HomeMy WebLinkAbout10-07-2026 Operations Committee Complete Agenda PacketNOTICE OF REGULAR MEETING AGENDA
PUBLIC PARTICIPATION NOTICE
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE
OCTOBER 7, 2026 - 5:00 PM
ACCESSIBILITY FOR THE GENERAL PUBLIC
Your participation is always welcome. OC San offers several ways in which to interact during
this meeting.
MEETING PARTICIPATION INSTRUCTIONS
www.ocsan.gov
IN-PERSON MEETING ATTENDANCE
OC San Headquarters: 18480 Bandilier Circle, Fountain Valley, CA 92708
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SUBMIT A COMMENT
Online at: https://ocsd.legistar.com/Calendar.aspx or by emailing: OCSanClerk@ocsan.gov
ROLL CALL OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: October 7, 2026 Time: 5:00 p.m.
COMMITTEE MEMBERS (14)
OTHERS
STAFF
OPERATIONS COMMITTEE
Regular Meeting Agenda
Wednesday, October 7, 2026 - 5:00 PM
Headquarters - Board Room
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
ACCOMMODATIONS FOR THE DISABLED: If you require any special disability related accommodations, please
contact the Orange County Sanitation District (OC San) Clerk of the Board’s office at (714) 593-7433 at least 72
hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of
accommodation requested.
AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be
considered or discussed. The recommended action does not indicate what action will be taken. The Board of
Directors may take any action which is deemed appropriate.
MEETING RECORDING: A recording of this meeting is available within 24 hours after adjournment of the
meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board.
SUBMIT A COMMENT: You may submit your comments and questions in writing in advance of, or during the
meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or by
sending them to OCSanClerk@ocsan.gov with the subject line "PUBLIC COMMENT ITEM # [insert relevant item
number]" or "PUBLIC COMMENT NON-AGENDA ITEM". All written public comments will be provided to the
legislative body and may be read into the record or compiled as part of the record.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be
submitted to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsan.gov at least 14 days
before the meeting. For any questions on the agenda, Board members may contact staff at:
General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593-7110
Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550
Director of Communications: Jennifer Cabral, jcabral@ocsan.gov / (714) 593-7581
Director of Engineering: Mike Dorman, mdorman@ocsan.gov / (714) 593-7014
Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450
Director of Finance: Wally Ritchie, writchie@ocsan.gov / (714) 593-7570
Director of Human Resources: Laura Maravilla, lmaravilla@ocsan.gov / (714) 593-7007
Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593-7269
View Current Board of Directors
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, October 7, 2026
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL AND DECLARATION OF QUORUM:
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the
Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during
meetings: you may participate in person, join the meeting live via Teams on your computer or similar device or
web browser, join the meeting live via telephone, view the meeting online, and/or submit comments for
consideration before or during the meeting.
REPORTS:
The Committee Chairperson and the General Manager may present verbal reports on miscellaneous matters of
general interest to the Directors. These reports are for information only and require no action by the Directors.
CONSENT CALENDAR:
Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion,
without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in
the regular order of business.
1.2026-4726APPROVAL OF MINUTES
RECOMMENDATION:
Approve minutes of the Regular meeting of the Operations Committee held September
2, 2026.
Originator:Kelly Lore
Attachments:
2.2026-5103PLANT NO. 2 ALFA LAVAL INC. MAINTENANCE SERVICE
AGREEMENT FOR CENTRIFUGES
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a sole source purchase order to Alfa Laval Inc., for major service
overhauls of six centrifuges at Plant No. 2 over a two-year period, for a total
amount not to exceed $268,718; and
Page 2 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, October 7, 2026
B. Approve an allowance of $120,000.
Originator:Riaz Moinuddin
Attachments:
3.2026-5107PROCUREMENT OF COOPER-BESSEMER LSVB ENGINE OIL
COOLER
RECOMMENDATION:
A. Approve a sole source purchase order to Cooper Machinery Services for one
spare oil cooler for the Central Generation engine, not to exceed $204,921,
including applicable tax and freight; and
B. Approve a contingency of $20,492 (10%).
Originator:Riaz Moinuddin
Attachments:
4.2026-5089REPLACEMENT MOBILE TELESCOPIC BOOM CRANE (9-TON)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a purchase order to Western Pacific Crane & Equipment for the
purchase of one Mobile Telescopic Boom Crane (9-Ton) using the Equalis
Cooperative Contract No. COG-2149B for an amount not to exceed $267,007;
and,
B. Approve a contingency of $26,700 (10%).
Originator:Riaz Moinuddin
Attachments:
5.2026-5090
..end
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve the execution of an Encroachment Agreement with the City of Newport
Beach for the installation of electrical improvements located at 4141 MacArthur
Boulevard, Newport Beach, California, in a form approved by General Counsel;
and
B. 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.
Page 3 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, October 7, 2026
Originator:Mike Dorman
Attachments:
NON-CONSENT:
6.2026-5092PRIMARY SEDIMENTATION BASINS NO. 3-5 REPLACEMENT AT
PLANT NO. 1, PROJECT NO. P1-126
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a contingency increase of $849,780 (6%) to the existing Professional Design
Services Agreement with Black & Veatch Corporation to provide design services for
Primary Sedimentation Basins No. 3-5 Replacement at Plant No. 1, Project No.
P1-126, for a total contingency not to exceed $2,266,080 (16%).
Originator:Mike Dorman
Attachments:
7.2026-5104RIGHT-OF-WAY SERVICES
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Consultant Services Agreement with Paragon Partners
Consultants, Inc. for Right of Way Services, Specification No. CS-2026-725BD,
for a total amount not to exceed $300,000, with four (4) one-year renewal
options; and
B. Approve an annual contingency of $30,000 (10%).
Originator:Mike Dorman
Attachments:
INFORMATION ITEMS:
8.2026-5113RATE STUDY UPDATE
RECOMMENDATION:
Information Item.
Originator:Wally Ritchie
Page 4 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, October 7, 2026
Agenda ReportAttachments:
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
ADJOURNMENT:
Adjourn the meeting until the Regular Meeting of the Operations Committee on November 4,
2026 at 5:00 p.m.
AFFIDAVIT OF POSTING:
I hereby certify under penalty of perjury and as required by the State of California, Government Code §
54954.2(a), that the foregoing Agenda was posted online at www.ocsan.gov, in the lobby, and outside the main
door of Orange County Sanitation District Headquarters at 18480 Bandilier Cir. Fountain Valley, CA 92708 not
less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item,
including those distributed less than 72 hours prior to the meeting to a majority of the Board of Directors, are
available for public inspection with the Clerk of the Board.
/s/ Kelly A. Lore, MMC
Clerk of the Board
September 30, 2026
Page 5 of 5
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-4726 Agenda Date:10/7/2026 Agenda Item No:1.
FROM:Robert Thompson, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
APPROVAL OF MINUTES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve minutes of the Regular meeting of the Operations Committee held September 2, 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:
·September 2, 2026 Operations Committee meeting minutes
Orange County Sanitation District Printed on 9/25/2026Page 1 of 1
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Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, September 2, 2026
5:00 PM
Headquarters - Board Room
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Operations Committee of the Orange County Sanitation District was
called to order by Committee Chairman Pat Burns on Wednesday, September 2, 2026 at 5:00
p.m. in the Orange County Sanitation District Headquarters. Board Vice Chairwoman
Christine Marick 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, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat, Gene Hernandez (Alternate) and Cindy Tran (Alternate)
ABSENT:Johnathan Ryan Hernandez and Dan Ferons (Alternate)
STAFF PRESENT: Rob Thompson, General Manager; Lorenzo Tyner, Assistant General
Manager; Jennifer Cabral, Director of Communications; Mike Dorman, Director of
Engineering; Laura Maravilla, Director of Human Resources; Riaz Moinuddin, Director of
Operations and Maintenance; Wally Ritchie, Director of Finance; Lan Wiborg, Director of
Environmental Services; Jackie Castro, Assistant Clerk of the Board; Mo Abiodun; Jon
Bradley; Andrew Brown; Cheri Calisang; Sam Choi; Raul Cuellar; Thys DeVries; Martin Dix;
Carena Duarte; Justin Fenton; Al Garcia; David Haug; Tom Meregillano; Nick Oswald; Aldwin
Ramirez; Valerie Ratto; Natalie Shamma; Thomas Vu; Kevin Work; and Ruth Zintzun were
present in the Board Room.
OTHERS PRESENT: Mal Richardson, General Counsel, was present in the Board Room.
Robert Bell was present virtually.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Burns did not provide a report. General Manager Rob Thompson announced that OC
San Administrative Offices would be closed on Monday, September 7, in observance of the
Labor Day holiday. He also reminded the Board of Directors that a Special Board Meeting for
the annual State of OC San would be held on Friday, September 18, 2026, at 11:30 a.m. at
OC San Headquarters.
Page 1 of 9
OPERATIONS COMMITTEE Minutes September 2, 2026
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2026-4725
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve minutes of the Regular meeting of the Operations Committee held July 1,
2026.
