITIBANK N A
4.838% 8/06/29 $1 PV ON
7500000.0000 SHARES
DUE 2/6/2026
-----181,425.00 ---SEI
06-Feb-
26
05-Feb-
26
06-Feb-26 24422EWK
1
P 20 SOLD PAR VALUE OF
DEERE JOHN MTN
4.150% 9/15/27
/BARCLAYS CAPITAL INC.
FIXED IN/2,000,000 PAR
VALUE AT 100.745 %
-
2,000,000.000
0
100.7
450
---2,014,900.00 -
1,972,620.00
-42,280.0
0
SEI
06-Feb-
26
05-Feb-
26
06-Feb-26 89236TJZ9 P 20 SOLD PAR VALUE OF
TOYOTA MOTOR MTN
3.050% 3/22/27 /RBC
CAPITAL MARKETS,
LLC/2,000,000 PAR
VALUE AT 99.318 %
-
2,000,000.000
0
99.31
80
---1,986,360.00 -
1,945,900.00
-40,460.0
0
SEI
06-Feb-
26
06-Feb-
26
06-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
4,237,898.890
0
-----4,237,898.89 4,237,898.89 --SEI
Post Date 06-Feb-26 Total ----319,378.89 -82,740.0
0
SEI
10-Feb-
26
10-Feb-26 91282CCV
1
I 301 RECEIVED ACCRUED
INTEREST ON SALE OF U
S TREASURY NT
1.125% 8/31/28
-----15,196.82 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 23 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
10-Feb-
26
03-Feb-
26
10-Feb-26 025816EN
5
P 10 PURCHASED PAR VALUE
OF AMERICAN EXPRESS
4.009% 2/09/29 /UBS
SECURITIES
LLC/1,877,000 PAR
VALUE AT 100.021 %
1,877,000.000
0
100.0
210
----1,877,394.17 1,877,394.17 --SEI
10-Feb-
26
03-Feb-
26
10-Feb-26 025816EN
5
P 10 PURCHASED PAR VALUE
OF AMERICAN EXPRESS
4.009% 2/09/29
/MORGAN STANLEY &
CO. LLC/4,523,000 PAR
VALUE AT 100 %
4,523,000.000
0
100.0
000
----4,523,000.00 4,523,000.00 --SEI
10-Feb-
26
09-Feb-
26
10-Feb-26 91282CCV
1
P 20 SOLD PAR VALUE OF U S
TREASURY NT 1.125%
8/31/28 /MORGAN
STANLEY & CO.
LLC/3,000,000 PAR
VALUE AT 94.187165 %
-
3,000,000.000
0
94.18
72
---2,825,614.95 -
2,819,882.81
5,732.14 -SEI
10-Feb-
26
10-Feb-
26
10-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-
3,559,582.400
0
----3,559,582.40 -
3,559,582.40
--SEI
Post Date 10-Feb-26 Total ----20,928.96 5,732.14 -SEI
11-Feb-
26
11-Feb-26 91282CJR
3
I 301 RECEIVED ACCRUED
INTEREST ON SALE OF U
S TREASURY NT
3.750% 12/31/28
-----21,210.29 ---SEI
11-Feb-
26
10-Feb-
26
11-Feb-26 91282CJR
3
P 20 SOLD PAR VALUE OF U S
TREASURY NT 3.750%
12/31/28 /J.P. MORGAN
SECURITIES
LLC/4,875,000 PAR
VALUE AT 100.58560246
%
-
4,875,000.000
0
100.5
856
---4,903,548.12 -
4,815,776.36
-87,771.7
6
SEI
11-Feb-
26
11-Feb-
26
11-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
4,924,758.410
0
-----4,924,758.41 4,924,758.41 --SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 24 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
Post Date 11-Feb-26 Total ----108,982.05 -87,771.7
6
SEI
12-Feb-
26
03-Feb-
26
12-Feb-26 36273VAD
7
P 10 PURCHASED PAR VALUE
OF GM FINL AM LS TR
3.880% 1/22/29 /WELLS
FARGO SECURITIES,
LLC/1,382,000 PAR
VALUE AT 99.98691027 %
1,382,000.000
0
99.98
69
----1,381,819.10 1,381,819.10 --SEI
12-Feb-
26
09-Feb-
26
12-Feb-26 883556DG
4
P 10 PURCHASED PAR VALUE
OF THERMO FISHER
4.215% 2/12/31 /WELLS
FARGO SECURITIES,
LLC/5,000,000 PAR
VALUE AT 100 %
5,000,000.000
0
100.0
000
----5,000,000.00 5,000,000.00 --SEI
12-Feb-
26
12-Feb-
26
12-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-
6,381,819.100
0
----6,381,819.10 -
6,381,819.10
--SEI
Post Date 12-Feb-26 Total -------SEI
17-Feb-
26
17-Feb-26 02582JKM
1
AE44529
I 310 INTEREST EARNED ON
AMERICAN EXP
4.560% 12/17/29 $1 PV ON
40416.8000 SHARES DUE
2/15/2026 $0.00380/PV ON
10,636,000.00 PV DUE
2/15/26
-----40,416.80 ---SEI
17-Feb-
26
17-Feb-26 14043KAK
1
I 310 INTEREST EARNED ON
CAPITAL ONE PRIME
4.760% 8/15/28 $1 PV ON
20785.3400 SHARES DUE
2/15/2026 $0.00397/PV ON
5,240,000.00 PV DUE
2/15/26
-----20,785.34 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 25 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
17-Feb-
26
17-Feb-26 12674BAB
1
CE44328
I 310 INTEREST EARNED ON
CNH EQUIPMENT
4.300% 8/15/28 $1 PV ON
8585.5900 SHARES DUE
2/15/2026 $0.00358/PV ON
2,395,978.94 PV DUE
2/15/26
-----8,585.59 ---SEI
17-Feb-
26
17-Feb-26 161571HV
9
I 310 INTEREST EARNED ON
CHASE ISSUE TR
4.600% 1/16/29 $1 PV ON
30820.0000 SHARES DUE
2/15/2026 $0.00383/PV ON
8,040,000.00 PV DUE
2/15/26
-----30,820.00 ---SEI
17-Feb-
26
17-Feb-26 3133TCE
95
FHL3032
I 310 INTEREST EARNED ON F
H L M C MLTCL MT
4.576% 8/15/32 $1 PV ON
4.3100 SHARES DUE
2/15/2026 $0.00381/PV ON
1,129.45 PV DUE
2/15/26
-----4.31 ---SEI
17-Feb-
26
17-Feb-26 43816DAC
9
I 310 INTEREST EARNED ON
HONDA AUTO
4.330% 3/15/29 $1 PV ON
7119.2400 SHARES DUE
2/15/2026 $0.00361/PV ON
1,973,000.00 PV DUE
2/15/26
-----7,119.24 ---SEI
17-Feb-
26
17-Feb-26 345282AD
9
I 310 INTEREST EARNED ON
FORD CREDIT AT
4.940% 6/15/28 $1 PV ON
18887.8700 SHARES DUE
2/15/2026 $0.00393/PV ON
4,802,000.00 PV DUE
2/15/26
-----18,887.87 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 26 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
17-Feb-
26
17-Feb-26 34528QHV
9
I 310 INTEREST EARNED ON
FORD CR FLP MASTER
0.00001% 5/15/28 $1 PV
ON 36900.0000 SHARES
DUE 2/15/2026
$0.00410/PV ON
9,000,000.00 PV DUE
2/15/26
-----36,900.00 ---SEI
17-Feb-
26
17-Feb-26 448984AD
6
I 310 INTEREST EARNED ON
HYUNDAI AUTO LEASE
4.620% 4/17/28 $1 PV ON
19250.0000 SHARES DUE
2/15/2026 $0.00385/PV ON
5,000,000.00 PV DUE
2/15/26
-----19,250.00 ---SEI
17-Feb-
26
17-Feb-26 44935CAD
3
I 310 INTEREST EARNED ON
HYUNDAI AUTO RECV TR
4.790% 10/15/29 $1 PV ON
15231.6000 SHARES DUE
2/15/2026 $0.00360/PV ON
4,231,000.00 PV DUE
2/15/26
-----15,231.60 ---SEI
17-Feb-
26
17-Feb-26 361886DK
7
I 310 INTEREST EARNED ON
GMF FLOORPL OWNE
4.680% 11/15/28 $1 PV ON
30069.0000 SHARES DUE
2/15/2026 $0.00390/PV ON
7,710,000.00 PV DUE
2/15/26
-----30,069.00 ---SEI
17-Feb-
26
17-Feb-26 47800BAC
2
JDO5027
I 310 INTEREST EARNED ON
JOHN DEERE OWNER
5.090% 6/15/27 $1 PV ON
3185.2100 SHARES DUE
2/15/2026 $0.00424/PV ON
750,932.83 PV DUE
2/15/26
-----3,185.21 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 27 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
17-Feb-
26
17-Feb-26 92887TAC
5
I 310 INTEREST EARNED ON
VOLVO FINANCIAL
4.460% 5/15/29 $1 PV ON
7619.1600 SHARES DUE
2/15/2026 $0.00372/PV ON
2,050,000.00 PV DUE
2/15/26
-----7,619.16 ---SEI
17-Feb-
26
17-Feb-26 47800DAD
6
I 310 INTEREST EARNED ON
JOHN DEERE OWNER TR
4.830% 9/17/29 $1 PV ON
10737.1500 SHARES DUE
2/15/2026 $0.00353/PV ON
3,046,000.00 PV DUE
2/15/26
-----10,737.15 ---SEI
17-Feb-
26
17-Feb-26 58773DAD
6
I 310 INTEREST EARNED ON
MERCEDES BENZ
4.780% 12/17/29 $1 PV ON
18960.6700 SHARES DUE
2/15/2026 $0.00398/PV ON
4,760,000.00 PV DUE
2/15/26
-----18,960.67 ---SEI
17-Feb-
26
17-Feb-26 91282CAE
1
I 310 INTEREST EARNED ON U
S TREASURY NT
0.625% 8/15/30 $1 PV ON
13500000.0000 SHARES
DUE 2/15/2026
-----42,187.50 ---SEI
17-Feb-
26
17-Feb-26 45818WFV
3
I 310 INTEREST EARNED ON
INTER AMER BK M T N
3.900% 8/15/29 $1 PV ON
1500000.0000 SHARES
DUE 2/15/2026
-----29,250.00 ---SEI
17-Feb-
26
17-Feb-26 31348SWZ
3
786064F
I 310 INTEREST EARNED ON F
H L M C #786064 5.762%
1/01/28 $1 PV ON 0.8800
SHARES DUE 2/15/2026
DECEMBER FHLMC
DUE 2/15/26
-----0.88 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 28 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
17-Feb-
26
17-Feb-26 26884TAY
8
I 310 INTEREST EARNED ON
ERAC USA FINANCE
5.000% 2/15/29 $1 PV ON
7250000.0000 SHARES
DUE 2/15/2026
-----181,250.00 ---SEI
17-Feb-
26
17-Feb-26 912828Z94 I 310 INTEREST EARNED ON U
S TREASURY NT
1.500% 2/15/30 $1 PV ON
15000000.0000 SHARES
DUE 2/15/2026
-----112,500.00 ---SEI
17-Feb-
26
17-Feb-26 91324PEP
3
I 310 INTEREST EARNED ON
UNITEDHEALTH
5.250% 2/15/28 $1 PV ON
5000000.0000 SHARES
DUE 2/15/2026
-----131,250.00 ---SEI
17-Feb-
26
17-Feb-26 706916AC
7
I 310 INTEREST EARNED ON
PENFED AUTO REC
4.650% 7/15/30 $1 PV ON
7401.7700 SHARES DUE
2/15/2026 $0.00336/PV ON
2,204,000.00 PV DUE
2/15/26
-----7,401.77 ---SEI
17-Feb-
26
17-Feb-26 47800AAC
4
JDO6827
I 310 INTEREST EARNED ON
JOHN DEERE OWNR TR
3.74001% 2/16/27 $1 PV
ON 769.1300 SHARES
DUE 2/15/2026
$0.00312/PV ON
246,779.47 PV DUE
2/15/26
-----769.13 ---SEI
17-Feb-
26
15-Feb-
26
17-Feb-26 3133TCE
95
FHL3032
P 20 PAID DOWN PAR VALUE
OF F H L M C MLTCL MT
4.576% 8/15/32
-38.2500 ----38.25 -38.29 --0.04 SEI
17-Feb-
26
15-Feb-
26
17-Feb-26 12674BAB
1
CE44328
P 20 PAID DOWN PAR VALUE
OF CNH EQUIPMENT
4.300% 8/15/28
-427,091.6500 ----427,091.65 -427,082.00 9.65 -SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 29 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
17-Feb-
26
15-Feb-
26
17-Feb-26 47800BAC
2
JDO5027
P 20 PAID DOWN PAR VALUE
OF JOHN DEERE OWNER
5.090% 6/15/27
-194,992.1800 ----194,992.18 -194,977.05 -15.13 SEI
17-Feb-
26
15-Feb-
26
17-Feb-26 31348SWZ
3
786064F
P 20 PAID DOWN PAR VALUE
OF F H L M C #786064
5.762% 1/01/28 JANUARY
FHLMC DUE 2/15/26
-7.2200 ----7.22 -7.04 -0.18 SEI
17-Feb-
26
15-Feb-
26
17-Feb-26 47800AAC
4
JDO6827
P 20 PAID DOWN PAR VALUE
OF JOHN DEERE OWNR
TR 3.74001% 2/16/27
-148,141.1200 ----148,141.12 -148,126.97 -14.15 SEI
17-Feb-
26
17-Feb-
26
17-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
1,387,139.620
0
-----1,387,139.62 1,387,139.62 --SEI
17-Feb-
26
17-Feb-
26
17-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
156,312.0200 -----156,312.02 156,312.02 --SEI
Post Date 17-Feb-26 Total ----773,220.29 9.65 29.42 SEI
20-Feb-
26
20-Feb-26 36225DCB
8
080965M
I 310 INTEREST EARNED ON G
N M A I I #080965 5.375%
7/20/34 $1 PV ON 51.8600
SHARES DUE 2/20/2026
JANUARY GNMA DUE
2/20/26
-----51.86 ---SEI
20-Feb-
26
20-Feb-26 36225CNM
4
080395M
I 310 INTEREST EARNED ON G
N M A I I #080395 5.625%
4/20/30 $1 PV ON 6.1700
SHARES DUE 2/20/2026
JANUARY GNMA DUE
2/20/26
-----6.17 ---SEI
20-Feb-
26
20-Feb-26 36225CC
20
080088M
I 310 INTEREST EARNED ON G
N M A I I #080088 5.625%
6/20/27 $1 PV ON 6.7500
SHARES DUE 2/20/2026
JANUARY GNMA DUE
2/20/26
-----6.75 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 30 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
20-Feb-
26
20-Feb-26 36225CAZ
9
080023M
I 310 INTEREST EARNED ON G
N M A I I #080023 5.125%
12/20/26 $1 PV ON 3.4400
SHARES DUE 2/20/2026
JANUARY GNMA DUE
2/20/26
-----3.44 ---SEI
20-Feb-
26
20-Feb-26 36225CN
28
080408M
I 310 INTEREST EARNED ON G
N M A I I #080408 5.625%
5/20/30 $1 PV ON 53.8200
SHARES DUE 2/20/2026
JANUARY GNMA DUE
2/20/26
-----53.82 ---SEI
20-Feb-
26
20-Feb-26 89239NAD
7
I 310 INTEREST EARNED ON
TOYOTA LEASE OWNER
4.750% 2/22/28 $1 PV ON
4378000.0000 SHARES
DUE 2/20/2026
-----17,329.58 ---SEI
20-Feb-
26
20-Feb-26 92348KDY
6
I 310 INTEREST EARNED ON
VERIZON MASTER
TRUST 4.510% 3/20/30 $1
PV ON 7731000.0000
SHARES DUE 2/20/2026
-----29,055.67 ---SEI
20-Feb-
26
20-Feb-
26
20-Feb-26 36225CN
28
080408M
P 20 PAID DOWN PAR VALUE
OF G N M A I I #080408
5.625% 5/20/30 JANUARY
GNMA DUE 2/20/26
-197.3200 ----197.32 -195.32 -2.00 SEI
20-Feb-
26
20-Feb-
26
20-Feb-26 36225DCB
8
080965M
P 20 PAID DOWN PAR VALUE
OF G N M A I I #080965
5.375% 7/20/34 JANUARY
GNMA DUE 2/20/26
-107.9700 ----107.97 -107.90 -0.07 SEI
20-Feb-
26
20-Feb-
26
20-Feb-26 36225CNM
4
080395M
P 20 PAID DOWN PAR VALUE
OF G N M A I I #080395
5.625% 4/20/30 JANUARY
GNMA DUE 2/20/26
-24.7800 ----24.78 -24.56 -0.22 SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 31 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
25-Feb-
26
25-Feb-26 31397QRE
0
FNM2841
I 310 INTEREST EARNED ON F
N M A GTD REMIC
2.472% 2/25/41 $1 PV ON
193.8900 SHARES DUE
2/25/2026 $0.00374/PV ON
51,798.52 PV DUE
2/25/26
-----193.89 ---SEI
25-Feb-
26
25-Feb-26 31410F4V
4
888336A
I 310 INTEREST EARNED ON F
N M A #888336 5.000%
7/01/36 $1 PV ON
181.6000 SHARES DUE
2/25/2026 JANUARY
FNMA DUE 2/25/26
-----181.60 ---SEI
25-Feb-
26
25-Feb-26 31406XWT
5
823358A
I 310 INTEREST EARNED ON F
N M A #823358 5.953%
2/01/35 $1 PV ON 52.3000
SHARES DUE 2/25/2026
JANUARY FNMA DUE
2/25/26
-----52.30 ---SEI
25-Feb-
26
25-Feb-26 31417YAY
3
MA0022A
I 310 INTEREST EARNED ON F
N M A #MA0022
4.500% 4/01/29 $1 PV ON
7.7200 SHARES DUE
2/25/2026 JANUARY
FNMA DUE 2/25/26
-----7.72 ---SEI
25-Feb-
26
25-Feb-26 3138EG6F
6
AL0869A
I 310 INTEREST EARNED ON F
N M A #AL0869 4.500%
6/01/29 $1 PV ON 4.6700
SHARES DUE 2/25/2026
JANUARY FNMA DUE
2/25/26
-----4.67 ---SEI
25-Feb-
26
25-Feb-26 31407BXH
7
826080A
I 310 INTEREST EARNED ON F
N M A #826080 5.000%
7/01/35 $1 PV ON 21.4200
SHARES DUE 2/25/2026
JANUARY FNMA DUE
2/25/26
-----21.42 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 33 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
25-Feb-
26
25-Feb-26 31376KT
22
357969A
I 310 INTEREST EARNED ON F
N M A #357969 5.000%
9/01/35 $1 PV ON
117.5800 SHARES DUE
2/25/2026 JANUARY
FNMA DUE 2/25/26
-----117.58 ---SEI
25-Feb-
26
25-Feb-26 3140XQTZ
0
FS8667A
I 310 INTEREST EARNED ON F
N M A #FS8667 3.000%
10/01/30 $1 PV ON
9434.7500 SHARES DUE
2/25/2026 JANUARY
FNMA DUE 2/25/26
-----9,434.75 ---SEI
25-Feb-
26
25-Feb-26 31403DJZ
3
745580A
I 310 INTEREST EARNED ON F
N M A #745580 5.000%
6/01/36 $1 PV ON
110.5800 SHARES DUE
2/25/2026 JANUARY
FNMA DUE 2/25/26
-----110.58 ---SEI
25-Feb-
26
25-Feb-26 31406PQY
8
815971A
I 310 INTEREST EARNED ON F
N M A #815971 5.000%
3/01/35 $1 PV ON
138.8500 SHARES DUE
2/25/2026 JANUARY
FNMA DUE 2/25/26
-----138.85 ---SEI
25-Feb-
26
25-Feb-26 31403GXF
4
748678A
I 310 INTEREST EARNED ON F
N M A #748678 5.000%
10/01/33 $1 PV ON 1.5700
SHARES DUE 2/25/2026
JANUARY FNMA DUE
2/25/26
-----1.57 ---SEI
25-Feb-
26
25-Feb-26 31371NUC
7
257179A
I 310 INTEREST EARNED ON F
N M A #257179 4.500%
4/01/28 $1 PV ON 4.3900
SHARES DUE 2/25/2026
JANUARY FNMA DUE
2/25/26
-----4.39 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 34 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
25-Feb-
26
25-Feb-26 3137FG6X
8
FHL3828B
I 310 INTEREST EARNED ON F
H L M C MLTCL MT
3.850% 5/25/28 $1 PV ON
23260.4100 SHARES DUE
2/25/2026 $0.00321/PV ON
7,250,000.00 PV DUE
2/25/26
-----23,260.41 ---SEI
25-Feb-
26
25-Feb-26 3137HCKV
3
I 310 INTEREST EARNED ON F
H L M C MLTCL MTG
5.180% 3/25/29 $1 PV ON
27281.3300 SHARES DUE
2/25/2026 $0.00432/PV ON
6,320,000.00 PV DUE
2/25/26
-----27,281.33 ---SEI
25-Feb-
26
25-Feb-26 3137HB3D
4
FHL5028
I 310 INTEREST EARNED ON F
H L M C MLTCL 5.069%
10/25/28 $1 PV ON
45266.1700 SHARES DUE
2/25/2026 $0.00422/PV ON
10,716,000.00 PV DUE
2/25/26
-----45,266.17 ---SEI
25-Feb-
26
25-Feb-26 3137HBPD
0
FHL5429
I 310 INTEREST EARNED ON F
H L M C MLTCL MTG
5.400% 1/25/29 $1 PV ON
45000.0000 SHARES DUE
2/25/2026 $0.00450/PV ON
10,000,000.00 PV DUE
2/25/26
-----45,000.00 ---SEI
25-Feb-
26
25-Feb-26 31394JY35
FHL9543
I 310 INTEREST EARNED ON F
H L M C MLTCL MT
6.49999% 9/25/43 $1 PV
ON 1401.6300 SHARES
DUE 2/25/2026
$0.00542/PV ON
258,762.50 PV DUE
2/25/26
-----1,401.63 ---SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 35 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
25-Feb-
26
25-Feb-26 3137HDJJ
0
I 310 INTEREST EARNED ON F
H L M C MLTCL MTG
4.803% 5/25/29 $1 PV ON
35082.9600 SHARES DUE
2/25/2026 $0.00400/PV ON
8,765,261.28 PV DUE
2/25/26
-----35,082.96 ---SEI
25-Feb-
26
25-Feb-26 3137BSRE
5
I 310 INTEREST EARNED ON F
H L M C MLTCL MTG
3.120% 9/25/26 $1 PV ON
14053.1600 SHARES DUE
2/25/2026 $0.00260/PV ON
5,405,061.96 PV DUE
2/25/26
-----14,053.16 ---SEI
25-Feb-
26
18-Feb-
26
25-Feb-26 50118HAC
0
P 10 PURCHASED PAR VALUE
OF KUBOTA CR OWNER
TR 0.00001% 5/15/30
/MITSUBISHI UFJ
SECURITIES
(USA/1,548,000 PAR
VALUE AT 99.97743023 %
1,548,000.000
0
99.97
74
----1,547,650.62 1,547,650.62 --SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 05592XAD
2
BVO5428
P 20 PAID DOWN PAR VALUE
OF BMW VEH OWNER TR
5.470% 2/25/28
-63,365.7500 ----63,365.75 -63,354.52 -11.23 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 3136AJZP
4
P 20 PAID DOWN PAR VALUE
OF F N M A GTD REMIC
1.500% 4/25/29
-35,825.0400 ----35,825.04 -32,727.63 -3,097.41 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 31397QRE
0
FNM2841
P 20 PAID DOWN PAR VALUE
OF F N M A GTD REMIC
2.472% 2/25/41
-317.2900 ----317.29 -317.19 -0.10 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 31403GXF
4
748678A
P 20 PAID DOWN PAR VALUE
OF F N M A #748678
5.000% 10/01/33
JANUARY FNMA DUE
2/25/26
-3.5500 ----3.55 -3.82 --0.27 SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 36 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
25-Feb-
26
25-Feb-
26
25-Feb-26 3138EG6F
6
AL0869A
P 20 PAID DOWN PAR VALUE
OF F N M A #AL0869
4.500% 6/01/29 JANUARY
FNMA DUE 2/25/26
-51.7000 ----51.70 -54.68 --2.98 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 31403DJZ
3
745580A
P 20 PAID DOWN PAR VALUE
OF F N M A #745580
5.000% 6/01/36 JANUARY
FNMA DUE 2/25/26
-443.6700 ----443.67 -476.95 --33.28 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 31371NUC
7
257179A
P 20 PAID DOWN PAR VALUE
OF F N M A #257179
4.500% 4/01/28 JANUARY
FNMA DUE 2/25/26
-49.7100 ----49.71 -52.57 --2.86 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-
1,275,829.290
0
----1,275,829.29 -
1,275,829.29
--SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 31406XWT
5
823358A
P 20 PAID DOWN PAR VALUE
OF F N M A #823358
5.953% 2/01/35 JANUARY
FNMA DUE 2/25/26
-124.8400 ----124.84 -123.86 -0.98 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 3140XQTZ
0
FS8667A
P 20 PAID DOWN PAR VALUE
OF F N M A #FS8667
3.000% 10/01/30
JANUARY FNMA DUE
2/25/26
-133,567.3800 ----133,567.38 -131,647.35 1,920.03 -SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 31410F4V
4
888336A
P 20 PAID DOWN PAR VALUE
OF F N M A #888336
5.000% 7/01/36 JANUARY
FNMA DUE 2/25/26
-451.3500 ----451.35 -485.20 --33.85 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 31376KT
22
357969A
P 20 PAID DOWN PAR VALUE
OF F N M A #357969
5.000% 9/01/35 JANUARY
FNMA DUE 2/25/26
-226.5900 ----226.59 -243.58 --16.99 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 31406PQY
8
815971A
P 20 PAID DOWN PAR VALUE
OF F N M A #815971
5.000% 3/01/35 JANUARY
FNMA DUE 2/25/26
-294.4500 ----294.45 -316.53 --22.08 SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 37 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
25-Feb-
26
25-Feb-
26
25-Feb-26 31417YAY
3
MA0022A
P 20 PAID DOWN PAR VALUE
OF F N M A #MA0022
4.500% 4/01/29 JANUARY
FNMA DUE 2/25/26
-106.1900 ----106.19 -112.31 --6.12 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 31407BXH
7
826080A
P 20 PAID DOWN PAR VALUE
OF F N M A #826080
5.000% 7/01/35 JANUARY
FNMA DUE 2/25/26
-45.4100 ----45.41 -48.82 --3.41 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 31394JY35
FHL9543
P 20 PAID DOWN PAR VALUE
OF F H L M C MLTCL MT
6.49999% 9/25/43
-2,636.5800 ----2,636.58 -2,985.93 --349.35 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 3137HDJJ
0
P 20 PAID DOWN PAR VALUE
OF F H L M C MLTCL MTG
4.803% 5/25/29
-977.8500 ----977.85 -981.82 --3.97 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 3137BSRE
5
P 20 PAID DOWN PAR VALUE
OF F H L M C MLTCL MTG
3.120% 9/25/26
-10,758.7800 ----10,758.78 -11,132.18 --373.40 SEI
25-Feb-
26
25-Feb-
26
25-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
205,718.8700 -----205,718.87 205,718.87 --SEI
Post Date 25-Feb-26 Total ----232,475.26 1,920.03 2,261.16 SEI
26-Feb-
26
26-Feb-26 3133TCE
95
FHL3032
P 62 FED BASIS OF F H L M C
MLTCL MT 4.576%
8/15/32 ADJUSTED BY -
29.73 TO BRING INTO
BALANCE
-------29.73 --SEI
26-Feb-
26
26-Feb-26 3133TCE
95
FHL3032
P 63 STATE COST OF F H L M
C MLTCL MT 4.576%
8/15/32 ADJUSTED BY -
29.73 TO BRING INTO
BALANCE
---------SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 38 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
26-Feb-
26
26-Feb-26 3133TCE
95
FHL3032
P 65 PAR VALUE OF F H L M C
MLTCL MT 4.576%
8/15/32 ADJUSTED BY -
29.7000 TO BRING INTO
BALANCE
-29.7000 --------SEI
26-Feb-
26
26-Feb-26 3133TCE
95
FHL3032
P 64 BOOK VALUE OF F H L M
C MLTCL MT 4.576%
8/15/32 ADJUSTED BY -
29.73 TO BRING INTO
BALANCE
---------SEI
26-Feb-
26
26-Feb-
26
26-Feb-26 31846V567
FGZXX
P 20 SOLD UNITS OF FIRST
AM GOVT OB FD CL Z
-574,941.8500 ----574,941.85 -574,941.85 --SEI
26-Feb-
26
26-Feb-
26
26-Feb-26 30229BBT
3
P 10 PURCHASED PAR VALUE
OF EXXON MOBIL CORP
DISC C P 2/27/26 /J.P.
MORGAN SECURITIES
LLC/575,000 PAR VALUE
AT 99.98988696 %
575,000.0000 99.98
99
----574,941.85 574,941.85 --SEI
Post Date 26-Feb-26 Total -----29.73 --SEI
27-Feb-
26
27-Feb-26 30229BBT
3
I 310 INTEREST EARNED ON
EXXON MOBIL CORP
DISC C P 2/27/26 $1 PV
ON 575000.0000 SHARES
DUE 2/27/2026 575,000
PAR VALUE AT 100 %
-----58.15 ---SEI
27-Feb-
26
27-Feb-
26
27-Feb-26 30229BBT
3
P 20 MATURED PAR VALUE
OF EXXON MOBIL CORP
DISC C P 2/27/26
575,000 PAR VALUE AT
100 %
-575,000.0000 100.0
000
---574,941.85 -574,941.85 --SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 39 of 40
Multiple Accounts
Begin Date : 01/29/2026 End Date : 02/28/2026
Account Information
Account Number Account Name
OCSD LONG-TERM PORTFOLIO
Transactions
Post
Date
Trade
Date
Settlement
Date
CUSIP
Ticker
SEDOL
Port
P/I
Tran
Type Explanation Units Price Comm
SEC
Fee
Misc
Fee
Net Cash
Amount Cost
Short
Term
Gain/Loss
Long
Term
Gain
Loss Source System
27-Feb-
26
27-Feb-
26
27-Feb-26 31846V567
FGZXX
P 10 PURCHASED UNITS OF
FIRST AM GOVT OB FD
CL Z
575,000.0000 -----575,000.00 575,000.00 --SEI
Post Date 27-Feb-26 Total ----58.15 --SEI
Account 6745046601 Total ----2,197,711.12 13,040.89 350,128.
97
SEI
Account Ending Cash Principal Cash: -
115,429,130.20
Income Cash:
115,429,130.20
Total Cash: -
Grand Total -----
52,366,861.2
9
67,859.27 350,128.
97
SEI
TRANSACTIONS - SUMMARY Run Date : 03/01/2026 Page 40 of 40
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4829 Agenda Date:3/25/2026 Agenda Item No:7.
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:
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 #:2026-4829 Agenda Date:3/25/2026 Agenda Item No:7.
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 #:2026-4829 Agenda Date:3/25/2026 Agenda Item No:7.
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
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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”.
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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
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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
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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.
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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
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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
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EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OC SAN’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OC SAN shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
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B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OC SAN shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OC SAN, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OC SAN may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OC SAN’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OC SAN in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
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The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN’s right to such sums
or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OC SAN shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OC SAN may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OC SAN that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OC SAN as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OC SAN reviews, confirming that tax payments are current at all times.
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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
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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.
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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 #:2026-4830 Agenda Date:3/25/2026 Agenda Item No:8.
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:
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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File #:2026-4830 Agenda Date:3/25/2026 Agenda Item No:8.
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 #:2026-4830 Agenda Date:3/25/2026 Agenda Item No:8.
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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File #:2026-4830 Agenda Date:3/25/2026 Agenda Item No:8.
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
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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.
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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:
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• 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).
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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
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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
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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.
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IN WITNESS WHEREOF, this Agreement has been executed in the name of OC SAN and CONSULTANT by their respective duly authorized officers as of the day and year first written
above. 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.
January 2026
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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:
January 2026
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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.
January 2026
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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.
January 2026
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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
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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 #:2026-4831 Agenda Date:3/25/2026 Agenda Item No:9.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
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 3/17/2026Page 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
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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
n
u
a
r
y
Fe
b
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…
Ma
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i
l
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y
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y
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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
n
u
a
r
y
Fe
b
r
u
…
Ma
r
c
h
Ap
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i
l
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y
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y
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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 #:2026-4833 Agenda Date:3/25/2026 Agenda Item No:10.
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:
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 $3,085,300; and
C. Approve a contingency of $308,530 (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 3/17/2026Page 1 of 3
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File #:2026-4833 Agenda Date:3/25/2026 Agenda Item No:10.
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 #:2026-4833 Agenda Date:3/25/2026 Agenda Item No:10.
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
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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 Eighty-Five Thousand
Three Hundred Dollars ($3,085,300) 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-050625 PROJECT 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
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. 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
Bid Submitted By: Big Sky Electric, Inc.
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item No.
1.
2.
3.
4.
Description Unit of Measurement
FE19-08 Mobilization as described in Section 01155, Measurement and Payment and in conformance with the Contract Documents for the lump Lump Sum sum price of ...
FE19-08 All Other Portions of the Work, Except the Work of Item No. 1
and Item Nos. 3 through 4 as described in Section 01155, Measurement Lump Sum and Payment and in conformance with the Contract Documents for the lump sum price of ...
FR1-0011 Mobilization as described in Section 01155, Measurement and Payment and in conformance with the Contract Documents for the lump Lump Sum sum price of ...
FR1-0011 All Other Portions of the Work, Except the Work of Item Nos. 1 through 3 as described in Section 01155, Measurement and Payment Lump Sum and in conformance with the Contract Documents for the lump sum price of ...
TOTAL AMOUNT OF BID (BASIS OF AWARD)
BF-14 SCHEDULE OF PRICES
Page 2 of2
Approx
Qty
1
1
1
1
Unit Price
(Name of Firm)
Total Price
= $30,000
= $1,851,700
= $30,000
= $ 1,512,600 -, -, n /"'I /"'I /"'I IT'f"YD -- -I - -
1,173,600
---'"l /"'I ,
$ 3,424,300.00
Digitally signed by Christopher S Livingston DN: C=US, E=ciivingston@bigskyelectric.com, Christopher s Livingston ��;·:�.::, El,ctac, loc.·, CN=Christoph,, s
Date: 2026.03.03 15:29:36-08'00'
C-BF-121725PROJECT NO. FE19-08 and PROJECT NO. FR1-0011
5-705
______________________
Revised total with TOB-2025-705 Purchase Order 173805 OS $3,085,300.00
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4834 Agenda Date:3/25/2026 Agenda Item No:11.
