The URL can be used to link to this page

Home My WebLink About09-25-2019 Board Meeting Complete Agenda Packet GoJN SANITgT,/0 Q ? r c� o i H� THE ENS Orange County Sanitation District BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, September 25, 2019 - 6:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 ACCOMMODATIONS FOR THE DISABLED: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District 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 POSTING: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District's website at www.ocsd.com not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. 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 AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the meeting. Please contact the Clerk of the Board's office at(714) 593-7433 to request the audio file. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433/ klore@ocsd.com at least 14 days before the meeting. FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT: General Manager: Jim Herberg,jherberg@ocsd.com/ (714)593-7300 Asst. General Manager: Lorenzo Tyner, Ityner@ocsd.com/(714)593-7550 Asst. General Manager: Rob Thompson, rthompson@ocsd.com/ (714)593-7310 Director of Human Resources: Celia Chandler, cchandler@ocsd.com/(714) 593-7202 Director of Engineering: Kathy Millea, kmillea@ocsd.com/(714)593-7365 Director of Environmental Services: Lan Wiborg, Iwiborg@ocsd.com/(714) 593-7450 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, September 25, 2019 CALL TO ORDER (Board Chairman David Shawver) INVOCATION AND PLEDGE OF ALLEGIANCE (Jesus J. Silva, City of Fullerton) ROLL CALL (Clerk of the Board) DECLARATION OF QUORUM PUBLIC COMMENTS: If you wish to address the Board of Directors on any item, please complete a Speaker's Form (located at the table outside of the Board Room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you wish to speak. Speakers will be recognized by the Chairperson and are requested to limit comments to three minutes. SPECIAL PRESENTATIONS: Employee Service Awards REPORTS: The Board Chairperson and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES 2019-568 RECOMMENDATION: Approve Minutes of the Regular Meeting of the Board of Directors held August 28, 2019. Originator: Kelly Lore Attachments: Agenda Report 08-28-2019 Board Meeting Minutes Page 1 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, September 25, 2019 RECEIVE AND FILE: 2. COMMITTEE MEETING MINUTES 2019-569 RECOMMENDATION: Receive and file the following: A. Minutes of the Legislative and Public Affairs Committee held July 8, 2019 B. Minutes of the Operations Committee Meeting held July 10, 2019 C. Minutes of the Administration Committee Meeting held July 17, 2019 D. Minutes of the Steering Committee Meeting held July 24, 2019 Originator: Kelly Lore Attachments: Agenda Report 07-08-2019 Legislative Committee Minutes 07-10-2019 Operations Committee Minutes 07-17-2019 Administration Committee Minutes 07-24-2019 Steering Committee Minutes 3. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH 2O19-577 OF AUGUST 2019 RECOMMENDATION: Receive and file the following: Report of the Investment Transactions for the month of August 2019. Originator: Lorenzo Tyner Attachments: Agenda Report Investment Transactions for the Month of August 2019 4. STATUS OF EARLY LEASE TERMINATION NEGOTIATIONS 2019-594 RECOMMENDATION: Receive and file the following: Summary of Early Lease Termination Agreements. Originator: Lorenzo Tyner Attachments: Agenda Report Summary of Early Lease Termination Agreements OPERATIONS COMMITTEE: 5. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT 2019-601 NO. 2, PROJECT NO. P2-123 RECOMMENDATION: A. Approve a Professional Construction Services Agreement with Spec Services, Page 2 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, September 25, 2019 Inc. to provide construction support services for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for a total amount not to exceed $252,329; and B. Approve a contingency of $25,233 (10%). Originator: Kathy Millea Attachments: Agenda Report Professional Construction Services Agreement 09-04-19 Operations Committee Presentation Legislative History 9/4/19 OPERATIONS COMMITTEE Recommended for Approval 6. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT 2019-602 NO. 2, PROJECT NO. P2-123 RECOMMENDATION: A. Receive and file Bid Tabulation and Recommendation for Return Activated Sludge Piping Replacement at Plant No. 2, Project P2-123; B. Receive and file Orange County Sanitation District's Notice of Intent to Award dated August 8, 2019; C. Receive and file Award Protest from W.M. Lyles Co. dated August 13, 2019, concerning the award to Shimmick Construction Company; D. Receive and file response letter from Shimmick Construction Company dated August 20, 2019, regarding the bid protest of W.M. Lyles Co.; E. Receive and file Orange County Sanitation District's determination letter dated August 23, 2019, to W.M. Lyles Co. responding to Award Protest; F. Deny award protest filed by W.M. Lyles Co.; G. Award a Construction Contract to Shimmick Construction Company for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for a total amount not to exceed $6,042,111; and H. Approve a Construction Contract contingency of $604,211 (10%). Originator: Kathy Millea Page 3 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, September 25, 2019 Attachments: Agenda Report W.M. Lyles Co. Award Protest Letter Shimmick Construction Company Response to Bid Protest Letter Sanitation District Response to W.M. Lyles Co. Award Protest Sanitation District Intent to Award Letter Construction Contract 09-04-19 Operations Committee Presentation Legislative History 9/4/19 OPERATIONS COMMITTEE Recommended for Approval 7. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE 2019-603 REPORT RECOMMENDATION: Receive and file the Capital Improvement Program Contract Performance Report for the period ending June 30, 2019. Originator: Kathy Millea Attachments: Agenda Report OCSD CIP Quarterly Contracts Report August 2019 Legislative History 9/4/19 OPERATIONS COMMITTEE Recommended for Approval 8. SUNFLOWER AND RED HILL INTERCEPTOR REPAIR, PROJECT NO. 2019-605 7-66 RECOMMENDATION: A. Approve a Professional Design Services Agreement with GHD Inc. to provide engineering services for Sunflower and Red Hill Interceptor Repair, Project No. 7-66, for an amount not to exceed $308,712; and B. Approve a contingency of $30,871 (10%). Originator: Kathy Millea Attachments: Agenda Report 7-66 Professional Design Services Agreement Legislative History 9/4/19 OPERATIONS COMMITTEE Recommended for Approval 9. PLANT NO. 2 EFFLUENT PUMP STATION ANNEX, VARIABLE 2019-606 FREQUENCY DRIVE MODERNIZATION, AND MANUFACTURER SERVICE AGREEMENT Page 4 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, September 25, 2019 RECOMMENDATION: A. Approve Sole Source Purchase Order to the Original Equipment Manufacturer, Siemens Industry, Inc., to modernize three Effluent Pump Station Annex (EPSA) Variable Frequency Drives (VFDs) for a fixed amount not to exceed $368,879, plus applicable tax and shipping; B. Approve Sole Source Purchase Order for SIEPRO® Technical Service Agreement with Siemens Industry, Inc. to perform annual preventative maintenance, for a three-year period, for an amount not to exceed $68,805, plus applicable tax and shipping; and C. Approve contingency funds of 20% for each contract, for a combined total not to exceed $87,537. Originator: Rob Thompson Attachments: Agenda Report Legislative History 9/4/19 OPERATIONS COMMITTEE Recommended for Approval 10. ON-CALL PREVENTATIVE MAINTENANCE SERVICES FOR 2019-609 ELECTRICAL EQUIPMENT (MP-278) RECOMMENDATION: A. Approve a Contract to provide on-call electrical maintenance services, Specification No. S-2019-1006BD-R, with Hampton Tedder Technical Services for a one-year period effective November 1, 2019 through October 31, 2020, for an amount not to exceed $1,657,950, and approve four, one-year renewal options; and B. Approve a contingency of $82,898 (5%). Originator: Rob Thompson Attachments: Agenda Report Specification No. S-2019-1006BD-R Legislative History 9/4/19 OPERATIONS COMMITTEE Recommended for Approval 11. BLANKET PURCHASE ORDER FOR ARC FLASH SUIT & GLOVE 2019-610 RENTAL PROGRAM FROM CINTAS CORPORATION RECOMMENDATION: A. Approve Blanket Purchase Order with Cintas Corporation for 12 calorie per Page 5 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, September 25, 2019 square centimeter rated daily wear uniform and 65 calorie per square centimeter rated Arc Flash Suit and Electrically Insulated Glove Lease Program per Cooperative Agreement Contract: R-BB-19002, for a total amount not to exceed $380,185 for a three-year contract term, plus one additional three-year renewal option; and B. Approve contingency of $19,000 (5%). Originator: Rob Thompson Attachments: Agenda Report Legislative History 9/4/19 OPERATIONS COMMITTEE Recommended for Approval ADMINISTRATION COMMITTEE: 12. 2019 ORANGE COUNTY REGIONAL WATER AND WASTEWATER 2019-613 HAZARD MITIGATION PLAN RECOMMENDATION: Adopt Resolution No. OCSD 19-17 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving and Adopting the 2019 Orange County Regional Water and Wastewater Hazard Mitigation Plan," in accordance with the Disaster Mitigation Act (DMA) of 2000. Originator: Celia Chandler Attachments: Agenda Report Annex C of the 2019 Orange County Regional Water and Wastewater Hazard Mitigation Plan Resolution No. OCSD 19-17 Resolution Exhibit "A" 2019 Orange County Regional Water and Wastewater Hazard Mitigation Plan 09-11-19 Administration Committee Presentation Legislative History 9/11/19 ADMINISTRATION Recommended for Approval COMMITTEE 13. REIMBURSEMENTS TO BOARD MEMBERS AND STAFF 2019-611 RECOMMENDATION: Receive and file report of reimbursements to Board Members and Staff per Government Code Section 53065.5 for the period July 1, 2018 through June 30, 2019. Originator: Lorenzo Tyner Page 6 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, September 25, 2019 Attachments: Agenda Report Report of Reimbursements for 7-1-18 through 6-30-19 Legislative History 9/11/19 ADMINISTRATION Recommended for Approval COMMITTEE LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: 14. PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF JULY AND 2019-604 AUGUST 2019 RECOMMENDATION: Receive and file the Public Affairs Update for the months of July and August 2019. Originator: Jim Herberg Attachments: Agenda Report Outreach Report July-August 2019 Media Clips July-August 2019 09-09-19 LaPA Committee Presentation Legislative History 9/9/19 LEGISLATIVE AND PUBLIC Recommended for Approval AFFAIRS COMMITTEE 15. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF JULY AND 2019-608 AUGUST 2019 RECOMMENDATION: Receive and file the Legislative Affairs Update for the months of July and August 2019. Originator: Jim Herberg Attachments: Agenda Report Federal Update - ENS Resources Federal Legislative Matrix - ENS Resources State Update - Townsend Public Affairs Legislative Matrix - Townsend Public Affairs Grant Matrix 09-09-19 LaPA Committee Presentations Legislative History 9/9/19 LEGISLATIVE AND PUBLIC Recommended for Approval AFFAIRS COMMITTEE Page 7 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, September 25, 2019 STEERING COMMITTEE: 16. GENERAL MANAGER'S FISCAL YEAR 2019-2020 WORK PLAN 2019-600 RECOMMENDATION: Receive and file the General Manager's Fiscal Year 2019-2020 Work Plan. Originator: Jim Herberg Attachments: Agenda Report General Manager's Fiscal Year 2019-2020 Work Plan 17. GENERAL MANAGER'S COMPENSATION AND BENEFITS 2019-612 RECOMMENDATION: Adopt Resolution No. OCSD 19-12 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases and salary range adjustments for the General Manager for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022", authorizing the Board Chair to implement increases consisting of a 3% salary range adjustment and corresponding salary increase annually and up to a 2.5% merit increase annually based on job performance as determined by the Board of Directors commencing in the first pay period of July 2019 for Fiscal Year 2019/2020. Attachments: Agenda Report Resolution No. OCSD 19-12 General Manager's Current and Proposed Salary Schedule General Manager's At-Will Employment Agreement 18. EXECUTIVE MANAGEMENT TEAM COMPENSATION AND BENEFITS 2019-614 AND MANAGER GROUP COMPENSATION AND BENEFITS RECOMMENDATION: A. Adopt Resolution No. OCSD 19-13 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases, salary range adjustments, and a minor increase to 457(b) matching contributions for At-Will Executive Management Team employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021 , and Fiscal Year 2021/2022", authorizing the General Manager to implement increases consisting of a 3% salary range adjustment annually and corresponding salary increases and up to a 5% merit increase annually based on job performance as determined by the General Manager, not to exceed Step 5 of the corresponding salary range, commencing in the first pay period of July 2019 for Fiscal Year 2019/2020. B. Adopt Resolution No. OCSD 19-14 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases, Page 8 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, September 25, 2019 salary range adjustments, and a minor increase to 457(b) matching contributions for unrepresented management employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021 , and Fiscal Year 2021/2022", authorizing the General Manager to implement increases consisting of a 3% salary range adjustment annually and corresponding salary increases and up to a 5% merit increase annually based on job performance as determined by the General Manager, not to exceed Step 5 of the corresponding salary range, commencing in the first pay period of July 2019 for Fiscal Year 2019/2020. Originator: Celia Chandler Attachments: Agenda Report Resolution No. OCSD 19-13 - Executive Management Team Current Executive Management Team Pay Table Proposed Executive Management Team Pay Tables, July 2019 to June 2022 Resolution No. OCSD 19-14 - Manager Group Current Manager Group Pay Table Proposed Manager Group Pay Tables, July 2019 to July 2022 19. CONFIDENTIAL EMPLOYEE GROUP COMPENSATION BENEFITS 2019-615 RECOMMENDATION: A. Adopt Resolution No. OCSD 19-15 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary range adjustments and consideration to establish a Health Retirement Account for unrepresented exempt confidential employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021 , and Fiscal Year 2021/2022". B. Adopt Resolution No. OCSD 19-16 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary range adjustments, a minor increase in Development Pay, and consideration to establish a Health Retirement Account for unrepresented non-exempt confidential employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022". Originator: Celia Chandler Attachments: Agenda Report Resolution No. OCSD 19-15 - Exempt Confidential Resolution No. OCSD 19-16 - Non-Exempt Confidential Current Salary Schedule for Confidential Group (FY 2018/2019) Proposed Salary Schedules for Confidential Group Page 9 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, September 25, 2019 NON-CONSENT: 20. STRATEGIC PLAN DEVELOPMENT 2019-590 RECOMMENDATION: Provide input to staff on the development of the Strategic Plan. Originator: Rob Thompson Attachments: Agenda Report OCSD Resilient Staffing Policy Statement OCSD Safety and Physical Security Policy Statement OCSD Cyber Security Policy Statement OCSD Property Management Policy Statement INFORMATION ITEMS: AB 1234 DISCLOSURE REPORTS: This item allows Board members to provide a brief oral report regarding the disclosure of outside committees, conferences, training, seminars, etc. attended at the Agency's expense, per Government Code§53232.3(d). 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 Board members may request staff to place an item on a future agenda. ADJOURNMENT: Adjourn the Board meeting until the Regular Meeting of the Board of Directors on October 23, 2019 at 6:00 p.m. Page 10 of 10 oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 BOARD OF DIRECTORS (714)593 7433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-568 Agenda Date: 9/25/2019 Agenda Item No: 1. FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: APPROVAL OF MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve Minutes of the Regular Meeting of the Board of Directors held August 28, 2019. 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. OCSD 18-12 ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Minutes of the Board of Directors meeting held August 28, 2019 Orange County Sanitation District Page 1 of 1 Printed on 9/18/2019 powered by LegistarTM ORANGE COUNTY SANITATION DISTRICT MINUTES BOARD OF DIRECTORS AUGUST 28, 2019 Go�NI N S A N I Tq T�o2 Q c o -i THE Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 BOARD OF DIRECTORS Minutes August 28, 2019 CALL TO ORDER A regular meeting of the Board of Directors of the Orange County Sanitation District was called to order by Board Chairman David Shawver on August 28, 2019 at 6:02 p.m. in the Administration Building. Alternate Director Stacy Berry delivered the invocation and led the Pledge of Allegiance. ROLL CALL AND DECLARATION OF QUORUM The Clerk of the Board declared a quorum present as follows: Present: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate), Stacy Berry (Alternate) and Jan Flory (Alternate) Absent: Peter Kim and Mark Murphy STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Kelly Lore, Clerk of the Board; Jeff Armstrong; Marc Brown; Jennifer Cabral; Cliff Casanova; Rod Collins; Phil Cordova; Ron Coss; Raul Cuellar; Don Cutler; Thys DeVries; Mike Dorman; Dean Fisher; Al Garcia; Ted Gerber; Jed Gonzales; Mark Kawamoto; Laurie Klinger; Tina Knapp; Laura Maravilla; Tom Meregillano; Andrew Nau; Wally Ritchie; Roya Sohanaki; Don Stokes; Thomas Vu; and Eros Yong. OTHERS PRESENT: Brad Hogin (General Counsel); Laura Kalty, Liebert Cassidy Whitmore (Special Counsel); Bob Ooten (Alternate Director) CMSD; Saliem Aregaye, OCEA; Joseph Choo, GST and Austin Mejia, Supervisor Chaffee's office. PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS: Assistant General Manager Rob Thompson presented a 30 year Employee Service Award to Phil Cordova, Lead Mechanic Division 870. REPORTS: Page 1 of 12 BOARD OF DIRECTORS Minutes August 28, 2019 Chair Shawver thanked everyone who was able to attend OCSD's 65th Open House and Centrifuge Facility Ribbon Cutting ceremony last month, and stated that more than 45 elected officials, industry leaders attended the ribbon cutting ceremony with over 500 guests at the Community Open House. Chair Shawver also reported on his attendance and participation at the CASA Conference in San Diego last week and the Urban Water Institute Conference in San Diego the week of the 19th. He stated that information regarding the Governor's Plan for California WateReuse had been provided to the Directors and made available for the public. Chair Shawver thanked everyone who was able to attend OCSD's 65th Open House and Centrifuge Facility Ribbon Cutting ceremony last month, and stated that more than 45 elected officials, industry leaders attended the ribbon cutting ceremony with over 500 guests at the Community Open House. Chair Shawver also reported on his attendance and participation at the CASA Conference in San Diego last week and the Urban Water Institute Conference in San Diego the week of the 19th. He stated that information regarding the Governor's Plan for California WateReuse had been provided to the Directors and made available for the public. General Manager Herberg reported that the American Society of Civil Engineers conducted a peer review conducted by several outside agencies who identified strengths and specific opportunities for improvement He stated that Director of Engineering Kathy Millea will work with staff to follow-up on these opportunities. Mr. Herberg announced that OCSD's Purchasing, Contracts & Materials Management Division has been awarded the Achievement of Excellence in Procurement for the 18th consecutive year. He also announced and congratulated Jennifer Cabral on her promotion to Administration Manager who will help to support the Executive Management Team and the Board of Directors, while overseeing Public Affairs and Board Services. Mr. Herberg stated that tonight will be the first of three presentations for the Development of the New Strategic Plan, including a Special meeting of the Board on September 18; and concluding at the Regular Board meeting on September 25. Finally, Mr. Herberg announced that the new agenda management software, the Legistar product from Granicus has been launched. CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2019-447 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Board of Directors held July 24, 2019. Page 2 of 12 BOARD OF DIRECTORS Minutes August 28, 2019 Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate), Stacy Berry (Alternate) and Jan Flory (Alternate) Noes: None Absent: Peter Kim and Mark Murphy Abstentions: None 2. ANNUAL MANHOLE FRAME AND COVER REPAIR CONTRACT 2019-481 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Bid Tabulation and Recommendation for Ayala Engineering for Manhole Frame Cover Replacement Services, Specification No. S-2019-1055BD. B. Award a Service Contract to Ayala Engineering to provided Manhole Frame & Cover Replacement Services, Specification No. S-2019-1055BD, for a total amount not to exceed $390,220 for the period beginning November 1, 2019 through October 31, 2020, with four optional one-year renewals; and C. Approve an annual contingency of $58,533 (15%). Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate), Stacy Berry (Alternate) and Jan Flory (Alternate) Noes: None Absent: Peter Kim and Mark Murphy Abstentions: None 3. GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS TO 2019-483 THE PRE-APPROVED OEM SOLE SOURCE LIST Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Page 3 of 12 BOARD OF DIRECTORS Minutes August 28, 2019 A. Receive and file District purchases made under the General Manager's authority for the period of April 1, 2019 to June 30, 2019; and B. Approve the following additions to the pre-approved OEM Sole Source List for the period of April 1, 2019 to June 30, 2019: 1. DME - Exhaust Bellows 2. FAIRBANKS NIJHUIS (FAIRBANKS MORSE) - Pump Repairs 3. JOHNSON MATTHEY SEC - Oxidation Catalyst (OXI) Units 4. SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT (SCCWRP)-Bight'18 Biological Impacts Assessment 5. WONDERWARE CALIFORNIA - Industrial Operator Interface Products (IntelaTrac) Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate), Stacy Berry (Alternate) and Jan Flory (Alternate) Noes: None Absent: Peter Kim and Mark Murphy Abstentions: None RECEIVE AND FILE: 4. COMMITTEE MEETING MINUTES 2019-449 Originator: Kelly Lore ACTION TAKEN TO: Receive and file the approved minutes of the following committees: Steering Committee Meeting held June 26, 2019 5. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH 2O19-448 OF JULY 2019 Originator: Lorenzo Tyner ACTION TAKEN TO: Receive and file the report of the Investment Transactions for the month of July 2019. Page 4 of 12 BOARD OF DIRECTORS Minutes August 28, 2019 PUBLIC HEARING: 6. COLLECTION OF SEWER SERVICE CHARGES VIA THE TAX ROLL 2019-486 Originator: Lorenzo Tyner Board Chairman David Shawver read the title into the record and proceeded with the Public Hearing. MOVED, SECONDED, AND DULY CARRIED TO: A. Conduct a public hearing to receive input on a report filed with the Clerk of the Board entitled: "Sewer Service Charges for Collection on Tax Rolls for Fiscal Year 2019-20" 1. Open the Public Hearing 2. Receive staff report and recommendations 3. Report of written communications by Clerk of the Board 4. Public Comment 5. Close Public Hearing 6. Discussion by Board of Directors; B. Unless there is a majority protest, adopt the report, which has the assessor's parcel numbers and amount of charges for collection on the tax rolls; C. Adopt Resolution No. OCSD 19-11 entitled "A Resolution of the Board of Directors of the Orange County Sanitation District adopting the Report proposing to collect Sewer Service Fees on the Tax Roll for Fiscal Year 2019/2012"; D. Authorize execution of the "Certification of Assessment"; E. Direct staff to file a certified copy of the adopted Resolution, Report and the Certification of assessment with the County Auditor-Controller; and F. Direct staff to coordinate collection of sanitary sewer service charges on the general Orange County tax rolls with the County Auditor-Controller, Assessor, and Tax Collector. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate), Stacy Berry (Alternate) and Jan Flory (Alternate) Noes: None Absent: Peter Kim and Mark Murphy Abstentions: None Page 5 of 12 BOARD OF DIRECTORS Minutes August 28, 2019 STEERING COMMITTEE: 7. AMENDMENT TO BIG CANYON COUNTRY CLUB EASEMENT 2019-496 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Approve the Amendment to Easement between Orange County Sanitation District and Big Canyon Country Club to adjust the Sanitation District's easement to correspond with the new sewer location within the Big Canyon Country Club in the City of Newport Beach. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate), Stacy Berry (Alternate) and Jan Flory (Alternate) Noes: None Absent: Peter Kim and Mark Murphy Abstentions: None 8. SETTLEMENT AGREEMENT WITH ASEPTIC TECHNOLOGY, LLC 2019-497 Originator: Lan Wiborg MOVED, SECONDED, AND DULY CARRIED TO: Authorize the General Manager to execute a Settlement Agreement to settle industrial wastewater discharge enforcement matters with Aseptic Technology, LLC, a facility that discharged without a valid Orange County Sanitation District permit, for $185,000 plus applicable fees and interest, in a form approved by General Counsel. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate), Stacy Berry (Alternate) and Jan Flory (Alternate) Noes: None Absent: Peter Kim and Mark Murphy Abstentions: None 9. GENERAL MANAGER'S FISCAL YEAR 2019-20 DRAFT WORK PLAN 2019-498 Originator: Jim Herberg Page 6 of 12 BOARD OF DIRECTORS Minutes August 28, 2019 MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the General Manager's Fiscal Year 2019-2020 Draft Work Plan. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate), Stacy Berry (Alternate) and Jan Flory (Alternate) Noes: None Absent: Peter Kim and Mark Murphy Abstentions: None 10. ELIMINATION OF UNFUNDED ACTUARIAL ACCRUED LIABILITY 2019-526 (UAAL) AND NET PENSION LIABILITY (NPL) WITHIN THE ORANGE COUNTY EMPLOYEES' RETIREMENT SYSTEM Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Direct staff to pay off the following amounts in the Orange County Sanitation District's defined pension plan administered by the Orange County Employees' Retirement System (OCERS) in an amount not to exceed $38 million: • Unfunded Actuarial Accrued Liability (UAAL) in the amount of $9 million for pension benefits • Net Pension Liability (NPL) in the amount of $29 million for deferred investment loss Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate), Stacy Berry (Alternate) and Jan Flory (Alternate) Noes: None Absent: Peter Kim and Mark Murphy Abstentions: None NON-CONSENT: 11. TREASURER'S REPORT FOR THE FOURTH QUARTER ENDED 2019-488 J U N E 30, 2019 Originator: Lorenzo Tyner Page 7 of 12 BOARD OF DIRECTORS Minutes August 28, 2019 MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Orange County Sanitation District Fourth Quarter Treasurer's Report for the period ended June 30, 2019. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Cecilia Iglesias, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate), Stacy Berry (Alternate) and Jan Flory (Alternate) Noes: None Absent: Peter Kim and Mark Murphy Abstentions: None 12. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE 2019-499 SUPERVISOR & PROFESSIONAL GROUPS Originator: Celia Chandler MOVED, SECONDED, AND DULY CARRIED TO: A. Adopt Resolution No. OCSD 19-08, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Supervisory and Professional Management Group, for Fiscal Years 2019/2020, 2020/2021 & 2021/2022; and B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange County Sanitation District and the two (2) Supervisory and Professional Management Group bargaining units. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Lucille Kring, Sandra Massa-Lavitt, Andrew Nguyen, Glenn Parker, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate) and Jan Flory (Alternate) Noes: Cecilia Iglesias, Richard Murphy, Steve Nagel, Erik Peterson and Stacy Berry (Alternate) Absent: Peter Kim and Mark Murphy Abstentions: None 13. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE 2019-500 ORANGE COUNTY EMPLOYEES ASSOCIATION Originator: Celia Chandler MOVED, SECONDED, AND DULY CARRIED TO: Page 8 of 12 BOARD OF DIRECTORS Minutes August 28, 2019 A. Adopt Resolution No. OCSD 19-09, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Orange County Employees Association (OCEA), for Fiscal Years 2019/2020, 2020/2021 & 2021/2022; and B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange County Sanitation District and the three (3) OCEA bargaining units. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Lucille Kring, Sandra Massa-Lavitt, Andrew Nguyen, Glenn Parker, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate) and Jan Flory (Alternate) Noes: Cecilia Iglesias, Richard Murphy, Steve Nagel, Erik Peterson and Stacy Berry (Alternate) Absent: Peter Kim and Mark Murphy Abstentions: None 14. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE 2019-501 INTERNATIONAL UNION OF OPERATING ENGINEERS - LOCAL 501 Originator: Celia Chandler MOVED, SECONDED, AND DULY CARRIED TO: A. Adopt Resolution No. OCSD 19-10, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the International Union of Operating Engineers, Local 501, for Fiscal Years 2019/2020, 2020/2021 & 2021/2022; and B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange County Sanitation District and the Local 501 bargaining unit. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Lucille Kring, Sandra Massa-Lavitt, Andrew Nguyen, Glenn Parker, Tim Shaw, David Shawver, Christina Shea, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate) and Jan Flory (Alternate) Noes: Cecilia Iglesias, Richard Murphy, Steve Nagel, Erik Peterson and Stacy Berry (Alternate) Absent: Peter Kim and Mark Murphy Abstentions: None Page 9 of 12 BOARD OF DIRECTORS Minutes August 28, 2019 Board Chairman Shawver announced that Closed Session would be heard prior to Item No. 15 Strategic Plan Development. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d) AND 54957.6 The Board convened in closed session at 6:49 p.m. to hear four items. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. CS-1 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT 2019-450 CODE SECTION 54957.6 CONVENED IN CLOSED SESSION: Agency Designated Representatives: General Manager James Herberg, Assistant General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler. Unrepresented Employees: Confidential Group: Assistant Clerk of the Board; Clerk of the Board; Human Resources Analyst; Human Resources Assistant; Human Resources Supervisor; Principal HR Analyst; Secretary to the General Manager; and Senior Human Resources Analyst. CS-2 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT 2019-451 CODE SECTION 54957.6 CONVENED IN CLOSED SESSION: Agency Designated Representatives: General Manager James Herberg, Assistant General Manager Lorenzo Tyner and Director of Human Resources Celia Chander. Unrepresented Employees: Managers Group: Administration Manager; Controller; Engineering Manager; Environmental Laboratory & Ocean Monitoring Manager; Human Resources & Risk Manager; IT Systems & Operations Manager; Maintenance Manager; Operations Manager; and Purchasing and Contracts Manager. CS-3 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT 2019-452 CODE SECTION 54957.6 CONVENED IN CLOSED SESSION: Page 10 of 12 BOARD OF DIRECTORS Minutes August 28, 2019 Agency Designated Representatives: General Manager James Herberg, Assistant General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler. Unrepresented Employees: Executive Managers Group: Assistant General Manager; Director of Engineering; Director of Environmental Services; and Director of Human Resources. CS-4 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED 2019-453 LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(2) CONVENED IN CLOSED SESSION: Number of Potential Cases: 1 Significant exposure to litigation: Claim of Jose Cruz RECONVENED IN REGULAR SESSION. The Board reconvened in regular session at 7:20 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin reported that the Board unanimously denied the Claim of Jose Cruz. AB 1234 DISCLOSURE REPORTS: Director Ferryman reported on his attendance at recent meetings of the NWRI and OCCOG. 15. STRATEGIC PLAN DEVELOPMENT 2019-492 Originator: Rob Thompson Staff provided input on five intiatives for the development of the new Strategic Plan and the Board was asked to: Provide input to staff on the development of the Strategic Plan. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. Page 11 of 12 BOARD OF DIRECTORS Minutes August 28, 2019 BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: At 8:21 p.m. Board Chairman Shawver adjourned the Board meeting until the SPECIAL Meeting of the Board of Directors on September 18, 2019 at 5:00 p.m. Submitted by: Kelly A. Lore, MMC Clerk of the Board Page 12 of 12 oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 BOARD OF DIRECTORS (714)593 7433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-569 Agenda Date: 9/25/2019 Agenda Item No: 2. FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: COMMITTEE MEETING MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the following: A. Minutes of the Legislative and Public Affairs Committee held July 8, 2019 B. Minutes of the Operations Committee Meeting held July 10, 2019 C. Minutes of the Administration Committee Meeting held July 17, 2019 D. Minutes of the Steering Committee Meeting held July 24, 2019 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. OCSD 18-12 ADDITIONAL INFORMATION The minutes of the Committee meeting are approved at their respective Committees and brought forth to the Board of Directors for receive and file only. ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Minutes of the Monthly Committee Meetings Orange County Sanitation District Page 1 of 1 Printed on 9/19/2019 powered by LegistarTM MINUTES OF THE LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Orange County Sanitation District Monday, July 8, 2019 at 3:30 p.m. A meeting of the Legislative and Public Affairs Committee was called to order by Committee Chair Peter Kim on Monday, July 8, 2019 at 3:31 p.m. in the Administration Building of the Orange County Sanitation District. Chair Kim led the pledge of allegiance. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Peter Kim, Chair Jim Herberg, General Manager Allan Bernstein, Vice-Chair Robert Thompson, Assistant General Manager Lucille Kring, Member-At-Large Lorenzo Tyner, Assistant General Manager Erik Peterson, Member-At-Large Celia Chandler, Director of Human Resources Christina Shea, Member-At-Large Kathy Millea, Director of Engineering David Shawver, Board Chair Lan Wiborg, Director of Environmental Services John Withers, Board Vice-Chair Kelly Lore, Clerk of the Board Tanya Chong COMMITTEE MEMBERS ABSENT: Daisy Covarrubias Lisa Frigo Rebecca Long Joshua Martinez Kelly Newell OTHERS PRESENT: Brad Hogin, General Counsel David French, ENS Resources (via teleconference) Eric O'Donnell, Townsend Public Affairs (TPA) Cori Williams, Townsend Public Affairs (TPA) PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Chair Kim thanked ENS Resources and OCSD staff for organizing the recent trip to Washington DC. REPORT OF GENERAL MANAGER: None. 07/08/2019 Legislative and Public Affairs Committee Minutes Page 1 of 3 CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, and DULY CARRIED TO: Approve minutes for the Committee meeting held on June 10, 2019. Bernstein, Kim, Kring, Peterson, Shawver, Shea, and AYES: Withers NOES: None ABSTENTIONS: None ABSENT: None NON-CONSENT: 2. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF JUNE 2019 (Jim Herberg) David French, ENS Resources, provided a PowerPoint presentation and a brief overview of the federal monthly report which included: infrastructure House reauthorization, permit term legislation H.R. 1764, and PFAS/PFOA National Defense Authorization Act update. In response to a question from Board Chairman Shawver, Mr. French responded that many environmental groups are the reason for opposition to HR. 1764 in regard to the 10-year permit term. Mr. Herberg also mentioned that OCSD met with the EPA during the recent DC visit and has submitted a letter to the EPA with comments and observations on the EPA's "Discussion Framework for Development of Draft Water Reuse Action Plan." Eric O'Donnell, TPA, provided a PowerPoint presentation that included: information on the current legislative schedule and deadlines; FY 2019-2020 budget; water tax update; safe drinking water proposal; SB 200 (Monning) — drinking water; cap and trade expenditure plan; and 2019 legislation. In response to a question from Director Kring, Mr. O'Donnell also briefly discussed the lack of legislation regarding water storage. Committee Chair Kim deemed the Legislative Affairs Update for the month of June 2019 received and filed. 3. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF JUNE 2019 (Jim Herberg) Rebecca Long, Senior Public Affairs Specialist, reminded the Committee of the upcoming Centrifuge Ribbon Cutting VIP event and the Open House on July 27 and announced a save the date for the State of the District on October 25. Ms. Long then provided a brief update on the application for the WIIN grant and reviewed outreach efforts made and meetings attended over the last month. 07/08/2019 Legislative and Public Affairs Committee Minutes Page 2 of 3 Director Kring thanked OCSD staff for their outreach efforts at the City of Anaheim's recent OC Green Expo. Committee Chair Kim deemed the Public Affairs Update for the month of June 2019 received and filed. INFORMATION ITEMS: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Committee Chair Kim declared the meeting adjourned at 3.57 p.m. to the next Legislative and Public Affairs Committee meeting, Monday, September 9, 2019 at 12.00 p.m. Submitted by-. r Kelly A. Lore, MMC Clerk of the Board 07/08/2019 Legislative and Public Affairs Committee Minutes Page 3 of 3 MINUTES OF THE SPECIAL OPERATIONS COMMITTEE MEETING Orange County Sanitation District Wednesday, July 10, 2019, 5:00 p.m. A Special meeting of the Operations Committee was called to order by Committee Chair Bob Collacott on Wednesday, July 10, 2019 at 5:01 p.m. in the Administration Building. Director Jesus Silva led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Robert Collacott, Chair Jim Herberg, General Manager Mariellen Yarc, Vice-Chair Rob Thompson, Assistant General Manager Brad Avery Lorenzo Tyner, Assistant General Manager Allan Bernstein Celia Chandler, Director of Human Resources Doug Chaffee Kathy Millea, Director of Engineering Phil Hawkins Lan Wiborg, Director of Environmental Services Steve Jones Kelly Lore, Clerk of the Board Lucille Kring Megan Carlson Sandra Massa-Lavitt Ron Coss Tim Shaw Jacob Dalgoff Jesus J. Silva Mike Dorman Fred Smith Dean Fisher David Shawver, Board Chair Lisa Frigo John Withers, Board Vice-Chair Ted Gerber Mark Kawamoto COMMITTEE MEMBERS ABSENT: Annie Larkin None Cory Mayne Tom Meregillano Jeff Mohr Adam Nazaroff Valerie Ratto Don Stokes Eros Yong OTHERS PRESENT: Brad Hogin, General Counsel Austin Mejia (Supervisor Chaffee's office) PUBLIC COMMENTS: None. Clerk of the Board Kelly Lore announced that late communication was received regarding Item No. 4 and Item No. 5 which was provided in hard copy to the Directors and made available to the public. 07/10/2019 Operations Committee SPECIAL MEETING Minutes Page 1 of 7 REPORT OF GENERAL MANAGER: General Manager Jim Herberg reminded the Committee about OCSD's upcoming 65tn Anniversary Open House & Centrifuge Ribbon Cutting VIP event on Saturday, July 27 from 9:00 a.m. to 12:00 p.m. REPORT OF COMMITTEE CHAIR: Chair Collacott did not provide a report. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular meeting of the Operations Committee held on June 5, 2019. AYES: Avery, Bernstein, Chaffee, Collacott, Hawkins, S. Jones, Kring, Massa-Lavitt, Shaw, Shawver, Silva, F. Smith, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: None 2. PLANT NO. 2 TRICKLING FILTER INFLUENT (FEED) PUMP REPAIRS (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Sole Source Purchase Order to Vaughan's Industrial Repair Co., Inc for the repair and reinstallation of six influent pumps at the Plant No. 2 Trickling Filter Pump Station, for a total amount not to exceed $631,010-1 and B. Approve a contingency of$126,202 (20%). AYES: Avery, Bernstein, Chaffee, Collacott, Hawkins, S. Jones, Kring, Massa-Lavitt, Shaw, Shawver, Silva, F. Smith, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: None 07/10/2019 Operations Committee SPECIAL MEETING Minutes Page 2 of 7 3. RENEWAL AGREEMENT FOR LIQUID OXYGEN PURCHASE AND ASSOCIATED VAPORIZATION SYSTEM MAINTENANCE SPECIFICATION NO. C-2018-926BD (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve Amendment No. 1 for a unit price increase of $0.0535 per centum cubic feet (22.8%) to the chemical supplier agreement with Airgas USA, LLC for the purchase of liquid oxygen, Specification No. C-2018-926BD, for the period beginning August 21, 2019 through August 20, 2020 for a unit price of $0.288 per centum cubic feet delivered, plus applicable sales tax, for a total estimated annual amount of $496,512; and B. Authorize unit price adjustment of up to 15% annually using mutually acceptable price indices for subsequent agreement renewal periods. AYES: Avery, Bernstein, Chaffee, Collacott, Hawkins, S. Jones, Kring, Massa-Lavitt, Shaw, Shawver, Silva, F. Smith, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: None 4. HEADWORKS REHABILITATION AND EXPANSION AT PLANT NO. 1, PROJECT NO. P1-105 (Kathy Millea) MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Consider, receive, and file the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105, prepared by Carollo and Environmental Science Associates; and B. Adopt Resolution No. OCSD 19-XX, entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District adopting the Mitigated Negative Declaration for the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105, adopting a Mitigation Monitoring and Reporting Program, and approving the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105." AYES: Avery, Bernstein, Chaffee, Collacott, Hawkins, S. Jones, Kring, Massa-Lavitt, Shaw, Shawver, Silva, F. Smith, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: None 07/10/2019 Operations Committee SPECIAL MEETING Minutes Page 3 of 7 NON-CONSENT: 5. PLANT NO. 2 TRUCKLOADING AUGER REPLACEMENT (Rob Thompson) Assistant General Manager Rob Thompson provided a brief description of the item and the need for the procurement. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Sole Source Purchase Order to Putzmeister for the procurement of up to 12 replacement Putzmeister augers along with their associated mounting components including gear motor assembly for the Plant No. 2 truckloading facility, for a total amount not to exceed $663,359; B. Approve payment of $198,008 (30%) of the not-to-exceed amount at the time of order; and C. Approve a contingency of $132,672 (20%). AYES: Avery, Bernstein, Chaffee, Collacott, Hawkins, S. Jones, Kring, Massa-Lavitt, Shaw, Shawver, Silva, F. Smith, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: None 6. SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 2, PROJECT NO. P2-92 (Kathy Millea) Director of Engineering Kathy Millea introduced Engineering Manager Dean Fisher who provided a PowerPoint presentation which included: project scope, objectives, and current status; lead and asbestos abatement; and contingency status Mr. Fisher responded to questions regarding the contingency costs. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve a contingency increase of$498,500 (1%) to the construction contract with Shimmick Construction Company, Inc. for Sludge Dewatering and Odor Control at Plant No. 2, Project No. P2-92, for a total contingency of $2,991,000 (6%). AYES: Avery, Bernstein, Chaffee, Collacott, Hawkins, S. Jones, Kring, Massa-Lavitt, Shaw, Shawver, Silva, F. Smith, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: None 07/10/2019 Operations Committee SPECIAL MEETING Minutes Page 4 of 7 7. SLUDGE DEWATERING AND ODOR CONTROL AT PLANT NO. 1, PROJECT NO. P1-101 (Kathy Millea) Ms. Millea introduced Engineering Manager Jeff Mohr who provided a PowerPoint presentation which included: project objectives, scope, and status; project challenges; consultant costs; troubleshooting; and the current contingency status. In response to a question from Board Chair Shawver, Mr. Thompson described the contingency process and the percentages requested. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve a contingency increase of$357,000 (5%) to the Professional Consultant Services Agreement with HDR Engineering, Inc. to provide construction support services for Sludge Dewatering and Odor Control at Plant No. 1, Project No. P1-101, for a total contingency amount of $2,499,000 (35%). AYES: Avery, Bernstein, Chaffee, Collacott, Hawkins, S. Jones, Kring, Massa-Lavitt, Shaw, Shawver, Silva, F. Smith, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: None 8. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT ACTIVATED SLUDGE PLANT NO. 1, PROJECT NO. P1-129 (Kathy Millea) Engineering Manager Jeff Mohr provided a PowerPoint presentation which included: a brief overview of the RAS piping replacement and the construction challenges necessitating the budget increase. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a budget increase of $1,300,000 for Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1, Project No. P1-129, for a total budget of $10,300,000; B. Approve a Professional Construction Services Agreement with AECOM Technical Services, Inc. to provide construction support services for Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1, Project No. P1-129, for a total amount not to exceed $140,000; and C. Approve a contingency related to the Professional Construction Services Agreement of $14,000 (10%). AYES: Avery, Bernstein, Chaffee, Collacott, Hawkins, S. Jones, Kring, Massa-Lavitt, Shaw, Shawver, Silva, F. Smith, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: None 07/10/2019 Operations Committee SPECIAL MEETING Minutes Page 5 of 7 INFORMATION ITEMS: 9. ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL SERVICES LABORATORY AND OCEAN MONITORING UP-DATE (Lan Wiborg) Each month, staff provides an informational presentation on topics of interest to the Board of Directors. This month's topic: Orange County Sanitation District Environmental Services Laboratory, Monitoring, and Compliance Division (LMC): Protecting Public Health and the Environment. Ron Coss, Environmental Lab & Ocean Monitoring Manager, provided an informative PowerPoint presentation that reviewed the structure of the Environmental Services Department, environmental monitoring done by the Sanitation District, laboratory functions and instruments, accreditation, 2018-19 Orange County beach report card, future endeavors, projects, and partners. Mr. Coss announced an upcoming Nerissa Rig Fishing Cruise would be available on July 29 and July 30 and indicated that if there was interest in attending to please contact the Clerk of the Board. 10. INTERIM FOOD WASTE RECEIVING FACILITY, PROJECT NO. P2-124 (Kathy Millea) Staff presented information regarding proposed Interim Food Waste Receiving Facility, Project No. P2-124, which included a project viability review that verified that the project is economically justifiable based on project costs and anticipated tipping fees. Ms. Millea provided background information on this item and introduced Jacob Dalgoff, Senior Engineer, who provided a PowerPoint presentation that included information regarding the project, digester feed detail, layout, project viability, market conditions, and schedule. Board Chair Shawver expressed interest in revisiting tonnage fees, the pay-back period, recouping capital costs, and finding an end-market. DEPARTMENT HEAD REPORTS: Ms. Millea provided information on the Tesla battery project, describing the equipment and noting that this is the largest battery project in the United States. The Board inquired on having a tour of this project. CLOSED SESSION: None. 07/10/2019 Operations Committee SPECIAL MEETING Minutes Page 6 of 7 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT Chair Collacott declared the meeting adjourned at 6:14 p.m. to the meeting to be held on Wednesday, September 4, 2019 at 5:00 p.m. S ubmitted by, re, MMC t e Board 07/10/2019 Operations Committee SPECIAL MEETING Minutes Page 7 of 7 MINUTES OF THE ADMINISTRATION COMMITTEE Orange County Sanitation District Wednesday, July 17, 2019 at 5:00 P.M. A regular meeting of the Administration Committee of the Orange County Sanitation District was called to order by Committee Chairman Chad Wanke on July 17, 2019 at 5:04 p.m. in the Administration Building of the Orange County Sanitation District. Director Glenn Parker led the Flag Salute. A quorum was declared present as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Chad Wanke, Chairman Jim Herberg, General Manager Richard Murphy, Vice-Chairman Rob Thompson, Assistant General Manager James Ferryman Lorenzo Tyner, Assistant General Manager Cecilia Iglesias Celia Chandler, Director of Human Resources Peter Kim Kathy Millea, Director of Engineering Mark Murphy Tina Knapp, Assistant Clerk of the Board Steve Nagel Janine Aguilar Andrew Nguyen Jeff Armstrong Glenn Parker Stephanie Barron Erik Peterson Jennifer Cabral Christina Shea Megan Carlson David Shawver, Board Chairman Sam Choi John Withers, Board Vice-Chairman Ron Coss Jacob Dalgoff COMMITTEE MEMBERS ABSENT: Rhea de Guzman None. Lisa Frigo Laura Maravilla Josh Martinez Cory Mayne Tom Meregillano Jeff Mohr Wally Ritchie Annalisa Saqui OTHERS PRESENT: Brad Hogin, General Counsel Karen Delaney, Alliant PUBLIC COMMENTS: None. 07/17/2019 Administration Committee Minutes Page 1 of 4 REPORTS: Chair Wanke expressed appreciation to Vice-Chairman Richard Murphy for facilitating the Committee meeting while he was on vacation. General Manager Jim Herberg reminded the Committee about OCSD's 65th Anniversary Open House & Centrifuge Ribbon Cutting VIP event on Saturday, July 27 from 9:00 am-noon. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the June 12, 2019 Administration Committee Meeting. AYES: Ferryman, Iglesias, Kim, M. Murphy, R. Murphy, Nagel, Nguyen, Parker, Peterson, Shawver, Shea, Wanke and Withers NOES: None ABSTENTIONS: None ABSENT: None 2. LABORATORY SERVICES FOR CONTINGENCY TESTING AND SPECIAL PROJECTS (Lan Wiborg) MOVED, SECONDED, AND DULY CARRIED TO: Approve a purchase order contract to Weck Laboratories, Inc. to provide special project support testing services in an amount not to exceed $110,430 for the period of July 1, 2019 to June 30, 2020. AYES: Ferryman, Iglesias, Kim, M. Murphy, R. Murphy, Nagel, Nguyen, Parker, Peterson, Shawver, Shea, Wanke and Withers NOES: None ABSTENTIONS: None ABSENT: None NON-CONSENT: 3. 2020 BENEFITS INSURANCE RENEWAL (Celia Chandler) Director of Human Resources Celia Chandler provided an overview of this item. Board Vice-Chair John Withers inquired as to the intent of the 5% contingency requested and asked staff to report to the Committee as to the use of the contingency in a timeframe to be determined by staff. MOVED. SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve the Orange County Sanitation District 2020 Benefits Insurance Renewal for the overall not-to-exceed amount of $13,137,895; and a 07/17/2019 Administration Committee Minutes Page 2 of 4 one-time adjustment to 2019 Health & Welfare Insurance purchase order for the not-to-exceed (NTE) amount of$230,000, as specified below: A. WORKTERRA (medical, dental, and vision plans; Health Savings Accounts [HSA]; and Employee Assistance Program [EAP]) — Not to Exceed $12,377,584; B. Prudential (basic life, short- and long-term disability) — Not to Exceed $730,311; C. The Standard (EMT & Manager disability) — Not to Exceed $30,000; and D. Approve a contingency of$656,895 (5%). E. For the 2019 Plan Year, approve a one-time reallocation from the 2019 operating budget in the amount of$230,000 to be transferred to group health insurance benefits, resulting in a change in the total cost approved by the Board, from $12,894,770 to $13,124,770. The reallocation would not result in an increase to the overall 2019 budget. AYES: Ferryman, Iglesias, Kim, M. Murphy, R. Murphy, Nagel, Nguyen, Parker, Peterson, Shawver, Shea,Wanke and Withers NOES: None ABSTENTIONS: None ABSENT: None INFORMATION ITEMS: 4. ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL SERVICES LABORATORY AND OCEAN MONITORING UP-DATE (Lan Wiborg) Each month, staff provides an informational presentation on topics of interest to the Board of Directors. This month's topic: Orange County Sanitation District Environmental Services Laboratory, Monitoring, and Compliance Division (LMC): Protecting Public Health and the Environment. Ron Coss, Environmental Lab & Ocean Monitoring Manager, provided a PowerPoint presentation that reviewed the structure of the Environmental Services Department, environmental monitoring done by the Sanitation District, laboratory functions and instruments, accreditation, 2018-19 Orange County beach report card, future endeavors, projects, and partners. Board Chair Dave Shawver reminded the Committee about the upcoming Nerissa Rig Fishing Cruise dates and indicated that information about the cruise is in the blue folders. 5. INTERIM FOOD WASTE RECEIVING FACILITY, PROJECT NO. P2-124 (Kathy Millea) Kathy Millea, Director of Engineering, provided background information on this item and introduced Jacob Dalgoff, Senior Engineer, who provided a PowerPoint 07/17/2019 Administration Committee Minutes Page 3 of 4 presentation that included information regarding the project, digester feed detail, layout, project viability, market conditions, and schedule. Board Chair Shawver expressed interest in revisiting tonnage fees, the pay-back period, thoroughly exploring inflow commitments, recouping capital costs, and finding an end-market. Committee Chair Wanke feels that the Committee should consider two policy issues: cost recovery and consideration of additional fees for flow frorn outside of our service area. Ms. Millea indicated that policy considerations will be forthcoming within the next year. Mr. Herberg indicated that discussions will be had as to how these policy matters will be presented to the Board of Directors and the various Committees. Director Parker indicated that this project will also have an impact on the business community, which should be considered in addition to policy matters. DEPARTMENT HEAD REPORTS: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: Chair Wanke declared the meeting adjourned at 5.52 p.m. to the Regular meeting to be held on Wednesday, September 11, 2019 at 5:00 p.m. Submitted by: T(4,L ((it s Tina Knapp, MMC Assistant Clerk of the Board 07/17/2019 Administration Committee Minutes Page 4 of 4 MINUTES OF THE STEERING COMMITTEE Orange County Sanitation District Wednesday, July 24, 2019 at 5:00 p.m. A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman David Shawver on Wednesday, July 24, 2019 at 5:00 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: David Shawver, Board Chair Jim Herberg, General Manager John Withers, Board Vice-Chair Rob Thompson, Assistant General Robert Collacott, Operations Committee Manager Chair Lorenzo Tyner, Assistant General Peter Kim, LaPA Committee Chair Manager Chad Wanke, Administration Committee Celia Chandler, Director of Human Chair Resources Glenn Parker, Member-At-Large Kathy Millea, Director of Engineering Tim Shaw, Member-At-Large Lan Wiborg, Director of Environmental Services COMMITTEE MEMBERS ABSENT: Kelly Lore, Clerk of the Board None. Stephanie Barron Megan Carlson Thys DeVries Mike Dorman Dean Fisher Tom Grant Chris Johnson Lori Klinger Tina Knapp Rebecca Long Laura Maravilla Joshua Martinez Andrew Nau Adam Nazaroff Wally Ritchie Ruth Zintzun OTHERS PRESENT: Brad Hogin, General Counsel Laura Kalty, Liebert Cassidy Whitmore, Special Counsel 07/24/2019 Steering Committee Minutes Page 1 of 5 PUBLIC COMMENTS: Clerk of the Board Kelly Lore stated that correspondence had been received from the General Manager which was distributed to the Board of Directors. REPORTS: Chair Shawver did not provide a report. General Manager Jim Herberg did not provide a report. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Special Meeting of the Steering Committee held June 26, 2019. AYES: Collacott, Kim, Parker, Shaw, Shawver, and Wanke NOES: None ABSTENTIONS: None ABSENT: Withers Board Vice-Chair Withers arrived at the meeting at 5:02 p.m. NON-CONSENT ITEMS: General Counsel Brad Hogin stated a recusal on Item Nos. 2 and 3 due to a conflict of interest with the County of Orange and left the room during the discussion. 2. RIGHT OF ENTRY AGREEMENT (Lorenzo Tyner) Assistant General Manager Lorenzo Tyner provided a brief overview of the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Right of Entry Agreement for Orange County Transportation Authority, and its authorized agents, to enter upon Orange County Sanitation District's property located on the north side of Westminster Boulevard, East of Springdale Street, in Westminster, CA adjacent to the Interstate 405 Freeway for temporary use in connection with its project to widen the Interstate 405 Freeway for a term of four (4) years from the 30-day notice prior to the beginning of construction, in a form approved by Special Counsel; and B. Direct the Clerk of the Board to record the Agreement with the Orange County Clerk-Recorder. 09/28/2016 Steering Committee Minutes Page 2 of 5 AYES: Collacott, Kim, Parker, Shaw, Shawver, Wanke and Withers NOES: None ABSTENTIONS: None ABSENT: None 3. FIRST AMENDMENT TO 800 MHZ LEASE (Lorenzo Tyner) Assistant General Manager Lorenzo Tyner provided a brief overview of the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve the First Amendment to the 800 MHz Lease Agreement with the County of Orange with the following modifications, in a form approved by Special Counsel: • Term of Lease shall expire May 4, 2023; with an optional one (1) additional five-year period • Increase the annual lease rate from $0.42 per square foot to $0.52 per square foot • Decrease the site footprint from 10,000 square feet to 4,784 square feet before December 31, 2019. AYES: Collacott, Kim, Parker, Shaw, Shawver, Wanke and Withers NOES: None ABSTENTIONS: None ABSENT: None 4. COOPERATIVE AGREEMENT FOR INTEGRATED REGIONAL WATER MANAGEMENT FUNDING IN THE SANTA ANA FUNDING AREA (Lan Wiborg) Director of Environmental Services Lan Wiborg provided a brief overview of the history of the item and its purpose. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve a Cooperative Agreement among the County of Orange, Orange County Sanitation District, Orange County Water District (collectively referred to as Orange County Parties), and the Santa Ana Watershed Project Authority (SAWPA), a joint powers authority, for the Orange County Parties agreeing to remain a part of the Santa Ana Funding Area covered by the One Water One Watershed Plan for a period of ten (10) years, from date of execution. AYES: Collacott, Kim, Parker, Shaw, Shawver, Wanke and Withers NOES: None 07/24/2019 Steering Committee Minutes Page 3 of 5 ABSTENTIONS: None ABSENT: None 5. STRATEGIC PLAN SURVEY RESULTS (Rob Thompson) Assistant General Manager Rob Thompson provided a brief overview of the item noting that there were eight responses from the Board of Directors which were provided to the Committee. He stated that staff will proceed with creating position papers and will bring those to the Board of Directors meetings in August and September, with a Special Strategic Plan Workshop in September as well. MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the strategic plan survey results from the Board of Directors in June 2019. AYES: Collacott, Kim, Parker, Shaw, Shawver, Wanke and Withers NOES: None ABSTENTIONS: None ABSENT: None INFORMATION ITEMS: 6. UPDATE ON THE HEADQUARTERS COMPLEX AND SITE SECURITY AT PLANT NO. 1, PROJECT NO. P1-128 (Kathy Millea) Ms. Millea presented a brief update on the recently submitted design package, with renderings, project budget, and the project schedule. She stated that staff is working closely to accelerate the proposed schedule. The committee expressed concerns regarding maintenance of the building, security of the Boardroom with the exposed glass window, and traffic control during construction. CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54957(b)(1), 54957.6 & 54956.9(d)(4): The Board convened in closed session at 5:21 p.m. to discuss three items. Confidential minutes of the Closed Sessions have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 6:01 p.m. 07/24/2019 Steering Committee Minutes Page 4 of 5 CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Shawver declared the meeting adjourned at 6:02 p.m. to the next Steering Committee meeting to be held on Wednesday, August 28, 2019 at 5:00 p.m. Sub itted by: Kell A. L e, WC Cle k of t e Board 07/24/2019 Steering Committee Minutes Page 5 of 5 oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 BOARD OF DIRECTORS (714)593 7433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-577 Agenda Date: 9/25/2019 Agenda Item No: 3. FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF AUGUST 2019 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the following: Report of the Investment Transactions for the month of August 2019. BACKGROUND The CA Government Code requires that a monthly report of investment transactions be provided to the legislative body. Attached is the monthly report of investment transactions for the month ended August 31, 2019. RELEVANT STANDARDS • CA Government Code Section 53607 PRIOR COMMITTEE/BOARD ACTIONS N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Report of the Investment Transactions for the Month of August 2019 Orange County Sanitation District Page 1 of 1 Printed on 9/19/2019 powered by LegistarTM U.S. Bank Transaction History August 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss ACQUISITIONS 08/02/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 13,196.2900 1.000000 -13,196.29 13,196.29 0.00 08/02/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 29,177.6400 1.000000 -29,177.64 29,177.64 0.00 08/05/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 61,458.3400 1.000000 -61,458.34 61,458.34 0.00 08/06/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 85,050.0000 1.000000 -85,050.00 85,050.00 0.00 08/07/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 32,500.0000 1.000000 -32,500.00 32,500.00 0.00 08/08/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 23,598.7500 1.000000 -23,598.75 23,598.75 0.00 08/09/2019 06051GFN4 PURCHASED PAR VALUE OF BANK OF AMERICA MTN 2.250% 4/21/20/MORGAN 2,000,000.0000 1.000980 -2,001,960.00 2,001,960.00 0.00 STANLEY&CO. LLC/2,000,000 PAR VALUE AT 100.098% 08/09/2019 747525AD5 PURCHASED PAR VALUE OF QUALCOMM INC 2.250% 5/20/20/BARCLAYS 2,000,000.0000 1.001350 -2,002,700.00 2,002,700.00 0.00 CAPITAL INC.FIXED IN/2,000,000 PAR VALUE AT 100.135% 08/12/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 6,498.0000 1.000000 -6,498.00 6,498.00 0.00 08/12/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 1,083,000.0000 1.000000 -1,083,000.00 1,083,000.00 0.00 08/14/2019 3133EKWV4 PURCHASED PAR VALUE OF F F C B DEB 1.850% 7/26/24/J.P.MORGAN 5,000,000.0000 1.009656 -5,048,280.00 5,048,280.00 0.00 SECURITIES LLC/5,000,000 PAR VALUE AT 100.9656% 08/15/2019 369550BA5 PURCHASED PAR VALUE OF GENERAL DYNAMICS 2.875% 5/11/20/PERSHING 2,000,000.0000 1.005670 -2,011,340.00 2,011,340.00 0.00 LLC/2,000,000 PAR VALUE AT 100.567% 08/15/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 22,241.2500 1.000000 -22,241.25 22,241.25 0.00 08/15/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 3,462,512.3700 1.000000 -3,462,512.37 3,462,512.37 0.00 08/15/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 28,481.4000 1.000000 -28,481.40 28,481.40 0.00 08/16/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 89,062.5000 1.000000 -89,062.50 89,062.50 0.00 08/19/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 3,290,000.0000 1.000000 -3,290,000.00 3,290,000.00 0.00 08/19/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 11,522,306.1200 1.000000 -11,522,306.12 11,522,306.12 0.00 08/20/2019 62479MYK3 PURCHASED PAR VALUE OF MUFG BANK LTD NY BRAN C P 11/19/19/MUFG UNION 1,860,000.0000 0.994641 -1,850,032.47 1,850,032.47 0.00 BK NA/MMI/PIMS/IPA/1,860,000 PAR VALUE AT 99.46411129% 08/20/2019 62479MYK3 PURCHASED PAR VALUE OF MUFG BANK LTD NY BRAN C P 11/19/19/MUFG UNION 11,255,000.0000 0.994641 -11,194,685.71 11,194,685.71 0.00 BK NA/MMI/PIMS/IPA/11,255,000 PAR VALUE AT 99.46411115% 08/20/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 1,974.5400 1.000000 -1,974.54 1,974.54 0.00 08/21/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 9,759.5800 1.000000 -9,759.58 9,759.58 0.00 08/23/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 45,000.0000 1.000000 -45,000.00 45,000.00 0.00 08/26/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 16,125.0000 1.000000 -16,125.00 16,125.00 0.00 08/26/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 139,881.5700 1.000000 -139,881.57 139,881.57 0.00 08/27/2019 43815NABO PURCHASED PAR VALUE OF HONDA AUTO 1.900% 4/15/22/SG AMERICAS 3,530,000.0000 0.999930 -3,529,752.90 3,529,752.90 0.00 SECURITIES,LLC/3,530,000 PAR VALUE AT 99.993% 08/27/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 1,504,012.5000 1.000000 -1,504,012.50 1,504,012.50 0.00 08/27/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 2,005,350.0000 1.000000 -2,005,350.00 2,005,350.00 0.00 1 of 7 U.S. Bank Transaction History August 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss 08/28/2019 912796VW6 PURCHASED PAR VALUE OF U S TREASURY BILL 9/24/19/NOMURA 1,650,000.0000 0.998468 -1,647,472.41 1,647,472.41 0.00 SECURITIES INTERNATIONA/1,650,000 PAR VALUE AT 99.84681273% 08/28/2019 912796SL4 PURCHASED PAR VALUE OF U S TREASURY BILL 10/03/19/NOMURA 1,650,000.0000 0.997993 -1,646,687.63 1,646,687.63 0.00 SECURITIES INTERNATIONA/1,650,000 PAR VALUE AT 99.7992503% 08/28/2019 912828UL2 PURCHASED PAR VALUE OF U S TREASURY NT 1.375% 1/31/20/GOLDMAN SACHS 5,000,000.0000 0.997734 -4,988,671.88 4,988,671.88 0.00 &CO.LLC/5,000,000 PAR VALUE AT 99.7734376% TOTAL ACQUISITIONS 59,416,185.8500 -59,392,768.85 59,392,768.85 0.00 DISPOSITIONS 08/12/2019 69371RN36 MATURED PAR VALUE OF PACCAR FINANCIAL MTN 1.200% 8/12/19 1,083,000 PAR -1,083,000.0000 1.000000 1,083,000.00 -1,069,484.16 13,515.84 VALUE AT 100% 08/15/2019 02665WAH4 MATURED PAR VALUE OF AMERICAN HONDA MTN 2.250% 8/15/19 2,500,000 PAR -2,500,000.0000 1.000000 2,500,000.00 -2,531,985.00 -31,985.00 VALUE AT 100% 08/15/2019 3133TCE95 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 4.016% 8/15/32 -327.6500 0.000000 327.65 -327.99 -0.34 08/15/2019 31348SWZ3 PAID DOWN PAR VALUE OF F H L M C#786064 4.677% 1/01/28 JULY FHLMC DUE -17.5100 0.000000 17.51 -17.08 0.43 8/15/19 08/15/2019 47788BAD6 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 1.820% 10/15/21 -41,039.5800 10.101764 41,039.58 -41,036.58 3.00 08/15/2019 89238BAB8 PAID DOWN PAR VALUE OF TOYOTA AUTO 2.100%10/15/20 -369,146.5800 1.123056 369,146.58 -369,108.85 37.73 08/15/2019 47788CAB8 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 2.420% 10/15/20 -158,985.8800 2.607604 158,985.88 -158,662.94 322.94 08/15/2019 65478VAD9 PAID DOWN PAR VALUE OF NISSAN AUTO 1.320% 1/15/21 -87,902.0400 4.716297 87,902.04 -87,198.14 703.90 08/15/2019 47788NADO PAID DOWN PAR VALUE OF JOHN DEERE OWNER 1.490% 5/15/23 -42,667.9300 9.716248 42,667.93 -41,961.24 706.69 08/15/2019 65478GAD2 PAID DOWN PAR VALUE OF NISSAN AUTO 1.750%10/15/21 -202,815.7200 2.044083 202,815.72 -199,670.49 3,145.23 08/15/2019 02665WAH4 MATURED PAR VALUE OF AMERICAN HONDA MTN 2.250% 8/15/19 1,977,000 PAR -1,977,000.0000 1.000000 1,977,000.00 -1,972,709.91 4,290.09 VALUE AT 100% 08/19/2019 43814RACO PAID DOWN PAR VALUE OF HONDA AUTO 1.210% 12/18/20 -131,592.8900 0.000000 131,592.89 -130,148.45 1,444.44 08/19/2019 43814PAC4 PAID DOWN PAR VALUE OF HONDA AUTO 1.790% 9/20/21 -196,780.7500 0.000000 196,780.75 -193,659.93 3,120.82 08/20/2019 36225CC20 PAID DOWN PAR VALUE OF G N M A 1 I#080088 3.875% 6/20/27 JULY GNMA DUE -175.0500 0.000000 175.05 -178.88 -3.83 8/20/19 08/20/2019 36225CAZ9 PAID DOWN PAR VALUE OF G N M A 1 1#080023 4.125% 12/20/26 JULY GNMA DUE -159.4000 0.000000 159.40 -162.03 -2.63 8/20/19 08/20/2019 36225DCB8 PAID DOWN PAR VALUE OF G N M A 1 1#080965 3.750% 7/20/34 JULY GNMA DUE -225.8200 0.000000 225.82 -225.68 0.14 8/20/19 08/20/2019 36225CNM4 PAID DOWN PAR VALUE OF G N M A 1 1#080395 3.875% 4/20/30 JULY GNMA DUE -41.7300 0.000000 41.73 -41.35 0.38 8/20/19 08/20/2019 36225CN28 PAID DOWN PAR VALUE OF G N M A 1 1#080408 3.875% 5/20/30 JULY GNMA DUE -935.2900 0.000000 935.29 -925.79 9.50 8/20/19 08/26/2019 31398VJ98 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 4.251% 1/25/20 -34,844.9200 0.000000 34,844.92 -36,821.28 -1,976.36 08/26/2019 31394JY35 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 6.500% 9/25/43 -2,847.9200 0.000000 2,847.92 -3,225.27 -377.35 2 of 7 U.S. Bank Transaction History August 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss 08/26/2019 31406PQY8 PAID DOWN PAR VALUE OF F N M A#815971 5.000% 3/01/35 JULY FNMA DUE -3,829.3500 0.000000 3,829.35 -4,116.55 -287.20 8/25/19 08/26/2019 3141OF4V4 PAID DOWN PAR VALUE OF F N M A#888336 5.000% 7/01/36 JULY FNMA DUE -2,768.1900 0.000000 2,768.19 -2,975.80 -207.61 8/25/19 08/26/2019 31376KT22 PAID DOWN PAR VALUE OF F N M A#357969 5.000% 9/01/35 JULY FNMA DUE -2,305.8700 0.000000 2,305.87 -2,478.81 -172.94 8/25/19 08/26/2019 31403DJZ3 PAID DOWN PAR VALUE OF F N M A#745580 5.000% 6/01/36 JULY FNMA DUE -1,200.6000 0.000000 1,200.60 -1,290.64 -90.04 8/25/19 08/26/2019 31407BXH7 PAID DOWN PAR VALUE OF F N M A#826080 5.000% 7/01/35 JULY FNMA DUE -589.9700 0.000000 589.97 -634.22 -44.25 8/25/19 08/26/2019 31417YAY3 PAID DOWN PAR VALUE OF F N M A#MA0022 4.500% 4/01/29 JULY FNMA DUE -313.7600 0.000000 313.76 -331.83 -18.07 8/25/19 08/26/2019 3138EG6F6 PAID DOWN PAR VALUE OF F N M A#AL0869 4.500% 6/01/29 JULY FNMA DUE -237.8800 0.000000 237.88 -251.58 -13.70 8/25/19 08/26/2019 31371 NUC7 PAID DOWN PAR VALUE OF F N M A#257179 4.500% 4/01/28 JULY FNMA DUE -133.6400 0.000000 133.64 -141.34 -7.70 8/25/19 08/26/2019 31403GXF4 PAID DOWN PAR VALUE OF F N M A#748678 5.000% 10/01/33 JULY FNMA DUE -8.9000 0.000000 8.90 -9.57 -0.67 8/25/19 08/26/2019 31397QREO PAID DOWN PAR VALUE OF F N M A GTD REMIC 1.113% 2/25/41 -4,128.0900 0.000000 4,128.09 -4,126.80 1.29 08/26/2019 31406XWT5 PAID DOWN PAR VALUE OF F N M A#823358 4.722% 2/01/35 JULY FNMA DUE -443.0000 0.000000 443.00 -439.54 3.46 8/25/19 08/26/2019 31381PDA3 PAID DOWN PAR VALUE OF F N M A#466397 3.400% 11/01/20 JULY FNMA DUE -697.4800 0.000000 697.48 -682.39 15.09 8/25/19 08/26/2019 03215PFN4 PAID DOWN PAR VALUE OF AMRESCO 6.88883% 6/25/29 -5,170.7400 0.000000 5,170.74 -3,882.90 1,287.84 08/27/2019 46625HKA7 PURCHASE OFFER PAR VALUE OF JPMORGAN CHASE CO 2.250% 1/23/20 -2,000,000.0000 1.000550 2,001,100.00 -1,994,880.00 6,220.00 /TENDER/PURCHASE OFFER/TENDER OFFER PAID AT$1000.55 PER$1000 08/27/2019 46625HKA7 PURCHASE OFFER PAR VALUE OF JPMORGAN CHASE CO 2.250% 1/23/20 -1,500,000.0000 1.000550 1,500,825.00 -1,490,940.00 9,885.00 /TENDER/PURCHASE OFFER/TENDER OFFER PAID AT$1000.55 PER$1000 TOTAL DISPOSITIONS -10,352,334.1300 10,354,259.13 -10,344,733.01 9,526.12 OTHER TRANSACTIONS 08/01/2019 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE 0.0000 0.000000 13,196.29 0.00 0.00 7/31/2019 INTEREST FROM 7/1/19 TO 7/31/19 08/01/2019 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE 0.0000 0.000000 29,177.64 0.00 0.00 7/31/2019 INTEREST FROM 7/1/19 TO 7/31/19 08/05/2019 3135GOV34 INTEREST EARNED ON F N M A 2.500% 2/05/24$1 PV ON 5000000.0000 0.0000 0.000000 61,458.34 0.00 0.00 SHARES DUE 8/5/2019 08/06/2019 44932HAH6 INTEREST EARNED ON IBM CREDIT CORP 3.000% 2/06/23$1 PV ON 5670000.0000 0.0000 0.000000 85,050.00 0.00 0.00 SHARES DUE 8/6/2019 3 of 7 U.S. Bank Transaction History August 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss 08/07/2019 06406RAA5 INTEREST EARNED ON BANK OF NY MTN 2.600% 2/07/22$1 PV ON 2500000.0000 0.0000 0.000000 32,500.00 0.00 0.00 SHARES DUE 8/7/2019 08/08/2019 594918BP8 INTEREST EARNED ON MICROSOFT CORP 1.550% 8/08/21 $1 PV ON 3045000.0000 0.0000 0.000000 23,598.75 0.00 0.00 SHARES DUE 8/8/2019 08/09/2019 06051 GFN4 PAID ACCRUED INTEREST ON PURCHASE OF BANK OF AMERICA MTN 2.250% 0.0000 0.000000 -13,500.00 0.00 0.00 4/21/20 08/09/2019 747525AD5 PAID ACCRUED INTEREST ON PURCHASE OF QUALCOMM INC 2.250% 5/20/20 0.0000 0.000000 -9,875.00 0.00 0.00 08/09/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -4,028,035.0000 1.000000 4,028,035.00 -4,028,035.00 0.00 08/12/2019 69371 RN36 INTEREST EARNED ON PACCAR FINANCIAL MTN 1.200% 8/12/19$1 PV ON 0.0000 0.000000 6,498.00 0.00 0.00 1083000.0000 SHARES DUE 8/12/2019 INTEREST ON 8/12/19 MATURITY 08/13/2019 912828WUO BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 1768.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 08/13/2019 912828WUO FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 1768.00 UNITS 0.0000 0.000000 0.00 1,768.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 08/13/2019 912828WUO PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 1768.0000 UNITS 1,768.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 08/13/2019 912828WUO STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 1768.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 08/14/2019 3133EKWV4 PAID ACCRUED INTEREST ON PURCHASE OF F F C B DEB 1.850% 7/26/24 0.0000 0.000000 -4,625.00 0.00 0.00 08/14/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -5,052,905.0000 1.000000 5,052,905.00 -5,052,905.00 0.00 08/15/2019 02587AAJ3 INTEREST EARNED ON AMERICAN EXPRESS 1.930% 9/15/22$1 PV ON 10084.2400 0.0000 0.000000 10,084.24 0.00 0.00 SHARES DUE 8/15/2019$0.00161/PV ON 6,270,000.00 PV DUE 8/15/19 08/15/2019 02665WAH4 INTEREST EARNED ON AMERICAN HONDA MTN 2.250% 8/15/19$1 PV ON 0.0000 0.000000 22,241.25 0.00 0.00 1977000.0000 SHARES DUE 8/15/2019 INTEREST ON 8/15/19 MATURITY 08/15/2019 02665WAH4 INTEREST EARNED ON AMERICAN HONDA MTN 2.250% 8/15/19$1 PV ON 0.0000 0.000000 28,125.00 0.00 0.00 2500000.0000 SHARES DUE 8/15/2019 INTEREST ON 8/15/19 MATURITY 08/15/2019 31348SWZ3 INTEREST EARNED ON F H L M C#786064 4.677% 1/01/28$1 PV ON 7.3000 SHARES 0.0000 0.000000 7.30 0.00 0.00 DUE 8/15/2019 JUNE FHLMC DUE 8/15/19 08/15/2019 3133TCE95 INTEREST EARNED ON F H L M C MLTCL MTG 4.016% 8/15/32$1 PV ON 28.7500 0.0000 0.000000 28.75 0.00 0.00 SHARES DUE 8/15/2019$0.00335/PV ON 8,682.30 PV DUE 8/15/19 08/15/2019 47788NADO INTEREST EARNED ON JOHN DEERE OWNER 1.490% 5/15/23$1 PV ON 1429.1600 0.0000 0.000000 1,429.16 0.00 0.00 SHARES DUE 8/15/2019$0.00124/PV ON 1,151,000.00 PV DUE 8/15/19 08/15/2019 47788BAD6 INTEREST EARNED ON JOHN DEERE OWNER 1.820% 10/15/21 $1 PV ON 782.1200 0.0000 0.000000 782.12 0.00 0.00 SHARES DUE 8/15/2019$0.00152/PV ON 515,683.75 PV DUE 8/15/19 08/15/2019 47788CAB8 INTEREST EARNED ON JOHN DEERE OWNER 2.420% 10/15/20$1 PV ON 952.7400 0.0000 0.000000 952.74 0.00 0.00 SHARES DUE 8/15/2019$0.00202/PV ON 472,434.77 PV DUE 8/15/19 08/15/2019 47788CAC6 INTEREST EARNED ON JOHN DEERE OWNER 2.660% 4/18/22$1 PV ON 2970.3300 0.0000 0.000000 2,970.33 0.00 0.00 SHARES DUE 8/15/2019$0.00222/PV ON 1,340,000.00 PV DUE 8/15/19 4 of 7 U.S. Bank Transaction History August 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss 08/15/2019 47789JAB2 INTEREST EARNED ON JOHN DEERE OWNER 2.850% 12/15/21 $1 PV ON 7754.3800 0.0000 0.000000 7,754.38 0.00 0.00 SHARES DUE 8/15/2019$0.00238/PV ON 3,265,000.00 PV DUE 8/15/19 08/15/2019 47788EAC2 INTEREST EARNED ON JOHN DEERE OWNER 3.080% 11/15/22$1 PV ON 11883.6700 0.0000 0.000000 11,883.67 0.00 0.00 SHARES DUE 8/15/2019$0.00257/PV ON 4,630,000.00 PV DUE 8/15/19 08/15/2019 65478VAD9 INTEREST EARNED ON NISSAN AUTO 1.320% 1/15/21 $1 PV ON 460.3100 0.0000 0.000000 460.31 0.00 0.00 SHARES DUE 8/15/2019$0.00110/PV ON 418,464.94 PV DUE 8/15/19 08/15/2019 65478GAD2 INTEREST EARNED ON NISSAN AUTO 1.750% 10/15/21 $1 PV ON 3575.0800 0.0000 0.000000 3,575.08 0.00 0.00 SHARES DUE 8/15/2019$0.00146/PV ON 2,451,482.54 PV DUE 8/15/19 08/15/2019 65479GAD1 INTEREST EARNED ON NISSAN AUTO 3.060% 3/15/23$1 PV ON 9078.0000 0.0000 0.000000 9,078.00 0.00 0.00 SHARES DUE 8/15/2019$0.00255/PV ON 3,560,000.00 PV DUE 8/15/19 08/15/2019 89238BAB8 INTEREST EARNED ON TOYOTA AUTO 2.100% 10/15/20$1 PV ON 2434.4300 0.0000 0.000000 2,434.43 0.00 0.00 SHARES DUE 8/15/2019$0.00175/PV ON 1,391,106.63 PV DUE 8/15/19 08/15/2019 89239AAB9 INTEREST EARNED ON TOYOTA AUTO 2.830% 10/15/21 $1 PV ON 8525.3700 0.0000 0.000000 8,525.37 0.00 0.00 SHARES DUE 8/15/2019$0.00236/PV ON 3,615,000.00 PV DUE 8/15/19 08/15/2019 369550BA5 PAID ACCRUED INTEREST ON PURCHASE OF GENERAL DYNAMICS 2.875% 5/11/20 0.0000 0.000000 -15,013.89 0.00 0.00 08/15/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -49,353.8900 1.000000 49,353.89 -49,353.89 0.00 08/16/2019 3137EAEL9 INTEREST EARNED ON F H L M C M T N 2.375% 2/16/21 $1 PV ON 7500000.0000 0.0000 0.000000 89,062.50 0.00 0.00 SHARES DUE 8/16/2019 08/19/2019 3130A7CV5 INTEREST EARNED ON F H L B DEB 1.375% 2/18/21 $1 PV ON 5365000.0000 0.0000 0.000000 36,884.38 0.00 0.00 SHARES DUE 8/18/2019 08/19/2019 43814RACO INTEREST EARNED ON HONDA AUTO 1.210%12/18/20$1 PV ON 827.6200 0.0000 0.000000 827.62 0.00 0.00 SHARES DUE 8/18/2019$0.00101/PV ON 820,783.32 PV DUE 8/18/19 08/19/2019 43814PAC4 INTEREST EARNED ON HONDA AUTO 1.790% 9/20/21 $1 PV ON 3734.3500 0.0000 0.000000 3,734.35 0.00 0.00 SHARES DUE 8/18/2019$0.00149/PV ON 2,503,471.62 PV DUE 8/18/19 08/19/2019 43814WAB1 INTEREST EARNED ON HONDA AUTO 2.750% 9/20/21 $1 PV ON 10071.8800 0.0000 0.000000 10,071.88 0.00 0.00 SHARES DUE 8/18/2019$0.00229/PV ON 4,395,000.00 PV DUE 8/18/19 08/19/2019 43814UAG4 INTEREST EARNED ON HONDA AUTO 3.010% 5/18/22$1 PV ON 4289.2500 0.0000 0.000000 4,289.25 0.00 0.00 SHARES DUE 8/18/2019$0.00251/PV ON 1,710,000.00 PV DUE 8/18/19 08/19/2019 62479MVK6 INTEREST EARNED ON MUFG BANK LTD NY BRAN C P 8/19/19$1 PV ON 0.0000 0.000000 43,572.92 0.00 0.00 11125000.0000 SHARES DUE 8/19/2019 11,125,000 PAR VALUE AT 100% 08/19/2019 62479MVK6 INTEREST EARNED ON MUFG BANK LTD NY BRAN C P 8/19/19$1 PV ON 0.0000 0.000000 12,885.83 0.00 0.00 3290000.0000 SHARES DUE 8/19/2019 3,290,000 PAR VALUE AT 100% 08/19/2019 69353RFB9 INTEREST EARNED ON PNC BANK NA MTN 2.625% 2/17/22$1 PV ON 1000000.0000 0.0000 0.000000 13,125.00 0.00 0.00 SHARES DUE 8/17/2019 08/19/2019 62479MVK6 MATURED PAR VALUE OF MUFG BANK LTD NY BRAN C P 8/19/19 11,125,000 PAR -11,125,000.0000 1.000000 11,081,427.08 -11,081,427.08 0.00 VALUE AT 100% 08/19/2019 62479MVK6 MATURED PAR VALUE OF MUFG BANK LTD NY BRAN C P 8/19/19 3,290,000 PAR -3,290,000.0000 1.000000 3,277,114.17 -3,277,114.17 0.00 VALUE AT 100% 5 of 7 U.S. Bank Transaction History August 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss 08/20/2019 36225CAZ9 INTEREST EARNED ON G N M A 1 1#080023 4.125% 12/20/26$1 PV ON 53.8900 0.0000 0.000000 53.89 0.00 0.00 SHARES DUE 8/20/2019 JULY GNMA DUE 8/20/19 08/20/2019 36225CC20 INTEREST EARNED ON G N M A 1 1#080088 3.875% 6/20/27$1 PV ON 49.8700 SHARES 0.0000 0.000000 49.87 0.00 0.00 DUE 8/20/2019 JULY GNMA DUE 8/20/19 08/20/2019 36225CNM4 INTEREST EARNED ON G N M A 1 1#080395 3.875% 4/20/30$1 PV ON 21.5400 SHARES 0.0000 0.000000 21.54 0.00 0.00 DUE 8/20/2019 JULY GNMA DUE 8/20/19 08/20/2019 36225CN28 INTEREST EARNED ON G N M A 1 1#080408 3.875% 5/20/30$1 PV ON 167.9300 0.0000 0.000000 167.93 0.00 0.00 SHARES DUE 8/20/2019 JULY GNMA DUE 8/20/19 08/20/2019 36225DCB8 INTEREST EARNED ON G N M A 1 1#080965 3.750% 7/20/34$1 PV ON 144.0200 0.0000 0.000000 144.02 0.00 0.00 SHARES DUE 8/20/2019 JULY GNMA DUE 8/20/19 08/20/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -1,850,032.4700 1.000000 1,850,032.47 -1,850,032.47 0.00 08/20/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -11,194,685.7100 1.000000 11,194,685.71 -11,194,685.71 0.00 08/21/2019 43815HAC1 INTEREST EARNED ON HONDA AUTO 2.950% 8/22/22$1 PV ON 3970000.0000 0.0000 0.000000 9,759.58 0.00 0.00 SHARES DUE 8/21/2019 08/23/2019 037833BS8 INTEREST EARNED ON APPLE INC 2.250% 2/23/21 $1 PV ON 4000000.0000 0.0000 0.000000 45,000.00 0.00 0.00 SHARES DUE 8/23/2019 08/26/2019 03215PFN4 INTEREST EARNED ON AMRESCO 6.88883% 6/25/29$1 PV ON 742.2800 0.0000 0.000000 742.28 0.00 0.00 SHARES DUE 8/25/2019$0.00574/PV ON 129,300.99 PV DUE 8/25/19 08/26/2019 06406HCZO INTEREST EARNED ON BANK OF NY MELLO MTN 2.150% 2/24/20$1 PV ON 0.0000 0.000000 16,125.00 0.00 0.00 1500000.0000 SHARES DUE 8/24/2019 08/26/2019 31398VJ98 INTEREST EARNED ON F H L M C MLTCL MTG 4.251% 1/25/20$1 PV ON 2635.0800 0.0000 0.000000 2,635.08 0.00 0.00 SHARES DUE 8/25/2019$0.00354/PV ON 743,847.19 PV DUE 8/25/19 08/26/2019 31394JY35 INTEREST EARNED ON F H L M C MLTCL MTG 6.500% 9/25/43$1 PV ON 3799.1600 0.0000 0.000000 3,799.16 0.00 0.00 SHARES DUE 8/25/2019$0.00542/PV ON 701,383.79 PV DUE 8/25/19 08/26/2019 31371 NUC7 INTEREST EARNED ON F N M A#257179 4.500% 4/01/28$1 PV ON 56.2600 SHARES 0.0000 0.000000 56.26 0.00 0.00 DUE 8/25/2019 JULY FNMA DUE 8/25/19 08/26/2019 31376KT22 INTEREST EARNED ON F N M A#357969 5.000% 9/01/35$1 PV ON 427.9400 0.0000 0.000000 427.94 0.00 0.00 SHARES DUE 8/25/2019 JULY FNMA DUE 8/25/19 08/26/2019 31381 PDA3 INTEREST EARNED ON F N M A#466397 3.400%11/01/20$1 PV ON 991.8000 0.0000 0.000000 991.80 0.00 0.00 SHARES DUE 8/25/2019 JULY FNMA DUE 8/25/19 08/26/2019 31403DJZ3 INTEREST EARNED ON F N M A#745580 5.000% 6/01/36$1 PV ON 397.1000 0.0000 0.000000 397.10 0.00 0.00 SHARES DUE 8/25/2019 JULY FNMA DUE 8/25/19 08/26/2019 31403GXF4 INTEREST EARNED ON F N M A#748678 5.000%10/01/33$1 PV ON 7.5000 SHARES 0.0000 0.000000 7.50 0.00 0.00 DUE 8/25/2019 JULY FNMA DUE 8/25/19 08/26/2019 31406PQY8 INTEREST EARNED ON F N M A#815971 5.000% 3/01/35$1 PV ON 679.4400 0.0000 0.000000 679.44 0.00 0.00 SHARES DUE 8/25/2019 JULY FNMA DUE 8/25/19 08/26/2019 31406XWT5 INTEREST EARNED ON F N M A#823358 4.722% 2/01/35$1 PV ON 433.4500 0.0000 0.000000 433.45 0.00 0.00 SHARES DUE 8/25/2019 JULY FNMA DUE 8/25/19 6 of 7 U.S. Bank Transaction History August 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss 08/26/2019 31407BXH7 INTEREST EARNED ON F N M A#826080 5.000% 7/01/35$1 PV ON 81.5300 SHARES 0.0000 0.000000 81.53 0.00 0.00 DUE 8/25/2019 JULY FNMA DUE 8/25/19 08/26/2019 3141OF4V4 INTEREST EARNED ON F N M A#888336 5.000% 7/01/36$1 PV ON 778.5700 0.0000 0.000000 778.57 0.00 0.00 SHARES DUE 8/25/2019 JULY FNMA DUE 8/25/19 08/26/2019 3138EG6F6 INTEREST EARNED ON F N M A#AL0869 4.500% 6/01/29$1 PV ON 39.1800 SHARES 0.0000 0.000000 39.18 0.00 0.00 DUE 8/25/2019 JULY FNMA DUE 8/25/19 08/26/2019 31417YAY3 INTEREST EARNED ON F N M A#MA0022 4.500% 4/01/29$1 PV ON 63.7500 0.0000 0.000000 63.75 0.00 0.00 SHARES DUE 8/25/2019 JULY FNMA DUE 8/25/19 08/26/2019 3135GOJ20 INTEREST EARNED ON F N M A DEB 1.375% 2/26/21 $1 PV ON 10000000.0000 0.0000 0.000000 68,750.00 0.00 0.00 SHARES DUE 8/26/2019 08/26/2019 31397QREO INTEREST EARNED ON F N M A GTD REMIC 1.113% 2/25/41 $1 PV ON 478.2200 0.0000 0.000000 478.22 0.00 0.00 SHARES DUE 8/25/2019$0.00246/PV ON 194,792.45 PV DUE 8/25/19 08/27/2019 46625HKA7 INTEREST EARNED ON JPMORGAN CHASE CO 2.250% 1/23/20$1 PV ON 0.0000 0.000000 3,187.50 0.00 0.00 1500000.0000 SHARES DUE 8/26/2019$2.125 PER$1000 ACCD INT(34 DAYS) 08/27/2019 46625HKA7 INTEREST EARNED ON JPMORGAN CHASE CO 2.250% 1/23/20$1 PV ON 0.0000 0.000000 4,250.00 0.00 0.00 2000000.0000 SHARES DUE 8/26/2019$2.125 PER$1000 ACCD INT(34 DAYS) 08/27/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -3,529,752.9000 1.000000 3,529,752.90 -3,529,752.90 0.00 08/28/2019 912828WUO BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 1248.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 08/28/2019 912828WUO FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 1248.00 UNITS 0.0000 0.000000 0.00 1,248.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 08/28/2019 912828UL2 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 1.375% 1/31/20 0.0000 0.000000 -5,230.98 0.00 0.00 08/28/2019 912828WUO PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 1248.0000 UNITS 1,248.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 08/28/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -8,288,062.9000 1.000000 8,288,062.90 -8,288,062.90 0.00 08/28/2019 912828WUO STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 1248.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI TOTAL OTHER TRANSACTIONS -48,404,811.8700 49,038,509.72 -48,348,353.12 0.00 7 of 7 oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 BOARD OF DIRECTORS (714)593 7433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-594 Agenda Date: 9/25/2019 Agenda Item No: 4. FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: STATUS OF EARLY LEASE TERMINATION NEGOTIATIONS GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the following: Summary of Early Lease Termination Agreements. BACKGROUND The Orange County Sanitation District (Sanitation District) purchased properties north of Ellis Avenue across from the existing Plant No. 1 facilities. Some of these properties will be demolished to make room for a new administration building for the Sanitation District. However, these buildings have tenants, some of which have leases that expire years in the future. To facilitate the demolition of these buildings and expediate the construction of the new administration building, the Board gave the General Manager authority to begin negotiations with the tenants to terminate their leases early. RELEVANT STANDARDS • Ensure the public's money is wisely spent PRIOR COMMITTEE/BOARD ACTIONS May 2019 - Board of Directors provide the General Manager authority to begin negotiations with the tenants in order to obtain early lease terminations. ADDITONAL INFORMATION N/A ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Summary of Early Lease Termination Agreements Orange County Sanitation District Page 1 of 1 Printed on 9/19/2019 powered by LegistarTM EARLY LEASE TERMINATION STATUS Goal = Vacate Tenants by March 31, 2020 Original New Lease Lease Termination Rent Total Tenant End Date End Date Payment Abatement Cost Free Rent 1 Car Prep, Inc. 12/31/2020 03/31/2020 $ 127,000 $ 280,000 $ 407,000 Ten Months Free Rent Plus $127K 2 Thuan Nguyen 11/30/2022 12/31/2019 $ 25,000 $ 45,360 $ 70,360 Seven Months Free Rent Plus $25K 3 Gigamom, LLC 09/30/2022 12/31/2019 $ 25,000 $ 43,694 $ 68,694 Seven Months Free Rent Plus $25K 4 Uber Chic 12/31/2019 12/31/2019 $ 0 $ 25,920 $ 25,920 Four Months Free Rent - No Fee 5 Leadingware 04/30/2022 07/31/2019 $ 0 $ 9,960 $ 9,960 Two Months Free Rent - No Fee 6 AKH Trading 03/31/2019 03/31/2019 $ 0 $ 0 $ 0 No Free Rent and No Fee 7 Interiors 07/31/2021 10/01/2019 $ 123,871 $ 0 $ 123,871 No Free Rent but$123,871 Fees Leave Tenants in Place 8 De La Rosa 01/31/2023 01/31/2023 $ 0 $ 0 $ 0 Space not required until late 2022 Total $ 300,871 $ 404,934 $ 705,805 oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 OPERATIONS COMMITTEE (714)593 7433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-601 Agenda Date: 9/25/2019 Agenda Item No: 5. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2, PROJECT NO. P2-123 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Approve a Professional Construction Services Agreement with Spec Services, Inc. to provide construction support services for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for a total amount not to exceed $252,329; and B. Approve a contingency of $25,233 (10%). BACKGROUND Orange County Sanitation District's (Sanitation District) Plant No. 2 has two biological secondary treatment facilities, one of which is the Activated Sludge Plant, which uses pure oxygen for wastewater treatment. The Activated Sludge Plant was built in 1979 and includes a concrete deck that seals oxygen into the process basins and ninety-two light poles and fixtures installed throughout the facility to provide operators safe working conditions at night. RELEVANT STANDARDS • 24/7/365 treatment plant reliability • Comply with California Government Code Section 4256 to engage the best qualified firm "on the basis of demonstrated competence and qualifications" and "negotiate fair and reasonable fees" PROBLEM The project requires the design consultant to provide as-needed services during construction including submittal review, answering the contractor's requests for information, reviewing construction change orders, participating in meetings, site visits, and preparing record drawings. PROPOSED SOLUTION Award a Professional Construction Services Agreement with the design consultant Spec Services, Orange County Sanitation District Page 1 of 3 Printed on 9/19/2019 powered by LegistarTM File #: 2019-601 Agenda Date: 9/25/2019 Agenda Item No: 5. Inc., to provide engineering support services during construction. TIMING CONCERNS Engineering support services will be needed at the start of construction, which is anticipated for October 23, 2019. RAMIFICATIONS OF NOT TAKING ACTION The engineering support services needed to facilitate, and review construction activities would not be available, which may negatively impact the contract execution. PRIOR COMMITTEE/BOARD ACTIONS March 2018 - Approved a Professional Design Services Agreement with Spec Services, Inc. for providing engineering services for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for an amount not to exceed $668,217, and approved a contingency of $66,822 (10%). ADDITIONAL INFORMATION Spec Services, Inc. has successfully furnished engineering services for the design of this project and their support services during construction will provide continuity through the completion of the project. Staff negotiated with Spec Services, Inc. for these support services in accordance with the Sanitation District's adopted policies and procedures. A review of the proposed price was conducted using estimated quantities of requests for information, submittals, meetings, site visits, change order review, and design revisions, as well as the level of effort for preparing record drawings. Based on this review, staff determined the negotiated fee to be fair and reasonable for these services. CEQA This project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301. Section 15301 (Class 1) exempts from CEQA "the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination", including "(b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services". The project consists of minor alterations to existing public facilities. A Notice of Exemption for this project was filed and recorded with the County of Orange on March 29, 2018 after the Board of Directors approved the Professional Design Services Agreement. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This project has been budgeted (FY2019-20 Budget Update, Appendix A, Page A-10) and the budget is Orange County Sanitation District Page 2 of 3 Printed on 9/19/2019 powered by LegistarTM File #: 2019-601 Agenda Date: 9/25/2019 Agenda Item No: 5. sufficient to award the Professional Construction Services Agreement. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Professional Construction Services Agreement • September 4, 2019 Operations Committee Presentation Orange County Sanitation District Page 3 of 3 Printed on 9/19/2019 powered by LegistarTM PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 25t" day of September, 2019 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and SPEC SERVICES, Inc. for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Construction Support Services for RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO.2, PROJECT P2-123; and, WHEREAS, CONSULTANT is qualified to provide the necessary services for Construction Support Services in connection with these requirements; and, WHEREAS, the SANITATION DISTRICT has adopted procedures in accordance with the SANITATION DISTRICT's Purchasing Ordinance Section 4.03(B) for the continuation of services and has proceeded in accordance with said procedures to perform this work; and, WHEREAS, at its regular meeting on September 25, 2019 the Board of Directors, by Minute Order, accepted the recommendation of the Director of Engineering and General Manager pursuant to SANITATION DISTRICT's Purchasing Ordinance to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as "Attachment A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 1 of 19 C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe specified by the Project Engineer/Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All CADD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using the SANITATION DISTRICT standard software. Conversion of CADD work from any other non-standard CADD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of thirty (30) calendar days during which the SANITATION DISTRICT shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANITATION DISTRICT. E. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Two Hundred Forty- Eight Thousand One Hundred Thirty-Two Dollars ($248,132). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s)fees and costs shall not exceed the sum set forth in Attachment "E" - Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 2 of 19 charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT shall provide the SANITATION DISTRICT with certified payroll records of all employees' work that is charged to this project. C. Overhead As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment "E" - Fee Proposal. D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees. As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, the SANITATION DISTRICT shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment "E" - Fee Proposal. E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment "E" - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per the attached hourly rate Schedule and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment "E" - Fee Proposal. F. Direct Costs The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel and licenses for an amount not to exceed the sum set forth in Attachment "E" - Fee Proposal. The SANITATION DISTRICT shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of the SANITATION DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 3 of 19 DISTRICT receipts and other documentary records to support CONSULTANT's request for reimbursement of these amounts, see Attachment "D" —Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 - COMPENSATION above. G. Other Direct Costs Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. Refer to attachment "D" Allowable Direct Costs for payment information. H. Reimbursable Direct Costs The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable travel and business expenses as described in this section and further described in Attachment "D" - Allowable Direct Costs to this Agreement. The reimbursement of the above-mentioned expenses will be based on an "accountable plan" as considered by Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a "per diem" component approved by IRS. The most recent schedule of the per diem rates utilized by the SANITATION DISTRICT can be found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/l 04711#. The CONSULTANT shall be responsible for the most economical and practical means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. The SANITATION DISTRICT shall apply the most economic and practical method of reimbursement which may include reimbursements based upon receipts and/or"per diem" as deemed the most practical. CONSULTANT shall be responsible for returning to the SANITATION DISTRICT any excess reimbursements after the reimbursement has been paid by the SANITATION DISTRICT. Travel and travel arrangements —Any travel involving airfare, overnight stays or multiple day attendance must be approved by the SANITATION DISTRICT in advance. Local Travel is considered travel by the CONSULTANT within the SANITATION DISTRICT general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile mileage is reimbursable if CONSULTANT is required to utilize personal vehicle for local travel. Lodging — Overnight stays will not be approved by the SANITATION DISTRICT for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of the SANITATION DISTRICT based on reasonableness of PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 4 of 19 meeting schedules and the amount of time required for travel by the CONSULTANT. Such determination will be made on a case-by-case basis and at the discretion of the SANITATION DISTRICT. Travel Meals — Per-diem rates as approved by IRS shall be utilized for travel meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals. Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment "D" -Allowable Direct Costs of this Agreement. I. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT's Proposal will exceed the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's invoice and monthly progress report. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 -AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 5 of 19 Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a per-project-element basis. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 - COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICT's Director of Engineering determines that no satisfactory progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act (Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 6 of 19 causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees and/or Subconsultants who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a) (3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 6. DOCUMENT OWNERSHIP — SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed. All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 7 of 19 performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below "B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000) per occurrence with One Million Dollars ($1,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 8 of 19 endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. E. Drone Liability Insurance If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of one million dollars ($1,000,000) in form acceptable to the SANITATION DISTRICT. F. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF" and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. G. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Two Million Dollars PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 9 of 19 ($2,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. H. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010) or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of (ISO Forms) CG 2010 1001 and CG 2037 1001 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 10 of 19 • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. I. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, and shall be received by the SANITATION DISTRICT not less than thirty (30) days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. J. Primary Insurance All liability policies shall contain a Primary and Non-Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. K. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. L. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. M. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 11 of 19 option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. N. Defense Costs Liability policies, with the exception of Professional Liability, shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. O. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. P. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. 8. SCOPE CHANGES In the event of a change in the Scope of Work, requested by SANITATION DISTRICT, the parties hereto shall execute an amendment to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT's project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each CONSULTANT's project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant on a per-project-element basis, broken down as indicated in Section 2 - COMPENSATION. There shall be no substitution of the listed Subconsultants and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT's personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 12 of 19 engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all project related accounting records and documents, and any other financial data. 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 13 of 19 Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Jay Kaura, Contracts Administrator Copy: Richard Leon, Project Manager Notices shall be mailed to CONSULTANT at: SPEC SERVICES, Inc. 10540 Talbert Ave., Suite 100 East Fountain Valley, CA 92708 Attention: Kim Henry, PE President/CEO All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT's staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13 - NOTICES. 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE A. Labor CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 14 of 19 and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. B. Air Pollution CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2) future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status. 21. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 22. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 15 of 19 and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, consultants, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses including without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or consultants fees and costs and the SANITATION DISTRICT's general and administrative expenses (individually, a "Claim", or collectively, "Claims") which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, consultants, subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising from: (A) the sole or active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, consultant, subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 23. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 16 of 19 provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the SANITATION DISTRICT and may be considered in future CONSULTANT selection processes. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES CONSULTANT shall comply with all SANITATION DISTRICT policies and procedures including the OCSD Safety Standards, as applicable, all of which may be amended from time to time. 26. CLOSEOUT When the SANITATION DISTRICT determines that all Work authorized under the Agreement is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the Consultant written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement within thirty (30) days of receipt of notice of Agreement closeout. Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall commence a closeout audit of the Agreement and will either: i. Give the CONSULTANT a final Agreement Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT's cost. CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by the SANITATION DISTRICT. PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 17 of 19 Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance. Any failure by the SANITATION DISTRICT to reject the work or to reject the CONSULTANT's request for final Agreement Acceptance as set forth above shall not be deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose nor imply acceptance of, or agreement with, the CONSULTANT's request for final Agreement Acceptance. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 18 of 19 IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. CONSULTANT: SPEC SERVICES, INC. By Date Printed Name & Title ORANGE COUNTY SANITATION DISTRICT By David John Shawver Date Board Chairman By Kelly A. Lore Date Clerk of the Board By Ruth Zintzun Date Purchasing & Contracts Manager Attachments: Attachment "A" — Scope of Work Attachment "B" — Not Used Attachment "C"— Not Used Attachment "D"—Allowable Direct Costs Attachment "E" — Fee Proposal Attachment "F"— Not Used Attachment "G" — Not Used Attachment "H"— Not Used Attachment "I" — Cost Matrix & Summary Attachment "J"— Not Used Attachment "K" — Not Used Attachment "L" — OCSD Safety Standards JSK:ms PCSA PROJECT NO. P2-123 Revised 072619 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 19 of 19 9/4/2019 MEN Returned Activated NON® Sludge Piping OMENReplacement at Plant No. 2 MCA .M Project No. P2-123 �` A Operations Committee Presentation September 4, 2019 MEMO&& Activated Sludge 131 Plant at Plant • 1• • Biological treatment using oxygen f , Is • Built in 1979 • Includes � ► ■ three main :�` � components • Aeration basins • Clarifiers `` • Return activated sludge system 2 1 9/4/2019 Sludge s • • • acement • —2,000 feet of 10 to 36-inch pipe • 40 years old • Frequent leaks Element 2 - Aeration Basin Concrete Repair Z% < x, • Maintain Structural Integrity of Basin Deck • Spall repair • Crack repair • Replace corroded reinforcement JjJ 4 2 9/4/2019 LightPole Replacement �•L�' • Replace 80 corroded light poles and fixtures across ,r entire site • Collapsible poles for better maintenance access -k" < • Safety for Staff 5 • Results6'*A ,. AmountCompany 1. Shimmick Construction Company $6,042,110 2. W.M. Lyles Co. $6,593,870 3. Kiewit Infrastructure West Co. $6,843,000 4. Stanek Constructors, Inc. $8,414,700 5. Innovative Construction Solutions $8,732,865 6. Steve P. Rados, Inc. $8,837,625 7. Myers&Sons Construction LLC $10,620,000 8. OHL USA, Inc. $10,839,350 Engineer's Estimate $14,000,000 6 3 9/4/2019 L Protest rt rti �. • 2nd Low Bidder, W.M. Lyles Co., alleged issues with Shimmick's safety record • In consultation with General Counsel, staff reviewed and determined the protest does not merit a change to the award recommendation • Many incidents are still pending determination • Several were against joint venture partners • No clear and consistent pattern of violations Recommendations • Deny award protest filed by W.M. Lyles Co.; • Award a Construction Contract to Shimmick Construction Company for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for a total amount not to exceed $6,042,111 .35; and • Approve a Construction Contract contingency of $604,211 (10%). s 4 9/4/2019 Recommendations • Approve a Professional Construction Services (PCSA) Agreement with Spec Services Inc. to provide construction support services for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for a total amount not to exceed $252,329; and • Approve a contingency of $25,233 (10%) 9 Questi • 04, - 10 5 oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 OPERATIONS COMMITTEE (714)593 7433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-602 Agenda Date: 9/25/2019 Agenda Item No: 6. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2, PROJECT NO. P2-123 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Receive and file Bid Tabulation and Recommendation for Return Activated Sludge Piping Replacement at Plant No. 2, Project P2-123; B. Receive and file Orange County Sanitation District's Notice of Intent to Award dated August 8, 2019; C. Receive and file Award Protest from W.M. Lyles Co. dated August 13, 2019, concerning the award to Shimmick Construction Company; D. Receive and file response letter from Shimmick Construction Company dated August 20, 2019, regarding the bid protest of W.M. Lyles Co.; E. Receive and file Orange County Sanitation District's determination letter dated August 23, 2019, to W.M. Lyles Co. responding to Award Protest; F. Deny award protest filed by W.M. Lyles Co.; G. Award a Construction Contract to Shimmick Construction Company for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for a total amount not to exceed $6,042,111; and H. Approve a Construction Contract contingency of $604,211 (10%). BACKGROUND Orange County Sanitation District's (Sanitation District) Plant No. 2 has two biological secondary treatment facilities, one of which is the Activated Sludge Plant, which uses pure oxygen for wastewater treatment. The Activated Sludge Plant was built in 1979 and includes a concrete deck that seals oxygen into the process basins and ninety-two light poles and fixtures installed throughout the facility to provide operators safe working conditions at night. Orange County Sanitation District Page 1 of 4 Printed on 9/19/2019 powered by LegistarTM File #: 2019-602 Agenda Date: 9/25/2019 Agenda Item No: 6. RELEVANT STANDARDS • 24/7/365 treatment plant reliability • Comply with California Government Code Section 4256 to engage the best qualified firm "on the basis of demonstrated competence and qualifications" and "negotiate fair and reasonable fees" PROBLEM There are three major deficiencies in the Activated Sludge Plant. Approximately 1,800 feet of sludge piping and appurtenances ranging in size from 4 inches to 36 inches is corroded and no longer provides reliable service. Repair of leaks on this pipe directly impacts the operation and capacity of the plant. As corrosion continues, the frequency of leakage is expected to become worse and leaks more difficult to repair. Cracking and spalling of the concrete deck of the process basins pose oxygen safety threats and will likely reduce the life of the plant. Exterior light poles on the plant are corroded to the point where some light fixtures have fallen, posing a safety hazard to operators from falling objects and insufficient lighting. The light poles also require significant fall protection methods to service. PROPOSED SOLUTION Award a construction contract for replacement of the return activated sludge discharge piping, repair the damaged concrete on the deck of the plant, and replace the light poles and fixtures. TIMING CONCERNS Delaying this project will extend the period when treatment interruptions could occur due to leaks from corroded pipes and cracks in concrete, and safety hazards would not be addressed. RAMIFICATIONS OF NOT TAKING ACTION Reliability of the treatment process will suffer, and maintenance staff will be required to make inefficient unplanned repairs to maintain the full operational ability of the aeration basin facilities. A sudden pipeline rupture is a risk to staff and equipment in the tunnel system. The damaged concrete and corroded light poles will continue to be safety concerns. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The Sanitation District advertised Project No. P2-123 for bids on June 11, 2019 and eight sealed bids Orange County Sanitation District Page 2 of 4 Printed on 9/19/2019 powered by LegistarTM File #: 2019-602 Agenda Date: 9/25/2019 Agenda Item No: 6. were received on July 29, 2019. A summary of the bid opening follows: Engineer's Estimate $14,000,000 Bidder Amount of Bid Shimmick Construction Company $ 6,042,110.35 W.M. Lyles Co. $ 6,593,870.00 Kiewit Infrastructure West Co. $ 6,843,000.00 Stanek Constructors, Inc. $ 8,414,700.00 Innovative Construction Solutions (ICS) $ 8,732,866.00 Steve P. Rados, Inc. $ 8,837,625.00 Myers & Sons Construction, LLC $10,620,000.00 OHL USA, Inc. $10,839,350.00 The bids were evaluated in accordance with the Sanitation District's policies and procedures. A notice was sent to all bidders on August 8, 2019 informing them of the intent of Sanitation District staff to recommend award of the Construction Contract to Shimmick Construction Company. W.M. Lyles Co., the second low bidder, sent a formal Protest of the award to the Sanitation District on August 13, 2019, alleging bid defects in the Shimmick Construction Company bid due to various accidents and safety incidents occurring on Shimmick Construction Company projects. In consultation with Sanitation District General Counsel, the Sanitation District reviewed and responded to this Protest. The protest does not merit a change to the award recommendation for the following reasons: 1 . Many of the incidents cited in the Protest are not considered final for legal for administrative purposes as they are still open or pending appeal. 2. Several of the incidents identified in the Protest were not cited against Shimmick Construction Company specifically, but rather against several partners on joint venture projects. 3. The Sanitation District believes that the PCC and public policy behind California's competitive bidding laws prohibit public agencies from finding a bidder non-responsible for safety reasons unless the bidder demonstrates a clear and consistent pattern of significant safety violations or an inability to take appropriate safety precautions; which is not the case with the valid items listed in this protest. Based on the above, staff, in consultation with Sanitation District's General Counsel, responded to the W.M. Lyles Co. protest and found protest statement allegations unfounded. W.M. Lyles Co. can still request an appeal of Sanitation District staff's determination as provided for by the Sanitation District's procedures before the deadline of August 30, 2019. After receipt of the bids and considering the cost differences when compared with the Engineer's estimate, staff, in consultation with the design consultant, reviewed the Engineer's estimate and determined there were some conservative assumptions made about the material, equipment, and construction methodology to be used to complete this project. Also, the most competitive bids may Orange County Sanitation District Page 3 of 4 Printed on 9/19/2019 powered by LegistarTM File #: 2019-602 Agenda Date: 9/25/2019 Agenda Item No: 6. be taking advantage of reduced overhead costs. Considering that there are several bids within the same range, staff believes that the low bids are valid and recommends award as stated above. CEQA This project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301. Section 15301 (Class 1) exempts from CEQA "the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination", including "(b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services". The project consists of minor alterations to existing public facilities. A Notice of Exemption for this project was filed and recorded with the County of Orange on March 29, 2018 after the Board of Directors approved the Professional Design Services Agreement. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This project has been budgeted (FY2019-20 Budget Update, Appendix A, Page A-10) and the budget is sufficient for the action. ATTACHMENT The following attachment(s) are included in hard copy may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • W.M. Lyles Co. Award Protest Letter • Shimmick Construction Company Response to Bid Protest Letter • Sanitation District Response to W.M. Lyles Co. Award Protest • Sanitation District Intent to Award Letter • Construction Contract (Online Only) • September 4, 2019 Operations Committee Presentation (Online Only) Orange County Sanitation District Page 4 of 4 Printed on 9/19/2019 powered by LegistarTM W Corporate Office W. A LYLES CO. P.O.Box 4377 Fresno,CA 93744-4377 CONTRACTOR Telephone(559)441-1900 s11943 Fax(559)487-7958 Progress Through Performance" www.wmlyles.com An Equal Opportunity Employer California Contractor's License No.422390 August 13, 2019 Orange County Sanitation District Attn: Mr. Jay Kaura, Contracts Administrator 10844 Ellis Avenue Fountain Valley, CA 92708 via electronic mail to: construction(f)ocsd.com Re: Award Protest Statement. W. M. Lyles Co.'s Bid Protest for the Orange County Sanitation District's ("OCSD")Return Activated Sludge Piping Replacement at Plant No. 2. Project No. P2-123 ("Project") Dear Mr. Kaura: As we are in receipt of OCSD's Award Recommendation Notice dated August 8, 2019, for the above-referenced Project, we are writing you and this letter shall serve as W. M. Lyles Co.'s ("WML") formal Award Protest Statement concerning OCSD's recommendation to award the project to Shimmick Construction Company,Inc. ("SHIMMICK"). WML requests that OCSD not award the project to SHIMMICK. SHIMMICK's past safety violations give OCSD grounds to reject its bid for non-responsibility. Accordingly,WML requests that OCSD not award the project to SHIMMICK and award the project contract to WML as the lowest responsive and responsible bidder on this Project. SHIMMICK IS NOT A RESPONSBILE AND/OR QUALIFIED CONTRACTOR FOR THIS PROJECT BECAUSE IT HAS NUMEROUS PRIOR SERIOUS AND REPEATED SAFETY VIOLATIONS EVIDENCING AN INABILITY TO CONTROL AND MAINTAIN SAFE PROJECT SITES The Instruction to Bidders, at Item IB-13(B)(2),pages 7 & 8, states that, For purpose of evaluating the Safety record of a Bidder, if the Bidder has any Serious, Repeat...citations pursuant to Part 1 of Division 5 of the Labor Code and has not taken appropriate corrective action to abate further such violations.....the Bidder may be deemed Not Responsible and its Bid Rejected. Corporate Office: 1210 W.Olive,Fresno,CA 93728 Bakersfield (661)387-1600 Fresno (559) 268-1540 Temecula (951)973-7393 . Rocklin(916)375-18331 Visalia(559)651-1450 W. Corporate Office . M. LYLES CO. P.O.Box 4377 Fresno,CA 93744-4377 CONTRACTOR Telephone(559)441-1900 SL—s9s3 Fax(559)487-7958 Progress Through Petformarjee" www.wmlyles.com An Equal Opportunity Employer California Contractor's License No.422390 Furthermore, Section BF-6(1) of the bid proposal asks, "Does the CONTRACTOR have any Serious, Willful,Repeat...citations....during the past five-year period?" SHIMMICK, pursuant to Exhibit A, attached hereto and incorporated herein by this reference (hereinafter "OSHA Reports"), has two fatalities, numerous serious violations and repeated violations within the past five-year period. Said OSHA Reports reveal that SHIMMICK has twenty(20)serious violations and at least two repeated violations happening on separate occasions (i.e., three 1509(A) violations, and two 3203(A) violations), from July 2014 through July 2019. The fatality cases involve multiple serious violations (see Case #3 and Case #10 for fatalities). The recent past safety citation record in said OSHA Reports demonstrates SHIMMICK's inability 1 to control and maintain safe project sites. Two separate incidents resulted in the partial amputation of a worker's finger(s) (see cases#9 and #17)and another resulted in a worker sustaining a fracture in his/her tibia and fibula(see case#5). SHIMMICK had repeated violations of California Code of Regulations at Title 8, Division 1, Chapter 4, Subchapter 7, at § 3203(a). Please note that said §3203 sets forth the requirement to have an Injury and Illness Prevention Program. SHIMMICK has apparently been cited on two separate occasions for inadequate IIPP. Accordingly, SHIMMICK's OSHA Report indicates that SHIMMICK is not a responsible bidder within the meaning of California Public Contract Code §1103. REJECTING SHIMMICK'S BID COMPORTS WITH SOUND PUBLIC POLICY INVOLVING THE PROTECTION OF THE PUBLIC AND REJECTING ITS BID FOR RESPONSIBILITY IS SUPPORTED BY CASE AND STATUTORY LAW OCSD should strongly consider rejecting SHIMMICK as an irresponsible bidder in light of protecting the citizens within the jurisdiction of the OCSD. OCSD is clearly legally permitted to reject SHIMMICK's bid for want of responsibility (see Exhibit B below for legal basis). The public has an interest in the safe construction of public works projects. In calculating the sum total of protecting the public, dollars and cents are not the only factor to consider. The safety of the public is of great importance as the public can either be injured by encountering unsafe project sites or as workers at a project site. Serious injury and fatalities are to be avoided at all costs due to the heavy toll on the families impacted by same. While nearly impossible to quantify, such injuries have a fiscal impact upon the citizens within the jurisdiction of the OCSD. Within the construction industry,it is well known that serious injuries and fatalities generally always lead to law suits and other costs,which,in turn, drive up the overall cost of a given project. As such, OCSD is well within their rights to consider the protection of the citizens of OCSD by requiring its contractors to have a demonstrably safe construction record. OCSD's exercise of discretion in rejecting SHIMMICK's bid for want of responsibility would provide physical and fiscal safety for the citizens within OCSD's jurisdiction. Corporate Office: 1210 W.Olive,Fresno,CA 93728 Bakersfield (661)387-1600 1 Fresno(559)268-1540 1 Temecula(951)973-7393 1 Rocklin(916)375-1833:Visalia(559)651-1450 Corporate Office W. A LYLES CO. P.O.Box 4377 Fresno,CA 93744-4377 CONTRACTOR Telephone(559) 441-1900 y-1945 Fax(559)487-7958 Progress Throug/) I'erfor•rr ance' www.wmlyles.com An Equal Opportunity Employer California Contractor's License No.422390 OCSD has rightly taken steps to evaluate the overall competency of the contractors submitting proposals on this project. Competency embraces a contractor's prior performance,which includes their safety record. In this respect, SHIMMICK fails and has demonstrated an inability to implement proper safety procedures and/or adequately supervise its project sites. It would be well within OCSD's right to determine that SHIMMICK lacks the required responsibility and competency to safely build this Project. In support of the above, please see Exhibit B setting forth legal, regulatory and contractual basis for rejecting SHIMMICK's bid. Attached, as Exhibit C, are applicable pages from the IFB that were referenced above. As WML was the second lowest bidder,there are no other affected parties who would stand in line to be awarded the Project contract and thus no information is provided regarding any other bidder. In contrast to SHIMMICK,WML has no serious,willful, or repeated violations and WML's safety history aligns with OCSD's safety requirements. In this regard, please see WML's detailed OSHA Report, attached hereto and incorporated herein by this reference as Exhibit D. Furthermore,please see August 16,2018 Article written by Megan Cassidy and Lauren Hernandez from the San Francisco Chronicle discussing SHIMMICK's safety problems for SHIMMICK's work for the San Francisco Municipal Transportation Agency, attached hereto and incorporated herein by this reference as Exhibit E. Finally, attached, as Exhibit F, is a spreadsheet providing a summation of SHIMMICK's OSHA citations over the past five years. CONCLUSION WML, accordingly, requests that OCSD: 1) grant WML's bid protest by not awarding the Project contract to SHIMMICK on the grounds of SHIMMICK's safety related deficiencies (i.e., lack of responsibility); and 2)award the contract to WML as the lowest responsive,responsible bidder on the Project. WML looks forward to working with OCSD on this important Project. This letter is intended to be: 1) a protest against any award of the contract to a bidder other than WML; 2) a request pursuant to Government Code §54954.1 for written notice of all meetings of OCSD at which any issues pertaining to the award of said contract are on the agenda for the meeting; 3) a request for communications by and between OCSD and SHIMMICK regarding WML's bid protest; 4) a request as soon as staff either reports or renders recommendations concerning any issues pertaining to the award of said contract (by telephone or fax and by email) are available to the public so we can promptly review same; and 5) a request to address OCSD pursuant to California Government Code §54954.3(a)which sets forth our right to address OCSD before or during consideration of any issues related to the award of said Contract. Corporate Office: 1210 W.Olive,Fresno,CA 93728 Bakersfield (661)387-1600 1 Fresno(559)268-1540 1 Temecula(951)973-7393 1 Rocklin(916)375-18331 Visalia (559) 651-1450 W. A LYLES CO. Corporate Office P.O.Box 4377 Fresno,CA 93744-4377 CONTRACTOR Telephone(559)441-1900 Si-1945 Fax(559)487-7958 Progress Through Pcrfo?