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Dan Ferons (Alternate) and Cindy Tran
(Alternate)
ABSTENTIONS:None
2. COOPERATIVE PROCUREMENT WITH STATE OF CALIFORNIA,
DEPARTMENT OF GENERAL SERVICES FOR FUEL PURCHASE
PROGRAM
2026-5031
Originator: Riaz Moinuddin
A. Approve a Change Order amount of $135,000 to Blanket Purchase Order
109745-OB for the Fleet Fuel Program under the State of California Department
of General Services Master Agreement No. 5-19-99-19 with WEX Bank, for a
total amount not to exceed $275,000 for the term July 1, 2026, through June 30,
2027;
B. Approve a one (1) year renewal option at an amount not to exceed $275,000;
and
C. Approve an annual contingency of $55,000 (20%).
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Dan Ferons (Alternate) and Cindy Tran
(Alternate)
ABSTENTIONS:None
Page 2 of 9
OPERATIONS COMMITTEE Minutes September 2, 2026
3. QUARTERLY ODOR COMPLAINT REPORT 2026-5041
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
Review and file the Fiscal Year 2025-26 Fourth Quarter Odor Complaint Report.
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Dan Ferons (Alternate) and Cindy Tran
(Alternate)
ABSTENTIONS:None
4. FLEET VEHICLE REPLACEMENT PURCHASES 2026-5048
Originator: Riaz Moinuddin
A. Approve the purchase of replacement vehicles and electric utility carts for
Orange County Sanitation District’s fleet as initially approved in the adopted
Fiscal Year 2026-27 Budget in the not to exceed amount of $1,844,000; and
B. Authorize the General Manager and Purchasing Manager to purchase
replacement vehicles and carts during the fiscal year in the not to exceed
amount listed above, utilizing the method of procurement determined by the
Purchasing Manager to be in the best interest of the Orange County Sanitation
District.
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Dan Ferons (Alternate) and Cindy Tran
(Alternate)
ABSTENTIONS:None
5.2026-5059
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
Page 3 of 9
OPERATIONS COMMITTEE Minutes September 2, 2026
A. Approve a Sole Source Purchase Order to Cooper Machinery Services, LLS for
the procurement of two spare air intake manifolds for three engines in Central
Generation at Plant No. 1 for a total amount not to exceed $242,431, including
applicable sales tax & freight; and
B. Approve a contingency of $24,243 (10%).
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Dan Ferons (Alternate) and Cindy Tran
(Alternate)
ABSTENTIONS:None
6. PLANT NO. 2 TRICKLING FILTER A, B, & C FILAMENT-WOUND
BUSHINGS
2026-5058
Originator: Riaz Moinuddin
A. Approve a Sole Source Purchase Order to Ovivo USA, LLC for four
filament-wound bushing conversions for Plant No. 2, for an amount not to
exceed $370,940, plus applicable sales tax; and
B. Approve a contingency of $37,094 (10%).
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Dan Ferons (Alternate) and Cindy Tran
(Alternate)
ABSTENTIONS:None
7. BITTER POINT PUMP STATION MAIN SEWAGE PUMP OVERHAUL 2026-5063
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
Page 4 of 9
OPERATIONS COMMITTEE Minutes September 2, 2026
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Dan Ferons (Alternate) and Cindy Tran
(Alternate)
ABSTENTIONS:None
8. ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2026-4913
Originator: Mike Dorman
Receive and file the Engineering Program Contract Performance Report for the period
ending June 30, 2026.
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Dan Ferons (Alternate) and Cindy Tran
(Alternate)
ABSTENTIONS:None
9. PARTIAL QUITCLAIM DEED, EASEMENT RELINQUISHMENT
AGREEMENT, GRANT OF EASEMENT, AND ENCROACHMENT
AGREEMENT AT 3150 BEAR STREET, COSTA MESA
2026-4800
Originator: Mike Dorman
Recommend to the Board of Director to:
A. Approve the execution of a Partial Quitclaim Deed and the Easement
Relinquishment Agreement for an easement at 3150 Bear Street, Costa Mesa,
California, with MTHCALV-I BEAR STREET, LLC, and accept $165,000 as
consideration for the relinquished easement rights, together with a Grant of
Easement and an Encroachment Agreement, in forms approved by General
Counsel; and
B. Direct the Clerk of the Board to record documents with the Orange County
Clerk-Recorder’s Office.
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat and Gene Hernandez (Alternate)
NOES:None
Page 5 of 9
OPERATIONS COMMITTEE Minutes September 2, 2026
ABSENT:Johnathan Ryan Hernandez, Dan Ferons (Alternate) and Cindy Tran
(Alternate)
ABSTENTIONS:None
10. LEASE AGREEMENT WITH FOUNDERS RSG LP, PROVIDING
ORANGE COUNTY SANITATION DISTRICT PARCEL FOR PARKING
AND/OR RELATED ACTIVITIES
2026-5035
Originator: Mike Dorman
Approve the execution of a Lease Agreement with Founders RSG LP, a California
limited partnership, to allow paving, striping, parking, and related improvements over a
4-foot wide portion of the Orange County Sanitation District's 50-foot wide utility
corridor which abuts 21532 South Brookhurst Street in Huntington Beach, for an initial
term of five (5) years beginning on the date the Agreement is executed; and an option
to extend for up to two (2) additional five-year periods, at an annual rent of $500, and
the collection of $442.50 in back rent, for the interim occupancy period, in a form
approved by General Counsel.
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Dan Ferons (Alternate) and Cindy Tran
(Alternate)
ABSTENTIONS:None
NON-CONSENT:
11. SIPHON ASSESSMENTS IN ANAHEIM, NEWPORT BEACH, AND
ORANGE, PROJECT NO. PS25-01
2026-4837
Originator: Mike Dorman
Page 6 of 9
OPERATIONS COMMITTEE Minutes September 2, 2026
A. Find that the recommended action is exempt from the California Environmental
Quality Act (CEQA) under the Class 6 categorical exemption set forth in CEQA
Guidelines Section 15306, Information Collection, and the statutory exemption
set forth in CEQA Guidelines Section 15262, Feasibility and Planning Studies;
B. Approve a Professional Services Agreement with HDR Engineering, Inc., to
provide engineering services for the Siphon Assessments in Anaheim, Newport
Beach, and Orange, Project No. PS25-01, for an amount not to exceed
$2,781,000; and
C. Approve a contingency of $278,100 (10%).
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat and Gene Hernandez (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Dan Ferons (Alternate) and Cindy Tran
(Alternate)
ABSTENTIONS:None
Alternate Director Cindy Tran arrived at the meeting at 5:13 p.m.
12. MANHOLE FRAME AND COVER REPLACEMENT SERVICES,
SPECIFICATION NO. S-2026-729BD
2026-5060
Originator: Riaz Moinuddin
A. Approve a General Services Contract to Ayala Engineering, Inc. to provide
Manhole Frame and Cover Replacement Services, Specification No.
S-2026-729BD, for a total amount not to exceed $1,260,350 for the period
beginning November 1, 2026, through October 31, 2027, with four (4) one-year
renewal options; and
B. Approve an annual contingency of $126,035 (10%).
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat, Gene Hernandez (Alternate) and Cindy Tran (Alternate)
Page 7 of 9
OPERATIONS COMMITTEE Minutes September 2, 2026
NOES:None
ABSENT:Johnathan Ryan Hernandez and Dan Ferons (Alternate)
ABSTENTIONS:None
13. CHEMICAL SUPPLIER AGREEMENT FOR THE PURCHASE OF
LIQUID ANIONIC POLYMER, SPECIFICATION NO. SSJ 2945
2026-5043
Originator: Riaz Moinuddin
AYES:Joyce Ahn, Pat Burns, Doug Chaffee, Jon Dumitru, Ryan Gallagher,
Lisa Landau, Carlos Leon, Christine Marick, Robert Ooten, Bonnie
Peat, Gene Hernandez (Alternate) and Cindy Tran (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Dan Ferons (Alternate)
ABSTENTIONS:None
INFORMATION ITEMS:
14. SALE OF ENERGY CREDITS 2026-5027
Originator: Wally Ritchie
Information Item.
Page 8 of 9
OPERATIONS COMMITTEE Minutes September 2, 2026
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Burns declared the meeting adjourned at 5:28 p.m. to the next Regular Operations
Committee meeting to be held on Wednesday, October 7, 2026 at 5:00 p.m.
Submitted by:
_____________________
Jackie Castro, CMC
Assistant Clerk of the Board
Page 9 of 9
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-5103 Agenda Date:10/7/2026 Agenda Item No:2.
FROM:Robert Thompson, General Manager
Originator: Riaz Moinuddin, Director of Operations & Maintenance
SUBJECT:
PLANT NO. 2 ALFA LAVAL INC. MAINTENANCE SERVICE AGREEMENT FOR CENTRIFUGES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a sole source purchase order to Alfa Laval Inc., for major service overhauls of six
centrifuges at Plant No. 2 over a two-year period, for a total amount not to exceed $268,718;
and
B. Approve an allowance of $120,000.
BACKGROUND
The Orange County Sanitation District’s (OC San’s)Plant No.2 Five Alfa Laval Model ALDEC G3-
125 dewatering centrifuge trains were installed and commissioned under project P2-92 to improve
sludge dewatering and odor control.A spare sixth unit was also provided.The centrifuges replaced
the previous belt filter press system,resulting in higher cake solids,reduced biosolids hauling
volumes, improved odor control, and lower operating costs.