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:
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 #:2026-4834 Agenda Date:3/25/2026 Agenda Item No:11.
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 #:2026-4834 Agenda Date:3/25/2026 Agenda Item No:11.
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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2/24/2026
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
ADMINISTRATION COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4841 Agenda Date:3/25/2026 Agenda Item No:12.
FROM:Robert Thompson, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
FLEET MOBILE EQUIPMENT REPLACEMENT PURCHASES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve the purchase of replacement mobile equipment for Orange County Sanitation
District’s fleet as initially approved in the adopted Fiscal Year 2025-26 Budget in the amount of
$761,300; and
B. Delegate to the General Manager and Purchasing Manager the authority to purchase
replacement mobile equipment during the fiscal year in the not to exceed amount listed above,
utilizing the method of procurement determined by the General Manager to be in the best
interest of OC San, to include cooperative contract, competitive solicitation, or sole source.
BACKGROUND
Orange County Sanitation District (OC San)maintains a fleet of mobile equipment necessary to meet
business needs and support emergency operations.The fleet comprises portable pumps and
generators, forklifts, loaders, and a multitude of trailer-mounted equipment, totaling 96 units.
OC San’s Fleet Services Division replaces equipment based on expected useful life and disposes of
units utilizing a third-party auction service.The replacement action is based on the current unit’s
ability to meet the assigned departmental needs,age,maintenance cost,condition,compliance with
environmental regulations,and profiled emergency response capability.All proposed replacement
units were identified as required for business needs during the fiscal year 2025-26 budget
preparation process.
The replacement of mobile equipment is proposed annually during budget preparation.The Board
subsequently approves equipment procurements under the capital equipment section of the budget
in June of each year.OC San enters into purchase order agreements with entities that allow
adherence to internal specifications thus eliminating unnecessary options in the retail market.
RELEVANT STANDARDS
·Participate in local, state, and national cooperative purchasing programs
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File #:2026-4841 Agenda Date:3/25/2026 Agenda Item No:12.
·Ensure the public's money is wisely spent
·Maintain a proactive asset management program
PROBLEM
The mobile equipment identified for replacement is nearing the end of economically useful life.
Maintenance costs continue to increase,and the physical condition of the assets warrant significant
restoration.Additionally,these older units lack modern safety features which are key to keeping staff
safe and are terming out due to more stringent air emissions regulations.
PROPOSED SOLUTION
Authorize the General Manager and Purchasing Manager to utilize the method of procurement
determined to be in the best interest of OC San,to include cooperative contract,competitive
solicitation,or sole source.This will allow staff to obtain equipment in markets where inventory is
readily available and meet the operational needs of the organization.
TIMING CONCERNS
OC San’s internal process requires additional committee and board action time,jeopardizing the
ability to replace equipment with external deadlines beyond OC San’s control.Granting authority to
the General Manager and Purchasing Manager to target the most appropriate method to obtain the
replacement units ensures the most optimal and cost-effective way to source the replacement
equipment.
RAMIFICATIONS OF NOT TAKING ACTION
The equipment selected for replacement is costly to maintain,requires significant overhaul to
maintain reliability,and is facing limited operating hours annually as air emission regulations become
more stringent.Unscheduled maintenance costs are increasing,and equipment reliability will
compromise the ability to meet business needs.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The requested equipment type composition is shown in the table below,but may be substituted
depending on the actual condition of the equipment being replaced and market availability:
Purchase Type Vehicle Type Quantity Cost
Replacement Forklift 2 $170,000
Replacement Portable Diesel Bypass Pump 1 $152,000
Replacement Portable Diesel Air Compressor 2 $105,200
Replacement Portable Diesel Electrical Generator 2 $225,100
Replacement Scissor Lift - Man Lift 2 $109,000
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File #:2026-4841 Agenda Date:3/25/2026 Agenda Item No:12.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget Update FY 2025-26,Page A-15,Fleet Services:Other Mobile Equipment)
and the budget is sufficient for the recommended action.
Date of Approval Contract Amount Contingency
03/25/2026 $761,300 0%
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
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ADMINISTRATION COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4842 Agenda Date:3/25/2026 Agenda Item No:13.
FROM:Robert Thompson, General Manager
Originator: Jennifer Cabral, Director of Communications
SUBJECT:
LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2026
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the Legislative Affairs Update for the month of February 2026.
BACKGROUND
The Orange County Sanitation District’s (OC San)legislative affairs program includes advocating for
OC San’s legislative interests,sponsoring legislation (where appropriate),and seeking local,state,
and federal funding for projects and programs.
RELEVANT STANDARDS
·Maintain influential legislative advocacy and a public outreach program
·Build brand, trust, and support with policy makers and community leaders
·Maintain collaborative and cooperative relationships with regulators,stakeholders,and
neighboring communities
PROBLEM
Without a strong advocacy program,elected officials may not be aware of OC San’s mission,
programs, and projects, or how they could be impacted by proposed legislation.
PROPOSED SOLUTION
Continue to work with Local,State,and Federal officials to advocate for OC San’s interests and help
identify,create,and monitor legislation and grant opportunities that would benefit OC San,the
wastewater industry,and the community.To strengthen relationship building efforts,OC San will
continue to engage elected officials through facility tours,one-on-one meetings,and outreach trips to
Washington D.C. and Sacramento.
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File #:2026-4842 Agenda Date:3/25/2026 Agenda Item No:13.
RAMIFICATIONS OF NOT TAKING ACTION
If OC San does not actively engage with Local,State,and Federal elected officials,legislation could
be enacted that negatively impacts OC San and the wastewater industry.Additionally,lack of
engagement may result in missed funding opportunities.
ADDITIONAL INFORMATION
Activities in February:
·On Thursday,February 12,OC San staff and the Federal Lobbyist attended a virtual meeting
with Senators Schiff and Padilla.The Senators’staff provided an overview of the federal
appropriations process,how to apply for funding,and what to expect for Fiscal Year 2027.
The presentation included an overview of Congressionally Directed Spending,Programmatic
Funding, and procedures for securing funding for projects in California.
·The Legislative Analyst’s Office reported that the November 2025 Cap-and-Invest auction
generated about $844 million,below budget assumptions and down roughly $150 million from
last year.Auctions resumed in February 2026,with the results being closely watched to
determine whether Greenhouse Gas Reduction Fund revenues stabilize or remain below
projections.The outcomes could influence mid-year budget adjustments and future funding
availability.
Upcoming Activities in March:
·State Legislature:Committees will be meeting throughout the month to hear bills leading up to
the Legislative Spring recess slated for March 26.
·OC San federal lobbyists continue to work with congressional committees to advance PFAS
liability exemptions for clean water agencies, to prevent potential liability associated with
biosolids management.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
CEQA
N/A
FINANCIAL CONSIDERATIONS
All items mentioned are included in OC San’s FY 2025-26 adopted Budget.
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File #:2026-4842 Agenda Date:3/25/2026 Agenda Item No:13.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Federal Legislative Update
·Federal Matrix
·State Legislative Update
·State Matrix
·Local Legislative Update
·Presentation
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1 | P a g e
TO: Orange County Sanitation District
FROM: Eric Sapirstein
DATE: February 20, 2026
SUBJECT: Washington Update
Congress continues to address funding for the final Fiscal Year (FY) 2026 spending bill for
the Department of Homeland Security (DHS). The effort to find common ground
surrounding the funding of ICE and Border Patrol programs remains an obstacle to secure
an agreement that could be passed and sent to the president. Congress recessed on Friday,
February 13, without reaching an agreement on FY2026 DHS funding and will not return
until the week of February 23. As a result, DHS shut down at midnight on February 13. In
addition to this activity, most of the congressional activity surrounded votes on tariffs and
committee consideration of cybersecurity issues. Two areas of activity of note for OC San
during the past month include the introduction of water legislation and a Senate
cybersecurity policy review.
Effort to Develop DHS Spending Bill Remains in Limbo
The House and Senate leadership, at this writing have been unsuccessful in developing a
DHS funding and policy compromise that would impose limits on ICE and Border Patrol
programs. Specifically, Democratic efforts to limit the use of force, require body cameras,
and eliminate the use of masks have been opposed by Senate and House Republicans and
the White House. Barring a final agreement, Congress would need to pass another short-
term spending agreement to keep the department open. As a result of lawmakers not
passing a spending bill, DHS was forced to shut down at midnight on February 13.
However, DHS’ immigrations duties are fully funded through the One Big Beautiful Bill that
advanced funded $1 billion to support immigration programs. Other agencies, including
FEMA, would be effectively shuttered until a new spending agreement can be reached.
PFAS Passive Receivers Protection
Senator Pete Ricketts (R-NE) has drafted a proposal to provide passive receivers of PFAS,
specifically the water, wastewater and biosolids management sectors, with the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
liability protection from third party litigation.
2 | P a g e
The need for the legislation is because water and wastewater agencies must treat for PFAS
and this action creates site or natural resources cleanup liability under the legal framework
of CERCLA. The language was formally submitted to the Senate Committee on
Environment and Public Works for committee consideration as part of its ongoing
development of a new Water Resources Development Act, clean water, and safe drinking
water reauthorization bills. Action on the provision is unlikely until late Spring.
Water Recycling and Agriculture Water Savings Legislation Introduced
Senator Alex Padilla introduced two bills, the MORE WATER Act (S.3738) and GROW
SMART Act (S.3737). Both bills seek to address the declining availability of reliable water
supplies in the West and the need for infrastructure modernization. The MORE legislation
would renew the large-scale water recycling grants program to support projects with costs
in excess of $500 million. It would also authorize assistance to support the development of
water conveyance facilities that could support, among other matters, the Delta Conveyance
Project. The GROW legislation seeks to establish programs that would support the
conservation of agricultural water supplies through incentives provided to irrigation
stakeholders. Both bills are expected to receive a hearing in late February before the Senate
Committee on Energy and Natural Resources as the first step toward Senate passage.
Senate Committee Examines Water Sector’s Cybersecurity Challenges
The Senate Committee on Environment and Public Works held a hearing to examine the
cybersecurity challenges facing the nation’s water and wastewater sectors. The purpose of
the hearing was to receive testimony from cybersecurity experts and water and
wastewater trade groups, including Association of Metropolitan Water Agencies, and
explore what role the federal government should play to improve the sectors’
cybersecurity vulnerabilities. During the hearing, there was broad bipartisan consensus
among Members and witnesses that the water and wastewater sectors lack sufficient
cybersecurity protocols within their respective agencies, and that federal action would be
helpful to create a baseline level of protection.
Committee leadership cautioned, though, such efforts must account for the financial,
treatment, and workforce challenges utilities are already managing. Chairwoman Shelley
Moore Capito (R-WV) cautioned that one-size-fits-all federal mandate could be overly
burdensome and unworkable and could hinder utilities’ ability to make meaningful
progress. Ranking Member Sheldon Whitehouse (D-RI) stated the need to increase and
expand federal support for agencies’ adoption of cybersecurity protections, which could
include rebuilding the federal cyber workforce, increased funding, and reauthorizing the
U.S. Environmental Protection Agency’s resilience programs. Members and witnesses
agreed that federal cybersecurity mandates should be deliberate and tailored to reflect the
varying needs of utilities of different sizes and locations. The committee did not identify
next steps, but the hearing reaffirmed that cybersecurity concerns of the nation’s critical
infrastructure are a top concern for Congress, including the security of the water and
wastewater sectors.
Last modified: 02/13/2026 at 07:16 PM EST
OC San Federal Legislative Update
February 2026
FEDERAL - 119TH CONGRESS
S. 1092
WIPPES Act
High Priority Support
Summary: S.1092 would direct the Federal Trade Commission to
estabilsh federal "Do Not Flush" labeling requirements for nonflushable
wet wipes packaging. The labeling requirements would be enacted one
year after the bill's enactment. The bill mirrors California's state labeling
law and is supported by clean water, industry, environmental advocates,
and civil engineer stakeholders. House companion legislation is HR
2269.
03/24/2025Introduced:
Sen. Jeff Merkley ORSponsor:
Latest Actions:
09/19/2025 - Placed on Senate Legislative Calendar under General
Orders. Calendar No. 166.
09/19/2025 - Committee on Commerce, Science, and Transportation.
Reported by Senator Cruz with an amendment in the n...
05/21/2025 - Committee on Commerce, Science, and Transportation.
Ordered to be reported with an amendment in the nat...
Senate Commerce, Science and Transportation Committees:
Committee
S. 1092 provides a source control solution to the problem of the flushing of Why it matters:
nonflushable wipes that will reduce costs associated with fixing damaged treatment
infrastructure for wastewater utilities. The labeling requirements compliment existing "Do Not
Flush" labeling state law. Senator Alex Padilla is an original co-sponsor. OC San continues to
publicly support the effort and has sent support letters to the delegation this Congress.
Outlook: S. 1092 has high potential to be passed by the Senate this Congress based on
the Committee on Commerce, Science and Transportation's bipartisan markup of the bill
earlier this Spring. The committee's action raises the possibility for S. 1092 will be
considered on the Floor under Unanimous Consent
FEDERAL - 119TH CONGRESS
H.R. 2269
Summary: H.R. 2269 would direct the Federal Trade Commission to
estabilsh federal "Do Not Flush" labeling requirements for nonflushable
wet wipes packaging. The labeling requirements would be enacted one
WIPPES Act
High Priority Support
year after the bill's enactment. The bill mirrors California's state labeling
law and is supported by clean water, industry, environmental advocates,
and civil engineer stakeholders. Senate companion legislation is S. 1092.
03/21/2025Introduced:
Rep. Lisa McClain MI-09Sponsor:
Latest Actions:
06/24/2025 - Received in the Senate.
06/23/2025 - Motion to reconsider laid on the table Agreed to without
objection.
06/23/2025 - On motion to suspend the rules and pass the bill Agreed to
by voice vote. (text: CR H2852-2853)
House Energy and Commerce CommitteeCommittees:
H.R. 2269 provides a source control solution to the problem of the flushing Why it matters:
of nonflushable wipes that will reduce costs associated with fixing damaged treatment
infrastructure for wastewater utilities. The labeling requirements compliment existing "Do Not
Flush" labeling state law. Rep. Lou Correa is a co-sponsor. OC San continues to publicly
support the effort and has sent support letters to the delegation this Congress.
Outlook: H.R. 2269 has high chances of passing the House this session. The legislation
has been scheduled to be voted on under suspension on the House Floor the week of
June 23. The Committee on Energy and Commerce's bipartisan markup of the bill also
infer a bipartisan vote on the Floor.
FEDERAL - 119TH CONGRESS
H.R. 3898
PERMIT Act
No Priority No Stance
The PERMIT Act amends the Federal Water Pollution AI Summary:
Control Act to streamline water quality standards, improve transparency
in criteria development, reduce regulatory burdens, and enhance
permitting efficiency for infrastructure and agricultural projects.
06/11/2025Introduced:
Rep. Mike Collins GA-10Sponsor:
Latest Actions:
12/15/2025 - Received in the Senate and Read twice and referred to the
Committee on Environment and Public Works.
12/11/2025 - Motion to reconsider laid on the table Agreed to without
objection.
12/11/2025 - On passage Passed by the Yeas and Nays: 221 - 205 (Roll
no. 330).
House Transportation and Infrastructure Committee, Committees:
House Transportation and Infrastructure Committee Water Resources
and Environment Subcommittee, Senate Environment and Public Works
Committee
H.R. 3898 represents a comprehensive Clean Water Act permitting reform Why It Matters:
bill. Key provisions:
Outlook. The House is expected to consider H.R. 3898 this Fall. Passage is highly
likely as many of the bill's provisions passed the House during the last Congress. This
included ten year permits.
FEDERAL - 119TH CONGRESS
H.R. 2093
To amend the Federal Water
Pollution Control Act with
respect to permitting terms,
and for other purposes.
High Priority Support
Summary: H.R. 2093 would amend the Clean Water Act's permitting
provisions to allow for delegated states or USEPA to issue ten year
National Permit Discharge Eliminate System (NPDES) permits. The bill,
if enacted, would extend current terms from five years.
03/14/2025Introduced:
Rep. Ken Calvert CA-41Sponsor:
Latest Actions:
03/14/2025 - Referred to the Subcommittee on Water Resources and
Environment.
03/14/2025 - Referred to the House Committee on Transportation and
Infrastructure.
03/14/2025 - Introduced in House
House Transportation and Infrastructure Committee, Committees:
House Transportation and Infrastructure Committee Water Resources
and Environment Subcommittee
H.R. 2093 amends the NPDES permit term to align with the current project Why it matters:
construction timeline realities for water utilities and help reduce costs associated with permit
renewals for both utilities and state regulators. H.R. 2093 provides this while preserving
existing permit reopener provisions to ensure environmental protections are upheld.
Outlook: H.R. 2093 has the potential to advance this Congress. Committee majority staff
support the bill's policy intent and has expressed the desire to pursue last year's Creating
Confidence Clean Water Permitting Act (HR 7023)again this Congress, which included H.
R. 2093's permit extension language. H.R. 7023 passed the House in the 118th Congress.
mandated 10 year NPDES permits
codification of exemption from WOTUS definition for wastewater and water storage
facilities
expedited review and approval of section 404 permit applications
ten year general permits for dredge and fill activities with requirement for 2 year
advanced notification if permit not to be renewed
water quality certification reviews limited to project impacts on water quality
The legislation would provide important protection to water and wastewater Why It Matters:
agencies against third party litigation seeking to secure cost contributions for cleanups that
involve PFAS contamination. Absent an explicit liability protection provision such agencies
would be exposed to liability simply because an agency treated water and wastewater that
contained PFAS chemicals and disposed of residuals and biosolids.
Outlook: H.R. 1267 represents a placeholder bill to address the water sector's concerns
over the potential liability created by USEPA's designation of PFAS as a hazardous
substance under CERCLA. Both the House and Senate committees with jurisdiction over
CERCLA have expressed interest in addressing PFAS liability. However, any significant
legislative activity is expected to await USEPA's recommendations on how to address
passive receivers liability created by the PFAS designation.
FEDERAL - 119TH CONGRESS
H.R. 1265
To amend the Save Our Seas
2.0 Act to expand eligibility for
certain wastewater
infrastructure grants, and for
other purposes.
No Priority No Stance
Summary: H.R. 1265 aims to expand eligibility for certain wastewater
infrastructure grants under the Save Our Seas 2.0 Act12. This expansion
would allow communities and projects to qualify for federal funding,
which can be used to improve and modernize wastewater treatment
facilities. By increasing access to these grants, the bill seeks to enhance
the capacity of wastewater management systems to handle pollutants,
reduce environmental impacts, and support public health. This could
lead to more efficient and effective wastewater treatment processes,
ultimately contributing to cleaner waterways and a healthier environment.
02/12/2025Introduced:
Del. Eleanor Holmes Norton DC-At LargeSponsor:
FEDERAL - 119TH CONGRESS
H.R. 1267
Water Systems PFAS Liability
Protection Act
High Priority Support
The Water Systems PFAS Liability Protection Act AI Summary:
exempts water and wastewater treatment facilities from CERCLA liability
for releases of certain perfluoroalkyl and polyfluoroalkyl substances,
provided they comply with applicable laws and regulations.
02/12/2025Introduced:
Rep. Marie Gluesenkamp Perez WA-03Sponsor:
Latest Actions:
02/12/2025 - Referred to the Subcommittee on Water Resources and
Environment.
02/12/2025 - Referred to the Committee on Energy and Commerce, and
in addition to the Committee on Transportation an...
02/12/2025 - Referred to the Committee on Energy and Commerce, and
in addition to the Committee on Transportation an...
House Energy and Commerce Committee, House Committees:
Transportation and Infrastructure Committee, House Transportation and
Infrastructure Committee Water Resources and Environment
Subcommittee
Latest Actions:
04/01/2025 - Referred to the Subcommittee on Water Resources and
Environment.
02/12/2025 - Referred to the House Committee on Transportation and
Infrastructure.
02/12/2025 - Sponsor introductory remarks on measure. (CR E120)
House Transportation and Infrastructure Committee, Committees:
House Transportation and Infrastructure Committee Coast Guard and
Maritime Transportation Subcommittee, House Transportation and
Infrastructure Committee Water Resources and Environment
Subcommittee
FEDERAL - 119TH CONGRESS
H.R. 1285
Water Infrastructure
Subcontractor and Taxpayer
Protection Act of 2025
No Priority No Stance
Summary: H.R. 1285 would amend the Water Infrastructure Finance
and Innovation Act of 2014. The key points: Payment and Performance
Security Requirements: The bill establishes new requirements for
payment and performance security for projects funded under the act.
Project Funding: Ensure that projects financed through the Water
Infrastructure Finance and Innovation Act have adequate financial
safeguards.H.R. 2093 would amend the Clean Water Act's permitting
provisions to allow for delegated states or USEPA to issue ten year
National Permit Discharge Eliminate System (NPDES) permits. The bill,
if enacted, would extend current terms from five years
02/13/2025Introduced:
Rep. Mike Bost IL-12Sponsor:
Latest Actions:
02/13/2025 - Referred to the Subcommittee on Water Resources and
Environment.
02/13/2025 - Referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Ene...
02/13/2025 - Referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Ene...
House Energy and Commerce Committee, House Committees:
Transportation and Infrastructure Committee, House Transportation and
Infrastructure Committee Water Resources and Environment
Subcommittee
FEDERAL - 119TH CONGRESS
H.R. 2344
Water ISAC Threat Protection
Act
No Priority No Stance
Summary: Would establish a program to enhance the preparedness
and resilience of drinking water and wastewater systems against various
threats. The bill's primary focus is on safeguarding these critical utilities
from risks such as natural disasters, cyberattacks, and other
vulnerabilities that could disrupt essential water services.
03/25/2025Introduced:
Rep. Jan Schakowsky IL-09Sponsor:
Latest Actions:
03/25/2025 - Referred to the Subcommittee on Water Resources and
Environment.
03/25/2025 - Referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Ene...
03/25/2025 - Referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Ene...
House Energy and Commerce Committee, House Committees:
Transportation and Infrastructure Committee, House Transportation and
Infrastructure Committee Water Resources and Environment
Subcommittee
FEDERAL - 119TH CONGRESS
S. 857
Water Conservation Rebate
Tax Parity Act
No Priority No Stance
Summary: Amends federal tax law so that homeowners would not need
to pay income tax when they receive rebates from water utilities for
water conservation and water runoff management improvements. S. 857.
03/05/2025Introduced:
Sen. John Curtis UTSponsor:
Latest Actions:
03/05/2025 - Read twice and referred to the Committee on Finance.
03/05/2025 - Introduced in Senate
Senate Finance CommitteeCommittees:
FEDERAL - 119TH CONGRESS
S. 1118
Water Intelligence, Security,
and Cyber Threat Protection
Act of 2025
No Priority No Stance
Summary: S. 1118 would provide funding and additional access for
clean water and
wastewater utilities to become members of the Water Information
Sharing and Analysis Center (WaterISAC). The WaterISAC is a critical
source of information and best practices for water systems to protect
against, mitigate, and respond to threats. House Companion bill H.R.
2344. Endorsed by American Water Works Association, Association of
Metropolitan Water Agencies, National Association of Clean Water
Agencies, National Association of Water Companies, and Water
Environment Federation.
03/25/2025Introduced:
Sen. Ed Markey MASponsor:
Latest Actions:
03/25/2025 - Read twice and referred to the Committee on Environment
and Public Works.
03/25/2025 - Introduced in Senate
Senate Environment and Public Works CommitteeCommittees:
This report was created using POLITICO's Policy Intelligence Assistant.
This report is for informational purposes only. The views and opinions presented do
not necessarily reflect those of POLITICO LLC.
FEDERAL - 119TH CONGRESS
H.R. 3184
PFAS Alternatives Act
No Priority No Stance
The bill establishes a research and training program to AI Summary:
develop PFAS-free turnout gear for firefighters, supporting innovation
and safer protective equipment through grants and partnerships.
05/05/2025Introduced:
Rep. Debbie Dingell MI-06Sponsor:
Latest Actions:
05/06/2025 - Referred to the Subcommittee on Water Resources and
Environment.
05/05/2025 - Referred to the Committee on Science, Space, and
Technology, and in addition to the Committee on Transp...
05/05/2025 - Referred to the Committee on Science, Space, and
Technology, and in addition to the Committee on Transp...
House Science, Space and Technology Committee, Committees:
House Transportation and Infrastructure Committee, House
Transportation and Infrastructure Committee Water Resources and
Environment Subcommittee
To: Orange County Sanitation District
From Townsend Public Affairs
Date: February 20, 2026
Subject: February Legislative Monthly Report
California has moved deeper into the second year of its two-year legislative session, with
attention focused on key procedural deadlines, the road to the 2026 election cycle, and an
eventual transition from Governor Gavin Newsom’s administration. The February 20 bill
introduction deadline will mark another major milestone as lawmakers unveil new proposals for
the final year of the session.
At the same time, the Legislature and Administration continue budget negotiations amid a growing
deficit, while advancing policy priorities related to housing production, affordability, and public
health. Policymakers are also working through the implementation of prior reforms and navigating
ongoing fiscal and federal policy pressures, setting the stage for a consequential close to the
session.
February 20 also marked the deadline for the introduction of new legislation for the 2026
legislative session, and lawmakers brought forward a significant number of proposals in
advance of the cutoff.
On February 24, the Assembly Water, Parks, and Wildlife Committee held an informational
hearing focused on the efficiency of large Commercial, Industrial, and Institutional (CII) water
users, underscoring the Legislature’s continued attention to urban conservation and long-term
water demand strategies. The hearing examined existing efficiency requirements,
implementation and reporting challenges, and potential opportunities to enhance conservation
among high-volume users. Lawmakers reviewed how improved CII performance aligns with
broader statewide water resilience objectives and compliance with established urban water use
standards.
CALIFORNIA ADVOCACY • FEDERAL ADVOCACY • GRANT WRITING
Sacramento • Washington, D.C.
Northern California• Central California• Southern California
MONTHLY LEGISLATIVE UPDATE
STATE UPDATE
FROM DROUGHT TO RECOVERY: STORM IMPACTS HIGHLIGHT STATE’S WATER
RESILIENCE INVESTMENTS
Page 2
Governor Newsom recently announced that winter storms have significantly improved
California’s water conditions, with the U.S. Drought Monitor reporting that the state is no longer in
drought, and highlighted this development as evidence of progress under California’s broader
water resilience strategy.
California officials announced that recent winter storms have substantially improved statewide
hydrologic conditions, with the U.S. Drought Monitor indicating that the state is no longer
experiencing drought conditions. The announcement was framed within the Administration’s
broader Water Resilience Strategy, which emphasizes long-term system reliability in the face of
increasingly volatile precipitation patterns.
The Governor’s Office highlighted strong reservoir recovery, improved snowpack levels, and
enhanced groundwater recharge resulting from successive storm events. State agencies credited
ongoing investments in stormwater capture, groundwater sustainability implementation under
Sustainable Groundwater Management Act, and expedited water infrastructure projects for
improving the state’s ability to retain and manage high-flow events. Officials also pointed to
continued progress on storage expansion, conveyance modernization, water recycling, and
conservation initiatives designed to reduce structural vulnerability during dry cycles.
Importantly for local and regional water suppliers, the Administration underscored that current
hydrologic improvements do not eliminate long-term supply challenges. The state reiterated that
climate-driven variability—characterized by more intense storms and longer dry periods—
requires continued focus on system flexibility, diversified portfolios, and accelerated project
delivery. Agencies were encouraged to leverage wet-year conditions to maximize recharge,
advance capital projects, and strengthen drought contingency planning.
While the near-term outlook reflects improved supply conditions, the broader policy message
remains centered on resilience: maintaining momentum on infrastructure investments,
groundwater sustainability, water use efficiency, and interagency coordination to ensure reliability
during future drought periods.
PROPOSED AMENDMENTS TO CAP-AND-INVEST REGULATIONS
The California Air Resources Board has released proposed amendments to the state’s Cap-and-
Invest program, implementing recent legislation that extends the program through 2045. The
proposal maintains a declining, economy-wide emissions cap aligned with California’s long-term
climate and carbon-neutrality goals, while still supporting a market-based structure of allowance
auctions, trading, and compliance obligations. Auction proceeds will continue to support the
Greenhouse Gas Reduction Fund and related climate investments outlined in the recent
reauthorization.
Notable regulatory changes include updated allowance budgets for post-2026 compliance
periods, revisions to cost-containment tools such as price ceilings and allowance reserves, and
technical updates to market participation and compliance rules. The proposal also refines
allowance allocation methodologies, particularly for industrial sources, to address emissions
leakage and competitiveness concerns, while incorporating adjustments related to biomass fuels,
limited exemptions, and specific technologies. Updates to the offset program are intended to
strengthen environmental integrity through revised eligibility, monitoring, and verification
requirements.
Page 3
The release of the amendments evaluates economic, environmental, and equity impacts through
a regulatory impact analysis, concluding that the amendments will deliver sustained greenhouse
gas reductions while managing cost and competitiveness impacts on businesses and ratepayers.
With upcoming auctions, the proposed amendments seem to signal a more modest approach to
temper markets while the state allocates the first round of funding post-reauthorization. TPA
continues to engage on this program for potential innovative biosolids management funding for
OC San.
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN RECOMMENDED
POSITION
OTHER
POSITIONS
AB 35 Alvarez [D]This legislation, would exempt the adoption of regulations needed to
effectuate or implement programs of the act from the requirements of the
Administrative Procedure Act (APA). The bill would require a state entity
that receives funding through Proposition 4 to administer a competitive
grant program established using the Administrative Procedure Act
exemption to do certain things, including develop draft project solicitation
and evaluation guidelines and to submit those guidelines to the Secretary of
the Natural Resources Agency, except as provided. The bill would require
the Secretary of the Natural Resources Agency to post an electronic form of
the guidelines submitted by a state entity and the subsequent verifications
on the Natural Resources Agency’s internet website.
In Senate Rules
Committee waiting
assignment
Watch Legislative and Regulatory Policies:
Grant Funding: Oppose proposals
placing further requirements on grant
recipients that return low value for
high administrative costs
Support ACC-OC - NYC
LOCC - Support
CASA - Support
CSDA - NYC
ACWA - Support
AB 634 Gonzalez [R]The legislation intends to add tianeptine to the Schedule I category of
controlled substances, reflecting the highest level of legal restriction. This
action is intended to limit the potential misuse and abuse of the substance
by prohibiting its manufacture and sale unless explicitly allowed. The bill
emphasizes the importance of this classification to curb the substance's
availability and mitigate associated risks to public health.
In Senate Rules
Committee waiting
assignment
Watch Legislative and Regulatory Policies
Source Control: Support legislation,
regulations, and funding assistance that
would lead to decreased
introduction of microplastics, and other
contaminants of concern discharged into
the sewer system.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 643 Wilson [D]AB 643 mandates a 75 percent reduction in organic waste disposal to
landfills by 2025 to combat methane emissions. The bill tasks the
Department of Resources Recycling and Recovery, along with the State Air
Resources Board, with formulating associated regulations. Local
jurisdictions are empowered to utilize organic materials as agricultural soil
amendments to meet these goals, provided they follow specific guidelines.
This approach aims to enhance California's climate resilience through
sustainable waste management practices.
In Senate Rules
Committee waiting
assignment
Watch Legislative and Regulatory Policies:
Special Districts - Oppose further state
regulations that adversely impact special
district financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - Support in
concept
CSDA - Watch
ACWA - NYC
AB 1198 Haney [D]Beginning July 1, 2027, changes in prevailing wages by the Director of
Industrial Relations will affect contracts awarded or announced after this
date. Affected parties can request a review within 20 days, with a final
decision issued within 20 days thereafter. Certain housing projects are
exempt from these updates.
In Senate Rules
Committee waiting
assignment
Watch Legislative and Regulatory Policies:
Special Districts - Oppose further state
regulations that adversely impact special
district financing, operations, and
administration.
ACC-OC - NYC
LOCC - Oppose
CASA - Watch
CSDA - NYC
ACWA - NYC
AB 1383 McKinnor [D]AB 1383 revises the pensionable compensation limits for public retirement
systems in accordance with federal guidelines starting January 1, 2027. It
introduces new retirement formulas for safety members, allowing for
collective bargaining agreements to adjust these formulas. This bill
supports the alignment of state retirement benefits with federal standards
and facilitates negotiation over pension terms.
In Senate Rules
Committee waiting
assignment
Watch Legislative and Regulatory Policies:
Labor Relations/Human Resources:
Oppose any measure that imposes upon
local government mandated employee
benefits that
are more properly decided at the local
bargaining table
ACC-OC - NYC
LOCC - Oppose
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 1617 Alanis [R]AB 1617 requires public agencies and contractors handling household
hazardous waste to submit the Form 303 Household Hazardous Waste
Collection Report annually for the prior calendar year, aligning the reporting
period with the calendar year. This shift aims to improve the consistency
and accuracy of hazardous waste tracking
Referred to Assembly
Environmental Safety
Committee
Watch Legislative and Regulatory Policies:
Biosolids, Organics, and Biogas: Limit
redundant reporting requirements on
organics, recyclable material, and solid
waste.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
Proposed Legislation 2026
High Priority
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN RECOMMENDED
POSITION
OTHER
POSITIONS
AB 1710 Carrilo [D]AB 1710 redefines the criteria for "ordinances, policies, and standards"
within housing development, adding materials, requirements, and
standards imposed by other public agencies. It mandates compliance with
existing plans and standards at the time of a preliminary application. The
bill aligns with the Permit Streamlining Act, requiring projects considered for
housing developments or emergency shelters to meet consistency and
compliance evaluations. This bill enforces a state-mandated local program
impacting all cities, including charter cities, and affects provisions for
mandated cost reimbursements to local agencies.
To be heard on March 7 Watch Legislative and Regulatory Policies:
Special Districts - Oppose further state
regulations that adversely impact special
district financing, operations, and
administration.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - Not Favor
Unless Amended
AB 1729 Lee [D]AB 1729 revises existing telecommuting provisions by introducing the term
"telework" and mandates the Department of General Services to create a
dashboard documenting the benefits and savings of state telework
programs. Each state agency must evaluate its telework program every 10
years to ensure alignment with operational needs and workforce goals. This
bill is labeled an urgency statute for immediate effect and only impacts state
agencies.