-mance www.wmlyles.com An Equal Opportunity Employer California Contractor's License No.422390 Please advise if we need to take any further steps to secure our rights and requests set forth above so that we can promptly comply. If we do not receive a response from you, we will proceed on the basis that this letter is sufficient to protest the bid of SHIMMICK. Verification and Execution I am the Sr. Vice President of W. M. Lyles Co., and I have read the foregoing Award Protest Statement and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information and belief, and as to those matters I believe it to be true. I declare,under penalty of perjury,under the laws of the State of California, that the foregoing is true and correct. By r Robert P. Saleen Sr. Vice President of W. M. Lyles Co. Enclosures/6 Mde Corporate Office: 1210 W.Olive,Fresno,CA 93728 Bakersfield (661)387-1600 Fresno(559)268-1540 1 Temecula(951)973-7393 1 Rocklin(916)375-1833 1 Visalia (559) 651-1450 Exhibit A: OSHA Report Page 1 of 14 Case # AcGnly Opened RID St Type Sc sic NAICS I Vw Establishment Name Q 1 13J994 M5 0511012019 0950544 CA Accident Partial 237110 Shimmick Construction i p 2 1323735.015 08127/2018 0950624 CA Lrprog Rel Partial 236220 Shimmick Construction Company,Inc.And CaVoinia Engineering Contractors,Inc.JcintVentare 3 1339097 015 081M'2018 0950,651 CA FaVCat Partial 237990 4 Shimmick Construction Co Ire Ard Con-Guest Contractors Inc 4 1325793.015 062112018 1055320 VvA Referral Partial 236220 Vv'j317930004-Shunmick Parscns J �. 5 1302615015 032012018 0950635 CA Accident Partial 236220 2 ShimmickTocAmpregilioJv 6 1263341.015 09111.,2017 0936200 CA Planned Partial 237990 N'ovaShunfrickA Joint Venture 7 1252441 015 0711IR12017 0936200 CA Unprog Partial 237993 1 N wa Shimmick.Joint Venlure Other 8 1252345.015 0711 V2017 0936200 CA Planned Complete 237993 1 Nava Shimmick Joint Venture 9 1205081.015 01IM2017 0956,611 CA Accident Partial 236220 Shimmick IMclrctsonJv 10 1192534-015 M2112016 0950643 CA FatCat Partial 236223 6 Shimmick Construction Company Inc. 11 1168158-015 102112016 1055320 VuA Referral Partial 236220 3 bN071942851-Shimmick Construction Company Inc 12 1167915.015 0729/2016 1055320 WA Planned Partial 236220 Vv07941606-Shimmick Construction Company Inc 13 1144056-015 042012016 0950535 CA Accident Partial 237310 4 Shimmick Fcc Impregilo Joint Venture 14 1080515-015 071DW2015 0950631 CA Referral Partial 236210 3 Shimmick Construction Company,Inc. 15 1061841.015 0510t12015 0950635 CA Complaint Partial 237990 Shimmicl;Construction Company Inc I i 16 1059365.015 04210015 0950631 i CA Referral Partial 237990 2 Shimmick Construction Company Inc 17 1021893-015 0113012015 0950611 CA Accident Partial 236220 2 Shimmick•Nicholson Construction.A Joint Venture 18 995229A15 0821/2014 0936200 CA Planned Complete 236210 Nova Shimmick Ajv UNITED STATES DEPARTMENT OF LABOR Exhibit A: Page 2 of 14 OSHA English I Spanish Find it in OSHA Q A TO Z INDEX OSHA - WORKER - EMPLOYER - STANDARDS - ENFORCEMENT - CONSTRUCTION - TOPIC - NEWS/RESOURCES - DATA - TRAINING - Inspection Detail Quick Link Reference 1399946.015 1 1323735.015 1 1339097.015 1 1325793.015 1 1302815.015 1 1263341.015 1 1252441.015 1 1252345.015 1 1205081.015 1 1192534.015 1 1188158.015 1 1167915.015 1 1144056.015 1 1080515.015 1 1061841.015 1 1059365.015 1 1021893.015 1 995229.015 Case Status:OPEN Note:The following inspection has not been indicated as closed. Please be aware that the information shown may change,e.g.violations may be added or deleted. For open cases,in which a citation has been issued,the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections. Inspection: 1399946.015-Shimmick Construction Inspection Information-Office:Ca Monrovia District Office Case#1 Nr: 1399946.015 Report ID:0950644 Open Date: 05/10/2019 Shimmick Construction 1210 Fullerton Rd. Union Status: NonUnion City Of Industry,CA 91748 SIC: NAICS: 237110/Water and Sewer Line and Related Structures Construction Mailing: 8201 Edgewater Dr.Suite 202,Oakland,CA 94621 Inspection Type: Accident Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: Close Case: Related Activity: Type ID Safety Health Accident 1451236 Case Status:OPEN Case Status: CLOSED Inspection: 1323735.015-Shimmick Construction Company,Inc.And California Engineering Contractors,Inc.Joint Venture Inspection Information-Office:Ca Modesto Nr: 1323735.015 Report ID:0950624 Open Date:08/27/2018 Case#2 Shimmick Construction Company,Inc.And California Engineering Contractors,Inc.Joint Venture 200 Valpico Dr. Tracy,CA 95376 Union Status: Nonunion SIC: NAICS: 236220/Commercial and Institutional Building Construction Mailing: 8201 Edgewater Drive Ste 201,Oakland,CA 94621 Inspection Type: Unprog Rel Scope: Partial Advanced Notice: N Ownership: Private Exhibit A: Page 3 of 14 Safety/Health: Safety Close Conference: 11/30/2018 Close Case: 02/25/2019 Case Status:CLOSED Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 1 1 Current Violations Initial Penalty $0 $0 $0 $410 $0 $410 Current Penalty $0 $0 $0 $0 $0 $0 FTA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent Deleted 1. 01001 Other 3203(A)(4) 11/30/2018 $0 $410 $0 I-Informal Settlement Case Status:VIOLATIONS UNDER CONTEST Note:The following inspection has not been indicated as closed.Please be aware that the information shown may change,e.g.violations may be added or deleted. For open cases,in which a citation has been issued,the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections. Inspection: 1339097.015-Shimmick Construction Co Inc And Con-Quest Contractors Inc Inspection Information-Office:Ca Sacramento M&T District Office Nr: 1339097.015 Report ID:0950651 Open Date: Case#3 08/10/2018 Shimmick Construction Co Inc And Con-Quest Contractors Inc 1 West Portal Ave. Union Status: Union San Francisco,CA 94127 SIC: NAICS: 237990/Other Heavy and Civil Engineering Construction Mailing: 8201 Edgewater Drivesuite 202,Oakland,CA 94621 Inspection Type: Fat/Cat Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 02/08/2019 Emphasis: S:Tunnel Close Case: Related Activity: Type ID Safety Health Accident 1369816 Case Status:VIOLATIONS UNDER CONTEST Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 4 4 Current Violations 4 4 Initial Penalty $65,300 $0 $0 $0 $0 $65,300 Current Penalty $65,300 $0 $0 $0 $0 $65,300 FTA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent Exhibit A: Page 4 of 14 1. 01001 Serious 3203(A) 02/08/2019 $25,000 $25,000 $0 03/12/2019 - 2. 02001 Serious 4991(A) 02/08/2019 $25,000 $25,000 $0 03/12/2019 - 3. 03001 Serious 8473(A) 02/08/2019 02/27/2019 $7,650 $7,650 $0 03/12/2019 - 4. 04001 Serious 8473(F) 02/08/2019 02/27/2019 $7,650 $7,650 $0 03/12/2019 - Accident Investigation Summary Summary Nr: 108350.015 Event: 08/10/2018 Employee Is Caught Between Railway Tracks And Asphyxiates At 4:48 p.m.on August 10,2018,an employee was walking when he was struck by a steel beam and caught between it and the railway tracks,asphyxiating him. Keywords: railroad track,caught between,asphyxiated,steel beam Inspection Degree Nature Occupation 1 1339097.015 Fatality Asphyxia Electricians Case Status:CLOSED Inspection: 1325793.015-Wa317950004-Shimmick Parsons]v Inspection Information-Office:Washington Region 2 Nr: 1325793.015 Report ID: 1055320 Open Date:06/21/2018 Case #4 Wa317950004-Shimmick Parsons]v 2700 Se Bellevue Way Union Status: Nonunion Bellevue,WA 98004 SIC: NAICS: 236220/Commercial and Institutional Building Construction Mailing: 8201 Edgewater Dr Ste 202,Oakland,CA 94621 Inspection Type: Referral Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 07/27/2018 Close Case: 07/27/2018 Related Activity: Type ID Safety Health Referral 1353001 Yes Case Status:CLOSED Case Status:VIOLATIONS UNDER CONTEST Note:The following inspection has not been indicated as closed.Please be aware that the information shown may change,e.g.violations may be added or deleted. For open cases,in which a citation has been issued,the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections. Inspection: 1302815.015-Shim mick/Fcc/Impregilio]v Inspection Information-Office:Ca Long Beach District Office Nr: 1302815.015 Report ID: 0950635 Open Date: 03/20/2018 Case#5 Shimmick/Fcc/Impregilio)v 481 Pier D Ave.West Union Status: Union Long Beach,CA 90802 SIC: NAICS: 236220/Commercial and Institutional Building Construction Mailing: 8201 Edgewater Dr#202,Oakland,CA 94621 Inspection Type: Accident Scope: Partial Advanced Notice: N Ownership: Private Exhibit A: Page 5 of 14 Safety/Health: Safety Close Conference: 07/23/2018 Close Case: Related Activity: Type ID Safety Health Accident 1315280 Case Status:VIOLATIONS UNDER CONTEST Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 2 2 Current Violations 2 2 Initial Penalty $36,000 $0 $0 $0 $0 $36,000 Current Penalty $36,000 $0 $0 $0 $0 $36,000 FTA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent 1. 01001 Serious 1509(A) 07/23/2018 08/09/2018 $18,000 $18,000 $0 09/11/2018 - 2. 02001 Serious 4981(C) 07/23/2018 08/09/2018 $18,000 $18,000 $0 09/11/2018 - Accident Investigation Summary Summary Nr: 107488.015 Event: 01/24/2018 Employee Is Struck By Wire Rope And Leg Is Fractured At 10:00 a.m.on January 24,2018,Employee#1 and Coworkers#1 and#2,employed by a construction company,were working at a bridge replacement project.Employee#1,an Iron worker,was working on an elevated bridge platform,235 feet above grade,and welding eyelets to the platform.Coworkers#1 and#2,also on the elevated platform,began to pull 1 inch diameter wire rope from an uncoiler.As the wire rope came free of the uncoiler,the tail end of the wire rope whipped around and struck Employee#1's left leg.Coworkers#1 and#2 radioed the foreman stationed on the ground.The foreman organized a response team,which used a man basket attached to a tower crane to ascend to the elevated work platform. Employee#1 was placed in the man basket and lowered to the ground. Emergency services were called,and Employee#1 was transported to the hospital.He was admitted and treated,including surgery,for fractures to his left leg tibia and fibula. Keywords:struck by,construction,fracture,leg,iron worker,elevated work platform,bridge,tower crane,welding,wire rope Inspection Degree Nature Occupation 1 1302815.015 Hospitalized injury Cut/Laceration Laborers,except construction Case Status:CLOSED Inspection: 1263341.015-Nova Shimmick A Joint Venture Inspection Information-Office:San Diego Area Office Nr: 1263341.015 Report ID:0936200 Open Date: 09/11/2017 Case#6 Nova Shimmick A Joint Venture Point Loma Fuel Pier Union Status: Nonunion San Diego,CA 92113 SIC: NAICS: 237990/Other Heavy and Civil Engineering Construction Mailing: 185 Devlin Rd, Napa,CA 94558 Inspection Type: Planned Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 09/18/2017 Emphasis: L:Progcon,P:Progcon Close Case: 09/18/2017 Case Status:CLOSED Case Status:CLOSED Inspection:1252441.015-Nova Shimmick Joint Venture Inspection Information-Office:San Diego Area Office Exhibit A: Page 6 of 14 Nr: 1252441.015 Report ID: 0936200 Open Date: 07/19/2017 Nova Shimmick Joint Venture Case#7 Naval Base Point Lomafuel Depot Area S Union Status: Union San Diego,CA 92106 SIC: NAICS: 237990/Other Heavy and Civil Engineering Construction Mailing: 185 Devlin Rd,Napa,CA 94558 Inspection Type: Unprog Other Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 07/21/2017 Close Case: 06/14/2018 Related Activity: Type ID Safety Health Referral 1277117 Yes Case Status:CLOSED Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 1 1 Current Violations 1 1 Initial Penalty $11,408 $0 $0 $0 $0 $11,408 Current Penalty $10,500 $0 $0 $0 $0 $10,500 FfA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent 1. 01001 Serious 19260250 A01 10/24/2017 $10,500 $11,408 $0 11/06/2017 R-Review Commission Case Status:CLOSED Inspection:1252345.015-Nova Shimmick Joint Venture Inspection Information-Office:San Diego Area Office Nr: 1252345.015 Report ID: 0936200 Open Date: 07/11/2017 Case#8 Nova Shimmick Joint Venture Naval Base Point Loma2907 Shelter Island Dr. Union Status; Nonunion San Diego,CA 92106 SIC: NAICS: 237990/Other Heavy and Civil Engineering Construction Mailing: 185 Devlin Rd, Napa,CA 94558 Inspection Type: Planned Scope: Complete Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 07/14/2017 Emphasis: L:Progcon,P:Progcon Close Case: 02/06/2018 Case Status:CLOSED Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 1 1 Current Violations 1 1 Exhibit A: Page 7 of 14 Initial Penalty $4,889 $0 $0 $0 $0 $4,889 Current Penalty $0 $0 $0 $4,889 $0 $4,889 FTA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent 1. 01001 Other 19260405 G02 IV 08/31/2017 $4,889 $4,889 $0 I-Informal Settlement Case Status:CLOSED Inspection: 1205081.015-Shimmick/Nicholson 7v Inspection Information-Office:Ca San Francisco Nr: 1205081.015 Report ID:0950611 Open Date: O1/24/2017 Case#9 Shimmick/Nicholson Iv 101 First St. San Francisco,CA 94105 Union Status: Union SIC: NAICS: 236220/Commercial and Institutional Building Construction Mailing: 8201 Edgewater Dr.Suite#202,Oakland,CA 94621 Inspection Type: Accident Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 04/05/2017 Close Case: 12/13/2017 Related Activity: Type ID Safety Health Complaint 1184073 Yes Accident 1173756 Case Status:CLOSED Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 1 1 Current Violations Initial Penalty $0 $0 $0 $300 $0 $300 Current Penalty $0 $0 $0 $0 $0 $0 FTA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent Deleted 1. 01001 Other 5001(E) 04/10/2017 $0 $300 $0 04/20/2017 F-Formal Settlement Accident Investigation Summary Summary Nr: 94459.015 Event: 01/15/2017 Construction Foreman Directing Rigging Has Two Finger Amputa At 3:10 p.m.on January 15,2017,Employee#1,a foreman for a construction company,Coworker#1,employed by the company to assist Employee#1,and Coworker#2,who was operating an excavator,were engaged in rigging work at a construction excavation site.Employee#1 was directing the work. Employee #1 and Coworker#1 rigged bundles of hollow bar drill steel rod onto an excavator,Komatsu PC228USLC.The bundles consisted of 10 rods,and each rod weighed approximately 140 pounds.The bundled rods were moved approximately 15 feet across the south side of the excavation site.Coworker#2,operating the excavator,then began to lower the load to the ground.The steel hook from the rigging struck and crushed Employee#1's right hand. Emergency services were called,and Employee#1 was transported to the hospital. He was admitted and treated for the amputation of his right hand's middle and ring fingers. LAlll V1L L 1. 1 CL�V V Vl 1T Keywords:struck by,amputation,rigging,material handling,construction,excavator,finger,hand,crushed,steel tube Inspection Degree Nature Occupation 1 1205081.015 Hospitalized injury Amputation Construction laborers Case Status:VIOLATIONS UNDER CONTEST Note:The following inspection has not been indicated as closed.Please be aware that the information shown may change,e.g,violations may be added or deleted.For open cases,in which a citation has been issued,the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections. Inspection: 1192534.015-Shimmick Construction Company Inc. Inspection Information-Office:Ca Van Nuys Nr: 1192534.015 Report ID: 0950643 Open Date: Case#10 11/21/2016 Shimmick Construction Company Inc. 4765 Spring Rd. Union Status: Union Moorpark,CA 93020 SIC: NAICS: 236220/Commercial and Institutional Building Construction Mailing: 8201 Edgewater Dr.,Oakland,CA 94621 Inspection Type: Fat/Cat Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 04/11/2017 Close Case: Related Activity: Type ID Safety Health Accident 1157737 Case Status:VIOLATIONS UNDER CONTEST Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 3 3 6 Current Violations 3 3 6 Initial Penalty $46,800 $0 $0 $1,600 $0 $48,400 Current Penalty $46,800 $0 $0 $1,600 $0 $48,400 FTA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent 1. 01001 Other 43000029 B01 04/26/2017 05/31/2017 $400 $400 $0 05/25/2017 2. 01002 Other 3650(T)(15) 04/26/2017 05/31/2017 $600 $600 $0 05/25/2017 - 3. 01003 Other 3650(T)(33) 04/26/2017 05/31/2017 $600 $600 $0 05/25/2017 - 4. 02001 Serious 3328(A)(2) 04/26/2017 05/15/2017 $14,400 $14,400 $0 05/25/2017 - 5. 03001 Serious 3650(T) 04/26/2017 05/15/2017 $14,400 $14,400 $0 05/25/2017 - 6. 04001 Serious 3650(T)(11) 04/26/2017 05/15/2017 $18,000 $18,000 $0 05/25/2017 - Accident Investigation Summary Summary Nr: 90735.015 Event: 11/16/2016 Employee Is Caught Between Forklift And Wall And Is Killed At 7:48 p.m.on November 16,2016,an employee was operating a Caterpillar telehandler forklift Model 1055C,serial number KDE01436.The employee was traveling down a dirt slope ramp that was approximately twenty percent grade with the forks downgrade and the plate compactor attached to the fork with a chain.The employee was driving with the cab door open at the time of the accident.The employee operating the forklift lost control,went into the trench and was ejected from the cab.The employee was pinned between the forklift and the dirt wall.The employee suffered internal injuries and a fractured pelvis and was fatally injured. Exhibit A: Page 9 of 14 Keywords:crushing,material handling,powered industrial vehicle,construction vehicle,struck by Inspection Degree Nature Occupation 1 1192534.015 Fatality Bruise/Contus/Abras Construction laborers Case Status:VIOLATIONS UNDER CONTEST Note:The following inspection has not been indicated as closed. Please be aware that the information shown may change,e.g.violations may be added or deleted. For open cases,in which a citation has been issued,the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections. Inspection: 1188158.015-Wa317942851-Shimmick Construction Company Inc Inspection Information-Office:Washington Region 2 Nr: 1188158.015 Report ID: 1055320 Open Date: 10/21/2016 Case#11 Wa317942851-Shimmick Construction Company Inc Minor St.X Thomas St.Across From 222 Minor St. Union Status: Nonunion Seattle,WA 98101 SIC: NAICS: 236220/Commercial and Institutional Building Construction Mailing: 8201 Edgewater Dr Ste 202,Oakland,CA 94621 Inspection Type: Referral Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 10/28/2016 Close Case: Related Activity: Type ID Safety Health Referral 1152088 Yes Case Status:VIOLATIONS UNDER CONTEST Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 1 2 3 Current Violations 1 2 3 Initial Penalty $4,800 $0 $0 $0 $0 $4,800 Current Penalty $4,800 $0 $0 $0 $0 $4,800 FTA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent 1. 01001A Serious 296-155-53408(2)(D)(I) 12/15/2016 10/21/2016 $4,800 $4,800 $0 12/29/2016 2. 01001E Serious 296-155-53401(5)(I) 12/15/2016 10/21/2016 $0 $0 $0 12/29/2016 3. 02001 Other 296-155-53401(5)(A) 12/15/2016 10/21/2016 $0 $0 $0 12/29/2016 - 4. 02002 Other 296-155-53401(5)(G) 12/15/2016 10/21/2016 $0 $0 $0 12/29/2016 - Case Status:CLOSED Inspection: 1167915.015-Wa317941606-Shimmick Construction Company Inc Inspection Information-Office:Washington Region 2 Nr: 1167915.015 Report ID: 1055320 Open Date: 07/29/2016 Case#12 Wa317941606-Shimmick Construction Company Inc Exhibit A: Page 10 of 14 7004 Beach Dr Sw Union Status: Union Seattle,WA 98136 SIC: NAICS: 236220/Commercial and Institutional Building Construction Mailing: 8201 Edgewater Dr Ste 202,Oakland,CA 94621 Inspection Type: Planned Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 08/09/2016 Emphasis: P:Constr,S:Constr Close Case: 08/09/2016 Case Status:CLOSED Case Status: PENDING ABATEMENT OF VIOLATIONS Note:The following inspection has not been indicated as closed. Please be aware that the information shown may change,e.g.violations may be added or deleted. For open cases,in which a citation has been issued,the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections. Inspection: 1144056.015-Shimmick Fcc Impregilo Joint Venture Inspection Information-Office:Ca Long Beach District Office Nr: 1144056.015 Report ID: 0950635 Open Date: 04/20/2016 Case#13 Shimmick Fcc Impregilo Joint Venture 280 Pier T Ave Long Beach,CA 90802 Union Status: Nonunion SIC: NAICS: 237310/Highway,Street,and Bridge Construction Mailing: 8201 Edgewater Drsuite 202,Oakland,CA 94621 Inspection Type: Accident Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 10/07/2016 Close Case: Related Activity: Type ID Safety Health Accident 1081839 Case Status: PENDING ABATEMENT OF VIOLATIONS Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 2 2 4 Current Violations 2 2 4 Initial Penalty $36,000 $0 $0 $1,685 $0 $37,685 Current Penalty $36,000 $0 $0 $1,685 $0 $37,685 FTA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent 1. 01001 Other 1511(B) 10/07/2016 10/26/2016 $560 $560 $0 Z-Issued 2. 01002 Other 5042(A)(9) 10/07/2016 10/26/2016 $1,125 $1,125 $0 Z-Issued 3. 02001 Serious 3385(A) 10/07/2016 10/19/2016 $18,000 $18,000 $0 Z-Issued 4. 03001 Serious 4999(C)(1) 10/07/2016 10/19/2016 $18,000 $18,000 $0 Z-Issued Exhibit A: Page 11 of 14 Case Status:VIOLATIONS UNDER CONTEST I Note:The following inspection has not been indicated as closed. Please be aware that the information shown may change,e.g.violations may be added or deleted. For open cases, in which a citation has been issued,the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections. Inspection: 1080515.015-Shimmick Construction Company,Inc. Inspection Information-Office:Ca Santa Ana District Office Nr: 1080515.015 Report ID: 0950631 Open Date: Case#14 07/08/2015 Shimmick Construction Company,Inc. Southbound I-5 Off-Ramp-Exit 79 To Pch/ Camino Las Ramblas Union Status: Union San Juan Capistrano,CA 92675 SIC: NAICS: 236210/Industrial Building Construction Mailing: 8201 Edgewater Dr.Suite 202,Oakland,CA 94621 Inspection Type: Referral Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 01/06/2016 Close Case: Related Activity: Type ID Safety Health Referral 1002304 Yes Case Status:VIOLATIONS UNDER CONTEST Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 3 3 Current Violations 3 3 Initial Penalty $26,770 $0 $0 $0 $0 $26,770 Current Penalty $26,770 $0 $0 $0 $0 $26,770 FTA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent 1. 01001 Serious 1509(A) 01/06/2016 $7,650 $7,650 $0 01/20/2016 2. 02001 Serious 16160001 NO3 01/06/2016 $9,560 $9,560 $0 01/20/2016 3. 03001 Serious 161600010 01/06/2016 $9,560 $9,560 $0 01/20/2016 - Case Status:CLOSED Inspection: 1061841.015-Shimmick Construction Company Inc Inspection Information-Office:Ca Long Beach District Office Nr: 1061841.015 Report ID: 0950635 Open Date:05/08/2015 Case#15 Shimmick Construction Company Inc 708 Pier A Street Wilmington,CA 90744 Union Status: Nonunion SIC: NAICS: 237990/Other Heavy and Civil Engineering Construction Mailing: 708 Pier A Street,Wilmington,CA 90744 Inspection Type: Complaint Scope: Partial Advanced Notice: N Ownership: Private Exhibit A: Page 12 of 14 Safety/Health: Health Close Conference: 06/10/2015 Close Case: 06/10/2015 Related Activity: Type ID Safety Health Complaint 982164 Yes Case Status:CLOSED Case Status:OPEN Note:The following inspection has not been indicated as closed. Please be aware that the information shown may change,e.g.violations may be added or deleted. For open cases,in which a citation has been issued,the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections. Inspection: 1059365.015-Shimmick Construction Company Inc Inspection Information-Office:Ca Santa Ana District Office Nr: 1059365.015 Report ID:0950631 Open Date: Case#16 04/21/2015 Shimmick Construction Company Inc Nb 5 Frwy Overcrossing At Las Ramblasbetween Camino De Estrella And San Juan Creek Rd Union Status: Union Undercrosss San Juan Capistrano,CA 92675 SIC: NAICS: 237990/Other Heavy and Civil Engineering Construction Mailing: 8201 Edgewater Drive,Suite 201,Oakland,CA 94621 Inspection Type: Referral Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 10/01/2015 Close Case: Related Activity: Type ID Safety Health Referral 979690 Yes Case Status:OPEN Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 2 1 3 Current Violations 2 2 Initial Penalty $15,300 $0 $0 $475 $0 $15,775 Current Penalty $15,300 $0 $0 $0 $0 $15,300 FTA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent Deleted 1. 01001 Other 1509(A) 10/02/2015 $0 $475 $0 10/14/2015 J-AU Decision 2. 02001 Serious 1620(A) 10/02/2015 $7,650 $7,650 $0 10/14/2015 J-AU Decision 3. 03001 Serious 1712(C)(1) 10/02/2015 $7,650 $7,650 $0 10/14/2015 J-AU Decision Case Status:OPEN Note:The following inspection has not been indicated as closed. Please be aware that the information shown may change,e.g.violations may be added or deleted. For open cases,in which a citation has been issued,the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections. Inspection: 1021893.015-Shimmick-Nicholson Construction,A Joint Venture Exhibit A: Page 13 of 14 Inspection Information-Office:Ca San Francisco Nr: 1021893.015 Report ID: 0950611 Open Date: 01/30/2015 Case#17 Shimmick-Nicholson Construction,A Joint Venture 415 Mission St Union Status: Nonunion San Francisco,CA 94105 SIC: NAICS: 236220/Commercial and Institutional Building Construction Mailing: 8201 Edgewater Drive,Suite 202,Oakland,CA 94621 Inspection Type: Accident Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 01/30/2015 Close Case: Related Activity: Type ID Safety Health Accident 934258 Case Status:OPEN Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 1 2 3 Current Violations 1 1 2 Initial Penalty $9,000 $0 $0 $900 $0 $9,900 Current Penalty $9,000 $0 $0 $450 $0 $9,450 FTA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent Deleted 1. 01001 Other 1512(D) 04/29/2015 05/08/2015 $0 $450 $0 05/08/2015 J-ALI Decision 2. 01002 Other 1509(A) 04/29/2015 05/08/2015 $450 $450 $0 05/08/2015 J-ALI Decision 3. 02001 Serious 1541(A) 04/29/2015 05/04/2015 $9,000 $9,000 $0 05/08/2015 J-ALJ Decision Accident Investigation Summary Summary Nr: 70263,015 Event: 01/12/2015 Worker'S Finger Is Caught Between Wall And Debris And Requir At 8:30 p.m.on January 12,2015,Employee#1 and coworker were engaged in excavation work at a commercial building construction site. Employee#1 was removing debris from a wall damaged by an excavator and the coworker was operating the excavator.The excavator hit a static line that Employee#1 was holding onto. Employee#1's hand was caught between the static line and the wall. Emergency services were called,and Employee#1 was transported to the hospital.He was admitted and treated for fractures and lacerations to his hand.The injury to his index finger was sufficiently severe and required amputation of the finger. Keywords:wall,laceration,amputation,fracture,construction,excavation,excavator,finger,elevated work platform,caught between Inspection Degree Nature Occupation 1 1021893.015 Hospitalized Injury Cut/Laceration Construction Laborer Case Status:CLOSED Inspection:995229.015-Nova Shimmick Ajv Inspection Information-Office:San Diego Area Office Nr: 995229.015 Report ID:0936200 open Date: Exhibit A: Page 14 of 14 08/21/2014 Nova Shimmick Ajv Fuel Farm-Naysupfltlogctrsd, 199 Rosecrans St,Bldg Case #18 50 Union Status: Union San Diego,CA 92106 SIC: NAICS: 236210/Industrial Building Construction Mailing: 2907 Shelter Island Dr.,Ste#105,Pmb 132,San Diego,CA 92106 Inspection Type: Planned Scope: Complete Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 08/21/2014 Emphasis: L:Progcon,P:Progcon Close Case: 08/22/2014 Case Status:CLOSED UNITED STATES DEPARTMENT OF LABOR Occupational Safety and Health Administration 200 Constitution Ave NW Washington,DC 20210 L 800-321-6742(OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT OCCUPATIONAL SAFETY AND HEALTH ABOUT THE SITE White House Frequently Asked Questions Freedom of Information Act Severe Storm and Flood Recovery Assistance A-Z Index Privacy&Security Statement Disaster Recovery Assistance Freedom of Information Act Disclaimers DisasterAssistance.gov Read the OSHA Newsletter Important Website Notices USA.gov Subscribe to the OSHA Newsletter Plug-Ins Used by DOL No Fear Act Data OSHA Publications Accessibility Statement U.S.Office of Special Counsel Office of Inspector General https://www.os ha.gov/pls/im is/establishment.i nspection_detail?id=1399946.015&id=1323735.015&id=1339097.015&id=1325793.015&id=1302815.... 13/13 ff Ice W. A LYLES CO. Corporate P.O.Box 4377 4377 Fresno,CA 93744-4377 CONTRACTOR Telephone(559)441-1900 SL=1943 Fax(559)487-7958 Progress Through Performance www.wmlyles.com An Equal Opportunity Employer California Contractor's License No.422390 Exhibit B LEGAL,STATUTORY,AND CONTRACTUAL BASIS FOR REJECTING BID WML includes the following brief summation of legal, statutory and contractor rationale for rejecting SHIMMICK's bid: 1) Competitive bidding process is not for the protection of SHIMMICK. Universal By- Products, Inc., v. City of Modesto (1974) 43 Cal.App.3d 145, concerning competitive bidding, provides that, "The competitive bidding statutes are not intended to be for the benefit of bidders, but for the benefit and protection of the public"; 2) SHIMMICK generally has no legal right to compel acceptance of its bid. "...the call for bids and the law confer on the awarding authority the duty of exercising its judgment as to whether it is in the best interests of the public entity to award the contract in question to the lowest bidder" and "[c]onsequently, the lowest qualified bidder generally has no legal right to compel acceptance of his or her bid" (Baldwin-Lima-Hamilton Corp. v. Superior Court, 1962, 208 Cal.App.2d 803); 3) SHIMMICK's bid can be rejected on the basis of lack of responsibility. Inglewood-L.A. County Civic Center Auth. V. Superior Court(1972) 7 Cal.3d 861, a contract must be awarded to the lowest bidder unless it is found that he is not responsible,i.e.,not qualified to do the particular work under consideration; 4) Raymond v. Fresno City Unified School Dist. (1954) 123 Cal.App.2d 626,in discussing the ability of a municipal governments ability to determine responsibility, the court noted "The term`lowest responsible bidder'has been held to mean the lowest bidder whose offer best responds in quality,fitness,and capacity to the particular requirements of the proposed work;and that where by the use of these terms the council has been invested with discretionary power as to which is the lowest responsible bidder, having regard to the quality and adaptability of the material or article to the particular requirements of its use, such discretion will not be interfered with by the courts in the absence of direct averments and proof of fraud." 5) page 1 of the Notice Inviting Bids states that, "The Orange County Sanitation District reserves the right to reject any or all Bids...."; & 6) California Public Contract Code §1103 defines a "Responsible Bidder" as follows, ".....a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract." Statutory and case law are not the only grounds to consider in rejecting SHIMMICK's bid as OCSD clearly provided for rejecting bids in the specifications for this Project in the Notice Inviting Bids as set forth above. In summation, OCSD has the legal authority to reject SHIMMICK's bid and has announced such authority within the specifications for this Project. Corporate Office: 1210 W.Olive,Fresno,CA 93728 Bakersfield(661)387-1600 Fresno(559)268-1540 Temecula(951)973-7393 1 Rocklin(91 61 375-1833 1 Visalia(559)651-1450 Exhibit C: Page 1 of 4 1N.4 SAN T,TT W M O - 2 ` p ORANGE COUNTY SANITATION DISTRICT 9or�ct,NQ THE ENVPO��W2 NOTICE INVITING BIDS PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 The Orange County Sanitation District (OCSD) invites qualified Bidders to provide Bids for the RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Project. Bid Opening: The complete Bid shall be submitted in a sealed envelope with the Bidder's name, Project name, Project number, and the Bid due date and time clearly marked on the envelope. The envelope must also be clearly marked "Sealed Bid — Do Not Open", and delivered to: Orange County Sanitation District Attention: Clerk of the Board 10844 Ellis Avenue Fountain Valley, CA 92708 Bids shall be submitted at or before 11:00 A.M. (Pacific Time Zone), Monday, July 29, 2019. Bids will be publicly read at that time. Bids submitted via USPS or other courier service must have the Project Name, Project Number, and the words "Sealed Bid — Do Not Open" clearly marked on the outside of the mailing envelope. Bidders shall notify Jay Kaura, Contracts Administrator via electronic telecommunication (email) at construction(cD.ocsd.com of their mailing of the Bid package at least one day prior to the Bid Opening date. Bids and/or revisions to Bids received after the date and time specified above will be rejected by OCSD and returned to the Bidders unopened. Bids must be prepared and submitted in accordance with the requirements set forth in the Invitation for Bids (IFB) documents. All Bidders are required to comply with state, federal and local laws applicable thereto and as directed in the IFB documents. The Orange County Sanitation District reserves the right to reject any or all Bids and to waive or not to waive any or all irregularities. Location & Description of the Work: The Project is located at Plant 2 at 22212 Brookhurst Street, Huntington Beach, CA 92646. The Work consists of the removal and replacement of approximately 1,400 linear feet of the deteriorated Returned Activated Sludge (RAS) piping, valves, valve actuators and associated wiring, flexible couplings, pipe supports, and the installation of twelve (12) new 14-inch isolation valves. In addition, concrete repairs will be made by full penetration cracking, by drilling through the defect, and injecting expanding polyurethane to fill the voids. Finally, existing light poles will be replaced at the activated sludge basin and secondary clarifiers. C-NIB-012519 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO.2 Page 1 of 4 Exhibit C: Page 2 of 4 IB-11 ESCROW OF BID DOCUMENTS Refer to the Special Provisions entitled ESCROW OF BID DOCUMENTS. IB-12 REQUEST FOR COPIES OF BIDS Requests for copies of Bids shall be made in writing via electronic telecommunication (email) at constructionaocsd.com. Electronic copies of bids so requested will be provided by OCSD within three (3) Business Days of receipt of the request. IB-13 BID EVALUATION PROCESS A. General 1. The Bid evaluation period shall close upon OCSD's completion of its review and evaluation of the Bids. OCSD will give Bidders notice at the completion of Bid evaluation. 2. During the Bid evaluation period, OCSD shall determine if Bids are Responsive and Bidders are Responsible. Bids submitted in strict accordance with the IFB Documents will be deemed Responsive. A Responsible Bidder has the apparent ability to meet and successfully complete the requirements of the Contract Documents. Responsibility determination includes, but is not limited to consideration of a Bidder's trustworthiness, the quality of past performance, financial ability, and the fitness and capacity to do the proposed Work in a satisfactory manner. Bidder may be required to present further evidence that it has successfully performed similar work of comparable magnitude or provide other proof satisfactory to OCSD that it is competent to successfully perform the Work. In addition to contacting the references provided by the Bidder, OCSD may, and retains its right to contact other project owners and such other entities for which Bidder has performed or is performing work. Determination of the Bidder's responsibility will be judged based on all of the aforementioned criteria as established by information and documentation provided by the Bidder in response to instructions and specific questions in the IFB Documents, including but not limited to the Bid Submittal Forms. If the Bidder is a Joint Venture, Bidder shall be required to submit information pertaining to its joint venture partners, as specified in the Bid Submittal Forms. B. Safety 1. All Safety evaluations will be performed utilizing data that is current at the date and time of Bid Opening. 2. For purpose of evaluating the Safety record of the Bidder, if the Bidder has any Serious, Willful, Repeat, Serious and Willful or Failure to Abate citations pursuant to Part 1 of Division 5 of the Labor Code and has not taken appropriate corrective action to abate further such violations; or if the Bidder has an accident frequency factor between 1.01 and 1.25 and has not taken appropriate corrective action to reduce its accident frequency experience; or if the Bidder has a workers' compensation experience modification rate issued and published by the Workers' C-IB-092118 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO.2 Page 7 of 22 Exhibit C: Page 3 of 4 Compensation Insurance Rating Bureau of California (WCIRB) between 1.01 and 1.25 and has not taken appropriate corrective action to reduce its workplace injuries, illnesses and workers' compensation losses, or if the Bidder does not have injury prevention programs instituted to the extent required by Section 3201.5 or 6401.7 of the Labor Code, the Bidder may be deemed Not Responsible and its Bid rejected. OCSD may require the Bidder to submit evidence of such corrective actions as described above and as specified in the SAFETY DECLARATION OF CONTRACTOR located in the Bid Submittal Forms. 3. If the Bidder has an accident frequency factor above 1.25 or a workers' compensation experience modification rate issued and published by the Workers' Compensation Insurance Rating Bureau of California (WCIRB) above 1.25, the Bid shall be deemed Non-Responsive and the Bid rejected. 4. Failure by the two (2) apparent low Bidders to submit a completed Workers' Compensation Experience Rating Form (also referred to as an Experience Rating Worksheet) and/or the completed and signed CAL/OSHA 300/300A Logs and Summaries within three (3) Business Days after the Bid Opening, or provide the reason(s) for exemption, as required, may result in their Bids being rejected as Non- Responsive. Should the two (2) apparent low Bidders fail to meet OCSD's requirements, the next apparent low Bidder(s) shall be notified to submit the said documentation within the three (3) Business Day time frame for OCSD review. 5. Accident Frequency Factor OCSD will evaluate the Bidder's accident frequency factors for each calendar year submitted on the CAL/OSHA 300/300A Logs and Summaries and its three (3) year average using the Accident Frequency Factor tables shown below. Prior to completing Part 5 BID SUBMITTAL FORMS, BF-6 SAFETY DECLARATION OF CONTRACTOR (Safety Declaration) located in the Bid Submittal Forms, the Bidder shall calculate its accident frequency factors for each calendar year listed and its three (3) year average using the Accident Frequency Factor tables below. The results of those calculations should be used to respond to the Accident Frequency question on the Declaration. a) Total Recordable Incident Rate Calculation Table Using the OSHA Form 300 and 300A logs and the table below, the Total Recordable Incident Rate (TRIR) is calculated for the past three (3) completed calendar years and three (3) year average in the table below. (Please see the California Department of Industrial Relations (DIR) website for more detailed information) C-I B-092118 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 8 of 22 Exhibit C: Page 4 of 4 Bid Submitted By: (Name of Firm) BF-6 SAFETY DECLARATION OF CONTRACTOR The CONTRACTOR shall complete this form in its entirety and submit it to OCSD with its Bid in accordance with the Part 2— Instructions to Bidders section entitled "Bid Evaluation Process". Prior to submitting its Bid, the CONTRACTOR shall safety pre-qualify each of its Subcontractors. The CONTRACTOR shall require each of its Subcontractors to complete Items 5-9 of this form, execute and submit the form to the CONTRACTOR in accordance with the Part 2—Instructions to Bidders section entitled "Bid Evaluation Process". CONTRACTOR certifies the following (check the appropriate box): 1. Does the CONTRACTOR have any Serious, Willful, Repeat, Serious and Willful, or Failure to Abate citations of Part 1 (commencing with Section 6300)of Division 5 of the Labor Code, during the past five-year period? ❑ No ❑ Yes SHIMMICK checked "Yes" on their bid. If Yes is checked, OCSD may require the CONTRACTOR to submit evidence of corrective actions being taken to abate further violations of Part 1 of Division 5 of the Labor Code. 2. Accident Frequency OCSD will evaluate the CONTRATOR's accident frequency factors for each calendar year submitted on the CAL/OSHA 300/300A Logs and Summaries and its three (3)year average using the Accident Frequency Factor tables as specified in the Instructions to Bidders. Prior to completing this Declaration, OCSD recommends that the CONTRACTOR calculate its accident frequency factors for each calendar year listed and its three (3)year average using the Accident Frequency Factor tables located in the Instructions to Bidders. The results of those calculations should be used to answer the following questions: OCSD requires the CONTRACTOR to have an accident frequency at or below a factor of 1.25 of the national average as published by the California Department of Industrial Relations (DIR)for the specific North American Industry Classification System (NAICS) Codes and applied to the accident history of the last three (3)years. A. Does the CONTRACTOR have an accident frequency at or below a factor of 1.00 of the state average as published by the DIR for the specific NAICS Codes and applied to the accident history for the last three (3)years? ❑ Yes OR BF-6 SAFETY DECLARATION OF CONTRACTOR C-BF-053119 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO.2 Page 1 of 7 Exhibit D: Page 1 of 4 UNITED STATES U u ► Find it in 05HA Q DEPARTMENT OF A:S' is Occupational Safety and Health Administration English Spanish OSHA- WORKER- EMPLOYER- STANDARDS- ENFORCEMENT- CONSTRUCTION- TOPIC- NEWS+RESOURCES- DATA- TRAINING- Establishment Search Results Establishment Date Range Office Zipcode State 'AJ M.Lyles Co. 07�13112014 to 07131019 all all all Please rxz1e that irucec6ons whkh an known to be i>1co zte wiC have the idenfi yrng Activity Nr shown in+7a!c.Information for the a open cases is a peciatty dyn nk..e.g. r4otatihns may be added or deleted Sort By,Date]Name I Office I State Return to Search 0 By Date Results 1-4 of 4 Get Detail I Seleci All i Reset # Activity Opened RID St Type Sc SIC NAICS Vio Establishment Name 1 139W5.015 K2412019 0950647 CA FaUCat Partial 238990 1PLPA.Lyles Co- 2 1359663.015 1111a2018 0950647 CA Accident Partial 238990 W.M.Lyles Co. 3 1318186.015 04/3012018 0950633 CA Accident Partial 236220 W M.Lyles Co i 4 1 1287613.015 01/1212018 10950625 CA Complaint Partial 236220 W.M.Lyles Co UNITED STATES DEPARTMENT OF LABOR Exhibit D: Page 2 of 4 OSHA English I Spanish Find it in OSHA CZ A TO Z INDEX OSHA- WORKER - EMPLOYER - STANDARDS - ENFORCEMENT - CONSTRUCTION - TOPIC - NEWS/RESOURCES - DATA - TRAINING - Inspection Detail Quick Link Reference 1395805.015 1 1359663.015 1 1318186.015 1 1287613.015 Case Status:OPEN Note:The following inspection has not been indicated as closed. Please be aware that the information shown may change,e.g.violations may be added or deleted. For open cases, in which a citation has been issued,the citation information may not be available for 5 days following receipt by the employer for Federal inspections or for 30 days following receipt by the employer for State inspections. Inspection: 1395805.015-W.M.Lyles Co. Inspection Information-Office:Bakersfield District Office Nr: 1395805.015 Report ID: 0950647 Open Date: 04/24/2019 W.M.Lyles Co. Gun Club Rd. &Sherwood Ave. THIS CASE INVOLVES Union Status: Union A WORKER WHO DIED Wasco,CA 93280 Wa FROM A HEART ATTACK ON THE PROJECT SITE- NAICS: 238990/AII Other Specialty Trade Contractors NOT A SAFETY RELATED Mailing: P.O. Box 80605, Bakersfield,CA 93380 DEATH Inspection Type: Fat/Cat Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: Close Case: Related Activity: Type ID Safety Health Accident 1448752 Case Status:OPEN Case Status:CLOSED Inspection: 1359663.015-W.M. Lyles Co. Inspection Information-Office:Bakersfield District Office Nr: 1359663.015 Report ID: 0950647 Open Date: 11/13/2018 W.M. Lyles Co. 5545 Harris Rd. Bakersfield,CA 93313 Union Status: Union SIC: NAICS: 238990/AII Other Specialty Trade Contractors Mailing: P.O. Box 80605,Bakersfield,CA 93380 Inspection Type: Accident Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 03/19/2019 Exhibit D: Page 3 of 4 Close Case: 03/19/2019 Related Activity: Type ID Safety Health Accident 1397511 Case Status:CLOSED Case Status:CLOSED Inspection: 1318186.015-W.M. Lyles Co Inspection Information-Office:Ca San Bernardino Nr: 1318186.015 Report ID: 0950633 Open Date: 04/30/2018 W. M. Lyles Co 59099 Sunny Slope Drive Union Status: Union Yucca Valley,CA 92284 SIC: NAICS: 236220/Commercial and Institutional Building Construction Mailing: 42142 Roick Drive,Temecula,CA 92590 Inspection Type: Accident Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 10/19/2018 Close Case: 05/14/2019 Related Activity: Type ID Safety Health Accident 1330732 Case Status:CLOSED Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 1 1 Current Violations Initial Penalty $0 $0 $0 $750 $0 $750 Current Penalty $0 $0 $0 $0 $0 $0 FfA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent Deleted 1. 01001 Other 1509(A) 10/19/2018 $0 $750 $0 10/26/2018 J-AU Decision Case Status:CLOSED Inspection: 1287613.015-W.M.Lyles Co Inspection Information-Office:Ca Fresno Nr: 1287613.015 Report ID: 0950625 Open Date: 01/12/2018 W.M. Lyles Co 6395 E. Floradora Avenue Union Status: Union Fresno,CA 93706 SIC: NAICS: 236220/Commercial and Institutional Building Construction Mailing: 315 North Thorne Avenue, Fresno,CA 93706 Inspection Type: Complaint Scope: Partial Advanced Notice: N Ownership: Private Exhibit D. Page 4 of 4 Safety/Health: Health Close Conference: 06/22/2018 Close Case: 06/28/2018 Related Activity: Type ID Safety Health Complaint 1299847 Yes Case Status:CLOSED UNITED E:D .`ETA i 6 DF:11"ARTMENTOF LABOR Occupational Safety and Health Administration 200 Constitution Ave NW Washington, DC 20210 t.800-321-6742(OSHA) i TTY www,OSHA.gov l {i FEDERAL GOVERNMENT OCCUPATIONAL SAFETY AND HEALTH ABOUT THE SITE White House Frequently Asked Questions Freedom of Information Act Severe Storm and Flood Recovery Assistance A-Z Index Privacy&Security Statement Disaster Recovery Assistance Freedom of Information Act Disclaimers i DisasterAssistance.gov Read the OSHA Newsletter Important Website Notices USA,gov Subscribe to the OSHA Newsletter Plug-Ins Used by DOL No Fear Act Data OSHA Publications Accessibility Statement U.S. Office of Special Counsel Office of Inspector General 1 #1 ii l i i { I https://www.osha.gov/pis/imis/establishment.inspection_detail?id=1395805.015&id=1359663.015&id=1318186.015&id=1287613.015 313 8/12/2019 Muni officials to step up background checks on contractors-SFChronicle.com Exhibit E: Page 1 of 5 :;i+ fi In Local Sporting Green Politics Biz+Tech US&World Opinion Datebook Food Lifestyle vault: Ar contractors Megan Cassidy and Lauren Hernandez Aug.16,2018 Updated:Aug.16,2018 9:42 p.m. The Twin Peaks Tunnel Photo:Jessica Christian/The Chronicle San Francisco Municipal Transportation Agency officials said Thursday they will beef up background checks on potential contractors following revelations that a hired contractor, Shimmick Construction, had a history of safety violations. The move comes at the direction of Mayor London Breed, less than a week after a signal technician was killed while working on the construction of the Twin Peaks`funnel. https://www.sfchronicle.com/bayarea/article/Muni-officials-to-step-up-background-checks-on-13162686.php?t=29d49887c6 1/6 8/12/2019 Muni officials to step up background checks on contractors-SFChronicle.com Exhibit E: Page 2 of 5 Sign In Local Sporting Green Politics Biz+Tech US &World Opinion Datebook Food Lifestyle Vault: Ai Unlimited Digital Access for 954 Read more articles like this by subscribing to the San Francisco Chronicle SUBSCRIBE Until now, SFMTA officials said their application process counted on potential bidders to truthfully respond to a prequalification questionnaire. "The SFMTA uses an industry-wide standard that takes into account their workers' compensation claims compared to the size of its overall operations," SFMTA spokesman Paul Rose said in an email. "These contractors represented that they met those requirements." Related Stories L0CAL r,.07 LOCAL BY SARAH RAVANI BY STEVE RUBENSTEIN BY RACH Construction worker dies while Muni contractor killed by steel Twin] working in Twin Peaks Tunnel in beam in Twin Peaks Tunnel... comps SF shortf Rose pointed to a pre-bidding document that asked Shimmick Construction officials and a business partner, "In the past ten years, has the Potential Bidder... been cited for any serious and willful safety violations by Cal-OSHA?"The company checked the box for "no." https://www.sfchronicle.com/bayarea/article/Muni-officials-to-step-up-background-checks-on-13162686.php?t=29d49887c6 2/6 8/12/2019 Muni officials to step up background checks on contractors-5FChronicle.com Exhibit E: Page 3 of 5 ;;i�1ft I i Local Sporting Green Politics Biz+Tech US&World Opinion Datebook Food Lifestyle Vault: Ar In one case it's appealing, a Shimmick Construction employee lost control of a forklift in November 201.6 and died after getting ejected and pinned against a dirt wall, according to OSHA. Shimmick Construction was cited for six violations — three of which were serious — resulting in a fine of$48,400. Records show at least one "serious/willful." violation was upheld by an appeals board following what Cal/OSHA described as a dangerous excavation in 2011. Shimmick Construction's history was first reported by the San Francisco Examiner and NBC Bay Area. In an email Thursday afternoon, Rose said the department will now start fact-checking the bidders' safety backgrounds. "Rather than rely on information from potential contractors, we are taking steps now to change the policy and ensure that we verify details in the pre-bid documents going forward," he wrote. Last Friday, 51-year.-old Patrick Ricketts was struck by a steel beam at the West Portal side of the 2.3-mile Twin Peaks Tunnel, officials said. Ricketts was pronounced dead at San Francisco General Hospital. Ca[/OSHA citations against Shimmick Construction Nov. 16, 2016: A forklift employee died when he was ejected and pinned between the vehicle and a wall. Cal/OSHA cited Shimmick for six violations and imposed a$48,400 fine. Shimmick is appealing the case. July 8, 2015:Ca1/OSHA issued three citations for violations of its Injury and Illness Prevention Program for construction workers, and imposed a$26,770 fine, which Shimmick is appealing. https://www,sfchronicle.com/bayarea/article/Muni-officials-to-step-up-background-checks-on-13162686.php?t=29d49887c6 3/6 8/12/2019 Muni officials to step up background checks on contractors-SFChronicle.com Exhibit E: Page 4 of 5 Local Sl)ortilig Green Politics Biz+Tech US&World Opinion Datebook Food Lifestyle Vault: Ar Jan. 12, 201_S: An employee's hand was severely injured during an excavation that Shimmick and another construction company were working on. Both companies were cited with two violations and fined $9,450. The case is still open. Feb. 6,2014:Cal/OSHA issued three citations for violations of a standard that requires testing and examination of cranes and other hoisting equipment. Shimmick was fined $2,700 and the case was closed a year later. May 9, 2012: An employee was severely injured by a pipe, resulting in a citation for a health and safety violation and a $450 fine. The case closed two years later. .Jan. 25, 2012: Cal/OSHA imposed a $750 fine for six safety violations by Shimmick and I another company in a case that closed more than a year later. August 2011: Cal/OSFIA fined Shimmick and another company$67,500 for a"willful" violation of a standard related to a bridge, tunnel, and/or elevated highway construction. The case closed in 2015. March 2011: Cal/OSHA fined Shimmick and another company$197,)75 for 14 violations, including some related to heavy construction and control of hazardous substances. The case remains open. Source: Cal/OSHA Work inside the 100-year-old light rail tunnel was suspended while the accident was investigated, and resumed the following day. The tunnel has been closed for service since June 25, and is scheduled to reopen this month. Rose said SFMTA plans to complete the$41.million project on time, and will continue to j use Shimmick Construction's services. i In a statement released this week, the spokesman for Oakland-based Shimmick Construction said the company's responses to the city's questionnaire were "accurate," and that"safety is core to everything we do." https:llwww.sfclironicle.com/bayarealarticlelMuni-officials-to-step-up-background-checks-on-13162686.php?t=29d49887c6 416 8/12/2019 Muni officials to step up background checks on contractors-SFChronicle.com Exhibit E: Page 5 of 5 In Local Sporting Green Politics Biz+Tech US &World opinion Datebook Food Lifestyle Vault: Ar Bidding qualification standards in San Francisco may differ by department, but officials from at least one other city entity said they're also reviewing their policies. In the San Francisco Public Utilities Commission questionnaire, contractors are required to sign under penalty of perjury that their answers are true to their knowledge, according to press secretary Will Reisman. Reisman said PUC staff review all responses and verify portions of those answers,but added: "We are currently updating our processes to ensure that all safety answers on the j I questionnaire are verified." The review process began in July, and was not in response to the Muni death, Reisman said. I Megan Cassidy and Lauren Hernandez are San Francisco Chronicle staff writers. Email. j megan.cassidy0sfchronicle.com and lauren.hernandez@sfchronicle.com Twitter: @meganrcassidy @LaurenPorFavor TOP i a `s ABOUT 1 our Company Advertising i Ad Choices Privacy Policy Careers Your Privacy Rights Terms of Use Your California Privacy Rights CONTACT Customer Service News Tips i FAQ Homepage Redesign Feedback Newsroom Contacts https;//www.sfchronicle.com/bayarea/article/Muni-officials-to-step-up-background-checks-on-13162686.php?t=2gd49887c6 516 Shimmick Violation Summary Period 8/2014 to 8/2019 EXHIBIT F Date Status Standard Cited Multiple Violations Penalty Note 2019 5/10/2019 Open Accident No further Information provided 2018 8/27/2018 Closed Other 3203(A)(4)General Industry Accident Prevent Program $ 410.00 8/10/2018 Violation Under Contest Serious 3203(A)(4)General Industry Accident Preven Program $ 25,000.00 Fatality Serious 4991(A) $ 25,000.00 Serious 8473(A) $ 7,650.00 Serious 8473(A) $ 7,650.00 6/21/2018 Closed Referral 3/20/2018 Violation Under Contest Serious 1509(A)(18B-CA)Construc,Accident Preven Program $ 18,000.00 Fractures to leg tibia and fibula Serious 4981 C $ 18,000.00 2017 9/11/2017 Closed Planned 7/19/2017 Closed Serious 19260250 A01 General requirements for storage $ 11,408.00 $10,500 penalty paid 7/11/2017 Clsoed Other 19260405 G021V Wiring methods,c components,and equipment for ger $ 4,889.00 $4,889 penalty paid 1/24/2017 Other 5001 E $ 300.00 Fingers amputation 2016 11/21/2016 Violation Under Contest Other 43000029 B01 $ 400.00 other 3650(T)(15) $ 600.00 Other 3650(T)(33) $ 600.00 Serious 3328(A)(2)(18B-CA)Servicing Multi-?Single Piece Wheel Rims $ 14,400.00 Fatality Serious 3650(T) $ 14,400.00 Serious 3650(T)(11) $ 18,000.00 10/21/2016 Violation Under Contest Serious 296-155-53408(2)(D)(I) $ 4,800.00 Serious 296-155-53401(5)(1) $ - Other 296-155-53401(5)(A) $ - Other 296-155-53401(5)(G) $ - 7/29/2016 Closed Planned 4/20/2016 Pending Abatement Other 1511(B) $ 560.00 of Violations Other 5042(A)(9) $ 1,125.00 Serious 3385(A) $ 18,000.00 Serious 49990(1) $ 18,000.00 2015 7/8/2015 Violation Under Contest Serious 1509(A)(18B-CA)Construc,Accident Prevention Program $ 7,650.00 Serious 16160001 NO3 $ 9,560.00 Serious 161600010 $ 9,560.00 5/8/2015 Closed Complaint 4/21/2015 Open Other 1509(A)(18B-CA)Construc,Accident Prevention Program $ 475.00 Serious 1620(A) $ 7,650.00 Serious 1712 C(1) $ 7,650.00 1/30/2015 Open Other 1512(D) $ 450.00 Other 1509(A)(18B-CA)Construc,Accident Prevention Program $ 450.00 Serious 1541(A) $ 9,000.00 Partial finger amputation 2014 8/21/2014 Closed Planned CSC n"N General Engineering Contractor AUGUST 20T", 2019 VIA ELECTRONIC MAIL ONLY Mr. Jay Kaura Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708 construction@ocsd.com Re: Return Activated Sludge Pipinq Replacement At Plant No. 2 Project No.: P2-123 Bid Date: July 29, 2019 Low Bidder: Shimmick Construction Company, Inc. Dear Mr. Kaura: 1. Introduction This is the response of Shimmick Construction Company, Inc. ("SCCI") to W.M. Lyles Co.'s ("Lyles") letter dated August 13, 2019 concerning the above Project. Shimmick is the most responsible low bidder who bid the Project. Lyles' contrary assertions are without merit because the OSHA citations in support of its protest against SCCI are either still pending appeal or are open. The remaining OSHA citations, and most serious safety accidents listed in Lyles' protest were not against SCCI. As detailed in its bid package, SCCI either has performed or is performing six major contracts worth $219,485,243.00 of work over the past twelve years for the Orange County Sanitation District ("District"). There have been no OSHA reportable safety incidents on any of those projects. SCCI is a qualified and responsible bidder for the Project. The District should reject Lyles' protest and proceed to award the Project to the lowest responsive and responsible bidder: SCCI. 2. Brief Factual Summary A. Bids Received On July 29, 2019, the District received bids for the Project. SCCI was the low bidder by $551,759.65, as detailed in the following table of the top three bidders: 530 Technology Drive Suite 300 .Irvine, CA 92618 . Phone(949) 333-1500 . Fax(949) 333-1510 8201 Edgewater Drive, Suite 202 9 Oakland, CA 94621 9 Phone (510) 777-5000 . Fax (510) 777-5099 SH F K CO ION General Engineering Contractor Bidder Bid Spread SCCI $6,042,110.35 Lyles $6,593,870.00 $551,759.65 Kiewit Infrastructure West, $6,843,000.00 $800,889.65 Co. B. The District's Responsibility Specification The District included within the Invitation to Bids the following definition of responsible bidder: A responsible bidder has the apparent ability to meet and successfully complete the requirements of the Contract Documents. Responsibility determination includes, but is not limited to consideration of a Bidder's trustworthiness, the quality of past performance, financial ability, and the fitness and capacity to do the proposed work in a satisfactory matter. (Invitation to Bid, p. 7, § 13-A(2).) Aside from the bidder's safety record, the District would consider at least five other categories of responsibility. C. Lyles' Protest On August 13, 2019, Lyles protested award to SCCI on the basis that SCCI is not a safe contractor and, therefore, not responsible to perform the work. In support, Lyles attached an OSHA report detailing various OSHA citations SCCI had received in the last five years. As detailed below, Lyles' protest is misleading and without merit. The most serious violations were not attributed to SCCI, but rather joint ventures of which SCCI was a member. Further, aside from the alleged safety infractions, Lyles does not dispute SCCI's, "trustworthiness, the quality of [SCCI's] past performance, financial ability, [or SCCI's] fitness and capacity to do the proposed work in a satisfactory matter," which are the other categories considered for responsibility. The District should reject Lyles' protest and award the Project to the lowest responsive and responsible bidder: SCCI. 3. Legal Standard "A bidder is responsible if it can perform the contract as promised. A bid is responsive if it promises to do what the bidding instructions require." (MCM Const., Inc. V. City & Cty. of San Francisco (1998) 66 Cal.App.4th 359, 368, internal citations omitted.) "In the usual case, the determination that a bid is nonresponsive is not based on disputed facts, does not involve an exercise of agency discretion, and does not require a hearing for the excluded bidder." (D.H. Williams Constr., Inc. v. Clovis Unified Sch. Dist. (2007) 146 530 Technology Drive Suite 300 .Irvine, CA 92618 . Phone (949) 333-1500 . Fax (949) 333-1510 8201 Edgewater Drive, Suite 202 . Oakland, CA 94621 . Phone (510) 777-5000 9 Fax (510) 777-5099 SH CK CO S TION General Engineering Contractor Cal.App.4th 757, 764.) However, "[a] determination that a bidder is responsible [or not] is a complex matter dependent, often, on information received outside the bidding process and requiring, in many cases, an application of subtle judgment." (Ibid.) "[A]s in most due process cases, we believe the remedy must permit the agency to properly consider the issues in a due process hearing, and then to exercise the discretion vested in the agency by statute." (Ibid.) Public bids: [M]ust be evaluated from a practical rather than a hypothetical standpoint, with reference to the factual circumstances of the case. They must also be viewed in light of the public interest, rather than the private interest of a disappointed bidder. 