RELEVANT STANDARDS
·24/7/365 Treatment plant reliability
·Comply with environmental permit requirements
·Maintain a proactive asset management program
·Safe, beneficial reuse of biosolids
PROBLEM
The centrifuges have been in operation since 2019 and have exceeded the Original Equipment
Manufacturer (OEM)recommended interval for a major overhaul.To maintain equipment reliability
and ensure continued high-speed operation,each centrifuge requires a major overhaul,including a
thorough inspection, replacement of worn components, and rebalancing.
Orange County Sanitation District Printed on 9/29/2026Page 1 of 2
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File #:2026-5103 Agenda Date:10/7/2026 Agenda Item No:2.
PROPOSED SOLUTION
The recommendation is to establish a service agreement with the OEM service provider Alafa Laval
Inc., for major overhauls and field services for six centrifuges.
TIMING CONCERNS
OC San does not currently have an active service agreement.The centrifuges are past the
manufacturer’s recommended major overhaul interval.Further delaying these major overhauls will
potentially increase the risk of catastrophic equipment failure,extended process interruptions,or
costly emergency repairs.
RAMIFICATIONS OF NOT TAKING ACTION
If the critical equipment continues to operate without the OEM-recommended major overhauls,the
centrifuges may experience reduced reliability and efficiency,as well as unplanned failures.These
conditions could result in process interruptions and increase the risk of noncompliance with permit
and regulatory requirements.
PRIOR COMMITTEE/BOARD ACTIONS
February 2020 -The Board of Directors approved Alfa Laval Inc.services to the established OEM
Sole Source Board Approval List for parts and repairs of the Centrifuge rotating assembly.
ADDITIONAL INFORMATION
N/A
CEQA
N/A
FINANCIAL CONSIDERATIONS
The request complies with authority levels of OC San’s Purchasing Ordinance.This item is budgeted
for the (Budget Fiscal Year 2026-27 and 2027-28,Section 6,Operations &Maintenance,Line item:
Repairs & Maintenance, Page 128) and the budget is sufficient for the recommended action.
Date of Approval Contract Amount Allowance
10/28/2026 $268,718 $120,000
ATTACHMENT
The following attachment(s)may be viewed online at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
AT:mm
Orange County Sanitation District Printed on 9/29/2026Page 2 of 2
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OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-5107 Agenda Date:10/7/2026 Agenda Item No:3.
FROM:Robert Thompson, General Manager
Originator: Riaz Moinuddin, Director of Operations & Maintenance
SUBJECT:
PROCUREMENT OF COOPER-BESSEMER LSVB ENGINE OIL COOLER
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a sole source purchase order to Cooper Machinery Services for one spare oil cooler
for the Central Generation engine, not to exceed $204,921, including applicable tax and
freight; and
B. Approve a contingency of $20,492 (10%).
BACKGROUND
The Orange County Sanitation District (OC San)operates eight internal combustion engines at Plant
Nos.1 and 2 Central Generation Engine (Cen Gen),which generate electricity and provide process
heat to the digester complex.These engines reduce emissions and ensure compliance with South
Coast Air Quality Management District permits by using methane produced during treatment.To
maintain operating efficiency and comply with emissions standards,Cen Gen components,especially
oil coolers,must meet Original Equipment Manufacturer (OEM)specifications.Oil coolers are critical
for maintaining proper engine oil temperatures and preventing premature failures that can cause
operational issues, emissions problems, or engine damage from leaks.
RELEVANT STANDARDS
·Protect OC San assets
·24/7/365 treatment plant reliability
·Maintain a proactive asset management program
PROBLEM
OC San currently has no spare oil coolers in inventory for the Cen Gen Engines at Plant Nos.1 or 2.
The oil coolers have long lead times,and in the event of a repair or replacement,this can result in
critical equipment downtime and increase the risk of plant process interruption.
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File #:2026-5107 Agenda Date:10/7/2026 Agenda Item No:3.
PROPOSED SOLUTION
Purchase one new oil cooler for OC San’s planned inventory to ensure continued availability in the
event of a required replacement,maintain continuous service at both plants,and continue to adhere
to all regulations.
TIMING CONCERNS
Purchasing an oil cooler in advance ensures readiness and prevents delays during emergency
repairs or replacements.
RAMIFICATIONS OF NOT TAKING ACTION
If no action is taken,OC San will not have a spare oil cooler in its inventory,which may affect
electrical power reliability,disrupt plant processes,and impair OC San’s ability to maintain regulatory
compliance.
PRIOR COMMITTEE/BOARD ACTIONS
August 23,2017 -Approved the addition of Cooper-Bessemer to the Board-approved pre-approved
OEM Sole Source List for Cen Gen engine components.
ADDITIONAL INFORMATION
Cooper Bessemer is the OEM for all Cen Gen engine components at OC San.A 10%contingency is
requested to account for potential price increases due to tariffs,delays in placing the order beyond
valid quote dates, or other unforeseen cost increases.
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 2026-27 and 2027-28,Section 06,Line item:Repairs &Maintenance,
Page 125), and the budget is sufficient for this action.
Date of Approval Contract Amount Contingency
10/07/2026 $204,921 $20,492
ATTACHMENT
The following attachment(s)may be viewed online at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
SP:sr
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OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-5089 Agenda Date:10/7/2026 Agenda Item No:4.
FROM:Robert Thompson, General Manager
Originator: Riaz Moinuddin, Director of Operations & Maintenance
SUBJECT:
REPLACEMENT MOBILE TELESCOPIC BOOM CRANE (9-TON)
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a purchase order to Western Pacific Crane & Equipment for the purchase of one
Mobile Telescopic Boom Crane (9-Ton) using the Equalis Cooperative Contract No. COG-
2149B for an amount not to exceed $267,007; and,
B. Approve a contingency of $26,700 (10%).
BACKGROUND
Orange County Sanitation District (OC San)utilizes an off-road mobile telescopic boom crane (9-Ton)
within the treatment plants to support the hoisting and lifting needs of equipment maintenance in all
types of terrain.Certified crane operators operate this off-road specialty equipment to move
equipment and parts around the treatment plants where access is required.The crane is used to lift
and position pumps,motors,valves,gates,and other heavy equipment associated with maintenance
activities.It also provides critical emergency-response capability,including the installation and
removal of flow-management gates.The unit can be transported between OC San facilities as
operational and maintenance needs arise.
RELEVANT STANDARDS
·Participate in local, state, and national cooperative purchasing programs
·Ensure the public’s money is wisely spent
·Commitment to safety & reducing risk in all operations
PROBLEM
OC San has one off-road mobile telescopic boom crane (9-ton)available to support equipment
maintenance and emergency response at both treatment plants and pump stations.The existing
crane is 26 years old and has reached an age where replacement is necessary to maintain reliable
equipment availability.The crane is specifically designed to operate within OC San facilities where
short headroom,narrow access areas,challenging terrain,and ongoing construction limit the use of
conventional lifting equipment.Continued reliance on the aging crane increases the risk ofOrange County Sanitation District Printed on 9/29/2026Page 1 of 3
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File #:2026-5089 Agenda Date:10/7/2026 Agenda Item No:4.
conventional lifting equipment.Continued reliance on the aging crane increases the risk of
equipment unavailability,which could delay critical maintenance work and emergency response
activities.
PROPOSED SOLUTION
Replace the existing 26-year-old mobile telescopic boom crane (9-ton)with a new unit to maintain
reliable lifting capability for planned and corrective maintenance activities,project support,and
emergency response at OC San treatment plants and pump stations.
TIMING CONCERNS
Timely replacement of the existing crane will ensure reliable crane availability,which supports the
efficient completion of maintenance work orders.Delaying replacement could result in reduced
equipment availability and interruptions to maintenance activities.
RAMIFICATIONS OF NOT TAKING ACTION
If the existing crane is unavailable,OC San may need to delay maintenance work or hire a
contractor, which is subject to availability, site access, and response time.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San utilizes a cooperative agreement through,Equalis Cooperative Contract No.COG-2149B,in
accordance with Ordinance No. OCSD-61, Section 2.03 (B), Cooperative Purchases.
A 10% contingency is requested to adjust for market volatility price changes.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Approved Budget FY 2026-27 and FY 2027-28,Section 8,Page 86,Fleet Services -
Mobile Crane 9-ton Replacement,along with a transfer from the Front-End Loader,Articulating
Replacement,which will not be purchased this year)and the budget is sufficient for the
recommended action.
Date of Approval Contract Amount Contingency
10/28/2026 $267,007 $26,700 (10%)
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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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OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-5090 Agenda Date:10/7/2026 Agenda Item No:5.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
CITY OF NEWPORT BEACH ENCROACHMENT AGREEMENT AT 4147 MACARTHUR
BOULEVARD..end
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve the execution of an Encroachment Agreement with the City of Newport Beach for the
installation of electrical improvements located at 4141 MacArthur Boulevard, Newport Beach,
California, in a form approved by General Counsel; and
B. 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.
BACKGROUND
The City of Newport Beach is implementing its FY 2024-25 Streetlight Improvement Project,which
includes removing and replacing 22 streetlight electrical service cabinets throughout the city.The
project also includes installing new electrical wiring,pull boxes,concrete pads,pavement and
sidewalk restoration,and coordinating with Southern California Edison for associated electrical
improvements.