To be heard on March 8 Watch Legislative and Regulatory Policies:
Special Districts - Oppose further state
regulations that adversely impact special
district financing, operations, and
administration.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
SB 239 Arreguin [D]Current law, until January 1, 2026, authorizes specified neighborhood city
councils to use alternate teleconferencing provisions related to notice,
agenda, and public participation, as prescribed, if, among other
requirements, the city council has adopted an authorizing resolution and 2/3
of the neighborhood city council votes to use alternate teleconference
provisions, as specified. This bill would authorize a subsidiary body, as
defined, to use alternative teleconferencing provisions and would impose
requirements for notice, agenda, and public participation, as prescribed.
The bill would require the subsidiary body to post the agenda at the primary
physical meeting location. The bill would require the members of the
subsidiary body to visibly appear on camera during the open portion of a
meeting that is publicly accessible via the internet or other online platform,
as specified.
Held in the Assembly Watch Legislative and Regulatory Policies:
Special Districts - Oppose further state
regulations that adversely impact special
district financing, operations, and
administration.
ACC-OC - NYC
LOCC - Sponsor
CASA - NYC
CSDA - Support
ACWA - Favor
Legend:
ACC-OC - Association of California Cities, Orange County
LOCC - League of California Cities
NYC - Not Yet Considered
CASA - California Association of Sanitation Agencies
ACWA - Association of California Water Agencies
CSDA - California Special Districts Association
1 | P age
TO: Orange County Sanitation District
FROM: Whittingham Public Affairs Advisors
DATE: February 20, 2026
SUBJECT: Local Legislative Report
Following are a few of the more notable developments and issues that have transpired in
Orange County over the last several weeks:
• The County Board of Supervisors engaged in a lengthy discussion at their February
10 meeting regarding the proposed expansion of Prima Deshecha Landfill’s capacity.
A planned virtual community meeting regarding the project was cancelled after
numerous calls and emails were received from residents near the landfill, which is
adjacent to Avenida La Pata just south of San Juan Hills High School. The proposed
increase in the cap on tonnage at Prima Deschecha, which was originally established
in 1976, is necessary to meet demand with the imminent closure of the County’s
Olinda Alpha Landfill east of the 57 Freeway above Brea.
• The proposed Waste Infrastructure System Enhancements (WISE), Organic
Services, and Disposal Fees and Rates Agreements between the County of Orange
and a coalition of cities and sanitation districts were approved by the Board of
Supervisors at its meeting on January 27. Each jurisdiction will now work to
complete their respective Prop 218 hearings prior to the new fees going into effect
July 1, 2026. The tiered rates for the WISE agreements will start at $67/ton in FY
26-27, increasing to $74/ton in 27-28, $81/ton in 28-29, and $81 + Consumer Price
Index in Year four.
• Phase II of Orange County’s Climate Action Plan, (CAP) a comprehensive
roadmap detailing potential projects and programs to reduce greenhouse gas and
other emissions from various sources, will now come before the Board of
Supervisors on February 24. Key initiatives within the CAP included increasing
stormwater capture and infiltration, reducing the amount of organic waste going to
landfills by 75 percent and improving edible food recovery by 20 percent, and
exploring the feasibility of regional anaerobic digestion and conversion technology
facilities. The County is required to have a completed CAP in order to apply for
and secure Proposition 4 grants for these targeted programs.
2 | P age
• The Board of Supervisors voted to reelect 4th District Supervisor Doug Chaffee to
serve as Chair for 2026, with 5th District Supervisor serving as Vice Chair for a
second consecutive year. Chair Chaffee is termed out of office at the end of the year
and there are currently four candidates seeking the seat: Fullerton Mayor
(Metropolitan Water District of Southern California and Orange County Water
District Board Member) Fred Jung, Buena Park Mayor Connor Traut, La Habra
Councilmember Rose Espinosa, and OC Board of Education Trustee Tim Shaw.
• Orange County Local Agency Formation Commission (OC LAFCO) reorganized
its leadership at its January 14 meeting, unanimously selecting Mission Viejo
Mayor Wendy Bucknum to serve as Chair and Mesa Water District Board member
Jim Fisler as Vice Chair for 2026.
• In addition, a number of OC LAFCO Commissioners will be up for reelection this
year. County Supervisor Don Wagner (who is currently the only County Supervisor
serving on LAFCO) is expected to be reappointed by the Board of Supervisors at
its January 27 meeting; Yorba Linda City Council member Peggy Huang as one of
the two City representatives (the election of which is handled by the City Selection
Committee); Derek McGregor as the Public Member (appointed by the other
LAFCO Commissioners); and Special District Commissioners Doug Davert (East
Orange County Water District), and Alternate Commissioner Kathryn Freschley of
El Toro Water District. OC LAFCO will be emailing notification letters to each
Special District by March 9, with nominations and declarations for interested
candidates due by April 13; ballots will be emailed to each special district presiding
officer by May 4, with ballots due back to OC LAFCO by June 8. Results will be
announced on June 15, and the Oath of Office will be administered at the July 8
OC LAFCO meeting.
• CalOptima Health CEO Michael Hunn, who oversees the County’s $4 billion health
care plan that serves nearly one in every three Orange County residents, announced
he will be retiring at the end of the year. Hunn assumed the CEO role in 2021 and
has navigated the agency through a number of controversies related to the former
Chair of the CalOptima Board of Directors, Andrew Do, who is currently serving a
five-year federal prison sentence.
• The Orange County Power Authority (OCPA) is suing the county for nearly $1
million in costs it says are associated with the Board of Supervisors’ decision to
withdraw from the agency. The OCPA lawsuit alleges the county failed to pay
$913,360 in expenses incurred by its exit from the authority, and that OCPA
purchased electricity for “anticipated customers within the unincorporated area of the
county for November and December in 2023.” Amidst state and local audits into
OCPA’s contract management and pricing strategies, the Board of Supervisors voted
3-2 in December of 2022 to remove the county’s unincorporated areas from the
authority. The Board had voted to join the OCPA’s community choice aggregation
program only a year earlier.
3 | P age
• The Newport Beach City Council voted to rescind a General Plan Amendment (GPA)
approved last October related to the proposed redevelopment of a portion of the
Newport Beach Golf Course to allow construction of the Snug Harbor Surf Park. A
Newport Beach resident had submitted a petition containing the required number of
signatures to force either the rescission or a public vote on the GPA, which would
have allowed an increased density on the parcel; the surf park is still expected to
move forward under entitlements approved by the City Planning Commission and
City Council, albeit with a smaller clubhouse and facilities.
As part of our scope of work, Whittingham Public Affairs Advisors has continued to
monitor the various City Council agendas and highlighted issues and items of relevance to
OC San. We also continue to monitor activities at the South Coast Air Quality Management
District, Orange County Water District, and South Orange County Wastewater Authority.
It is a pleasure to work with you and to represent the Orange County Sanitation District.
Sincerely,
Peter Whittingham
3/3/2026
1
FEDERAL UPDATE
ER I C S A P I R S TE I N
E N S RE S O U R CE S
March 11, 2026
1
PRESENTED TO:
A D M I N I S T RA T I O N C O M M I TT E E
ISSUES
Legislative Priorities:
Fiscal Year 2027 Budget, Clean Water and Infrastructure, Per- and Polyfluoroalkyl Substances (PFAS) Liability, Biosolids Management
Executive Branch–U.S. Environmental Protection Agency (U.S.
EPA) and U.S. Department of Agriculture
Mid-Term Election Impacts—Lame Duck Session
2
1
2
3/3/2026
2
LEGISLATIVE PRIORITIES
SECOND SESSION - 119TH CONGRESS
3
Fiscal Year 2027 Appropriations and President’s Budget RequestUSEPA Funding
U.S. Department of Agriculture
U.S. Department of Health and Human Services (MAHA)
Clean Water Policy
State Revolving Loan Fund/Water Infrastructure Finance and Innovation Act
Permit Reforms
PFAS
Flushable Wipes
PFAS Liability Exemptions
Water Sector
REGULATORY PRIORITIES
4
USEPA Establishes PFAS Inter-Agency Coordinating Group
USEPA Rewrites PFAS Rules: Litigation
USEPA and USDA Continue Research into PFAS and Soil Health
Draft Risk Assessment Model Review and Finalization
Department of Health and Human Services Impacts and Focus on Make America Healthy Again
PFAS Treatment and Disposal Survey Update
Industrial Discharge Effluent Limitations Guidelines
Streamline National Environmental Policy Act Studies: Expedite Projects and Limit “bites of the apple”
3
4
3/3/2026
3
MID-TERM ELECTION
POLICYMAKING CONSEQUENCES
5
Limited time to move final legislation due to Mid-Term Elections
Spring and Summer Dedicated to Developing Key Legislation in Each Chamber
Lame Duck Highly Probable: Outcome Rests on Election Results
Key Lame Duck Focus: Infrastructure
Clean Water Act
Water Resources Development Act
Transportation Reauthorization
Water Infrastructure Modernization Act
California Water
Disaster Assistance (FEMA) Rewrite
PFAS Liability
MID-TERM OUTLOOK
House Majority
Redistricting Clouds Crystal Ball
OC San Delegation Largely Stable,
With One Seat Undetermined
Senate Majority in Flux
50/50 Senate Potential
Impact on Legislative Activity
5
6
3/3/2026
4
Eric Sapirstein
President
Sarah Sapirstein
Executive Vice President
1367 Connecticut Avenue, N.W.
Suite 310
Washington, D.C. 20036
WWW.ENSRESOURCES.COM
7
ADMINISTRATION COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4843 Agenda Date:3/25/2026 Agenda Item No:14.
FROM:Robert Thompson, General Manager
Originator: Jennifer Cabral, Director of Communications
SUBJECT:
PUBLIC AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2026
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the Public Affairs Update for the month of February 2026.
BACKGROUND
Included in this report are recent activities of interest,managed by the Public Affairs Office for the
month of February 2026.
RELEVANT STANDARDS
·Maintain influential legislative advocacy and a public outreach program
·Maintain collaborative and cooperative relationships with regulators,stakeholders,and
neighboring communities
·Listen to and seriously consider community input on environmental concerns
PROBLEM
The Orange County Sanitation District (OC San)is a distinguished entity in the water/wastewater
industry.Despite our industry recognition,there may be limited awareness among our customers
regarding the pivotal role we play in protecting public health and the environment.The absence of
direct communication through a billing method may contribute to this gap in knowledge.
It is our responsibility to ensure that our ratepayers understand the vital services we provide.Many
customers may not realize that improper waste disposal into the sanitation system can adversely
impact our sewer lines,reclamation plants,and the quality of water supplied through the
Groundwater Replenishment System (GWRS).By enhancing communication channels and fostering
understanding,we aim to bridge the gap and empower our ratepayers with the knowledge needed to
support and appreciate the essential work we undertake for the well-being of our community and the
environment.
Orange County Sanitation District Printed on 3/17/2026Page 1 of 4
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File #:2026-4843 Agenda Date:3/25/2026 Agenda Item No:14.
PROPOSED SOLUTION
By providing tours,community outreach,education,and general communication via OC San’s
website,social media,and direct mailings,we can share information with the community,local
agencies,and businesses on our messaging such as the What2Flush program,energy production,
water recycling,biosolids,and our source control program.This,in turn,helps improve the quality of
wastewater that is recycled or released to the ocean and the knowledge and understanding of
wastewater treatment.
RAMIFICATIONS OF NOT TAKING ACTION
Failing to inform the community,local agencies,and businesses about OC San might result in
insufficient support for our mission and hinder our effectiveness.
PRIOR COMMITTEE/BOARD ACTIONS
December 2025 -Received and filed the Public Affairs Strategic Plan for Fiscal Years 2024-2026 Mid
-Year Update.
July 2025 -Received and filed the Fiscal Year 2024-2025 Year-End Update to the Public Affairs
Strategic Plan (FY 2024-2026).
December 2024 -Received and filed the Public Affairs Strategic Plan for Fiscal Years 2024-2026 Mid
-Year Update.
June 2024 - Received and filed the Public Affairs Strategic Plan for Fiscal Years 2024-2026.
ADDITIONAL INFORMATION
Activities in February:
Outreach Report
An outreach report that includes tours,website updates,social media posts,construction
notifications, speaking engagements, and more is attached to this Agenda Report.
Social Media - through February 23
OC San messaging,announcements,and program updates are posted across OC San’s social
media platforms. Our social media handle is @OCSanDistrict.
·Facebook: 15 posts reaching 6.3k people
·X: 14 posts reaching 343 people
·Instagram: 17 posts reaching 6.9k people
·LinkedIn: 3 posts reaching 2k people
·Nextdoor: 2 posts reaching 16.3k people
Presentations and Outreach Events
In February staff hosted five tours welcoming groups from Pacific Academy High School,Bassett
Adult School,California State University Long Beach School of Nursing,and a Headquarters tour for
Cal Poly Pomona students.We also had several speaking engagements including the Fountain
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Cal Poly Pomona students.We also had several speaking engagements including the Fountain
Valley Guidevisement Day at Fountain Valley High School,Career Day at Meadow Green
Elementary,and a presentation for the Amigo Viejos community group in Newport Beach.Assistant
General Manager Lorenzo Tyner attended the Midway Sanitary District’s Open House and Jennifer
Cabral, Director of Communications, attended the City of Newport Beach’s Mayor dinner.
OC San Film Screening
OC San hosted a film screening for “Unless Something Goes Terribly Wrong”on Tuesday,February
24 at OC San Headquarters.Over 150 people attended to watch the film.The screening was
followed by a panel Q&A,and a smaller group had the opportunity to tour Plant No.1.The film
focuses on water sustainability,and the essential role wastewater infrastructure plays in protecting
public health and the environment.
Wastewater 101 Citizens’ Academy Winter 2026 Session
In February,two sessions of the Citizens’Academy were held.The final session will be in March,
followed by an optional in-person tour and graduation at the Board of Directors meeting on March 25.
For more information on future academies, visit www.ocsan.gov/wastewater101.
Show Your Love for OC San Art Contest
OC San launched its first-ever art contest allowing employees to “Show Your Love for OC San”by
submitting original artwork that captures the often-unseen beauty of OC San's infrastructure.The
submission period was open for two weeks followed by a judging period for staff to vote for their
favorite piece.The top three entries that receive the most votes will be displayed in the
Headquarters lobby starting March 18 through March 31.Please stop by and enjoy the beauty of OC
San.
Internal Communication (as of February 23)
Over the course of the month,there were 24 posts on the employee intranet -The San Box,and four
emails were distributed to staff on relevant weekly topics through our Three Things to Know email.
Additionally, the employee newsletter,The Pipeline, was published at the end of February.
Construction Outreach Update
Outreach efforts for OC San construction activities are ongoing throughout the service area.Updates
were shared for projects taking place in the cities of Orange,Cypress,La Palma,Los Alamitos,Costa
Mesa,Newport Beach,and Huntington Beach through our website,printed content,and email and
text alerts.OC San also works with the respective cities to share construction updates via city
publications and social media. For details on each project, visit www.ocsan.gov/construction.
Activities in March:
Social Media
OC San continues to share messaging across the various social media platforms.This messaging
aligns with OC San’s overall communications and includes timely,relevant content,such as rain-
focused messaging during the wet weather season.
March Retirement Celebration
On March 18,OC San will host a celebration in the Headquarters courtyard for all employees retiring.
This will give staff an opportunity to share stories and send off our dedicated employees with a
Orange County Sanitation District Printed on 3/17/2026Page 3 of 4
powered by Legistar™
File #:2026-4843 Agenda Date:3/25/2026 Agenda Item No:14.
heartfelt goodbye. Retirees are also invited to attend.
Presentations & Outreach
OC San has 12 scheduled tours for the month of March.We hope to welcome a variety of groups
including Cal State Fullerton,Estancia High School,Canyon High School,Huntington Beach High
School,Fullerton College,El Toro/Saddleback Valley students,a general public tour,and the
graduates of Wastewater 101.Staff will also participate in a Career Day at Cerro Villa Middle School,
attend and participate at a Construction Networking panel,and at the Orange County Science and
Engineering Fair.
Construction Outreach
OC San will continue sharing construction project updates using our various communication methods
to keep the community informed. Project details are available at www.ocsan.gov/construction.
CEQA
N/A
FINANCIAL CONSIDERATIONS
All items mentioned are included in OC San’s FY 2024-25 and FY 2025-26 Budget.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete
agenda package:
·Outreach and Media Report for February 2026
·Presentation
Orange County Sanitation District Printed on 3/17/2026Page 4 of 4
powered by Legistar™
Outreach and Media
Summary
February 2026
OC San Public Affair s Of f ice
Table of Contents
OUTREACH REPORT…………………………………………………………PAGE 1
FACEBOOK POSTINGS ……………………………………………...............PAGE 3
TWITTER POSTINGS …………………………………………………………PAGE 4
INSTAGRAM POSTINGS………………………………………………………PAGE 5
LINKEDIN POSTINGS………………………………………………………....PAGE 6
NEXTDOOR POSTINGS……………………………………………………………………..PAGE 7
NEWS ARTICLES……………………………………………………………………………. PAGE 8
Outreach Report February 2026
Date Tours Attendees
2/9/26 Pacific Academy High School 9 Halverson/Jenna
2/14/26 Bassett Adult School 12 Shabbir Basrai
2/17/26 Cal State Long Beach 27
2/18/26 Cal State Long Beach 27
2/18/26 Cal Poly Pomona 20
Date Speaking Engagements/Events Attendees
2/4/26 700 Rivas/ Belen Carrillo
2/12/26 Wastewater 101 Session #2 55 Kawamoto/ Tom
Meregillano/ Belen
2/13/26 Newport Beach Mayors Dinner 100
2/14/26 Midway City Sanitation Open House 100
2/20/26 Career Day- Meadow Green
Elementary 30
2/24/26 Documentary Screening at HQ 150
2/26/26 Wastewater 101 Session #3 57
Belen Carrillo/ Kelly
Newell / April Frost/
Ernest Savedra/
Project Area Outreach Notifications
Orange Taft Ave. Sewer Improvement Project 63 page views 1 website post
Seal Beach Seal Beach Pump Station 35 page views 1 website post
Cypress Cypress Trunk Sewer Project
227 page views
372 email
subscribers
2 website posts
1 email alert 1 printed notice
1
1,750 homes and businesses
Costa Mesa Along the 405 30 page views
1 website post
Costa Mesa Airway-Airport Loop 24 page views
1 website post
External
Communications Distribution # of People
Reached
5 Minutes Per
Month
February: OC San Invites You to a
Film Screening 123
One 50
Website Posts 3 posts 811 views
Facebook 15 posts 6.3k reached
X 14 tweets 343 reached
Instagram 17 posts 6.9k reached
LinkedIn 3 posts 2 k reached
Nextdoor 2 post 16.3k impressions
2
Post performance - Facebook Pages
Data from 01 Feb, 2026 to 23 Feb, 2026
Sources
Orange County Sanitation DistrictOD
Orange County Sanitation
District
Feb 20, 16:00OD Meet the ✨Public A airs O ice ✨ Construction outreach, graphic design,
writing, tours…no paper sales, but we are pushing toilet paper over wipes.
#GovCommsDay
31 147 310
Orange County Sanitation
District
Feb 18, 17:25OD Need an excuse to skip the chores? We love the rain, but too much can overload
our system. Do your part and wait until the storm passes to do dishes, laundry, or
other water-using chores.
9 125 168
Orange County Sanitation
District
Feb 17, 16:01OD Going up on a Tuesday ⬆🎶 With soil work complete on our Wall and Soil
Improvements Project, sections of the new concrete wall are beginning to take
shape! This new wall delivers: ✅ Tsunami & seismic event protection ✅…
✅
26 117 171
Orange County Sanitation
District
Feb 13, 17:00OD You can't deny that our pickup lines have a certain flow to them. With love, OCSan. If you know, you know. And if you don't, you can! Learn about SupercriticalWater Oxidation (SCWO), Central Power Generation, and more at ocsan.gov.22 117 207
Orange County Sanitation
District
Feb 12, 23:10OD We heard Cypress has been getting all the attention… so Los Alamitos, it’s yourturn. 😉 Starting Sun., Feb. 22, our night crews will be cleaning the regionalsewer line from Bloomfield St., heading east toward Oak St. (see map above).…9 109 144
Orange County Sanitation
District
Feb 12, 17:00OD Less than two weeks le 🎬 Join us on February 24 for the OC premiere ofUnless Something Goes Terribly Wrong, a documentary spotlighting America'sessential water professionals. Stay for a live Q&A with the film's director and o…
🎟👉
31 138 1,143
Orange County Sanitation
District
Feb 11, 19:45OD Celebrating National Women in STEM Day with a throwback to an OC San labtechnician in the ’70s. No matter the decade, we’re proud of the women whosehard work keeps OC San moving forward 🔬✨
7 106 158
Orange County Sanitation
District
Feb 10, 18:25OD You’re this close 👌 to finding out where your water goes!💧 Take a joint tourwith OC San and Orange County Water District to see how your water iscollected, treated, and purified through the world-renowned Groundwater…80 220 1,650
Orange County Sanitation
District
Feb 09, 17:00OD Not all heroes wear capes. Some wear sun hats while maintaining the collection
system ☀💧89 179 572
Orange County SanitationDistrict
Feb 09, 15:15OD The OC San Administration Committee Meeting (5 PM) will be happening on
Wednesday, February 11. You can view the agenda here:2 35 47
Orange County SanitationDistrict
Feb 07, 17:35OD The only thing that should be blocked during the game is the other team 🏆 Thegame-winning play? Pour fats, oils, and grease from all those tasty snacks into acan, let it cool, then dispose in the trash. Visit ocsan.gov/FOG for more super…13 99 177
Orange County SanitationDistrict
Feb 04, 17:00OD Reality is never scripted 🎥35 190 1,071
Orange County SanitationDistrict
Feb 03, 17:45OD Sit back, relax, and enjoy the newest edition of OC San's Community Newsletter
📰 Inside, you'll find: 🚧 Major construction updates on projects in your
community 🔎 A special "two truths and a lie" activity 💖 Practical tips on ho…
5 80 97
Orange County SanitationDistrict
Feb 02, 16:15OD Next stop: State. 🏆 We're proud to be recognized with two awards by the Santa
River Basin Section of California Water Environment Association! 🏆 Plant
Operator of the Year - Scott Green 🏆 Gold – Community Engagement &…
33 141 299
Orange County SanitationDistrict
Feb 02, 15:27OD The OC San Operations Committee Meeting (5 PM) will be happening on
Wednesday, February 4. You can view the agenda here:7 36 53
DATE POST ENGAGEMENT FAN IMPRESSIONS (UNIQUE)REACH
3
Post performance - X
Data from 01 Feb, 2026 to 23 Feb, 2026
Sources
@OCSanDistrict@
@OCSanDistrict
Feb 23, 17:00@ It's Engineers Week😎⚙ Planning, design, project & construction
management…if it needs to get done, we're on it. Because world-class projects
don't build themselves. https://twitter.com/OCSanDistrict/status/202597919…
@OCSanDistrict
Feb 20, 16:00@ Meet the ✨Public A airs O ice ✨ Construction outreach, graphic design,
writing, tours…no paper sales, but we are pushing toilet paper over wipes.
#GovCommsDay https://twitter.com/OCSanDistrict/status/202487687298773…
5.56%2 36
@OCSanDistrict
Feb 18, 17:25@ Need an excuse to skip the chores? We love the rain, but too much can overload
our system. Do your part and wait until the storm passes to do dishes, laundry, or
other water-using chores. https://twitter.com/OCSanDistrict/status/20241733…
0%0 16
@OCSanDistrict
Feb 17, 16:01@ With soil work complete on our Wall and Soil Improvements Project, sections ofthe new concrete wall are taking shape! This new wall delivers: ✅ Tsunami &seismic event protection ✅ Enhanced security ✅ A coastal-inspired design…0%0 24
@OCSanDistrict
Feb 13, 17:00@ You can't deny that our pickup lines have a certain flow to them. With Love, OCSan. If you know, you know. And if you don't, you can! Learn about SupercriticalWater Oxidation (SCWO), Central Power Generation, and more at http://ocsan.…3.85%1 26
@OCSanDistrict
Feb 12, 23:10@ We heard Cypress has been getting all the attention…so Los Alamitos, it’s yourturn. 😉 Starting Feb. 22, night crews will be cleaning the regional sewer linenearBloomfield St. Work will take place from 8 p.m. – 6 a.m. See more details …0%0 32
@OCSanDistrict
Feb 12, 17:00@ Less than two weeks le 🎬 Join us on February 24 for the OC premiere ofUnless Something Goes Terribly Wrong. Stay for a live Q&A with the film'sdirector and our General Manager! 👉 Learn more & reserve your spot: http://…0%0 21
@OCSanDistrict
Feb 11, 19:45@ Celebrating National Women in STEM Day with a throwback to an OC San labtechnician in the ’70s. No matter the decade, we’re proud of the women whosehard work keeps OC San moving forward 🔬✨ https://twitter.com/OCSanDis…0%0 17
@OCSanDistrict
Feb 10, 18:25@ You’re this close 👌 to finding out where your water goes! Take a joint tour withOC San and @ocwaterdistrict to see how your water is collected, treated, andpurified through the Groundwater Replenishment System! Learn more at http:…14.29%3 21
@OCSanDistrict
Feb 09, 17:00@ Not all heroes wear capes. Some wear sun hats while maintaining the collectionsystem ☀💧 https://twitter.com/OCSanDistrict/status/2020905733378744790/photo/1 30%3 10
@OCSanDistrict
Feb 07, 17:35@ The only thing that should be blocked during the game is the other team 🏆 Thegame-winning play? Pour fats, oils, and grease from all those tasty snacks into acan, let it cool, then dispose in the trash. Visit http://ocsan.gov/FOG for more…4.35%1 23
@OCSanDistrict
Feb 04, 17:00@ Reality is never scripted 🎥 https://twitter.com/OCSanDistrict/status/20190936
47602401706/video/1 0%0 44
@OCSanDistrict
Feb 03, 17:45@ Sit back, relax, and enjoy the newest edition of OC San's Community Newsletter
📰 Inside, you'll find: 🚧 Major construction updates 🔎 A special "two truths
and a lie" activity 💖 Practical tips on how you can show your pipes some lov…
0%0 29
@OCSanDistrict
Feb 02, 16:15@ We're proud to be recognized with two awards by the Santa Ana River Basin
Section of @CWEA! 🏆 Plant Operator of the Year - Scott Green 🏆 Gold –
Community Engagement & Outreach: Project of the Year (Large) for Wastewat…
4.55%2 44
DATE POST ENGAGEMENT RATE ENGAGEMENTS IMPRESSIONS
4
Post performance - Instagram Business
Data from 01 Feb, 2026 to 23 Feb, 2026
Sources
ocsandistrictO
ocsandistrict
Feb 20, 16:00O Meet the ✨Public A airs O ice ✨ Construction outreach, graphic design,
writing, tours…no paper sales, but we are pushing toilet paper over wipes.
#GovCommsDay
11.98%0 109 1,194
ocsandistrict
Feb 18, 17:25O Need an excuse to skip the chores? We love the rain, but too much can overload
our system. Do your part and wait until the storm passes to do dishes, laundry, or
other water-using chores.
4.94%0 10 263
ocsandistrict
Feb 17, 16:36O (No description)0%0 0 153
ocsandistrict
Feb 17, 16:01O Going up on a Tuesday ⬆🎶 With soil work complete on our Wall and SoilImprovements Project, sections of the new concrete wall are beginning to takeshape! This new wall delivers: ✅ Tsunami & seismic event protection ✅…
✅
11.94%0 20 201
ocsandistrict
Feb 16, 19:17O (No description)0%0 0 204
ocsandistrict
Feb 13, 17:01O You can't deny that our pickup lines have a certain flow to them. With Love, OCSan. If you know, you know. And if you don't, you can! Learn about SupercriticalWater Oxidation (SCWO), Central Power Generation, and more at ocsan.gov.15.07%0 31 272
ocsandistrict
Feb 12, 23:10O We heard Cypress has been getting all the attention… so Los Alamitos, it’s yourturn. 😉 Starting Sun., Feb. 22, our night crews will be cleaning the regionalsewer line from Bloomfield St., heading east toward Oak St. (see map above).…3.74%0 11 615
ocsandistrict
Feb 12, 17:00O Less than two weeks le 🎬 Join us on February 24 for the OC premiere ofUnless Something Goes Terribly Wrong, a documentary spotlighting America'sessential water professionals. Stay for a live Q&A with the film's director and o…
🎟👉
7.73%0 10 181
ocsandistrict
Feb 11, 19:45O Celebrating National Women in STEM Day with a throwback to an OC San labtechnician in the ’70s. No matter the decade, we’re proud of the women whosehard work keeps OC San moving forward 🔬✨
8.68%0 18 265
ocsandistrict
Feb 10, 18:25O You’re this close 👌 to finding out where your water goes!💧 Take a joint tourwith OC San and @ocwaterdistrict to see how your water is collected, treated,and purified through the world-renowned Groundwater Replenishment Syste…5.3%0 61 1,452
ocsandistrict
Feb 09, 17:01O Not all heroes wear capes. Some wear sun hats while maintaining the collection
system ☀💧19.05%0 40 315
ocsandistrict
Feb 07, 17:35O The only thing that should be blocked during the game is the other team 🏆 Thegame-winning play? Pour fats, oils, and grease from all those tasty snacks into acan, let it cool, then dispose in the trash. Visit ocsan.gov/FOG for more super…5.43%0 7 129
ocsandistrict
Feb 06, 20:59O (No description)0%0 0 191
ocsandistrict
Feb 06, 00:17O Career Day @fvhsbarons 0%0 0 253
ocsandistrict
Feb 04, 17:00O Reality is never scripted 🎥8.61%0 43 743
ocsandistrict
Feb 03, 17:45O Sit back, relax, and enjoy the newest edition of OC San's Community Newsletter
📰 Inside, you'll find: 🚧 Major construction updates on projects in your
community 🔎 A special "two truths and a lie" activity 💖 Practical tips on ho…
1.96%0 4 204
ocsandistrict
Feb 02, 16:15O Next stop: State. 🏆 We're proud to be recognized with two awards by the Santa
Ana River Basin Section of @cweamembers! 🏆 Plant Operator of the Year -
Scott Green 🏆 Gold – Community Engagement & Outreach: Project of the Yea…
13.01%0 36 292
DATE POST ENGAGEMENT RATE IMPRESSIONS LIKES REACH
5
Post performance - LinkedIn Pages
Data from 01 Feb, 2026 to 23 Feb, 2026
Sources
Orange County Sanitation DistrictOD
Orange County Sanitation
District
Feb 12, 17:00OD Less than two weeks le 🎬 Join us on February 24 for the OC premiere of
Unless Something Goes Terribly Wrong, a documentary spotlighting America's
essential water professionals. Stay for a live Q&A with the film's director and o…
🎟👉
5.38%725 9 0
Orange County Sanitation
District
Feb 03, 17:45OD Sit back, relax, and enjoy the newest edition of OC San's Community Newsletter
📰 Inside, you'll find: 🚧 Major construction updates on projects in your
community 🔎 A special "two truths and a lie" activity 💖 Practical tips on ho…
5.48%365 5 0
Orange County Sanitation
District
Feb 02, 16:15OD We're proud to be recognized with two awards by the California Water
Environment Association - Santa Ana River Basin Section! 🏆 Plant Operator of
the Year - Scott Green 🏆 Gold – Community Engagement & Outreach: Project …
8.84%995 28 0
DATE POST ENGAGEMENT RATE IMPRESSIONS REACTIONS SHARES
6
7
Article Date Source Link
NACWA honors National Environmental Achievement
2/9/2026 Water Finance & Management
NACWA honors National Environmental
South OC Residents Protest Plans to Double Trash
2/11/2026 Voice of OC
https://voiceofoc.org/2026/02/south-orange-county-
Is Irvine Tading One Neighborhood Next to a Polluter
for Another? 2/18/2026 Voice of OC
https://voiceofoc.org/2026/02/bowerman-landfill-
Construction Alert: Orange Ave. at Alderbury St.
https://mailchi.mp/69304d474c17/hello-from-the-
city-of-cypress-11046422?e=e250a02561
https://us-west4-menlo-
inspect.menlosecurity.com/safeview-
fileserv/tc_download/ee2c7868aa8733997a8aa0e1
6311e9f975222f6effdee75519d9ad1b0cba9e95/?&
cid=N10F6CE535253&rid=0404b00e8b9c1f8d6766f
be835d6c8c0&cl=od_menlo_2b&file_url=https%3A
%2F%2Fcityoflosalamitos.org%2FArchiveCenter%2
Orange County Sanitation District Board to consider
nearly $9 Million in Infrastrure Contracts 2/23/2026 Fullerton Observer
https://fullertonobserver.com/2026/02/23/on-the-
february-25-agenda-for-the-orange-county-
Media Articles for February
8
3/4/2026
1
Presented by:Daisy Covarrubias, Public Affairs Supervisor
Administration Committee
March 11, 2026
Public Affairs Update
2
•Internal and External Communication
•Support OC San’s existing programs
•New Items:
•Employee Art Contest
•OC San Film Screening
•OC San HQ receives LEED Gold Certification
Public
Affairs
Programs
1
2
3/4/2026
2
3
Employee Engagement
Internal Art Contest for
OC San Employees
Pipeline: Bi-monthly Employee
Newsletter
Recognize Staff on The San Box and
Social Media Platforms
4
Education
Film ScreeningWastewater 101 Citizens’
Academy
Career Day
3
4
3/4/2026
3
5
Construction Outreach
City of Huntington Beach
– OC San Plant No. 2
NextDoor –
Cypress Trunk
Sewer Project
Construction Webpage –
ocsan.gov/construction
Social Media –
City of Los
Alamitos
6
Experts / Govt. Affairs
5
6
3/4/2026
4
7
•OC San Connection Newsletter – Spring Issue
•Member Agency Outreach Toolkit
•Community Outreach Events:
•OCWD’s Children’s Water Festival
•Video Library
•Wastewater 101 Citizens’ Academy Graduation
What’s Next
8
Recommend to the Board of Directors to:
Receive and file the Public Affairs Update for the month of February 2026.
Recommendation
7
8
ADMINISTRATION COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4844 Agenda Date:3/25/2026 Agenda Item No:15.
FROM:Robert Thompson, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
PROPERTY MANAGEMENT SERVICES FOR 18350 MT.LANGLEY STREET AND 18250 EUCLID
STREET, FOUNTAIN VALLEY
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Ratify Amendment No.7 to the sole source agreement with The Muller Company for Property
Management Services at 18350 Mt.Langley Street and 18250 Euclid Street in Fountain Valley,on a
month to month basis,for management fees of $5,241.90 per month plus other incurred expenses;
and an additional renewal period of twelve (12) months.