'It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal or license application of the low bidder after the fact, [and] cancel the low bid on minor technicalities, with the hope of securing acceptance of his, higher bid. Such construction would be adverse to the best interests of the public and contrary to public op Ijcy.' (MCM Const., Inc. v. City & Cty. of San Francisco (1998) 66 Cal.App.4th 359, 370.) There is no dispute that SCCI's bid is responsive. There should also be no doubt that SCCI is a responsible bidder. To the extent Lyles maintains the District must reject SCCI's bid on issues of non-responsibility, SCCI is entitled to a due process hearing before the District to establish its responsibility. As detailed below, a hearing is not necessary, because SCCI is a responsible bidder. 4. Lyles' Protest Is Without Merit and Should Be Summarily Rejected A. Lyles' OSHA Citations Do Not Establish Non-responsibility OSHA violations are not final unless and until all pending appeals have been exhausted and a final ruling has been issued on the violation. All of SCCI's OSHA violations listed in Lyles' protest are either still open or pending appeal. Thus, while SCCI was required to list the citations in its bid, the underlying violations themselves are still being contested and thus, cannot be counted against SCCI's safety record. Further, 11 of the 18 remaining OSHA citations were not cited to SSCI, but rather to firms who were joint venturers of which SCCI was a member. Since those citations were not against SSCI, they cannot be counted towards SCCI's safety record. It is noteworthy that those citations not filed against SCCI include one fatality, a fractured arm and leg, and the partial amputation referenced in Lyles' protest. Lyles cites to no other objective evidence that would characterize SCCI as unsafe because that evidence refutes Lyles' accusation. As SCCI listed in its bid, it has an accident frequency below a factor of 1.00, workers' compensation EMR below 1.00, and has the requisite injury prevention programs in place. SCCI is a responsible bidder. The District should reject the misleading and meritless 530 Technology Drive Suite 300 .Irvine, CA 92618 . Phone (949) 333-1500 . Fax(949) 333-1510 8201 Edgewater Drive, Suite 202 . Oakland, CA 94621 . Phone (510) 777-5000 . Fax(510) 777-5099 SH CK CO TION General Engineering Contractor protest of Lyles and award the Project to the lowest responsive and responsible bidder SCCI. B. California Will Defer to the District's Discretion to Award to SCCI Although Lyles' protest should be summarily rejected, it is noteworthy that any challenge to the District's decision to award to SCCI will fail. That is because California law affords vast discretion to awarding agencies in competitive bids. The review of agency decisions is "limited to an examination of the proceedings to determine whether the [District's] actions were arbitrary, capricious, entirely lacking in evidentiary support or inconsistent with proper procedure. There is a presumption that the [District's] actions were supported by substantial evidence, and [petitioner/plaintiff] has the burden of proving otherwise. [Courts] may not reweigh the evidence and must view it in the light most favorable to the [District's] actions, indulging all reasonable inferences in support of those actions." (Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4th 1181, 1187.) Here, SCCI is the lowest bidder. SCCI has been determined responsible on every District project it has ever worked on. That is why SCCI has performed or is performing $219,485,243.00 of work with the District. Doubtless, SCCI is a responsible bidder. The District should reject the meritless protest of Lyles and award the Project to the lowest responsive and responsible bidder: SCCI. 5. Conclusion It is undisputed SCCI submitted a responsive bid. SCCI a responsible bidder. Lyles wrongly references nonbinding OSHA citations—most of which were not cited to SCCI—to support its self-serving protest. Public bids "must be evaluated from a practical rather than a hypothetical standpoint, with reference to the factual circumstances of the case. They must also be viewed in light of the public interest, rather than the private interest of a disappointed bidder." (MCM Const., Inc. v. City & Cty. of San Francisco (1998) 66 Cal.App.4th 359, 370.) Here, SCCI complied with the bid documents and submitted the lowest bid. Lyles' bid protest is without merit and against public policy. The District should reject Lyles' protest and award the Project to the lowest responsive and responsible bidder: SCCI. Please contact us with any questions and please notify us of any response from Lyles and/or public hearing for consideration of this matter. Thank you. Sincerely, Brad Fales Deputy Director, Electrical Division 530 Technology Drive Suite 300 .Irvine, CA 92618 . Phone (949) 333-1500 . Fax (949) 333-1510 8201 Edgewater Drive, Suite 202 9 Oakland, CA 94621 9 Phone (510) 777-5000 . Fax (510) 777-5099 Serving: Orange County Sanitation District Anaheim 10844 Ellis Avenue,Fountain Valley,CA 92708 714.962.2411 • www.ocsd.com Brea Buena Park August 23, 2019 Via Email: psaleen@wmlylesco.com Cypress & overnight mail Fountain Valley Robert P. Saleen W.M. Lyles Co. Fullerton 1210 West Olive Avenue Fresno, CA 93728 Garden Grove Huntington Beach SUBJECT: OCSD Response to W.M. Lyles Co.'s Award Protest Irvine Re: Project No. P2-123, Return Activated Sludge Piping Replacement at Plant No. 2 La Habra La Palma This letter serves as the Orange County Sanitation District's ("OSCD") response to Los Alamitos the Award Protest Statement ("Protest") filed by W.M. Lyles Co. ("W.M. Lyles") on August 13, 2019. The Protest challenges the recommendation that OCSD award Newport Beach the contract for the above-referenced project (the "Contract") to Shimmick Construction Company, Inc. ("Shimmick"). Orange W.M. Lyles alleges that Shimmick is not a responsible and/or qualified contractor Placentia due to Shimmick's past safety violations. W.M. Lyles cites various OSHA Reports Santa Ana and accidents occurring on Shimmick projects to support this assertion. W.M. Lyles contends that Shimmick's purported inability to maintain safe work sites indicates Seal Beach that Shimmick is not a responsible bidder within the meaning of the California Public Contract Code ("PCC"), so OCSD should reject Shimmick's bid. W.M. Lyles further Stanton asserts that the requested disqualification would comport with sound public policy. Tustin OCSD has reviewed the Protest and all necessary facts and written materials Villa Park submitted, including the Protest response letter received from Shimmick on August 20, 2019, and hereby denies the relief requested based on the following: County of Orange Costa Mesa Bidder Responsibility Sanitary District Under California's competitive bidding laws, public agencies must award a public Midway City works contract to the lowest bidder unless the agency finds the bidder is non- Sanitary District responsible. (City of Inglewood-L.A. Cnty. Civic CenterAuth. v. Superior Ct. (1972) Irvine Ranch 7 Cal.3d 861, 867.) The PCC defines a responsible bidder as "a bidder who has Water District demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract." (PCC § 1103.) Yorba Linda Water District Determining whether a bidder is responsible is "a complex matter dependent, often, on information received outside the bidding process and requiring, in many cases, o SA,,,r„o/ the application of subtle judgment." (Taylor Bus Service, Inc. v. San Diego Bd. of Educ. (1987) 195 Cal.App.3d 1331, 1341-42.) Moreover, agencies may not employ concepts of relative superiority when making this responsibility determination. (Great West Contractors, Inc. v. Irvine Unified School Dist. (2010) 187 Cal.App.4th �- - �- 1425, 1452.) A low bidder may not be deemed non-responsible simply because �J '1 another bidder is more qualified or more responsible. Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. O�J�j v SAW Tg r/o'Y 2 O� Q 9 t ci -o ti cr/N� THE EN��QO Robert P. Saleen Page 2of3 August 23, 2019 Shimmick is a Responsible Bidder The Protest urges OCSD to find Shimmick non-responsible due to various accidents and safety incidents occurring on Shimmick projects. For the reasons stated below, OCSD believes these incidents provide an insufficient basis for finding Shimmick unable to satisfactorily perform this project. First, many of the incidents cited in the Protest are not considered final for legal or administrative purposes as they are still open or pending appeal. In order to afford bidders full due process protections and allow the OSHA investigation and enforcement process to run its course, OCSD typically does not consider such incidents when evaluating a bidder's safety qualifications. Second, several of the incidents identified in the Protest were not cited against Shimmick specifically, but rather against several of Shimmick's partners on joint venture projects. OCSD believes it is inappropriate to attribute these incidents to Shimmick without additional information. Third, OCSD believes that the PCC and public policy behind California's competitive bidding laws prohibit public agencies from finding a bidder non-responsible for safety reasons unless the bidder demonstrates a clear and consistent pattern of significant safety violations or an inability to take appropriate safety precautions. This is especially true where, as here, the bidder meets the minimum safety qualifications of the IFB. Based on our review of the facts presented and OCSD's own investigation of these matters, OCSD does not believe the incidents cited by W.M. Lyles meet this high standard. Simply put, the fact that a large contractor like Shimmick has had safety incidents in the past is not sufficient justification to find the contractor non-responsible. To be sure, a contractor's repeated failure to proactively address safety concerns may indicate that the bidder is not responsible, but OCSD does not find this to be the case here. OCSD has investigated the corrective actions taken by Shimmick following the violations cited in Shimmick's bid and finds these corrective actions acceptable. Moreover, Shimmick's accident frequency rate is below the industry average and OCSD has not encountered significant safety concerns on other OCSD projects performed by Shimmick. For all these reasons, OCSD does not believe that Shimmick's past safety violations and performance history warrant a finding of non-responsibility for this project. 4�JNSv SANI TqT Oy i = 9 Q � \ n 0 90r ��2 FCr'NC THE EN�QQ, Robert P. Saleen Page 3 of 3 August 23, 2019 Determination OCSD has reviewed the Protest and all accompanying facts and documents and finds that Shimmick is a responsible bidder for the above-referenced project. Accordingly, OCSD respectfully rejects W.M. Lyles' Protest. OCSD will proceed to recommend award of the Contract to the lowest responsive and responsible bidder, Shimmick Construction Company, Inc., at the Board of Directors Meeting on September 25, 2019. Tb Ruth Zintzun Contracts & Purchasing Manager Se►ving: Orange County Sanitation District Anaheim 10844 Ellis Avenue, Fountain Valley,CA 92708 714.962.2411 • www.ocsd.com Brea Buena Park August 8, 2019 Via Email: psaleen@wmlylesco.com & Overnight Mail Cypress Fountain Valley Robert P. Saleen, Senior Vice President Fullerton W.M. Lyles Co. 1210 W. Olive Avenue Garden Grove Fresno, CA 93728 Huntington Beach SUBJECT: Award Recommendation Notice Irvine Re: Project No. P2-123 La Habra Return Activated Sludge Piping Replacement at Plant No. 2 La Palma The Orange County Sanitation District (OCSD) completed its evaluation of the Bids Los Alamitos submitted in response to the Invitation for Bids for the above-referenced Project. Newport Beach The lowest responsive, responsible Bidder is Shimmick Construction Co., Inc. Orange Staff's recommendation for Contract award will be included as an item on OCSD's Operations Committee agenda. Placentia Santa Ana The Operations Committee Meeting is scheduled for: Seal Beach Date: September 4, 2019 Time: 5:00 p.m. (Pacific Time Zone) Stanton Location: Orange County Sanitation District Board Room, Administration Building Tustin 10844 Ellis Avenue Villa Park Fountain Valley, CA 92708 County of orange If approved by the Operations Committee, the award recommendation will be forwarded to OCSD's Board of Directors for Contract award. Costa Mesa Sanitary District The Board of Directors Meeting is scheduled for: Midway City Date: September 25, 2019 Sanitary District Time: 6:00 p.m. (Pacific Time Zone) Irvine Ranch Location: Orange County Sanitation District Water District Board Room, Administration Building 10844 Ellis Avenue Yorba Linda Fountain Valley, CA 92708 Water District '04O i r I 9 9�'^c oaa�a Revision 110218 THE E"��Q Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. 4OJNtY SANITgTO" V N� 2 y Q ¢ e O - THE ENv`QOa Robert P. Saleen Page 2 August 8, 2019 The Final Agenda Report will be posted not less than 72 hours prior to the Board of Directors and/or Operations Committee Meeting. Should you wish to determine if the item has been placed on the agenda, please contact the Clerk of the Board at (714) 593-7433. .l Jay Kaur/a Contracts Administrator JSK:ms cc: K. Millea, R. Leon, Y. Dake, K. Lore, N. Dubrovski, Contract file 2.7 Revision 110218 PART A CONTRACT AGREEMENT C-CA-022619 TABLE OF CONTENTS CONTRACT AGREEMENT SECTION - 1 GENERAL CONDITIONS..................................................................1 SECTION - 2 MATERIALS AND LABOR.................................................................4 SECTION - 3 PROJECT..........................................................................................4 SECTION -4 PLANS AND SPECIFICATONS ........................................................5 SECTION - 5 TIME OF COMMENCEMENT AND COMPLETION ..........................5 SECTION - 6 TIME IS OF THE ESSENCE .............................................................5 SECTION - 7 EXCUSABLE DELAYS......................................................................6 SECTION - 8 EXTRA WORK...................................................................................6 SECTION - 9 CHANGES IN PROJECT...................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT .........................7 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ..............................................................................................9 SECTION - 13 COMPLETION................................................................................. 10 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION....................... 10 SECTION - 15 SURETY BONDS ............................................................................ 12 SECTION - 16 INSURANCE.................................................................................... 13 SECTION - 17 RISK AND INDEMNIFICATION.......................................................22 SECTION - 18 TERMINATION................................................................................22 SECTION - 19 WARRANTY....................................................................................23 SECTION - 20 ASSIGNMENT.................................................................................24 SECTION - 21 RESOLUTION OF DISPUTES ........................................................24 SECTION - 22 SAFETY & HEALTH ........................................................................24 SECTION - 23 NOTICES.........................................................................................25 C-CA-022619 CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 THIS AGREEMENT is made and entered into, to be effective, this September 25, 2019, by and between Shimmick Construction Co., Inc., hereinafter referred to as "CONTRACTOR" and the Orange County Sanitation District, hereinafter referred to as "OCSD". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OCSD and CONTRACTOR agree as follows: SECTION — 1 GENERAL CONDITIONS CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the Work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR's investigation of all such matters and is in no way relying upon any opinions or representations of OCSD. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions— Definitions. CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 1 of 26 1. In the event of a conflict between one Contract Document and any of the other Contract Documents, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract Documents is as follows: a. Supplemental Agreements—the last in time being the first in precedence b. Addenda issued prior to opening of Bids —the last in time being the first in precedence c. Contract Agreement d. Permits and other regulatory requirements e. Special Provisions f. General Conditions (GC) g. Notice Inviting Bids and Instruction to Bidders h. Geotechnical Baseline Report (GBR), if attached as a Contract Document i. Plans and Specifications — in these documents the order of precedence shall be: i. Specifications (Divisions 01-17) ii. Plans iii. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR's Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: a. Figured dimensions on the Contract Documents shall govern. Dimensions not specified shall be as directed by the ENGINEER. Details not shown or specified shall be the same as similar parts that are shown or specified, or as C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 2 of 26 directed. Full-size details shall take precedence over scale Drawings as to shape and details of construction. Specifications shall govern as to material and workmanship. b. The Contract Documents calling for the higher quality material or workmanship shall prevail. Materials or Work described in words, which so applied, have a well known technical or trade meaning shall be deemed to refer to such recognized standards. In the event of any discrepancy between any Drawings and the figures thereon, the figures shall be taken as correct. C. Scale Drawings, full-size details, and Specifications are intended to be fully complementary and to agree. Should any discrepancy between Contract Documents come to the CONTRACTOR's attention, or should an error occur in the efforts of others, which affect the Work, the CONTRACTOR shall notify the ENGINEER, in writing, at once. In the event any doubts or questions arise with respect to the true meaning of the Contract Documents, reference shall be made to the ENGINEER whose written decision shall be final. If the CONTRACTOR proceeds with the Work affected without written instructions from the ENGINEER, the CONTRACTOR shall be fully responsible for any resultant damage or defect. d. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to OCSD's ENGINEER, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the ENGINEER shall be final. CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 3 of 26 In all matters relating to the acceptability of material, machinery or plant equipment; classifications of material or Work; the proper execution, progress or sequence of the Work; and quantities interpretation of the Contract Documents, the decision of the ENGINEER shall be final and binding, and shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board of Directors. B. Definitions Capitalized terms used in this Contract are defined in the General Conditions, Definitions. Additional terms may be defined in the Special Provisions. SECTION — 2 MATERIALS AND LABOR CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by OCSD, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OCSD may settle such claims by making demand upon the Surety to this Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. SECTION — 3 PROJECT The Project is described as: PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 4 of 26 SECTION —4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. 132-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Said Plans and Specifications and any revision, amendments and addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. SECTION — 5 TIME OF COMMENCEMENT AND COMPLETION CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth in the "Notice to Proceed" sent by OCSD, unless otherwise specified therein and shall diligently prosecute the Work to completion within six hundred forty-four (644) calendar days from the date of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes fifteen (15) calendar days determined by OCSD likely to be inclement weather when CONTRACTOR will be unable to work. SECTION — 6 TIME IS OF THE ESSENCE Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the Work covered by this Contract with that of all other contractors, subcontractors and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with Section 5 herein. OCSD shall have the right to assert complete control of the premises on which the Work is to be performed and shall have the right to decide the time or order in which CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 5 of 26 the various portions of the Work shall be installed or the priority of the work of subcontractors, and, in general, all matters representing the timely and orderly conduct of the Work of CONTRACTOR on the premises. SECTION — 7 EXCUSABLE DELAYS CONTRACTOR shall only be excused for any delay in the prosecution or completion of the Project as specifically provided in General Conditions, "Extensions for Delay", and the General Requirements, "By CONTRACTOR or Others — Unknown Utilities during Contract Work". Extensions of time and extra compensation arising from such excusable delays will be determined in accordance with the General Conditions, "Extension of Time for Delay" and "Contract Price Adjustments and Payments", and extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with General Requirements, "By CONTRACTOR or Others — Unknown Utilities during Contract Work". OCSD's decision will be conclusive on all parties to this Contract. SECTION — 8 EXTRA WORK The Contract Price as set forth in Section 11, includes compensation for all Work performed by CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated representative of OCSD specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated Changes", and "Contract Price Adjustments and Payments". In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD shall extend the time fixed in Section 5 for completion of the Project by the number of days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by OCSD's ENGINEER. The decision of the ENGINEER shall be final. C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 6 of 26 SECTION — 9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Document, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". SECTION — 10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, "Liquidated Damages and Incentives." SECTION — 11 CONTRACT PRICE AND METHOD OF PAYMENT A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in approved Change Orders, the sum of Six Million Forty-Two Thousand One Hundred Ten Dollars and Thirty-Five Cents ($6,042,110.35) as itemized on the Attached Exhibit "A". Upon satisfaction of the conditions precedent to payment set forth in the General Requirements, Additional General Requirements and General Conditions (including but CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 7 of 26 not limited to Sections entitled "Mobilization Payment Requirements" and "Payment Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four (4) week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment for Work— General". The Total amount of Progress Payments shall not exceed the actual value of the Work completed as certified by OCSD's ENGINEER. The processing of payments shall not be considered as an acceptance of any part of the Work. C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 8 of 26 B. As used in this Section, the following defined terms shall have the following meanings: 1. "Net Progress Payment" means a sum equal to the Progress Payment less the Retention Amount and other qualified deductions (Liquidated Damages, stop payment notices, etc.). 2. "Progress Payment" means a sum equal to: a. the value of the actual Work completed since the commencement of the Work as determined by OCSD; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OCSD since the commencement of the Work as determined by OCSD; C. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. 3. "Retention Amount" for each Progress Payment means the percentage of each Progress Payment to be retained by OCSD to assure satisfactory completion of the Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions—"Retained Funds; Substitution of Securities." SECTION — 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions — "Retained Funds; Substitution of Securities." CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 9 of 26 SECTION — 13 COMPLETION Final Completion and Final Acceptance shall occur at the time and in the manner specified in the General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A- Schedule of Prices. Upon receipt of all documentation, records, and releases as required by the Contract from the CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General Conditions. SECTION — 14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime Work in the locality in which the Work is to be performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR agrees that not less than said prevailing rates shall be paid to workers employed on this C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 10 of 26 public works Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. C. Forfeiture for Violation: CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any Subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the Work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Apprentices: Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more. E. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any Subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 11 of 26 (40) hours in any one week in violation of said Article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project. F. Registration; Record of Wages; Inspection: CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e). SECTION — 15 SURETY BONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OCSD's General Counsel —one in the amount of one hundred percent (100%) of the Contract amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of the Contract amount to guarantee payment of all claims for labor and materials furnished. As changes to the Contract occur via approved Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the State Insurance Commissioner to do business in California. The Performance Bond shall remain in full force and effect through the warranty period, as specified in Section 19 below. All Bonds required to be submitted relating to this Contract must comply with California Code of C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 12 of 26 Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond shall be duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions shall be satisfied: A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by- laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. SECTION — 16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OCSD, nor shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all of the foregoing insurance coverages in force through the point at which the Work under this Contract is fully completed and accepted by OCSD pursuant to the provisions of the General Conditions, "Final Acceptance and Final Completion". Furthermore, CONTRACTOR shall maintain all of the foregoing insurance coverages in full force and effect throughout the warranty period, commencing on the date of Final Acceptance. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of OCSD by CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 13 of 26 CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, inclusive of all changes to the Contract Documents made in accordance with the provisions of the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated Changes", the following insurance in amounts not less than the amounts specified. OCSD reserves the right to amend the required limits of insurance commensurate with the CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter OCSD premises/worksite without possessing the required insurance coverage. CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties"), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between the Third Parties' insurance requirements and those set forth by OCSD herein, the requirement(s) providing the more protective coverage for both OSCD and the Third Parties shall control and be purchased and maintained by CONTRACTOR. A. Limits of Insurance 1. General Liability: Seven Million Dollars ($7,000,000) per occurrence and a general aggregate limit of Seven Million Dollars ($7,000,000) for bodily injury, personal injury and property damage. Coverage shall include each of the following: C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 14 of 26 a. Premises-Operations. b. Products and Completed Operations, with limits of at least Seven Million Dollars ($7,000,000) per occurrence and a general aggregate limit of Seven Million Dollars ($7,000,000) which shall be in effect at all times during the warranty period set forth in the Warranty section herein, and as set forth in the General Conditions, "Warranty (CONTRACTOR's Guarantee)", plus any additional extension or continuation of time to said warranty period that may be required or authorized by said provisions. C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OCSD or any other additional insured because of any SIR, deductible, or any other form of self-insurance, CONTRACTOR is obligated to assume responsibility of insurer until the deductible, SIR or other condition of insurer assuming its defense and/or indemnity has been satisfied. CONTRACTOR shall be responsible to pay any deductible or SIR. g. If a crane will be used, the General Liability insurance will be endorsed to add Riggers Liability coverage or its equivalent to cover the usage of the crane and exposures with regard to the crane operators, riggers and others involved in using the crane. CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 15 of 26 h. If divers will be used, the General Liability insurance will be endorsed to cover marine liability or its equivalent to cover the usage of divers. 2. Automobile Liabilitv: The CONTRACTOR shall maintain a policy of Automobile Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Either (1) a combined single limit of Five Million Dollars ($5,000,000) and a general aggregate limit of Five Million Dollars ($5,000,000) for bodily injury, personal injury and property damage; Or alternatively, (2) Five Million Dollars ($5,000,000) per person for bodily injury and Two Million Dollars ($2,000,000) per accident for property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. 4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a form acceptable by OCSD. 5. Worker's Compensation/Employer's Liability: CONTRACTOR shall provide such Worker's Compensation Insurance as required by the Labor Code of the State of California, including employer's liability with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 16 of 26 liability may exist, the insurance required herein shall include coverage with regard to Jones Act claims. Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OCSD in connection with the planning, development and construction of the Project. In all its insurance coverages related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged. 6. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance for pollution liability covering bodily injury, property damage (including loss of use of damaged property or property that has not been physically injured or destroyed), cleanup costs, and defense costs (including costs and expenses for investigation, defense, or settlement of claims). Coverage shall carry limits of at least Five Million Dollars ($5,000,000) and shall apply to sudden and non-sudden pollution conditions CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 17 of 26 (including sewage spills), both at the site or needed due to migration of pollutants from the site, resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants, contaminants or pollutants. If CONTRACTOR provides coverage written on a claims-made basis, OCSD has the right to approve or reject such coverage in its own discretion. If written on a claims- made basis, the CONTRACTOR warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of two years beginning from the time that the Project under this Contract is completed. 7. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums shown in this Section, OCSD requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by OCSD. At the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self- insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C. Other Insurance Provisions 1. Each such policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to contain, the following provisions: C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 18 of 26 a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all public agencies from whom permits will be obtained, and their Directors, officers, agents, and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of CONTRACTOR at or from any of the sites of OCSD in connection with this Contract, or acts and omissions of the additional insured in connection with its general supervision or inspection of said operations related to this Contract. b. Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by OCSD shall be excess only and not contributing with insurance provided under this policy. 2. Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, and that coverage shall not be cancelled for non-payment of premium except after ten (10) days prior written notice by certified mail, return receipt requested. Should there be changes in coverage or an increase in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript endorsement from its insurer giving 30 days prior notice of such an event to OCSD, or to have its insurance broker/agent send to OCSD a certified letter describing the changes in coverage and any increase in deductible or SIR amounts. The certified letter must be sent Attention: Risk Management and shall be received not less than twenty (20) days prior to the effective date of the change(s). The letter must be signed by a Director or Officer of the broker/agent and must be on company letterhead, and may be sent via e-mail in pdf format. CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 19 of 26 3. Coverage shall not extend to any indemnity coverage for the active negligence of any additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Civil Code Section 2782(b). 4. If required by a public agency from whom permit(s) will be obtained, each policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to specify by name the public agency and its legislative members, officers, agents, CONSULTANTS, and employees, to be additional insureds. D. Acceptability of Insurers Insurers must have an "A2, or better, Policyholder's Rating, and a Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide. OCSD recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept State Compensation Insurance Fund for the required policy of worker's compensation insurance, subject to OCSD's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20) days written notice. Further, OCSD will require CONTRACTOR to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONTRACTOR by OCSD or its agent. E. Verification of Coverage CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OCSD before Work commences. OCSD reserves the right to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these Specifications at any time. C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 20 of 26 F. Subcontractors CONTRACTOR shall be responsible to establish insurance requirements for any Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations and work. OCSD and any public agency issuing permits for the Project must be named as "Additional Insured" on any General Liability or Automobile Liability policy obtained by a Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced required documents. G. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability Form 25 2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are shown, they are listed in order of preference) In the event any of the following forms are cancelled by Insurance Services Office, Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied. a. Commercial General Liability Form CG-0001 10 01 b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01 C. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 21 of 26 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement 5. Pollution Liability Endorsements There shall be a Separation of Insured Clause or endorsement, providing that coverage applies separately to each insured, except with respect to the limits of liability. There shall also be an endorsement or policy language containing a waiver of subrogation rights on the part of the insurer. OCSD, its directors, officers, agents, CONSULTANTS and employees and all public agencies from whom permits will be obtained as well as their directors, officers, agents, and employees shall be included as insureds under the policy. Any additional insured endorsement shall contain language at least as broad as the coverage language contained in ISO form CG 20 10 11 85 or alternatively in both CG 20 10 10 01 and CG 20 37 10 01 together. SECTION — 17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep OCSD and others harmless as more specifically set forth in General Conditions, "General Indemnification". SECTION — 18 TERMINATION This Contract may be terminated in whole or in part in writing by OCSD in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OCSD for its convenience provided that such termination is effectuated in a manner and upon such conditions set forth more particularly in General Conditions, "Termination for Default" and/or "Termination for Convenience", provided that no termination C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 22 of 26 may be effected unless proper notice is provided to CONTRACTOR at the time and in the manner provided in said General Conditions. If termination for default or convenience is effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be made at the time and in the manner provided in the General Conditions, "Termination for Default" and "Termination for Convenience". SECTION — 19 WARRANTY The CONTRACTOR agrees to perform all Work under this Contract in accordance with the Contract Documents, including OCSD's designs, Drawings and Specifications. The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final Completion" that the completed Work is free from all defects due to faulty materials, equipment or workmanship and that it shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, OCSD may do so and charge the CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any corrected deficiency until the later of(1) the remainder of the original one-year warranty period; or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 23 of 26 law and in no way diminish any other rights that OCSD may have against the CONTRACTOR for faulty materials, equipment or Work. SECTION — 20 ASSIGNMENT No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by OCSD unless such assignment has had prior written approval and consent of OCSD and the Surety. SECTION — 21 RESOLUTION OF DISPUTES OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims provisions as set forth in the General Conditions and as otherwise required by law. SECTION — 22 SAFETY & HEALTH CONTRACTOR shall comply with all applicable safety and health requirements mandated by federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to the General Requirements, Section entitled "Safety" and Exhibit B OCSD Safety Standards. C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 24 of 26 SECTION — 23 NOTICES Any notice required or permitted under this Contract shall be sent by certified mail, return receipt requested, at the address set forth below. Any party whose address changes shall notify the other party in writing. TO OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard Suite 1200 Costa Mesa, California 92626 TO CONTRACTOR: Shimmick Construction Co., Inc. 530 Technology Drive, Suite 300 Irvine, CA 92618 Copy to: Matthew Kuzmick, Executive Vice-President— Southwest Area Shimmick Construction Co., Inc. 530 Technology Drive, Suite 300 Irvine, CA 92618 CONFORMED C-CA-022619 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 25 of 26 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Shimmick Construction Co., Inc. 530 Technology Drive, Suite 300 Irvine, CA 92618 By Printed Name Its CONTRACTOR's State License No. 594575 (Expiration Date — 5/31/2020) OCSD: Orange County Sanitation District By David John Shawver Board Chairman By Kelly A. Lore Clerk of the Board By Ruth Zintzun Purchasing & Contracts Manager C-CA-022619 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 26 of 26 EXHIBIT A SCHEDULE OF PRICES C-EXA-080414 TABLE OF CONTENTS EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION............................................................................. 1 EXA-2 PROGRESS PAYMENTS ..................................................................................1 EXA-3 RETENTION AND ESCROW ACCOUNTS........................................................1 EXA-4 STOP PAYMENT NOTICE.................................................................................3 EXA-5 PAYMENT TO SUBCONTRACTORS................................................................3 EXA-6 PAYMENT OF TAXES .......................................................................................3 EXA-7 FINAL PAYMENT...............................................................................................4 EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT ...5 ATTACHMENT 1 - CERTIFICATION FOR REQUEST FOR PAYMENT.........................7 ATTACHMENT 2 - SCHEDULE OF PRICES...................................................................8 C-EXA-080414 EXHIBIT SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract Documents. EXA-2 PROGRESS PAYMENTS Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to: 1. Contract Agreement— Section 11 — "Contract Price and Method of Payment;" 2. General Conditions — "Payment— General"; 3. General Conditions—"Payment—Applications for Payment"; 4. General Conditions — "Payment— Mobilization Payment Requirements;" 5. General Conditions — "Payment— Itemized Breakdown of Contract Lump Sum Prices"; 6. General Conditions — "Contract Price Adjustments and Payments"; 7. General Conditions— "Suspension of Payments"; 8. General Conditions — "OCSD's Right to Withhold Certain Amounts and Make Application Thereof"; and 9. General Conditions — "Final Payment." EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions— "Retained Funds; Substitution of Securities". In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents. CONFORMED C-EXA-080414 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 1 of 8 B. Substitution of Securities: CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities." Payment of Escrow Agent: In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code. C. Release of Retention: Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles: In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment; 2. Deductions from previous progress payments already paid, due to OCSD's discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OCSD in performing any of the CONTRACTOR'S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. C-EXA-080414 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 2 of 8 The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD's right to such sums or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement. EXA-5 PAYMENT TO SUBCONTRACTORS Requirements 1. The CONTRACTOR shall pay all Subcontractors for and on account of Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be based on the measurements and estimates made pursuant to article progress payments provided herein. 2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR'S receipt of said retention proceeds from OCSD as required by the California Public Contract Code §7107. EXA-6 PAYMENT OF TAXES Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times. CONFORMED C-EXA-080414 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 3 of 8 EXA-7 FINAL PAYMENT After Final Acceptance of the Work, as more particularly set forth in the General Conditions, "Final Acceptance and Final Completion", and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions — "Final Payment", a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OCSD, including: a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment; b. Deductions for prior progress payments; c. Amounts retained; d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136); e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136); f. List of Claims the CONTRACTOR intends to file at that time or a statement that no Claims will be filed, g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the CONTRACTOR; and h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for Dismissal with prejudice or other satisfactory evidence the arbitration is resolved. 2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD's review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law. 3. Within a reasonable time, OCSD will review the CONTRACTOR'S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final C-EXA-080414 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 4 of 8 Payment. Upon acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OCSD, and agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims. 5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that: a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment; b. It has no reason to believe that any party has a valid claim against the CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate; c. All warranties are in full force and effect, and; d. The releases and the warranties shall survive Final Payment. 6. If any claims remain open, OCSD may make Final Payment subject to resolution of those claims. OCSD may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein. 7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138)within thirty (30) days of receipt of Final Payment. EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT Notwithstanding OCSD's acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that: 1. The true and correct amount payable for the Work is different from that previously accepted; CONFORMED C-EXA-080414 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 5 of 8 2. The previously-accepted Work did not in fact conform to the Contract requirements, or; 3. A previous payment or portion thereof for Work was improperly made. OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing circumstances as permitted under the Contract or applicable law. C-EXA-080414 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 6 of 8 ATTACHMENT 1 — CERTIFICATION FOR REQUEST FOR PAYMENT I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that: 1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract; 2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and 4. This certification is not to be construed as Final Acceptance of a Subcontractor's performance. Name Title Date CONFORMED C-EXA-080414 PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 7 of 8 ATTACHMENT 2 —SCHEDULE OF PRICES See next pages from the Bid submittal Forms (Shimmick Construction Co., Inc.): BF-14 Schedule of Prices, Pages 1-3 C-EXA-080414 CONFORMED PROJECT NO. P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 Page 8 of 8 Bid Submitted By: Shimmick Construction Co, Inc. (Name of Firm) BF-14 SCHEDULE OF PRICES INSTRUCTIONS A. General For Unit Prices, it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids, and that the actual value of Work will be computed based upon the actual quantities in the completed Work,whether they be more or less than those shown. CONTRACTOR's compensation for the Work under the Contract Documents will be computed based upon the lump sum amount of the Contract at time of award, plus any additional or deleted costs approved by OCSD via approved Change Orders, pursuant to the Contract Documents. Bidder shall separately price and accurately reflect costs associated with each line item, leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid. Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items,which, in summary, provides that the total price for each item shall be based on the Unit Price listed for each item multiplied by the quantity; and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work, includina profit overhead etc., unless otherwise specified in the Contract Documents. All applicable sales taxes state and/or federal.and any other special taxes.patent riahts or royalties shall be included in the prices auoted in this Bid. B. Basis of Award AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST RESPONSIVE AND RESPONSIBLE BID. Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials,equipment and services for the construction of the Project per the Contract Documents. BF-14 SCHEDULE OF PRICES C-BF-121817 PROJECT NO.P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO.2 Page 1 of 3 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item No. Description Unit of Approx Measurement Qty Unit Price Extended Price 1. ! Mobilization: The amount for this Bid Item shall not exceed 4% of the Total ! Amount of Bid and shall be in conformance with the Contract Documents for the lump sum price of... All amounts included in this Bid Item greater than the allowable maximum Lump Sum 1 $ Z y15 O ba cd i payment of 4% of the Total Amount of Bid shall be paid under the Bid Item i "Demobilization". j2. Hazardous Material Mitigation and Controls: This item includes all labor, material, and equipment necessary to mitigate, remove, and properly j dispose of all Hazardous Waste including Lead and Asbestos. Work shall Lump Sum 1 $ It+J�S t38, ors be performed in accordance with the plans and specifications. F ' 3. Crack Repair: This item includes all labor, material, and equipment for surface preparation and expanding polyurethane injection for Aeration Basin cracks. Unit price bid shall include labor, equipment, and materials needed for confined space entry into aeration basin during application of Linear Feet 1290 X $ ILb• y =j $ I(0 3 crack injection. Work shall be performed in accordance with the plans and specifications for the linear foot unit price of... 4 Spall Repair: This item includes all labor, material, and equipment for saw 1 cutting, substrate concrete removal, substrate and rebar preparation and mortar repair of spalled/delamination aeration basin surfaces. Work shall be SFeete 4945 X $ $U. qS�- $ 1/7-1 performed in accordance with the plans and specifications for the square ! foot unit price of... i BF-14 SCHEDULE OF PRICES C-BF-121817 PROJECT NO, P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 ADDENDUM NO. 1 Page 2 of 3 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES (continued) INo. Description Mea nit of App p r x Unit Price Extended Price 5. Completion of Work: This item includes labor, materials, and equipment necessary for all portions of Work set forth in the Contract Documents except for the Work performed in Items 1, 2, 3, 4, and 6, as described in Lump Sum 1 =i $ S o 33,c(.o.o� Division 01, Section 01155 and in conformance with the Contract Documents for a lump sum price of... 6. j Demobilization: The amount for this Bid Item shall not be less than 1% of � the Total Amount of Bid and shall include but not be limited to the acceptance of Work by OCSD, completion of all items on final punch list, final cleanup and processing of final progress payment request, in Lump Sum 1 $ I r 0� CPU conformance with the Contract Documents for a lump sum price of ... All amounts greater than 4%which were included in Bid Item 1 Mobilization shall be paid under this Demobilization Bid Item. TOTAL AMOUNT OF BID(BASIS OF AWARD) $ 40, OqZ� //o. 35- BF-14 SCHEDULE OF PRICES C-BF-121817 PROJECT NO P2-123 RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2 ADDENDUM NO 1 Page 3 of 3 9/4/2019 MEN Returned Activated NON® Sludge Piping OMENReplacement at Plant No. 2 MCA .M Project No. P2-123 �` A Operations Committee Presentation September 4, 2019 MEMO&& Activated Sludge 131 Plant at Plant • 1• • Biological treatment using oxygen f , Is • Built in 1979 • Includes � ► ■ three main :�` � components • Aeration basins • Clarifiers `` • Return activated sludge system 2 1 9/4/2019 Sludge s • • • acement • —2,000 feet of 10 to 36-inch pipe • 40 years old • Frequent leaks Element 2 - Aeration Basin Concrete Repair Z% < x, • Maintain Structural Integrity of Basin Deck • Spall repair • Crack repair • Replace corroded reinforcement JjJ 4 2 9/4/2019 LightPole Replacement �•L�' • Replace 80 corroded light poles and fixtures across ,r entire site • Collapsible poles for better maintenance access -k" < • Safety for Staff 5 • Results6'*A ,. AmountCompany 1. Shimmick Construction Company $6,042,110 2. W.M. Lyles Co. $6,593,870 3. Kiewit Infrastructure West Co. $6,843,000 4. Stanek Constructors, Inc. $8,414,700 5. Innovative Construction Solutions $8,732,865 6. Steve P. Rados, Inc. $8,837,625 7. Myers&Sons Construction LLC $10,620,000 8. OHL USA, Inc. $10,839,350 Engineer's Estimate $14,000,000 6 3 9/4/2019 L Protest rt rti �. • 2nd Low Bidder, W.M. Lyles Co., alleged issues with Shimmick's safety record • In consultation with General Counsel, staff reviewed and determined the protest does not merit a change to the award recommendation • Many incidents are still pending determination • Several were against joint venture partners • No clear and consistent pattern of violations Recommendations • Deny award protest filed by W.M. Lyles Co.; • Award a Construction Contract to Shimmick Construction Company for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for a total amount not to exceed $6,042,111 .35; and • Approve a Construction Contract contingency of $604,211 (10%). s 4 9/4/2019 Recommendations • Approve a Professional Construction Services (PCSA) Agreement with Spec Services Inc. to provide construction support services for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for a total amount not to exceed $252,329; and • Approve a contingency of $25,233 (10%) 9 Questi • 04, - 10 5 oJ�V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 OPERATIONS COMMITTEE (714)593 7433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-603 Agenda Date: 9/25/2019 Agenda Item No: 7. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the Capital Improvement Program Contract Performance Report for the period ending June 30, 2019. BACKGROUND The Capital Improvement Program involves awarding and managing many construction and consulting contracts. In 2008, the Orange County Sanitation District (Sanitation District) Board of Directors began awarding contingencies along with construction and consulting contracts and amendments for consulting contracts up to the amount of the approved contingency. This practice reduces administrative costs, expedites resolution of project issues that arise, helps avoid Contractor delay claims, and facilitates efficient management of many contracts. The Capital Improvement Program Contract Performance Report summarizes construction and consulting contract performance and activities for the quarter ending June 30, 2019. This report is updated quarterly. The tables listing active construction and design consultant contract data have been revised for clarity since the previous quarter. RELEVANT STANDARDS • Ensure the public's money is wisely spent ATTACHMENT The following attachment is included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Capital Improvement Program Contract Performance Report for the period ending June 30, 2019 Orange County Sanitation District Page 1 of 1 Printed on 9/19/2019 powered by LegistarTM SANITORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report 90 ME For the period ending June 30, 2019 � a` DATE: August 16, 2019 TO: Orange County Sanitation District Board of Directors FROM: James D. Herberg, General Manager Through: Kathy Millea, Director of Engineering This report summarizes the status, activities, and performance of public works construction contracts and consultant agreements. This report also identifies the names and status of projects being performed under master budgets for planning studies, research, small construction projects, O&M capital projects, and information technology projects. Table of Contents Part 1 - Construction Contracts ..........................................................................................2 Part 2 — Design Consultant Agreements ............................................................................7 Part 3 — Master Budget Projects....................................................................................... 11 Part 4 — Staff Augmentation Contract............................................................................... 17 Page 1 of 17 SANITORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report 90 For the period ending June 30, 2019 THE EMV PART 1 - CONSTRUCTION CONTRACTS When the Sanitation District Board awards a construction contract, a contingency is also approved which allows the General Manager to approve contract change orders up to the amount of the contingency. One of the purposes of this report is to document how that contingency is managed and how much of the contingency is utilized. A project's change order rate can only be documented when the work is complete. As such, the change order performance charts in this report are based only on projects closed since the Board began approving contingencies in 2008. As of the end of this quarter, 76 contracts have been closed with total base contact value of $1,254,226,489, and there are 22 active contracts with a total base contract value of $389,241,739. For reference see charts 1 and 2, and Tables 1 and 2. Chart 1 Construction Contracts — Closed Projects Cumulative Data through Quarter Ending June 30, 2019 QTR FY18/19 I ■ Collections Plant Projects CLOSED PROJECTS- DISTRIBUTION BY CATEGORY* Total Base Contract Value $ 1,254,226,489 Collections $ 312,548,525 25% Plant Projects $ 941,677,964 75% Total Base#of Contracts 76 Collections 31 Plant Projects 45 *Projects closed since 2 QTR FY07/08 Page 2 of 17 SANITORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report 90 ME For the period ending June 30, 2019 � a` Chart 2 Construction Contracts — Active Projects Cumulative Data through Quarter Ending June 30, 2019 QTR FY18/19 %44'CAWN ■ Collections T*, ,4 ■ Plant Projects ACTIVE PROJECTS -DISTRIBUTION BY CATEGORY Total Base Contract Value $ 389,241,739 Collections $ 64,750,383 17% Plant Projects $ 324,491,356 83% Total Base#of Contracts 22 Collections 4 Plant Projects 18 Page 3 of 17 ORANGE COUNTY SANITATION DISTRICT `• Capital Improvement Program Contract Performance Report For the period ending June 30, 2019 The change order rate over time for all closed projects for the last quarter (April 1, 2019 through June 30, 2019) is 5.3%. For closed collection projects is 9.08% and for closed plant projects is 4.02%. For reference see charts 3, 4 and 5. Chart 3 Change Order Rates Over Time All Closed Projects 8.00% 6.1% 6.00% 5.3% 5.0% 4.00% 5.0% 3.9 0 2.00% 3.4% 0.00% 'y 'L 'L "� "� D D 5 h <o �o 1 10� 4> 4OA 00'L OOA a° o-° a° a° o-ti ati oti o-ti o-ti ati o-ti o-ti o-ti o-ti o-ti o-ti ati o-ti o-ti C o-ti o-ti ati o-ti Chart 4 Change Order Rates Over Time Closed Collections Projects 14.00% 12.00% 12.35% 10.00% 9.53% 9.08% 8.00% 7.14% 6.00% 4.00% 5.52% 2.00% 0.00% Chart 5 Change Order Rates Over Time Closed Plant Projects 8.00% 6.00% 5.73% 4.369% 4.02% 4.00% 3.89% 2.00% 2 70% 0.00% Off' Off` Off' Off` Off' Off` Off' Off` Off' Off` Off' Off` Off' Off` Off' Off` Off' Off` Off' Off` Off' Off` Off' Off` 04' p O°� pc y0 ,y0 y' y', y, y,, p '1� ti� ,yR , , >1 ti0 ti0 tit tit y4' y4' ti0 ti� o- o- o- o- o- o- o- o- o- o- o- o- o- o- o- o- o- o- o- o- o- o- o- o- Page 4 of 17 ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report For the period ending June 30,2019 Table 1-Active Construction Contracts Award Board Award Current Original Current Contingency Contingency Project/Contract Contractor Date Value Change Orders Contract Value Contingency Contingency Used Remaining 2-41-8 SARI Rock Stabilizers Removal 2-41-8 SARI Rock Stabilizers Removal Griffith Company 09/26/2018 $2,809,082 $0 $2,809,082 10.0% 10.0% 0.0% 10.0% 2-72 Newhope-Placentia Trunk Replacement 2-72B Newhope-Placentia Trunk Replacement,Segment B OHL USA,INC. 06/15/2018 $58,242,000 $0 $58,242,000 6.5% 6.5% 0.0% 6.5% 6-17 District 6 Trunk Sewer Relief 6-17 District 6 Trunk Sewer Relief Charles King Company,Inc. 11/01/2016 $3,699,301 $409,174 $4,108,475 10.0% 20.0% 11.1% 8.9% J-117 Ocean Outfall System Rehabilitation J-117A Interplant Effluent Pipeline Rehabilitation Shimmick Construction Co.,Inc. 08/07/2017 $12,609,012 $635,038 $13,244,050 8.0% 8.0% 5.0% 3.0% J-117B Outfall Low Flow Pump Station Shimmick Construction Co.,Inc. 12/19/2018 $90,200,000 $0 $90,200,000 8.0% 8.0% 0.0% 8.0% J-126 Safety Improvements Program J-126AH Hot Surfaces Insulation P1/P2/Bay Bridge PS/Slater PS Amtek Construction 01/30/2018 $452,757 $0 $452,757 10.0% 10.0% 0.0% 10.0% J-126BFG Lights,Ladder and Walkway Hazards Amtek Construction 09/26/2017 $557,759 $0 $557,759 10.0% 10.0% 0.0% 10.0% J-126C NFPA 820 HVAC and Electrical Improvements MMC,Inc. 03/05/2019 $469,000 $0 $469,000 10.0% 10.0% 0.0% 10.0% J-1261 Exit Signs Exit Lights Electrical Disconnects Gas Helix Electric 09/26/2018 $881,800 $0 $881,800 10.0% 10.0% 0.0% 10.0% Detection J-126JK Stairs,Hatches,Walkway Hazards,Ladders,Guardrails, Olsson Construction,Inc. 10/24/2018 $3,637,601 $0 $3,637,601 10.0% 10.0% 0.0% 10.0% Roof Fall Protection J-126PQ Ladders,Hatches,Roof Fall Protection Tharsos,Inc. 10/24/2018 $786,000 $0 $786,000 10.0% 10.0% 0.0% 10.0% M-FE Small Construction Projects Program FE14-05 Plant No.1 Fleet Services UST Leak Remediation Engineering/Remediation 01/23/2019 $648,675 $0 $648,675 20.0% 20.0% 0.0% 20.0% Resources Group,Inc. FE15-07 Secondary Treatment and Plant Water VFD Helix Electric 03/28/2018 $1,797,000 $23,562 $1,820,562 10.0% 10.0% 1.3% 8.7% Replacement at Plant 1 FE15-10 East Lido Force Main Rehabilitation Charles King Company,Inc. 09/07/20171 $1,389,000 $0 $1,389,000 10.0% 10.0% 0.0% 10.0% FE17-05 Plant 1 ICS Network Extension RP Controls 06/26/2019 $321,889 $0 $321,889 10.0% 10.0% 0.0% 10.0% MP-248 P2 Secondary Clarifier Repairs(AS Plant) MP-248 P2 Secondary Clarifier Repairs(AS Plant) W.M.Lyles Company 06/26/2019 $3,048,000 $0 $3,048,000 10.0% 10.0% 0.0% 10.0% P3-101 Sludge Dewatering and Odor Control at Plant 1 P1-101 Sludge Dewatering and Odor Control at Plant 1 WM Lyles Company 11/28/2012 $126,908,300 $11,780,048 $138,688,348 3.0% 11.5% 9.3% 2.2% P3-115 Title 24 Access Compliance and Building Rehabilitation Project P1-115B Rehabilitation of Fleet Services Building,Building 8 and ODC Engineering&Technology 09/11/2017 $2,235,563 $39,175 $2,274,738 10.0% 10.0% 1.8% 8.2% Paving Area 132-110 Consolidated Demolition and Utility Improvements at Plant 2 P2-110 Consolidated Demolition and Utility Improvements at Flatiron West Inc 02/09/2017 $16,730,000 $836,890 $17,566,890 8.0% 8.0% 5.0% 3.0% Plant 2 132-92 Sludge Dewatering and Odor Control at Plant 2 P2-92 Sludge Dewatering and Odor Control at Plant 2 Shimmick Construction Co.,Inc. 01/12/2015 $49,850,000 $1,462,763 $51,312,763 5.0% 5.0% 2.9% 2.1% P2-92A Truck Loading Bay Odor Control at Plant 2 Kiewit Infrastructure West Co. 01/09/2017 $3,304,000 $329,558 $3,633,558 10.0% 14.0% 10.0% 4.0% 132-98 Primary Treatment Rehabilitation at Plant 2 P2-986 B/C-Side Primary Clarifiers Interim Repair at Plant 2 Myers&Sons Construction,LLC 101/23/20191 $8,665,000 1 $0 1 $8,665,000 10.0% 10.0% 0.0% 10.0% TOTAL 1$389,241,739 1 $15,516,208 1$404,757,947 Page 5 of 17 -_< ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report For the period ending June 30, 2019 Table 2-Construction Contracts Closed in Last Quarter Date Board Award Change Final Contract Original Current Contingency Project/Contract Contractor Closed Date Awarded Value Orders Value Contingency Contingency Used J-126 Safety Improvements Program J-126E Roof Fall Protection and Skylights Access Pacific 04/02/2019 10/26/2017 $418,000 ($1,024) $416,976 10.0% 10.0% 0% J-126R Machine Guarding at Plant 1 Filanc 04/01/2019 10/10/2018 $210,347 ($25,718) $184,629 10.0% 10.0% 0% M-FE Small Construction Projects Program FE16-10 East Basin Distribution Box Repair Howard Ridley Co.Inc. 06/13/2019 04/26/2018 $529,350 $0 $529,350 10.0% 10.0% 0% FE16-14 Slater Pump Station Valve Replacements JPCL CONSTRUCTION,INC. 06/04/2019 08/22/2018 $459,674 $45,805 $505,479 10.0% 10.0% 10% Total $1,617,371 $19,063 $1,636,434 Page 6 of 17 SANITORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report 90 For the period ending June 30, 2019 THE EMV PART 2 — DESIGN CONSULTANT AGREEMENTS The Sanitation District engages engineering consultants through Professional Design Services Agreements (PDSAs ), Professional Consultant Services Agreements (PCSAs), and Master Professional Services Agreements (Master Agreements). PDSAs are used to obtain design engineering services, and PCSAs are a subsequent agreement with the design consultant to provide support services during construction. Master Agreements are issued to a pool of pre-qualified consultants for smaller projects. On those smaller projects, the Sanitation District solicits task order proposals from three or four of the firms and awards a task order to the most qualified consultant. There are currently seven sets of Master Agreements. • 2012 Master Design Agreements (expired) • 2015 Master Design Agreements (expired) • 2018 Master Design Agreements • 2017 Master Agreements for CEQA Studies • 2017 Master Agreements for Collection Planning Studies • 2017 Master Agreements for Wastewater Treatment Planning Studies The two Master Design Agreements from 2012, and 2015 have expired, meaning no new task orders can be issued under them, but previously-issued task orders remain active until completed. Task Orders are limited by Sanitation District Ordinance No. OCSD-52 $300,000 per task order. A status table for all Active Engineering Services Agreements (PDSAs and PCSAs) is attached under Table 3, and a status table for all Active Task Orders by Master Agreement is attached under Table 4 (Master Agreements). Page 7 of 17 ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report For the period ending June 30,2019 Table 3-Active Engineering Services Agreements Award Board Award Current Contract Original Current Contingency Project/Contract Consultant Date Value Amendments Value Contingency Contingency Used 2-41-8 SARI Rock Stabilizers Removal 2-41-8 SARI Rock Stabilizers Removal PCSA Michael Baker International,Inc. 09/26/2018 $215,129 $0 $215,129 10.0% 10.0% 0.0% 2-72 Newhope-Placentia Trunk Replacement 2-72 Newhope-Placentia Trunk Replacement PCSA Lee&Ro 03/23/2016 $3,253,946 $0 $3,253,946 10.0% 10.0% 0.0% 2-72 Newhope-Placentia Trunk Replacement PDSA Lee&Ro 10/22/2014 $8,468,232 $434,974 $8,903,206 10.0% 10.0% 5.1% 3-62 Westminster Blvd Force Main Replacement 3-62 Westminster Blvd Force Main Replacement PDSA Stantec Consulting Services,Inc. 07/22/2015 $6,917,175 ($1,339,457) $5,577,718 10.0% 10.0% 0.0% 3-64 Rehabilitation of Western Regional Sewers 3-64 Rehabilitation of Western Regional Sewers PDSA AECOM Technical Services,Inc. 01/27/2016 $17,639,250 $721,258 $18,360,508 10.0% 10.0% 4.1% 5-60 Newport Force Main Rehabilitation 5-60 Newport Force Main Rehabilitation PCSA Brown and Caldwell 04/29/2014 $2,231,925 $839,714 $3,071,639 8.0% 38.7% 37.6% 5-67 Bay Bridge Pump Station Replacement 5-67 Bay Bridge Pump Station Replacement PDSA Arcadis US Inc. 10/25/2017 $7,137,000 $295,168 $7,432,168 10.0% 10.0% 4.1% 6-17 District 6 Trunk Sewer Relief 6-17 District 6 Trunk Sewer Relief PCSA RMC Water&Environment 10/10/2016 $290,000 $0 $290,000 15.0% 15.0% 0.0% J-117 Ocean Outfall System Rehabilitation J-117A Interplant Effluent Pipeline Rehabilitation PCSA Brown and Caldwell 05/24/2018 $1,121,666 $0 $1,121,666 10.0% 10.0% 0.0% J-117B Outfall Low Flow Pump Station PCSA Brown and Caldwell 12/19/2018 $8,563,913 $0 $8,563,913 10.0% 10.0% 0.0% J-124 Digester Gas Facilities Rehabilitation J-124 Digester Gas Facilities Rehabilitation PDSA Brown and Caldwell 11/15/2017 $11,770,000 $50,000 $11,820,000 10.0% 10.0% 0.4% J-126 Safety Improvements Program J-126 Safety Improvements Program" PDSA Arcadis 08/29/2016 $1,540,000 $1,500,000 $3,040,000 10.0% 5.1% 0.0% J-128 Project Management Information System J-128 Project Management Information System Other PMWeb,Inc. 05/24/2017 $1,022,500 $74,525 $1,097,025 20.0% 20.0% 7.3% M-FE Small Construction Projects Program FE16-11 Lane Channel Crossing PSA HDR Engineering,Inc. 06/28/2017 $131,939 $0 $131,939 10.0% 10.0% 0.0% M-RESEAF Research Program RE17-02 Biogas Scrubber Evaluation PSA Carollo Engineers,Inc. 04/21/2017 $656,783 $0 $656,783 0.0% 0.0% 0.0% M-STUDIE Planning Studies Program PS15-02 Edinger Pump Station Rehabilitation Study PSA Lockwood,Andrews&Newman,Inc. 12/20/2017 $505,042 $0 $505,042 10.0% 10.0% 0.0% PS15-06 Seismic Evaluation of Structures at Plant Nos.1 and PSA Geosyntec Consultants,Inc. 06/28/2017 $2,578,028 $85,358 $2,663,386 10.0% 10.0% 3.3% 2 PS15-08 Collections Capacity Evaluation Study PSA RMC Water&Environment 08/24/2016 $2,802,675 $19,372 $2,822,047 10.0% 10.0% 0.7% PS16-01 Stormwater Master Plan PSA Michael Baker International,Inc. 07/26/2017 $715,300 $54,839 $770,139 10.0% 10.0% 7.7% PS17-03 Active Fault Location Study at Plant No.2 PSA Lettis Consultants International,Inc. 03/06/2019 $868,286 $0 $868,286 10.0% 10.0% 0.0% PS17-08 CECIA-Facilities Master Plan PSA Dudek 02/27/2019 $812,709 $0 $812,709 10.0% 10.0% 0.0% P1-101 Sludge Dewatering and Odor Control at Plant 1 P1-101 Sludge Dewatering and Odor Control at Plant 1 PCSA HDR Engineering,Inc. 06/28/2012 $7,140,000 $2,141,866 $9,281,866 8.0% 35.0% 30.0% P1-105 Headworks Rehabilitation at Plant 1 P1-105 Headworks Rehabilitation at Plant 1 1 PDSA ICarollo Engineers,Inc. 05/27/2015 $17,528,957 $7,659,692 $25,188,649 10.0% 51.0% 43.7% P1-128 Headquarters Complex P1-128 Headquarters Complex I PDSA 1HDR Engineering,Inc. 06/22/2016 $11,785,709 ($878,554) $10,907,155 10.0% 10.0% 0.0% PSA I LSA Associates,Inc. 08/11/2016 $420,927 $0 $420,927 10.0% 10.0% 0.0% Page 8 of 17 ORANGE COUNTY SANITATION DISTRICT W- "z- Capital Contract Performance Report Improvement ProgramFor the period ending June 30,2019 . Table 3-Active Engineering Services Agreements Award Board Award Current Contract Original Current Contingency Project/Contract I Consultant Date Value Amendments Value Contingency Contingency Used P1-129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No.1 P1-129 Return Activated Sludge Piping Replacement at PDSA AECOM Technical Services,Inc. 06/20/2017 $523,039 $27,015 $550,054 10.0% 10.0% 5.2% Activated Sludge Plant No.1 132-110 Consolidated Demolition and Utility Improvements at Plant 2 P2-110 Consolidated Demolition and Utility Improvements PCSA Stantec Consulting Services,Inc. 01/25/2017 $1,499,839 $0 $1,499,839 10.0% 10.0% 0.0% at Plant 2 P2-122 Headworks Modifications at Plant 2 for GWRS Final Expansion P2-122 Headworks Modifications at Plant 2 for GWRS Final PDSA CDM Smith Inc. 05/24/2017 $5,319,930 $0 $5,319,930 10.0% 10.0% 0.0% Expansion 132-123 Return Activated Sludge Piping Replacement at Plant 2 P2-123 Return Activated Sludge Piping Replacement at PDSA SPEC Services,Inc. 02/15/2018 $668,217 $0 $668,217 10.0% 10.0% 0.0% Plant 2 132-124 Interim Food Waste Receiving Facility P2-124 Interim Food Waste Receiving Facility PDSA Kennedy/Jenks Consultants 09/05/2018 $695,000 $0 $695,000 10.0% 10.0% 0.0% 112-92 Sludge Dewatering and Odor Control at Plant 2 P2-92 Sludge Dewatering and Odor Control at Plant 2 PCSA jBrown and Caldwell 12/17/2014 $4,798,328 $0 $4,798,328 10.0% 10.0% 0.0% 112-98 Primary Treatment Rehabilitation at Plant 2 P2-98 Primary Treatment Rehabilitation at Plant 2 PDSA Black&Veatch 07/27/2016 $18,141,423 $1,279,488 $19,420,911 10.0% 10.0% 7.1% P2-98B B/C-Side Primary Clarifiers Interim Repair at Plant 2 PCSA Black&Veatch 01/23/2019 $549,534 $0 $549,534 10.0% 10.0% 0.0% SP-196 Process Control Systems Upgrades Study SP-196 Process Control Systems Upgrades Study PSA Stantec Consulting Services,Inc. 03/01/2018 $1,389,866 $9,000 $1,398,866 10.0% 10.0% 0.6% Total 1$149,702,267 $12,974,258 $162,676,525 **Ammended by Board Action Page 9 of 17 - ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report For the period ending June 30, 2019 Table 4-Active Task Orders by Master Agreement Master Agreement/Project Consultant Award Date Order Value Original Task Amendments Current Task Order Value 2012 Master Professional Design Service Agreements FE10-21 Area 02 Craig Regional Park Manhole Improvements GHD 10/8/2012 $58,440 $41,560 $100,000 2015 Master Professional Design Service Agreements FE14-05 Plant No.1 Fleet Services UST Leak Remediation Dudek 9/1/2015 $86,116 $73,137 $159,253 FE16-14 Slater Pump Station Valve Replacements Dudek 11/6/2017 $175,500 $0 $175,500 PS17-02 Guidelines for Development in the Area of OCSD Facilities AECOM 8/21/2017 $93,187 $0 $93,187 2017 Master Agreements for Wastewater Treatment Studies P1-101 Spill Prevention,Control,and Countermeasure Plan for Sludge Dewatering and Odor AECOM 06/27/2018 $28,216 $10,935 $39,151 Control at Plant No.1 PS17-10 Emergency Overflow Weirs,Wing Wall Structural and Geotechnical Investigations HDR Engineering,Inc. 05/21/2019 $260,415 $0 $260,415 PS18-01 Asset Management Plan Development HDR Engineering,Inc. 04/03/2019 $274,777 $0 $274,777 PS18-05 Plant No.2 Future Site Plan Development Brown and Caldwell 05/22/2019 $122,389 $0 $122,389 2017 Master Agreements for Collection Planning Studies No Task Orders Issued -- -- -- -- 2017 Master Agreements for CEQA Studies No Task Orders Issued -- -- -- -- 2018 Master Professional Design Service Agreements J-127 Natural Gas Pipelines Replacement at Plant Nos.1 and 2 Black&Veatch 1/21/2019 $271,964 $0 $271,964 Total $1,371,004 $125,632 $1,496,636 Page 10 of 17 SANITORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report 90 ME For the period ending June 30, 2019 � a` PART 3 — MASTER BUDGET PROJECTS The Board-adopted budget for Fiscal Years 2018-19 and 2019-20 includes master program budgets that allow staff to more quickly initiate, execute, and manage smaller projects that fit within the scope of a particular program. The projects chartered under these program budgets are referred to as sub-projects and are managed to the same standards as projects specifically listed in the adopted budget. A status table for each of these programs listing the sub-projects is attached. Master Program Title Status Table Planning Studies Program Table 5 Research Program Table 6 Small Construction Projects Program Table 7 Information Technology Capital Program Table 8 Operations & Maintenance Capital Program Table 9 Page 11 of 17 40J�S� SAW JgT Oy ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report For the period ending June 30, 2019 9O�FC''G T M E EN POa��@ Table 5 - Planning Studies Status Report Project Number Project Name Status Allocated Budget PS15-01 PS15-01 Biosolids Master Plan Closed $ 3,496,985 PS15-02 PS15-02 Edinger Pump Station Rehabilitation Study Active $ 971,000 PS15-06 PS15-06 Seismic Evaluation of Structures at Plant Nos. 1 and 2 Active $ 3,860,000 PS15-07 PS15-07 Pressurization and Odor Control Study at Newport Beach Closed $ 344,145 PS15-08 PS15-08 Collections Capacity Evaluation Study Active $ 3,682,000 PS15-10 PS15-10 2017 Facilities Master Plan Active $ 3,850,000 PS16-01 PS16-01 Stormwater Master Plan Active $ 1,415,700 PS16-02 PS16-02 SCE Feed Reliability Improvements Study Active $ 293,000 PS16-04 PS16-04 Rectangular Primary Clarifier Reliability Study at Plant No. 1 Closed $ 298,389 PS17-01 PS17-01 Fire Flow Testing at Plant No. 1 Closed $ 28,043 PS17-02 PS17-02 Guidelines for Development in the Area of OCSD Facilities Active $ 176,000 PS17-03 PS17-03 Active Fault Location Study at Plant No. 2 Active $ 1,300,000 PS17-04 PS17-04 Office Workspace Study for Plant No 1 and 2 Active $ 110,000 PS17-08 PS17-08 CEQA- Facilities Master Plan Active $ 1,170,000 PS17-09 PS17-09 Calibration of Plant 1/Plant 2 InfoWorks Hydraulic Model Closed $ 51,996 PS17-10 PS17-10 Emergency Overflow Weirs,Wing Wall Structural and Geotechnical Inver Active $ 465,000 PS18-01 PS18-01 Asset Management Plan Development Active $ 420,000 PS18-02 PS18-02 Bushard Diversion Structure Rehabilitation Study Active $ 96,000 PS18-03 PS18-03 AS Plant Aeration Alternatives Study at Plant 2 Closed $ - PS18-04 PS18-04 Easements Assessment Closed $ - PS18-05 PS18-05 Plant No. 2 Future Site Plan Development Active $ 217,000 PS18-06 PS18-06 Go/No-Go Lights and Signage Active $ 495,000 PS18-07 PS18-07 ASCE Review of CIP Program Active $ 50,000 PS18-08 PS18-08 Plant 2 Cen Gen Engine Exhaust Oxidizer Catalyst Cracking Root Cause Ar Closed $ - PS18-09 PS18-09 Ocean Outfall Condition Assessment and Scoping Study Active $ 1,850,000 PS18-10 PS18-10 Root Cause Analysis of Malfunctioning Process Units at TFSC Facility at PI Active $ 41,000 PS18-11 PS18-11 ETAP Model Updates for Plant Nos 1 and 2 Active $ 553,000 PS18-12 PS18-12 Laboratory Building Implementation Study Closed $ - Grand Total $ 25,234,258 Number of Chartered Projects 28 Board Approved Program Budget $ 28,652,000 Remaining Unallocated Budget $ 3,417,742 Page 12 of 17 40J�S� SAW JgT Oy ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report For the period ending June 30, 2019 9O�FC''G T M E EN POa��@ Table 6 - Research Program Status Report Project Number Project Name Status Allocated Budget RE17-01 RE17-01 Operational Research Technical Support FY18-19 Active $ 650,000 RE17-02 RE17-02 Biogas Scrubber Evaluation Active $ 865,000 RE17-03 RE17-03 Reliant Wet Well Wizard Test Active $ 74,000 RE17-04 RE17-04 AquaNereda Aerobic Granular Sludge Process Active $ 242,000 RE17-05 RE17-05 Organica FCR Process On Hold $ 242,000 RE17-06 RE17-06 TWAS Pump Reliability Improvement Trials at Plant No. 2 Closed $ 10,159 RE17-07 RE17-07 Super Oxygenation System Research at Seal Beach Pump Station Cancelled $ 80,000 RE18-01 RE18-01 Trickling Filter Bleach Test at Plant No. 1 Active $ 125,000 RE18-02 RE18-02 Protein Matrix Demonstration Study at Plant No 1 Active $ 150,000 Grand Total $ 2,438,159 Number of Chartered Projects 9 Board Approved Program Budget $ 8,500,000 Remaining Unallocated Budget $ 6,061,841 Page 13 of 17 ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report For the period ending June 30, 2019 6 NE M P Table 7-Small Construction Projects Program Status Report Project Number Project Name Status Allocated Budget FE10-21 FE10-21 Area 02 Craig Regional Park Manhole Improvements Active $ 1,359,000 FE12-10 FE12-10 IT Server Room Cooling Improvements Closed $ 956,086 FE13-04 FE13-04 Plant No.2 Trickling Filter Chemical Odor Control Closed $ 4,745,752 FE14-03 FE14-03 Rehabilitation of Digester Mixing Pumps at P2 Digesters E,H,R,S,and T Active $ 1,360,000 FE14-05 FE14-05 Plant No.1 Fleet Services UST Leak Remediation Active $ 1,487,311 FE15-01 FE15-01 Fullerton Creek Channel Crossing Closed $ 84,640 FE15-06 FE15-06 Gas Compressor Building Piping Replacement at Plant 2 Closed $ 1,605,540 FE15-07 FE15-07 Secondary Treatment and Plant Water VFD Replacement at Plant 1 Active $ 3,319,600 FE15-09 FE15-09 CenGen Hot Water Pipe Bracing at Plant 1 Active $ 425,000 FE15-10 FE15-10 East Lido Force Main Rehabilitation Active $ 2,228,000 FE16-01 FE16-01 Big Canyon Nature Park Improvements Closed $ 29,915 FE16-02 FE16-02 Jamboree Sewer Realignment at Big Canyon Closed $ 54,434 FE16-05 FE16-05 Buried Water Valve Support Upgrades at Plant 2 Active $ 250,000 FE16-06 FE16-06 Fuel Cell Facilities Demolition Active $ 900,000 FE16-08 FE16-08 Carbon Canyon Clay Pipe Repairs Closed $ 648,756 FE16-10 FE16-10 East Basin Distribution Box Repair Active $ 1,021,960 FE16-11 FE16-11 Lane Channel Crossing Active $ 500,000 FE16-12 FE16-12 Garfield Road Perimeter Security Fence Closed $ 37,410 FE16-13 FE16-13 Collections Infrastructure Relocation at Plant 2,Phase 1B Closed $ 93,747 FE16-14 FE16-14 Slater Pump Station Valve Replacements Active $ 1,050,000 FE17-01 FE17-01 Carbon Canyon Pipeline Sag Repairs Active $ 783,000 FE17-03 FE17-03 Battery Storage System at Plant No.1 Active $ 571,000 FE17-04 FE17-04 Storm Water Compliance Improvements at 3 Pump Stations Closed $ 8,929 FE17-05 FE17-05 Plant 1 ICS Network Extension Active $ 950,000 FE17-06 FE17-06 Tustin Ave Manhole and Pipe Repair Active $ 273,000 FE17-07 FE17-07 Fruit Street Trunk Sewer Relocation-OC Streetcar Closed $ 8,474 FE17-08 FE17-08 Big Canyon Trunk Sewer Realignment-BCCC Maintenance Yard Active $ 130,000 FE18-01 FE18-01 Interim Relocation to 18350 Mt.Langley Active $ 665,000 FE18-02 FE18-02 Jamboree Sewer Transfer Closed $ 300,000 FE18-03 FE18-03 Building 6 Staff Consolidation Closed $ - FE18-04 FE18-04 Activated Sludge Basin Lighting Repair at Plant No.2 Active $ 1,600,000 FE18-05 FE18-05 Plant Water Pipe Replacement at AS 1 at Plant No.1 Closed $ - FE18-06 FE18-06 CenGen Instrument Air Compressors Replacement at Plant No.1 and Nc Active $ 1,450,000 FE18-07 FE18-07 Pump Station Electrical Bypass Improvements Closed $ - FE18-08 FE18-08 West Trunk Bypass Sewer Realignment Active $ 98,000 FE18-10 FE18-10 Mt Langley HVAC Replacement and Upgrades Active $ 560,000 FE18-11 FE18-11 Headworks Explosive Gas Monitoring Systems at Plant No.1 and No.2 Active $ 335,000 FE18-12 FE18-12 Erosion Control at Santa Ana River and Hamilton Ave Active $ 245,000 FE18-13 FE18-13 Redhill Relief Sewer Protection at State Route 55 Active $ 520,000 FE18-14 FE18-14 Plant Water Pipeline Replacement in Kinnison,Lindstrom,and Scott Tun Active $ 1,425,000 FE18-15 FE18-15 Plant Boiler System Relief at Plant No.2 Active $ 180,000 FE18-16 FE18-16 Truck Loading Basement Drain Modifications at Plant No.1 Active $ 440,000 FE18-17 FE18-17 Trunkline Sampler Power Feed at Plant No 2 Closed $ 160,000 FE18-18 FE18-18 Portable Generator Connector at Lido Pump Station Active $ 106,000 FE18-19 FE18-19 12KV Distribution B and East RAS Pump Station Roofing Replacement Active $ 600,000 FE18-20 FE18-20 Blower Building No.1 Air Compressors at Plant No.1 Active $ 1,200,000 FE19-01 FE19-01 Portable Generator Connectors at Nine Pump Stations Closed $ 1,300,000 Grand Total $ 36,065,554 Total Chartered Project 47 Board Approved Program Budget $ 53,250,000 Remaining Unallocated Budget $ 17,184,446 Page 14 of 17 40J�S� SAW JgT Oy ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report For the period ending June 30, 2019 9O�FC''G T M E EN POa��@ Table 8 - Information Technology Capital Program Status Report Project Number Project Name Status Allocated Budget IT16-03 IT16-03 Plant 2 Internet Connection Active $ 50,000 IT16-05 IT16-05 Plant 2 Radio Repeater Upgrade Closed $ 35,000 IT16-06 IT16-06 Network Equipment 2016-17 Closed $ 44,302 IT16-07 IT16-07 Server Replacement and Obsolescence Closed $ 337,332 IT16-08 IT16-08 IT Security 2016-17 Active $ 162,000 IT16-09 IT16-09 iPACS Enhancements Active $ 85,000 IT16-10 IT16-10 LIMS Compliance Improv Project Active $ 754,800 IT16-11 IT16-11 Business Continuity Plan Active $ 140,000 IT17-01 IT17-01 VMWare Active $ 800,000 IT17-02 IT17-02 Upgrade Active Directory Directory to 2016 Active $ 56,000 IT17-03 IT17-03 Upgrade ShoreTel System Server Active $ 190,000 IT17-04 IT17-04 PCI Improvements Closed $ 131,093 IT17-05 IT17-05 Conference Room Monitor Upgrade Active $ 75,686 IT17-06 IT17-06 Printer Obsolescence Active $ 350,000 IT17-07 IT17-07 Safety Management Suite Active $ 106,000 IT17-08 IT17-08 Perimeter Physical Security Im Closed $ 170,077 IT17-09 IT17-09 MYOCSD Redesign Closed $ 170,077 IT17-10 IT17-10 Electronic Operator Round Form Active $ 45,000 IT17-11 IT17-11 P2 Radio Repeater Closed $ 170,077 IT17-12 IT17-12 Sever/Network Power Improvements Active $ 90,000 IT17-13 IT17-13 Graphric Workstations for PAO Closed $ 15,000 IT17-14 IT17-14 Specialized Application Programing&Support Active $ 600,000 IT17-15 IT17-15 Data Storage Replac/Obsolescens Active $ 600,000 IT18-02 IT18-02 Fleet Management Information System Active $ 250,000 IT18-03 IT18-03 Timecard Systems Upgrade Active $ 150,000 IT18-04 IT18-04 Conference Rooms Audio System Replacement Active $ 90,000 IT18-05 IT18-05 Trusted System Document Management Active $ 100,000 IT18-06 IT18-06 Server Replacement and Obsolescence FY18/19-19/20 Active $ 900,000 IT18-07 IT18-07 Network Equipment FY18/19-19/20 Active $ 850,000 IT18-09 IT18-09 Records Management Information System Active $ 100,000 IT18-10 IT18-10 Board Services Management System Active $ 60,000 IT18-11 IT18-11 IT Security Budget 2018-2019 Active $ 150,000 Grand Total $ 7,827,444 Total Chartered Project 32 Board Approved Program Budget $ 10,000,000 Remaining Unallocated Budget $ 2,172,556 Page 15 of 17 40J�S� SAW JgT Oy ORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report For the period ending June 30, 2019 9O�FC''G T M E EN POa��@ Table 9 - Operations & Maintenance Capital Program Status Report Project Number Project Name Status Allocated Budget FR00001 FR00001 SALS Hidrostal Pump Active $ 212,268 FR00002 FR00002 Chopper Pump at Dig P P2 Active $ 212,268 FR00008 FR00008 Rag Bin Ramp Retrofit Active $ 33,038 FR00011 FR00011 Westside Impeller/Line Replacement Active $ 108,368 SC16-01 SC16-01 Maint.Storage Area Tool Cage Active $ 12,000 SC17-01 SC17-01 CENGEN#1 Elevator Rehab Active $ 12,000 SC17-02 SC17-02 P1 CenGen Plant Water Piping Rehabilitation Active $ 250,000 SC17-03 SC17-03 CenGen Oil Filter Platform Active $ 60,000 SC17-04 SC17-04 P1 CenGen 12KV Circuit Breaker Replacement Active $ 220,000 SC17-05 SC17-05 Hidrostal Pump-TEFC Close Coupled Motor#2 (Pump for SALS) Active $ 261,260 SC17-06 SC17-06 P1 Lab UPS System Replacement Active $ 290,294 SC18-01 SC18-01 P1 Primary Clarifier Fall Protection Improvements Active $ 50,000 SC18-02 SC18-02 Joint Cen Gen Oil Centrifuge Heater&Controls Rehabilitation (MP-18) Active $ 120,000 SC18-03 SC18-03 P1 SALS Main Duty Pump& Motor and Installation-Remaining 2 (MP-52 Active $ 500,000 SC18-04 SC18-04 Edinger UPS Replacement(MP-444) Active $ 15,000 SC18-05 SC18-05 Improvements to P1 Laboratory Boilers-New Burners(MP-485) Active $ 311,000 SC18-06 SC18-06 Pump Station Bypass Parts-Procurement(MP-426) Active $ 500,000 SC18-08 SC18-08 MacArthur Pump Station-FM Valve Replacement Active $ 55,109 SC18-09 SC18-09 Admin Bldg UPS System Replacement Active $ 185,000 SC18-10 SC18-10 P2 South Scrubber Complex Bleach Pump Turndown (MP-420) Active $ 44,900 Grand Total $ 3,452,505 Total Chartered Project 20 Board Approved Program Budget $ 15,622,000 Remaining Unallocated Budget $ 12,169,495 Page 16 of 17 SANITORANGE COUNTY SANITATION DISTRICT Capital Improvement Program Contract Performance Report 90 For the period ending June 30, 2019 n PART 4 — STAFF AUGMENTATION CONTRACT In May 2016, the Sanitation District Board of Directors approved a $41 million professional services agreement with Jacobs Project Management Co. to provide supplemental engineering and support staff services for a four-year term with the option of three one-year renewals. The benefits of using staff augmentation, as opposed to hiring full-time staff or limited-term employees, include rapid mobilization of highly skilled/technical staff, flexibility to change the mix of staff positions on an immediate and as-needed basis, the ability to reduce staff as workloads decrease, access to technical experts to support special tasks, and access to staff with wastewater project experience. A status table for the Staff Augmentation Contract Status is attached under Table 10, and the Staff Augmentation Labor Summary can be found under Table 11. Table 10-Staff Augmentation Contract Status Total Fees Time Contract $41,000,000 86 months (1) Actuals to Date $16,404,460 40% 38 months 44% Remaining $24,595,540 60% 48 months 56% 11)Assuming three 1-year extensions Table 11 -Staff Augmentation Labor Summary This Quarter Inception to Date Labor Hours 9,777 122,111 Full Time Equivalents 21.7 21.4 Labor Costs (no expenses) $1,262,195 $16,006,931 Average Hourly Rate $129 $131 Page 17 of 17 oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 OPERATIONS COMMITTEE (714)593 7433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-605 Agenda Date: 9/25/2019 Agenda Item No: 8. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: SUNFLOWER AND RED HILL INTERCEPTOR REPAIR, PROJECT NO. 7-66 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Approve a Professional Design Services Agreement with GHD Inc. to provide engineering services for Sunflower and Red Hill Interceptor Repair, Project No. 7-66, for an amount not to exceed $308,712; and B. Approve a contingency of $30,871 (10%). BACKGROUND The Orange County Sanitation District (Sanitation District) completed construction of the Sunflower Interceptor Reach 3 and Red Hill Interceptor Reach 4 and 5, Project No. 7-6-3 in 1971, ranging in size from 27 inches to 84 inches in diameter. The concrete pipe includes PVC lining on the upper 270-degrees of the pipe section to protect the concrete from corrosive sewer gas. PVC lining was not installed on the bottom 90 degrees because it was expected to be covered by the liquid in the pipe, which is not corrosive to concrete. RELEVANT STANDARDS • Protect Orange County Sanitation District assets PROBLEM In 2015, as part of the Sanitation District asset management program, the pipe between Red Hill Avenue at MacArthur Boulevard in Irvine and Sunflower Avenue at South Timber Street in Costa Mesa was assessed for internal corrosion and lining condition. This section also includes three siphons, but it was only possible to enter and assess one of the three siphons. The Sanitation District's assessment indicated the PVC lining has failed at multiple locations and concrete below the 270-degree lining has corroded. The services of a design consultant are needed to complete this project. Orange County Sanitation District Page 1 of 4 Printed on 9/19/2019 powered by LegistarTM File #: 2019-605 Agenda Date: 9/25/2019 Agenda Item No: 8. PROPOSED SOLUTION Approve a Professional Design Services Agreement with GHD Inc. TIMING CONCERNS The concrete pipe continues to corrode until a construction project is designed and completed. RAMIFICATIONS OF NOT TAKING ACTION Increased risk of failure of the pipe due to continued concrete corrosion causing a sewage spill and property damage. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Consultant Selection: The Sanitation District requested and advertised for proposals for Sunflower and Red Hill Interceptor Repair, Project No. 7-66, on April 30, 2019. The following evaluation criterion were described in the Request for Proposals (RFP) and used to determine the most qualified Consultant. CRITERION WEIGHT Project Understanding and Approach 30% Related Project Experience 30% Project Team and Staff Qualifications 40% Three proposals were received on June 10, 2019 and evaluated in accordance with the evaluation process set forth in the Sanitation District's Purchasing Ordinance No. OCSD-52 (Purchasing Ordinance), by a pre-selected Evaluation Team consisting of the following Sanitation District staff. Rich Leon Project Manager Don Stokes Maintenance Manager William Cassidy Engineering Supervisor The Evaluation Team also included two non-voting representatives from the Contracts Administration Division and Engineering Division. Following scoring by the Evaluation Team, using the evaluation criterion and weighting described above, interviews were deemed unnecessary. Based on the ranking shown below, GHD Inc. was selected as the most qualified Consultant. GHD Inc. LAN Inc. Atkins NA Inc. Evaluator 1 1 St 12nd 3rd Orange County Sanitation District Page 2 of 4 Printed on 9/19/2019 powered by LegistarTM File #: 2019-605 Agenda Date: 9/25/2019 Agenda Item No: 8. Evaluator 2 1 St 2nd 3rd Evaluator 3 1 St 3rd 2nd Combined Ranking 1st 2nd 3rd The selected firm's team had the best understanding of the project and most pertinent recent experience with repairs similar to this project. Review of Fee Proposal and Negotiations: Proposals were accompanied by sealed fee proposals. In accordance with the Sanitation District's Purchasing Ordinance, the fee proposal of only the highest-ranked firm was opened after approval by the Director of Engineering of the Evaluation Committee's recommendation. Staff conducted negotiations with GHD Inc. to clarify the requirements of the Scope of Work, the assumptions used for the estimated level of effort, and the proposed approach to meet the goals and objectives for the project. One negotiating meeting was held where staff and the Consultant reviewed the Project Elements, Preliminary Design, and Final Design tasks for clarity and desired level of effort. These negotiations modified the design process to streamline the process. As a result of these negotiations, GHD Inc. submitted a revised fee proposal. Original Fee Proposal Negotiated Fee Total Hours 1,830 1,797 Total Fee $326,623 $308,712 The Consultant's fringe and overhead costs, which factor into the billing rate, have been substantiated. The contract profit is 9.94%, which is based on an established formula included in the Sanitation District's standard design agreements. Based on the above, staff has determined that the final negotiated fee is fair and reasonable for the level of effort required for this project and recommends award of the Professional Design Services Agreement to GHD Inc. CEQA This project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations, Title 14, Section 15301 - Section 15301 (Class 1) exempts from CEQA "the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination," including "(b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services". The project consists of minor repairs to existing PVC lining and concrete pipe. A Notice of Exemption will be filed with the OC Clerk-Recorder after the Sanitation District Board award of the Professional Design Services Agreement contract. Orange County Sanitation District Page 3 of 4 Printed on 9/19/2019 powered by LegistarTM File #: 2019-605 Agenda Date: 9/25/2019 Agenda Item No: 8. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted, (Adopted Budget Update FY2019-20, Appendix, Page A-11) and the project budget is sufficient for the recommended action. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Professional Design Services Agreement Orange County Sanitation District Page 4 of 4 Printed on 9/19/2019 powered by LegistarTM PROFESSIONAL DESIGN SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 25t" day of September, 2019, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and GHD INC., for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for Sunflower and Red Hill Interceptor Repairs, Project No. 7-66; and to provide Design services for designing repairs of damaged PVC linings and concrete on 6,000 linear feet of large diameter concrete pipe; and, WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and, WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select a CONSULTANT to perform this work; and, WHEREAS, at its regular meeting on September 25, 2019 the Board of Directors, by Minute Order, accepted the recommendation of the Director of Engineering and General Manager pursuant to SANITATION DISTRICT's Purchasing Ordinance to approve this Agreement between the SANITATION DISTRICT and CONSULTANT. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment "A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all design, drawings, specifications, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its Subconsultants. Where approval by the SANITATION DISTRICT is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. CONSULTANT shall respond to all comments, suggestions, and recommendations on the SANITATION DISTRICT's review comment sheets (i.e. DS1, DS2 and DS3). All PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 1 of 19 comments shall be incorporated into the design prior to the next submittal deadline or addressed, in writing, as to why the comment has not been incorporated. CONSULTANT shall ensure that each submittal is 100% accurate for the level of work submitted (i.e. correct references, terms, capitalization or equal status, spelling, punctuation, etc.) C. In the event that work is not performed to the satisfaction of the SANITATION DISTRICT and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe specified by the Project Engineer/Project Manager. The SANITATION DISTRICT may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using the SANITATION DISTRICT CAD Manual. Conversion of CAD work from any other non-standard CAD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall conform to the SANITATION DISTRICT specifications. Any changes to these specifications by the CONSULTANT are subject to review and approval of the SANITATION DISTRICT. Electronic files shall be subject to an acceptance period of 30 calendar days during which the SANITATION DISTRICT shall perform appropriate reviews and including CAD Manual compliance. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANITATION DISTRICT. E. The CONSULTANT shall ensure that all plans and specifications prepared or recommended under this Agreement allow for competitive bidding. The CONSULTANT shall design such plans or specifications so that procurement of services, labor or materials are not available from only one source, and shall not design plans and specifications around a single or specific product, piece of major equipment or machinery, a specific patented design or a proprietary process, unless required by principles of sound engineering practice and supported by a written justification that has been approved in writing by the SANITATION DISTRICT. The CONSULTANT shall submit this written justification to the SANITATION DISTRICT prior to beginning work on such plans and specifications. Whenever the CONSULTANT recommends a specific product or equipment for competitive procurement, such recommendation shall include at least two brand names of products that are capable of meeting the functional requirements applicable to the project. F. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of the SANITATION DISTRICT, its agents and employees. Neither the documents nor their contents shall be released to any third party PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 2 of 19 without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by the SANITATION DISTRICT. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions: A. Total Compensation Total compensation shall be in an amount not to exceed Three Hundred Eight Thousand Seven Hundred Twelve Dollars ($308,712). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s) fees and costs shall not exceed the sum set forth in Attachment "E" - Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT shall provide the SANITATION DISTRICT with certified payroll records of all employees' work that is charged to this project. C. Overhead As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment "E" - Fee Proposal. D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees. PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 3 of 19 As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, the SANITATION DISTRICT shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment "E" - Fee Proposal. E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment "E" - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment "E" - Fee Proposal. F. Direct Costs The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel and licenses for an amount not to exceed the sum set forth in Attachment "E" - Fee Proposal. The SANITATION DISTRICT shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of the SANITATION DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION DISTRICT receipts and other documentary records to support CONSULTANT's request for reimbursement of these amounts, see Attachment "D" - Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 - COMPENSATION above. G. Other Direct Costs Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications in scope of work resulting from field investigations and field work required by Contract. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. Refer to attachment "D" Allowable Direct Costs for payment information. H. Reimbursable Direct Costs The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable travel and business expenses as described in this section and further described in Attachment "D" - Allowable Direct Costs to this Agreement. The reimbursement of the above-mentioned expenses will be based on an "accountable plan" as considered by Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a "per diem" component approved by IRS. The most recent schedule of the per diem rates utilized by the SANITATION DISTRICT can be found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/l 04711#. PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 4 of 19 The CONSULTANT shall be responsible for the most economical and practical means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. The SANITATION DISTRICT shall apply the most economic and practical method of reimbursement which may include reimbursements based upon receipts and/or"per diem" as deemed the most practical. CONSULTANT shall be responsible for returning to the SANITATION DISTRICT any excess reimbursements after the reimbursement has been paid by the SANITATION DISTRICT. Travel and travel arrangements —Any travel involving airfare, overnight stays or multiple day attendance must be approved by the SANITATION DISTRICT in advance. Local Travel is considered travel by the CONSULTANT within the SANITATION DISTRICT general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties. Automobile mileage is reimbursable if CONSULTANT is required to utilize personal vehicle for local travel. Lodging — Overnight stays will not be approved by the SANITATION DISTRICT for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of the SANITATION DISTRICT based on reasonableness of meeting schedules and the amount of time required for travel by the CONSULTANT. Such determination will be made on a case-by-case basis and at the discretion of the SANITATION DISTRICT. Travel Meals — Per-diem rates as approved by IRS shall be utilized for travel meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals. Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment "D" -Allowable Direct Costs of this Agreement. I. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT's Proposal will exceed seventy-five percent (75%) of the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify the SANITATION DISTRICT immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of the SANITATION DISTRICT's authorized representative shall be at CONSULTANT's own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT's invoice and monthly progress report. Failure to notify the SANITATION DISTRICT that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 5 of 19 3. REALLOCATION OF TOTAL COMPENSATION The SANITATION DISTRICT, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased. 4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by the SANITATION DISTRICT. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work performed during the period covered by the statement, as may be required by the SANITATION DISTRICT. Upon approval of such payment request by the SANITATION DISTRICT, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a per-project-element basis. If the SANITATION DISTRICT determines that the work under this Agreement or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by the SANITATION DISTRICT's Director of Engineering to be adequate for the protection of the SANITATION DISTRICT; or ii. The percentage of the work accomplished for each project element. He may, at his discretion, retain an amount equal to that which insures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the project in its entirety. C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 - COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event the SANITATION DISTRICT's Director of Engineering determines that no satisfactory PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 6 of 19 progress has been made since the prior payment, or in the event of a delay in the work progress for any reason, the SANITATION DISTRICT shall have the right to withhold any scheduled proportionate profit payment. D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by the SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work. E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to the SANITATION DISTRICT a release of all claims against the SANITATION DISTRICT arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act (Government Code Sections 12650- 12655), any CONSULTANT that knowingly submits a false claim to the SANITATION DISTRICT for compensation under the terms of this Agreement may be held liable for treble damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of the SANITATION DISTRICT a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by the SANITATION DISTRICT; c) conspires to defraud the SANITATION DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to the SANITATION DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to the SANITATION DISTRICT, and fails to disclose the false claim to the SANITATION DISTRICT within a reasonable time after discovery of the false claim. 5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT's employees and/or Subconsultants who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 7 of 19 B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to SANITATION DISTRICT and/or general public upon request, provided the public request is made through SANITATION DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 6. DOCUMENT OWNERSHIP — SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Professional Services performed. All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Professional Services, shall be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The SANITATION DISTRICT ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT's Professional Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to the SANITATION DISTRICT. i. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 8 of 19 A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation Insurance subject to the SANITATION DISTRICT's option to require a change in insurer in the event the State Fund financial rating is decreased below "B". Further, the SANITATION DISTRICT will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONSULTANT, by the SANITATION DISTRICT or its agent. ii. Coverage shall be in effect prior to the commencement of any work under this Agreement. B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, Commercial General Liability Insurance written on an occurrence basis providing the following minimum limits of liability coverage: two million dollars ($2,000,000) per occurrence with two million dollars ($2,000,000) aggregate. Said insurance shall include coverage for the following hazards: Premises-Operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of one million dollars ($1,000,000) or alternatively, one million dollars ($1,000,000) per person for bodily injury and one million dollars ($1,000,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 9 of 19 E. Drone Liability Insurance If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of one million dollars ($1,000,000) in form acceptable to the SANITATION DISTRICT. F. Worker's Compensation Insurance The CONSULTANT shall provide such Workers' Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer's Liability Insurance with a minimum limit of one million dollars ($1,000,000) per occurrence. Such Worker's Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of the SANITATION DISTRICT. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier"SCIF" and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. G. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than two million dollars ($2,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a "claims made" basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended "tail" coverage with the present or new carrier. In the event the present policy of insurance is written on an "occurrence" basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to the SANITATION DISTRICT a certificate of insurance in a form acceptable to the SANITATION DISTRICT indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 10 of 19 H. Proof of Coverage The CONSULTANT shall furnish the SANITATION DISTRICT with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by the SANITATION DISTRICT before work commences. The SANITATION DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required, at any time. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010) or equivalent. • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of(ISO Forms) CG 2010 1001 and CG 2037 1001 All other Additional Insured endorsements must be submitted for approval by the SANITATION DISTRICT, and the SANITATION DISTRICT may reject alternatives that provide different or less coverage to the SANITATION DISTRICT. • Additional Insured Submit endorsement provided by carrier for the (Auto Liability) SANITATION DISTRICT approval. • Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent. • Cancellation Notice State Compensation Insurance Fund Endorsement No. 2065 or equivalent. I. Cancellation Notice Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days' prior written notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the required thirty (30) days' written notification. The policy shall not terminate, nor shall it be cancelled, nor the coverage reduced until thirty (30) days after written notice is given to the SANITATION DISTRICT except for nonpayment of premium, which shall require not less than ten (10) days written notice to the SANITATION DISTRICT. Should there be changes in coverage or an increase in deductible or SIR amounts, the CONSULTANT and its insurance broker/agent shall send to the SANITATION DISTRICT a certified letter which includes a description of the changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention of Risk Management, and shall be received by the SANITATION DISTRICT not less than thirty (30) PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 11 of 19 days prior to the effective date of the change(s) if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope of insurance coverage provided to the SANITATION DISTRICT. J. Primary Insurance All liability policies shall contain a Primary and Non-Contributory Clause. Any other insurance maintained by the SANITATION DISTRICT shall be excess and not contributing with the insurance provided by CONSULTANT. K. Separation of Insured All liability policies shall contain a "Separation of Insureds" clause. L. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. M. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses. N. Defense Costs Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. O. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant's operations and work. P. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 12 of 19 8. SCOPE CHANGES In the event of a change in the Scope of Work, requested by SANITATION DISTRICT, the parties hereto shall execute an amendment to this Agreement setting forth with particularity all terms of the new Agreement, including but not limited to any additional CONSULTANT's fees. 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT's project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each CONSULTANT's project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant on a per-project-element basis, broken down as indicated in Section 2 - COMPENSATION. There shall be no substitution of the listed Subconsultants and CONSULTANT's project team members without prior written approval by the SANITATION DISTRICT. 10. ENGINEERING REGISTRATION The CONSULTANT's personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer. Such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. SANITATION DISTRICT retains the reasonable right to access, review, examine, and audit, any and all books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include the SANITATION DISTRICT's right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT's books, records, documents and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination. PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 13 of 19 C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT's policy. The CONSULTANT shall make available to the SANITATION DISTRICT for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's request, the CONSULTANT shall submit exact duplicates of originals of all requested records to the SANITATION DISTRICT. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist SANITATION DISTRICT's auditor in obtaining all project related accounting records and documents, and any other financial data. 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of the SANITATION DISTRICT. 13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to the SANITATION DISTRICT at: ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin, Senior Contracts Administrator Copy: Richard Leon, Project Manager Notices shall be mailed to CONSULTANT at: GHD Inc. 320 Goddard Way, Suite 200 Irvine, CA 92618 Attention: Greg Watanabe, Project Principal All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT's staff must be approved in writing by the SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination. PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 14 of 19 CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due. Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13 - NOTICES. 15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT. 16. COMPLIANCE CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. 17. AGREEMENT EXECUTION AUTHORIZATION Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2) future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status. PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 15 of 19 21. WARRANTY CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, the SANITATION DISTRICT informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by the SANITATION DISTRICT, take all such actions as are necessary to correct or complete the noted deficiency(ies). 22. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT's sole cost and expense and with legal counsel approved by the SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's officers, directors, employees, CONSULTANT's, and agents (collectively the "Indemnified Parties"), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or CONSULTANT's fees and costs and the SANITATION DISTRICT's general and administrative expenses; individually, a "Claim"; collectively, "Claims")which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT's suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A) the active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT's liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT's indemnification obligation or other liability hereunder. The terms PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 16 of 19 of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. 23. DUTY TO DEFEND The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the SANITATION DISTRICT and may be considered in future CONSULTANT selection processes. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES CONSULTANT shall comply with all SANITATION DISTRICT policies and procedures including the OCSD Safety Standards, as applicable, all of which may be amended from time to time. 26. CLOSEOUT When the SANITATION DISTRICT determines that all Work authorized under the Agreement is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the Consultant written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement within thirty (30) days of receipt of notice of Agreement closeout. PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 17 of 19 Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall commence a closeout audit of the Agreement and will either: i. Give the CONSULTANT a final Agreement Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT's cost. CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by the SANITATION DISTRICT. Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance. Any failure by the SANITATION DISTRICT to reject the work or to reject the CONSULTANT's request for final Agreement Acceptance as set forth above shall not be deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose nor imply acceptance of, or agreement with, the CONSULTANT's request for final Agreement Acceptance. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 18 of 19 IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above written. GHD INC. By Date Printed Name & Title ORANGE COUNTY SANITATION DISTRICT By David John Shawver Date Board Chairman By Kelly A. Lore Date Clerk of the Board By Ruth Zintzun Date Purchasing & Contracts Manager Attachments: Attachment "A" — Scope of Work Attachment "B" — Labor Hour Matrix Attachment "C"— Not Used (or Not Attached) Attachment "D"—Allowable Direct Costs Attachment "E" — Fee Proposal Attachment "F"— Not Used (or Not Attached) Attachment "G" — Not Used (or Not Attached) Attachment "H"— Not Used (or Not Attached) Attachment "I" — Cost Matrix & Summary Attachment "J"— Not Used (or Not Attached) Attachment "K" — Minor Subconsultant Hourly Rate Schedule (Not Used) Attachment "L" — OCSD Safety Standards CMM PDSA Project No. 7-66 Revised 113018 Sunflower and Red Hill Interceptor Repairs Page 19 of 19 oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 OPERATIONS COMMITTEE (714)593 7433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-606 Agenda Date: 9/25/2019 Agenda Item No: 9. FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: PLANT NO. 2 EFFLUENT PUMP STATION ANNEX, VARIABLE FREQUENCY DRIVE MODERNIZATION, AND MANUFACTURER SERVICE AGREEMENT GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Approve Sole Source Purchase Order to the Original Equipment Manufacturer, Siemens Industry, Inc., to modernize three Effluent Pump Station Annex (EPSA) Variable Frequency Drives (VFDs) for a fixed amount not to exceed $368,879, plus applicable tax and shipping; B. Approve Sole Source Purchase Order for SIEPRO® Technical Service Agreement with Siemens Industry, Inc. to perform annual preventative maintenance, for a three-year period, for an amount not to exceed $68,805, plus applicable tax and shipping; and C. Approve contingency funds of 20% for each contract, for a combined total not to exceed $87,537. BACKGROUND The Orange County Sanitation District (Sanitation District) operates three 3,000 horsepower EPSA pumps at Plant No. 2, each rated for 120 million gallons per day (mgd), designed to pump secondary effluent through the ocean outfall system to the Pacific Ocean. These pumps are driven by a Siemens Sinamics Perfect Harmony Medium Voltage VFD with the NXGI digital control system. They were installed in 2008 through Project No. J-77, Effluent Pump Station Annex, that replaced Foster Booster Pump Station. RELEVANT STANDARDS • Maintain a proactive asset management program • Meet volume and water quality needs for the GWRS • 24/7/365 treatment plant reliability PROBLEM The manufacturer has announced the obsolescence of critical components within the NXGI digital Orange County Sanitation District Page 1 of 3 Printed on 9/19/2019 powered by LegistarTM File #: 2019-606 Agenda Date: 9/25/2019 Agenda Item No: 9. control system of the VFD. Should any of the obsolete components fail, replacement parts are no longer available from the manufacturer which could result in considerable downtime. In addition, the drives are halfway through their anticipated life cycle. An increased level of major preventative maintenance is required to maintain optimum operating conditions and increased reliability to the process. During construction of Project No. J-117B, Outfall Low Flow Pump Station, one or two Ocean Outfall Booster Station (OOBS) pumps will be unavailable due to scheduled rehabilitation. At this point, reliable EPSA pumps become increasingly critical to maintain our ocean outfall capacity. PROPOSED SOLUTION Award two contracts to the original equipment manufacturer, Siemens Industry, Inc. One contract is to upgrade obsolete components in the NXGI digital control system to the latest NXG Pro to include refurbishing the power cells. This modernization will reset the asset lifecycle to 20 years when maintained to the manufacturer's recommendation. The second contract is to procure a three-year Technical Service Agreement (TSA) for scheduled annual maintenance. Under this service agreement, the Sanitation District will benefit from an 8% discount to the upgrade and refurbishment cost of the first contract. This savings will recoup about 57% of the TSA contract cost while maintaining the highest possible uptime of the drives. TIMING CONCERNS Construction for Project No. J-117B and OOBS pumps rehabilitation is scheduled to start in summer of 2020. Current plans call for completing all three drives no later than one year from Notice to Proceed. RAMIFICATIONS OF NOT TAKING ACTION Reliability of ocean outfall pumping capacity is reduced and EPSA VFD failures will disrupt Project No. J-117B. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Due to operational constraints involved with the release of the EPSA VFDs and need for vendor to make multiple site visits to support each VFD start-up, a 20% contingency is proposed. CEQA N/A FINANCIAL CONSIDERATIONS Orange County Sanitation District Page 2 of 3 Printed on 9/19/2019 powered by LegistarTM File #: 2019-606 Agenda Date: 9/25/2019 Agenda Item No: 9. This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This recommendation would be funded under the Repairs and Maintenance line item for Operations and Maintenance Department (Budget Update Fiscal Year 2019-20, Page 47), and the available funding is sufficient for this action. Date of Approval Contract Amount Contingency 09/04/2019 $437,684 $87,537 (20%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A RM:ab:gc Orange County Sanitation District Page 3 of 3 Printed on 9/19/2019 powered by LegistarTM oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 OPERATIONS COMMITTEE (714)593 7433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-609 Agenda Date: 9/25/2019 Agenda Item No: 10. FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: ON-CALL PREVENTATIVE MAINTENANCE SERVICES FOR ELECTRICAL EQUIPMENT (MP-278) GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Approve a Contract to provide on-call electrical maintenance services, Specification No. S- 2019-1006BD-R, with Hampton Tedder Technical Services for a one-year period effective November 1, 2019 through October 31, 2020, for an amount not to exceed $1,657,950, and approve four, one-year renewal options; and B. Approve a contingency of $82,898 (5%). BACKGROUND The Orange County Sanitation District (Sanitation District) maintains large electrical distribution systems at the treatment plants and pump stations. The National Fire Protection Association (NFPA) 70B Standard, Recommended Practice for Electrical Equipment Maintenance, recommends testing and maintenance requirements to reduce hazards to life and property that can result from failure or malfunction of industrial-type electrical systems and equipment. The Sanitation District's electrical distribution equipment, systems, and components must be operational within applicable NFPA 70B standards and manufacturer's tolerances to avoid breakdown. Breakdowns can be costly failures and may result in major disruptions. The Sanitation District's electrical equipment must be field inspected, maintained, and calibrated at regular intervals to ensure reliability and safety. RELEVANT STANDARDS • Protect Orange County Sanitation District assets • 24/7/365 treatment plant reliability • Maintain a proactive asset management program PROBLEM There has been a significant increase in the number of pieces of electrical distribution equipment installed by CIP projects that require significant labor effort to test, calibrate, and maintain. The electrical equipment includes protective relays and circuit breakers. Orange County Sanitation District Page 1 of 3 Printed on 9/19/2019 powered by LegistarTM File #: 2019-609 Agenda Date: 9/25/2019 Agenda Item No: 10. PROPOSED SOLUTION Sanitation District staff recommends contracting with Hampton Tedder Technical Services as the lowest responsive and responsible bidder for on-call services to perform electrical equipment preventive maintenance activities per NFPA 70B requirements. NFPA 70B details standardized preventive maintenance for electrical, electronic, and communication systems equipment to prevent equipment failures and worker injuries. TIMING CONCERNS Proceeding as soon as possible is desired to ensure that electrical equipment reliability and availability is maintained at a high level within the power distribution systems. RAMIFICATIONS OF NOT TAKING ACTION Not taking action will mean greater risk of downtime and potential breakdowns or failures of electrical equipment. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The proper maintenance of the Sanitation District's electrical assets helps avoid unplanned downtime and ensure continuous operations of our water treatment facility. To accomplish this task properly, there is a need for additional resources. An inventory summary for the Sanitation District's key electrical equipment is listed below: Electrical Equipment Type Plant 1 Plant 2 Pump Station Total Motor Control Centers 90 107 23 220 Switchgears 49 70 6 125 Variable Frequency Drives 160 134 42 336 Large Oil-Filled Transformers 53 72 0 115 Generators 12 19 9 40 Large Uninterruptible Power Supply 23 12 18 53 Battery Systems 121 117 0 138 The Sanitation District advertised for bids on May 16, 2019. Two sealed bids were received on June 18, 2019. The bids were evaluated in accordance with the Sanitation District's policies and procedures. Staff recommends awarding a service contract to the lowest responsive and responsible bidder, Hampton Tedder Technical Services, for on-call services to perform electrical equipment preventive maintenance activities. This contract can address up to approximately 150 electrical preventive maintenance tasks per year to help staff better maintain all its electrical assets and ensure Orange County Sanitation District Page 2 of 3 Printed on 9/19/2019 powered by LegistarTM File #: 2019-609 Agenda Date: 9/25/2019 Agenda Item No: 10. their reliability. The summary information on the bid opening is as follows: Bidder Amount of Bid Hampton Tedder Technical Services $1,657,950 HALCO Testing Services $1,876,500 CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This recommendation would be funded under the Repairs and Maintenance line item for Operations and Maintenance Department (Budget Update Fiscal Year 2019-20, Page 47), and the available funding is sufficient for this action. Date of Approval Contract Amount Contingency 09/04/2019 $1,657,950 $82,898 (5%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Service Contract for Spec. No. S-2019-1006BD-R RM:ab:ac Orange County Sanitation District Page 3 of 3 Printed on 9/19/2019 powered by LegistarTM SERVICE CONTRACT ON-CALL PREVENTIVE MAINTENANCE SERVICES FOR OCSD ELECTRICAL EQUIPMENT Specification No. S-2019-1006BD-R (Rebid) THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OCSD") and Hampton Tedder Technical Services with a principal place of business at 4571 State Street, Montclair, CA 91763 (hereinafter referred to as "Contractor") collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD desires to temporarily retain the services of Contractor for the On-Call Preventive Maintenance (PM) Services for OCSD Electrical Equipment "Services" as described in Exhibit "A"; and WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Ordinance No. OCSD-52; and WHEREAS, on September 25, 2019, the Board of Directors of OCSD, by minute order, authorized execution of this Contract between OCSD and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services, NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit "A". 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibit "A" Scope of Work Exhibit "B" Bid Exhibit "C" Acknowledgement of Insurance Requirements Exhibit "D" OCSD Safety Standards Exhibit "E" Not Used Exhibit "F" Human Resources Policies 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. Orange County Sanitation District 1 of 9 Specification No. S-2019-1006BD-R (Rebid) Version 120518 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof. 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The term "hours", when used in this Contract, shall be as defined in Exhibit "A". 1.9 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under"Compensation" below. 1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OCSD. 2. Compensation Compensation to be paid by OCSD to Contractor for the Services provided under this Contract shall be a total amount not to exceed one million six hundred fifty-seven thousand nine hundred fifty Dollars ($1,657,950.00). 3. California Department of Industrial Relations(DIR) Re_pistration and Record of Wages 3.1 To the extent Contractor's employees and/or its subcontractors who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Contractor and its subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. 3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non- compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors shall furnish a copy of all certified payroll records to OCSD and/or general public upon request, provided the public request is made through OCSD, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 4. Payments and Invoicin_g OCSD shall pay, net thirty (30) days, upon receipt and approval, by OCSD's Project Manager or designee, of itemized invoices submitted for each task completed in accordance with Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed and accepted. Orange County Sanitation District 2 of 9 Specification No. S-2019-1006BD-R (Rebid) Version 120518 4.1 Invoices shall be emailed by Contractor to OCSD Accounts Payable at APStaff OCSD.com and "INVOICE" with the Purchase Order Number and S-2019-1006BD-R (Rebid) shall be referenced in the subject line. 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit "A". Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 8. Contract Term The Services provided under this Agreement shall be for the period of one 1 year commencing on November 1, 2019 and continuing through October 1, 2020. 9. Renewals 9.1 OCSD may exercise the option to renew this Contract for up to four (4) one-year periods based upon the criteria set forth in Exhibit "A", under the terms and conditions contained herein. OCSD shall make no obligation to renew nor give reason if it elects not to renew. 9.2 This Contract may be renewed by OCSD Purchase Order. 10. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. 11. Performance Time is of the essence in the performance of the provisions hereof. 12. Termination 12.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee)to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 12.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination that Contractor is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Contract. 12.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor: ■ if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or ■ if Contractor sells its business; or Orange County Sanitation District 3 of 9 Specification No. S-2019-1006BD-R (Rebid) Version 120518 ■ if Contractor breaches any of the terms of this Contract; or ■ if total amount of compensation exceeds the amount authorized under this Contract. 12.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs first. 13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit "C"). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 14. Bonds - NOT USED. 15. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Contractor's services under this Contract, or by its subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OCSD, Contractor shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. 16. OCSD Safety Standards OCSD requires Contractor and its subcontractor(s)to follow and ensure their employees follow all Federal, State, and local regulations as well as OCSD Safety Standards while working at OCSD locations. If during the course of the Contract it is discovered that OCSD Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OCSD. Contractor and all of its employees and subcontractors, shall adhere to all applicable OCSD Safety Standards attached hereto in Exhibit "D" and the Human Resources Policies (Exhibit "F"). 17. Warranties In addition to the warranties stated in Exhibit "A", the following shall apply: 17.1 Manufacturer's standard warranty shall apply. All manufacturer warranties shall commence Orange County Sanitation District 4 of 9 Specification No. S-2019-1006BD-R (Rebid) Version 120518 on the date of acceptance by the OCSD Project Manager or designee of the work as complete. 17.2 Contractor's Warranty (Guarantee): If within a one (1) year period of completion of all work as specified in Exhibit "A", OCSD informs Contractor that any portion of the Services provided fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense. 18. Liquidated Damages - NOT USED. 19. Force Maieure 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 said 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 or may be eliminated from the Contract. 20. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 21. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; and 2) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor's risk, until written instructions are received from OCSD. 22. Re_gulatorV Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. 23. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to engage in this work. 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 the terms of this Contract will be paid by Contractor. 24. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 25. Contractor's Employees Compensation 25.1 Davis-Bacon Act — Contractor will pay and will require all subcontractors to pay all employees on said project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis- Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by Federal Orange County Sanitation District 5 of 9 Specification No. S-2019-1006BD-R (Rebid) Version 120518 assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. 25.2 General Prevailing Rate — OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of same are on file in the Engineering Department. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each project site, which shall be made available to any interested party upon request. 25.3 Forfeiture For Violation—Contractor shall, as a penalty to OCSD, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. 25.4 Apprentices—Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty(20)working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or more or five (5) working days or more. 25.5 Workday—In the performance of this Contract, not more than eight(8) hours shall constitute a day's work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of twenty-five dollars ($25.00)for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project. 25.6 Record of Wages; Inspection — Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776. Orange County Sanitation District 6 of 9 Specification No. S-2019-1006BD-R (Rebid) Version 120518 26. South Coast Air Quality Management District's (SCAQMD) Requirements It is Contractor's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 27. Governin_g Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in the County of Orange, in the event any action is brought in connection with this Contract or the performance thereof. 28. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 29. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) "cover" by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to "cover" as described in (3), OCSD shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the Contract price, together with any incidental or consequential damages. 30. Dispute Resolution 30.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 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 California 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 California 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. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Orange County Sanitation District 7 of 9 Specification No. S-2019-1006BD-R (Rebid) Version 120518 Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 32. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 33. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 34. Damage to OCSD's Property Any of OCSD's property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OCSD. 35. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. 36. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OCSD employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OCSD's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OCSD's employees. 37. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 38. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 39. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract. 40. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 41. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 42. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 8 of 9 Specification No. S-2019-1006BD-R (Rebid) Version 120518 43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service 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: OCSD: Darius Ghazi Senior Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Contractor: Dave Dunavant Estimator Hampton Tedder Technical Services 4571 State Street Montclair, CA 91763 Each party shall provide the other party written notice of any change in address as soon as practicable. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: David John Shawver Board Chairman Dated: By: Kelly A. Lore Clerk of the Board Dated: By: Ruth Zintzun Purchasing & Contracts Manager COMPANY Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 9 of 9 Specification No. S-2019-1006BD-R (Rebid) Version 120518 oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 OPERATIONS COMMITTEE (714)593 7433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-610 Agenda Date: 9/25/2019 Agenda Item No: 11. FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: BLANKET PURCHASE ORDER FOR ARC FLASH SUIT & GLOVE RENTAL PROGRAM FROM CINTAS CORPORATION GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Approve Blanket Purchase Order with Cintas Corporation for 12 calorie per square centimeter rated daily wear uniform and 65 calorie per square centimeter rated Arc Flash Suit and Electrically Insulated Glove Lease Program per Cooperative Agreement Contract: R-BB- 19002, for a total amount not to exceed $380,185 for a three-year contract term, plus one additional three-year renewal option; and B. Approve contingency of$19,000 (5%). BACKGROUND The Orange County Sanitation District's (Sanitation District) maintenance staff are required by Occupational Safety and Health Administration (OSHA) per National Fire Protection Association (NFPA) 70E standards to wear appropriately rated personal protective equipment (PPE). Arc flash suits and electrically insulated gloves are used by electrical, instrumentation, and HVAC maintenance staff to perform daily tasks with electrical exposure. All 65 calorie per square centimeter (cal/cm2) rated arc flash suits worn by electrical, instrumentation, and HVAC maintenance are currently laundered at a local dry cleaning establishment through a blanket purchase order. Risk Management has determined that this type of PPE should be laundered at an industrial facility in order to avoid cross-contamination with local dry cleaning to maintain flame-resistant properties. RELEVANT STANDARDS • Commitment to safety & reducing risk in all operations • Provide a safe and collegial workplace • Participate in local, state, and national cooperative purchasing programs PROBLEM Orange County Sanitation District Page 1 of 3 Printed on 9/19/2019 powered by LegistarTM File #: 2019-610 Agenda Date: 9/25/2019 Agenda Item No: 11. Due to the nature of the work being performed by electrical, instrumentation, and HVAC maintenance staff, and frequency of use, PPE will need to continue to be laundered or repaired/replaced on a reoccurring frequency. Local dry cleaners have been deemed a risk for cross-contamination or improper care of garments with flame-resistant material. Additionally, local dry cleaner use requires staff to deliver and coordinate pick-up of garments. PROPOSED SOLUTION Staff recommends entering into a blanket purchase order with Cintas Corporation (Cintas) for the arc flash uniform daily wear, 65 cal/cm2 suit and electrical insulated glove rental program. This program would launder, inspect, and/or replace the garments; meet compliance with NFPA 70E and ANSI 107 standards; eliminate the risk of cross-contamination at local dry cleaning establishments; and reduce staff time away from maintenance work. Electrically insulated gloves require regular testing and associated recordkeeping which is provided by the vendor. Comparatively, replacement of PPE garments, at the frequency of use, would not be as cost effective. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION Continuing current practices creates potential liability due to the risk of possible cross-contamination at local dry cleaning businesses and improper care of flame-resistant material. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION OMNIA Partners is the largest purchasing organization for the public sector. It is compromised of the two leading cooperative purchasing organizations: U.S. Communities and National IPA. The collective buying power of these two cooperatives deliver best value and large cost savings for public agencies nationwide. Contracts through this organization have all been competitively solicitated through the Request for Proposal (RFP) process, evaluated for best value using best industry practices, and publicly awarded by a government entity acting as the lead agency. The Cintas Contract, Number R-1313-19002, was initially awarded via U.S. Communities with Prince William County Public Schools, VA as the lead agency. CEQA N/A FINANCIAL CONSIDERATIONS Orange County Sanitation District Page 2 of 3 Printed on 9/19/2019 powered by LegistarTM File #: 2019-610 Agenda Date: 9/25/2019 Agenda Item No: 11. This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This recommendation would be funded under the Repairs and Maintenance line item for Operations and Maintenance Department (Budget Update Fiscal Year 2019-20, Page 47), and the available funding is sufficient for this action. Date of Approval Contract Amount Contingency 09/04/2019 $380,185 $19,000 (5%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A RM:ab:gc Orange County Sanitation District Page 3 of 3 Printed on 9/19/2019 powered by LegistarT" oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 ADMINISTRATION COMMITTEE (714)5937433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-613 Agenda Date: 9/25/2019 Agenda Item No: 12. FROM: James D. Herberg, General Manager Originator: Celia Chandler, Director of Human Resources SUBJECT: 2019 ORANGE COUNTY REGIONAL WATER AND WASTEWATER HAZARD MITIGATION PLAN GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Adopt Resolution No. OCSD 19-17 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving and Adopting the 2019 Orange County Regional Water and Wastewater Hazard Mitigation Plan," in accordance with the Disaster Mitigation Act (DMA) of 2000. BACKGROUND The Disaster Mitigation Act (DMA) of 2000 requires all cities, counties, and special districts to develop and adopt local Hazard Mitigation Plans (HMP) to be eligible to receive federal grants pertaining to disaster preparedness. The 2019 Orange County Regional Water and Wastewater Hazard Mitigation Plan (Plan) was recently updated by the Orange County Sanitation District (Sanitation District), in collaboration with 19 other Orange County water and wastewater agencies. The purpose of the Plan is to recognize vulnerabilities from manmade and natural disasters within the Sanitation District's service area that pose a threat to critical infrastructure and identifies mitigation strategies that will reduce risk and increase infrastructure resiliency. Annex C of the 2019 Plan provides additional information specific to the Sanitation District with a focus on the risk assessment and mitigation strategy. The Plan is being presented for review and approval to each participating utilities' governing boards, the California Emergency Management Agency, and the Federal Emergency Management Agency (FEMA). The 2019 Plan builds on the original 2007 Plan and a previous update approved by FEMA in 2012. RELEVANT STANDARDS • Protect Orange County Sanitation District assets • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities • Commitment to safety & reducing risk in all operations Orange County Sanitation District Page 1 of 2 Printed on 9/19/2019 powered by LegistarTM File #: 2019-613 Agenda Date: 9/25/2019 Agenda Item No: 12. PROBLEM The DMA of 2000 requires all cities, counties, and special districts to develop and adopt local HMPs to be eligible to receive federal grants through the Robert T. Stafford Disaster Relief and Emergency Assistance Act pertaining to disaster mitigation. PROPOSED SOLUTION Sanitation District staff recommends adopting Resolution No. OCSD 19-17 to ensure continued eligibility for federal grant funding for disaster preparedness. TIMING CONCERNS Staff recommends adoption and approval of the updated 2019 HMP Plan and associated resolution by September 25, 2019 to be eligible to receive federal grant funding. RAMIFICATIONS OF NOT TAKING ACTION Without approval, the Sanitation District will not be eligible to receive federal grant funding and will not be in compliance with the DMA of 2000. PRIOR COMMITTEE/BOARD ACTIONS February 2012 - The Board of Directors approved the updated 2007 Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan. December 2006 - The Board of Directors adopted the Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan subject to incorporation of comments, if any by the State Office of Emergency Services and the Federal Emergency Management Agency upon completion of their review. ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package.- Annex C of the 2019 Orange County Regional Water and Wastewater Hazard Mitigation Plan • Resolution No. OCSD 19-17 • Resolution Exhibit "A" 2019 Orange County Regional Water and Wastewater Hazard Mitigation Plan (Online Only) Orange County Sanitation District Page 2 of 2 Printed on 9/19/2019 powered by LegistarTM ANNEX C Orange County sanitation District ORANGE COUNTY SANITATION DISTRICT ANNEX The Orange County Sanitation District (OCSD) is a participant (Member Agency [MA]) in the Orange County Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan(HMP or Plan). As a participant MA, OCSD representatives were part of the HMP Planning Process and served on the Planning Team responsible for the Plan Update; refer to Section 2 of the Plan. The primary Plan, including the hazard mitigation plan procedural requirements and planning process apply to OCSD. This Annex supplements information contained in the primary Plan and describes how OCSD's risks vary from the planning area. The Risk Assessment (Section 3) summarizes the hazards and risks that pose a threat to Orange County. The primary Plan treats the entire County as the planning area and identifies which MAs are subject to a profiled hazard. The purpose of this Annex is to provide additional information specific to OCSD with a focus on the risk assessment and mitigation strategy. HAZARD MITIGATION PLAN POINT OF CONTACT AND DEVELOPMENT TEAM The following representatives attended the Planning Team meetings on behalf of OCSD and coordinated the hazard mitigation planning efforts with OCSD staff: Primary Point of Contact Alternate Point of Contact Rod Collins Derek Harp Safety and Health Supervisor Security and Emergency Planning rcollins@ocsd.com dharp@ocsd.com 714-573-7832 714-593-7192 In addition to participating on the Planning Team, an internal team was also formed to support Planning Team representatives and provide information for the Plan update. The following staff served as OCSD's internal hazard mitigation planning development team. Representative Title How Participated Richard Spencer Human Resources/Risk Manager Project Manager George Rivera Security/Emergency Planning Specialist Data Collection JURISDICTION PROFILE (Service Population: 2.5 million) OCSD is responsible for safely collecting,treating,and disposing wastewater(sewage)and industrial waste in central and northwest Orange County. Owning 396 miles of wastewater pipeline, OCSD serves 2.6 million residents in 20 cities, four special districts and the unincorporated areas within north and central Orange County. The District is governed by a board of 25 individuals; 24 board members are elected officials appointed by the cities and special districts served, and one is a representative from the Orange County Board of Supervisors. OCSD treats approximately 185 million gallons of wastewater each day at either Plant No. 1 in Fountain Valley or Plant No. 2 in Huntington Beach and releases it into the ocean five miles from shore and approximately 200 feet below the surface. The one-mile-long diffuser section on the five-mile ocean outfall contains 503 portholes through which treated wastewater are slowly released. Up to 70 million gallons of treated wastewater is reclaimed each day for use by the OCWD to supplement the recharge of the groundwater basin, landscape irrigation, and injection into the sweater intrusion barrier along the coast. Final I August 2019 C-1 ANNEX C Orange County sanitation District In addition to its primary role of managing wastewater for north and central Orange County, OCSD is also concerned about ocean water quality and protecting the coastline from urban runoff contamination. Therefore, OCSD's charter was modified to allow OCSD to accept dry weather urban runoff contaminated with bacteria in the sewer system. The dry weather urban runoff is then treated with the raw sewerage entering the plants and disinfected before it is released to the ocean outfall system. Currently, OCSD recycles all biosolids produced for beneficial use by the agricultural industry and runs an award-winning ocean monitoring program that evaluates water quality, sediment quality and sea life. HAZARDS Detailed hazard profiles for the planning area are provided in Section 3. OCSD's service area includes most of central and northwest Orange County. Compared to southern Orange County, it has less area susceptible to wildfire but more area susceptible to flooding, extreme ground shaking, and liquefaction. There are no hazards that are unique to OCSD. Based on the risk assessment, the OCSD development team identified the following hazards that affect OCSD and summarized their geographic extent, probability of future occurrence, magnitude/severity and significance; refer to Table C-1. Final I August 2019 C-G ANNEX C Orange County sanitation District Table C-1 OCSD Hazard Identification Geographic Probability of Hazard Extent Future Magnitude/Severity Significance Occurrences Climate Change Limited Unlikely Negligible Low Coastal Storms/Erosion Limited Likely Limited Low Tsunami Limited Likely Limited Low Contamination/Salt Water Intrusion Significant Unlikely Limited Medium Dam/Reservoir Failure N/A N/A N/A N/A Drought Limited Unlikely Negligible Low Earthquake Fault Rupture& Extensive Highly Likely Catastrophic High Seismic Hazards Flood Significant Likely Limited Medium Geologic Hazards Significant Occasional Limited Medium High Winds/Santa Ana Winds Limited Unlikely Limited Low Landslide/Mudflow Significant Occasional Limited Low Wildland/Urban Fire Significant Likely Critical Medium Human-Caused Hazards Significant Occasional Critical Medium Power Outage Extensive Highly Likely Catastrophic High Geographic Extent Magnitude/Severity Limited: Less than 10%of planning area Catastrophic—More than 50 percent of property severely damaged; Significant: 10-50%of planning area shutdown of facilities for more than 30 days;and/or multiple deaths. Extensive: 50-100%of planning area Critical-25-50 percent of property severely damaged;shutdown of facilities for at least two weeks;and/or injuries and/or illnesses result Probability of Future Occurrences in permanent disability. Highly Likely: Near 100%chance of occurrence in next year,or Limited-10-25 percent of property severely damaged;shutdown of happens every year. facilities for more than a week;and/or injuries/illnesses treatable do Likely: Between 10 and 100%chance of occurrence in next not result in permanent disability. year,or has a recurrence interval of 10 years or less. Negligible—Less than 10 percent of property severely damaged, Occasional: Between 1 and 10%chance of occurrence in the shutdown of facilities and services for less than 24 hours;and/or next year,or has a recurrence interval of 11 to 100 years. injuries/illnesses treatable with first aid. Unlikely: Less than 1%chance of occurrence in next 100 years,or has a recurrence interval of greater than every 100 Significance years. Low: Minimal potential impact Medium: Moderate potential impact High: Widespread potential impact The identification of hazards provided in Table C-1 is highly dependent on the location of facilities within each agencies jurisdiction and takes into consideration the history of the hazard and associated damage (if any),information provided by agencies specializing in a specific hazard(e.g.,FEMA,California Geological Survey), and relies upon each agencies' expertise and knowledge. Hazard Maps The following maps show the location of hazard zones within the jurisdiction relative to wastewater systems, as applicable. Final I August 2019 C-3 ANNEX C Orange County sanitation District Figure 1 Fire Hazard and OCSD Wastewater Infrastructure T D - - A WATER CO OC- e� LA PALMAr PP4`RN..- \i it \\\\A HE III 1 RBS H' SE E Ar H1 of F" — �Er GROVE-_^ EAST ORA 6AN TAR COUNTY _ STRICTDIST SANITARY BOUHUnu -.RE Cf W CIT L 1 06TRICTT ■ I y/ F. RANTA A J RANCH BEACH N BEE NI�ARlAB 55iR +J t, f EA mrR11 T N BCHT DI9T^R/\]IC�� Fire Hazard ~ MDNLTON Zones T IS 1B DISTRICT r MOderale Hlgh M Very High ORANGE COUNTY SANITATION DISTRICT WASTEWATERINFRASTRUCTURE Gravity Mains ■ WaalewalerT M1t P1a t 10"and greater ■ Dive so-an �_. Facility ---FMall¢ ■ TREATMENTPLANTS -OUMII LInoS 1 �10-W20 -R�,o Sewer Lines Freeways weak,cn,nnel .A}�C�. IL �51' .antl Groalar lekeNrRaservora O OGSO Boundary Janw 2017i I Final August 2019 C- ANNEX C Orange County sanitation District Figure 2 Flood Hazard and OCSD Wastewater Infrastructure -L--1, se,JERRaoulaolnav 1,7 ENSui LA +'. r I® DIVRIC STO 1 � n � ryry TER pIST C - f -3 9rrc— DA I' I _. INE KMDN y 9i-6rsmlcr k ITD each TRABNOC CANYON WATER DISTRICT 4 / — Ck 6u EL ATE N SEFCENT • 3. o„.. ` DISTRICT MDDLTDN Flood Hazard T WAER DISTRICT Zones FEMA 1 OD Y6ar uNreN oIs_ FEMA 500 Year ORANGE COUNTY SANITATION DISTRICT WASTEWATERINFRASTRUCTURE Gravity Mains ■ MMSI alerT M1t RIa t 10"and greater ■ Dive so-an Facility ---FMaim ■ TREATMENTPLANTS —OUMII Llnoe T �10'b20 —R�,o Sewer LIMB Freeways OkW Dlln 61.' lky/ �S1'antl aINsSr lakeArRas e—rvora .�.,..„......��u....a.m, `l O OOSD BoanCary Janw 2017i Final August 2019 r-5 ANNEX C Orange Connty sanitation District Figure 3 Fault Rupture Hazard and OCSD Wastewater Infrastructure EA HABRA B„EA FGLLEnTON G TATE _ —ER NDAaY WATER CO OC— Fr LA PALNA BUENA � — PA4RIN _ - ✓V \ ANA M _ I (t ftOSTRIC r —_ GROVE^ EP COUNTY B sTNICT t COUNTY _ ._. - � �. wdreR Wsr � � -s ITAJnapue0. EEALBE CH 7Y�IrT TRIFT SAN- ELE RAN�N HUNTINGTON r BE -— \ u 1RdeUCO CANYON _CH ...�' WATLR gaTYO GOTTA META nlTnRvosTR w -- EL T R0 + BEhC wE DISTRICT —TA MAR ITA ---- Earthquake r �J Hazard LG T—Ae Alquist-Prido Rupture Zones ORANGE COUNTY SANITATION DISTRICT WASTEWATERINFRASTRUCTURE Gravity Ma ins ■ Waslewnre—nneMPINn1 10"and greater ■ oiv—so-sC— Facility —---Faca Mans \ ■ TREATMENTPLANT9 OullNll Linos T —10'b20' —R,OnM Seu'e,Lines Fr---ys J weak cn,nnel IL �51'antlGroalar LakedlReservora OOOSD Boundary IJan.q,201 Ti �.v,.-...._.....................:...�...a.,mr....,....... '` Final August 2019 C-V ANNEX C Orange County sanitation District Figure 4 Ground Shaking Hazard and OCSD Wastewater Infrastructure MIA oRANDE to EN y �' I < my e STRICT T '/' �... _ � R OIINTe� s INTA A AN. IRVINE NANDN' " y vvATER DISTR17 YONIEIIA �� It NITanv oisA . WAORO III;NEwPoRT ® .� e DISTRICIC T Ground Shaking j ` MN� Susceptibility T T Moderate High `"'� D4C �Extreme ORANGE COUNTY SANITATION DISTRICT WASTEWATERINFRASTRUCTURE Gravity Maine ■ vuaslev�alerTrmtmem clam 4 and greater ■ Diverwn strunvee Facility ---Forco Malr¢ ■ ATMENTPLANTN -0N 1Ll T -li�ionel Serer Lines �I / �I0'b20' Freeraya weak,cn,nr»I IL �51'antlGroaler takRarRaservora `J O OOSD Boundary(Janu 2017) Final I August 2019 r- ANNEX C Orange County sanitation District Figure 5 Liquefaction Hazard and OCSD Wastewater Infrastructure s / , Ir + 5 VrE BCIINDtV I1T E - f 1 n� �/ ArvAXE�r f T EEl 0.OIS RIG` z r ATEa�ar _ B aeTSANIT 3 -- _ ms 17D t xA„RcD X warENDs �/ xvlxE i .n�EncnGry II r-i < '.f�`r osTak,ESA - ,- R r f NeucXr �. G-RIcr �� Liquefaction aDDLDN Susceptibility NIGUEL -Very High _ / DSTRIC? High LU GUNA cX UnknOWn ORANGE COUNTY SANITATION DISTRICT WASTEWATERINFRASTRUCTURE Gravity Maine ■ vuaslew�erTrmlmem clam 10"and greater ■ Dmerwn svunvee l FacilityMENT ---Face lU— ■ ATPLANT9 —Ouxall Llnoe 1 R,,ionel Serer Lines .� / Freeraye �51'antl Groaler Greek.Cka e— wr_....ua„..w.,..eeiu �.•"`.•"'•.""•"",•••• lakearRasrvora ...................�.............,..... .....,,�- `�r O OOSD Boundary Janwry 2017i Final August 2019 C-O ANNEX C Orange Connty sanitation District Figure 6 Landslide Hazard and OCSD Wastewater Infrastructure 8 NSTATE ' =wERR��oIAT _ 'WATER COOC `rZ \A - — _ ABOEN �C .. r_ ROVE RAN •y .. ✓ S N TAR i COUNTY sTRICr wA.ER DIET, �:-' � An < e d r E«BEACH NY PITY SANTA T LLE � a[ 4• A - warERD ST 1s .. H TINOTON BEACH - / - �i�CO CANYON R D SiR Cr t ` u I N OiARAD sSa Ml� i J:y EwLa°Ea° N9EACHr y _ DISTRICT SANTA MOULiON �� t WIL ATER"` - Landslide D19TR1CT Susceptibility LAGUNA BEACH colH,ry wATEa DIsr---.�,� �� 30 Landslide Hazard ORANGE COUNTY SANITATION DISTRICT - WASTEWATERINFRASTRUCTURE Gravity Maine ■ vuaslewalerTrmlmem Planl 10"and greater ■ Dlverwn svunvee - - �.. Facility ---Fo,co Ma11¢ ■ TREATMENTPLANTS —ONIa11 I-— T isnM Sewer Linea Freeways weak,cn,nnel IL �51'antl Groalar izkealRas.—In OOOSDeou d_(Janw 201]) •ev:ue�%-....v,..........m. «.�:.....................::.......... Final August 2019 C-9 ANNEX C Orange Connty sanitation District Figure 7 Tsunami Hazard and OCSD Wastewater Infrastructure B„Ea FGLLEnTON °Eeo=1R G .ATE _ s-ER NDAaY WATER CO OC- LA PALMA BUENA — RMrk _ - ✓V \ ANA M - \ SERReNG ftnbiRlC r GROVE-_^ EPST ORAx 6 siRlCr t COUNTY -TER MST s ITAJwapLSNueD. EALBE C 74 ITT r ■STRIPY ANA WATER U.N' ICT 'q lEl in t cas J EL TO �( DISTRICT l/—'` - MASANTA RGARITA j w'p Tsunami Hazard Zones uxruuw euco �- Tsunami Hazard ORANGE COUNTY SANITATION DISTRICT WASTEWATERINFRASTRUCTURE Gravity Ma ins ■ vuaslevTalerrrmlmem Plznl 10"and greater ■ Diverwn svunvee - - �.. Facility ---Face Mall¢ ■ T ATMENTPLANTS —ODUMI Lm t: l0'm20' FreevayS ,,, r m'0' weak.cnennel "" 51'antl Groaler LakealRaservoka O OOSD Boundary lJan.q,201 Ti •01vi Final August 2019 C-10 ANNEX C Orange County sanitation District VULNERABILITY AND RISK ASSESSMENT Assets Susceptible to Hazard Events Table C-2, OCSD Infrastructure and Exposure to Hazards, identifies OCSD's wastewater infrastructure assets that are located within the mapped hazard zones,identified above. Table C-2 OCSD Infrastructure and Exposure to Hazards Infrastructure Z7% Wastewater Diversion Treatment Pipeline(miles) Lift Stations Structures Plants Moderate 8.7 4 2 0 Fire Hazard Zone High 10.2 0 0 0 Very High 5.2 3 0 0 100-Year 41.8 1 39 2 FEMA Flood Zone 500-Year 129.7 9 6 0 Alquist-Priolo Rupture Zone 0.7 0 0 0 Moderate 0.01 0 0 0 Ground Shaking High 230.9 11 45 4 Extreme 177.2 8 29 0 Moderate 99.7 0 22 0 Liquefaction High 186.2 0 31 2 Very High 15.9 0 1 1 Unknown 29.6 0 4 0 Landslide Zone 1.0 2 5 0 Tsunami Zone 5.0 3 0 1 Several miles of the district's pipeline system along with two treatment plants are located within areas identified as susceptible to flooding. Lift stations are also located within areas mapped as very fire hazard zone. Similarly,several miles and facilities,including lift stations,diversion structures and treatment plants are located within areas identified as having a high or extreme risk of ground shaking and a moderate,high, and very high risk of liquefaction during an earthquake. In addition,a pipeline in Huntington Beach crosses a mapped fault zone three times and lift stations and a treatment plant are located within a tsunami zone. CAPABILITIES ASSESSMENT The capabilities assessment is designed to identify existing local agencies,personnel,planning tools,public policy and programs,technology, and funds that have the capability to support hazard mitigation activities and strategies outlined in this Plan. The OCSD internal development team revised the capabilities identified in the 2012 plan and collaborated to identify current local capabilities and mechanisms available to the MA for reducing damage from future hazard events. Tables C-3a through C-3d assess the authorities,policies, programs,and resources that the authority has in place that are available to help with the long-term reduction Final I August 2019 C-1 t ANNEX C Orange County sanitation District of risk through mitigation. These capabilities include planning and regulatory tools, administrative and technical resources, financial resources, and education and outreach programs. The agency has the ability to create or expand existing policies and programs to implement mitigation programs Table C-3a Planning and Regulatory Capabilities Summary Ordinance,Plan,Policy, Responsible Agency or Department Description/Comments Program Building Code City/County OCSD complies with applicable building codes and works with the cities within the District service area. Zoning Ordinance City/County OCSD complies with applicable zoning ordinances and works with cities within the District service area. Subdivision Ordinance or City/County OCSD complies with applicable subdivision ordinances or regulations, Regulations and works with cities within the District service area. Special Purpose Ordinance City/County OCSD complies with applicable special purpose ordinances,and works with cities within the District service area. Growth Management City/County OCSD complies with applicable growth management ordinances, and Ordinances works with cities within the District service area. Site Plan Review City/County OCSD complies with applicable site plan review requirements,and works Requirements with cities within the District service area. General Plan City/County OCSD complies with applicable General Plan requirements,and works with cities within the District service area. Capital Improvements Plan Finance Department OCSD maintains a capital improvement plan Economic Development Plan City/County OCSD complies with applicable economic development plans,and works with cities within the District service area. Integrated Emergency The IERP is designed to address organized response to emergency Response Plan Risk Communications Division;OCSD situations associated with natural or manmade incidents. Post-Disaster Recovery Plan Risk Communications Division;OCSD This is a component of the IERP. Emergency Public Notification Public Affairs;OCSD OCSD has identified personnel who carry out responsibilities of public information. Emergency Communications Risk Management;OCSD OCSD has the capability to communicate with WEROC and the Orange County OA. Emergency Operations Center Risk Management;OCSD OCSD has a 24-hour operational capability of the EOC staffing,feeding, fuel,for generators. Damage Assessment Teams Risk Management;OCSD DAT will conduct preliminary damage assessments to structures,critical facilities,and infrastructure. HR supports the district in a variety of administrative functions including Human Resources Human Resources Department;OCSD employee training and identification of new staff positions. Hazard mitigation activities are the responsibility of this department. How can these capabilities be expanded and improved to reduce risk? Conduct disaster response fuel analysis and contingency planning with WEROC as a component of the CA Southern California Catastrophic Plan. Evaluate ability to contract with local fuel distributors and gas stations for emergency backup supply. The OCSD Continuity of Operations Plan(COOP)is designed to address and ensure integrated wastewater continuity and emergency response within the service area.Identify whether aspects of the HMP should be incorporated into the COOP. OCSD works with WEROC and other partner agencies in the integration of existing capabilities and shared resources to achieve common planning goals and initiatives. Work with the OCSD Public Affairs office to use district social media to inform residents of special events,emergency information and news. Final I August 2019 C-12 ANNEX C Orange County sanitation District Table C-3b Administrative and Technical Capabilities Summary StafflPersonnel or Type of Resource Responsible Agency or Department Description/Comments Planner(s) Engineer(s)with Knowledge of Outside consultants in coordination with the OCSD staff utilizes an outside consultant with Land Development and Land Management OCSD input from staff. Practices Engineer(s)or Professional(s)Trained in Licensed Civil Engineers and certified building Construction Practices Related to Buildings Engineering Department;OCSD evaluators (Safety Assessment Program and/or Infrastructure certified by Cal OES). Planners or Engineer(s)with an Understanding Engineering Department;OCSD Regional General Plan(RGP). of Natural and/or Human-Caused Hazards Floodplain manager County of Orange Floodplain Manager Adhere to county standards. Surveyors Outside consultant in coordination with OCSD City staff utilizes an outside consultant with input from staff. Staff with Education or Expertise to Assess the Emergency Management Department, OCSD has an emergency coordinator and Community's Vulnerability to Hazards WEROC,County of Orange,OCIAC coordinates with WEROC and the County to assess vulnerabilities. Personnel Skilled in GIS and/or HAZUS Outside consultant in coordination with OCSD City staff utilizes an outside consultant with input from staff. Scientists Familiar with the Hazards of the Emergency Management Department, The district coordinates with WEROC, the Community WEROC,County of Orange County, and the cities in our service area to identify hazards. Emergency Manager Director of Operations,Risk Management OCSD employs a full time emergency manager. Grant Writers Outside consultant in coordination with OCSD City staff utilizes an outside consultant with input from staff. How can these capabilities be expanded and improved to reduce risk? Evaluate participation in MWDOC Water Loss Control Program,including meter testing and leak detection through training of internal staff or through MWDOC's Choice program. Have all agency registered engineers and other qualified individuals attend CalOES Safety Assessment Program(SAP)training for building inspections. Continue to work with the OCSD Public Affairs Office on opportunities to communicate hazard mitigation and emergency planning information to the public and partner agencies. Identify how in house environmental capabilities(performance of sampling,monitoring,analysis and recommendations for collection system,treatment process and marine sediments)can be integrated into hazard mitigation planning. Table C-3c Financial Capabilities Summary Financial Resources Agency or Department Description/Comments Community Development Block Finance Department;OCSD Prepared,submitted,and received funding for various construction Grants(CDBG) projects. Includes but not limited to State Revolving Fund Loan. Capital Improvements Project Finance Department;OCSD The district contributes funds to the capital improvement project fund on Funding a yearly basis. Fees for Water,Sewer,Gas,or Finance Department;OCSD Charge producers for recycled and ground water. Electric Service Incur Debt Through General Finance Department;OCSD Use revenue refunding bonds to refinance existing debt. Obligation Bonds Grants Finance Department;OCSD The district actively applies for federal and state grants. How can these capabilities be expanded and improved to reduce risk? Learn about how to utilize post disaster mitigation grants(Section 406)and incorporate it into the utility's disaster recovery strategy. Table C-3d Final I August 2019 C-13 ANNEX C Orange County sanitation District Education and Outreach Capability Summary Resourceivrogra Agency or Department MM Description/Comments Agency website Public Affairs;OCSD The district informs residents of special events,emergency information, and news. Twitter Public Affairs;OCSD The district informs residents of special events,emergency information, and news. Memorandums Public Affairs;OCSD The district informs residents of special events,emergency information, and news. How can these capabilities be expanded and improved to reduce risk? Participate in WEROC lead efforts to develop standardized messaging for water outages,dam events and general disaster response.Ensure that messaging will work for the general community,as well as the Access,Disability,and Functional Needs community specific to our utility. MITIGATION STRATEGY Mitigation Goals OCSD adopts the hazard mitigation goals developed by the Planning Team; refer to Section 4. Mitigation Actions The internal development team reviewed the mitigation actions identified in the 2012 plan and the updated risk assessment to determine if the mitigation actions were completed, require modification, should be removed because they are no longer relevant, and/or should remain in the Plan Update. New mitigation actions to address the updated risk assessment and capabilities identified above were also considered and added. Table C-4,OCD Mitigation Actions,identifies the mitigation actions,including the priority,hazard addressed,risk, timeframe, and potential funding sources. Table C-4 OCSD Mitigation Actions Priority Risk V Timeframe Status/ (High, Action/Task/Project Location/ (High, Cost Responsible (Immediate, Funding (New,Possible Progress Status Medium, Description Facility Medium,or Short Term, Rationale Sources Existing, or Low) Low) or Long Term) Modified) Secure above- ground assets in all buildings,water Evaluating Being Engineering/ nonstructural Low reclamation plants, District Wide High evaluated Operations Long Budget Existing components. lift stations,pipelines Earthquake and bridge crossings. Perform a seismic high study analysis for all District Wide High 1 Million Engineering Immediate Budget Existing Earthquake structures and facilities. Final I August 2019 C-1 ANNEX C Orange County sanitation District Table C-4 [continued] OCSD Mitigation Actions Priority Risk Timeframe Status/ (High, Action/Task/Project Location) (High, Cost Responsible (Immediate, Funding (New,Possible Progress Status Medium, Description Facility Medium, Short Term, Rationale or Low) or Low) or Long Term) Sources Existing, Modified) Conduct routine site inspections of structures and Corrosion Medium facilities and follow-up District Wide Medium 500K(Year Operations Long Term Budget Existing Management on any reported Program.All structural deficiencies Hazards or mitigation measures. Provide redundant underground communication Low systems for critical District Wide Low N/A Operations Long Term Budget Existing All Hazards facilities to insure reliability of operating systems. Build redundancy into the wastewater collection,treatment, High disposal and non- District Wide High N/A Engineering/ Long Term Budget Existing All Hazards potable distribution Operations system to mitigate major structural defects. Follow the Asset Management Plan for Capacity, Medium replacement and District Wide Medium 200 M Engineering Long Term Budget Existing Corrosion, refurbishment of Level of facilities. service failures Protect and reinforce facilities within flood plain areas,rivers and creeks or relocate Engineering/ Medium facilities out of harm's District Wide Low N/A Operations Long Term Budget Existing Flood way(includes protection and/or relocation of SARI line). Install joint less Low cross gsipenes in all creek and slope CollectiSystem s Low N/A EngineeringOperations/ Long Term Budget Existing Earthquake easements. Identify locations and install sensors/alarms High for harmful District Wide Low N/A Operations Short Term Budget Existing Fire contaminants entering the treatment system. Improve security at Upgrade key facilities and Operations/ CCTV,and Medium District Wide Medium 100K Short Term Budget Existing lighting. install surveillance Security Human Cause equipment. Hazard Final I August 2019 C-15 ANNEX C Orange County sanitation District Table C-4 [continued] OCSD Mitigation Actions Priority Risk Timeframe Status/ (High, Action/Task/Project Location/ (High, (Immediate, Possible Progress Medium, Description Facility Medium, Cost Responsible Short Term, Funding (New, Status Rationale or Low) or Low) or Long Sources Existing, Term) Modified) Locations are Upgrade SCADA currently being Medium system to existing District Wide High 200K Operations/ContractorShort Term Budget Existing determined. sites as needed. Human Caused Hazard. Yorba Linda Pumping Station, Seal Beach Pumping Station, Bitter Point Pump Standardize and Station,Rocky upgrade older lift Point Pump study is being c Medium station electrical and Station,Crystal Low 160M Operations Long Term Budget Existing conducted instrumentation Cove Pumping determine priority. All hazards systems. Station,Bay Bridge Pumping Station, MacArthur Pumping Station, Edinger Pumping Station Survey and improve site fencing and other Conducting a forms of hardening study to deterrence to Operations/ determine Medium facilities including the District Wide Medium 10K Security Short Term Budget Existing prioritization. use of camera and Human Caused wireless hazard communications. Examine opportunities for on- Conducting a line water quality study to determine Medium sensing relative to Di potential human strict Wide Low N/A Water Quality Long Term Budget Existing prioritization. induced Human caused contamination,and Hazard. implement if feasible. Final I August 2019 C-1 G ANNEX C Orange County sanitation District Completed or Removed Mitigation Initiatives The following mitigation actions from the 2012 plan have been completed and therefore are removed from the Plan update. Miti ag tom: Strictly enforce standard separation between water and wastewater infrastructure. Status: Removed,Not applicable. PLAN INTEGRATION OCSD's capital budget,Wastewater Master Plan,and the Integrated Emergency Response Plan are all used to implement mitigation initiatives identified in this annex. After adoption of the HMP, the District will continue to integrate mitigation priorities into these documents. Since the previous Plan Update, OCWD incorporated information from the HMP in its CIP, in addition to the following planning mechanisms: • Incorporation of mitigation initiatives into the Water Master Plan. • The risk assessment information was used to update the hazard analysis in OCSD's Emergency Response Plan. OCSD will continuously monitor the progress of mitigation actions implemented through these other planning mechanisms and,where appropriate,their priority actions will be incorporated into updates of this Plan. Final I August 2019 C-1 ANNEX C Orange Connty sanitation District This page intentionally left blank. Final I August 2019 C-1 O RESOLUTION NO. OCSD 19-17 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING AND ADOPTING THE 2019 ORANGE COUNTY REGIONAL WATER AND WASTEWATER HAZARD MITIGATION PLAN WHEREAS, the United States Congress passed the Disaster Mitigation Act of 2000 emphasizing the need for pre-disaster mitigation of potential hazards; and WHEREAS, the Disaster Mitigation Act of 2000 requires all cities, counties and special districts to develop and adopt a Hazard Mitigation Plan (HMP) to be eligible to receive federal grants pertaining to disaster preparedness; and WHEREAS, the Orange County Sanitation District ("OCSD") recognizes that the threat from natural hazards poses a risk to water and wastewater utilities and the individuals they serve, and impacts can result in regional economic and public health consequences; and WHEREAS, by planning for natural and manmade hazards and implementing projects that mitigate risk, utilities can reduce costly damage and improve the reliability of service following a disaster; and WHEREAS, the Municipal Water District of Orange County, OCSD and 18 other member agencies participated in development of the HMP in conjunction with a consultant; and WHEREAS, the resources and information within the HMP will allow OCSD and the member agencies to identify and prioritize future mitigation projects, meet the requirements of federal assistance programs and grant applications, and encourage coordination and collaboration in meeting mitigation goals; and WHEREAS, a Planning Team was formed to participate in the FEMA-prescribed mitigation planning process to prepare the HMP; and WHEREAS, a public outreach strategy was employed as a required component of developing the HMP, including posting information on member agency websites, email and social media distribution, community survey, and presentations at the Orange County Business Council and Orange County Emergency Management Organization meetings; and WHEREAS, the HMP was made available for public review from August 10, 2018 to September 10, 2018, and WHEREAS, on October 15, 2018 the HMP was provided to the California Department of Emergency Services (CaIOES) for review; and OCSD 19-17-1 WHEREAS, the HMP was revised based on CalOES feedback and was submitted to the Federal Emergency Management Agency(FEMA)for review on February 20, 2019; and WHEREAS, the HMP received FEMA Approval Pending Adoption on July 16, 2019 subject to the member agencies adopting resolutions approving and adopting the HMP; and WHEREAS, the Board of Directors have reviewed the HMP; and WHEREAS, the HMP identifies and assesses hazards most likely to affect OCSD and provides actions to mitigate them. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: That the Orange County Regional Water and Wastewater Hazard Mitigation Plan attached as Exhibit "A" is hereby approved and adopted by OCSD. PASSED AND ADOPTED at a regular meeting of the Board of Directors held September 25, 2019. David John Shawver Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board APPROVED AS TO FORM: Bradley R. Hogin General Counsel OCSD 19-17-2 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 19-17 was passed and adopted at a regular meeting of said Board on the 25t" day of September 2019, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 25t" day of September 2019. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OCSD 19-17-3 FINAL Orange County Regional Water and Wastewater Hazard Mitigation Plan Prepared by: MUNICIPAL WATER DISTRICT OF ORANGE COUNTY 18700 Ward Street Fountain Valley, California 92708 Contact: Kelly Hubbard WEROC Programs Manager 714.593.5010 MICHAEL BAKER INTERNATIONAL 5 Hutton Centre Drive, Suite 500 Santa Ana, California 92707 Contact: Ms. Kristen Bogue 949.855.5747 GPA CONSULTING 2642 Michelle Drive, Suite 110 Tustin, California 92780 Contact: Ms. Starla Barker, AICP 310.792.2690 August 2019 JN 161720 This document is designed for double-sided printing to conserve natural resources. TABLE OF CONTENTS Section1.0 Introduction...................................................................................................................................1-1 1.1 Purpose of the Plan and Authority.......................................................................................1-3 1.2 Multi-Jurisdictional Participation...........................................................................................1-5 1.2.1 Overview of Water and Wastewater Systems in Orange County..............................1-5 1.2.2 Participating Jurisdictions..........................................................................................1-6 1.3 What is New/What Has Changed from the 2012 Plan.........................................................1-8 1.4 Plan Organization................................................................................................................1-9 Section 2.0 Planning Process Documentation..............................................................................................2-1 2.1 Organizing Resources.........................................................................................................2-1 2.1.1 Project Management Team.......................................................................................2-2 2.1.2 Planning Team..........................................................................................................2-2 2.1.3 Public Outreach ........................................................................................................2-6 2.1.4 Review and Incorporate Existing Information............................................................2-8 2.2 Assess Risks.......................................................................................................................2-8 2.2.1 Identify/Profile Hazards.............................................................................................2-9 2.2.2 Assess Vulnerabilities...............................................................................................2-9 2.3 Develop Mitigation Plans.....................................................................................................2-9 2.3.1 Identify Goals............................................................................................................2-9 2.3.2 Develop Capabilities Assessment.............................................................................2-9 2.3.3 Identify Mitigation Actions.......................................................................................2-10 2.3.4 Plan Review and Revision ......................................................................................2-10 2.3.5 Plan Adoption and Submittal...................................................................................2-10 2.3.6 Plan Maintenance...................................................................................................2-10 Section3.0 Risk Assessment..........................................................................................................................3-1 3.1 Hazard Identification and Prioritization ................................................................................3-1 3.1.1 Hazard Identification.................................................................................................3-1 3.1.2 Hazard Prioritization..................................................................................................3-4 3.2 Hazard Profiles....................................................................................................................3-6 3.2.1 Climate Change........................................................................................................3-7 3.2.2 Coastal Storms/Erosion ............................................................................................3-9 3.2.3 Contamination/Salt Water Intrusion ........................................................................3-11 3.2.4 Dam/Reservoir Failure............................................................................................3-13 3.2.5 Drought...................................................................................................................3-21 3.2.6 Earthquake Fault Rupture&Seismic Hazards (Ground Shaking & Liquefaction)...3-26 3.2.7 Flood.......................................................................................................................3-40 3.2.8 Geologic Hazards(Expansive Soils&Land Subsidence).......................................3-45 3.2.9 High Winds/Santa Ana Winds.................................................................................3-49 3.2.10 Landslide/Mudflow..................................................................................................3-52 3.2.11 Tsunami..................................................................................................................3-57 3.2.12 Wildland/Urban Fire................................................................................................3-61 3.2.13 Human-Caused Hazards.........................................................................................3-66 3.2.14 Power Outage.........................................................................................................3-71 3.3 Vulnerability Assessment...................................................................................................3-72 3.3.1 Asset Inventory.......................................................................................................3-73 Final I August 2019 1 TABLE OF CONTENTS 3.3.2 Estimating Potential Exposure and Losses.............................................................3-73 3.3.3 Land Use Development and Trends/Changes in Development..............................3-74 3.3.4 Vulnerable Populations...........................................................................................3-75 3.4 Summary of Vulnerability...................................................................................................3-76 Section 4.0 Mitigation Strategy.......................................................................................................................4-1 4.1 Hazard Mitigation Overview.................................................................................................4-1 4.1.1 FEMA's National Flood Insurance Program..............................................................4-1 4.2 Hazard Mitigation Goals ......................................................................................................4-2 4.3 Identify and Prioritize Mitigation Actions..............................................................................4-2 4.3.1 Hazard Mitigation Benefit-Cost Review.....................................................................4-3 4.4 Regional Considerations......................................................................................................4-6 4.4.1 Regional Fiscal Resources.......................................................................................4-7 Section 5.0 Plan Maintenance.........................................................................................................................5-1 5.1 Monitoring, Evaluating and Updating the Plan.....................................................................5-1 5.1.1 Plan Maintenance.....................................................................................................5-1 5.1.2 Plan Evaluation.........................................................................................................5-1 5.1.3 Plan Updates ............................................................................................................5-2 5.1.4 Adoption....................................................................................................................5-3 5.1.5 Implementation Through Existing Programs.............................................................5-3 5.1.6 Continued Public Involvement...................................................................................5-6 Section6.0 References....................................................................................................................................6-1 APPENDICES Appendix A Agency Adoption Resolutions Appendix B Planning Process Documentation Final I August 2019 11 TABLE OF CONTENTS LIST OF FIGURES Figure 1-1 Member Agency Participants........................................................................................................1-10 Figure 3-1 March 17, 2018 PDSI...................................................................................................................3-24 Figure3-2 July 26, 2014 PDSI.......................................................................................................................3-25 Figure 3-3 Ground Shaking Hazard...............................................................................................................3-30 Figure 3-4 Alquist-Priolo Rupture Zones........................................................................................................3-31 Figure 3-5 Location of Earthquake Faults Bounding the CDWC Service Area and Orange County..............3-34 Figure 3-6 Liquefaction Susceptibility Zones.................................................................................................3-36 Figure 3-7 Peak Ground Acceleration with 2 Percent Probability in 50 Years for the United States .............3-39 Figure3-8 Flood Zones .................................................................................................................................3-44 Figure3-9 Subsidence...................................................................................................................................3-47 Figure 3-10 Landslide Susceptibility................................................................................................................3-56 Figure 3-11 Tsunami Hazard Zones................................................................................................................3-60 Figure 3-12 Fire Hazard Severity Zones..........................................................................................................3-65 Final I August 2019 M TABLE OF CONTENTS LIST OF TABLES Table 2-1 DMA 2000 CFR Crosswalk.............................................................................................................2-1 Table 2-2 Members of the Planning Team .....................................................................................................2-3 Table 2-3 Planning Team Meeting Summary.................................................................................................2-6 Table 2-4 Existing Plans and Studies.............................................................................................................2-8 Table 3-1 Hazard Identification.......................................................................................................................3-2 Table3-2 Hazard Rankings............................................................................................................................3-4 Table 3-3 Hazard Ranking Methodology........................................................................................................3-5 Table 3-4 Severe and Extreme SC-PDSI Drought Periods 1920-2012 Lasting 12 Months or Longer(Santa Ana, CA).............................................................................3-23 Table 3-5 Palmer Drought Severity Index.....................................................................................................3-23 Table 3-6 Magnitude 5.0 or Greater Earthquakes in the Southern California Region...................................3-28 Table 3-7 Characteristics of Important Geologic Faults in Orange County...................................................3-33 Table 3-8 Comparison of MMS and Modified Mercalli Intensity Scale..........................................................3-37 Table 3-9 Presidential Disaster Declarations for Flooding in Orange County Since 1969............................3-41 Table 3-10 Major High Wind Events...............................................................................................................3-50 Table 3-11 Major Wildfires..............................................................................................................................3-62 Table 3-12 Unit Replacement Costs of Facilities............................................................................................3-74 Table3-13 Summary Assets..........................................................................................................................3-77 Table 3-14 Planning Area Critical Facilities and Infrastructure Exposure Costs by Hazard ...........................3-78 Table 4-1 STAPLEE Review and Selection Criteria.......................................................................................4-5 Final I August 2019 1V SECTION ONE Introduction SECTION 1 INTRODUCTION Across the United States, natural and manmade disasters have led to increasing levels of death, injury, property damage, and interruption of business and government services. The impact to water and wastewater utilities and the individuals they serve can be immense and damages to their infrastructure can result in regional economic and public health consequences. The water and wastewater utilities are vulnerable to a variety of hazards that can result in damaged equipment, loss of power, disruption to services, contaminated water supply, and revenue losses. By planning for natural and manmade hazards and implementing projects that mitigate risk, utilities can reduce costly damage and improve the reliability of service following a disaster. As a best practice Orange County water and wastewater agencies have worked together for decades to improve regional and local reliability and resiliency through joint or collaborative capital improvement projects, planning processes and emergency management practices. Throughout the county's history the need for, and development of, water and wastewater services has been driven by the principles of economies of scale, and limitations of risk by working together among the wholesale and retail water and wastewater agencies. Below is a brief history of this collaborative process that developed the framework for this multi-agency plan today. • In 1921 the Orange County Joint Outfall Sewer (JOS) is formed. Santa Ana and Anaheim agree to construct an outfall extending into the Pacific Ocean. • In 1928 the Cities of Anaheim, Fullerton and Santa Ana realized that groundwater supplies were insufficient to meet the demands of their growing communities, prompting them to join the Metropolitan Water District of Southern California (MET) in order to get access to water imported from the Colorado River. • In 1931 local agencies again recognized the importance of economies in scale by forming the Orange County Water District (OCWD). One of the goals of OCWD is to protect Orange County's Santa Ana River water rights from upstream interest. • Growth in Orange County continued into the 1940's and 1950's when it was realized that the next increment of supplies was needed. That is when portions of what is now Orange County(outside of those original three cities)joined MET. MET was formed for much the same reason in that it was more economical and less risky to pursue importation of water from the Colorado River and later Northern California as part of a large co-op rather than having each local entity rely on their own planning and development of water supplies. • Following a 1946 Board of Supervisor's Orange County Sewerage Survey Report, seven individual districts combine into the JOS. While individual cities continue to maintain sewage collection systems, county-wide collections and treatment become a regional operation. And after several reiterations becoming the Orange County Sanitation District. • Later, as Orange County continued to develop and expand, these new developments were located further and further from the MET pipelines bringing water into Orange County. Economically it was again much more efficient, and less risky, for local members to ban together to participate in regional pipelines and other water facilities to convey the MET water from where it was available to where it was needed. Even today, water reliability planning is conducted based on these original areas, each with its own supply reliability risk profile. The three areas are: 1. Brea/La Habra service area — have about 80% of their supplies are from Cal Domestic Water Company groundwater sources in San Gabriel Valley. Final August 2019 l—l SECTION ONE Introduction 2. Orange County Water District service area — gets about 75% of their supplies from groundwater sources 3. South Orange County service area—has few local resources,thereby requiring the import of about 95%of their potable water demands • In 1983 the Volunteer Emergency Preparedness Organization (VEPO) was formed, creating a mutual aid agreement and communications system for Orange County's 33 water utilities to work together. • Following the 1994 Northridge Earthquake and subsequent Standardized Emergency Management System in 1996, OC water agencies recognized the need to staff the VEPO program as a shared service to support its member agency's disaster readiness. • VEPO was renamed to the Water Emergency Response Organization of Orange County (WEROC)in 1999 to better reflect its goal and purpose. • The agency known today as the South Orange County Wastewater Authority (SOCWA) was formed in 2001 when the South East Regional Reclamation Authority (SERRA), Aliso Water Management Agency (AWMA) and South Orange County Reclamation Authority (SOCRA) consolidated to meet the wastewater needs of more than 500,000 homes and businesses across South Orange County. • In 2006 WEROC staff realized the importance of including wastewater agencies in its program, as many of its water utilities also provided wastewater services and that the sectors had similar resources that could support each other. With this change, the program welcomed in wastewater agencies and grew to support 37 agencies in total. • In 2008 the internationally awarded Ground Water Replenishment System (GWR) was completed. This was a joint project of the Orange County Water District and the Orange County Sanitation District enhancing reliability for all of the county. As has been demonstrated throughout the history of Orange County, the principles of banding together with neighboring interests to create joint regional infrastructure, connected systems and economies of scale has been applied time and time again. Working together to develop a multi jurisdictional hazard mitigation plan focused on the agencies (cities and special districts) that provide drinking water and wastewater services came from an already standing practice of regional planning and coordination to improve resiliency and response. Additionally, it gave the participating agencies the opportunity to focus on risk as it applies specifically to these services and not all of their jurisdiction's services. In 2005, WEROC started to work with its member agencies, CalOES and FEMA to fund the first multi- jurisdictional plan through a Hazard Mitigation Planning Grant. In 2007, with the assistance of the Mitigation Grant, the Municipal Water District of Orange County (MWDOC) along with 20-member agencies prepared a Multi-Jurisdictional Hazard Mitigation Plan (HMP or Plan) that identified critical water and wastewater facilities in the county, and mitigation actions in the form of projects and programs to reduce the impact of natural and manmade hazards on these facilities. The vision of a plan that takes into consideration regional and local infrastructure and how it works together while building it stronger, supported other planning efforts such as the South Orange County Reliability Study and later the Orange County Reliability Study. This plan builds on the original 2007 Plan and a previous update approved in 2012. MWDOC was joined in this current update by 18 participating water and wastewater utilities, hereafter, referred to as Member Agencies (MA),that serve communities in Orange County, California. The Plan was prepared with input from county residents, orange county emergency managers, and with the support of the California Governor's Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency Final I August 2019 1-2 SECTION ONE Introduction (FEMA). The process to develop the Plan included five planning team meetings and coordination with representatives from MWDOC and each participating MA. The Plan is a guide for MWDOC and the MAs over the next five years toward greater disaster resistance in harmony with the character and needs of the local community and the MAs. The Plan focuses on participating water and wastewater facilities in the county and identifies mitigation actions to reduce the impact of natural and manmade hazards on critical facilities. In addition, each agency will utilize current, approved planning documents that identify implementation strategies for capital improvement, risk reduction, system upgrades, and operations. These documents complement the Plan and include but are not limited to: All Hazards SEMS/NIMS Emergency Response Plans, capital improvement plans, and asset management plans. The Plan is a working document that will grow and change as our communities and MAs do. This means at times participating agencies may identify a higher priority than noted in this Plan, or a redirection of goals based on current information or updated decisions. In consideration of this concept, there may be projects or policies that need to be considered that were not included in this document. These changes will be documented during the Plan implementation and formal updates to the Plan will be made every five years as required. 1.1 PURPOSE OF THE PLAN AND AUTHORITY Federal legislation has historically provided funding for disaster relief, recovery, and some hazard mitigation planning. The Disaster Mitigation Act of 2000(DMA 2000)is the latest legislation to improve this planning process (Public Law 106-390). This legislation reinforces the importance of mitigation planning and emphasizes planning for disasters before they occur. As such,DMA 2000 establishes a pre- disaster hazard mitigation program and new requirements for the national post-disaster Hazard Mitigation Grant Program (HMGP). The Pre-Disaster Mitigation Act of 2010 was signed into law in January of 2011 but does not impact the planning process. The 2010 Act reauthorizes the pre-disaster mitigation program. Section 322 of DMA 2000 specifically addresses mitigation planning at the state and local levels. It identifies the requirements that allow HMGP funds to be used for planning activities and increases the amount of HMGP funds available to states that have developed a comprehensive, enhanced mitigation plan prior to a disaster. States and communities must have an approved mitigation plan in place prior to receiving pre- or post-disaster funds. Local mitigation plans must demonstrate that their proposed mitigation measures are based on a sound planning process that accounts for the risk to and the capabilities of the individual communities. DMA 2000 is intended to facilitate cooperation between state and local authorities, prompting them to work together. It encourages and rewards local and state pre-disaster planning and promotes sustainability as a strategy for disaster resistance. This enhanced planning network is intended to enable local and state governments to articulate accurate needs for mitigation, resulting in faster allocation of funding and more effective risk reduction projects. FEMA prepared the Final Rule, published in the Federal Register on September 16, 2009 (Code of Federal Regulations(CFR) at Title 44, Chapter 1,Part 201 (44 CFR Part 201 and 206)),which establishes planning and funding criteria for states and local communities. Final I August 2019 1-3 SECTION ONE Introduction For federal approval,the following criteria must be met during the planning process: • Complete documentation of the planning process. • Detailed risk assessment of hazard exposures in the community and water and wastewater infrastructure. • Comprehensive mitigation strategy, describing goals and objectives, proposed strategies, programs and actions to avoid long-term vulnerabilities. • A planned maintenance process will describe the method and schedule of monitoring, evaluating and updating the plan, and the integration of the Plan into other planning mechanisms. • The formal adoption of the governing bodies of each participating jurisdiction. • Plan review by both Cal OES and FEMA. As the cost of recovering from natural disasters continues to increase, the MAs realize the importance of identifying effective ways to reduce vulnerability to disasters. Hazard mitigation plans assist communities in reducing risk from natural hazards by identifying resources, information, and strategies for risk reduction,while guiding and coordinating mitigation activities. The Orange County Water and Wastewater Hazard Mitigation Plan(HMP or Plan)provides a framework for participating water and wastewater utilities to plan for natural and man-made hazards in Orange County. The resources and information within the Plan will allow participating jurisdictions to identify and prioritize future mitigation projects, meet the requirements of federal assistance programs and grant applications, and encourage coordination and collaboration in meeting mitigation goals. The Plan is intended to serve many purposes,including: • Enhance Public Awareness and Understanding— To help county residents better understand the natural and man-made hazards that threaten public health, safety, and welfare; economic vitality; and the operational capability of important facilities; • Create a Decision Tool for Management— To provide information so that water and wastewater managers and leaders of local government may act to address vulnerabilities; • Enhance Local Policies for Hazard Mitigation CapabilitX — To provide the policy basis for mitigation actions that will create a more disaster-resistant future; • Provide Inter-Jurisdictional Coordination of Mitigation-Related Programming— To ensure that proposals for mitigation initiatives are reviewed and coordinated among MWDOC and MAs; and • Promote Compliance with State and Federal Program Requirements —To ensure that MWDOC and MAs can take full advantage of state and federal grant programs,policies, and regulations. To qualify for certain forms of federal aid for pre- and post-disaster funding, local jurisdictions must comply with the federal DMA 2000 and its implementing regulations. The Plan has been prepared to meet FEMA and Cal OES requirements, thus making MWDOC and the participating MAs eligible for funding and technical assistance for State and federal hazard mitigation grant programs. DMA 2000 requires local hazard mitigation plans, including this Plan, to be updated every five years. This means that the Plan is designed to carry the MAs through the next five years, after which its assumptions, goals,and objectives will be revisited,updated, and resubmitted for approval. Final I August 2019 1- SECTION ONE Introduction 1.2 MULTI-JURISDICTIONAL PARTICIPATION 1.2.1 Overview of Water and Wastewater Systems in Orange County Water distribution and wastewater collection and treatment in Orange County involves dozens of agencies and utilities working together, and relies on integrated, regional systems and facilities. There are several retail water and wastewater utilities in Orange County, each with its own distinct service area and sources of potable water. The retail water agencies include water districts and city water departments. The Municipal Water District of Orange County (MWDOC) is a wholesale water supplier and resource planning agency that serves all of Orange County(except Anaheim,Fullerton, and Santa Ana)through 28 retail water agencies. MWDOC purchases imported water from the Metropolitan Water District of Southern California (Metropolitan) for distribution to its member agencies, which provide retail water services to the public. Local supplies meet more than half of Orange County's total water demand. To meet the remaining demand, MWDOC purchases imported water from northern California (through the State Water Project) and the Colorado River. This water is provided by Metropolitan, which in addition to Orange County, also serves Ventura, Los Angeles, San Bernardino, Riverside, and San Diego counties.' Local water supplies in Orange County vary regionally and include groundwater, recycled wastewater, and surface water. Water supply resources in MWDOC's service area include groundwater basins,which provide a reliable local source and are also used as reservoirs to store water during wet years and draw from storage during dry years. Recycled water and surface water provide an additional local source to some MWDOC retail agencies, with surface water captured mostly from Santiago Creek into Santiago Reservoir.2 The Orange County Water District (OCWD) manages and replenishes the Orange County Groundwater Basin (Basin), ensures water reliability and quality, prevents seawater intrusion, and protects Orange County's rights to Santa Ana River water. The Basin contains approximately 500,000 acre-feet of usable storage water and covers 270 square miles. The Basin is a reliable source of water and provides approximately 75 percent of north and central Orange County's water supply, as south Orange County is virtually 100 percent dependent on imported water.' MWDOC and OCWD work cooperatively and continue to evaluate new and innovative programs, including seawater desalination, wetlands expansion, recharge facility construction, surface storage, new water use efficiency programs, and system interconnections for enhanced reliability. Wastewater collection and treatment in Orange County is managed by two regional agencies: The Orange County Sanitation District (OCSD) and the South Orange County Wastewater Authority (SOCWA). OCSD and SOCWA, which cover north and central Orange County and south Orange County, respectively, are responsible for the trunk line collection, treatment, biosolids management, and ocean outfalls for treated wastewater disposal. OCSD has two primary treatment facilities and SOCWA has three primary treatment facilities that treat wastewater from residential, commercial and industrial sources. 1 Municipal Water District of Orange County,2015 Urban Water Management Plan,May 2016. 2 Ibid. 3 Orange County Water District,OCWD Brochure,July 2017. Final I August 2019 1-5 SECTION ONE Introduction 1.2.1.1 Potable Water Supplies— Current and Future Potable water demand for Orange County was about 485,000 acre-feet per year (AF/yr) in 2017. The County's population is projected to rise from 3.1 million to 3.7 million people by 2025, and potable water demand is projected to rise at just about the same rate to about 575,000 AF/yr. With planned local water-supply projects plus the continued availability of Metropolitan water to replenish the OCWD Basin, demand projections show a 12 percent decrease in demand for imported, full- service Metropolitan water by 2025. If the local projects do not get built or produce less than planned or are merely delayed,then additional Metropolitan water will be needed. 1.2.2 Participating Jurisdictions Following is a list of the jurisdictions (MAs)participating in the Plan update;refer to Figure 1-1. This list is organized first by the four utilities that have regional management responsibilities that extend to several water districts or city utilities and then by local water retail utilities: • Municipal Water District of Orange County • Orange County Water District • Orange County Sanitation District • South Orange County Wastewater Authority • City of Buena Park(Utilities Division) • El Toro Water District • City of Garden Grove Water Division • City of La Habra(Water Division and Wastewater Division) • Laguna Beach County Water District • Mesa Water District • Moulton Niguel Water District • City of Newport Beach(Utilities Department) • City of Orange (Water and Wastewater Division) • Santa Margarita Water District • Serrano Water District • South Coast Water District • Trabuco Canyon Water District • City of Westminster(Water Division) • Yorba Linda Water District • Garden Grove Sanitary District It should be noted that the City of Tustin was a participant in the original 2007 Plan and 2012 Update; however, the City is not a participant in the 2018 Update. It should also be noted that the Cities participating in the Plan did not represent all of the services of that city,but rather only the services noted being water or/and wastewater. This focus was purposeful to support the collaboration of these services on a regional and local level. Additionally, the city services participating are typically"enterprise funds," which allowed for those services to participate in a hazard mitigation process regardless of whether the entire city could support the planning process fiscally through funding and staff commitments. Final I August 2019 1-6 SECTION ONE Introduction Retailers can be grouped into the following three regions based on the availability of local groundwater resources: • The Basin provides approximately 75 percent of north and central Orange County's water supply. The rest of their supply is primarily imported water provided by Metropolitan; although Serrano Water District and the City of Orange are partly served by local runoff captured in Irvine Lake. Participating MAs within the Basin include the water departments for the cities of Buena Park, Garden Grove, Newport Beach, Orange, and Westminster and the Mesa, Serrano, and Yorba Linda water districts. • South Orange County is almost 100 percent dependent on Metropolitan for its potable water supply. Parts of this area are within the San Juan Capistrano Groundwater Basin, which is managed by the San Juan Basin Authority. Local groundwater in the area is high in salts and accounts for less of the water supply than utilities in the OCWD Basin. MAs include El Toro, Laguna Beach County, Moulton Niguel, Santa Margarita, South Coast, and Trabuco Canyon water districts. • The Brea/La Habra region receives groundwater from the San Gabriel Basin in Los Angeles County through the California Domestic Water Company and from Metropolitan. Of the two utilities in the region, the City of La Habra is a MA. The city also operates a small groundwater well. Although located within Orange County, the participating MAs do not comprise or serve the entire County. In addition, the service areas for each of the MAs participating in the Plan do not necessarily align with incorporated or unincorporated boundaries or city boundaries. In many cases a MA may serve multiple cities and/or portions of cities/unincorporated areas. This includes even the city MA further contributing to why some city MA choose to participate in a sector specific hazard mitigation plan process. Profiles for each of the participating water and wastewater utilities are provided in the Jurisdictional Annexes. The Plan must be formally adopted by each jurisdiction's governing body, which may be the Board of Directors for each agency and districts and the City Council for each city water and/or wastewater department. In order to meet the FEMA guidelines for mitigation plans to address a jurisdiction in its entirety, the participating cities have a current adopted, or are in the process of completing, a single- jurisdiction local hazard mitigation plan in effect for the entire city. In these cases, it has been incumbent upon the individual cities and their decision-makers to decide how best to integrate elements of this Plan into its overall mitigation strategy and other existing plans and processes. Information on each participating city's single jurisdiction mitigation plan has been provided within their respective annex for cross-reference. It is recognized that eligibility for hazard mitigation grant funding for the city water and/or wastewater services within this plan, will occur through an approved and adopted city-wide mitigation plan. The resources and background information in the Plan are applicable countywide, providing the groundwork for goals and recommendations for other local mitigation plans and partnerships. In the identification of shared action items, the Plan fosters the development of partnerships and implementation of preventative activities. A unified, multi jurisdictional plan will ensure that any proposals for mitigation initiatives are reviewed and coordinated among the participating agencies and utilities. Final I August 2019 1- SECTION ONE Introduction 1.3 WHAT IS NEW/WHAT HAS CHANGED FROM THE 2012 PLAN Several sections of the 2018 Plan update have been modified from the original 2007 Plan and 2012 Plan update, including the use of annexes for each of the participating jurisdictions. Changes made to specific sections of the Plan are summarized below: Several sections of the 2018 Plan update have been modified and reorganized from the original 2007 Plan and 2012 Plan update, including the use of annexes for each of the participating jurisdictions. Changes made to specific sections of the Plan are summarized below: • Section One: Section One has been significantly modified to move profile information specific to each participating jurisdiction to the Jurisdictional Annexes. Text has also been modified to clarify the multi jurisdictional involvement, updated outdated or irrelevant information, and to streamline the section. This subsection, what is new/what has changed from the 2012 plan, has also been added. • Section Two: Section Two now documents the Planning Process. This section has been completely revised and updated to discuss the process for the Plan update, including the Planning Team,meetings,public outreach, and overall process for the Plan update. • Section Three: Section Three now comprises the Risk Assessment. The hazards have been updated to reflect hazards that affect the planning area, as determined by the Planning Team. This includes the removal of tornados and extreme heat (included in the 2012 plan) and the addition of power outage and climate change. In some cases, the hazards were reorganized or combined under a primary heading, such as Geologic Hazards, which includes expansive soils and land subsidence and Seismic Hazards, which include fault rupture, ground shaking and liquefaction. Each of the hazard profiles were updated to reflect hazard occurrences (if any) since the 2012 plan was prepared. In preparation of the 2018 Plan update, infrastructure mapping for each of the MAs was completed. An independent consultant working directly with MWDOC (who coordinated with the MAs), updated water and wastewater infrastructure information for each MA. As part of the 2018 Plan update, these critical facilities were overlaid with mapped hazard areas to determine which assets are in each hazard area and to assess overall vulnerabilities. • Section Four: Section Four now documents the Mitigation Strategy. This section was renamed and includes overarching hazard mitigation goals for the planning area. It was determined through the Planning Team meetings that mitigation goals are similar for all participating jurisdictions and therefore one set of goals were developed. Some participating jurisdictions identified additional goals specific to their agencies, which have been included in the respective Jurisdictional Annex. Updated mitigation actions and capabilities assessments specific to each participating jurisdiction have been moved to the Jurisdictional Annexes. An overview of hazard mitigation is provided, including the methodology for identifying and prioritizing mitigation actions. • Section Five: Section Five now documents the Plan Maintenance process. This section involves minor modifications and updates. Final August2019 1-8 SECTION ONE Introduction • Section Six: Section Six now documents the Plan references and has been updated to reflect references used in preparation of the 2018 Plan update. • Jurisdictional Annexes: The Jurisdictional Annexes are new to the Plan update. An annex is provided for each MA and includes updated components of the hazard mitigation plan that are specific to each jurisdiction. • Appendices: The Appendices have been completely updated to include 2018 Plan update materials. 1.4 PLAN ORGANIZATION The Orange County Regional Water and Wastewater HMP is organized into the following sections: • Section One—Introduction: Provides an overview of the Plan, a discussion of the Plan's purpose and authority, a description of the multi jurisdictional participation, a summary of how this update differs from previous versions of the Plan and describes the Plan's organization. • Section Two —Planning, Process Documentation: Describes the HMP planning process, as well as the meetings and outreach activities undertaken to engage the MAs and the public. • Section Three—Risk Assessment: Identifies and profiles the hazards that threaten the area served by the MAs and identifies the vulnerability and risk to critical water and wastewater infrastructure associated with each hazard. Due to the vast planning area associated with the MAs participating in the Plan, this section addresses the entire geographic area served by the MAs. The Jurisdictional Annexes detail the hazards, risk assessments, and mitigation strategies specific to each MA. • Section Four — Mitigation Strategy: Includes multi jurisdictional goals for the 2018 Plan and summarizes the mitigation action plan process. Mitigation actions and capabilities specific to each MA are detailed in the Jurisdictional Annexes. • Section Five — Plan Maintenance: Discusses how the 2018 Plan update will be monitored, evaluated, and updated over the next five years. • Section Six—References: Identifies the resources used in preparation of the 2018 Plan update. • Jurisdiction Annexes: Provides a profile of the jurisdiction, describe the hazards, assess the vulnerabilities, identify the capabilities, and describe the mitigation strategy specific to each participating jurisdiction. • Appendices: Provides the 2018 Plan update materials. Sections one through seven comprise the primary HMP. It describes the Plan, multi jurisdictional planning process, and hazard mitigation planning requirements for each MA. The information in these sections are applicable to all the MAs. The Jurisdictional Annexes provide hazard mitigation planning information specific to each MA and supplements the information contained in the other sections. Final I August 2019 1-9 SECTION ONE Introduction Figure 1-1 Member Agency Plan Participants SAN BERNARDINO LOS ANGELES �YORBALINDA ; WATER DISTRICT RIVERSIDE 1 ♦ 1 SERRANO 1 j WATER ♦ ll I 1 0ISTRICT ♦ 1 ORANGE t ♦♦♦ 1 GARDEN GROVE J I STE EAST ORANGE i COUNTYWATER i �I DISTRICT `� ` ��♦ `'i ` t eat 4. _ ♦ E ,f M DISTRICT R a `. ( TRABUCO CANYON WATER DISTRICT f byf N BEACH, — ' �` ELT RO 0 WATER j DISTRICT SANTA MARGARITA _ f 1 WATER DISTRICT MOULTON NIGUEL LAGUNA WATER DISTRICT BEACH COUNTY WATER DISTRICT PACIFICOCEAN SOUTH COAST i•_,— WATER DISTRICT SAN DIEGO LEGEND Participating Water Districts _—_— OCWDService Area ® Participating Sanitary Districts OCSDSerweArea ®Par ciPating Water SOCWA Service Area &Sanitary Districts r---� ! J MWDOC Service Area 0 2.5 5 Final August 2019 1—10 SECTION TWO Planning Process Documentation SECTION 2 PLANNING PROCESS DOCUMENTATION This section describes each stage of the planning process used to update the Multi-Hazard Mitigation Plan (Plan). The planning process provides a framework to document the Plan's update and follows the FEMA-recommended steps. The Plan update follows a prescribed series of planning steps, which includes organizing resources, assessing risk, updating the mitigation actions, updating the Plan, reviewing and revising the Plan, and adopting and submitting the Plan for approval. Each step is described in this section. Hazard mitigation planning in the United States is guided by the statutory regulations described in the DMA 2000 and implemented through 44 Code of Federal Regulations (CFR) Parts 201 and 206. FEMA's hazard mitigation plan guidelines outline a four-step planning process for the development and approval of Hazard Mitigation Plans (HMPs). Table 2-1, DMA 2000 CFR Crosswalk, lists the specific CFR excerpts that identify the requirements for approval. Table 2-1 DMA 2000 CFR Crosswalk DMA 2000(44 CFR 201.6) 2018 Plan Update Section (1)Organize Resources Section 3 201.6(c)(1) Organize to prepare the plan 201.6(b)(1) Involve the public 201.6(b)(2)and(3) Coordinate with other agencies (2)Assess Risks Section 4 201.6(c)(2)(i) Assess the hazard 201.6(c)(2)(ii)and(iii) Assess the problem (3)Develop the Mitigation Plan Section 5 201.6(c)(3)(i) Set goals 201.6(c)(3)(ii) Review possible activities(actions) 201.6(c)(3)(iii) Draft an action plan (4)Plan Maintenance Section 6 201.6(c)(5) Adopt the plan 201.6(c)(4) Implement,evaluate,and revise As documented in the corresponding sections, the planning process for the 2018 Plan update is consistent with the requirements for hazard mitigation planning with customizations, as appropriate. All basic federal guidance documents and regulations are met through the customized process. 2.1 ORGANIZING RESOURCES One of the first steps in the planning process involved organization of resources, including identifying the Project Management Team, and convening the Hazard Mitigation Plan Planning Team (Planning Team) and performing document review. Final I August 2019 2-1 SECTION TWO Planning Process Documentation 2.1.1 PROJECT MANAGEMENT TEAM The Project Management Team was responsible for the day-to-day coordination of the Plan update work program, including forming and assembling the Planning Team; scheduling Planning Team meetings; preparing, reviewing, and disseminating Planning Team meeting materials; coordinating, scheduling, and participating in community engagement activities and meetings; and coordinating document review. The Project Management Team was led by an Emergency Coordinator from the Water Emergency Response Organization of Orange County (WEROC), administered by the Municipal Water District of Orange County (MWDOC), who served as Project Manager and participated on the Planning Team. The Project Manager monitored planning progress and met with participating jurisdictions as needed to assist with obtaining and updating information for the Plan. The Project Management Team also included the Emergency Manager from WEROC/MWDOC, who served as the Project Manager for the 2012 Plan update and provided guidance as well as historical insight and knowledge associated with the 2012 Plan. The Project Management Team worked directly with the Consultant Project Management Team throughout development of the Plan update. The Consultant Team, consisting of a variety of hazard mitigation/planning professionals, provided guidance and support to MWDOC and the Planning Team through facilitation of the planning process, data collection, community engagement, and meeting material and document development. 2.1.2 PLANNING TEAM The planning process for the Plan update involved ten water districts, two regional wastewater agencies, and the water departments for eight cities; a total of 20 jurisdictions participated in the planning process. Representatives from all Member Agencies (MA) provided input into the Plan update process. Each of the MA provided at least one representative to participate on the Planning Team and attend meetings. Each local team, made up of other jurisdictional staff/officials, met separately and provided additional local-level input to the Planning Team representative for inclusion into the Plan. The MA participated in the planning process by exchanging information, discussing planning strategies, sharing goals, resolving issues, and monitoring progress. The MA benefited from working closely together because many of the hazards identified are shared by neighboring jurisdictions and participants were involved in the discussion of potential mitigation actions. Jurisdictional representatives included but were not limited to utility engineers,planners,and emergency management officers. The Planning Team worked together to ensure the success of the planning process and is responsible for its implementation and future maintenance. The Planning Team's key responsibilities included: • Participation in Planning Team meetings. • Coordination of jurisdiction-specific meetings to relay information and obtain input. • Collection of valuable local information and other requested data. • Decision on plan process and content. • Development and prioritization of mitigation actions for the Plan. • Review and comment on Plan drafts. • Coordination and involvement in the public engagement process. Table 2-2, Members of the Planning Team, identifies the Planning Team members and their roles in the Plan update. Final I August 2019 2-2 SECTION TWO Planning Process Documentation Table 2-2 Members of the Planning Team Name Title/Role Organization Planning Team Role Project Manager/Planning Team Representative—Organization of Planning Emergency Programs Team and meetings,development of and Francisco Soto Coordinator/Plan Update WEROC/MWDOC participation in community outreach, Project Manager hazard identification,capabilities assessment,goal development, mitigation actions and prioritization,plan coordination and review. Project Management Team—Historical knowledge and insight into 2012 Plan, Kelly Hubbard WEROC Programs WEROC/MWDOC overall guidance on 2018 Plan update, Manager hazard identification,capabilities assessment,goal development, mitigation actions and prioritization,plan review. Assistant General Hazard identification,capabilities Karl Seckel Manager MWDOC assessment,goal development, mitigation actions and prioritization,plan review. Orange County Water Hazard identification,capabilities Paula Bouyounes Risk and Safety Manager District assessment,goal development, mitigation actions and prioritization,plan review. Safety and Health Orange County Sanitation Hazard identification,capabilities Rod Collins assessment,goal development, mitigation Supervisor District actions and prioritization,plan review. Human Resources/Risk Orange County Sanitation Hazard identification,capabilities Richard Spencer assessment,goal development, mitigation Manager District actions and prioritization,plan review. Environmental Compliance South Orange County Capabilities assessment,goal Sean Peacher development, mitigation actions and Safety Risk Manager Wastewater Authority prioritization,plan review. Bill Paddock Supervising Mechanic South Orange County Hazard identification. Wastewater Authority Hazard identification,capabilities Michael Grisso Utilities Manager City of Buena Park assessment,goal development, mitigation actions and prioritization,plan review. Public Relations/ Hazard identification,capabilities Sherri Seitz Emergency Preparedness El Toro Water District assessment,goal development, mitigation Administrator actions and prioritization,plan review. Rick Olson Operations Superintendent El Toro Water District Hazard identification,capabilities assessment. Senior Administrative Hazard identification,capabilities Katie Victoria City of Garden Grove assessment,goal development, mitigation Analyst actions and prioritization,plan review. Raquel Manson Senior Administrative City of Garden Grove Hazard identification,capabilities Analyst assessment. Final I August 2019 2-3 SECTION TWO Planning Process Documentation Table 2-2 [continued] Members of the Planning Team Name Title/Role Organization Planning Team Role A.J. Holmon Streets/Environmental City of Garden Grove Hazard identification. Division Manager Brian Jones Water and Sewer Manager City of La Habra Hazard identification,mitigation actions and prioritization. Laguna Beach Water Hazard identification,capabilities Leo Lopez Safety Officer District assessment,goal development, mitigation actions and prioritization,plan review. Water Quality and Hazard identification,capabilities Kaying Lee Compliance Supervisor Mesa Water District assessment,goal development, mitigation actions and prioritization,plan review. Safety and Compliance Moulton Niguel Water Hazard identification,capabilities Tracy Ingebrigtsen Coordinator District assessment,goal development, mitigation actions and prioritization,plan review. Dan West Water Distribution Moulton Niguel Water Hazard identification,capabilities Supervisor District assessment. Kevin Crawford Operator Moulton Niguel Water Hazard identification. District Todd Novacek Director of Operations Moulton Niguel Water Hazard identification. District Water Production Hazard identification,capabilities Casey Parks City of Newport Beach assessment,goal development, mitigation Supervisor actions and prioritization,plan review. Steffen Catron Utilities Manager City of Newport Beach Hazard identification,mitigation actions and prioritization,plan review. Hazard identification,capabilities Mark Ouellette Supervisor City of Orange assessment,goal development, mitigation actions and prioritization,plan review. Santa Margarita Water Hazard identification,capabilities Chris Lopez Safety Specialist District assessment,goal development, mitigation actions and prioritization,plan review. Daniel Peterson Operations Business Santa Margarita Water Hazard identification. Manager District Hazard identification,capabilities Jerry Vilander General Manager Serrano Water District assessment,goal development, mitigation actions and prioritization,plan review. Environmental Health and Hazard identification,capabilities Trisha Woolslayer Safety Manager South Coast Water District assessment,goal development, mitigation actions and prioritization,plan review. Trabuco Canyon Water Hazard identification,capabilities Lorrie Lausten Principal Engineer District assessment,goal development, mitigation actions and prioritization,plan review. Hazard identification,capabilities Becky Rodstein Administrative Analyst City of Westminster assessment,goal development, mitigation actions and prioritization,plan review. Final I August 2019 2-4 SECTION TWO Planning Process Documentation Table 2-2 [continued] Members of the Planning Team Name Title/Role Organization Planning Team Role Hazard identification,capabilities Anthony Manzano Senior Project Manager Yorba Linda Water District assessment,goal development, mitigation actions and prioritization,plan review. Orange County Sheriffs Overview and perspective of the plan Ethan Brown Senior Program Department Emergency preparation process and review; Coordinator Management information relevant to their area of expertise. It should be noted that although 20 MA participated in the Plan, all MWDOC's 28 MA were invited to participate in the Plan either through an Annex or as part of the Planning Team. In addition, through the Orange County Emergency Management Organization (OCEMO), the County of Orange, and all cities within the county were provided the opportunity to participate in the Plan process, including dissemination of the Draft Plan to OCEMO's distribution list for review and comment. This includes all Orange County cities, colleges, and school districts; special districts; water districts; State and county agencies;hospital association; affiliates and other approved agencies;refer to Appendix B. MWDOC also provided an opportunity for State and county agencies and emergency services providers to be part of the Planning Team. Email invitations were extended to the following: • State Water Resources Control Board • Orange County Health Care Agency • Orange County Fire Agency • Orange County Sheriff's Department Businesses, academia and other private and non-profit interests were provided notification of the Draft Plan's availability via the MA email distribution and notification lists and social media. Distribution documentation will be provided in Appendix B of the Final Plan. The Planning Team held five meetings. The meetings were designed to aid the MA in completing a thorough review of the hazards within their jurisdictions, identifying capabilities, understanding and assessing vulnerabilities, and identifying mitigation strategies. Table 2-3, Planning Team Meeting Summary, provides a summary of the meetings. Meeting materials, including PowerPoint presentations, sign-in sheets, agendas,notes, and other relevant handouts are provided in Appendix B. Final I August 2019 2-5 SECTION TWO Planning Process Documentation Table 2-3 Planning Team Meeting Summary Date Meeting Discussion July 26,2017 Planning Team Meeting#1 . Introductions • Project goals and objectives • Roles and responsibilities • Data/information needs • Plan Update and requirements • Preliminary discussion of community engagement strategy • Hazard identification and prioritization • Meeting schedule August 30,2017 Planning Team Meeting#2 . Summary of hazard profiles • Risk assessment methodology • Capabilities assessment . Community engagement update • Data/information needs September 27,2017 Planning Team Meeting#3 . Review/update of goals . Discussion of mitigation actions • Community engagement update • Capabilities assessment . Data/information needs January 23,2018 Planning Team Meeting#4 . Overview of process • Public involvement and survey results • Overview of vulnerability/risk assessment • Discussion of hazard mapping • Schedule for plan review and submittal April 11,2018 Planning Team Meeting#5 . Review of Draft Plan • Discussion of comments and revisions April 11,2019 Planning Team • Meeting with specific MA to address comments from FEMA hi addition to the regularly scheduled meetings, Planning Team members coordinated individually with the Plan Update Project Manager, as necessary, to resolve any questions or discuss information requested at the Planning Team meetings. This was typically accomplished via telephone or email. Any MA that missed a scheduled planning meeting coordinated with the Project Manager separately to review what was discussed in the meeting and to obtain jurisdiction-specific information. The City of Orange was not able to participate directly in the scheduled Planning Team meetings and met separately with the Plan Update Project Manager to review items discussed at the meetings and provide information necessary for the Plan update. 