Some of the proposed work is located within an existing Orange County Sanitation District (OC San)
easement,including the installation of a new service cabinet,pull box,conduit and conductors,and
the abandonment of an existing service cabinet and conduit.
RELEVANT STANDARDS
·Protect OC San assets
·Maintain collaborative and cooperative relationships with regulators, stakeholders, and
neighboring communities
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
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PROBLEM
Without an Encroachment Agreement,OC San does not have a formal mechanism to document or
control the installation of the proposed electrical facilities within the affected area.Installing
improvements without established terms and conditions could interfere with OC San’s existing
infrastructure, access, maintenance activities, or future operational needs.
PROPOSED SOLUTION
Approve the execution of an Encroachment Agreement with the City of Newport Beach.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
OC San will not formally approve the installation of the proposed electrical facilities within the
affected area or establish the conditions under which those facilities may remain.This could result in
improvements being installed without OC San’s documented approval and without provisions to
protect OC San’s existing infrastructure, access, and future operational needs.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The improvements associated with this Encroachment Agreement have been coordinated between
the City of Newport Beach and OC San to ensure that OC San’s existing facilities are not impacted
and electrical service to the MacArthur Pump Station is not affected by this work.
CEQA
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:
·Encroachment Agreement
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55880.00700\45189603.2
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RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
Orange County Sanitation District
Attn: Kelly Lore, Clerk of the Board
18480 Bandilier Circle
Fountain Valley, CA 92708
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
Documentary Transfer Tax Exempt Under Revenue and Taxation Code Section 11922
Recording Fee Exempt Under Government Code Section 27383
ENCROACHMENT AGREEMENT
Date:_______
Easement and Right-of-Way Owner (as Permittor or “OC San”): ORANGE COUNTY
SANITATION DISTRICT, A CALIFORNIA SPECIAL DISTRICT
Name of Property Owner(s) (“Permittee”): City of Newport Beach
OC SAN and Permittee enter into this Encroachment Agreement as of the date indicated above
for the property described below and pursuant to the terms and conditions provided as follows:
Assessor’s Parcel Number(s) of Property: 427-181-12
Street Address of Property (“Property”): 4141 MacArthur Boulevard, Newport Beach, CA
92662
Description of Encroachment(s) (“Encroachment”): Construction and installation of a new
service cabinet, pull box, conduit and conductors, and abandonment of an existing conduit.
Connection will be established to an existing Edison transformer # UG-5107935/ UG-5107936.
Location of Encroachment(s) (“Affected Property”): Across OC San’s easement as granted to
OC San under that certain Grant of Easement. See depiction attached in Exhibit A.
Deposit Amount (“Deposit”) (if required): N/A
Form of Financial Responsibility (if required): Provide a copy of commercial general liability
insurance policy with this Agreement.
Minimum Limits of Liability Insurance required: Permittee shall obtain and maintain insurance
in forms and amounts required herein. A minimum of not less than One Million dollars
($1,000,000) bodily injury and property damage must be maintained at all times.
1. Agreement Terms and Conditions: The Orange County Sanitation District (“OC San”)
Agreement (Permittee to construct, maintain, use, repair, replace and operate the
55880.00700\45189603.2
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Encroachment on the Affected Property as expressly described in this Encroachment
Agreement (“Agreement”) and subject to all terms and conditions contained herein.
2. OC San’s Interest in the Property: Permittee desires to maintain, use, and operate the
Encroachment on the Affected Property. The Affected Property is owned in fee or
easement by OC San for, among other purposes, the operation and maintenance of its sewer
line. OC San is willing to allow the Encroachment to remain on the Affected Property
subject to all the terms of this Agreement and to the Grant of Easement.
3. Maintenance of Encroachment: The Encroachment shall remain the personal property
of the Permittee and OC San shall have no obligation to monitor the use of, or to maintain,
the Encroachment. The Permittee specifically acknowledges and agrees that the rights
granted to the Permittee under this Agreement impose a duty on the Permittee to OC San
and the general public to maintain the Encroachment and the Affected Property in a safe
condition. The Permittee, therefore, agrees to keep and maintain the Encroachment and
the Affected Property in good order and repair at the Permittee’s sole cost and expense and
subject the obligations of OC San under the Grant of Easement and to the following
conditions:
a. No Notice Required – Permittee’s duty to keep, maintain, and repair the
Encroachment and the Affected Property shall be exercised and performed without
regard to whether OC San has notified the Permittee of the need for such repairs or
maintenance or whether OC San has performed repairs or maintenance of the
Encroachment or the Affected Property in the past.
b. Failure to Maintain – Permittee’s failure to comply with the requirements and
obligations of this Paragraph, or the performance of such obligations in a negligent
manner, shall constitute a material breach of this Agreement and shall further
constitute negligence and shall make the Permittee fully liable to the general public,
any private party, or OC San if the Permittee’s negligence under this paragraph is
a proximate cause of any injury or damage.
c. Breach - Permittee’s failure to comply with the requirements and obligations of this
Paragraph within fourteen (14) days after receiving written notice from OC San
shall constitute a material breach of this Agreement. In the event of such a breach,
OC San may, but is not obligated to, pursue either of the following courses of
action:
i. Enter the Affected Property to conduct reasonable maintenance, the costs
of which shall be Permittee’s sole responsibility. Permittee hereby
authorizes OC San to record a lien against the Affected Property if Permittee
fails to deliver payment within fourteen (14) days after receiving a request
for repayment from OC San.
ii. Terminate this Agreement subject to the provisions of Paragraph 6 below.
This may include, but is not limited to, removal of all Encroachments on
the Affected Property at Permittee’s sole cost and expense.
4. Other Approvals: Permittee shall obtain all necessary authorizations and permits from
appropriate municipalities and agencies before installing, constructing, or modifying the
Encroachment. Permittee shall maintain the Encroachment in strict compliance with the
55880.00700\45189603.2
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terms and conditions of (i) this Agreement, and (ii) all other permits or authorizations
necessary to construct, maintain, or operate the Encroachment.
5. No Expansion or Relocation: Permittee shall not expand, intensify, increase, or in any
way modify the Encroachment without first securing a new or amended encroachment
permit, an amendment to this Agreement, or a new encroachment agreement from OC San.
Except as expressly permitted by this Agreement, Permittee shall immediately remove, and
refrain from subsequently reinstalling or reconstructing, all improvements, structures, or
equipment located on the Affected Property.
6. Termination: The rights granted under the Agreement may be terminated by the OC San
at any time for any reason or no reason by giving thirty (30) days written notice to Permittee
at Permittee’s last known address, specifying in said notice the date of termination. In the
event OC San determines that the Encroachment is an immediate risk to the public health
or safety, or that the Encroachment interferes with a need by the OC San for emergency
access which is required to maintain or repair OC San’s facilities within the Affected
Property, the rights granted under this Agreement may be terminated immediately and
without prior notice. In such an event, OC San shall provide Permittee with written notice
of the basis for the termination within ten (10) business days after the termination. Nothing
in this Paragraph shall be construed as limiting the ability of OC San to maintain, remove,
repair, renew, replace, or enlarge public improvements in the Affected Property, as
provided in Paragraph 7 of this Agreement. Upon termination of the rights provided under
this Agreement, OC San shall refund any unused portion of the Deposit, if required.
7. OC San Access: In the event OC San should be required to enter the Affected Property to
exercise its primary rights associated with the Affected Property, including but not limited
to the maintenance, removal, repair, renewal, replacement, or enlargement of existing or
future sewer facilities, OC San may remove all or portions of the Encroachments as
required. Under such circumstances, OC San shall provide written notice to the Permittee
of OC San’s intent to accomplish such work. Upon receiving at least 24-hour notice from
OC San, the Permittee shall remove the Encroachment by the deadline specified in the
notice and refrain from replacing or reinstalling the Encroachment until OC San’s work is
complete, and OC San shall notify Permittee upon completion of such work. Advance
notice of any work OC San reasonably believes is necessary to resolve an emergency
situation is not required under this Agreement. The Permittee shall be responsible for and
pay all costs necessary to arrange for the removal of the Encroachment, if required, and for
the costs of the renewal, replacement, or restoration of the Affected Property upon the
Permittee’s removal of the Encroachment. In the event of an emergency situation or if the
Permittee refuses or fails to remove the Encroachment or otherwise perform any of the
Permittee’s obligations under this Agreement, then the Permittee shall reimburse OC San
for any actual, out-of-pocket, reasonable, documented costs OC San incurs in removing the
Encroachment and/or renewing, replacing, or restoring the Affected Property, and in partial
satisfaction of the Permittee’s obligation, OC San may withdraw funds from the Deposit,
if any, and apply the same to amounts owed by the Permittee hereunder.
8. Breach: In the event Permittee breaches any material provision of this Agreement, OC San
may terminate this Agreement as provided in Paragraph 6 of this Agreement. If OC San
elects to terminate this Agreement due to Permittee’s breach, Permittee shall, at Permittee’s
sole cost and expense, immediately cause the Encroachment to be removed and the
55880.00700\45189603.2
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Affected Property appropriately renewed, replaced, or restored. In the event Permittee
refuses or fails to remove the Encroachment or otherwise perform any of Permittee’s
obligations under this Paragraph, then the Permittee shall promptly reimburse OC San for
any costs may incur in removing the Encroachment, or any portion thereof, and/or
renewing, replacing, or restoring the Affected Property. OC San may withdraw funds from
the Deposit, if any, in partial satisfaction of Permittee’s obligation under this Paragraph.