BACKGROUND
The Orange County Sanitation District (OC San)Board of Directors previously approved a sole
source agreement with The Muller Company for property management services for OC San owned
buildings at 18350 Mt Langley Street and 18368-18375-18381-18384 Bandilier Circle in Fountain
Valley.The properties were occupied by staff and commercial tenants with leases that expire in 2021
and 2023.
OC San purchased these properties as part of its overall strategy to build its Headquarters facilities
and maximize the land available for treatment plant process area.Once the demolition of the
Bandilier Circle buildings was completed,an Amendment No.6 was executed to remove those
buildings and reduce the management fees.
On February 24,2026,OC San closed escrow on an industrial property located at 18250 Euclid
Street to support warehouse and operational functions.Warehouse operations are currently housed
at Plant No.1,with the possibility of fully relocating those functions to this property,thereby allowing
Plant No.1 facilities to be repurposed for core treatment process operations.The property is
currently occupied by a tenant whose lease is scheduled to expire at the end of the year.Immediate
property management services are necessary to safeguard and maintain the asset.
RELEVANT STANDARDS
·Protect OC San assets
Orange County Sanitation District Printed on 3/17/2026Page 1 of 3
powered by Legistar™
File #:2026-4844 Agenda Date:3/25/2026 Agenda Item No:15.
PROBLEM
OC San-owned properties have commercial tenants and there is a need to professionally manage
them utilizing services such as maintenance,tenant relations,and repairs.Due to the new purchase,
Amendment No.7,which adds management of the 18250 Euclid Street property,was executed by
the General Manager and General Counsel with the concurrence of the Board Chairman.
PROPOSED SOLUTION
Ratify Amendment No.7 to add the 18250 Euclid Street property to the current sole source property
management agreement until the properties are repurposed.
TIMING CONCERNS
The term of the agreement will remain month to month,terminable for either party on 30 days’notice
to other party.
RAMIFICATIONS OF NOT TAKING ACTION
OC San will lose continuity of care of the property and of services to tenants.
PRIOR COMMITTEE/BOARD ACTIONS
November 2021 -Approved Amendment No.5 to the sole source agreement with The Muller
Company for Property Management Services for 18350 Mt.Langley Street and 18368-18375-18381-
18384 Bandilier Circle in Fountain Valley,for the period of January 1,2022 through January 31,2023
for a management fee of $3,200 per month plus other incurred expenses,including an additional
renewal period of twelve (12) months.
July 2020 -Approved Amendment No.4 of the sole source agreement with The Muller Company for
Property Management Services for 18350 Mt.Langley Street and 18368-18375-18381-18384
Bandilier Circle in Fountain Valley for the period of September 1,2020,through June 30,2021 for a
management fee of $3,200 per month plus other incurred expenses,including an additional renewal
period of six months.
May 2019 -Approved Amendment No.3 with The Muller Company for Property Management
Services,to extend the services for twelve-months from September 1,2019 through August 31,2020
with all terms and provisions of the Agreement remaining unmodified and in full force and effect.
September 2018 -Approved an amendment with The Muller Company for Property Management
Services,for an additional management fee of $3,293 per month plus other incurred expenses,for
the additional of District acquired properties on Bandilier Circle and Pacific Street including two
additional renewal periods of six months each.
February 2018 -Approved a sole source agreement with The Muller Company for Property
Management Services,for the period March 1,2018 through August 31,2018,for a management fee
of $4,200 per month plus other incurred expenses,including two additional renewal periods of six
months each.
Orange County Sanitation District Printed on 3/17/2026Page 2 of 3
powered by Legistar™
File #:2026-4844 Agenda Date:3/25/2026 Agenda Item No:15.
ADDITIONAL INFORMATION
Monthly expenses for services such as utility bills and repair work vary month to month.All expenses
will be reviewed and approved by OC San staff.
CEQA
N/A
FINANCIAL CONSIDERATIONS
The property management costs will be offset by rents collected on the commercial leases.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Executed Amendment No. 7
·Executed Amendment No. 6
Orange County Sanitation District Printed on 3/17/2026Page 3 of 3
powered by Legistar™
ADMINISTRATION COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4845 Agenda Date:3/25/2026 Agenda Item No:16.
FROM:Robert Thompson, General Manager
Originator: Wally Ritchie, Director of Finance
SUBJECT:
COMPREHENSIVE COST OF SERVICE RATE STUDY, SPECIFICATION NO. CS-2025-711BD
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Professional Consultant Services Agreement with HDR Engineering, Inc. to perform
a Comprehensive Cost of Service Rate Study, Specification No. CS-2025-711BD, for a total
amount not to exceed $254,280; and
B. Approve a contingency of $25,428 (10%).
BACKGROUND
Since 2002,the Orange County Sanitation District (OC San)has completed a rate study every five
years to determine customers’fair and equitable share of collection,treatment,and disposal costs,
developed an accurate rate model,and established a new five-year rate schedule which ensures full
cost recovery and supports Proposition 218 notifications.
For the 2026 rate study,staff has requested a comprehensive rate study on all fees and charges
including annexation fees and urban runoff fees.
This comprehensive rate study allocates costs to Flow,Biochemical Oxygen Demand (BOD),and
Total Suspended Solids (TSS)for the purpose of billing different customer classes,including high
flow and high strength dischargers.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Stable rates, no large unforeseen rate increases
PROBLEM
OC San’s current five-year rate schedule will end as of June 30,2028.To assess rates on the newly
incorporated customers under the IRWD Agreement,approved in 2025,a new rate study and
resulting rate schedule needs to be adopted by the OC San Board of Directors.
Orange County Sanitation District Printed on 3/17/2026Page 1 of 3
powered by Legistar™
File #:2026-4845 Agenda Date:3/25/2026 Agenda Item No:16.
PROPOSED SOLUTION
Approve the Professional Consultant Services Agreement with HDR Engineering,Inc.to complete a
comprehensive cost of service rate study to establish the next five-year rate schedule.
TIMING CONCERNS
To meet the legal requirements of Proposition 218 so the new Ordinances are adopted and the rate
schedule is effective July 1,2027,the rate study should begin no later than the beginning of April
2026.
RAMIFICATIONS OF NOT TAKING ACTION
The rate study would be delayed,which could potentially affect the implementation of the new rate
schedule and hinder OC San’s cost recovery.
PRIOR COMMITTEE/BOARD ACTIONS
November 2025 -Approved initiating the rate setting process a year early to allow Orange County
Sanitation District to assess rates across the service area including new customer bases.
ADDITIONAL INFORMATION
On December 1,2025,OC San issued a Request for Proposals (RFP)and on January 5,OC San
received two proposals.The proposals were evaluated in accordance with OC San’s policies and
procedures and by a team consisting of the Director of Finance,Finance Manager,Accounting
Supervisor,and an Engineering Supervisor.A Purchasing representative chaired the team as a non-
voting member and legal counsel reviewed the proposals for process and adherence with Proposition
218 requirements.
Proposals were individually scored based on the following criteria:
CRITERION WEIGHT
Qualifications of the Firm 30%
Staffing and Project Organization 20%
Work Plan 30%
Cost 20%
The evaluation team first reviewed and scored the proposals based on the criteria listed above,
excluding the cost criterion.
Rank Proposer Criterion 1
Max (30%)
Criterion 2
Max (20%)
Criterion 3
Max (30%)
Subtotal
Max (80%)
1 HDR Engineering. Inc.26.4%17.8%27.9%72.1%
2 HF & H Consultants 21.0%12.0%19.5%52.5%
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File #:2026-4845 Agenda Date:3/25/2026 Agenda Item No:16.
A sealed cost proposal accompanied all proposals.Only the cost proposal for the highest ranked
firm was opened. OC San requested a Best and Final Offer.
The final scores for the proposers were as follows:
Rank Proposer Subtotal
Before Cost
(Max 80%)
Cost (Max
20%)
Total Weighted
Score (Max
100%)
1 HDR Engineering. Inc.72.1%20.0%92.1%
2 HF & H Consultants 52.5%N/A 52.5%
Based on these results,staff recommends approving a Professional Consultant Services Agreement
to HDR Engineering, Inc.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Budget Update FY 2025-26,Page 23,Professional &Contractual Services)and is
proposed to be incorporated in the FY 2026-27 budget.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Professional Consultant Services Agreement
Orange County Sanitation District Printed on 3/17/2026Page 3 of 3
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Professional Consultant Services Agreement 1 of 11 Specification No. CS-2025-711BD Revision 121924
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Comprehensive Cost of Service Rate Study
Specification No. CS-2025-711BD
This PROFESSIONAL CONSULTANT SERVICES AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into as of the date fully executed below, by and between Orange
County Sanitation District (hereinafter referred to as “OC San”) and HDR Engineering, Inc. (hereinafter referred to as “Consultant”), and collectively referred to herein as the “Parties.”
R E C I T A L S
WHEREAS, OC San desires to obtain Comprehensive Cost of Service Rate Study as described in Exhibit “A” attached hereto and incorporated herein by this reference (“Services”); and WHEREAS, Consultant is qualified to provide the Services by virtue of experience, training, and expertise; and
WHEREAS, OC San desires to engage Consultant to render the Services as provided herein; and WHEREAS, OC San selected Consultant to provide the Services in accordance with OC San’s current Purchasing Ordinance; and WHEREAS, on March 25, 2026, OC San’s Board of Directors, by minute order, authorized
execution of this Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and benefits
specified below, the Parties agree as follows: 1. General.
1.1 This Agreement and all exhibits hereto are made by OC San and the Consultant. 1.2 The following exhibits, in order of precedence, are incorporated by reference and made part of this Agreement. Exhibit “A” – Scope of Work Exhibit “B” – Proposal and BAFO Exhibit “C” – Determined Insurance Requirement Form Exhibit “D” – Contractor Safety Standards Exhibit “E” – Human Resources Policies
1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the exhibits hereto, the provisions in the Agreement shall control and thereafter the provisions in the document highest in precedence shall be controlling.
1.4 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or actions incurred or undertaken by Consultant as a result of work performed in anticipation of purchases of the Services by OC San.
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1.5 Work Hours: The work required under the Agreement may include normal business hours, evenings, and weekends. OC San will not pay for travel time; and
All work or meetings with OC San staff shall be scheduled Monday through Thursday, between the hours of 8:00 a.m. and 4:00 p.m. and shall conform to OC San work schedules.
1.6 Days: Shall mean calendar days, unless otherwise noted.
1.7 OC San holidays (non-working days) are as follows: New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The provisions of this Agreement may be amended or waived only by an amendment executed by authorized representatives of both Parties. 1.9 The various headings in this Agreement are inserted for convenience only and shall not
affect the meaning or interpretation of this Agreement or any paragraph or provision hereof. 2. Scope of Work. 2.1 Consultant shall provide the Services identified in Exhibit “A” in a competent,
professional, and satisfactory manner in accordance with generally accepted industry and professional standards, including ethical practices, and standards of care and competence for its trade/profession.
2.2 Modifications to Scope of Work. OC San shall have the right to modify the Scope of Work at any time. All modifications must be made by an amendment signed by both
Parties. 2.3 Familiarity with Work. By executing this Agreement, Consultant warrants that: (a) it has investigated the work to be performed; and (b) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown condition materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at Consultant’s risk, until written instructions are received from OC San. 2.4 Performance. Time is of the essence in the performance of the provisions hereof.
3. Agreement Term.
3.1 The Services provided under this Agreement shall be completed within one (1) year from the effective date of the Notice to Proceed.
3.2 Extensions. The term of this Agreement may be extended only by an amendment signed by both Parties.
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4. Compensation. 4.1 As compensation for the Services provided under this Agreement, OC San shall pay
Consultant a total amount not to exceed Two Hundred Fifty-Four Thousand Two Hundred Eighty Dollars ($254,280.00).
4.2 Consultant shall provide OC San with all required premiums and/or overtime work at no charge beyond the amount specified above. 5. Payments and Invoicing. 5.1 OC San shall pay itemized invoices submitted monthly for work completed in accordance with Exhibit “A” and consistent with Exhibit “B” thirty (30) days from receipt of the invoice and after approval by OC San’s Project Manager or designee. OC San shall be the determining party, in its sole discretion, as to whether the Services have been satisfactorily completed.
5.2 Consultant shall submit its invoices to OC San Accounts Payable by electronic mail to APStaff@OCSan.gov. In the subject line include “INVOICE” and the Purchase Order Number. 6. Key Personnel. Personnel, as provided in Exhibit “B,” are considered “key” to the work under this Agreement and will be available for the term of the Agreement. No person
designated as key under this Agreement shall be removed or replaced without prior written consent of OC San. If OC San asks Consultant to remove a person designated as key under this Agreement, Consultant agrees to do so immediately regardless of the reason, or the lack
of reason, for OC San’s request. Consultant shall assign only competent personnel to perform Services under this Agreement. 7. Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of OC San and shall be promptly delivered to OC San upon request of OC San’s Project Manager or designee or upon the termination of this Agreement and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by OC San of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at OC San’s sole risk and without liability to Consultant. Consultant shall ensure that all its contracts with its subconsultants provide for assignment to OC San of any documents or materials prepared by them.
8. Ownership of Intellectual Property. 8.1 Consultant agrees that all designs, plans, reports, specifications, drawings, schematics, prototypes, models, inventions, and all other information and items made during the course of this Agreement and arising from the Services (hereinafter referred to as “New Developments”) shall be and are assigned to OC San as its sole and exclusive property. 8.2 Consultant agrees to promptly disclose to OC San all such New Developments. Upon OC San’s request, Consultant agrees to assist OC San, at OC San’s expense, to obtain patents or copyrights for such New Developments, including the disclosure of all
pertinent information and data with respect thereto, the execution of all applications,
Professional Consultant Services Agreement 4 of 11 Specification No. CS-2025-711BD Revision 121924
specifications, assignments, and all other instruments and papers which OC San shall deem necessary to apply for and to assign or convey to OC San, its successors and assigns, the sole and exclusive right, title, and interest in such New Developments.
Consultant agrees to obtain or has obtained written assurances from its employees and contract personnel of their agreement to the terms hereof regarding New Developments and confidential information.
8.3 Consultant warrants that Consultant will have good title to any New Developments and the right to assign New Developments to OC San free of any proprietary rights of any other party or any other encumbrance whatever. 8.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals, photographs, videotapes, data, computer files, and other documents prepared or caused to be prepared by Consultant or its subconsultants in connection with the Services hereunder shall be delivered to and shall become the exclusive property of OC San. OC San may utilize such documents, at its own risk, for OC San’s applications on other projects or extensions of this project. 9. Right to Review Services, Facilities, and Records. 9.1 OC San reserves the right to review any portion of the Services performed by Consultant under this Agreement and Consultant agrees to cooperate to the fullest extent possible in such endeavor. 9.2 Consultant shall furnish to OC San such reports, statistical data, and other information pertaining to Consultant’s Services as shall be reasonably required by OC San to carry out its rights and responsibilities under its agreements with its bondholders or
noteholders and any other agreement relating to the development of the project(s) and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bonds and other obligations.
9.3 The right of OC San to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by Consultant shall not relieve Consultant of any obligation set forth herein. 10. Conflict of Interest and Reporting.
10.1 Consultant shall, at all times, avoid conflicts of interest or appearance of conflicts of interest in performance of this Agreement. 10.2 Consultant affirms that, to the best of its knowledge, there exists no actual or potential conflict between Consultant’s families, business, or financial interest and the Services under this Agreement and in the event of change in either its private interests or Services under this Agreement, it shall raise with OC San any question regarding possible conflict of interest which may arise as a result of such change. 11. Damage to OC San’s Property. Any of OC San’s property damaged by Consultant, any subconsultant, subcontractor, or by the personnel of either will be subject to repair or replacement by Consultant at no cost to OC San. 12. Freight (F.O.B. Destination). Consultant assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Agreement.
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13. Audit Rights. Consultant agrees that, during the term of this Agreement and for a period of three (3) years after its expiration or termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Consultant relating to
the invoices submitted by Consultant pursuant to this Agreement. 14. Contractor Safety Standards and Human Resources Policies. OC San requires
Consultant, its subconsultants, and its subcontractors to follow and ensure their employees follow all Federal, State, and local regulations as well as Contractor Safety Standards while working at OC San locations. If, during the course of the Agreement, it is discovered that
Contractor Safety Standards do not comply with Federal, State, or local regulations, the Consultant is required to follow the most stringent regulatory requirement at no additional cost to OC San. Consultant, its subconsultants, and all of their employees shall adhere to all applicable Contractor Safety Standards in Exhibit “D” and the Human Resources Policies in Exhibit “E.” 15. Insurance. Consultant and all its subconsultants shall purchase and maintain, throughout the term of this Agreement and any periods of warranty or extensions, insurance in amounts
equal to the requirements set forth in the signed Exhibit “C” – Determined Insurance Requirement Form. Consultant shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OC San, nor shall Consultant allow any subconsultant to commence service pursuant to a subcontract until all insurance required of the subconsultant has been obtained. Failure to obtain and maintain the required insurance coverage shall result in termination of this Agreement. 16. Indemnification and Hold Harmless Provision. Consultant shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or may be caused by Consultant’s Services under this Agreement, or by its subconsultant(s), or by anyone directly or indirectly employed by Consultant, and whether
such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OC San, Consultant shall indemnify, protect, defend, and hold harmless OC San, its elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, damages, or expenses of any nature, including attorneys’ fees: (a) for injury to or death of any person, or damage to property, or interference with the use of property arising
out of or in connection with Consultant’s performance under the Agreement, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process; or any patented or unpatented invention, article, or appliance furnished or used under the Agreement, and/or (c) on account of any goods and services provided under this Agreement. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Consultant or anyone employed by or working under Consultant. To the maximum extent permitted by law, Consultant’s duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part,
for any loss, damage, or injury. Consultant agrees to provide this defense immediately upon written notice from OC San, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC San. This section shall survive the expiration or early
termination of the Agreement.
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17. Independent Contractor. 17.1 The relationship between the Parties hereto is that of an independent contractor and
nothing herein shall be construed as creating an employment or agency relationship. 17.2 During the performance of this Agreement, Consultant and its officers, employees, and
agents shall act in an independent capacity and shall not act as OC San’s officers, employees, or agents. OC San assumes no liability for Consultant’s action and performance nor assumes responsibility for taxes, funds, payments, or other
commitments, expressed or implied, by or for Consultant. 17.3 Consultant shall not be considered an agent of OC San for any purpose whatsoever nor shall Consultant have the right to, and shall not, commit OC San to any agreement, contract, or undertaking. Consultant shall not use OC San’s name in its promotional material or for any advertising or publicity purposes without prior expressed written consent.
17.4 Consultant shall not be entitled to any benefits accorded to those individuals listed on OC San’s payroll as regular employees including, without limitation, worker’s compensation, disability insurance, vacation, or holiday or sick pay. Consultant shall
be responsible for providing, at Consultant’s expense, disability, worker’s compensation, and other insurance as well as licenses and permits usual or necessary for conducting the Services hereunder.
17.5 Consultant shall be obligated to pay any and all applicable Federal, State, and local payroll and other taxes incurred as a result of fees hereunder. Consultant hereby
indemnifies OC San for any claims, losses, costs, fees, liabilities, damages, or penalties suffered by OC San arising out of Consultant’s breach of this provision. 17.6 Consultant shall not be eligible to join or participate in any benefit plans offered to those individuals listed on OC San’s payroll as regular employees. Consultant shall remain ineligible for such benefits or participation in such benefit plans even if a court later decides that OC San misclassified Consultant for tax purposes.
18. Subcontracting and Assignment. Consultant shall not delegate any duties nor assign any rights under this Agreement without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 19. Intentionally Omitted. 20. Confidentiality and Non-Disclosure. 20.1 Consultant acknowledges that, in performing the Services hereunder, OC San may
have to disclose to Consultant, orally and in writing, certain confidential information that OC San considers proprietary and has developed at great expense and effort.
20.2 Consultant agrees to maintain in confidence and not disclose to any person, firm, or corporation, without OC San’s prior written consent, any trade secret, confidential information, knowledge, or data relating to the products, process, or operation of OC San.
Professional Consultant Services Agreement 7 of 11 Specification No. CS-2025-711BD Revision 121924
20.3 Consultant further agrees to maintain in confidence and not to disclose to any person, firm, or corporation any data, information, technology, or material developed or obtained by Consultant during the term of this Agreement.
20.4 Consultant agrees as follows:
20.4.1 To use the confidential information only for the purposes described herein; to not reproduce the confidential information; to hold in confidence and protect the confidential information from dissemination to and use by anyone not a
party to this Agreement; and to not use the confidential information to benefit itself or others. 20.4.2 To restrict access to the confidential information to its subconsultant or personnel of Consultant who (1) have a need to have such access and (2) have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement.
20.4.3 To return all confidential information in Consultant’s possession upon termination of this Agreement or upon OC San’s request, whichever occurs first.
20.4.4 To hold in confidence information and materials, if any, developed pursuant to the Services hereunder.
20.4.5 The provisions of this section shall survive termination or expiration of this Agreement and shall continue for so long as the material remains confidential.
21. Non-Liability of OC San Officers and Employees. No officer or employee of OC San shall be personally liable to Consultant, or any successor-in-interest, in the event of any default or
breach by OC San or for any amount which may become due to Consultant or to its successor, or for breach of any obligation under the terms of this Agreement. 22. Third-Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OC San and Consultant. 23. Applicable Laws and Regulations. Consultant shall comply with all applicable Federal, State, and local laws, rules, and regulations. Consultant also agrees to indemnify and hold OC San harmless from any and all damages and liabilities assessed against OC San as a result of Consultant’s noncompliance therewith. Any provision required by law to be included herein shall be deemed included as a part of this Agreement whether or not specifically
included or referenced. 24. Licenses, Permits, Ordinances, and Regulations. Consultant represents and warrants to
OC San that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to provide the Services. Any and all fees required by Federal, State, County, City, and/or municipal laws, codes, and/or tariffs that pertain to the work
performed under this Agreement will be paid by Consultant. 25. Regulatory Requirements. Consultant shall perform all work under this Agreement in strict conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and Water Codes Division 2.
Professional Consultant Services Agreement 8 of 11 Specification No. CS-2025-711BD Revision 121924
26. Environmental Compliance. Consultant shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Consultant, its subconsultants, subcontractors, and the Services, including, but not limited
to, all applicable Federal, State, and local air pollution control laws and regulations. 27. California Air Resources Board Mobile Source Regulations. Consultant and its applicable subconsultants and subcontractors shall comply with the following California Air Resources Board Mobile Source Regulations:
• Advanced Clean Fleet (ACF): 13 CCR 2013-2013.4; 13 CCR 2015-2015.6
• Truck & Bus Regulation (T&B): 13 CCR 2025
• Clean Truck Check (CTC): 13 CCR 2195-2199.1
• Off-Road Diesel Amendments (ORD): 13 CCR 2449-2449.2 28. Dispute Resolution.
28.1 In the event of a dispute as to the construction or interpretation of this Agreement, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to
facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution
procedures of Judicial Arbitration through Mediation Services of Orange County (“JAMS”), or any similar organization or entity conducting an alternate dispute resolution process. 28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to Code of Civil Procedure, Part 3, Title 9, sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to Code of Civil Procedure section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and
make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator’s decision and award
shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 29. Remedies. In addition to other remedies available in law or equity, if the Consultant fails to make delivery of the goods or Services or repudiates its obligations under this Agreement, or if OC San rejects the goods or Services or revokes acceptance of the goods or Services,
OC San may (a) cancel the Agreement; (b) recover whatever amount of the purchase price OC San has paid, and/or (c) “cover” by purchasing, or contracting to purchase, substitute goods or services for those due from Consultant. In the event OC San elects to “cover” as described in (c), OC San shall be entitled to recover from Consultant as damages the difference between the cost of the substitute goods or services and the Agreement price, together with any incidental or consequential damages.
Professional Consultant Services Agreement 9 of 11 Specification No. CS-2025-711BD Revision 121924
30. Force Majeure. Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government, pandemics, epidemics, quarantine restrictions, or any other cause beyond its control, but the affected party shall use reasonable
efforts to minimize the extent of the delay. Work affected by a force majeure condition may be rescheduled by mutual consent of the Parties. 31. Termination. 31.1 OC San reserves the right to terminate this Agreement for its convenience, with or
without cause, in whole or in part, at any time, by written notice from OC San, provided OC San shall not terminate with cause unless OC San provided written notice of the breach and Consultant fails to cure within ten (10) days of receipt of such notice. Upon receipt of a termination notice, Consultant shall immediately discontinue all work under this Agreement (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Consultant for work performed (cost and fee) through the date of termination. Consultant expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Agreement. Such notice of termination
shall terminate this Agreement and release OC San from any further fee, cost, or claim hereunder by Consultant other than for work performed through the date of termination. 31.2 OC San reserves the right to terminate this Agreement subject to the cure opportunity set forth in Section 31.1 herein upon OC San’s determination that Consultant is not complying with the Scope of Work requirements, if the level of service is inadequate,
or for any other default of this Agreement. 31.3 OC San may also immediately terminate this Agreement for default, in whole or in part,
by written notice to Consultant:
• if Consultant becomes insolvent or files a petition under the Bankruptcy Act; or
• if Consultant sells its business; or
• if the total amount of compensation exceeds the amount authorized under this Agreement.
31.4 All OC San’s property in the possession or control of Consultant shall be returned by Consultant to OC San on demand or at the expiration or termination of this Agreement,
whichever occurs first. 32. Attorney’s Fees. If any action at law or in equity or if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which the prevailing party may be entitled. 33. Waiver. The waiver by either party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Agreement or default thereunder. Any breach by Consultant to which OC San does not object shall not operate as a waiver of OC San’s rights to seek remedies available to it for any subsequent breach. 34. Severability. If any section, subsection, or provision of this Agreement, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Agreement or instrument in the application of
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such section, subsection, or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
35. Survival. The provisions of this Agreement dealing with payment, warranty, indemnity, and forum for enforcement shall survive expiration or early termination of this Agreement.
36. Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in the County of Orange in the
event any action is brought in connection with this Agreement or the performance thereof. 37. Notices. 37.1 All notices under this Agreement must be in writing. Written notice shall be delivered by personal service, by electronic telecommunication, or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the
sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand, or request sent. All notices shall be effective when first received at the following addresses: OC San: Jeremey Arbiso
Senior Buyer Orange County Sanitation District 18480 Bandilier Circle
Fountain Valley, CA 92708 jarbiso@ocsan.gov
Consultant: Anna Lantin Senior Vice President HDR Engineering, Inc. 3220 El Camino Real, Suite 200 Irvine, CA 92620 Anna.Lantin@HDRinc.com 37.2 Each party shall provide the other party written notice of any change in address as soon as practicable. 38. Read and Understood. By signing this Agreement, Consultant represents that it has read
and understood the terms and conditions of the Agreement. 39. Authority to Execute. The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties are formally bound. 40. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral communications and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof.
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IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Agreement to be signed by their duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: _________________ By:
Ryan P. Gallagher Chair, Board of Directors
Dated: _________________ By: Kelly A. Lore Clerk of the Board
Dated: _________________ By: Kevin Work Purchasing & Contracts Manager
HDR ENGINEERING, INC.
Dated: _________________ By:
Print Name and Title of Officer
YP
EXHIBIT A Specification No. CS-2025-711BD
EXHIBIT A SCOPE OF WORK
For Comprehensive Cost of Service Rate Study
EXHIBIT A Page 1 of 4 Specification No. CS-2025-711BD
EXHIBIT A SCOPE OF WORK COMPREHENSIVE COST OF SERVICE RATE STUDY SPECIFICATION NO. CS-2025-711BD 1 INTRODUCTION The Orange County Sanitation District (OC San) is seeking a qualified Consultant to
conduct a comprehensive cost of service rate study for Regional Sewer Service, Capital Facility Capacity Charges, and ancillary services provided to customers in our service area as well as wholesale customers outside of our service area.
2 BACKGROUND, PROJECT INFORMATION AND REQUIREMENTS OC San is responsible for safely collecting, treating, and disposing the wastewater generated by 2.6 million people living in a 479-square-mile-area of central and northwest Orange County. OC San operates two wastewater treatment/reclamation plants, 15 off-site pump stations and owns and maintains 388 miles of pipes throughout our service area. Approximately 182 million gallons of wastewater is treated daily.
On December 15, 2022, the OC San Board of Directors adopted a five-year rate study
that recommended annual sewer rates to support OC San operations through June 30, 2028. OC San is seeking to adopt new rates for FY 2027/28 through FY 2031/32 due to a change in the customer base and the need to comply with the Proposition 218
requirements for new customers. Under this project, Consultant shall study and recommend sewer rates for the next five-year period as well as rates for other charges. OC San intends to comply with Proposition 218 Notification requirements; therefore, this rate analysis must be conducted and documented as to comply with all legal requirements. OC has other resources that will handle the preparation of the Proposition 218 notices and outreach efforts.
3 Project Elements/Requirements
Consultant must prepare a comprehensive rate study update for OC San. The final product will consist of a report documenting the findings and making recommendations for OC San rates for the next five years.
The study shall include but not be limited to the following:
• A cost allocation assigning operations and maintenance as well as capital expenditures to Flow, Biochemical Oxygen Demand (BOD) and Total Suspended
Solids (TSS). This functional allocation will be used as the basis for assigning treatment costs to the different customer classes including wholesale users;
• A review of the revenue requirements, including long-term maintenance and replacement costs, for the next 5 years to be used for rate setting for both Regional
Sewer Service as well as Flow, Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) for Industrial Waste Dischargers;
EXHIBIT A Page 2 of 4 Specification No. CS-2025-711BD
• Develop a wastewater cost of service and rate model for OC San covering a five-year period (Fiscal Years 2027/28 through 2031/32) for both on-going operations and planned capital improvements;
• A recommended methodology and rate schedule for Capital Facility Capacity Charges as well as Supplemental Capital Facility Capacity Charges;
• Develop a five-year sewer service fee program that produces revenues adequate to meet the financial needs of OC San as well as the operational and capital needs, while recognizing customer cost of service, and local and state legal and policy
considerations (Prop 218 & 26);
• An evaluation of the current rebate methodology for Regional sewer service fees and recommend adjustments if needed;
• A review and update of other miscellaneous fees including annexation fees;
• A review and determination of comparable charges for dry weather urban runoff flows;
• A survey of the rates and fees charged by other, comparable, municipality
wastewater utilities;
• An easy-to-use electronic model in Microsoft Excel or user-friendly application, to be used by OC San for future rate setting;
• Additional analyses and review as necessary to evidence compliance with applicable legal requirements.
4 Study Requirements
The rate study requirements shall include but are not limited to:
• Using the current rate structure as the starting point for the recommendations and proposals to be developed.
• The recommended rate structure shall be based on cost of service and shall be
sufficient to meet the short-term and long-term revenue requirements of OC San.
• The recommended rate structure shall provide direct identification of revenues appropriate to fund operating activities and infrastructure.
• The recommended rate structure shall result in no decrease in stability of the revenue stream as compared to current structures.
• The recommended rate structure shall consider the type and amount of reserves
appropriate to the investment policy of OC San. .
• The rate study shall document the methodology used in the rate recommendations and the justification for the proposed rate structure.
EXHIBIT A Page 3 of 4 Specification No. CS-2025-711BD
•The rate study and supporting documentation shall include all data and analysisnecessary to support legal compliance, and document findings through easilyunderstandable narrative.
5 PROJECT SCHEDULE
The schedule for the completion of the study is anticipated to be five months from the
effective date of the Notice to Proceed. The Consultant is encouraged to begin the study immediately after the effective date of the Notice to Proceed.
Tentative Project Schedule
•Board Authorization – March 2026
•Award Contract – March 2026
•Notice to Proceed – April 2026
•Draft Study Due- September 2026
•Final Study Due – October 2026
•Board Review & Discussion – November/ December 2026
•Board Adoption of Ordinances – February/March 2027
6 Additional Requirements/Meetings
Meetings with OC San staff and/or OC San Board of Directors at key points throughout the course of the project to review and discuss the overall project should be anticipated. This will include at a minimum:
A.Kick-Off Meeting (virtual or in-person)
B.Interim Meeting where the rate structure models are run with various capital andoperating budget scenarios (virtual or in-person).
C.Attendance at a minimum of two meetings/public hearings of the AdministrationCommittee and/or Board of Directors meetings where the rate study and rateschedules will be considered, these meetings require in person attendance.
D.Initial discussions with legal counsel and completion of draft report with at least 3weeks for review by legal counsel and OC San staff.
7 Project Activities
Task 1 – Project Management
Task 2 – Project Initiation Meeting and Data Collection
Task 3 – Capital Facilities Plan Assessment
Task 4 – Revenue Requirement Projections
Task 5 – Classification of Costs
Task 6 – Cost of Service Analyses
Task 7 – Review and Development of Rate Structure
Task 8 – Preliminary Draft Report and Meeting
Task 9 - Final Report
EXHIBIT A Page 4 of 4 Specification No. CS-2025-711BD
8 Resources Available
OC San staff can assist with: A. Collection of pertinent secondary source information. B. Provision of any existing level of service standards, if available. C. Identification of future Capital Improvement Program projects.
D. Provision of financial, budgetary and customer documentation upon request. E. Review of draft reports prior to their reproduction and distribution.
F. Coordination and scheduling of meetings between Consultant and OC San Staff. G. Provision of interim briefings to the OC San Board of Directors on the progress of the study.
H. Additional team involvement as mutually agreed upon.
ADMINISTRATION COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4846 Agenda Date:3/25/2026 Agenda Item No:17.
FROM:Robert Thompson, General Manager
Originator: Lan C. Wiborg, Director of Environmental Services
SUBJECT:
ORANGE COUNTY WASTE AND RECYCLING WASTE INFRASTRUCTURE SYSTEM
ENTERPRISE AGREEMENT AND ORGANIC SERVICES AGREEMENT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve the Waste Infrastructure System Enterprise (WISE) Agreement and the Organic
Services Agreement with Orange County Waste and Recycling to receive and dispose of
Orange County Sanitation District’s (OC San) solid waste (grit, screenings, drying bed
materials and any solids that cannot be beneficially reused) at Orange County Waste and
Recycling’s landfills for a term of 10 years from July 1, 2026 through June 30, 2036 for a total
amount not to exceed $18,000,000 which includes the phased-in unit price per ton approach
and the associated escalation costs; and
B. Approve up to one (1) additional, 10-year renewal agreement.
BACKGROUND
Orange County Waste and Recycling (OCWR)is responsible for managing Orange County’s
(County)solid waste disposal system.The system consists of three active regional landfill
operations,three organic processing facilities,20 closed solid waste disposal sites,and four
household hazardous waste collection centers.Since 2013,OCWR has been providing OC San with
a low-cost,in-county option to properly dispose up to 50 tons per day (tpd)of solid waste generated
from the grit,screenings,drying beds,as well as from special projects such as Supercritical Water
Oxidation (SCWO)at the Frank Bowerman Landfill located in the city of Irvine.In addition,OCWR
provides an option for limited disposal of solids that cannot be beneficially reused at the Prima
Deshecha Landfill located in the city of San Juan Capistrano.
On April 8,1997,the Orange County Board of Supervisors (Supervisors)approved Waste Disposal
Agreements (WDAs)for a contract term of 10 years (1997-2007)with local jurisdictions and
sanitation districts whereby jurisdictional tonnage is dedicated to County landfills in exchange for
stable and competitive disposal rates.On June 22,2004,the Supervisors approved the extension of
the WDAs to June 30, 2010.
On March 24,2009,the Supervisors approved WDAs for an additional 10-year contract term (2010-
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On March 24,2009,the Supervisors approved WDAs for an additional 10-year contract term (2010-
2020)and on December 15,2015,approved the First Amendment to extend the expiration date of
the 2009 WDAs from June 30,2020,to June 30,2025.The WDAs included the free disposal of
residential Processed Green Material for use as Alternative Daily Cover at County landfills,until the
change in regulations with Assembly Bill (AB)1594 and Senate Bill (SB)1383 implementation in
2020 removed diversion credit for the material and redefined unprocessed organic material as
regular waste.
On May 20,2025,the Supervisors approved the Second Amendment to extend the term from June
30,2025,to June 30,2026,to provide additional time for the parties to complete negotiations
regarding the successor agreement to the WDA referred to as the WISE Agreement.Local
jurisdictions and sanitation districts are also being offered new organic processing services (to assist
them in meeting their SB 1383 organic diversion mandates)under an optional Organic Services
Agreement (OSA).The majority of the language found in the WISE Agreement is carried over from
the existing WDAs and includes the County’s commitment to indemnify cities for all landfill related
environmental liability.
WISE Agreement
The WISE Agreements that were approved by the Supervisors on January 27,2026,are the result of
extensive negotiations between the County of Orange and the Orange County City Managers
Association (OCCMA)Subcommittee which was tasked with negotiating on behalf of the cities and
sanitation districts including OC San.Rates are structured with automatic annual escalation based
on the Consumer Price/Waste Industry Index (CPI)increases intended to ensure that revenue
increases along with inflationary increases to the costs of managing the Waste Infrastructure System.
The County proposed two options for jurisdictions to agree to regarding the WISE Agreement.Each
option presented provides for an analysis allowing for adjustments to ensure appropriate cost
recovery. These options are outlined below.
Option 1: $ 73 /ton in year 1 and then increasing by CPI every July 1st in subsequent years.
Option 2:Phased-In Approach (Year 1:$67/ton,Year 2:$76/ton,Year 3:$78/ton,Years 4-10:Rate +
CPI)
The County provided these options to the OCCMA Subcommittee to present to OCCMA and the
sanitation districts,including OC San,which take part in the WDAs.Additionally,both options
continue the revenue sharing from imported waste delivered to the County’s solid waste disposal
system with the jurisdictions taking part in the WISE Agreement.Based on the options presented,
the Option 2 Phased-In Approach was selected as the approved WISE Agreement rate structure.
The Option 2 rate will allow for a phased increase in rates within the County over three years,while
providing OCWR the revenue to continue its operations and programs to meet its regulatory
requirements,resulting in a stable landfill system to the residents of Orange County.Additionally,
Option 2 continues the revenue sharing from imported acceptable waste received by the County as
outlined within Section 3.6(F) of Attachment A, with jurisdictions participating in the WISE Agreement.
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Organic Services Agreement (OSA)
In addition to the disposal of waste,the WISE Agreement had originally included organics processing
for jurisdictions to take part in and deliver preprocessed organic waste to the County’s organic
facilities.OCWR-produced compost and mulch are high quality products that have received US
Composting Council’s STA Certification as well as OMRI Listed®by the Organic Materials Review
Institute,which is certified for use in organic farming and gardening under the USDA National
Organic Program.
The OSA allows jurisdictions to bring preprocessed organic waste to OCWR organic facilities for
processing and diversion at a guaranteed rate.The HF&H Consultant’s rate model assessed costs
for organics operations and required infrastructure and is proposing an Organic Contract Rate of $67
per ton.Additionally,under the OSA,jurisdictions and their residents are entitled to receive free Seal
of Assurance Testing (STA)Certified bulk compost and mulch which will assist participating
jurisdictions in meeting their SB 1383 Recovered Organic Waste Procurement requirements.
Jurisdictions and other non-contract customers that choose not to participate in the OSA,will be able
to purchase finished compost and mulch at market rates set by the OCWR Director.
Summary of the relevant Rate Adjustments:
2025 Rate 2026-2028 Proposed Rates
WDA, Amendment No. 2 $48.14/ton N/A
WISE Agreement N/A Year 1: $67/ton Year 2: $76/ton Year
3: $78/ton Years 4-10: Rate + CPI
Organic Services Agreement (OSA)N/A $67/ton + CPI
RELEVANT STANDARDS
·Maintain and adhere to appropriate internal planning documents (2025 Strategic Plan,2017
Biosolids Master Plan, etc.)
·Protect OC San assets
·Sustain 1, 5, 20-year planning horizons
·Ensure the public’s money is wisely spent
·Maintain collaborative and cooperative relationships with regulators,stakeholders,and
neighboring communities
PROBLEM
OC San’s current one-year extension of the existing WDA Amendment No.2 with OCWR is expiring
on June 30,2026,with no remaining renewal options,an agreement is needed to routinely haul solid
waste to the various in-county landfills.
PROPOSED SOLUTION
Approve the WISE Agreement and OSA with OCWR for a term of ten years from July 1,2026,
through June 30,2036,and up to one additional ten-year renewal amendment to ensure operational
resiliency, rate stability, and uninterrupted service.
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TIMING CONCERNS
OC San will need the WISE Agreement and OSA signed and processed before the WDA expires on
June 30, 2026 to ensure there is no lapse in service.
RAMIFICATIONS OF NOT TAKING ACTION
If the agreement is not approved,OC San will not have an in-county option to dispose of the solid
waste collected by OC San and its member agencies.Out-of-county alternatives pose logistical
challenges and significant cost increases.
PRIOR COMMITTEE/BOARD ACTIONS
June 2025 -Approved Amendment No.2 of the OC Waste and Recycling Waste Disposal
Agreement,extending the initial term of the Agreement from June 30,2025 to June 30,2026,for a
total amount not to exceed $748,000 which includes the unit price per ton for solid waste disposal
and the associated escalation costs.
June 2015 -Approved Amendment No.1 of the OC Waste and Recycling Waste Disposal
Agreement, extending the initial term of the Agreement from June 30, 2020 to June 30, 2025.
November 2012 -Approved a Waste Disposal Agreement with the County of Orange (Orange County
Waste and Recycling)for the County to receive and dispose of the Orange County Sanitation
District’s biosolids at the Prima Deshecha Landfill,subject to available capacity,for the period
commencing on December 1,2012 through June 30,2020,with a renewal option of 10-years in a
total annual amount not to exceed $3,605,288.
ADDITIONAL INFORMATION
N/A
CEQA
The WISE Agreement and OSA are exempt from CEQA review pursuant to CEQA Guidelines Section
15061(b)(3).
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 2025-2026,Section 5,Page 6,Contractual Services -Solids
Removal) 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:
·WISE Agreement and OSA
·OCWR January 27, 2026 - Agenda Staff Report
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WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT
(“WISE AGREEMENT”)
Between
THE COUNTY OF ORANGE, CALIFORNIA and the ORANGE COUNTY SANITATION DISTRICT
Dated July 1, 2026
County Notice Address:
Director OC Waste & Recycling 601 N. Ross Street 5th Floor Santa Ana, CA 92701
City Notice Address:
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TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS AND INTERPRETATION
Section 1.1 DEFINITIONS ................................................................................................................................. 2 Section 1.2 INTERPRETATION ........................................................................................................................ 7
ARTICLE II REPRESENTATIONS AND WARRANTIES
Section 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY ........................................................ 8 Section 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY ................................................ 9
ARTICLE III
DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE
Section 3.1 DELIVERY OF WASTE .................................................................................................................. 9 Section 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY. ................................................... 11 Section 3.3 COUNTY RIGHT TO REFUSE WASTE ...................................................................................... 12 Section 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE ............................................................... 13 Section 3.5 MISCELLANEOUS OPERATIONAL MATTERS. ...................................................................... 14
Section 3.6 OTHER USERS OF THE DISPOSAL SYSTEM. ......................................................................... 14 Section 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES. .................................................. 15
ARTICLE IV CONTRACT RATE
Section 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE ......................................... 15 Section 4.2 CONTRACT RATE ....................................................................................................................... 15
Section 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE ........................................... 21 Section 4.4 BILLING OF THE CONTRACT RATE ........................................................................................ 21 Section 4.5 RESTRICTED RESERVES ........................................................................................................... 21 Section 4.6 AUDITED FINANCIAL STATEMENTS ..................................................................................... 22 Section 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION ............................................. 22
ARTICLE V BREACH, ENFORCEMENT AND TERMINATION
Section 5.1 BREACH ........................................................................................................................................ 23 Section 5.2 CITY CONVENIENCE TERMINATION ..................................................................................... 23 Section 5.3 TERMINATION. ........................................................................................................................... 23 Section 5.4 NO WAIVERS ............................................................................................................................... 24 Section 5.5 FORUM FOR DISPUTE RESOLUTION ...................................................................................... 24
ARTICLE VI TERM
Section 6.1 EFFECTIVE DATE AND TERM. ................................................................................................. 24 Section 6.2 COMMENCEMENT DATE .......................................................................................................... 25
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ARTICLE VII GENERAL PROVISIONS
Section 7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM ....................................... 26 Section 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY. ....................................................... 26
Section 7.3 INDEMNIFICATION ..................................................................................................................... 27 Section 7.4 RELATIONSHIP OF THE PARTIES ............................................................................................ 27 Section 7.5 LIMITED RECOURSE................................................................................................................... 27 Section 7.6 PRE-EXISTING RIGHTS AND LIABILITIES ............................................................................. 27 Section 7.7 NO VESTED RIGHTS ................................................................................................................... 28 Section 7.8 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING .......................... 28
Section 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES .................................................................. 28 Section 7.10 AMENDMENTS ............................................................................................................................ 28 Section 7.11 NOTICE OF LITIGATION ............................................................................................................ 28 Section 7.12 FURTHER ASSURANCES ............................................................................................................ 28 Section 7.13 ASSIGNMENT OF AGREEMENT ............................................................................................... 28 Section 7.14 INTEREST ON OVERDUE OBLIGATIONS ............................................................................... 28 Section 7.15 BINDING EFFECT ........................................................................................................................ 28 Section 7.16 NOTICES ........................................................................................................................................ 28
APPENDIX 1
ESTIMATED ANNUAL TONNAGE
APPENDIX 2
CUMULATIVE TONNAGE
APPENDIX 3
CUMULATIVE CAPITAL COSTS
APPENDIX 4
FRANCHISE HAULER ACKNOWLEDGEMENT
APPENDIX 5
ORGANIC SERVICES AGREEMENT
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WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT
THIS WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT (“WISE Agreement” or
“Agreement” are used interchangeably) is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the “County”), and the city, special district, or sanitary district designated on the cover page of this Agreement (the “City”). County and City may hereinafter be referred to singularly as “Party” or collectively as “Parties.”.
RECITALS
The County owns, manages and operates a Waste Infrastructure System to manage municipal and solid waste
generated within the County of Orange or imported from outside the County pursuant to contractual agreements. The Waste Infrastructure System collectively includes active Class III sanitary landfills (“County Landfills”), resource recovery, recycling and organics programs, infrastructure and operations, closed landfills, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the
County.
The County is also responsible for the long-term management of twenty (20) closed landfills as required under Applicable Law.
County Landfills are used for the management of municipal solid waste pursuant to legislation including but not limited to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the “Act”) and the Short-lived Climate Pollutants Reduction Act (“SB 1383”). County Landfills are also subject to other State and federal regulations designed to ensure that landfill operations minimize the impacts to public health and safety and the environment. Pursuant to Resolution, the County established the Waste Management Enterprise Fund pursuant to Government Code §25261 to ensure that all costs associated with the operation and management of the Waste Infrastructure System are financed by charges imposed for services provided by the Department and are not funded by tax revenue or the County General Fund.
The City, in the exercise of its police power, its powers under the Act, and other Applicable Law, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection, recycling, diversion and disposal of municipal solid waste generated within the City. A significant portion of municipal solid waste generated within the City historically has been and currently is delivered by such hauler or haulers to the County for disposal in the Disposal System. Since 1997, the City and the County have provided for the management of municipal solid waste through Waste Disposal Agreements (“WDAs”), wherein the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of the WDAs. Starting in approximately 2014, the Legislature of the State of California passed several pieces of legislation (“Organics Legislation”) that require significant reductions in the disposal of Organic Waste. The purpose of the Organics Legislation is to mandate organics recycling and curtail the impacts of climate change by reducing greenhouse gas emissions such as methane. In this regard, the decomposition of organic material in the State’s landfills was identified as a significant source of methane that could be reduced. On April 23, 2019, the Orange County Board of Supervisors passed Resolution 19-031 to respond to the State’s increasing landfill diversion requirements and identified the need for additional organic processing infrastructure in the County and directed the Department to develop additional organics recycling infrastructure to support the region in meeting State organic recycling mandates. The County has developed an Organics Infrastructure that is comprised of organic processing facilities to receive and process Organic Waste to support the State’s Organic Legislation goals, promote local recycling, assist
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local jurisdictions in meeting their organic diversion requirements and correspondingly conserve capacity in the Disposal System and is offering interested Cities the option of participating in the County provided Organic Processing Services pursuant to a separate Organic Services Agreement (“OSA”) as provided in Appendix 5. In their effort to continue the concepts and purposes outlined in the WDAs and respond to Organics
Legislation, the City and the County desire to enter into this Waste Infrastructure System Enterprise Agreement (“WISE Agreement” or “Agreement”), on the terms and conditions set forth herein. The County and City acknowledge that the currently operative WDA shall remain in full force and effect until its expiration or the WISE Agreement Commencement Date, whichever comes first.
The City has determined that the execution of this Agreement by the City will serve the public health, safety and welfare of the City by providing disposal rate stability, predictable and reliable long-term disposal service, enhanced organics processing to assist in the City in meeting its Organics Legislation diversion requirements, and the continuation of sound environmental management.
The County has determined that the execution by the County of this Agreement will serve the public health, safety and welfare by providing a stable, predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the Waste Infrastructure System, thereby enabling the County to plan, manage, operate and finance improvements to the Waste Infrastructure System on a prudent and sound long term, businesslike basis consistent with its legal and regulatory obligations to the State and Federal government. Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof.
Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof.
It is, therefore, agreed as follows:
ARTICLE I DEFINITIONS AND INTERPRETATION SECTION 1.1 DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth below.
“Acceptable Waste” means all garbage, refuse, rubbish, Organic Waste and other materials and substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection and which are normally disposed of by or collected from residential (single family and multi-family), commercial, industrial, governmental and institutional establishments and which are acceptable at Class III landfills under Applicable Law.
“Act” means A B 9 3 9 the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time.
“Agreement” means this Waste Infrastructure System Enterprise Agreement (“WISE Agreement”) between
the County and the City as the same may be amended or modified from time to time in accordance herewith.
“Appendix” means an appendix to this Agreement, as the same may be amended or modified from time to
time in accordance with the terms hereof
“Applicable Law” means the Act, Organics Legislation, the Orange County Code of Ordinances, CERCLA, RCRA, CEQA, any Legal Entitlement and any federal or State rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having jurisdiction, applicable from time to time to the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance
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of the Waste Infrastructure System, and the transfer, handling, transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, environmental protection, mitigation monitoring plans and building codes). “CalRecycle” means the California Department of Resources Recycling and Recovery, which is a branch of the California Environmental Protection Agency, and any agency, department or other Governmental Body which
succeeds to the duties and powers thereof. CalRecycle oversees the State’s waste management and waste reduction programs. CalRecycle was established in 2010 to replace the California Integrated Waste Management Board and is responsible for the enforcement of legislation and regulations and diversion requirements applicable to the Waste Infrastructure System.
“Capital Costs” means all costs of the Waste Infrastructure System that are classified as capital costs for purposes of the budget of the Department in accordance with procedures established by the County of Orange
Auditor-Controller in compliance with the California State Controller’s Manual, including but not limited to all of the categories of costs of the Waste Infrastructure System including but not limited to “Buildings and
Improvements, and Infrastructure” (Object Code 4200), “Equipment” (Object Code 4000-4040) and “Intangible” (Object Code 4250-4299) in the County of Orange – Chart of Accounts, or any successor accounting or reporting system utilized by the County. “CEQA” means the California Environmental Quality Act, codified in California Public Resources. Code
Section 21000 et seq. as amended or superseded, and the regulations promulgated thereunder.
“CERCLA” means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder.
“Change in Law” means any of the following events or conditions which has a material and adverse effect on the performance by the parties of their respective obligations under this Agreement (except for payment obligations), or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership,
possession, operation or maintenance of the Waste Infrastructure System or other matters to which Applicable Law applies:
(1) the enactment, adoption, promulgation, issuance, material modification or written change in administrative or judicial interpretation on or after the Commencement Date of any Applicable Law (other than Applicable Law enacted by the County); or
(2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement
Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or
omission or lack of reasonable diligence; or
(3) the denial of an application for, delay in the review, issuance or renewal of, or suspension, termination,
interruption, imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension,
termination, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a
Change in Law; provided, however that the contesting in good faith or the failure in good faith to contest any such denial, delay, suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or
(4) any new or revised requirements or fees relating to the funding or provision of Waste Infrastructure Services, including but not limited to, Integrated Waste Management Act Fees, Host Fees, regulations for disposal operations, organics processing and diversion, recycling initiatives or activities associated with the remediation, closure, funding or monitoring of closed landfills with respect to facilities comprising the
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Waste Infrastructure System, or facilities which the County previously utilized to provide waste disposal, transfer, recycling, processing or other waste related activities.
“City” means, as applicable, the City (general law, charter or other), Special District or Sanitary District designated on the cover page of this Agreement and party to this Agreement.
“City Acceptable Waste” means all Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the City, and Residue from the foregoing wherever produced, whether within or outside the City (or Tonnage equivalencies of such Residues, as and to the extent provided in subsection 3.1(D) hereof). “Consumer Price Index” or “CPI” means the Consumer Price Index published by the Bureau of Labor Statistics for Al Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG). In the event the forgoing index is no longer published during the term of this Agreement, such other index identified by the Bureau of Labor Statistics as a replacement or otherwise generally accepted as a replacement shall be used for purposes of this Agreement; and, in the absence thereof, the Director shall select an index that it determines most closely reflects the forgoing and best implements the intent of this Agreement. “Commencement Date” means the date on which the obligations of the parties hereto commence, established as provided in Section 6.2(B) hereof. “Contract Date” means the first date on which this Agreement has been executed by both parties hereto.
“Contract Rate” has the meaning specified in Section 4.2 hereof.
“Contract Year” means the fiscal year commencing on July 1 in any year and ending on June 30 of the following year.
“Controllable Waste” means all City Acceptable Waste with respect to which the City has the legal or contractual ability to determine the disposal location therefor and which is:
(1) Non-Recycled City Acceptable Waste; (2) not generated from the operations of the Governmental Bodies which, under Applicable Law, have the independent power to arrange for the disposal of the waste they generate; and (3) collected and hauled by Franchise Haulers.
“County” means the County of Orange, a political subdivision of the State of California and party to this Agreement. “County Landfills” means all active Class III sanitary landfills located within the County of Orange and operated by the Department. At the time of execution, County Landfills consist of the Olinda Alpha Landfill located in Brea, California, the Frank R. Bowerman Landfill located in Irvine, California, and the Prima Deshecha Landfill located in San Juan Capistrano, California. (Note: The current estimated closure date for the Olinda Alpha Landfill is 2036 as specified in its Solid Waste Facility Permit. Throughout the term of this Agreement, County reserves the right to reduce, continue, expand, or cease all operation at the Olinda Alpha Landfill at its sole discretion.) “County Plan” means the integrated waste management plan of the County approved by CalRecycle pursuant to the Act as in effect from time to time.
“County Acceptable Waste” means Acceptable Waste generated in the County.
“County-wide Recycling Services” has the meaning set forth in subsection 3.7(A) hereof.
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“Cumulative Tonnage Target” for any given Contract Year means the amount specified in Appendix 2 hereto with respect to such Contract Year.
“Department” means OC Waste & Recycling, and any agency, department or other Governmental Body which succeeds to the duties and powers thereof. “Designated Facility” means the landfill or other County facility that the Department directs or assigns City
Franchise Haulers to deliver City Acceptable Waste. “Director” means the Director of OC Waste & Recycling. “Disposal Services” means the solid waste disposal and other services to be provided by the County pursuant to the Service Covenant and as otherwise provided in this Agreement. “Disposal System” means the Waste Infrastructure System which includes solid waste disposal operations
at active landfills; Organics Infrastructure; regional Household Hazardous Waste Collection Centers; and other waste management related systems deemed necessary by the County, as well as services, such as post-closure maintenance and other activities, at closed landfills formerly operated by the County, as appropriate under Applicable Law. “Environmental Fund” means the fund or funds held by the County to pay unanticipated costs of environmental mitigation, remediation or liability.
“Franchise Hauler” means any hauler or collector who provides Acceptable Waste collection services within the City pursuant to, or under authority granted by, a permit, contract, franchise or other agreement with the City. The term Franchise Hauler includes the City itself if Acceptable Waste collection and transportation services are provided directly by City operated municipal collection service.
“Full Cost Recovery” means all facets of Department costs and responsibilities including, but not limited to; operation, maintenance and management of the Waste Infrastructure System, labor and equipment, capital projects,
environmental monitoring and mitigation, site closure, legal and regulatory compliance, long-term post-closure maintenance, remediation costs, planning for contingencies associated with the County’s long-term liability and maintaining adequate financial reserves. “Governmental Body” means any federal, State, county, city or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority.
“Hazardous Material” or “Hazardous Substance” has the meaning given such term in CERCLA, the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code Section §78000 et
seq.), and Titles 26 and 27 of the California Code of Regulations and other regulations promulgated thereunder. “Hazardous Waste” means (a) any waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do either of the following: cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial threat or potential hazard to human health or the environment, or any waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to time including, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281; (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601
et seq.) and the regulations contained in 40 CFR Parts 761-766; (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp. 1996); (4) the California Public Resources Code, Section 40141 (West 1996); and (5) future additional or substitute Applicable Law pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous wastes; or (b) radioactive materials which are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.) and the regulations contained in 10 CFR Part 40. The terms Hazardous Waste, Hazardous Material or Hazardous Substance shall be used interchangeably in this Agreement when not referring to specific Applicable Law. “Host Fee” means the amount paid pursuant to Cooperative Agreements, referred to in Section 1.2 (I) of this
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Agreement, to compensate the cities identified in Section 1.2(I) (“Host Cities”) for costs or impacts incurred by Host Cities which might be associated with County Landfills due to their location within Host City boundaries, and not already substantially avoided or mitigated through the identification and adoption of Project Design Feature and Mitigation Measures.
“Imported Acceptable Waste” means Acceptable Waste that is generated outside of the geographical boundaries of the County and delivered to the Waste Infrastructure System.
“Importation Agreement” means an agreement between the County and any public or private entity for the delivery and acceptance of Imported Acceptable Waste pursuant to contract.
“Independent Haulers” means those waste collection/hauler companies primarily engaged as a principal business in the collection and transportation of municipal solid waste generated in the County of Orange which are not obligated to deliver County Acceptable Waste to the Waste Infrastructure System pursuant to a franchise, contract, permit or other authorization with a City in the County.
“Initial Term” has the meaning specified in Section 6.1(A) hereof. “Legal Entitlement” means all permits, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the Waste Infrastructure System or the performance of any obligation under this Agreement or the matters covered hereby. “Legal Proceeding” means every action, suit, litigation, arbitration, administrative or regulatory proceeding, and other legal or equitable proceeding having a bearing upon this Agreement. “Loss-and-Expense” means any and all loss, liability, obligation, damage, delay, penalty, judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs. “MRF Fines” mean undersized or pulverized material consisting of small fractions of waste that are created during the recycling process as Material Recovery Facilities.
“Net Import Revenues” has the meaning ascribed thereto in Section 3.6 (F). “Non-Recycled City Acceptable Waste” means all City Acceptable Waste other than Recycled City Acceptable Waste. “OC Waste & Recycling Enterprise Fund” means the waste management enterprise fund established and managed by the County pursuant to Section 25261 of the Government Code separate from its other funds and accounts for receipts and disbursements in connection with the Waste Infrastructure System. “Organics Legislation” means organics recycling legislation including AB 1594, AB 1826, SB 1383 and any future legislation pertaining to the management and diversion of Organic Waste. “Organics Processing Services” means the services provided by County to Cities that choose to enter into the Organic Services Agreement provided in Appendix 5. “Organics Services Agreement” (“OSA”) means that separate agreement (as provided in Appendix 5) between County and interested Cities, whereby the County agrees to provide Organic Processing Services to interested Cities pursuant to the terms of the OSA. “Organic Waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges as defined in Title 14 of the California Code of Regulations, Section 18982(a)(46).
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“Overdue Rate” means the maximum rate of interest permitted by the laws of the State, if applicable, or the prime rate established from time to time by the Bank of America, N.A. or its successors and assigns, plus 2%, whichever is lower. “Participating City” means any City executing a WISE Agreement in accordance with Section 3.6(A) hereof and meeting all requisite conditions to the Commencement Date thereof.
“Participation Threshold” means the point at which the percentage of the County’s Acceptable Waste attributable to Participating Cities which have executed and delivered Agreements shall exceed 85% percent (using the percentage rates attributed to such Participating Cities in Appendix 1).
“Posted Disposal Rate” means the per ton tipping fee charged by the County for the disposal of solid waste at the Disposal System by parties which are not entitled to disposal service at the Contract Rate pursuant to this Agreement or other contractual arrangement. “Prohibited Medical Waste” means any medical or infectious waste prohibited or restricted under Applicable Law from being received by or disposed at the Disposal System. “Qualified Household Hazardous Waste” means waste materials determined by local, State, and federal regulation to be: (1) Of a nature that they must be listed as hazardous in State statutes and regulations;
(2) Toxic/ignitable/corrosive/reactive; and (3) Carcinogenic/mutagenic/teratogenic;
which are discarded from households as opposed to businesses. Qualified Household Hazardous Waste shall not
include Unacceptable Waste.
“Recycled City Acceptable Waste” means any otherwise Controllable Waste which is separated from Acceptable Waste by the generator thereof or by processing and which is “recycled” within the meaning of
Section 40180 of the Public Resources Code. “Renewal Term” has the meaning specified in Subsection 6.1(C) hereof.
“Residue” means any material remaining from the processing, by any means and to any extent, of City Acceptable Waste or Recycled City Acceptable Waste; provided, however, that Residue shall not include minimal
amounts of material remaining after such processing (which minimal amounts shall in no event exceed 10% of the amount of such City Acceptable Waste or Recycled City Acceptable Waste prior to processing).
“Resource Conservation and Recovery Act” or “RCRA” means the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended and superseded.
“Restricted Reserves” has the meaning specified in Section 4.5. “Sanitary Districts” means the sanitary districts in the County formed pursuant to the Sanitary District Act
of 1923, codified in California Health & Safety Code Section 6400 et seq., as amended, supplemented, superseded and replaced from time to time.
“Self-Hauled Waste” means City Acceptable Waste and City Acceptable Organic Waste collected and hauled by Self-Haulers.
“Self-Hauler” means any person not engaged commercially in waste haulage who collects and hauls Acceptable Waste generated from residential or business activities conducted by such person.
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“Service Coordinator” means the service coordinator for either party designated pursuant to subsection 3.5(C) hereof. “Service Covenant” means the covenants and agreements of the County set forth in Sections 3.2 and 3.3 hereof.
“Special District” means public agencies created by a Governmental Body to provide one or more specific services to a community, such as but not limited to water, sewer, refuse, parks and recreation, fire protection, pest abatement, etc. “Source-Separated Household Hazardous Waste” means Qualified Household Hazardous Waste which has been segregated from Acceptable Waste originating or generated within the geographical jurisdiction of the City at
the source or location of generation.
“Source-Separated Household Hazardous Waste Disposal System” means the collection centers, facilities, contracts and other arrangements owned or administered by the County for the receipt, handling and disposal of Source-Separated Household Hazardous Waste.
“State” means the State of California.
“Term” shall mean the term of this Agreement.
“Ton” means a “short ton” of two thousand (2,000) pounds.
“Transfer Station” means any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility to which solid waste collected for the City is delivered for processing before receipt in the Waste Infrastructure System.
“Unacceptable Waste” means Hazardous Material; Hazardous Waste; Hazardous Substances; Prohibited
Medical Waste; Qualified Household Hazardous Waste separated from Acceptable Waste; explosives, ordnance, highly flammable substances, and noxious materials and lead-acid batteries (except if delivered in minimal
quantities); drums and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or industrial sources, such as hardened gears, shafts, motor vehicles or major components thereof, agricultural equipment, trailers, marine vessels and steel cable; hot loads; and any waste which the Waste Infrastructure System is prohibited from receiving under Applicable Law.
“Uncontrollable Circumstance” means any act, event or condition affecting the Waste Infrastructure System, the County, the City, or any of their Franchise Haulers, contractors or suppliers to the extent that it
materially and adversely affects the ability of either party to perform any obligation under the Agreement (except for payment obligations), if such act, event or condition is beyond the reasonable control of and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required
of such party under the Agreement; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence
of either party. Examples of Uncontrollable Circumstances are:
(1) an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance, epidemic; and
(2) a Change in Law.
“Unincorporated Area” means those portions of the County which are not contained within the
jurisdictional boundaries of incorporated cities.
“Unincorporated Area Acceptable Waste” means Acceptable Waste originating from or generated within
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the Unincorporated Area.
“Unrestricted Reserves” means cash and other reserves of the Waste Infrastructure System which are not Restricted Reserves. “Waste Disposal Covenant” means the covenants and agreements of the City set forth in Section 3.1 hereof.
“Waste Infrastructure System” or “Disposal System” means County owned or operated waste management related facilities, including active Class III sanitary landfills (“County Landfills”), closed landfills managed by the County, resource recovery operations, Organics Infrastructure, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County. “WISE” means Waste Infrastructure System Enterprise. “WISE Agreements” means each of the WISE agreements entered into between the County and any City within the County, Special District, Sanitary District, Jurisdiction, or operator of any Franchise Hauler located in the County in accordance with the terms herewith. SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires:
(A) References Hereto. The terms “hereby”, “hereof”, “herein”, “hereunder”, “herewith”, and any similar terms refer to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the Contract Date. (B) Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa.
(C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals. (D) Headings. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect.
(E) No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Agreement. (F) Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement.
(G) Applicable Law and Venue. This Agreement has been negotiated and executed in the State
of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. (H) Severability. If any clause, provision, subsection, Section or Article of this Agreement
shall be ruled invalid by any court of jurisdiction, then the parties shall: (1) promptly meet and negotiate a substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement; and
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(3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary purpose of the Agreement. (I) Integration; Preservation of Certain Agreements. This Agreement contains the entire
agreement between the parties with respect to the transactions contemplated hereby. This Agreement shall completely and fully supersede all prior understandings and agreements between the Parties with respect to such transactions; provided; however, that this Agreement shall not supersede the following Cooperative Agreements as they currently exist or as they may be amended in the future:
1) Cooperative Agreement between the City of Brea and the County of Orange regarding the Olinda Alpha Landfill.
2) Cooperative Agreement between the City of Irvine and the County of Orange regarding the Frank R. Bowerman Landfill. 3) Cooperative Agreement between the City of San Juan Capistrano and the County of Orange regarding the Prima Deshecha Landfill. ARTICLE II
REPRESENTATIONS AND WARRANTIES
SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City represents and warrants that: (A) Existence. The City is a general law or charter city or a Special District or Sanitary District validly existing under the Constitution and laws of the State.
(B) Due Authorization. The City has duly authorized the execution and delivery of this
Agreement, and this Agreement has been duly executed and delivered by the City.
SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY. The County represents and warrants that: (A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State. (B) Due Authorization. The County has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the County. ARTICLE III
DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF WASTE MANAGEMENT AND DISPOSAL SERVICE
SECTION 3.1 DELIVERY OF WASTE. (A) Waste Management and Disposal Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this Agreement, and subject to available Waste Infrastructure System capacity, the City shall exercise all legal and contractual power and authority which it may possess from time to time to deliver or cause the delivery of all Controllable Waste to the Waste Infrastructure System in accordance herewith. (B) Recycled City Acceptable Waste. The parties hereto acknowledge the responsibility of the City to meet its own recycling and landfill diversion goals contained in the Act and Organics Legislation. Nothing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of the City to meet such responsibilities, or to restrict the right of the residents, businesses or organizations in the City to practice source
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separation, recycling, composting or other materials recovery activities, or to restrict the right of the City to conduct, sponsor, encourage or require such activities in any form. No reduction in the amount of Controllable Waste generated in the City and delivered to the Waste Infrastructure System by or on behalf of the City which may result from any such source separation or recycling program shall cause the City any liability hereunder (other than potential adjustment to the Contract Rate to the extent provided in Article IV hereof) and shall not constitute a breach of this Agreement.