The rights of OC San under this Paragraph are in addition to any and all rights OC San may
have under Paragraphs 9 and 10 of this Agreement. OC San shall not be responsible for
any damages to the Permittee as a result of OC San performing any work under the
provisions off this Agreement, including, but not limited, to, damages.
9. Default: In the event of a default by either party to this Agreement, the non-defaulting
party shall have available all remedies at law or equity. Such remedies shall be cumulative
and not exclusive of one another, and the exercise of any one or more of said remedies
shall not constitute a waiver or election with respect to any other available remedy.
10. OC San Indemnification: Permittee agrees to and shall indemnify, defend, and hold OC
San, and OC San’s officers, agents, employees, and representatives, harmless from and
against any and all loss, damage, liability, claims, suits, costs, and expenses whatsoever,
including reasonable attorneys’ fees, regardless of the merit or outcome of any such claim
or suit arising from or in any manner connected with installation, construction,
maintenance, use, or operation of the Encroachment or the Affected Property, regardless
of whether OC San reviewed and approved any plans or inspected any work or
improvement, including the Encroachment. Permittee also agrees to post and maintain
Liability Insurance in the form and amounts specified above, if any, while the
Encroachment is located on the Affected Property.
11. Financial Security: If a form and amount of Financial Security are indicated above, then
Permittee shall provide evidence of such Financial Security in the form and in the amount
as specified above. Such evidence of Financial Security shall be in a form and content
approved by OC San’s General Counsel, and in the event such evidence of Financial
Security is in the form of insurance, OC San and its officers, agents, employees, and
representatives shall be named, by written endorsement, as an additional insured. Note: an
ACORD form alone is not adequate evidence that the insurance policy has been endorsed.
An endorsement must be issued and approved by the insurance company. If required,
Financial Security shall be provided for the duration of the Agreement and one form of
Financial Security may be substituted for another provided the replacement is first
approved by OC San's General Counsel. Notwithstanding the foregoing, Permittee shall
not allow any lapse in any Financial Security to occur without a new or approved substitute
Financial Security to be in full force and effect.
12. Notices: All notices required or provided for under this Agreement shall be delivered in
person or in writing by first class mail, postage prepaid, addressed to the parties as indicated
below or such other address as a party may request by giving the other party ten (10) days
written notice. In the event of an emergency situation, any written notice required or
provided for shall be deemed fully satisfied if made in person to an occupant of the Property
or by leaving a written notice in a conspicuous location on the Property. Any notice so
delivered shall be effective upon the date of personal delivery or, in the case of mailing, on
the date of mailing.
55880.00700\45189603.2
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Permittee: City of Newport Beach
Attn.: Peter Tauscher
100 Civic Center Drive
Newport Beach, CA 92660
OC San as Permittor: ORANGE COUNTY SANITATION DISTRICT
Attn.: General Manager
18480 Bandilier Circle,
Fountain Valley, CA 92708-7018
13. Successors and Assigns: Each of the obligations of the Permittee pursuant to this
Agreement shall run with the Property and shall be binding on each successive owner of
the Property and its heirs, administrators, successors, and assigns during the ownership
thereof.
14. Grant of Easement Controls: If there is any conflict between the provisions of this
Agreement and the provisions of the Grant of Easement, the provisions of the Grant of
Easement shall control
15. Authority to Execute and Bind. OC San and Permittee each represent and warrant that
the person(s) executing this Agreement has full and complete legal authority to do so and
thereby binds the party to this Agreement.
16. Entire Agreement. Except for those documents referenced or incorporated herein, this
Agreement reflects the entire agreement between OC San and Permittee and shall
supersede all prior or contemporaneous oral or written understandings, statements,
representations or promises between the OC San and Permittee concerning the matters
contained herein.
17. Governing Law. This Agreement shall be construed, enforced and interpreted in
accordance with the laws of the State of California. Venue for the resolution of any
disputes or the enforcement of any rights arising out of or in connection with this
Agreement shall be in a court of competent jurisdiction in the County of Orange.
18. Fees and Costs. OC San and Permittee shall each bear their own attorneys' fees and costs
incurred in connection with negotiating the matters described in this Agreement.
19. Severability. In case any part, term, portion or provision of this Agreement is determined
to be illegal, invalid or unenforceable, the remaining parts, terms, portions and provisions
shall remain valid, enforceable, and in full force and effect.
20. Amendment to Agreement. This Agreement may only be amended by a written
agreement executed by OC San and Permittee.
21. Counterparts. This Agreement may be executed in several counterparts, each of which
shall be deemed an original, and all of such counterparts together shall constitute one and
the same instrument.
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22. Recording. It is understood and agreed that the fully executed Agreement may be recorded
in the Recorder’s Office for the County of Orange.
[Signatures on the following page.]
55880.00700\45189603.2
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IN WITNESS WHEREOF, OC San and Permittee have caused this Agreement to be executed
and sealed, all on the day and year first written above.
PERMITTEE(S)
CITY OF NEWPORT BEACH Address: 100 Civic Center Drive, Newport Beach, CA 92660
By:
Seimone Jurjis, City Manager
RECOMMENDED FOR ACCEPTANCE:
By:
David A. Webb, Public Works Director
ATTEST:
By:
Lena Shumay, City Clerk
APPROVED AS TO FORM:
By:
Aaron C. Harp, City Attorney
Note: Signatures of Permittee(s) must be acknowledged before a notary public.
55880.00700\45189603.2
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ORANGE COUNTY SANITATION DISTRICT
By:
Jon Dumitru, Board Chairman
ATTEST:
By:
Kelly Lore, Clerk of the Board
APPROVED AS TO FORM:
By:
Scott Smith, General Counsel
55880.00700\45189603.2
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(City of Newport Beach Encroachment Agreement)
ACKNOWLEDGMENT
A Notary public or other officer completing this certificate verifies
only the identity of the individual who signed the document to which
this certificate is attached, and not the truthfulness, accuracy, or
validity of the document.
State of California
County of Orange
On __________________, before me, ________________________, Notary Public, personally
appeared ________________________________________________ who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
(Seal)
Signature: _____________________________
Date: __________________________
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EXHIBIT A
Depiction of Encroachment
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-5092 Agenda Date:10/7/2026 Agenda Item No:6.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
PRIMARY SEDIMENTATION BASINS NO.3-5 REPLACEMENT AT PLANT NO.1,PROJECT NO.
P1-126
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a contingency increase of $849,780 (6%) to the existing Professional Design Services
Agreement with Black & Veatch Corporation to provide design services for Primary Sedimentation
Basins No. 3-5 Replacement at Plant No. 1, Project No. P1-126, for a total contingency not to exceed
$2,266,080 (16%).
BACKGROUND
Primary treatment is the second of three liquid treatment steps at Orange County Sanitation District
(OC San)Plant No.1 which removes suspended solids using large concrete primary sedimentation
basins.Plant No.1 has 26 rectangular clarifiers constructed in the 1980s and 1990s and three
circular clarifiers constructed in the late 1950s and early 1960s.Due to the current degraded
condition of the circular clarifiers,they currently provide additional capacity during peak wet weather
flows and when rectangular clarifiers are unavailable for maintenance or condition assessments.The
project will replace the three circular clarifiers and related primary treatment facilities to restore
reliable treatment capacity.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·24/7/365 treatment plant reliability
PROBLEM
The original Professional Design Services Agreement included a 10%contingency to address
changes to the original Scope of Work.A significant portion of the contingency has been used to
reevaluate the rehabilitation versus replacement concept,perform system-wide electrical power
system studies,review updated structural code requirements,and design a new primary effluent
junction box.The new junction box reduces the need for bypass pumping during construction and
provides a long-term hydraulic benefit by allowing the upstream junction box to operate at a higher
water level.This improves peak wet weather flow handling and reduces the risk of an unanticipated
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File #:2026-5092 Agenda Date:10/7/2026 Agenda Item No:6.
water level.This improves peak wet weather flow handling and reduces the risk of an unanticipated
primary overflow.
The remaining contingency is insufficient to complete additional design changes,including a
temporary motor control center for the existing odor control facility during construction,pipe material
revisions and design changes to address liquefaction settlement risks,and design modifications
around existing piles to reduce construction risks and delays.
PROPOSED SOLUTION
Approve the contingency increase to complete the remaining design changes needed to address
temporary electrical equipment for support construction sequencing,liquefaction settlement,and
existing site conditions.
TIMING CONCERNS
Delaying approval could postpone authorization of the remaining design changes and delay design
completion.
RAMIFICATIONS OF NOT TAKING ACTION
Without the additional contingency,OC San would need to remove or reduce portions of the design
scope to remain within the existing agreement budget.This could require future projects to complete
omitted work or increase construction risks.
PRIOR COMMITTEE/BOARD ACTIONS
April 2022 -Approved a Professional Design Services Agreement with Black &Veatch Corporation to
provide engineering services for Primary Sedimentation Basins No.3-5 Replacement at Plant No.1,
Project No.P1-126,for an amount not to exceed $14,163,000;and approved a contingency of
$1,416,300 (10%).