(C) Waste Delivered to Transfer Station. All Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means, wherever performed, shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Where City Acceptable Waste is processed at a facility which concurrently processes other Acceptable Waste in a manner which produces commingled residue which cannot be traced to a geographic source, generic residues from such facility in Tonnage equal to the residues that would have been produced had City Acceptable Waste only been processed at the facility shall constitute
Controllable Waste and be subject to the Waste Disposal Covenant. Any City Acceptable Waste or material derived or segregated therefrom which is held in storage and asserted by the possessor thereof to constitute Recycled City Acceptable Waste awaiting sale or distribution to the secondary materials markets shall constitute Controllable Waste if, when and to the extent that the storage or diversion thereof can be reasonably deemed to constitute an evasion of the Waste Disposal Covenant rather than generally recognized, accepted and prevailing practice in the Southern California materials recovery and recycling industry conducted in accordance with Applicable Law. In
order for the owner and/or operator of a transfer station to be entitled to deliver Acceptable Waste from a Participating City to the Waste Infrastructure System for the Contract Rate as provided in Article IV, such owner and/or operator must execute a direct agreement with the County, acknowledging and agreeing to comply with the obligation of the Participating City to cause the delivery of all Controllable Waste to the Waste Infrastructure System pursuant to this Agreement. In addition, the County shall be authorized to implement procedures to determine if Acceptable Waste delivered by the owners or operators of Transfer Stations is entitled to utilize the Waste
Infrastructure System for the Contract Rate. Such procedures may include requiring Transfer Stations to certify, under penalty of perjury, the source of any such Acceptable Waste. If necessary, the County may require that, in order to qualify for use of the Waste Infrastructure System for the Contract Rate, Transfer Stations must deliver Controllable Waste in loads containing only Controllable Waste, and not commingled with Acceptable Waste from entities which are not Participating Cities or Participating Independent Haulers.
(D) Power to Obligate Waste Disposal and Comply with this Agreement. On or before the Commencement Date, (i) any City franchise, contract, lease, or other agreement which is lawfully in effect relating to or affecting Controllable Waste shall provide, or shall have been amended to provide, that the City shall have the right without material restriction on and after the Commencement Date to direct the delivery of all Controllable Waste to the County Waste Infrastructure System (whether or not such Controllable Waste is delivered to a transfer station as an intermediate step prior to landfill disposal) and otherwise to comply with its obligations under this Agreement with respect to Controllable Waste and Franchise Haulers, and (ii) the City shall designate the Waste Infrastructure System as the disposal location pursuant to such franchise, contract, lease or other agreement. On and after the Commencement Date and throughout the Term of this Agreement the City (a) shall not enter into any franchise, contract, lease, agreement or obligation, issue any permit, license or approval, or adopt any ordinance, resolution or law which is materially inconsistent with the requirements of the Waste Disposal Covenant, and (b) shall maintain non-exclusive or exclusive franchises or other contractual arrangements over any City Acceptable Waste which, as of the Contract Date, is subject to non-exclusive or exclusive franchise or other contractual arrangements. The City agrees that the County shall be a third party beneficiary of the obligation of Franchise Haulers to deliver Controllable Waste to the Waste Infrastructure System, and may directly enforce such obligation through any legal means available. The City shall notify in writing each Franchise Hauler of the County’s third party beneficiary rights.
(E) Controllable Waste Flow Enforcement.
(1) The City, in cooperation with the Department, shall establish, implement, carry out and enforce a waste flow enforcement program which is sufficient to assure the delivery of all Controllable Waste to the Waste Infrastructure System pursuant to and in accordance with the Waste Disposal Covenant for Controllable Waste disposal at the times and in the manner provided herein. The waste flow enforcement program shall consist of amending City franchises, permits or authorizations with all Franchise Haulers, to the extent required by this Section
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and to the extent allowed by law, and shall include in addition, to the extent necessary and appropriate in the circumstances to assure compliance with the Waste Disposal Covenant, but shall not be limited to: (i) licensing or permitting Franchise Haulers, upon the condition of compliance with the Waste Disposal Covenant, (ii) providing for and taking appropriate enforcement action under any such franchise, license, or permit,
such as but not limited to the suspension, revocation and termination of collection rights and privileges, the imposition of fines or collection of damages, and the exercise of injunctive relief against non-complying Franchise Haulers and (iii) causing any Transfer Station to which Controllable Waste is delivered for processing to deliver certification, under the penalty of perjury, of the amounts of Controllable Waste received and Residue remaining from processing at such Transfer Station.
(2) The City acknowledges and agrees that in the event of a breach of the Waste Disposal Covenant by the City, the City shall pay the County an amount equal to the amount that the City would have been required to pay to
the County had the Waste Disposal Covenant not been breached, which shall be calculated by: (1) subtracting the number of tons actually delivered during the month(s) of the breach from the number of tons that were delivered during the same month(s) closest in time when there was no such breach, even if such month(s) closest in time was prior to the Term, and (2) multiplying such amount by the Contract Rate in effect at the time of such breach (or any
higher rate with respect to which the County has provided notice pursuant to Section 4.2). In the event that the County terminates the Agreement as a result of such breach, the damages due as a result of such termination shall
be equal to the average monthly deliveries by the City for the twelve (12) months prior to the commencement of the breach multiplied by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2), multiplied by the number of months that would have remained in the Term of the Agreement had the termination not occurred. The parties recognize that if the City
fails to meet its obligations hereunder, the County will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the parties agree
that the damages specified above represent a reasonable estimate of the amount of such damages, considering all of the circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the County that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this Agreement, each party specifically confirms the accuracy of the statements made above
and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made.
(F) Legal Challenges to Franchise System. The City shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise (including any lawsuits against the City or the County, whether as plaintiff or defendant), by a
Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The City shall bear the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal
Proceeding relating to the Waste Disposal Covenant or the City’s exercise thereof establishes in a final determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler fails to deliver Controllable Waste to the Waste Infrastructure System in breach of its franchise with the City on the grounds that a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver
Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds, with the result that actual waste deliveries to the Disposal System fall below the Cumulative Tonnage Targets, the County shall be
entitled to avail itself of the remedies described in Section 4.2(B) hereof. (G) Franchise Haulers. The City shall compile and provide the Department with the following information concerning all Franchise Haulers: name, address and phone number; identification number; area of collection and transportation; and franchise and permit terms.
(H) Waste Information System. The City shall cooperate with the Department in collecting information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement, the Act, Organics Legislation, or other Applicable Law. Such information may include information such as, data pertaining to Controllable Waste collected, transported, stored, processed and disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and marketed or disposed of, Controllable Organic Waste collected, stored, processed and marketed or disposed of, Franchise Haulers’ franchise, permit or license terms, collection areas,
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transportation routes and compliance with Applicable Law; and all other information which may reasonably be required by the Department in connection with this Agreement. The City agrees to include in any revised franchise, contract, license or permit or other authorization granted to Franchise Haulers an obligation of the Franchise Hauler to provide to the County information relating to the Controllable Waste collected by such Franchise Hauler, including origins from which such Controllable Waste was collected (identifying Controllable Organic Waste, Recycled City Acceptable Waste, or as otherwise may be required under this Agreement or under Applicable Law), tonnage by type
of load (residential, commercial, roll-off box), customer service levels, tonnage delivered by transfer station or material recovery facility utilized, and other related information.
(I) City Actions Affecting County. The City agrees to carry out and fulfill its responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County with its covenants and agreements with the State. In particular, the City agrees not to conduct, authorize or permit any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by
the County hereunder, and not to take or omit to take any action with respect to Controllable Waste, its collection, transportation, transfer, storage, treatment, processing, or disposal that may materially and adversely affect the County’s ability to achieve such timely compliance. Notwithstanding the foregoing, the City shall not be required to deny any permit or license or refuse to grant any approval while exercising its police powers.
(J) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle the City to deliver or cause the delivery to the Waste Infrastructure System of Acceptable Waste or Acceptable Organic Waste originating from or generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Waste or Acceptable Organic Waste. The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste or Controllable Organic Waste to the County hereunder, and shall not permit any Acceptable Waste or Acceptable Organic Waste originating from or generated outside the jurisdiction of the City to be substituted for Controllable Waste or Controllable Organic Waste for any purpose hereunder. (K) Annexations and Restructuring. It is the intention of the parties that this Agreement and the obligations and rights of the City hereunder, including particularly the Waste Disposal Covenant and the Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by the City (or any territory with respect to which the City assumes solid waste management responsibility from a Sanitary District or other public entity) and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights of the City under Applicable Law. SECTION 3.2 PROVISION OF WASTE INFRASTRUCTURE SERVICES BY THE COUNTY.
(A) Service Covenant. Commencing on the Commencement Date, and subject to available Waste Infrastructure System capacity, the County shall provide or cause the provision of the service of receiving and disposing of all Controllable Waste at the Waste Infrastructure System, and, in accordance with subsection 3.3(C) hereof,
disposing of Unacceptable Waste inadvertently accepted at the Disposal System. The County, to the maximum extent permitted under Applicable Law, shall use its best efforts to keep the Waste Infrastructure System open for the receipt
of Acceptable Waste for disposal or transfer of Controllable Waste pursuant to this Agreement. The County shall do and perform all acts and things which may be reasonably necessary or desirable in connection with its covenants in this subsection, including without limitation all planning, development, administration, implementation, construction, operation, maintenance, management, financing and contract work related thereto or
undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and under this Agreement,
Applicable Law and prudent solid waste management practice and environmental considerations.
(B) Source-Separated Household Hazardous Waste. The County shall maintain, as part of the Waste Infrastructure System, a Source-Separated Household Hazardous Waste Disposal System for the disposal of Source-Separated Household Hazardous Waste. The disposal service provided by such system shall constitute part of the Disposal Services, and shall be available to Participating Cities as part of the Contract Rate. The County may impose additional fees and charges for n e w services relating to Source-Separated Household Hazardous Waste o r with respect to cities which are not parties to an Agreement. The County may provide for the expansion, contraction or modification of the Source-Separated Household Hazardous Waste Disposal System
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and its services to the extent necessary to ensure the Waste Infrastructure System’s viability.
(C) Designated Facilities. County and City will coordinate in determining the primary landfill used for disposal and processing of Controllable Waste. The Department shall immediately advise the City by telephone of any situation, event or circumstance which results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Waste Infrastructure System, its effect on the County’s ability to perform its obligations hereunder, and the County’s best estimate of the probable duration. The Department shall confirm such advice in writing within twenty four (24) hours of the occurrence of any such inability. The County shall use its best efforts to resume normal operation of the landfill used by the City as soon as possible. In th e even t a situation, event or circumstance results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Waste Infrastructure System the County shall have the right to redirect Controllable Waste to another landfill within the Waste Infrastructure System for the duration of the situation, event or circumstance; provided, however, that in such circumstances the County shall utilize reasonable efforts to first redirect waste which is not Controllable Waste. In no event shall the County be required to accept Controllable Waste if it does not have sufficient permitted disposal capacity within the Waste Infrastructure System.
(D) Compliance with Service Covenant Not Excused for any Reason. Commencing on the Commencement Date, and subject to the terms of this Agreement, the obligations of the County to duly
observe and comply with the Service Covenant, in accordance with Applicable Law, shall apply continuously and without interruption for the Term of this Agreement. In the event that any Change in Law, situation, event or other
Uncontrollable Circumstance impairs or precludes compliance with the Service Covenant by the means or methods then being employed by the County, the County shall use best efforts to implement alternative or substitute means
and methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes the County from complying with such covenants with the means or methods then being employed
and from utilizing any alternate or substitute means or methods of compliance, the County shall continuously use all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such
law so as to enable the County lawfully to resume compliance with such covenants as soon as possible following the Change in Law.
County failure to duly observe and comply with the Service Covenant due to its efforts to comply with Applicable Law,
shall not constitute a breach under this Agreement, and shall excuse County performance to the extent necessary to comply with Applicable Law.
If the alternative or substitute means and methods proposed for the County to observe and comply with the Service
Covenant are more costly that the previously used means and methods, County shall be entitled to a corresponding Contract Rate increase to cover any associated additional costs pursuant to the provisions of Section 4.2 of this
Agreement.
SECTION 3.3 COUNTY RIGHT TO REFUSE WASTE.
(A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse delivery of: (1) Hazardous Waste; (2) Controllable Waste delivered at hours other than those provided in Section 3.5 hereof;
(3) Waste that does not constitute Acceptable Waste;
(4) Acceptable Waste delivered by City but originating from or generated outside the jurisdiction of the City;
(5) Controllable Waste consisting primarily of construction and demolition debris or inert material which may cause a particular facility’s daily tonnage limit to be exceeded;
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(6) Acceptable Waste in excess of permitted limits; and
(7) Acceptable Waste that would result in County violating Applicable Law.
(B) Identification of Unacceptable Waste. The Department shall have the right (but not the duty or the obligation) to inspect the vehicles of all Franchise Haulers delivering material to the Waste Infrastructure
System, and may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is unloaded. If the Department determines that it is impractical to separate Controllable Waste from Unacceptable
Waste in any vehicle, or if the Franchise Hauler delivering such waste is unwilling to make such separation, or if any vehicle is carrying waste which may spill or leak, then the Department may reject the entire vehicle, and the City shall forthwith remove or cause the removal of the entire delivery from the Waste Infrastructure System. The Department may take all reasonable measures to prevent waste from being blown or scattered before and during
unloading. The City shall cause the Franchise Haulers to observe and comply with Applicable Law, the operating rules and regulations of the Department, and the provisions of this Agreement prohibiting the delivery of
Unacceptable Waste to the Waste Infrastructure System.
(C) Hazardous Waste and Hazardous Substances. The parties acknowledge that the Waste Infrastructure System has not been designed or permitted to accept Hazardous Waste or Hazardous Substances, and is not intended to be used in any manner or to any extent, for the handling, transportation, storage or disposal of Hazardous Waste, Hazardous Material or Hazardous Substances. Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous Substances to the Waste Infrastructure System. City shall be responsible for the costs of removal, and any regulatory fines, associated with the knowing delivery of any Hazardous Substances to the Waste Infrastructure System by the City or its Franchise Hauler.
(D) Disposal of Unacceptable Waste and Hazardous Waste. If Unacceptable Waste or
Hazardous Waste is discovered in a vehicle at any facility within the Waste Infrastructure System, the driver of the vehicle will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or
Hazardous Waste in the tipping area of a facility within the Waste Infrastructure System Department personnel will use reasonable efforts to assure that such material has been characterized, properly secured and its disposition
resolved. The return or reloading onto the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable Law. Whenever
Hazardous Waste is detected at any facility within the Waste Infrastructure System, the Department shall take immediate action in accordance with Applicable Law.
SECTION 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE.
Commencing on the Commencement Date, the County in accordance with Applicable Law shall provide or cause to be provided the service of disposing of non-recycled Acceptable Waste originating or generated within the
Unincorporated Area and, with respect to such material, shall comply with the Waste Disposal Covenant as if the County constituted a City subject to the Waste Disposal Covenant hereunder. Rates charged by the County for the
disposal of each class of non-recycled Acceptable Waste generated in the Unincorporated Area shall be the same as the Contract Fee charged for the disposal of each class of Controllable Waste. The County shall use its best efforts to
preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant (with respect to non-recycled Acceptable Waste generated in the Unincorporated Area) against any challenge thereto, legal or otherwise,
by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The County shall bear the cost and expense of any such Legal Proceeding or other challenge (with respect to non-
recycled Acceptable Waste generated in the Unincorporated Area).
SECTION 3.5 MISCELLANEOUS OPERATIONAL MATTERS.
(A) Operating Hours. The County shall keep the Waste Infrastructure System open for the
receiving of Acceptable Waste during such regular operating hours as may be established by the Department in the operating rules and regulations applicable to the Waste Infrastructure System. The County reserves the right to modify
the operating days and hours to comply with Applicable law or as otherwise may be deemed necessary by the County.
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(B) Scales and Weighing. The Department shall operate and maintain permanent scales at the Waste Infrastructure System as required by Applicable Law. The Department shall weigh all vehicles delivering waste by or on behalf of the City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery. (C) Service Coordinator. The County and the City each shall designate in writing thirty (30) days prior to the expected Commencement Date a person to transmit instructions, receive information and otherwise coordinate service matters arising pursuant to this Agreement (each a “Service Coordinator”). Either Party may designate a successor or substitute Service Coordinator at any time by notice to the other Party. (D) Review of Records. Each Party may review the other Party’s books and records with respect to matters relevant to the performance by either Party under this Agreement or otherwise related to the operation of the Waste Infrastructure System to the extent allowed under the California Public Records Act (interpreted as if the Parties to this Agreement were natural persons for purposes of the Public Records Act). SECTION 3.6 OTHER USERS OF THE DISPOSAL SYSTEM.
(A) On or Before April 30, 2026, the County shall have the right to enter into WISE Agreements with Orange County entities with respect to Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the County, including other cities in the County, Special Districts, Sanitary Districts, Franchise Haulers and Independent Haulers. Agreements entered into during this period shall have terms and provisions substantially identical to the terms and provisions of this Agreement; provided, however, that in no event shall such agreements have terms and provisions more favorable than the terms and provisions of this Agreement (including but not limited to the Contract Rate and availability of disposal capacity). (B) After April 30, 2026, the County shall have the right to enter into WISE Agreements with Orange County entities, including any city, Special Districts, Sanitary Districts, Franchise Haulers and Independent Haulers, or otherwise accept Acceptable Waste from such parties, but only within the limitations contained in this Section. Any such agreement or waste acceptance agreement must provide that the party delivering waste shall pay a Disposal Rate at least 10% higher than the Contract Rate unless the County determines it is in the best interest of the Waste Infrastructure System to establish a Disposal Rate less than 10% higher than the Contract Rate. In no event shall the Disposal Rate be less than the Contract Rate. In addition, the County shall reserve the right in any such agreement to at any time, to the extent permitted by Applicable Law, refuse to receive and dispose of Acceptable Waste from any city, Special District, Sanitary District, Franchise Hauler and Independent Hauler if and to the extent that such receipt and disposal might materially and adversely affect the ability of the County to comply with its obligations to the Participating Cities under the WISE Agreements to which each is a party. (C) Posted Disposal Rate. The Posted Disposal Rate shall at all times be at least 10% higher than the Contract Rate.
(D) Self-Haulers. The City and the County acknowledge that Self-Haulers shall be entitled to deliver Self-Hauled Waste to the Waste Infrastructure System, on a non-contract basis, at the Posted Disposal Rate. Such Self-Haulers shall not be entitled to dispose of Acceptable Waste for the Contract Rate. (E) Receipt of Imported Acceptable Waste on a Contract Basis. The County shall have the right to enter into Importation Agreement(s) with any public or private entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Waste Infrastructure System and to generate Net Import Revenues. The County certifies that in its good faith judgment the contract or other agreement for the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from the Participating Cities in accordance with the applicable W I S E Agreements throughout the Term thereof. (F) Application and Use of Revenues From Other Users. (1) County Acceptable Waste: Throughout the Term hereof, all revenues received by the
County from the disposal or processing of County Acceptable Waste into the Waste Infrastructure System
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(including Surcharges, and any and all fine, penalty, liquidated damages or other damages, grants, awards or revenue received by the County in connection with the Waste Infrastructure System), shall be deposited by the County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Waste Infrastructure System.
(2) Imported Acceptable Waste: Throughout the Term hereof, all revenues received by the County, pursuant to an Importation Agreement, for the disposal or processing of Imported Acceptable Waste into the Waste Infrastructure System (including Surcharges, and any and all fine, penalty, liquidated damages or other damages or revenue received by the County in connection with the Waste Infrastructure System), shall first be applied toward all of the costs attributable to the acceptance and management of such Imported Acceptable Waste into the Waste Infrastructure System. Costs attributable to the disposal of Imported Acceptable Waste include, but are not limited to, deposits to the Environmental Fund, deposits to closure and post-closure reserves, Host Fees (if applicable), incremental operating costs (such as manpower expenditures, equipment, services and supplies expenditures), State surcharges, regulatory fees, charges or penalties, and a pro rata share
of capital project costs. Revenue remaining after costs attributable to the disposal and management of Imported Acceptable Waste shall be considered “Net Import Revenues” and shall be calculated and distributed as follows:
(i) Calculation: Net Import Revenues are estimated to be 30% of the revenues received by the County from the disposal of Imported Acceptable Waste (excluding any newly established per-ton fees or increases to existing per-ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Waste Infrastructure System are located.) (ii) Distribution: Net Import Revenues shall be distributed as follows;
a. 50% of any Net Import Revenues shall be paid to the County General Fund. b. 50% of such Net Import Revenues shall be paid to the Participating Cities (and to the County, with respect to the unincorporated area) listed in Appendix 1 for use for any purpose by the Participating City, including but not limited to State mandated solid waste programs. Payments of such amount to the County General Fund and the Participating Cities shall be made by the County within ninety (90) days after the end of each fiscal year. The portion of Net Import Revenues specified above payable to the Participating Cities shall be apportioned in the percentages set forth in Appendix 1. c. The percentages set forth in Appendix 1 with respect to each Participating City will be annually reviewed and adjusted every five (5) years to reflect the percentage of actual deliveries of Acceptable Waste from each Participating City as compared to the total amount of actual deliveries from all of the Participating Cities. The County shall notify Participating Cities of the revised percentages in Appendix 1 within one hundred and twenty (120) days of the end of the fiscal year. SECTION 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES.
(A) County-Wide Recycling Services. Unless otherwise specifically provided in this Agreement, County is not required to provide for any source reduction, materials recovery, recycling, or other waste diversion services under this Agreement. However, County may choose to provide County-Wide Recycling Services funded through the County OC Waste & Recycling Enterprise Fund at its sole discretion. Unless specifically provided for this in this Agreement or otherwise paid for pursuant to a rate increase as provided in Section 4.2 of this Agreement, any such County-Wide Recycling Services may be expanded, contracted or modified by the County at any time in its sole discretion. (B) Organic Processing and Diversion Services. The County has developed Organics Infrastructure and programs available to interested Cities intended to assist Cities in meeting their diversion and Organic Legislative Recycled Organic Waste Procurement goals and to promote the processing and diversion of Organic Waste into compost or other material that qualifies as diversion under Applicable Law . Cities interested in
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receiving County provided Organic Processing Services may enter into the separate Organic Services Agreement (“OSA”) provided in Appendix 5 of this Agreement.
(C) Food Waste Processing and Diversion. County is in the process of evaluating the options and feasibility of development of a Commercial Food Waste Processing Infrastructure. If developed, Cities will be provided an opportunity to participate in this service on terms which shall be separately agreed upon by the Parties. (D) Edible Food Recovery Programs. County is in the process of evaluating the options and feasibility of development of regional County-wide edible food recovery programs to assist Cities in meeting State mandated goals. The intent of Edible Food Recovery to address the food hierarchy and wasted food scale on a regional level through collaboration of all jurisdictions, key local, State and federal stakeholders, the non-profit sector and business sector. City agrees to cooperate with County efforts and collaborate on data analysis and reporting to provide jurisdictions reports for compliance under SB 1383. If developed, Cities will be provided an opportunity to participate in this service on terms which shall be separately agreed upon by the Parties.
(E) Recycling Market Development Zone (“RMDZ”) Program. The RMDZ program, administered by the California Department of Resource Recycling and Recovery (CalRecycle), combines recycling with economic development to support business that use materials from the waste stream to manufacture their products. The program offers loans, technical assistance and product marketing to eligible businesses located within designates zones. City agrees to cooperate and collaborate with County in support of the RMDZ program.
(F) Separate City-County Diversion Service Agreements. Nothing in this Agreement is intended to limit the right of the County to enter into a separate agreement with the City or any other person to provide source reduction, materials recovery, recycling, composting or other waste diversion services. Any such program conducted by the County, whether in participation with the City, any other of the Participating Cities, other Cities, Special Districts, Sanitary Districts, Franchise Haulers, Independent Haulers, Unincorporated Area or non-County entity, shall be operated, managed and accounted for as a program separate and distinct from the Disposal Services program contemplated by the WISE Agreements and shall not be funded through the general revenues of the Disposal System.
ARTICLE IV CONTRACT RATE SECTION 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE. The City acknowledges that the County shall have the right to charge and collect a Contract Rate for the acceptance, disposal,
and processing of Controllable Waste delivered to the Waste Infrastructure System by City or its Franchise Hauler. The Contract Rate shall be calculated and established, and may be modified, as provided in Section 4.2 hereof. In addition, the City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Contract Rates.
SECTION 4.2 CONTRACT RATE.
(A) Establishment of Contract Rate. The Contract Rate payable by each City or Franchise Hauler shall be a three (3) year progressive Contract Rate of $67/ton (July 1 2026 through June 30, 2027), $76/ton (July 1, 2027 through June 30, 2028), and $78/ton (July 1, 2028 through June 30, 2029) and contingent on the delivery to the Waste Infrastructure System of an amount of City Acceptable Waste at least equal to the Cumulative Tonnage Targets identified in Appendix 2, and subject to adjustment necessary to reflect the circumstances set forth in this Section 4.2 including but not limited to: (i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, other than Changes in Law; (ii) costs incurred by the County (in excess of available insurance proceeds and amounts available in the Environmental Fund for such purposes) remediating environmental conditions at the Disposal System or inactive or closed disposal sites in the County, which, if uncorrected, could give rise to potential
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claims under CERCLA or related federal or State statutes, including costs incurred providing indemnification to any Participating City pursuant to subsection 7.3;
(iii) tonnage shortfalls to the extent permitted by Sections 4.2(B); (iv) [RESERVED]
(v) increased costs incurred by the County due to the occurrence of one or more Changes in Law;
(vi) Capital Costs in excess of the Capital Costs at any point in time during the term hereof exceeding the Cumulative Capital Costs set forth in Appendix 3;
(vii) Provision of new or expanded services, provided on terms as agreed to by the Parties. Prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (i), (ii) or (iii) above, the County shall utilize the following remedies in the following order of priority: (1) reduce the costs of operating the Disposal System to the extent practicable; and (2) at the sole discretion of the County, utilize Unrestricted Reserves to pay costs of the Waste Infrastructure System.
The County will not be required to utilize such remedies prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (iv), (v) (vi), or (vii) above.
Any adjustments to the Contract Rate permitted by this Section shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized. The County agrees that it will evaluate the feasibility of long-term financing for significant capital costs where appropriate. (B) County Acceptable Waste Shortfall. In the event that the actual amount of County Acceptable Waste delivered to the Disposal System at the end of any Contract Year is less than the Cumulative Tonnage Target for such Contract Year for County Acceptable Waste, as specified in Appendix 2, the County shall utilize the following options, in the following order of priority, in order to remedy any adverse effects of such tonnage shortfall:
(i) reduce the costs of operating the Waste Infrastructure System to the extent practicable; (ii) at the sole discretion of County, utilize Restricted Reserves described in clause (iii) of Section 4.5 to pay costs of the Waste Infrastructure System; (iii) at the sole discretion of County, utilize Unrestricted Reserves to pay costs of the Waste Infrastructure System; and (iv) adjust the Contract Rate.
In the event that implementation of the steps described above does not result in sufficient revenues to satisfactorily address the shortfall in tonnage, the County shall have the right to terminate the Agreement on sixty (60) days written notice to the City. In addition, in the event that Waste Infrastructure expenses are lower than estimated or actual deliveries to the Disposal System exceed the Cumulative Tonnage Target as of the end of any Contract Year,
the City acknowledges the County shall have the right to establish reserves intended to reflect the potential for lower than expected annual waste deliveries in subsequent years, and that any such reserves shall constitute “Restricted Reserves”.
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[
(C) [RESERVED]
(D) Interim Use of Remedies. In the event that, during any Contract Year, waste deliveries to the Disposal System are 25% or more below delivery projections for such Contract Year with the result that the County determines it is unlikely that the Cumulative Tonnage Target will be achieved as of the end of such Contract Year, the County may utilize the remedies described in Section 4.2(B) prior to the end of such Contract Year;
provided, however, that if at the end of such Contract Year, the Cumulative Tonnage Target is actually met, the County shall reimburse any adjustments to the Contract Rate made pursuant to this Section to Participating Cities. Such reimbursement shall occur in a manner as agreed between the parties, and may be given as a credit or adjustment to the Contract Rate for future deliveries, rather than a lump sum payment.
(E) Special Charges. Notwithstanding Section 4.2(A), the County shall have the right to impose special charges for the provision of new or expanded services or the receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps and sludge. Such special charges shall be calculated to reflect the reasonable incremental costs to the County of providing the new or expanded services or accepting such hard to handle materials. In addition, in the event that the Board of Supervisors of the County makes a determination to implement a facility (including but not limited to a transfer station, landfill, conversion technology facility, materials recovery or processing facility, or expanded Organic Waste Processing such as CASP, Anaerobic Digestion or Commercial Food Diversion), which facility would be intended to provide for disposal or diversion alternatives, within the Waste Infrastructure System County may impose an additional charge of $0.50 per ton of Acceptable Waste in order to pay the costs of the study, development, planning, construction and/or operation of such facility. Adjustments pursuant to this Section 4.2(E) shall not require compliance with the provisions of Section 4.2(I)
(F) Escalation. The Contract Rate shall be adjusted each July 1, beginning 2029. The change will be equal to the percentage change in the Consumer Price Index – Consumer Price Index for Al Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG) as measured from the October t w e n t y o n e (21) months prior to the rate adjustment to the October immediately preceding the rate adjustment.
For example: The July 1, 2029 rate adjustment shall be based upon the index change from October 2025, to October 2026, referred to as year 1 and year 2 respectively in the following example.
Formula to calculate percentage change in the Contract Rate:
Step 1:
October Year 2 CPI - 1 = % increase in Contract Rate
October Year 1 CPI
Step 2: Current Contract Rate x (1+ % increase in Contract Rate) = Contract Rate as of July 1 Year 2
On each April 1, commencing April 1, 2027, the County shall provide the City with notice of the
adjustment to the Contract Rate to be effective the following July 1. Such notice shall contain the calculation of the adjustment set forth above. The County will calculate the new Contract Rate each year. In the event that the change in CPI as described above is negative rathe r than p os it ive, no rate adjustment will be made for that year. No adjustment under this Section 4.2(F) will take place until the October CPI index surpasses the index level as of the October immediately preceding the last annual rate adjustment pursuant
to this Section 4.1(F), which will be considered “year 1” in calculating the change in the Contract Rate.
For example, if the change in CPI is measured as follows: October 2027 = 205, October 2028 = 204, October 2029 = 201, October 2030 = 208, then there would be no adjustment in July 2029, or July 2030, and an adjustment equal to the change from 205 to 208 would be implemented on July 1, 2031. Contract Rate True-up: County will notify City prior to April 30, 2030 (and every three (3) years thereafter) and advise whether actual inflation rate since execution should be frozen for a period of time (in circumstances where
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Department revenues exceed Department Full Cost Recovery needs) or to determine whether the Contract Rate should be increased beyond CPI as described above (in circumstances where Department costs exceed CPI) to ensure that Department revenues meet Full Cost Recovery. Adjustments pursuant to this Section 4.2(F) shall not require compliance with the provisions of Section 4.2(I).
(G) Adjustment Resulting from Increased Fees. In addition to the other adjustments specified herein, the Contract Rate shall be adjusted to reflect the imposition of new fees or increase in existing fees relating to the disposal of Controllable Waste imposed by State, federal or other agencies (e.g., the State’s Integrated Waste Management fee, which is currently $1.40 per ton, but is expected in increase during the term of this Agreement). The adjustment shall be equal to the amount of any new or increased fee, and the adjustment shall take effect so as to coincide with the imposition of the new or increased fee. The County shall provide notice of any increase
pursuant to this Section 4.2(G) as soon as practicable after becoming aware of the imposition of any fees described above.
Adjustments pursuant to this Section 4.2(G) shall not require compliance with the provisions of Section 4.2(I).
(H) [RESERVED]
(I) Procedure for Rate Adjustments. In the event the County determines that it is entitled to an adjustment of the Contract Rate pursuant to Section 4.2(A) (other than 4.2(A)(iv)) or Section 4.2(B), it shall utilize the procedures described in this Section 4.2(I). The County shall be required to provide the City with at least n i n e t y (90) days prior written notice of the adjustment, which notice shall identify the specific event(s) or
circumstances which require the adjustment. The notice shall also specify the earliest date on which the County Board of Supervisors shall consider the proposed adjustment. At least f o r t y f i v e (45) days prior to such
meeting of the Board of Supervisors, the County shall provide the City with a report which shall contain the following information: a description of the specific event(s) or circumstances which require the adjustment; a description (including cost estimates) of any activities (which may include, but not be limited to capital improvements to the Waste Infrastructure System) required in order to remedy such event or circumstance; certification by the
County that it has implemented the remedies described in Section 4.2(A) or (B) prior to requiring the rate adjustment; and a description of the methodology used by the County to calculate the adjustment to the Contract
Rate (hereinafter the “County Report”). In the event the City disputes the adjustment, it shall provide the County with a written description of the reason for the dispute at least ten (10) days prior to the meeting of the Board of Supervisors identified in the initial notice of the County (hereinafter the “City Report”). The City Report shall be provided to the Board of Supervisors for consideration at such meeting in connection with the proposed rate
adjustment. At any time from and after the date that the County provides the City with the County Report, upon the request of either party, the City and County shall meet and confer in good faith to resolve any dispute that may
arise regarding the proposed adjustment to the Contract Rate. In any such meeting, the County shall be represented by the Director of the Department or his or her designee. In the event the Board of Supervisors approves all or a portion of the proposed rate adjustment, such rate adjustment shall become effective on the date identified in the initial notice sent by the County regardless of whether or not the procedures in Section 4.2(J) are utilized, but subject to
potential reimbursement pursuant to clause (11) of Section 4.2(J).
(J) Procedure for Expedited Judicial Review of Contested Rate Adjustment. In the event
that, within t h i r t y (30) days after the effective date of any Contract Rate adjustment made pursuant to Section 4.2(I), Participating Cities which, in the aggregate, accounted for more than 50% of the County Acceptable Waste delivered to the County System in the twelve (12) months preceding the Contract Rate adjustment, provide notice to the County of their election to utilize the procedures described in this Section 4.2(J), then the provisions
of this Section 4.2(J) shall be utilized by such Participating Cities and the County to resolve the dispute over the Contract Rate Adjustment. In the event that Participating Cities which have delivered the amount of waste
contemplated in the preceding sentence do not provide notice to the County of such election, the County shall have no obligation to participate in or cooperate in the implementation of the procedures described below in this Section 4.2(J). (1) In order to pursue the expedited judicial determination described in this Section
(the “Expedited Rate Determination”), the Participating Cities which have made the election described in the paragraph above (the “Challenging Cities”) must commence a civil action for breach of contract (the “Action”) in
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the Orange County Superior Court within f o r ty f iv e (45) days of the date on which the Board of Supervisors approves the challenged adjustment to the Contract Rate.
(2) Within two (2) Court days of filing the Action, the Challenging Cities shall s personally serve on the County Counsel, with copy provided to the Clerk of the Board both the summons and complaint, and a stipulation and request for the entering of an order incorporating all of the procedural provisions relating to the Expedited Rate Determination as set forth in this Section 4.2(J) (such stipulation and request for order
is hereinafter referred to as the “Expedited Rate Determination Stipulation”). The Expedited Rate Determination Stipulation shall be signed by each of the Challenging Cities, or on behalf of them by their legal counsel.
(3) Within fifteen (15) days of the date of service upon the County of the summons and complaint, and Expedited Rate Determination Stipulation, County Counsel shall execute the Expedited Rate Determination Stipulation and d e l i v e r i t a s w e l l a s the County’s answer to the complaint in the Action, b y e l e c t r o n i c m e a n s , t o the Challenging Cities through their counsel of record. The Stipulation shall also include
a waiver by each of the parties of their right to a jury trial of the issues raised in the Action. The Parties agree that the duty to execute the Expedited Rate Determination Stipulation and comply with the procedures set forth for
Expedited Rate Determination in this Section 4.2(J) shall be, and are hereby deemed to be, ministerial duties which the law specifically enjoins upon each of them, and shall be subject to enforcement by the parties herein pursuant to Code of Civil Procedure Section 1085, et seq., or by means of a complaint for specific performance. (4) Within three (3) days of the date of service by the County upon the Challenging
Cities of the fully signed Expedited Rate Determination Stipulation, the County and the Challenging Cities shall jointly make ex parte application to the Orange County Superior Court in the Action for the issuance of an order
reflecting the procedural requirements and timelines contained in the Expedited Rate Determination Stipulation, provided however, the timelines may be adjusted by the Court as it deems may be needed for its convenience. As part of such ex parte application, the County and the Challenging Cities shall expressly seek to confirm with the Orange County Superior Court the briefing schedule, and request a hearing date (effectively a
trial date) in accordance with the procedures set forth in this Section 4.2(J). (5) Within ten (10) days of the date of service by the County upon the Challenging Cities of the answer in the Expedited Rate Determination, the Challenging Cities shall file with the C ourt and e l e c t r o n i c a l l y serve upon County C o u n s e l the Challenging Cities’ opening brief and the Record in the Expedited Rate Determination. The opening brief shall not exceed 15 pages in length. The Record shall consist of, and be limited to, the record of the proceedings before the Board of Supervisors with respect to the adjustment of the Contract Rate, including but not limited to the County Report and the City Report prepared by each or any of the Challenging Cities pursuant to Section 4.2(I), any materials filed or lodged with the Board of Supervisors and the Orange County Waste Management Commission in connection with its decision, the transcript of the proceedings of the Board of Supervisors meeting(s), and the Orange County Waste Management Commission, the minutes of the Board of Supervisors and the Orange County Waste Management Commission meeting, and the resolution and/or other documentation evidencing t h e action by the Board of Supervisors and the Orange County Waste Commission to adjust the Contract Rate pursuant to Section 4.2(A) or (B). The record shall also include the most recent reports prepared pursuant to Sections 4.6 and 4.7. The Expedited Rate Determination shall be decided solely on the evidence in the Record, and no extrinsic evidence shall be submitted to or considered by the Court. (6) Within ten (10) days of service by the Challenging Cities of their opening brief and the Record, the County shall file and elec tron ica l ly serve upon the Challenging Cities’ Counsel the County’s opposition brief. The opposition brief shall not exceed 15 pages in length. (7) Within five (5) days of service by the County upon the Challenging Cities of the opposition brief, the Challenging Cities may file and electronically serve upon County Counsel a reply rebuttal brief, which shall not exceed 10 pages in length.
(8) The trial of the Expedited Rate Determination shall be conducted as a law and motion hearing, similar to a hearing on a writ, which shall be conducted at the date set by the Court in connection with the ex parte application conducted pursuant to Section 4.2(J)(4), or such other date and time ordered by the Court. If the Court requests the parties to prepare supplemental briefs in response to any question or issue raised by the Court, the parties may do so.
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(9) The standard of review for the Expedited Rate Determination shall be the preponderance of the evidence based upon the Record. The burden of proof shall be borne by the Challenging Cities, and the burden of proof shall be the same as with respect to a plaintiff in a damages action for breach of contract. Both parties have participated in the drafting of this Agreement. Accordingly, nothing set forth in this Agreement shall be interpreted or construed for or against either of the parties as a consequence of their participation
in the drafting of this Agreement.
(10) The court shall be advised that the Parties request that it issue a written statement of decision and enter judgment within thirty (30) days of the date of the hearing in the Expedited Rate Determination, although the Parties recognize that the Court has discretion to act as it deems appropriate in accord with applicable laws in connection with the timing thereof. (11) If the court determines that any portion of the County’s adjusted Contract Rate
which is the subject of the Expedited Rate Determination was improperly imposed, the County shall, within thirty (30) days of the date of the statement of decision, reimburse to the City the amount improperly imposed, together with
interest calculated at the Overdue Rate. If agreed by the Parties, as an alternative such reimbursement may be made in the form of a reduction in the Contract Rate for a future period (not to exceed twelve (12) months), applied in a manner such that it provides full reimbursement of the amounts described above (including the Overdue Rate, to be applied consistent with provisions of Section 7.14 hereof.)
(12) If for any reason the court does not sign the order contained in the Expedited Rate Determination Stipulation, the City shall, within 30 days of the court’s denial of such requested order, file with
the court and personally serve upon the County a motion for summary judgment and/or motion for judgment on the pleadings, in accordance with Code of Civil Procedure Section 437(c) and 438. By executing this Agreement, the parties hereby stipulate that, in the event that the Challenging Cities file such summary judgment motion and/or motion for judgment on the pleadings, the Record shall be deemed to have been incorporated into the complaint and
answer filed by the Challenging Cities and the County, and no evidence outside of the Record is relevant or material to the dispute raised in the Expedited Rate Determination. The briefing schedule and hearing on such motion for
summary judgment and/or motion for judgment on the pleadings shall be in accordance with Code of Civil Procedure Section 437(c). The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (12). (13) In the event that the Court both does not sign the order contained in the Expedited
Rate Determination Stipulation and set the matter for disposition as contemplated herein, the County and the Challenging Cities shall, within twenty (20) days following the issuance of the Court’s order or decision not to honor
the parties’ stipulation or not to hear the parties’ motion for summary judgment, make application to the Orange County Superior Court for an expedited hearing or trial date. The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (13). In this regard, and without limiting the foregoing, the only evidence to be presented at the hearing or trial shall be
the Record, no testimony shall be presented at the hearing or trial; and both the County and the Challenging Cities waive all rights to a jury trial, to any reconsideration of the decision of the court, to a new trial after the court
renders a decision, and to any appeal or review of the decision of the court.
SECTION 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE, AND OTHER AMOUNTS DUE. (A) Payment by City. In the event and to the extent (1) the City uses municipal collection
forces directly for the haulage of Controllable Waste to the Waste Infrastructure System or (2) the City uses non-municipal Franchise Haulers for collection but nonetheless elects to pay the Contract Rate and other amounts due
from City revenues, the City, as its own Franchise Hauler, shall have direct responsibility for payment of the Contract Rate and other amounts due, and shall take all such budgetary, appropriation and other action as may be necessary to provide for the timely payment of the Contract Rate and other amounts due. Such action may include, depending upon the means authorized by the City to provide for such payment, the levy and collection of general or
special taxes, the imposition of benefit assessments, or the collection of user fees, generator charges or other similar impositions for municipal solid waste disposal. The City shall use best efforts in accordance with Applicable Law to levy and impose all such taxes, assessments, fees or charges, and will take all steps, actions and proceedings for the
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enforcement, collection and payment of all such amounts which shall become delinquent, to the full extent permitted by Applicable Law.
(B) Payment by Franchise Haulers. With respect to Controllable Waste delivered by Franchise Haulers on behalf of City other than City municipal collection forces, the obligation to pay the Contract Rate and other amounts due shall rest with such Franchise Haulers. Franchise Hauler shall pay the Contract Rate or other amounts due or any portion thereof when due. In the event of any such failure by Hauler, the County and the City shall
cooperate with each other and use their best efforts to obtain timely payment from Franchise Hauler. Such efforts by the County may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and bringing a legal proceeding for payment and damages. Such efforts by the City may include, as appropriate, legal proceedings to suspend, revoke or terminate the Franchise Hauler’s franchise, permit or license rights. In the event that Franchise Hauler is determined bankrupt by a court of competent jurisdiction or is otherwise unable or unwilling to pay amounts due, City shall be responsible for any outstanding amounts due to County by Franchise Hauler in
connection with Franchise Hauler’s provision of collection services on behalf of City. (C) Disputes. If the City or the Franchise Hauler disputes any amount billed by the County in any Billing Statement, the City or the Franchise Hauler shall nonetheless pay the billed amount and shall provide the County with written objection within thirty (30) days of the receipt of such Billing Statement indicating the amount that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or disagreement with such amount. If the City or the Franchise Hauler and the County are not able to resolve such dispute within thirty (30) days after the City’s or the Franchise Hauler’s objection, either party may pursue appropriate legal remedies.
SECTION 4.4 BILLING OF THE CONTRACT RATE OR OTHER AMOUNTS DUE. The County shall continue to bill Contract Rates and other amounts due after the Commencement Date, in the same manner as it has customarily billed tipping fees. Subject to the other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing on reasonable notice to affected parties.
SECTION 4.5 RESTRICTED RESERVES. For purposes of this Agreement, “Restricted Reserves” means cash and other reserves of the Waste Infrastructure System which are restricted to specific uses or are otherwise being reserved by the County to meet its obligations hereunder throughout the term of the Agreement with respect to the Waste Infrastructure System pursuant to any Applicable Law, contract, adopted budget, budgetary policy of the County with respect to the Waste Infrastructure System, or other arrangement. Such cash and other reserves are not required to be deposited in separate accounts or funds in order to constitute “Restricted Reserves” hereunder, and may be commingled with Unrestricted Reserves or other funds of the County attributable to the Waste Infrastructure System. “Restricted Reserves” shall include, but not be limited to, the following:
(i) reserves for closure of components of the Waste Infrastructure System to the extent
required by Applicable Law;
(ii) amounts reserved by the County for funding of post closure maintenance and monitoring with respect to components of the Waste Infrastructure System; (iii) reserves established to protect the Waste Infrastructure System against the adverse financial impact of potential decreases in waste deliveries pursuant to Section 4.2(B);
(iv) amounts reserved to pay the costs of capital improvements with respect to the Waste Infrastructure System;
(v) amounts funded from revenues during the early years of the term of the Agreement reserved to enable the County to provide disposal services for the Contract Rate during the later years of the Agreement;
(vi) amounts temporarily held by the County prior to payment to the State or other Governmental Bodies pursuant to Applicable Law (including any fees or charges payable to CalRecycle);
(vii) reserves required to meet bond covenants pursuant to financing agreements for
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Waste Infrastructure System assets to the extent such amounts must be legally separate and distinct from other reserves identified in this Section; (viii) security deposits from landfill deferred payment program users;
(ix) amounts held by the County in the Environmental Fund (provided, however, that such amounts in the Environmental Fund will be made available and used by the County if required to pay costs
relating to environmental remediation or other related costs);
(x) AB 939 surcharges;
(xi) amounts held by the County in the Corrective Action Fund held pursuant to CCR Title 27 to demonstrate financial assurance to pay for potential groundwater contamination; and
(xii) an amount equal to three (3) months of budgeted expenses for the Disposal System for the current fiscal year, representing working capital of the Disposal System.
SECTION 4.6 AUDITED FINANCIAL STATEMENTS. The County shall annually, on or before January 1 each year, prepare or cause to be prepared and have on file for inspection an annual report for the preceding Contract Year, accompanied by a certificate of an independent public accountant or of the County Auditor and Controller as to the examination of the financial statements therein (describing such statements as fairly presenting the information therein in conformity with generally accepted accounting principles) relating to the Waste Infrastructure System, services, and the fiscal activities of the OC Waste Disposal Enterprise Fund, and including statements in reasonable detail of the financial condition of the OC Waste Disposal Enterprise Fund as of the end of the Contract Year and revenue and expenses for the Contract Year.
SECTION 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION. The County shall annually, on or before May 1 of each year, prepare or cause to be prepared, an updated Ten-Year Financial Projection for the Waste Infrastructure System. Said Financial Projection shall include at least two full years of prior actual data and ten years of future projections including the following elements:
1. County Acceptable Waste, in tons;
2. Imported Acceptable Waste, in tons;
3. Revenues and expenditures; 4. Cash fund balances, including all monies in the County Solid Waste Enterprise
Fund, with specific delineation of monies in the Environmental Fund, Restricted Reserves, Unrestricted Reserves, and all other funds of the System; and
5. Projected liabilities for closure and post closure as well as reasonable reserves for other environmental costs.
The purpose of the Ten-Year Financial Projection is to keep the City fully informed about the future financial condition of the Waste Infrastructure System. The County shall cause a copy of the Ten-Year Financial Projection to be delivered to the City Manager/General Manager of the City no later than May 1 of each year. Upon request, the County shall make available to the Cities supporting information related to the ten-year financial projection
ARTICLE V BREACH, ENFORCEMENT AND TERMINATION
SECTION 5.1 BREACH. The Parties agree that in the event either Party breaches any obligation under this Agreement or any representation made by either Party hereunder is untrue in any material respect, the other Party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligations to be
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performed hereunder. Neither Party shall have the right to terminate this Agreement except as provided in Section 5.2 and Section 5.3 hereof or as otherwise provided in this Agreement.
SECTION 5.2 CITY CONVENIENCE TERMINATION. The City shall have the right to terminate this Agreement in its sole discretion, for its convenience and without cause at any time during the Term hereof upon ninety (90) days’ written notice to the County. If the City exercises its rights to terminate the Agreement pursuant to this Section, the City shall pay the County a termination fee equal to the Contract Rate in effect at the time of
such termination (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2) multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System during the preceding twelve (12) months (or, if the City had been in breach of the Waste Disposal Covenant during such prior months, such amount as would have been delivered if the City had complied with the Waste Disposal Covenant), multiplied by the number of years remaining in the Term of the Agreement. SECTION 5.3 TERMINATION.
(A) By City. Except as expressly provided herein, the City shall have no right to terminate this Agreement for cause except in the event of the failure or refusal by the County substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the City the right to terminate this Agreement for cause under this subsection unless: (1) The City has given prior written notice to the County stating that a specified
failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the County and which will, in its opinion, give the City the right to terminate this Agreement for cause
under this subsection unless such breach is corrected within a reasonable period of time, and
(2) The County has neither challenged in an appropriate forum (in accordance with Section 5.5) the City’s conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of
time not more than ninety (90) days from the date of the notice given pursuant to clause (1) of this subsection (but if the
County shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the County is continuing to take such steps to correct such breach). (B) By County. Except as expressly provided herein, the County shall have no right to terminate this Agreement for cause except in the event of the failure or refusal by the City or its Franchise Hauler to substantially perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the County the right to terminate this Agreement for cause under this subsection unless:
(1) The County has given prior written notice to the City stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the City and which will, in its opinion, give the County right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and
(2) The City has neither challenged in an appropriate forum (in accordance with Section 5.5) the County’s conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than ninety (90) days from the date of the notice given pursuant to clause (1) of this subsection (but if the City shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the City is continuing to take such steps to correct such breach). SECTION 5.4 NO WAIVERS. No action of the County or the City pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either Party of the other Party’s compliance with any term or provision of this Agreement. No course of dealing or delay by the County
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or the City in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such Party’s rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or the City under this Agreement shall preclude any other or further exercise thereof of the exercise of any other right, power or remedy. ARTICLE VI
TERM SECTION 6.1 EFFECTIVE DATE AND TERM.
(A) Initial Term. This Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2036, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination. (B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the Parties, on or before June 30, 2036 for an additional term of ten (10) years (the “Renewal Term”) on the same terms and conditions as are applicable during the Initial Term hereof or on amended terms as may be mutually agreed to by the Parties. The City shall give the County written notice of its election to renew this Agreement on or before June 30, 2035. If the parties do not execute a renewal of this Agreement prior to June 30, 2036 it shall expire.
(C) Contract Rate During Renewal Term. In connection with the parties’ right to renew this Agreement for an additional ten-year term pursuant to Section 6.1(C), the parties shall, on or before January 31, 2036 negotiate an applicable change in the Contract Rate for such renewal term. In determining any revisions to the Contract Rate to be applicable during any renewal period, in addition to the circumstances described in Section 4.2(A), the parties may take into consideration the following parameters, including but not limited to: (i) actual cost of operations;
(ii) population growth;
(iii) increase or decrease in available tonnage;
(iv) economic and disposal market conditions in the Southern California region;
(v) new regulatory requirements;
(vi) Changes in Law;
(vii) changes in transportation and technology;
(viii) closure and expansion of nearby landfills;
(ix) capacity of the Disposal System;
(x) provision of new and/or expanded services; and
(xi) available reserves which are in excess of the amount reasonably required as reserves.
(D) Survival; Accrued Rights. The rights and obligations of the parties hereto pursuant to Sections 3.1(E)(2), 5.1, 5.3, 7.2, 7.3, 7.6, 7.7, 7.8, and 7.9 hereof shall survive the termination or expiration
of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination or expiration. At the end of the Term of
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this Agreement, all other obligations of the parties shall terminate.
SECTION 6.2 COMMENCEMENT DATE.
(A) Obligations of the Parties Prior to the Commencement Date. The Parties acknowledge that the Agreements may be executed and delivered on different dates and that, except as provided in this subsection, neither the County nor the City shall be obligated to perform its obligations hereunder until the Participation Threshold provided herein has been met and the other conditions to the occurrence of the Commencement Date
have occurred. Prior to the Commencement Date, each Party hereto shall at its own expense exercise good faith and due diligence and take all steps within its reasonable control in seeking to satisfy the conditions to the
Commencement Date set forth herein as soon as reasonably practicable. The County and the City, each at its own expense, shall cooperate fully with each other and the other Participating Cities in connection with the foregoing
undertaking. Until the Commencement Date occurs, the Original WDAs shall remain in full force and effect until they expire or are terminated.
(B) Condition to the Commencement Date. The Commencement Date for the Agreement shall be the date on which Participating Cities reach the Participation Threshold. Unincorporated County is assumed
to be a Participating City for the purposes of determining the Commencement Date in accordance with this Section 6.2(b) and Appendix 1 of this Agreement.
(C) Satisfaction of Condition and Commencement Date. Upon the satisfaction or waiver of the condition to the Commencement Date, the County shall give written notice thereof to the Cities which have
theretofore executed Agreements. The parties shall thereupon hold a formal closing acknowledging the satisfaction or waiver of the condition to the Commencement Date, certifying that the Commencement Date has occurred and
designating the Participating Cities. Copies of all of the documents or instruments constituting or evidencing satisfaction of the Commencement Date conditions shall be furnished to each party prior to or on the Commencement Date.
(D) Newly Incorporated Cities. Any city within Orange County which becomes incorporated after the Commencement Date shall upon request be offered the opportunity by the County to become a Participating City on substantially the same terms and conditions as this Agreement.
(E) Failure of Condition. If by June 30, 2026, or such later date as the County may agree, the condition to the Commencement Date specified in this Section is not satisfied, either party hereto may, by notice in writing to the other party, terminate this Agreement. Neither party shall be liable to the other for the termination of this Agreement pursuant to this subsection, and each of the parties shall bear its respective costs and expenses incurred in seeking to satisfy the condition to the Commencement Date. ARTICLE VII GENERAL PROVISIONS SECTION 7.1 OPERATION AND MAINTENANCE OF THE WASTE INFRASTRUCTURE SYSTEM. The County, at its cost and expense through the County Solid Waste Enterprise Fund, shall at all times operate, or caused to be operated, the Waste Infrastructure System in accordance with Applicable Law and the operating rules and regulations of the Department and other applicable regulatory agencies.
SECTION 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY.
(A) Performance Excused. Except as otherwise specifically provided in this Agreement, neither the County nor the City shall be liable to the other for any failure or delay in the performance of any obligation under this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance.
(B) Notice, Mitigation. The Party experiencing an Uncontrollable Circumstance shall notify
the other Party by telecommunication or telephone and in writing, on or promptly after the date the Party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed within fifteen (15) days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date
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the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such Party’s obligations hereunder will be delayed, (3) the estimated amount, if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such Party under this Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas where costs might be reduced and the approximate amount of such cost reductions. Each Party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance.
Whenever such act, event or condition shall occur, the Party claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement. In addition, with respect to Changes in Law, the County shall diligently contest any such changes the imposition of which would have a material adverse impact on the Waste Infrastructure System. While the delay continues, the County or City shall give notice to the other Party, before the first day of each succeeding month, updating the information previously submitted.
(C) Impact on Contract Rate. If and to the extent that Uncontrollable Circumstances interfere with, delay or increase the cost to the County of meeting its obligations hereunder and providing Waste Infrastructure
Services to the Participating Cities in accordance herewith, the County shall be entitled to an increase in the Contract Rate as provided in Section 4.2 herein or an extension in the schedule for performance equal to the amount of the increased cost or the time lost as a result thereof. The proceeds of any insurance available to meet any such increased cost shall be applied to such purpose prior to any determination of cost increases payable under this
subsection. Any cost reductions achieved through the mitigating measures undertaken by the County pursuant to subsection 7.2(B) hereof upon the occurrence of an Uncontrollable Circumstance shall be reflected in a reduction of
the amount by which the Contract Rate would have otherwise been increased or shall serve to reduce the Contract Rate to reflect such mitigation measures, as applicable.
SECTION 7.3 INDEMNIFICATION. To the extent permitted by law, the County agrees that, it will protect, indemnify, defend (with counsel selected by County) and hold harmless the City from and against all Loss-and-
Expense arising from the City’s activity as an “arranger” (for purposes of and as such term is defined under CERCLA or comparable State statutes) of municipal solid waste disposal pursuant to this Agreement. In the event the City shall
determine for any reason, other than a disabling conflict of interest, that it wishes to be defended by legal counsel other than the legal counsel provided by the County, the cost of providing such legal counsel shall be the City’s sole responsibility. Any costs incurred by the County pursuant to this Section shall be considered an Uncontrollable Circumstance cost and the County shall be entitled to adjust the Contract Rate as provided in subsection 4.2(A)
herein. The County shall not, however, be required to indemnify or defend the City from and against all Loss-and-Expense arising from any willful, knowing, illegal or negligent disposal of hazardous waste (other than
incidental amounts of Household Hazardous Waste commonly found in municipal solid waste and permitted to be disposed in Class III landfills under RCRA) which violates the County’s landfill permits or Applicable Law. The parties agree that this provision constitutes an indemnity under CERCLA (to the extent of the specific provisions of this Section). The parties acknowledge that this subsection is not intended to and does not create any
obligation on the part of the County to provide any indemnification or defense to any Franchise Hauler, whether franchised or not, or any Independent Hauler or Transfer Station, under any circumstances. The City acknowledges
the County’s legitimate interest in actively participating in any defense, litigation or settlement, whether the County or the City provides legal counsel and shall, as a condition to County’s provision of this indemnity, coordinate and cooperate fully with the County in the defense of any claims to which this Section applies. SECTION 7.4 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties. SECTION 7.5 LIMITED RECOURSE.
(A) To the City. Except in the event the City has not established or maintained a City Solid Waste Enterprise Fund that maintains funds available to cover at least one year’s anticipated cost for disposal and processing of City Acceptable Waste, no recourse shall be had to the general funds or general credit of the City for the payment of any amount due the County hereunder, or the performance of any obligation incurred hereunder, including
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any Loss-and-Expense of any nature arising from the performance or non-performance of the City’s obligations hereunder. If the City maintains a City Solid Waste Enterprise Fund with at least one year’s anticipated costs for disposal and processing of City Acceptable Waste the sole recourse of the County for all such amounts shall be to the funds held in any such City Solid Waste Enterprise Fund. All amounts held in any City Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the County. The City shall make adequate provision in the administration of any City Solid Waste Enterprise Fund for the payment
of any amount or the performance of any obligation which may be due hereunder. If City fails to maintain a City Solid Waste Enterprise Fund with at least one year’s anticipated cost for disposal and processing of City Acceptable Waste, City general fund or general credit shall be liable to County for payment of amounts due to the County. (B) To the County. No recourse shall be had to the general funds or general credit of the County for the payment of any amount due the City hereunder, or the performance of any obligation incurred hereunder, including any Loss-and-Expense of any nature arising from the performance or non-performance of the
County’s obligations hereunder. The sole recourse of the City for all such amounts shall be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement. All amounts held in the County Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the City. The County shall make adequate provision in the administration of the County Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder.
SECTION 7.6 PRE-EXISTING RIGHTS AND LIABILITIES. Nothing in this Agreement is intended to affect, release, waive or modify any rights, obligations or liabilities which any Party hereto may have to or against the other Party as of the Contract Date relating to the receipt of Acceptable Waste in the Waste Infrastructure System or any other related matter.
SECTION 7.7 NO VESTED RIGHTS. The City shall not acquire any vested property, license or other rights in the Waste Infrastructure System by reason of this Agreement.
SECTION 7.8 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING. Any liability incurred by the City as a result of collecting, transporting or processing of Acceptable Waste, or as a result
of causing, franchising, permitting, licensing, authorizing or arranging any of the foregoing, shall be the sole liability of City, except as expressly otherwise provided herein.
SECTION 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either Party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential,
punitive or similar damages based upon claims arising out of or in connection with the performance or non- performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation
made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory.
SECTION 7.10 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both Parties.
SECTION 7.11 NOTICE OF LITIGATION. Each Party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement
executed by the City or the County or any Legal Entitlement issued in connection herewith.
SECTION 7.12 FURTHER ASSURANCES. At any and all times the City and the County so far as may
be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably
requested by the other in order to give full effect to this Agreement. SECTION 7.13 ASSIGNMENT OF AGREEMENT. (A) Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either Party hereto without the prior written consent of the other Party, which may be withheld in the
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other Party’s sole discretion. Notwithstanding the foregoing, either Party may assign this Agreement to another public entity, subject to the reasonable consent of the other party. In such circumstances the Party not requesting the assignment shall have the right to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning Party.
(B) Sale. The County shall not enter into any agreement for the sale of the Waste Infrastructure System which provides for an effective date for such sale prior to the termination of this Agreement.
SECTION 7.14 INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise provided herein, all amounts due hereunder, whether as damages, credits, revenue or reimbursements, that are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365-day year, counting the actual number of days elapsed, and all such interest accrued at any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued. SECTION 7.15 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the Parties
hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 7.13 hereof.
SECTION 7.16 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective Parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any Party by notice to the other Party. Section 7.17 ATTORNEYS FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear their own attorney’s fees, costs and expenses. Signature Page to Follow
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IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written.
COUNTY OF ORANGE
By Director, OC Waste & Recycling
By
Ryan P. Gallagher Board Chairman Orange County Sanitation District
Attest : Kelly A. Lore Clerk of the Board Orange County Sanitation District
Date
APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA
By
Date
Date
Date
APPROVED AS TO FORM:
By Scott C. Smith, General Counsel
Date
ORANGE COUNTY SANITATION DISTRICT
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APPENDIX 1 ESTIMATED ANNUAL TONNAGE
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APPENDIX 1 PERCENTAGE OF COUNTY ACCEPTABLE WASTE ATTRIBUTABLE TO PARTICIPATING CITIES FOR PURPOSE OF SECTION 6.2(b)
Jurisdiction
Percentage of County
Acceptable Waste
Aliso Viejo 0.82% Anaheim 14.78% Brea 2.62% Buena Park 1.02% Costa Mesa (Costa Mesa Sanitary District) 3.41% Cypress 0.85% Dana Point 1.33% Fountain Valley 1.63% Fullerton 4.08% Garden Grove (Garden Grove Sanitary District) 4.74% Huntington Beach 5.91% Irvine 9.64% La Habra 1.72% La Palma 1.27% Laguna Beach 1.18% Laguna Hills 0.89% Laguna Niguel 1.44% Laguna Woods 0.28% Lake Forest 2.14% Los Alamitos 0.33% Mission Viejo 2.33% Newport Beach 3.58% Orange 5.25% Placentia 1.39% Rancho Santa Margarita 1.03% San Clemente 2.43% San Juan Capistrano 2.93% Santa Ana 9.45% Seal Beach 0.52% Stanton 1.47% Tustin 2.04% Unincorporated Orange County (1) 3.19% Villa Park 0.16% Westminster (Midway City Sanitary District) 2.47% Yorba Linda 1.68% Total 100% (1) Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with Section 6.2(b) of this Agreement. (2) A Participating City will only be included for purposing of determining the Commencement Date upon (i) execution of a WISE Agreement by that Participating City and (ii) execution of a Hauler Acknowledgement(s) by the Franchise Hauler(s) operating within such Participating City.
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APPENDIX 2
CUMULATIVE TONNAGE
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APPENDIX 2
Cumulative County Acceptable Waste Tonnage Target to be Used
Fiscal Year (Ending June 30) County Acceptable Waste Tonnage Cumulative County Acceptable Waste Tonnage
2026 3,343,282 3,343,282
2027 3,278,595 6,621,877
2028 3,029,924 9,651,801
2029 2,982,454 12,634,255
2030 2,411,983 15,046,238
2031 2,261,201 17,307,439
2032 2,225,152 19,532,591
2033 2,181,838 21,714,429
2034 2,187,041 23,901,470
2035 2,219,362 26,120,832
2036 2,224,792 28,345,624
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APPENDIX 3
CUMULATIVE CAPITAL COSTS
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APPENDIX 3
CUMULATIVE CAPITAL COSTS
to be Used
for Purposes of Section 4.2(A)vi
Fiscal Year (Ending June 30) Annual Capital Costs Cumulative Capital Costs
2026 $72,599,664 $72,599,664
2027 $79,950,000 $152,549,664
2028 $155,135,000 $307,684,664
2029 $136,185,000 $443,869,664
2030 $41,171,500 $485,041,164
2031 $16,745,000 $501,786,164
2032 $18,165,000 $519,951,164
2033 $36,605,000 $556,556,164
2034 $30,100,000 $586,656,164
2035 $1,510,000 $588,166,164
2036 $25,000,000 $613,166,164
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APPENDIX 4
FRANCHISE HAULER ACKNOWLEDGMENT
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FRANCHISE HAULER ACKNOWLEDGMENT
THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as of_______________(the “Acknowledgment”), and
between the __________ (the “City”) and ______________ (the “Franchise Hauler”).
WITNESSETH
WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled
______________ dated as of_____________ (the “Franchise”); and
WHEREAS, the City has issued to the Franchise Hauler a permit, license, approval or other authorization
the “Authorization”) which allows the Franchise Hauler to provide solid waste collection services within the City; and
WHEREAS, the Franchise [SUBSTITUTE “AUTHORIZATION” THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein (“Franchise Waste”)
generated within the City; and
WHEREAS, the County of Orange (the “County”) owns, manages and operates a Waste Infrastructure System
that is permitted to accept or process Acceptable Waste for disposal or diversion; and
WHEREAS, the City and the County have heretofore entered into a Waste Infrastructure System Enterprise Agreement (the “WISE Agreement”), dated as of______________; and
WHEREAS, the WISE Agreement details responsibilities for disposal of municipal solid waste and may include processing of identified Organic Waste for diversion, generated within the boundaries of the City, and determine that the execution of the WISE Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Waste Infrastructure System and
providing disposal rate stability, predictable and reliable long-term disposal service, enhanced organics processing to assist the City in meeting its organics diversion requirements, and the continuation of sound environmental management; and
WHEREAS, under the WISE Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and may also provide for Organic Waste processing under an OSA and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Waste Infrastructure System; and
WHEREAS, the provisions of the WISE Agreement guarantee capacity for the long term disposal and
processing of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler;
WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Waste Infrastructure System; and
WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the WISE Agreement and to assure conformity
with the waste delivery obligations which have been agreed to by the City under the WISE Agreement through the delivery of waste by the Franchise Hauler to the Waste Infrastructure System; and
WHEREAS, the Franchise Hauler’s agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler’s right to receive the Contract Rate for such disposal and processing as provided in the WISE Agreement.
NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby,
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agree as follows:
1.Capitalized terms used and not otherwise defined herein are used as defined in the WISEAgreement.
2.The Franchise Hauler hereby waives any right which it may possess under applicable law tocontest on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or
authority of the County or the City to enter into or perform their respective obligations under the WISE Agreement, (b) the enforceability against the County or the City of the WISE Agreement, or (c) the right, power or
authority of the City to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance with this Acknowledgment.
3.The City and the Franchise Hauler each hereby represent that this Acknowledgment has been dulyauthorized by all necessary action of their respective governing bodies.
4.The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including allResidue from the processing by any means, wherever conducted, of Controllable Waste), to the Designated Facility in
the Waste Infrastructure System/Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the WISE Agreement.
5.The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility,composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or
management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility
constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Disposal System in compliance with the Waste Disposal Covenant.
6.The Franchise Hauler shall pay the Contract Rate imposed by the County for the disposal ofall Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances
set forth in the Agreement.
7.Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given
the Franchise Hauler in any City Franchise Agreement to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations.
8.The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstandingany provision of the Franchise which may conflict herewith.
9.This Acknowledgment may be enforced by the City by any available legal means. In anyenforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith.
10.This Acknowledgment shall be in full force and effect and shall be legally binding upon the Cityand Franchise Hauler from the date hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end of the Term of the WISE Agreement.
11.The City and F r a n c h i s e Hauler agree that the County shall be an express third-partybeneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder. There shall be no additional third party beneficiaries under this Acknowledgement.
12.The Franchise Hauler agrees to assist the County in verifying tonnage collected by the FranchiseHauler and providing information required by the County. T h e F r a n c h i s e Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll-off box, etc.), and by facility to which it was delivered (specify which landfill or transfer station). Hauler will provide customer service levels and route lists. T h e F r a n c h i s e Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel available to the County and/or its auditors.
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IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of day of , ______.
Signature:
Printed Name:
Title:
APPROVED AS TO FORM:
By
City Attorney
Date
(Franchise Hauler)
Signature:
Printed Name:
Title:
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Appendix 5
ORGANIC SERVICES AGREEMENT
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Appendix 5
ORGANIC SERVICES AGREEMENT
Between
THE COUNTY OF ORANGE, CALIFORNIA
and
__________________________
Dated , 2025
County Authorization Date:
City Authorization Date:
County Notice Address:
Director OC Waste & Recycling 601 N. Ross Street 5th Floor Santa Ana, CA 92701
City Notice Address:
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ORGANIC SERVICES AGREEMENT
THIS ORGANIC SERVICES AGREEMENT (“Organics Agreement” or “OSA”) is made and dated as of
the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the “County”), and the City designated on the cover page of this Agreement (the “City”). County and City may hereinafter be referred to singularly as “Party” or collectively as “Parties.”.
RECITALS
The County owns, manages and operates a Waste Infrastructure System to manage municipal and solid waste generated within the County of Orange or imported from outside the County pursuant to contractual agreements. The
Waste Infrastructure System collectively includes active Class III sanitary landfills (“County Landfills”), resource recovery, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County.