ADDITIONAL INFORMATION
N/A
CEQA
The project is exempt from CEQA under the Class 2 categorical exemptions set forth in California
Code of Regulations sections 15302 Replacement or Reconstruction of Existing Structures and
Facilities. A Notice of Exemption was filed with the OC Clerk-Recorder on April 29, 2022.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget FY 2026-27 and FY 2027-28,Section 8,Page 50,Primary Sedimentation
Basins No.3-5 Replacement at Plant No.1,Project No.P1-126.This item will be funded from the
CIP budget.
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File #:2026-5092 Agenda Date:10/7/2026 Agenda Item No:6.
Date of Approval Contract Amount Contingency
04/22/2022 10/28/2026 $ 14,163.000 $ 1,416,300 (10%) $ 849,780
(6%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Presentation
RL:lb
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9/29/2026
1
Primary Sedimentation Basins No.
3-5 Replacement at Plant No. 1,
Project No. P1-126
Presented by:
Daniel Berokoff
Engineering Supervisor
Operations Committee
October 7, 2026
What is Primary Sedimentation?
2
Primary Sedimentation
1
2
9/29/2026
2
Project Overview
3
Existing Primary
Rectangular
Basins
Project No. P1-126 Replace Primary
Circular Basins
Existing Secondary
Treatment (AS-1)
Demo Primary
Rectangular
Basins 1 and 2
Replace Primary
Treatment Odor
Control
•Demolish the old control
center and primary basins
•Replace 3 circular Primary
Clarifiers (Sedimentation
Basins)
•Replace Primary Treatment
Odor Control
•Gravity flow from Primary
Circular Basins to Activated
Sludge-1 (AS-1)
Project Timeline
4
Design Bid &
AwardPreliminary Design Construction
DS3 FinalDS1DS2
May 2022 June 2024 Feb 2027 Feb 2028 Mar 2035//
October
Committee & Board
3
4
9/29/2026
3
Use of Existing Contingency
5
• Replaces temporary bypass
pumping during construction
• Captures small PEDB-2
overflows
• Improves peak wet-weather
protection
New Primary Effluent
Diversion Box
New Primary Effluent Diversion Box Concept—“Overflow Catcher"
Original 10% Contingency $1.416M
Used Amount $1.115M Remaining $0.3M
*
• Reevaluate the rehabilitation versus replacement concept
• Design a new primary effluent diversion box
AmountItem
$300,000Remaining contingency
($1,079,000)Projected remaining design changes
($779,000)Funding gap
$849,780Requested 6% contingency increase
$71,000Projected contingency balance
Additional Contingency Needed
6
5
6
9/29/2026
4
Design Changes
7
Temporary
Motor Control
Center
Pipe Liquefaction
Structure Piles
Recommend to the Board of Directors to:
Approve a contingency increase of $849,780 (6%) to the existing
Professional Design Services Agreement with Black and Veatch
Corporation to provide design services for Primary Sedimentation Basins
No. 3-5 Replacement at Plant No. 1, Project No. P1-126, for a total
contingency not to exceed $2,266,080 (16%).
Recommendation
8
7
8
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-5104 Agenda Date:10/7/2026 Agenda Item No:7.
FROM:Robert Thompson, General Manager
Originator: Mike Dorman, Director of Engineering
SUBJECT:
RIGHT-OF-WAY SERVICES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Consultant Services Agreement with Paragon Partners Consultants,
Inc. for Right of Way Services, Specification No. CS-2026-725BD, for a total amount not to
exceed $300,000, with four (4) one-year renewal options; and
B. Approve an annual contingency of $30,000 (10%).
BACKGROUND
The Orange County Sanitation District (OC San)owns and manages real property interests including
easements,rights-of-way,and other property rights necessary to support its facilities and operations.
These property interests require ongoing real estate and right-of-way services to support capital
improvement projects, property transactions, easement management, and other operational needs.
OC San requires specialized right-of-way expertise to supplement staff resources and assist with
these activities as needed.Professional consultant services provide OC San with access to qualified
resources to support right-of-way activities,including property research,acquisition and disposition
support,negotiations,easement-related services,and other real property matters.Engaging,a
qualified consultant will provide additional resources and expertise to support OC San’s ongoing right
-of-way needs.
RELEVANT STANDARDS
·Protect OC San assets
·Ensure the public’s money is wisely spent
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
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File #:2026-5104 Agenda Date:10/7/2026 Agenda Item No:7.
PROBLEM
OC San’s capital improvement projects,operational needs,and real property activities including
rights-of-way,easements,and acquisitions require professional right-of-way services that cannot be
fully supported with existing staff resources.
PROPOSED SOLUTION
Approve an agreement with Paragon Partners Consultants,Inc.to provide professional right-of-way
services to supplement staff resources and support OC San’s ongoing real property and right-of-way
activities.
TIMING CONCERNS
OC San will not have the appropriate resources to address ongoing right-of-way activities,including
the identification and resolution of unapproved encroachments within OC San easements,if the
contract is delayed.Unresolved encroachments may interfere with OC San’s property rights,access,
and infrastructure and may increase the potential for property disputes or litigation.
RAMIFICATIONS OF NOT TAKING ACTION
OC San may be exposed to potential litigation resulting from inadequate easement management and
outdated property records and information.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection
OC San requested and advertised for proposals on April 27,2026.The following evaluation criteria
were described in the Request for Proposals and used to determine the most qualified Consultant.
Criterion Weight
1. Qualifications of the Firm 30%
2. Staffing & Project Organization 25%
3. Work Plan 25%
4. Cost 20%
Two proposals were received on May 27,2026,and evaluated in accordance with the evaluation
process set forth in OC San’s Purchasing Ordinance,OC SAN-61,by a pre-selected Evaluation
Team consisting of the following OC San staff:Principal Staff Analyst,Engineering Supervisor,and
Engineer.The Evaluation Team also included one non-voting representative from the Purchasing
Division.
The Evaluation Team first reviewed and scored the proposals based on the criteria listed above.
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File #:2026-5104 Agenda Date:10/7/2026 Agenda Item No:7.
The Evaluation Team first reviewed and scored the proposals based on the criteria listed above.
Costs were sealed from reviewers and were evaluated by comparing submitted costs for a defined
common task expected under this contract.
Rank Proposer Criterion 1
(Max 30%)
Criterion 2
(Max 25%)
Criterion 3
(Max 25%)
Criterion 4
(Max 20%)
Total
Weighted
Score
1 Paragon
Partners
Consultants,
Inc.
26%23%21%20%90%
2 Monument 25%19%16%20%80%
Based on the above,staff recommends approval of a Professional Consultant Services Agreement to
Paragon Partners Consultants,Inc.The selected firm demonstrated an excellent understanding of
the scope of work,a robust and well-structured team,and a complete work plan showing how they
would approach the different types of tasks.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Budget FY 2026-27 and 2027-28,Section 6,Page 80,Professional &Contractual
Services) and the budget is sufficient for this 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 Consultant Services Agreement
·Presentation
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Professional Consultant Services Agreement 1 of 14 Specification No. CS-2026-725BD
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PROFESSIONAL CONSULTANT SERVICES AGREEMENT RIGHT OF WAY SERVICES Specification No. CS-2026-725BD
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 Paragon Partners Consultants, 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 Right of Way Services 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 October 28, 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.
1.5 Work Hours: All [work or meetings with OC San staff] shall be scheduled Monday
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through Friday, between the hours of 7:30 a.m. and 5:30 p.m. OC San will not pay for travel time. 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 fiduciary standards, 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; (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 as
they apply to specifically identified milestones, deliverables, or deadlines set forth in the Agreement and any other schedules or deadlines as directed by OC San over the term of the Agreement. Notwithstanding the foregoing, Consultant shall not be liable for any delays in performance or failure to meet project milestones or deadlines to the extent such delays are caused by: (i) OC San’s failure to provide timely access,
direction, approvals, or information necessary for Consultant’s performance; (ii) changes in scope or schedule initiated by the OC San, Owner, or other project stakeholders; (iii) force majeure events or circumstances beyond Consultant’s control; or (iv) delays by other contractors/consultants or third parties not under the direct
control of Consultant. In such cases, Consultant shall be entitled to a reasonable extension of time, and if such delay materially impacts Consultant’s costs, the parties shall negotiate in good faith an equitable adjustment to the Work Order price. 3. Agreement Term.
3.1 The term of this Agreement shall be for [one (1)] year[s] from the effective date of the Notice to Proceed.
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3.2 Renewals. At its sole discretion, OC San may exercise the option to renew this Agreement for up to [four (4) one-year periods]. This Agreement may be renewed by an OC San Purchase Order. OC San shall have no obligation to renew the Agreement nor to give a reason if it elects not to renew it.
3.3 Extensions. The term of this Agreement may be extended only by an amendment signed by both Parties. 4. Compensation. 4.1 As compensation for the Services provided under this Agreement, OC San shall pay Consultant a total amount not to exceed Three Hundred Thousand Dollars ($300,00.00).
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 All services provided shall be billed in fifteen (15) minute increments (0.25 hours), with time rounded up to the nearest fifteen (15) minute interval. 5.3 Depending on the complexity and nature of the request, fees for various reports, including but not limited to Appraisals, Quit Claim Deeds, Surveys, and Title Services, will be mutually agreed upon by both parties prior to proceeding with any services.