County Landfills are used for the management of municipal solid waste pursuant to legislation including but not limited to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the “Act”) and the Short-lived Climate Pollutants Reduction Act (“SB 1383”). County Landfills are also subject to other State and federal regulations designed to ensure that landfill operations minimize the impacts to public health and safety and the environment.
Pursuant to Resolution, the County established the Waste Management Enterprise Fund pursuant to Government Code §25261 to ensure that all costs associated with the operation and management of the Waste Infrastructure System are financed by charges imposed for services provided by the Department and are not funded by tax revenue or the County General Fund.
The City, in the exercise of its police power, its powers under the Act, and other Applicable Law, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection, recycling, diversion and disposal of municipal solid waste generated within the City.
A significant portion of municipal solid waste generated within the City historically has been and currently is delivered by such hauler or haulers to the County for disposal in the Disposal System.
Since 1997, the City and the County have provided for the management of municipal solid waste through Waste Disposal Agreements (“WDAs”), wherein the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of the WDAs.
Starting in approximately 2014, the Legislature of the State of California passed several pieces of legislation (“Organics Legislation”) that require significant reductions in the disposal of Organic Waste. The purpose of the Organics Legislation is to mandate organics recycling and curtail the impacts of climate change by reducing greenhouse gas emissions such as methane. In this regard, the decomposition of organic material in the State’s landfills was identified as a significant source of methane that could be reduced.
Prior to the passage of Organics Legislation, Processed Green Material (“PGM”) could be utilized as Alternative Daily Cover (“ADC”) for landfill operations and qualified for diversion credit. However, passage of Assembly Bill 1594 resulted in PGM used as ADC no longer being eligible for diversion credit starting on January 1, 2020.
In addition to the loss of diversion eligibility for PGM used as ADC, SB 1383 requires a 50% reduction in the disposal of Organic Waste by January 1, 2020 and a 75% reduction of Organic Waste by January 1, 2025. In addition, the law requires 20% of edible food waste be recovered by 2025.
On April 23, 2019, the Orange County Board of Supervisors passed Resolution 19-031 to respond to the State’s increasing landfill diversion requirements and identified the need for additional organic processing infrastructure in the County and directed the Department to develop additional organics recycling infrastructure to
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support the region in meeting State organic recycling mandates. (See Attachment 4)
To respond to Organics Legislation requirements, the County has developed an Organics Infrastructure that is comprised of organic processing facilities to receive and process Organic Waste to support the State’s Organic Legislation goals, promote local recycling, assist local jurisdictions in meeting their organic diversion requirements and correspondingly conserve capacity in the Disposal System.
In their effort to continue the concepts and purposes outlined in the WDAs and respond to Organics Legislation, the City and the County desire to enter into this Organics Agreement, on the terms and conditions set forth herein.
With the exception of the terms and organic specific provisions found in this Organics Agreement, the Parties
intend that the provisions of the currently operative WDA and the replacement WISE Agreement that is being negotiated between the County and City are anticipated to become operative on July 1, 2026, be applied to this OSA.
The City has determined that the execution of this Organics Agreement by the City will serve the public health, safety and welfare of the City by providing enhanced organics processing to assist in the City in meeting its Organics Legislation diversion requirements, and the continuation of sound environmental management.
The County has determined that the execution by the County of this Organics Agreement will serve the public health, safety and welfare by providing a stable, predictable and reliable supply of organic material and the resulting service payment revenue to the Organics Infrastructure, thereby enabling the County to plan, manage, operate and finance improvements to the Organics Infrastructure System on a prudent and sound long term, businesslike basis consistent with its legal and regulatory obligations to the State and Federal government.
Official action approving this Organics Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof.
Official action approving this Organics Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof.
It is, therefore, agreed as follows:
ARTICLE I DEFINITIONS AND INTERPRETATION
SECTION 1.1 DEFINITIONS. The definitions provided in the WDA and yet to be executed WISE Agreement shall be incorporated into this Agreement. The following terms shall be added and have the meanings set forth below.
“Acceptable Organic Waste” means Residential Organic Waste that consists of Green Material/Wood Waste, Agricultural Material, Manure, Vegetative Food Material, Food Waste and other organic material as may be authorized under the County’s Compostable Material Handling Permits.
“Attachment” means an attachment to this OSA, as the same may be amended or modified from time to time in accordance with the terms hereof.
“CalRecycle” means the California Department of Resources Recycling and Recovery, which is a branch of the California Environmental Protection Agency. CalRecycle oversees the State’s waste management and waste
reduction programs. CalRecycle was established in 2010 to replace the California Integrated Waste Management Board and is responsible for the enforcement of legislation and regulations and diversion requirements applicable to the Waste
Infrastructure System.
”City Acceptable Organic Waste” means all Acceptable Organic Waste which was originally discarded by the
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first generator thereof within the geographical limits of the City and Residue Waste from the foregoing wherever produced, whether withing or outside the City. “City Organic Tonnage Limit” the maximum amount of Controllable Organic Waste that County is committed to accept under the Organic Service Covenant as provided in Attachment 3.
“Commencement Date” means the date on which the obligations of the parties hereto commence.
“Contract Date” means the first date on which this OSA has been executed by both parties hereto.
“Controllable Organic Waste” means all City Acceptable Organic Waste with respect to which the City has the legal or contractual ability to determine the processing location and procurement requirements as they relate to the City’s Organics Legislation compliance requirements.
“Consumer Price Index” or “CPI” means the Consumer Price Index published by the Bureau of Labor Statistics for Al Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG). In the event the forgoing index is no longer published during the term of this Agreement, such other index identified by the Bureau of Labor Statistics as a replacement or otherwise generally accepted as a replacement shall be used for purposes of this Agreement; and, in the absence thereof, the County Board of Supervisors shall select an index that it determines most closely reflects the forgoing and best implements the intent of this Agreement. “Initial Term” has the meaning specified in Section 5.1(A) hereof. “Manure/Stable Bedding Program” means the programs used by the County to mix source separated uncontaminated horse manure and stable bedding into its Organic Infrastructure to create organic product. Current permit requirements set a maximum percentage of 20% manure/stable bedding (“Material”) by weight of total incoming feedstock. County agreement to accept Material is subject to payment of the Organic Contract Rate, available capacity, and compliance with the terms found in Attachment 2.
“Organic Contract Rate” has the meaning specified in Section 4.2 hereof.
“Organic Diversion Credit” means credit provided to a local jurisdiction or entity for implementing the diversion of Organic Waste from landfilling through specific activities recognized by the Department of Resources Recycling and Recovery (CalRecycle) including composting, anaerobic digestion, or other methods to meet the State’s waste diversion goals and statutes such as Assembly Bill 939, Assembly Bill 341, Assembly Bill 1594, Assembly Bill 1826, and SB 1383 through waste prevention, reuse, and recycling.
“Organic Infrastructure” means the County’s organics processing facilities and programs used to recycle and promote the processing and diversion of Organic Waste into compost or other material that qualifies as diversion under Applicable Law as described in more detail in Attachment 1. “Organics Legislation” means organics recycling legislation including Assembly Bill 1594, Assembly Bill 1826, SB1383 and any future legislation pertaining to the management and diversion of Organic Waste. “Organic ROWP Procurement Credit” means credit provided to a jurisdiction to meet their Recovered Organic Waste Procurement Target under SB 1383 by procuring Recovered Organic Waste Products as permitted by
CalRecycle. “Organics Agreement” means this Organic Services Agreement (“OSA”) between the County and the City as the same may be amended or modified from time to time in accordance herewith. “Organic Take-Back Goal” means the programs that City and County will work toward to create City programs that have the goal of City taking back its Proportional Share of finished compost or other Recovered Organic Waste Product for local application.
“Organic Waste” means solid wastes containing material originated from living organisms and their metabolic
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waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges as defined in Title 14 of the California Code of Regulations, Section 18982(a)(46).
“Processed Green Material” (“PGM”) as defined in Title 27, California Code of Regulations §20690(b)(3) means any plant material that is either separated at the point of generation, or separated at a centralized facility that
employs methods to minimize contamination. Green material includes, but is not limited to, yard trimmings, untreated wood wastes, paper products, and natural fiber products. Green material does not include treated wood waste, mixed demolition or mixed construction debris, manure, or plant waste from the food processing industry, alone or blended with soil. Processed green material may include varying proportions of wood waste from urban and other sources and shall be ground, shredded, screened, source separated for grain size, or otherwise processed. This PGM standard is the standard that Controllable Organic Waste must meet in order to be accepted at County’s Organic Infrastructure
under the OSA.
“Proportional Share” means 60% of the weight of Controllable Organic Waste City delivered by City to County’s Organics Infrastructure.
“Recovered Organic Waste Product” or “ROWP” means compost, mulch, renewable energy (transportation fuel, electricity, and gas for heating) from anaerobic digestion, and electricity from biomass conversion.
“Recycled City Organic Waste” means any otherwise Controllable Organic Waste which is separated from Acceptable Organic Waste by the generator thereof and composted by generator at home, community gardens or other
processing and which is not placed in Franchise Hauler bin for collection.
“Renewal Term” has the meaning specified in Subsection 5.1(C) hereof.
“Residential Organic Waste” means Acceptable Organic Waste normally disposed of by or collected from
residential (single family and multi-family) residences.
"Residual Waste” means any contaminants, inert materials, overs, or Acceptable Organic Waste that could not be processed at the Department’s Organic Infrastructure that required to be dispose within the Disposal System.
“Waste Disposal Agreement” (“WDA”) means the currently operative agreement between the Parties for the
disposal of municipal solid waste that is currently set to expire on June 30, 2026. With the exception of specific or conflicting provisions provided in this Organics Agreement, the Parties agree that the terms found in the WDA shall be applied to the interpretation of this OSA. For the purpose of interpretation of this OSA, the Parties also intend that the WDA be read to include terms such as Controllable Organic Waste, where appropriate.
“Waste Infrastructure System” or “Disposal System” means active Class III sanitary landfills (“County
Landfills”), closed landfills managed by the County, resource recovery operations, Organics Infrastructure, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and
other waste management related systems as may be deemed necessary by the County.
“Waste Infrastructure System Enterprise Agreement” or “WISE Agreement” means each of the agreement between the parties that is expected to replace the current WDA that is set to expire on June 30, 2026.
SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires:
References Hereto. The terms “hereby”, “hereof”, “herein”, “hereunder”, “herewith”, and any similar terms
refer to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the Contract Date.
Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa.
Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as
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individuals.
Headings. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect.
No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Agreement.
Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement.
Applicable Law and Venue. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all
rights to request that an action be transferred for adjudication to another county.
Severability. If any clause, provision, subsection, Section or Article of this Agreement shall be ruled invalid by any court of jurisdiction, then the parties shall: (1) promptly meet and negotiate a substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared
such invalidity for a judicial construction of the invalidated portion of this Agreement; and (3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary purpose of the Agreement.
ARTICLE II REPRESENTATIONS AND WARRANTIES
SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City represents and warrants that:
(A)Existence. The City is a general law or charter city or a Special District or SanitaryDistrict validly existing under the Constitution and laws of the State.
(B)Due Authorization. The City has duly authorized the execution and delivery of thisOrganics Agreement, and this Organics Agreement has been duly executed and delivered by the City.
SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY. The County represents and warrants that:
(A)Existence. The County is a political subdivision of the State of California validlyexisting under the Constitution and laws of the State.
(B)Due Authorization. The County has duly authorized the execution and delivery of thisOSA, and this OSA has been duly executed and delivered by the County.
ARTICLE III DELIVERY AND ACCEPTANCE OF ORGANIC WASTE AND PROVISION OF
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ORGANIC PROCESSING SERVICES
SECTION 3.1 DELIVERY OF ORGANIC WASTE.
(A)Organic Waste Covenant. Subject to the occurrence of the Commencement Date andthroughout the Term of this OSA, and subject to available Organic Infrastructure capacity, the City shall exercise all legal
and contractual power and authority which it may possess from time to time to deliver or cause the delivery of all Controllable Organic Waste (up to City’s Organic Tonnage Limit as provided in Attachment 3) to the Waste
Infrastructure System in accordance with the terms of this OSA.
(B)Recycled City Organic Waste.
1.Non-Mandatory Organic Waste City Programs: The parties hereto acknowledge the responsibility of the
City to meet its own recycling and landfill diversion goals contained in the Act and Organics Legislation.Nothing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of the City tomeet such responsibilities, or to restrict the right of the residents, businesses or organizations in the City topractice source separation, recycling, composting or other materials recovery activities, or to restrict theright of the City to conduct, sponsor, encourage or require such activities in any form. No reduction in theamount of Controllable Organic Waste generated in the City and delivered to the Organic Infrastructure byor on behalf of the City which may result from any such source separation or recycling program shallcause the City any liability hereunder (other than potential adjustment to the Organic Contract Rate asmay be negotiated by the Parties as authorized under this OSA, and shall not constitute a breach of thisAgreement.)
2.Mandatory Organic Waste City Collection Programs: City shall provide data and information to Countyregarding City’s mandatory Organic Waste collection programs including but not limited to the tonnage oforganics collected by the City for diversion under this OSA. The information will be used to provideeducation and outreach for participation with the goal of minimizing contamination and increasing diversion.
(C)Organic Diversion Credit. City shall receive Organic Diversion Credit for City’sControllable Organic Waste minus any Residual Waste delivered by City and accepted by County and processed into Recovered Organic Waste Product at the County’s Organic Infrastructure.
(D)Organic ROWP Procurement Credit. City shall receive Organic ROWP reports for finished recovered organics waste products procured from County that meets the procurement requirements of Title 14 of the California Code of Regulations, Section 18993.1 et seq. City shall receive Organic ROWP Procurement Credit as follows:
1.County will assist City in developing local City programs and opportunities designed to enable the City tomeet its own ROWP requirements.
2.City shall be entitled to “take back” its Proportional Share of SB 1383 compliant, STA Certified compost,mulch or other ROWP products from County Organics Infrastructure and used as ROWP ProcurementCredit.
3.County will provide reports and allocate credit associated with City resident ROWP pickup as well ascommercial landscapers from City that collect ROWP from County Organic Infrastructure.
4.City will be eligible to receive ROWP Procurement Credit for excess Acceptable Recovered OrganicWaste Product that County is able to market beyond that needed for the County unincorporated areas orthat is not otherwise committed. (*County makes no guarantees that it will provide City with 100% ROWPProcurement Credit.)
(E)Organic Take-Back Goal. City is not required to “take back” its Proportional Share of STA
Certified finished compost, mulch, or other ROWP from the County’s Organic Infrastructure, however City and County will work toward creating City programs that have the goal of City taking back its Proportional Share of
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finished compost or other Recovered Organic Waste Product for local application (“Organic Take-Back Goal”) to meet City’s ROWP procurement requirements.
(F)Procurement of Additional ROWP. Pursuant to terms agreeable to both Parties, City mayrequest to procure Recovered Organic Waste Product in addition to its Proportional Share within the same Contract Year.
(G)OSA Conditions. As a condition of participating in the County’s Organics Infrastructure,City agrees to the following terms:
1.All Controllable Organic Waste delivered to the County’s Organics Infrastructure shallmeet the standards as set forth in Attachment 2;2.City or its Franchise Hauler shall pay the Organics Contract Rate for all Organic Wastedelivered to the County’s Organic Infrastructure for processing into Recovered OrganicWaste Product;3.City shall provide information to County on a quarterly basis that identifies whereControllable Organic Waste being delivered to the County’s Organic Infrastructureoriginated and shall ensure that the organic material being delivered meets the definitionof City Acceptable Organic Waste.4.Bulk ROWP: City shall be entitled to arrange for the Take Back (at City cost) fromCounty Organic Infrastructure compost, mulch and other Recovered Organic WasteProduct in bulk form free of charge.5.Non-Bulk ROWP: County may establish separate fees for provision of non-bulkmaterial including but not limited to bagged material or compost wattles. City shall beentitled to arrange for the Take Back of Non-Bulk ROWP at City cost.6.City’s Proportional Share shall be calculated as 60% of the weight of ControllableOrganic Waste City delivers to County’s Organics Infrastructure by City.
(H)No Right of Organic Waste Substitution. Nothing in this Agreement shall authorize orentitle the City to deliver, or cause the delivery to the County’s Organic Infrastructure, Acceptable Organic Waste originating from or generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Organic Waste into the Waste Infrastructure System. The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Organic Waste to the County hereunder, and shall not permit any Acceptable Organic Waste originating from or generated outside the jurisdiction of the City to be substituted for Controllable Organic Waste for any purpose hereunder.
SECTION 3.2 PROVISION OF ORGANIC PROCESSING SERVICES BY THE COUNTY.
(A)Organic Service Covenant. Commencing on the Commencement Date, the County shallprovide or cause the provision of the service of receiving and processing of City’s Controllable Organic Waste (up to the City Organic Tonnage Limit provided in Attachment 3) at the County’s Organics Infrastructure as described in more detail in Attachment 1. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Organic Service Covenant consistent with prudent solid waste management practice and environmental considerations and under Applicable Law.
(B)Receipt of Controllable Organic Waste. Upon acceptance of the Controllable Organic Waste that meets the PGM standards provided in Attachment 2, County shall process the Organic Waste into compost, mulch or other ROWP as specified in Title 14 of the California Code of Regulations Section 18993.1
(C)Education and Outreach. The Department will assist the City and its hauler in their effortson Organic education and outreach with the goal of the City meeting its organic diversion and ROWP procurement requirements.
(D)Designated Facilities. County and City will coordinate in determining the primary organicprocessing facilities and tonnages (as reflected in Attachment 1) used for receiving and processing of Controllable Organic Waste. The Department shall immediately advise the City by telephone of any situation, event or circumstance which results in the partial or complete inability of the County to receive Controllable Organic Waste at any particular
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County Organics Infrastructure within the Waste Infrastructure System, its effect on the County’s ability to perform its obligations hereunder, and the County’s best estimate of the probable duration. The Department shall confirm such advice in writing within twenty four (24) hours of the occurrence of any such inability. The County shall use its best efforts to resume normal operation of the Organics Infrastructure primarily used by the City as soon as possible. In the event a situation, event or circumstance results in the partial or complete inability of the County to receive Controllable Organic Waste at any particular County Organics Infrastructure within the Waste Infrastructure System the County
shall have the right to redirect Controllable Organic Waste to another landfill or County Organics Infrastructure within the Waste Infrastructure System for the duration of the situation, event or circumstance; In no event shall the County be required to accept Controlled Organic Waste if it does not have sufficient permitted organic processing capacity within the Waste Infrastructure System.
(E)Compliance with Service Covenant Not Excused for any Reason. Commencing on theCommencement Date, and subject to the terms of this Agreement, the obligations of the County to duly observe and
comply with the Organic Service Covenant, in accordance with Applicable Law, shall apply continuously and without interruption for the Term of this OSA. In the event that any Change in Law, situation, event or other Uncontrollable Circumstance impairs or precludes compliance with the Organic Service Covenant by the means or methods then being employed by the County, the County shall use best efforts to implement alternative or substitute means and methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes the County from complying with such covenants with the means or methods then being employed and from utilizing
any alternate or substitute means or methods of compliance, the County shall continuously use all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the County lawfully to resume compliance with such covenants as soon as possible following the Change in Law.
County failure to duly observe and comply with the Organic Service Covenant due to its efforts to comply with Applicable Law, shall not constitute a breach under this Organics Agreement, and shall excuse County performance to
the extent necessary to comply with Applicable Law.
If the alternative or substitute means and methods proposed for the County to observe and comply with the Organic Service Covenant are more costly than the previously used means and methods, the Parties shall negotiate a mutually agreeable new Organic Contract Rate. If the Parties are unable to agree on a new Organic Contract Rate, the Parties may terminate this agreement without penalty with ninety (90) days notice.
SECTION 3.3 COUNTY RIGHT TO REFUSE ORGANIC WASTE.
(A)Right of Refusal. Notwithstanding any other provision hereof, the County may refusedelivery of:
(1)Hazardous Waste;
(2)Acceptable Organic Waste delivered by City but originating from or generatedoutside the jurisdiction of the City;
(3)Acceptable Organic Waste delivered in excess of the City Organic Tonnage Limit listedin the Attachment 3;
(4)Acceptable Organic Waste in excess of permitted limits;
(5)Acceptable Organic Waste that would result in County violating Applicable Law;
(6)Controllable Organic Waste that does not meet the requirements found in Attachment
2;
SECTION 3.4 COUNTY PROVISION OF OTHER ORGANIC WASTE DIVERSION SERVICES.
(A)Food Waste Processing and Diversion. County is in the process of evaluating the options
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and feasibility of development of a Commercial Food Waste Processing Infrastructure. If developed, City will be provided an opportunity to participate in this service on terms separately agreed to by the Parties.
(B)Edible Food Recovery Programs. County is in the process of evaluating the options andfeasibility of development of regional County-wide edible food recovery programs to assist Cities in meeting State mandated goals. The intent of Edible Food Recovery to address the food hierarchy and wasted food scale on a regional
level through collaboration of all jurisdictions, key local, State and federal stakeholders, the non-profit sector and business sector. City agrees to cooperate with County efforts and collaborate on data analysis and reporting to provide jurisdictions reports for compliance under SB1383.
(C)Separate City -County Diversion Service Agreements. Nothing in this Agreement isintended to limit the right of the County to enter into a separate agreement with the City or any other person, jurisdiction, or entity to provide source reduction, materials recovery, recycling, composting or other waste diversion services.
ARTICLE IV O R G A N I C CONTRACT RATE
SECTION 4.1 CHARGING AND SECURING PAYMENT OF ORGANIC CONTRACT RATE.
The City acknowledges that the County shall have the right to charge and collect an Organ ic Contract Rate for the acceptance and processing of Controllable O r g a n i c Waste delivered to the Organic Infrastructure by C i t y o r its Franchise Hauler. City acknowledges that the County shall have the right to establish as part of theoperating rules and regulations reasonable measures to secure the payment of all Organic Contract Rates.
SECTION 4.2 ORGANIC CONTRACT RATE.
(A)Establishment of Contract Rate. The Organic Contract Rate payable by each City orFranchise Hauler shall be $67/Ton up to the City Organic Tonnage Limit.
(B)Special Charges. Notwithstanding Section 4.2(A), the County shall have the right toimpose special charges for items such as bagged material or compost wattles; new or expanded services; or receipt of
hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps, biosolids and sludge. Such special charges shall be calculated to reflect the reasonable incremental costs to the County of
providing the new or expanded services or accepting such hard to handle materials.
(C)Escalation.
1.Annual CPI Adjustment: The Organics Contract Rate shall be adjusted each July 1,beginning 2027. The change will be equal to the percentage change in the Consumer Price Index - Consumer Price Index for Al Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG) as measured from the October t w e n t y o n e (21) months prior to the rate adjustment to the October immediately preceding the rate adjustment. In the event that the change in the change in CPI as described
above is negative rather th an po si ti ve, no rate adjustment will be made for that year.
Organic Contract Rate True-up: County will notify City prior to April 30, 2029 (and every three (3) years thereafter) and advise whether actual inflation rate since execution should be frozen for a period of time (in circumstances where Department revenues exceed Department Full Cost Recovery needs) or to determine whether the Organic Contract Rate should be increased beyond CPI as described above (in circumstances where Department costs exceed CPI) to
ensure that Department revenues meet Full Cost Recovery.
2. Adjustment Resulting from Increased Fees: In addition to the other adjustmentsspecified herein, the Organic Contract Rate shall be automatically adjusted to reflect the imposition of new fees or increases in existing fees relating to the County’s processing of Controllable Organic Waste imposed by State, federal or other agencies. The County shall provide notice of any increase pursuant to this Section as soon as practicable
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after becoming aware of the imposition of any fees described above.
ARTICLE V TERM
SECTION 5.1 EFFECTIVE DATE AND TERM.
(A)Initial Term. This Organic Services Agreement shall become effective, shall be in full forceand effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2036, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination.
(B)Bi-Annual Opener. In light of the significant changes in law by the California Legislatureto address climate change, the Parties agree to meet at least bi-annually or earlier at the request of County to review the Organic Contract Rate and discuss the need for additional investment into the Organic Infrastructure to respond to existing or new legislative requirements, diversion requirements, provision of new services, or other matters of mutual concern to the Parties.
(C)Option to Renew. This Agreement shall be subject to renewal by mutual agreement ofthe Parties, on or before June 30, 2036 for an additional term of 10 years (the “Renewal Term”) on the same terms and conditions as are applicable during the Initial Term hereof or on amended terms as may be mutually agreed to by the Parties. The City shall give the County written notice of its election to renew this Agreement on or before June 30, 2034. If the parties do not execute a renewal of this Agreement prior to June 30, 2036 it shall expire.
ARTICLE VI GENERAL PROVISIONS
SECTION 6.1 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective Parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any Party by notice to the other Party.
SECTION 6.2 ATTORNEYS FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear their own attorney’s fees, costs and expenses.
SECTION 6.3 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties.
SECTION 6.4 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either Party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non- performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory.
SECTION 6.5 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both Parties.
SECTION 6.7 NOTICE OF LITIGATION. Each Party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith.
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SECTION 6.8 FURTHER ASSURANCES. At any and all times the City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement.
SECTION 6.9 ASSIGNMENT OF AGREEMENT. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either Party hereto without the prior written consent of the other Party, which may be withheld in the other Party’s sole discretion. Notwithstanding the foregoing, either Party may assign this Agreement to another public entity, subject to the reasonable consent of the other party. In such circumstances the Party not requesting the assignment shall have the right to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning Party.
SECTION 6.10 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the Parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 6.9 hereof.
Signature Page to Follow
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IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written.
COUNTY OF ORANGE
Date By Director, OC Waste & Recycling
APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA
By
Date
Date By
Ryan P. GallagherBoard ChairmanOrange County Sanitation District
Date Attest: Kelly A. LoreClerk of the BoardOrange County Sanitation District
APPROVED AS TO FORM:
By
Scott C. Smith, General Counsel
Date
ORANGE COUNTY SANITATION DISTRICT
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Attachment 1
COUNTY OF ORANGE ORGANIC INFRASTRUCTURE
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Attachment 1
COUNTY OF ORANGE ORGANIC INFRASTRUCTURE The County of Orange owns and operates a network of three commercial organic processing facilities co-located at each of the active landfills. Each of the organic processing facilities have the ability to receive organic material and to produce organic products for cities to meet their Take-Back requirements specified within this agreement. Products produced at the organic processing facilities meet CalRecycle’s SB 1383 procurement requirement and are certified under the US Composting Council’s Standard of Testing Assurance (STA) Program. Product offerings include compost and composted mulch. Additional products may be offered as determined by the County. A summary of each of the organic processing facilities is listed below: Valencia Greenery (Co-Located at Olinda Alpha Landfill) 1942 N. Valencia Avenue Brea, CA 92823 Permitted Maximum Tonnage (Open Windrow): 94 tons per day Proposed Permitted Maximum Tonnage (Covered Aerated Static Pile): 228 tons per day Permitted Hours of Operation: Monday through Saturday 6:00 am to 4:00 pm Ancillary Operation Hours: 24 hours per day/7 days a week Bee Canyon Greenery (Co-Located at Frank R. Bowerman Landfill) 11002 Bee Canyon Access Road Irvine, CA 92602 Permitted Maximum Tonnage (Open Windrow): 210 tons per day Proposed Permitted Maximum Tonnage (Covered Aerated Static Pile): 876 tons per day Permitted Hours of Operation: Monday through Saturday 7:00 am to 5:00 pm Ancillary Operation Hours: 24 hours per day/7 days a week Capistrano Greenery (Co-Located at Prima Deshecha Landfill) 32250 Avenida La Pata San Juan Capistrano, CA 92675 Permitted Maximum Tonnage (Open Windrow): 204 tons per day Proposed Permitted Maximum Tonnage (Covered Aerated Static Pile): 536 tons per day Permitted Hours of Operation: Monday through Saturday 7:00 am to 5:00 pm Ancillary Operation Hours: 24 hours per day/7 days a week This list may be modified/expanded at the discretion of the County.
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Attachment 2
SPECIFICATIONS FOR CONTROLLABLE ORGANIC WASTE AS PROCESSED GREEN WASTE MATERIAL (PGM) AT COUNTY ORGANIC INFRASTRUCTURE
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Attachment 2
SPECIFICATIONS FOR CONTROLLABLE ORGANICE WASTE AS PROCESSED GREEN WASTE MATERIAL (PGM) AT COUNTY ORGANIC INFRASTRUCTURE DESCRIPTION Processed Green Material (PGM) consists of yard waste, grass clippings, leaves, tree trimmings and plant-based
materials which have been sorted to remove contamination and processed by shredding or grinding. PGM should not
contain manure, stable waste or pet waste, which can create odors.
Processed Green Material is defined as following (California Code of Regulations, Title 27, Division 2, Subdivision 1, Chapter 3, Subchapter 4, Section 20690 [b] [3]):
• Processed Green Material – means any plant material that is either separated at the point of generation or separated at a centralized facility that employs methods to minimize contamination. Green material includes, but is not limited to, yard trimmings, untreated wood wastes, paper products, and natural fiber products. Green material does not include treated wood waste, mixed demolition or mixed construction debris, manure, or plant waste from the food processing industry, alone or blended with soil. Processed green material may include varying proportions of wood waste from urban and other sources and shall be ground, shredded, screened, source separated for grain size, or otherwise processed. CONTAMINANT DEBRIS The PGM should be free from all contaminant debris (glass, plastic, film plastic, metals, etc.) as well as salt and
deleterious material such as clods, coarse objects, rocks, inert debris, and Material Recovery Facility (“MRF”) fines.
County personnel visually inspect the PGM loads as they come in, making sure that the specifications are met and to
determine if the loads are contaminated (i.e., mixed with paper, plastics and other trash.) If the loads appear to have
unacceptable contamination in excess of 0.5% either by weight or volume, the PGM loads will not be allowed into the
Organic Infrastructure and the City and/or hauler will be notified that contaminated PGM loads are unacceptable. The
PGM will be deemed as municipal solid waste and the City and/or hauler will have the option to take the material to the
landfill for disposal or be returned to the hauler’s facility for additional processing. For material that is physically
dumped at the unloading area and is deemed unacceptable by OC Waste & Recycling staff, the material will be re-
loaded into the transfer vehicle for reprocessing at hauler’s processing facility or sent to the landfill for disposal.
Hauler will be charged the current “Hard-to-Handle” fee for re-loading services and disposal of unacceptable material.
SIZE
The particle size of the PGM acceptable is between ½-inch and 3 inches in length between ½-inch and 1 inch in width and between ½-inch and 1 inch in thickness. No particle should exceed 3 inches in any dimension. MOISTURE CONTENT The moisture content of the PGM should be in the range of 50-60 percent. If the PGM’s moisture content is unacceptable and cannot be received for processing at the County’s Organic Infrastructure Facilities, the material will be re-loaded into the transfer vehicle for reprocessing at hauler’s processing facility or sent to the landfill for disposal.
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The hauler will be charged the current “Hard-to-Handle” fee for re-loading services and disposal of unacceptable material. FOOD WASTE Residential food waste mixed with PGM as part of a city organic collection program is acceptable provided that the
food waste is free of contaminant debris (glass, plastic, food packaging, non-compostable silverware, soiled napkins, etc.). No commercial or source-separated food waste will be accepted except for cases where the County has entered into an agreement with a City to accept specific source separated organic material as Additional Feedstock as described below. SOURCE SEPARATED MANURE Subject to available capacity, City and/or Hauler may bring non-residential, source separated manure and stable bedding pursuant to the following Manure/Stable Bedding Program requirements:
1. Material Quantity: manure/stable bedding must be uncontaminated which means free of any hazardous materials, food waste packaging, plastics, glass, and any large bulky items and inert materials that need to be further sized
or removed for composting. (“Material”) 2. Material Volume: County and City/Hauler will determine the anticipated volume of Material to ensure that the County’s Organic Infrastructure has sufficient capacity to manage the proposed amount of Material. 3. Material will be load checked to determine if it meets the established quality standards. If contaminants exceed
0.5% (by weight or volume), the load is deemed contaminated and not meeting quality standard for use in the Manure/Stable Bedding Program.
4. Material that is deemed unacceptable will be subject to the fees established by OCWR for this material type. Material that does not meet the established quality standards will be charged as follows:
a. If determined not to meet quality standards before Material is unloaded, standard disposal
rates will apply.
b. If determined not to meet quality standards after Material is unloaded (or partially
unloaded), hard-to-handle disposal rates will apply.
5. Material Delivery:
a. All Material deliveries will be scheduled and coordinated with OCWR prior to delivery. Any changes to material delivery quantities or days will be coordinated with OCWR prior to
making the change.
b. While OCWR will remain as flexible as possible on timing of deliveries, material deliveries
will be limited to Monday through Friday between 8:00 am and 2:00 pm and subject to
holiday schedules. Should the delivery times change, then OCWR shall give two (2) days
prior notice of the delivery time change.
c. Upon delivery, OCWR staff will record exact tonnage, name of hauler/transporter
provider, and note distinguishing characteristics of feedstock and other pertinent information.
d. Deliveries made without OCWR prior approval may be refused or charged at the established
rate.
e. OCWR reserves the right to deny a request to deliver for any reason. (i.e., OCWR does not
guarantee that it will accept manure/stable bedding under this program. Instead, OCWR will
accept Material based on its operational need and will make every effort to accommodate
City’s/hauler Material except when a reduction or stoppage is needed.)
ADDITIONAL FEEDSTOCK The County at its discretion may accept additional material types such as food waste and manure based on availability and permitting conditions at each of the County’s organic processing facilities. The County will work with City to identify the specifications for accepting the material types including scheduling of deliveries and quantities.
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CHANGES TO SPECIFICATIONS County reserves the right to modify the Specifications found in this Appendix due to a change in law or regulation or in consideration of operational or Organic Processing Infrastructure needs. County shall provide 90 days notice regarding changes to this Appendix.
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Attachment 3
CITY ORGANIC TONNAGE LIMIT
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Attachment 3
CITY ORGANIC TONNAGE LIMIT
The City Organic Tonnage Limit listed in the Attachment is the maximum amount of Controllable Organic Waste that County is committed to accept under the Organic Service Agreement.
Jurisdiction Designated Greenery City Organic Tonnage Limit
Daily Limit1 Monthly Limit2 Annual
Limit
TBD ________tons _________ tons _______ tons
TBD
TBD
TBD
1. Daily Limit includes up to 20% by weight of source separated manure and stable bedding.
2. In the event City delivers less than their monthly limit, County may allocate unused City capacity at its discretion.
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Attachment 4
ORGANIC INFRASTRUCTURE RESOLUTION
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