5.4 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. California Department of Industrial Relations Registration and Record of Wages. 6.1 To the extent Consultant’s employees and/or its subconsultants perform work related to this Agreement for which Prevailing Wage Determinations have been issued by the California Department of Industrial Relations (DIR) as more specifically defined under
Labor Code section 1720 et seq., prevailing wages are required to be paid for applicable work under this Agreement. It is Consultant’s responsibility to interpret and implement any prevailing wage requirements and Consultant agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
6.2 Consultant and its subconsultants shall comply with the registration requirements of Labor Code section 1725.5. Pursuant to Labor Code section 1771.4(a)(1), the work is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR).
6.3 Pursuant to Labor Code section 1773.2, a copy of the prevailing rate of per diem wages is available upon request at OC San’s principal office. The prevailing rate of per diem wages may also be found at the DIR website for prevailing wage determinations at http://www.dir.ca.gov/DLSR/PWD.
6.4 Consultant and its subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of
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Regulations section 16461(e). Pursuant to Labor Code sections 1773.2 and 1771.4(a)(2), Consultant shall post a copy of the prevailing rate of per diem wages at the job site.
6.5 Consultant and its subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code section 1776. Consultant and its subconsultants shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3). Pursuant to Labor Code section 1776, the
Consultant and its subconsultants shall furnish a copy of all certified payroll records to OC San and/or the general public upon request, provided the public request is made through OC San, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement of the Department of Industrial Relations. Pursuant to Labor Code section 1776(h), penalties for non-compliance with a request for payroll records
may be deducted from progress payments. 6.5.1 As a condition to receiving payments, Consultant agrees to present to OC San, along with any request for payment, all applicable and necessary certified
payrolls and other required documents for the period covering such payment request. Pursuant to Title 8, California Code of Regulations section 16463, OC San shall withhold any portion of a payment, up to and including the entire payment amount, until certified payroll forms and any other required documents are properly submitted. In the event certified payroll forms do not comply with the requirements of Labor Code section 1776, OC San may continue to withhold sufficient funds to cover estimated wages and penalties under the Agreement. 6.6 The Consultant and its subconsultants shall comply with Labor Code section 1774 and section 1775. Pursuant to Labor Code section 1775, the Consultant and any of its subconsultants shall forfeit to OC San a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any work. 6.6.1 In addition to the penalty and pursuant to Labor Code section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or its subconsultant. 6.7 Consultant and its subconsultants shall comply with Labor Code sections 1810 through 1815. Consultant and its subconsultants shall restrict working hours to eight (8) hours per day and forty (40) hours per week, except that work performed in excess of those limits shall be permitted upon compensation for all excess hours worked at not less than one and one-half (1.5) times the basic rate of pay, as provided in Labor Code section 1815. The Consultant shall forfeit, as a penalty to OC San, twenty-five dollars ($25) per worker per calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of Labor Code sections 1810 through 1815. 6.8 Consultant and its subconsultants shall comply with Labor Code sections 1777.5, 1777.6, and 1777.7 concerning the employment of apprentices by Consultant or any subconsultant.
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6.9 Consultant shall include, at a minimum, a copy of the following provisions in any contract it enters into with any subconsultant: Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860, and 1861.
6.10 Pursuant to Labor Code sections 1860 and 3700, the Consultant and its subconsultants will be required to secure the payment of compensation to employees. Pursuant to Labor Code section 1861, Consultant, by accepting this Agreement,
certifies that: “I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Consultant shall ensure that all its contracts with its subconsultants provide the
provision above. 7. 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. 8. 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.
9. Ownership of Intellectual Property. 9.1 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. 9.2 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, specifications, assignments, and all other instruments and papers which OC San shall
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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. 9.3 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. 9.4 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. 10. Right to Review Services, Facilities, and Records. 10.1 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.
10.2 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. 10.3 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. 11. Conflict of Interest and Reporting. 11.1 Consultant shall, at all times, avoid conflicts of interest or appearance of conflicts of interest in performance of this Agreement.
11.2 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. 12. 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. 13. 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.
14. 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
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right to examine any directly pertinent books, documents, and records of Consultant relating to the invoices submitted by Consultant pursuant to this Agreement. 15. 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.” 16. 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. 17. 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 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 third-party 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 alleged negligent 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. Notwithstanding the foregoing, if Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence,
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recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. Independent Contractor. 18.1 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.
18.2 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. 18.3 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. 18.4 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. 18.5 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. 18.6 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. 19. 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. 20. No Solicitation of Employees. 20.1 Consultant agrees that it shall not, during the term of this Agreement and for a period of one (1) year immediately following expiration or termination of this Agreement or
any extension hereof, call on, solicit, or take away any of the employees whom Consultant became aware of as a result of Consultant’s Services to OC San. 20.2 Consultant acknowledges that OC San’s employees are critical to its business and OC San expends significant resources to hire, employ, and train employees. Should
Consultant employ or otherwise engage OC San’s employees during the term of this Agreement and for a period of six (6) months following expiration or termination of this Agreement, Consultant shall pay OC San thirty percent (30%) of the former
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employee’s most recent annual salary earned at OC San to accurately reflect the reasonable value of OC San’s time and costs. This payment is in addition to any other rights and remedies OC San may have at law. 21. Confidentiality and Non-Disclosure. 21.1 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.
21.2 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.
21.3 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.
21.4 Consultant agrees as follows: 21.4.1 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. 21.4.2 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. 21.4.3 To return all confidential information in Consultant’s possession upon termination of this Agreement or upon OC San’s request, whichever occurs first. 21.4.4 To hold in confidence information and materials, if any, developed pursuant to the Services hereunder. 21.4.5 The provisions of this section shall survive termination or expiration of this Agreement and shall continue for so long as the material remains confidential. 22. 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.
23. Third-Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OC San and Consultant. 24. 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
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included herein shall be deemed included as a part of this Agreement whether or not specifically included or referenced. 25. 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.
26. 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.
27. 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. 28. 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
29. 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. 30. Dispute Resolution. 30.1 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.
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30.2 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. 31. 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.
32. Force Majeure. Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government, or any other cause beyond its control, but the affected party shall use reasonable efforts to minimize the extent of the delay. Work affected by a force majeure condition may be rescheduled by mutual consent of the Parties. 33. Termination. 33.1 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. 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. 33.2 OC San reserves the right to terminate this Agreement immediately upon OC San’s
determination that Consultant is not complying with the Scope of Work requirements, or if the level of service is inadequate. . 33.3 OC San may also terminate this Agreement for default, in whole or in part, by written
Notice of Default to Consultant:
• if Consultant becomes insolvent or files a petition under the Bankruptcy Act; or
• if Consultant sells its business; or
• if Consultant breaches any of the terms of this Agreement; or
• if the total amount of compensation exceeds the amount authorized under this Agreement.
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Consultant shall have fifteen (15) days from the receipt of the Notice of Default to cure the default (“Cure Period”). During the period of time that Consultant is in default, OC San shall hold all invoices and, if the default is cured, proceed with payment as
applicable, without liability for interest. If Consultant does not cure the default at the conclusion of the Cure Period, OC San may immediately terminate this Agreement with notice to Consultant and may pursue, without prejudice, any other remedy to which OC San may be entitled at law, in equity or under this Agreement.
33.4 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. 34. 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. 35. 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. 36. 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 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.
37. Survival. The provisions of this Agreement dealing with payment, warranty, indemnity, and forum for enforcement shall survive expiration or early termination of this Agreement. 38. 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. 39. Notices. 39.1 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: Natalia Bello
Buyer Orange County Sanitation District 18480 Bandilier Circle
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Fountain Valley, CA 92708 Nbello@ocsan.gov Consultant: William McCawley
Vice President/CFO Paragon Partners Consultants, Inc. 5660Katella Ave, Suite 100 Cypress, CA 90630
Bmccawley@paragon-partners.com 39.2 Each party shall provide the other party written notice of any change in address as soon as practicable. 40. Read and Understood. By signing this Agreement, Consultant represents that it has read and understood the terms and conditions of the Agreement. 41. 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. 42. 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. [Intentionally left blank. Signatures follow on the next page.]
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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:
John Dumitru Chair, Board of Directors
Dated: _________________ By: Kelly A. Lore Clerk of the Board
Dated: _________________ By: Kevin Work
Purchasing & Contracts Manager Paragon Partners Consultants, Inc.
Dated: _________________ By:
Print Name and Title of Officer NB
EXHIBIT A Specification No. CS-2026-725BD
EXHIBIT A SCOPE OF WORK
For Right of Way Services
EXHIBIT A Page 1 of 2 Specification No. CS-2026-725BD
SCOPE OF WORK RIGHT OF WAY SERVICES SPECIFICATION NO. CS-2026-725BD EXECUTIVE SUMMARY/OVERVIEW The Orange County Sanitation District (OC San) is a public agency serving 2.6 million residents and businesses in central and northwestern Orange County, California. OC San operates 396 million miles of sewer infrastructure and two treatment plants,
processing approximately 185 million gallons of wastewater daily. As a part of ongoing capital improvement and infrastructure maintenance programs, OC San requires professional right-of-way services to support project delivery and regulatory compliance.
Purpose
OC San is seeking comprehensive and strategic Right of Way (ROW) services necessary to secure all real property interests required for successful project delivery. Services shall be performed in full compliance with applicable federal, state, and local laws and regulations, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act), and in accordance with industry standards and best practices consistent with the International Right of Way Association. The Consultant shall implement acquisition strategies that minimize project risk, support schedule certainty, and promote fair and equitable treatment of property owners.
2 General Requirements
2.1 The Consultant shall provide all services in accordance with the specifications and performance standards set forth herein.
2.2 Unless otherwise agreed, the vendor shall furnish all material, labor, equipment, and supplies necessary to perform the services required herein.
3 Specific Requirements/Services
3.1 Property Research and Title Services
3.1.1 The Consultant shall conduct property research and title services to ensure accurate identification of ownership and all parties of interest.
Services shall include the review and analysis of preliminary title reports, deeds, encumbrances, liens, and existing easements, as well as coordination of necessary title-curing actions. The Consultant shall proactively identify potential title risks and provide recommendations to mitigate their impact on project delivery.
3.2 Appraisal and Valuation Support
3.2.1 The Consultant shall provide appraisal coordination and valuation support services to establish defensible and well-documented determinations of just compensation determined by appraisal documentation. Services shall include coordination of appraisal assignments, technical review of appraisal reports for compliance with standard appraisal guidelines and accuracy, preparation of written offers of just compensation after OC San Project Manager’s approval, and support of administrative settlements, as appropriate. The
Consultant shall ensure all valuation activities are consistent with applicable professional standards, licenses and agency requirements.
EXHIBIT A Page 2 of 2 Specification No. CS-2026-725BD
3.3 Acquisition and Negotiation Services
3.3.1 The Consultant shall provide professional acquisition and negotiation services in a manner that complies with all applicable laws and OC San policies, with all negotiations documented and conducted within
established timelines. Services shall include preparing acquisition documents (including fee title, permanent easements, and temporary construction easements), and coordinating document execution, escrow, and recordation. The Consultant shall employ proactive communication strategies to reduce disputes and support timely acquisition. 3.4 Eminent Domain Support (If required)
3.4.1 The Consultant shall provide eminent domain support services when
voluntary acquisition efforts do not result in agreement. Services shall include preparing condemnation support documentation, coordinating with OC San’s Project Manager or Designee , when legal counsel is needed, and maintaining comprehensive acquisition files suitable for litigation support. The Consultant shall ensure all documentation is accurate, defensible, and aligned with statutory requirements.
3.5 Geographic Information Systems (GIS)
3.5.1 The Consultant shall provide spatial analysis and mapping services, including the preparation of parcel maps, exhibit maps, acquisition maps, strip maps, and easement overlays to clearly identify required property interest in a format compatible with OC San GIS System. The Consultant shall verify parcel boundaries, ownership dates, and right-of-way limits by coordinating with survey, engineering, and title documentation to ensure consistency and accuracy across project records.
3.6 Deliverables
3.6.1 The Consultant shall provide complete, organized, and audit-ready deliverables associated with the foregoing services. Deliverables include property data sheets, title summaries, written offers of just compensation, negotiation logs, executed and recorded conveyance documents, relocation case files (if applicable) and others as requested, and ROW certification documentation, as required for project close-out.
4 Staff Assistance
4.1 The Consultant shall be assigned an OC San Project Manager or Designee
who shall serve as the primary point of contact for all project coordination. Any meetings and/or correspondence related to this project shall be scheduled through and approved by OC San’s Project Manager/Designee.
9/30/2026
1
Right-of-Way Services,
Specification No. CS-2026-725BD
Presented by:
Justin Fenton
Engineering Manager
Operations Committee
October 7, 2026
•Tangible:
•Physical Land & Properties
•Structures, Infrastructure, & Appurtenances
•Intangible:
•Easements—Permanent & Temporary (for construction)
•Right-of-Way Permits
What is Real Property?
2
1
2
9/30/2026
2
•OC San’s real property rights are essential to our operation
•Rights are impacted by:
•Capital Improvement Projects
•Operational Needs
•Others (ex: encroachments, development)
Importance to OC San
3
Manhole
Future Project
Locations
Easement
•Property Research and Title Services
•Appraisal and Valuation Support
•Acquisition and Negotiation Services
•Mapping Services and Parcel Verifications
•Eminent Domain Support (if required)
Services to be Provided
4
3
4
9/30/2026
3
Recommend to the Board of Directors to:
A. Approve a Professional Consultant Services Agreement with
Paragon Partners Consultants, Inc. for Right of Way Services,
Specification No. CS-2026-725BD, for a total amount not to
exceed $300,000, with four (4) one-year renewal options; and
B. Approve an annual contingency of $30,000 (10%).
Recommendation
5
5
OPERATIONS COMMITTEE
Agenda Report
Headquarters
18480 Bandilier Circle
Fountain Valley, CA 92708
(714) 593-7433
File #:2026-5113 Agenda Date:10/7/2026 Agenda Item No:8.
FROM:Robert Thompson, General Manager
Originator: Wally Ritchie, Director of Finance
SUBJECT:
RATE STUDY UPDATE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Orange County Sanitation District (OC San) recently completed a Cost of Service Study to evaluate
the costs associated with providing wastewater services. Staff will present information from the study,
including the results of the analysis and associated rates.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Stable rates, no large unforeseen rate increases
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
Orange County Sanitation District Printed on 9/30/2026Page 1 of 1
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ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies LOS Level Of Service RFP Request For Proposal
APWA American Public Works
Association MGD Million Gallons Per Day RWQCB Regional Water Quality
Control Board
AQMD Air Quality Management
District MOU Memorandum of
Understanding SARFPA Santa Ana River Flood
Protection Agency
ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor
BOD Biochemical Oxygen Demand NEPA National Environmental Policy
Act SARWQCB Santa Ana Regional Water
Quality Control Board
CARB California Air Resources
Board NGOs Non-Governmental
Organizations SAWPA Santa Ana Watershed
Project Authority
CASA California Association of
Sanitation Agencies NPDES National Pollutant Discharge
Elimination System SCADA Supervisory Control And
Data Acquisition
CCTV Closed Circuit Television NWRI National Water Research
Institute SCAP
Southern California
Alliance of Publicly Owned
CEQA California Environmental
Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality
Management District
CIP Capital Improvement
Program OCCOG Orange County Council of
Governments SOCWA South Orange County
Wastewater Authority
CRWQCB California Regional Water
Quality Control Board OCHCA Orange County Health Care
Agency SRF Clean Water State
Revolving Fund
CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan
CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow
EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources
Control Board
EMT Executive Management Team OSHA Occupational Safety and
Health Administration TDS Total Dissolved Solids
EPA US Environmental Protection Agency PCSA
Professional
Consultant/Construction TMDL Total Maximum Daily Load
FOG Fats, Oils, and Grease PDSA Professional Design Services
Agreement TSS Total Suspended Solids
gpd gallons per day PFAS
Per- and Polyfluoroalkyl
Substances WDR Waste Discharge
Requirements
GWRS Groundwater Replenishment
System PFOA Perfluorooctanoic Acid WEF Water Environment
Federation
ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation
IERP Integrated Emergency
Response Plan POTW Publicly Owned Treatment
Works WIFIA Water Infrastructure
Finance and Innovation Act
JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the
LAFCO Local Agency Formation
Commission PSA Professional Services
Agreement WRDA Water Resources
Development Act
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
ACTIVATED SLUDGE PROCESS – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater.
BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone.
BIOCHEMICAL OXYGEN DEMAND (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water.
BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used
as a fuel.
BIOSOLIDS – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for
commercial and home gardens to improve and maintain fertile soil and stimulate plant growth.
CAPITAL IMPROVEMENT PROGRAM (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities.
COLIFORM BACTERIA – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater.
COLLECTIONS SYSTEM – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water.
CERTIFICATE OF PARTICIPATION (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues.
CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants.
DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample.
GREENHOUSE GASES (GHG) – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”).
GROUNDWATER REPLENISHMENT SYSTEM (GWRS) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and OCSD provides 70
million gallons per day of drinking quality water to replenish the local groundwater supply.
LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance.
N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine suspected cancer-causing agent. It has been found in the GWRS
process and is eliminated using hydrogen peroxide with extra ultra-violet treatment.
NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the NACWA and WEF, with advisory support from the EPA. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance.
PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) – A large group (over 6,000) of human-made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects.
PERFLUOROOCTANOIC ACID (PFOA) – An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon).
PERFLUOROOCTANESULFONIC ACID (PFOS) – A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents.
PLUME – A visible or measurable concentration of discharge from a stationary source or fixed facility.
PUBLICLY OWNED TREATMENT WORKS (POTW) – A municipal wastewater treatment plant.
SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment.
SANITARY SEWER – Separate sewer systems specifically for the carrying of domestic and industrial wastewater.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) – Regional regulatory agency that develops plans and
regulations designed to achieve public health standards by reducing emissions from business and industry.
SECONDARY TREATMENT – Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater.
SLUDGE – Untreated solid material created by the treatment of wastewater.
TOTAL SUSPENDED SOLIDS (TSS) – The amount of solids floating and in suspension in wastewater.
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
TRICKLING FILTER – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them.
URBAN RUNOFF – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans.
WASTEWATER – Any water that enters the sanitary sewer.
WATERSHED – A land area from which water drains to a particular water body. OCSD’s service area is in the Santa Ana River Watershed.