2.1.3 PUBLIC OUTREACH A public outreach and engagement strategy was developed to inform the public and maximize public involvement in the Plan update process. The public outreach strategy included posting information on the MA websites, email and social media distribution, community survey, and presentations at the Orange County Business Council and Orange County Emergency Management Organization meetings, as described below;refer to Appendix B. Final I August 2019 2-6 SECTION TWO Planning Process Documentation MEMBER AGENCY WEBSITES Information regarding the Plan update was made available on each MA website. The webpages provided information on the Plan, the Plan update process, and how the public can be involved in the planning process, including a link to the community survey (discussed below). A link to the draft Plan was also made available for review and comment. SOCIAL MEDIA Social media notifications regarding the Plan update, including a link to the community survey were sent to MA social media accounts. COMMUNITY SURVEY A community survey was developed to obtain input from the community about various hazard mitigation topics. The survey was designed to help the MA gauge the level of knowledge the community has about natural disaster issues and to obtain input about areas of the County that may be vulnerable to various types of natural disasters. The information provided was used to identify and coordinate projects focused on reducing the risk of injury or damage to property from future hazard events. A link to the survey was provided on each of the MA websites. Twenty surveys were completed. STAKEHOLDER OUTREACH Orange County Business Council—August 8,2017 The Plan Update Project Manager presented to the Orange County Business Council during their monthly meeting. Francisco presented about hazard mitigation, the planning process, hazards affecting Orange County water and wastewater infrastructure, and the importance of their involvement in the development process. Participants of this meeting were extended the opportunity to be part of the Planning Team and/or provide information and input through the process, including: • Orange County Transportation Authority(OCTA) • Metropolitan Water District of Southern California(Metropolitan) • Southern California Association of Governments(SCAG) • California Department of Transportation(Caltrans) • Transportation Corridor Agency(TCA) Orange County Emergency Management Organization—April 5,2018 The Plan Update Project Manager presented to the OCEMO during their monthly meeting. OCEMO is a subcommittee comprised of the County of Orange and all subdivisions that ensure the cooperative maintenance of the Operational Area Emergency Operations Plan, policies and procedures, training and exercises. Francisco presented about hazard mitigation, the planning process, hazards affecting Orange County water and wastewater infrastructure, and the importance of their involvement in the development process. As noted previously, the Draft Plan was disseminated to OCEMO's distribution list for review and comment;refer to Appendix B. Final I August 2019 2- SECTION TWO Planning Process Documentation Public Review Draft Hazard Mitigation Plan The public review draft Plan was made available to the public for review and comment for a 30-day period beginning August 10, 2018 and concluding on September 10, 2018. The draft Plan was made available on the MA webpages and at the MA offices and/or front counters. Information was provided on how to submit comments or ask questions regarding the draft Plan. 2.1.4 REVIEW AND INCORPORATE EXISTING INFORMATION The Planning Team and each MA local team reviewed and assessed existing plans and studies available from local, state, and federal sources during the planning process. The types of documents reviewed and incorporated as part of the Plan update are listed in Table 2-4, Existing Plans and Studies. Due to the number of MA involved in the Plan update, similar plans and studies (e.g., General Plans, Municipal Codes, Urban Water Management Plans) specific to each jurisdiction were reviewed and incorporated in the Plan update. A complete list of references is included in Section 7.0,References. 2.2 ASSESS RISKS In accordance with FEMA requirements, the Planning Team identified and prioritized the hazards affecting the County and assessed the associated vulnerability from those hazards. Results from this phase of the planning process aided subsequent identification of appropriate mitigation actions to reduce risk from these hazards;refer to Section 3.0. Table 2-4 Existing Plans and Studies Existing Plans and Studies Planning Process 1 Area of Document Inclusion Orange County Hazard Mitigation Plan Hazard Profiles;Capabilities Assessment; Mitigation Strategy State of California Multi-Hazard Mitigation Plan(2013) Hazard Profiles Agency Urban Water Management Plans Hazard Profiles;Capabilities Assessment Local General Plans Hazard Profiles;Capabilities Assessment; Local Plan Integration Local Municipal Codes Capabilities Assessment; Mitigation Strategy FEMA Hazard Mitigation How-to Guides Plan Development; Plan Components FEMA Local Mitigation Planning Handbook(March 2013) Plan Development; Local Plan Integration Methods FEMA Mitigation Ideas:A Resource for Reducing Risk to Mitigation Strategy Development Natural Hazards(January 2013) Orange County Water and Wastewater GIS Layers with Hazard Profiles; Risk/Vulnerability Assessments; Mitigation Critical Infrastructure Facilities Strategy Seismic Hazard Assessment,Orange County Seismic Hazard Profiles; Risk/Vulnerability Assessments; Mitigation Vulnerability, Mitigation and Recovery Planning Study Strategy (August 28,2015) Agency-specific Reliability Studies Hazard Profiles; Risk/Vulnerability Assessments; Mitigation Strategy Final I August 2019 2-8 SECTION TWO Planning Process Documentation 2.2.1 IDENTIFY/PROFILE HAZARDS The Planning Team reviewed the hazards profiled in the 2012 Plan as well as a list of FEMA-identified hazards to determine which hazards had the potential to impact the County and should be profiled as part of the Plan update. Both the 2012 Plan and this Plan update include natural and human-caused hazards that may threaten all or a portion of the County and individual MA. It was noted that some location- specific hazards would not be applicable to every jurisdiction,but still warranted identification. Through discussions of the hazards, including the probability, location, maximum probable extent, and potential secondary impacts, a list of hazards was developed and prioritized. Content for each hazard profile is provided in Section 3.0. 2.2.2 ASSESS VULNERABILITIES Hazard profiling exposes the unique characteristics of individual hazards and begins the process of determining which areas within the County are vulnerable to specific hazard events. The vulnerability assessment included input from the Planning Team and a GIS overlaying method for hazard risk assessments using infrastructure mapping completed in preparation of the Plan update. Using these methodologies, water and wastewater infrastructure impacted by the profiled hazards were identified and potential loss estimates were determined. Detailed information on the vulnerability assessments for each hazard is provided in Section 3.0. 2.3 DEVELOP MITIGATION PLANS The Plan update was prepared in accordance with DMA 2000 and FEMA's HMP guidance documents. This plan provides an explicit strategy and blueprint for reducing the potential losses identified in the risk assessment,based on existing authorities,policies,programs, and resources, and the MA ability to expand on and improve these existing tools. Developing the mitigation plan involved identifying goals, assessing existing capabilities, and identifying mitigation actions. This step of the planning process is detailed in Section 4.0 and summarized below. 2.3.1 IDENTIFY GOALS The Planning Team reviewed the goals identified in the 2012 Plan and determined that many of the MA shared similar goals. As a result, one set of regional goals were developed as part of the Plan update. The Mitigation Goals are presented in Section 4.0. For some MA, it was determined that additional goals specific to their agency were still warranted and are included in the Jurisdiction Annexes, where applicable. 2.3.2 DEVELOP CAPABILITIES ASSESSMENT A capabilities assessment is a comprehensive review of all the various mitigation capabilities and tools currently available to the MA to implement the mitigation actions that are prescribed in the Plan. The Planning Team reviewed planning and regulatory, administrative and technical, financial, and education and outreach capabilities to implement mitigation actions. Each MA reviewed capabilities information from the 2012 Plan and working with their local teams, identified and updated the capabilities assessment specific to their agency. The capabilities assessments for each MA are included in the Jurisdiction Annexes. Final I August 2019 2-9 SECTION TWO Planning Process Documentation 2.3.3 IDENTIFY MITIGATION ACTIONS As part of the planning process, the Planning Team worked to identify and develop mitigation actions to address the profiled hazards. The mitigation actions in the 2012 Plan were reviewed to determine whether they had been achieved, were still relevant, or were no longer relevant due to changing circumstances. Each MA considered the hazards applicable to their agency and identified and prioritized mitigation actions. The mitigation actions for each MA are included in the Jurisdiction Annexes. 2.3.4 PLAN REVIEW AND REVISION Once the draft Plan was completed, a public review period was provided from August 10, 2018 to September 10, 2018 to allow public review and comments. Comments received on the draft Plan were reviewed and the Plan was revised,as appropriate. 2.3.5 PLAN ADOPTION AND SUBMITTAL This plan will be submitted and approved by FEMA and adopted by the MA approving bodies as the official statement of their hazards. Copies of the resolutions will be provided in Appendix A. 2.3.6 PLAN MAINTENANCE Plan maintenance procedures, found in Section 5, include the measures each MA will take to ensure the Plan's continuous long-term implementation. The procedures also include the manner in which the Plan will be regularly monitored, reported upon, evaluated, and updated to remain a current and meaningful planning document. Final I August 2019 2-10 SECTION THREE Risk Assessment SECTION 3 RISK ASSESSMENT Risk Assessment requires the collection and analysis of hazard-related data to enable local jurisdictions to identify and prioritize appropriate mitigation actions that will reduce losses from potential hazards. FEMA's Local Hazard Mitigation Plan How-to Guide recommends four steps for conducting a risk assessment: 1. Describe hazards that pose a threat to the planning area; 2. Identify community assets (for the purposes of this Plan this includes water and wastewater infrastructure) in the planning area; 3. Analyze risks associated with the hazards, including describing the potential impacts and estimating losses for each hazard; and 4. Summarize vulnerability to understand the most significant risks and vulnerabilities associated with the identified hazards. The risk assessment must result in an evaluation of potential impacts and overall vulnerability for each participating jurisdiction to develop specific mitigation actions. The following identifies the hazards for the entire planning area and notes if the hazard is applicable to all jurisdictions or is unique to specific jurisdictions. Hazards applicable to all jurisdictions are described in this section and are not described separately in the Jurisdictional Annexes. Hazards unique to a jurisdiction are further discussed in the Jurisdictional Annexes. 3.1 HAZARD IDENTIFICATION AND PRIORITIZATION 3.1.1 Hazard Identification Hazard identification is the process of identifying hazards that threaten an area including both natural and man-made events. A natural event causes a hazard when it harms people or property. Such events would include floods, earthquakes, tsunami, coastal storms, landslides, and wildfires that strike populated areas. Human-caused hazard events are caused by human activity and include technological hazards and terrorism. Technological hazards are generally accidental and/or have unintended consequences (for example, an accidental hazardous materials release). Terrorism is defined by the Code of Federal Regulations as"...unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives." Natural hazards that have harmed the County in the past are likely to happen in the future; consequently, the process of identifying hazards includes determining if the hazard has occurred previously. The Planning Team reviewed the list of FEMA-identified hazards,the 2012 Plan, as well as other relevant information to determine the extent of hazards with potential to affect the planning area; refer to Table 2- 4, Existing Plans and Studies. A discussion of potential hazards during the first Planning Team meeting resulted in the identification of the natural and human-induced hazards that pose a potential risk to all or a portion of the County and individual Member Agency (MA). Table 3-1, Hazard Identification, summarizes the Planning Team's discussion and identification of the hazards for inclusion in the Plan update. Final I August 2019 3-1 SECTION THREE Risk Assessment Table 3-1 Hazard Identification List of Hazards Included in Included in Discussion Summary 2012 Plan? 2016 Plan? Not applicable. Snowfall is not a typical occurrence in Avalanche No No Orange County and there is no historical record of this hazard in the region. Climate Change No Yes Climate change is a phenomenon that could exacerbate hazards. This hazard has been added to the Plan update. Coastal erosion and storms occur within the coastal Coastal Erosion No Yes communities, which include development along the coast. These hazards are combined in the Plan. Coastal Storm Yes Yes Coastal erosion and storms occur within the coastal communities. These hazards are combined in the Plan. Water supplies are susceptible to contamination from Contamination Yes Yes human activities. In addition, salt water intrusion has occurred previously due to the low water table. Several dams and reservoirs are located throughout the Dam Failure Yes Yes County or in areas that could impact the County in the event of a failure. Infrastructure is located within inundation areas. This hazard includes dams and reservoirs. Disease/Pest Management No No Not applicable. Disease/pest management is not a hazard that impacts water/wastewater facilities and infrastructure. Water supplies are dependent upon groundwater and imported surface water, both of which are susceptible to Drought Yes Yes drought. The County has experienced historical droughts, including the most recent State-declared drought emer enc 2014-2017 . Alquist-Priolo fault zones occur within the County. The Earthquake Fault Rupture Yes Yes County has a long history of earthquakes, some resulting in considerable damage. This topic has been combined with Seismic Hazards Ground Shaking and Liquefaction). Expansive soils conditions occur within portions of the Expansive Soils Yes Yes County and can be exacerbated by seismic ground shaking. This topic is addressed under Geological Hazards. Extreme heat is not a hazard that typically affects the Extreme Heat Yes No County, which is characterized by mild temperatures. This hazard has been removed from the Plan update. Portions of the County are located within floodplains and Flood Yes Yes have experienced historic flooding. More localized flooding also occurs during rainstorms. The County is located in an area of geological hazards, Geological Hazards Yes Yes including seismic activity. This topic has been combined with Ex ansive Soils and Land Subsidence. Hailstorm No No Not applicable. Hailstorms rarely occur within the County and there is no historical record of this hazard in the re on. Water supplies could be compromised from accidental or Hazardous Materials Yes Yes intentional release of hazardous materials. These topical areas are addressed under Human-Caused Hazards. Final I August 2019 3-2 SECTION THREE Risk Assessment Table 3-1 [continued] Hazard Identification List of Hazards Included in Included in Discussion Summary 2012 Plan? 2016 Plan? Water supplies could be compromised from release of hazardous materials or as a result of terrorist activities. Human-Caused Hazards Yes Yes Heightened security concerns have resulted in increased measures to protect infrastructure systems. These topical areas are addressed under Human-Caused Hazards. Hurricane No No Not applicable. Land Subsidence Yes Yes Land subsidence conditions occur within the County. This topic is addressed under Geological Hazards. Areas of the County are susceptible to landslide and Landslide and Mudflow Yes Yes mudflow which can be exacerbated by other hazards including seismic ground shaking, drought conditions, and wildfires. Not applicable. Although lightning sometimes occurs Lightning No No during storm events, it is limited within the region and there is no historical record of this hazard in the region. Liquefaction zones occur within the County. This topic has Liquefaction Yes Yes been combined with Earthquake Fault Rupture and Seismic Hazards Ground Shaking and Liquefaction). Although typically associated with other hazards, power Power outage No Yes outages can directly impact water and wastewater systems and has been added to the Plan update. Sea level rise has been identified as a hazard affecting Sea Level Rise No Yes some of the coastal communities. This hazard has been added to the Plan update. The County has a long history of earthquakes, some Seismic Hazards Yes Yes resulting in considerable damage. This topic has been combined with Earthquake Fault Rupture and addresses Ground Shaking and Liquefaction. Not applicable. Severe winter storms are not common in Severe Winter Storm No No the County and there are no historical records of this hazard in the region. Tornado Yes No Tornados are not a typical occurrence in the County. This topic has been removed from the Plan. Tsunami Yes Yes Portions of the Orange County coastline are identified as tsunami inundation areas. Volcano No No Not applicable. There are no active volcanoes in the County or surrounding area. Portions of the County are located within very high and high Wildfire Yes Yes fire hazard zones, which are adjacent to existing urban development. Wildland and urban fires are combined to ics in the Plan. Regular wind is not a typical occurrence and does not Wind No No cause severe damage within the area. High winds/Santa Ana winds are common throughout the County and are addressed in the Plan see Windstorm below). Windstorm Yes Yes High Winds/Santa Ana Winds are a common occurrence in the planning area and can impact power transmission lines. Final I August 2019 3-3 SECTION THREE Risk Assessment 3.1.2 Hazard Prioritization The Planning Team used a Microsoft Excel-based tool to prioritize the identified hazards by assigning each hazard a ranking based on probability of occurrence and the potential impact. These rankings were assigned based on a group discussion, knowledge of past occurrences, and familiarity with each MAs vulnerabilities. Four criteria were used to establish priority: • Probability(likelihood of occurrence) • Location(size of potentially affected area) • Maximum Probable Extent(intensity of damage) • Secondary Impacts(severity of impacts to community) A value from 1 to 4 was assigned for each criterion. The four criteria were then weighted based on the Planning Team's opinion of each criterion's importance. Table 3-2, Hazard Rankings, presents the results of the hazard rankings. Table 3-2 Hazard Rankings Impact Total Hazard Hazard Type Probability Affected Primary Secondary Score Planning Area Impact Impact Consideration WPoweroutage 4 3 4 4 57.60 High Wildfire 4 3 3 4 52.00 High Seismic Hazards—Ground Shaking 3 3 4 4 43.20 High Seismic Hazards—Liquefaction 3 3 4 4 43.20 High High Winds/Santa Ana Winds 4 4 2 1 40.80 Medium Drought 4 4 1 1 35.20 Medium Dam/Reservoir Failure 2 3 4 4 28.80 Medium Flood 3 3 2 1 25.80 Medium Earthquake Fault Rupture 2 1 4 2 18.40 Medium Landslide/Mudflow 2 2 2 3 18.00 Medium Contamination 1 2 3 4 11.40 Low Human-Cause Hazards—Terrorism 1 1 3 3 8.80 Low Human-Caused Hazards—Hazardous Materials 1 1 2 3 7.40 Low Urban Fire 1 1 2 1 5.40 Low Geologic Hazards—Land Subsidence 1 1 1 2 5.00 Low Geologic Hazards—Expansive Soils 1 1 1 2 5.00 Low Tsunami 1 1 1 1 1 1 1 1 4.00 1 Low Scores are based on a scale from 1 to 4,where 4 is the highest score and 1 is the lowest. Refer to Table 3-3 for additional information. The total score is based on an equation that weights categories by importance. Refer to Table 3-3 for additional information. Final I August 2019 3- SECTION THREE Risk Assessment Table 3-3, Hazard Ranking Methodology, provides additional detail regarding how the probability, affected area, and impact categories are weighted and how the total score is calculated for the hazard rankings. Table 3-3 Hazard Ranking Methodology Probability Importance 2.0 Secondary Impacts FImportance 0.5 Based on estimated likelihood of occurrence from Based on estimated secondary impacts to community at large. historical data. Probability Score Impact Score Unlikely (less than 1% probability in next Negligible — no loss of function, downtime, 100 years or has a recurrence interval of 1 and/or evacuations 1 greater than every 100 years) Somewhat Likely (between 1% and 10% Limited — minimal loss of function, downtime, probability in next year or has a 2 and/or evacuations 2 recurrence interval of 11 to 100 years) Likely (between 10% and 100% Moderate — some loss of function, downtime, probability in next year or has a 3 and/or evacuations 3 recurrence interval of 10 years or less) Highly Likely (near 100% probability in 4 High — major loss of function, downtime, 4 next year or happens every year) and/or evacuations Affected Importance 0.8 Total Score=Probability x Impact,where: Area Based on size of geographical area of community Probability=(Probability Score x Importance) affected by hazard. Affected Area Score Impact= (Affected Area + Primary Impact + Secondary Impacts), where: Isolated 1 Affected Area=Affected Area Score x Importance Small 2 Primary Impact= Primary Impact Score x Importance Medium 3 Secondary Impacts=Secondary Impacts Score x Importance Large 4 Primary Importance 0.8 Hazard Planning Consideration Impact Based on percentage of damage to typical facility in Hazard -ommunity. Total Score Range Distribution Level Impact Score 0.0 20.0 0 Low Negligible—less than 10%damage 1 20.1 42.0 6 Medium Limited — between 10% and 25% 2 42.1 64.0 3 High damage Critical—between 25%and 50%damage 3 Catastrophic—more than 50%damage 4 The probability of each hazard is determined by assigning a level,from unlikely to highly likely,based on the likelihood of occurrence from historical data. The total impact value includes the affected area,primary impact,and secondary impact levels of each hazard. Each level's score is reflected in the matrix. The total score for each hazard is the probability score multiplied by its importance factor times the sum of the impact level scores multiplied by their importance factors. Based on this total score,the hazards are separated into three categories based on the hazard level they pose to the communities:High,Medium,and Low. Final I August 2019 3-5 SECTION THREE Risk Assessment It should be noted that climate change and coastal storm/erosion were not prioritized for the planning area; refer to the Jurisdiction Annexes for an assessment of each of the hazards specific to the individual jurisdiction. Although climate change is identified as a hazard in the Plan update, there was not consensus on how it impacts the individual jurisdictions. Similarly, coastal storm/erosion was considered distinct to specific MAs and potentially exacerbated by climate change. Regardless of the prioritization (low,medium, or high), it was determined by the Planning Team that all the hazards identified in Table 3- 1 would be profiled. Due to the vast geography and hazards that impact the various MAs, it was recognized by the Planning Team that some hazards that ranked low overall, may be a high priority depending upon the jurisdiction. 3.2 HAZARD PROFILES This section contains profiles for the hazards identified in Table 3-1. Due to the nature of the hazards, some hazards were combined for purposes of the profiles as noted in Table 3-1. Information was obtained from various Federal, State and local sources, as well as the Planning Team. A detailed list of References is provided in Section 6.0. The service areas for each of the MAs participating in the Plan update do not always align with incorporated City or unincorporated County boundaries. In many cases, a MA may serve multiple cities and/or portions of cities/unincorporated areas. For purposes of this Plan update, the planning area refers to Orange County, since the MAs provide services and infrastructure throughout most of the County. Because much of the available hazard data is provided by jurisdictional boundary (County or City), it is not always possible to obtain or delineate data specific to the MA jurisdictional (service) boundary. The Jurisdictional Annexes detail the hazards, risk assessments, and mitigation strategies specific to each jurisdiction. Each hazard profile addresses the following: • Description (Nature) of the Hazard: Describes the hazard and its characteristics. • History/Past Occurrences: Provides a history of the hazard and identifies previous occurrences. Where an occurrence is specific to a MA,this information is provided. • Location/Geo�phic Extent: Describes the location(geographic) area affected by the hazard. If the hazard affects the entire planning area, it is noted. For geographically specific hazards, the specific MAs affected by the hazard are identified and discussed further in the Jurisdictional Annexes. • Magnitude/Severity: Describes the extent(magnitude or severity) of each hazard. If a hazard has a uniform extent for all the MAs, it is noted. For geographically specific hazards, mapping is provided that illustrates the extent of the hazard for the entire planning area. Mapping for applicable hazards specific to a MA are provided in the Jurisdictional Annexes. • Probability of Future Occurrences: Provides a discussion of the probability of future occurrences of the hazard based on the history of past occurrence, location, and severity. If the likelihood of occurrence is the same for all jurisdictions or varies amongst the jurisdictions, it is noted. Final August 2019 3-6 SECTION THREE Risk Assessment 3.2.1 Climate Change 3.2.1.1 Description (Nature) of the Hazard According to NASA's Global Climate Change website, the mean global temperature has increased 1.8 degrees Fahrenheit since 1880, and 17 of the 18 warmest years on record have occurred since 2000 The scientific consensus is that these changes are the result of human activity increasing the levels of carbon dioxide and other greenhouse gases in the atmosphere, and that they will intensify. The Intergovernmental Panel on Climate Change forecasts temperatures to rise an additional 2.5 to 10 degrees over the next century. Such drastic changes to the earth's climate will have significant consequences around the globe. Long-term effects include rising sea levels due to melting ice, changes in precipitation patterns,heat waves,and more frequent and intense storms. Based on local data from the National Oceanic and Atmospheric Administration (NOAA)2, Orange County can expect to see its daily maximum temperature increase from a current annual average of 73 degrees to 78 degrees by 2100 under a low-emission scenario and 82 degrees under a high-emission scenario. The County currently experiences an average of 4.5 days a year where temperatures reach 95 degrees; that is projected to increase to as many as 31 days a year. Under both emission scenarios, the County is likely to see a 43 to 44 percent increase in the amount of rain that falls during the winter by the latter half of the century. Climate Change presents a number of challenges for Orange County. According to the 2014 National Climate Assessment Report, as is common in coastal areas, many roads and bridges, high-priced homes, and wastewater systems are located in low-lying areas near the ocean. Increases in storm water runoff have the potential to overwhelm the capacity of wastewater and drainage systems, flood control channels, and pump stations. Climate change may endanger vulnerable coastal ecosystems and wildlife habitats or degrade water quality at beaches. In addition, because the region relies extensively on imported water, climate effects beyond Orange County, particularly in Northern California and the Colorado River watershed,will have consequences for the County's water supply. Climate change may influence many of the other hazards addressed in this plan. As the oceans rise,more areas may be subject to coastal flooding and tsunami risk, coastal erosion may increase, and aquifers may be contaminated by additional salt water intrusion. Seasonal changes in rainfall may result in greater risk of flooding, dam failure, drought, wildfire, land subsidence, expansive soils, and landslides and mudflows. Extreme heat can reduce soil moisture, further exacerbating such hazards as drought, wildfire, and expansive soils. This profile focuses on the hazard of coastal flooding as a result of sea-level rise, while any interactions between climate change and other hazards will be primarily addressed in those hazard profiles. In contrast to the Atlantic and Gulf coasts, where coastal flooding is mainly associated with major storms, flooding along the Pacific Coast is the result of a number of more subtle factors, including tidal cycles; the El Nino climate pattern; distant,wind-generated ocean swells; local storms; and the time of year. Sea- level rise means that more areas will be more susceptible to the complex interactions between these processes and more frequent flooding. 1 NASA(2018, March 19). Global Climate Change Vital Signs of the Planet. https://climate.nasa.gov/. Accessed March 2018. 2 U.S. Climate Resilience Toolkit, The Climate Explorer. https://tooBdt.climate.gov/climate-explorer2/. Accessed March 2018. Final I August 2019 3- SECTION THREE Risk Assessment 3.2.1.2 History/Past Occurrences NOAA offers an online Climate Explorer toolkit3 that shows climate projections and observed historical trends by county. The data shows that, from 1949 to 2009, the daily maximum temperature in Orange County has been gradually rising at a rate of about 0.02 degrees Fahrenheit per year. This is expected to accelerate through the end of the century, although the degree depends on the success of efforts to limit global carbon emissions. NASA reports that the global average sea level has risen almost 7 inches in the last 100 years. Rising sea levels have been observed in Orange County, as well. Measurements taken at Newport Beach since 1955 show that the sea level there has risen an average of 2.22 millimeters, or 0.09 inches, per year.4 This is also expected to accelerate as more ice melts due to rising global temperatures. King tides have flooded Orange County coastal communities, including Seal Beach, Huntington Beach, Balboa Peninsula and Balboa Island in Newport Beach, and Sunset Beach in the past.5 In the last 10 years, the National Centers for Environmental Information (NCEn Storm Events Database reports four coastal flooding incidents affecting Orange County: in October and November 2015, and May and October 2017. It is difficult to say how higher sea levels may have affected the severity of these events. The independent organization Climate Central estimates that La Jolla, California, located 46 miles from Huntington Beach, experienced 60 days of coastal flooding between 2005 and 2014, based on observed impacts such as flooded roads. Of those events, only four would have occurred without climate-linked sea-level rise.6 3.2.1.3 Location/Geographic Extent Sea-level rise presents a risk for all coastal communities with low-lying areas. In Orange County, Huntington Beach is particularly vulnerable. A 2017 report by the Union of Concerned Scientists, "When Rising Seas Hit Home," includes a mapping tool that shows what coastal areas will experience flooding at least 26 times a year under various sea-level rise scenarios. Under a moderate scenario of a 4-foot rise, the area of north Orange County roughly bounded by the Santa Ana River and State Route 22 will see 14 percent of its land chronically inundated by 2100, even with existing levees. With a rise of 6 feet, 24 percent of the land will be chronically inundated. Affected areas include neighborhoods in Seal Beach,Huntington Beach, and Newport Beach. NOAA offers another mapping tool to visualize areas vulnerable to flooding due to climate change. Its Sea Level Rise Viewer projects that, with a 1-foot rise in sea levels, there will be flooding through many parts of southeastern Huntington Beach, including neighborhoods between the Talbert Chanel and Huntington Beach Channel. A 2-foot rise will also start to affect parts of Sunset Beach and Balboa Island in Newport Beach, as well as less developed areas of Upper Newport Bay, Bolsa Chica Ecological Reserve. s Available at https://toolkit.climate.gov/climate-explorer2/ a NOAA. Tides and Currents. https://tidesandcurrents.noaa.gov/sltrends/sltrends_station.shtml?stnid=9410580. Accessed March 2018. 5 The OCR. January 10, 2017. Orange County Beach Cities Bracing for 7-foot King Tides; Flooding Possible. https://www.ocregister.com/2017/01/10/orange-county-beach-cities-bracing-for-7-foot-king-tides-flooding-possible/. Accessed March 2018. 6 Climate Central, Surging Seas Risk Finder. https://riskfinder.climatecentral.org/place/huntington-beach.ca.us? comparisonType=place&forecastName=Single-year&forecastType=NOAA2017_int_p50&level=3&unit=ft. Accessed March 2018. Final I August 2019 3-8 SECTION THREE Risk Assessment 3.2.1.4 Magnitude/Severity Sea level is measured by local tide gauges and satellite. Sea-level rise describes projected changes in those measurements based on different climate models. NOAA's Sea Level Rise Viewer projects that the sea level at Newport Bay will rise by at least 0.75 feet and as much as 2.72 feet by 2050, based on different global scenarios. By 2100, the level may rise by as much as 10.14 feet under the most extreme scenario. 3.2.1.5 Probability of Future Occurrences FEMA's Flood Insurance Rate Map (FIRM) panels, which show areas that are subject to a 1 percent annual chance of flooding, reflect only current risk; they do not attempt to make projections based on anticipated changes due to climate change and sea-level rise. Climate Central's Surging Sea Risk Finder attempts to estimate the probability that coastal floods will reach elevations above the local high tide line. The tool does not have estimates for every tide gauge, and estimates for Orange County are based on data from the gauge at Los Angeles' Outer Harbor. It shows that, while there is currently less than a 1 percent chance of coastal flooding reaching areas three feet above the tide line in any given year, those chances increased to 6 percent annually by 2040 under a medium sea-level rise scenario. By 2070, these areas will be flooding every year. Under an extreme scenario, annual flooding will happen as soon as 2040. 3.2.2 Coastal Storms/Erosion 3.2.2.1 Nature of Hazard Erosion is a naturally occurring phenomenon all along California's coastline. Erosion can be severe during winter storms, which are often accompanied by high surf, particularly during El Nino events. Rising sea levels caused by climate change will increase coastal erosion by exacerbating the impact of high tides and waves. Climate change is also expected to increase the frequency and severity of storms. As a result, even areas that have not experienced significant erosion in the past may be at risk in the future. (Effects of climate change are discussed in detail in Section 3.1.1). Erosion can also be affected by manmade structures that impede the deposit of new sediment at beaches; these include inland dams, channelized rivers, harbors,jetties, and seawalls/revetments.' This has been the case in Orange County, where the channelization of the Santa Ana River has reduced the amount of sediment reaching the coast, while the construction of jetties at Anaheim Bay and breakwaters at Long Beach have changed deposit patterns.' This led to the formation of several chronic erosion hotspots along the County's coastline. In some cases, long-term beach replenishment efforts and management plans have been able to counteract or reverse these trends. In addition to the gradual narrowing of sandy beaches, storms and erosion can damage steep coastal bluffs and cliffs. Landforms that appear to have been stable for years may retreat several feet in just a few hours. In either case, erosion can cause considerable damage to coastal infrastructure and property. As 7 Coastal Erosion — Needs for Beach Nourishment. http://www.dbw.ca.gov/csmw/PDF/Results—From—CSMW— Taskl.pdf 8 California Beach Restoration Study. January 2002. https://www.parks.ca.gov/pages/28702/files/cbrs—ch6— effectiveness.pdf. Final I August 2019 3-9 SECTION THREE Risk Assessment Orange County's beaches are centers for recreation and tourism, loss of land has economic consequences, as well. 3.2.2.2 History/Past Occurrences Problems with chronic erosion in Orange County have been recognized since at least 1945, when beach nourishment operations were undertaken to shore up the eroding Surfside-Sunset shoreline.' A 2006 U.S. Geological Survey (USGS) assessment of the entire California coast found that, between Los Angeles Harbor and Dana Point, the shoreline had receded since the early 1970s for 35 percent of the 29-miles coastline. Beach nourishment projects prevented further observable erosion during this period. California typically experiences the most erosion during significant El Nino events. The three strongest El Nino events on record were during the winters of 1982-1983, 1997-1998, and 2015-2016. Historic erosion was reported all along the West Coast in 2015-2016, according to the USGS.10 While the winter storms brought extreme wave action to California's shores,they featured surprisingly little rainfall. With California in the midst of a major drought, less sediment was washed to the ocean to replenish beaches. Portions of beaches in San Clemente and Laguna Beach were temporarily closed to the public due to hazardous conditions.'1 3.2.2.3 Location/Geographic Extent Orange County's coastline includes sand and cobble beaches,rocky cliffs and coastal bluffs, and intertidal areas. In general, beach erosion is more of an issue along the County's northern coast,while bluff retreat is a greater concern along the southern portion. Beginning in 1964, the Orange County Erosion Control Project targeted Surfside-Sunset and West Newport Beach as locations in need of restoration. The U.S. Army Corps of Engineers spearheaded efforts to import sand and installing retention devices in these areas. The 2006 USGS study found that West Newport Beach had the largest measurable erosion rate in Orange County between the early 1970s and 1998. As part of the Coastal Storm Modeling System (CoSMoS), data available from the USGS shows the projected location of the California shoreline under various scenarios of sea-level rise. The Coastal Storm Modeling System (CoSMoS-COAST) shows that with a 3.3-foot rise in sea levels, Huntington State Beach will see the greatest erosion, followed by parts of Huntington City Beach, West Newport Beach, Surfside, and Bolsa Chica State Beach. 3.2.2.4 Magnitude/Severity Erosion is usually described in terms of how much the beach width deceases per year. The 2006 USGS study, for example, found that erosion at West Newport Beach was at a rate of -2.2 meters per year. 9 California Beach Restoration Study. January 2002. https://www.parks.ca.gov/pages/28702/files/cbrs_ch6_ effectiveness.pdf. 10 USGS. February 14, 2017. Severe West Coast Erosion During 2015-16 El Nino. https://www.usgs.gov/news/ severe-west-coast-erosion-during-2015-16-el-ni-o. 11 The Orange County Register. February 9,2016. Our Eroding Coastline:Recent storms are reshaping beaches,and some are getting tougher to visit. https://www.ocregister.com/2016/02/09/our-eroding-coastline-recent-storms-are-reshaping- beaches-and-some-are-getting-tougher-to-visit/.Accessed August 2017. Final I August 2019 3-10 SECTION THREE Risk Assessment Overall, the shoreline of Los Angeles Harbor and Dana Point grew by an average of 0.5 meters per year, the highest rate in all of California, due largely to beach nourishment projects. Among those sections that did experience erosion, it happened at an average rate of-0.5 meters per year. The volume of sand used to fight erosion can also indicate the magnitude of the problem. For example, from 1945 to 2009, more than 20 million cubic yards of sediment has been added to Surfside-Sunset Beach.12 3.2.2.5 Probability of Future Occurrences Climate change all but ensures that the entire Orange County coast will experience some degree of erosion through the end of the century. The amount will depend on how much sea levels rise, which is contingent on global efforts to curb greenhouse gas emissions. An online mapping tool produced by Our Coast Our Future, a collaborative effort of 15 organizations including the USGS and California Coastal Commission, using CoSMoS data projects that very few sections of the County's shoreline will maintain their current position assuming a 3.3-foot rise in sea level, even with the continuation of current beach nourishment efforts. A new study released in 2017 using CoSMoS data found that, without human intervention, 31 to 67 percent of Southern California beaches may be completely eroded by 2100 if sea levels rise by 1 to 2 meters.'3 3.2.3 Contamination/Salt Water Intrusion 3.2.3.1 Description (Nature) of the Hazard GROUNDWATER CONTAMINATION Groundwater contamination occurs when pollutants are released to the ground, navigate through the soil, and ultimately end up in the groundwater. Human activity is almost always the underlying cause of groundwater contamination. In areas where population density is high and human use of land is intensive, groundwater is especially vulnerable. Virtually any activity whereby chemicals or wastes may be released to the environment, either intentionally or accidentally,has the potential to pollute groundwater. SALT WATER INTRUSION When fresh water is withdrawn from aquifers at a faster rate than it is replenished, a drawdown of the water table occurs with a resulting decrease in the overall hydrostatic pressure. When this happens near a coastal ocean area, salt water from the ocean can intrude into the fresh water aquifer. The result is that fresh water supplies become contaminated with salt water. " U.S.Army Corps of Engineers. 2012.Orange County Coastal Regional Sediment Management Plan Draft Report. http://www.dbw.ca.gov/csmw/pdf/OCCRSMP DraftReport.pdf. 13 USGS. March 27,2017. Disappearing Beaches: Modeling Shoreline Chane in Southern California. https://www. usgs.gov/news/disappearing-beaches-modeling-shoreline-change-southern-califomia. Final I August 2019 3-1 1 SECTION THREE Risk Assessment 3.2.3.2 History/Past Occurrences GROUNDWATER CONTAMINATION Over the last several decades, Orange County's North Basin has experienced industrial solvent spills and leaks from manufacturing, metals processing businesses, and dry-cleaning facilities. As a result, a contamination plume several miles long and over a mile wide currently exists under the cities of Fullerton, Anaheim, and Placentia. The Orange County groundwater basin is a source of drinking water for the region,providing most of the water used in 22 cities. The contamination plume has already taken five wells off line, including three of Fullerton's 12 total wells. Those wells draw water from shallower sources closer to the surface and consequently are closer to the pollution. Under the supervision of the United States Environmental Protection Agency (USEPA), a remedial investigation and feasibility study will be conducted to address the extent of contamination and to develop an initial cleanup plan. Salt Water Intrusion In Orange County, by 1956, years of heavy pumping to sustain the region's agricultural economy had lowered the water table by 15-feet below sea level and saltwater from the Pacific Ocean had encroached as far as five miles inland. The area of intrusion is primarily across a four-mile front between the cities of Newport Beach and Huntington Beach known as the Talbert Gap. The mouth of an alluvial fan formed millions of years ago by the Santa Ana River; the Talbert Gap has since been buried along the coast by several hundred feet of clay. In 1976 the Water Factory 21 Direct Injection Project, operated by OCWD, began injecting highly treated recycled water into the aquifer to prevent salt water intrusion, while augmenting the potable groundwater supply. This system was shutdown to make way for the Groundwater Replenishment System (GWRS) Project which began operation in 2008. The GWRS provides highly treated water for injection into the seawater barrier system to prevent seawater intrusion into the groundwater basin managed by OCWD. As of March 21, 2018, approximately 248 billion gallons of water have been successfully treated and injected into the seawater barrier system. 3.2.3.3 Location/Geographic Extent Groundwater contamination may occur County wide by means of intentional or accidental spillage to groundwater. Conversely, the coastal area of the Basin is vulnerable to seawater intrusion due to geologic features and increased pumping from inland municipal wells to meet consumer demands. The susceptible locations in the Basin are the Talbert,Bolsa, Sunset, and Alamitos Gaps. 3.2.3.4 Magnitude/Severity The 1974 Safe Drinking Water Act require the USEPA set standards for contaminants in drinking water that may pose health risks to humans. The USEPA standard for lifetime exposures in drinking water, the maximum contaminant level (MCL), is the highest amount of a contaminant allowed in drinking water supplied by municipal water systems.14 In Orange County over 700 monitoring wells assess water quality conditions." Thus, it is unlikely that human consumption of contaminated groundwater will occur. A 14 USEPA. National Primary Drinking Water Regulations. https://www.epa.gov/ground-water-and-drinking-water/ national-primary-drinking-water-regulations. is Orange County Water District Groundwater Management Plan. 2015. https://www.ocwd.com/media/3622/ groundwatermanagementplan20l 5update_20150624.pdf. Final I August 2019 3-12 SECTION THREE Risk Assessment large environmental spill could result in contamination of groundwater; however, the extent and the severity cannot be predicted. Based on historical occurrences, a contamination in the groundwater basin could extend several miles and result in water wells being unavailable. Massive seawater intrusion has been prevented in Orange County by the OCWD basin management programs. However, the threat of saltwater intrusion along the coast is still present. To prevent further intrusion and to provide basin management flexibility, OCWD operates a hydraulic barrier system. A series of 23 multi-point injection wells four miles inland delivers fresh water into the underground aquifers to form a water mound, blocking further passage of seawater. Continued injection of recycled water into the aquifer is essential to keep saltwater from intruding into the groundwater table and contaminating a major source of the county's potable water. OCWD maintains the Coastal Aquifer Mergence Zones and Chloride Concentration map, which indicates a 250 mg/L Chloride Concentration Contour. This contour is used to indicate the approximate leading edge of seawater intrusion. OCWD monitors the movement of the chloride contour to provide an indication of whether seawater intrusion is worsening or improving in a given area. 3.2.3.5 Probability of Future Occurrences Due to the amount and types of urban development that occur within the County, and the transportation systems that allow for the movement of hazardous materials through the County and greater region, future groundwater contamination is likely. However, as a result of groundwater monitoring and protection systems,human consumption of contaminated groundwater is unlikely. Due to the successful operation of the OCWD basin management programs, the probability of saltwater intrusion to occur in the future is unlikely. 3.2.4 Dam/Reservoir Failure 3.2.4.1 Description (Nature) of the Hazard Dam failures can result from several natural or human caused threats such as earthquakes, erosion of the face or foundation, improper silting, rapidly rising flood waters, malicious events, and structural/design flaws. Seismic activity can also compromise dam regulating structures,resulting in catastrophic flooding. A dam failure can cause loss of life, damage to property, the displacement of persons, and other ensuing hazards residing in the inundation path. Damage to electric generating facilities and transmission lines could also impact life support systems in communities outside the immediate hazard areas. In the event of a major dam failure, mutual aid from all levels of government would be required for an extended period. Recovery efforts would include the removal of debris, clearing roadways, demolishing unsafe structures, assistance in reestablishing public services, and providing continued care and welfare for the affected population. There are 33 dams in Orange County with ownership ranging from the Federal government to homeowners' associations. These dams hold billions of gallons of water in reservoirs. The major reservoirs are designed to protect Southern California from flood waters and to store domestic and recycled water. Final I August 2019 3-13 SECTION THREE Risk Assessment In addition to reservoirs with dams in Orange County, there are many water storage tanks that are potentially susceptible to failure or damage by natural or manmade events. These water tanks contain millions of gallons of water each and provide an important source of water storage. Their capacity is large enough to cause substantial damage down slope from a tank should one fail. Correspondingly, the history of failure of water storage tanks is considered. Because dam failure can have severe consequences, FEMA and Cal OES require all dam owners to develop Emergency Action Plans (EAP) for warning, evacuation, and post-flood actions. Although there has been extensive coordination with County officials in the development of a County Response Plan, the responsibility for developing potential flood inundation maps and facilitation of emergency response is the responsibility of the dam owner. 3.2.4.2 History/Past Occurrences Orange County has never experienced a major dam failure, but there have been two deadly incidents involving dams built to supply water for the City of Los Angeles. In addition, the failure of a water tank caused considerable damage within the City of Westminster in 1998. These three disasters are detailed below. ST.FRANCIS DAM,DISASTER OF 1928 In Los Angeles, the failure of the St. Francis Dam, and the resulting loss of over 500 lives was a scandal that resulted in the almost complete destruction of the reputation of its builder, William Mulholland. It was he who proposed, designed, and supervised the construction of the Los Angeles Aqueduct, which brought water from the Owens Valley to the city. The St. Francis Dam, built in 1926, was 180 feet high and 600 feet long. It was located near the City of Saugus in San Francisquito Canyon. The dam failed on March 12, 1928 three minutes before midnight. Its waters swept through the Santa Clara Valley toward the Pacific Ocean about 54 miles away. The valley was devastated before the water finally made its way into the ocean between Oxnard and Ventura. At its peak the wall of water was said to be 78 feet high. At the time the water flowed through Santa Paula, 42 miles south of the dam, the water was estimated to be 25 feet deep. Almost everything in its path was destroyed: livestock, structures, railways, bridges, and orchards. In the end Ventura County lay below 70 feet of mud and damage estimates topped$20 million. BALDWIN HILLS DAM,DISASTER OF 1963 The Baldwin Hills Dam collapse sent a 50-foot wall of water down Los Angeles' Cloverdale Avenue on December 14, 1963. Five people were killed. Sixty-five hillside houses were ripped apart, and 210 homes and apartments were damaged. The flood swept northward in a V-shaped path roughly bounded by La Brea Avenue,Jefferson Boulevard, and La Cienega Boulevard. The earthen dam that created a 19-acre reservoir to supply drinking water to West Los Angeles residents ruptured at 3:38 p.m. A pencil thin crack widened to a 75-foot gash allowing 292 million gallons to surge out in 77 minutes. The cascade caused an unexpected ripple effect that is still being felt in Los Angeles and beyond. It prompted the end of urban-area earthen dams as a major element of water storage systems, and a tightening of the Division of Safety of Dams control over reservoirs throughout the state. Final I August 2019 3-14 SECTION THREE Risk Assessment WESTMINSTER WATER TANK FAILURE,DISASTER OF 1998 In September of 1998, a 5-million-gallon municipal water storage tank in the City of Westminster ruptured because of corrosion and construction defects. There was no loss of life, but damage was extensive. The flow of water from the 32-year-old tank destroyed most of the storage facility as well as several private residences. Additionally, there were approximately 30 more homes inundated with water and silt. Through the Public Works Mutual Aid Agreement, the Orange County Public Works Department assisted the City of Westminster in the cleanup and temporary repair of the streets. City employees,the Orange County Fire Authority,neighboring fire services, and the Red Cross were on- site for days assessing the damage and assisting residents. Water storage for the City was non-existent following this event while the other 5-million-gallon tank of similar age and construction was removed from service as a precautionary measure. A new reservoir facility came on-line in March 2003, consisting of two 8-million-gallon water storage tanks, a 17-million-gallon-per-day booster station, and a new groundwater well with a capacity of 3,000 gallons per minute. All new construction has passed rigorous inspections and has obtained the required permits from the California Department of Public Health. 3.2.4.3 Location/Geographic Extent The following is a list of the larger reservoirs and dams in Orange County and their owners/operators: Name of Facility Owner/Operator Santiago Dam/Reservoir(Irvine Lake) Serrano Water District/Irvine Ranch Water District Villa Park Dam County of Orange Sulphur Creek Dam County of Orange Peters Canyon Dam County of Orange Walnut Canyon Dam/Reservoir City of Anaheim San Joaquin Dam/Reservoir Irvine Ranch Water District Sand Canyon Dam/Reservoir Irvine Ranch Water District Rattlesnake Canyon Dam/Reservoir Irvine Ranch Water District Big Canyon Dam/Reservoir City of Newport Beach Lake Mission Viejo Lake Mission Viejo Association El Toro R-6 Dam/Reservoir El Toro Water District El Toro Reservoir/Rossmoor#1 Dam El Toro Water District Diemer Filtration Plant Metropolitan Water District Palisades Bradt Dam/Reservoir South Coast Water District Portola Dam/Reservoir Santa Margarita Water District Syphon Canyon Dam/Reservoir The Irvine Company Trabuco Dam&Reservoir Trabuco Canyon Water District Dove Canyon Dam Dove Canyon Master Association/ Trabuco Canyon Water District Upper Oso Dam/Reservoir Santa Margarita Water District Upper Chiquita Dam/Reservoir Santa Margarita Water District Brea Dam U. S.Army Corps of Engineers Fullerton Dam U. S.Army Corps of Engineers Carbon Canyon Dam U. S. Army Corps of Engineers Prado Dam U.S. Army Corps of Engineers Final August 2019 3-15 SECTION THREE Risk Assessment As mentioned above, the responsibility for developing maps showing areas that would be inundated in the event of a failure is the responsibility of the dam's owner. Dams and reservoirs impacting the planning area are summarized below: Big Canyon Reservoir is a 600-acre foot potable water storage facility constructed in 1959 and owned by the City of Newport Beach. It is in the San Joaquin Hills overlooking Newport Bay. Big Canyon Reservoir is retained on three sides by a homogenous earth filled embankment dam, while the east side was formed by a slope cut. At its maximum section the dam embankment is 65 feet high. The spillway is an ungated concrete lined overflow structure located on the west side of the reservoir. The bottom of the reservoir and the cut slopes are lined with minimum 5-foot-thick clay blanket, and the entire inside surface, including the embankments and cut slopes, is overlain with a three-inch-thick porous asphalt pavement. The reservoir is covered with a reinforced polypropylene weight-tensioned floating cover that was installed in 2004. Dove Canyon Dam is an earth-filled dam completed in 1990. The dam is in the Dove Canyon residential community within the City of Rancho Santa Margarita, Orange County. The dam is owned by the Dove Canyon Master Association (DCMA). DCMA owns and operates recreational facilities situated immediately downstream of the dam crest on compacted backfill. The recreational facilities were included in the construction documents for the Dam and approved by the State Division of Safety of Dams. The impounded reservoir is located on land owned by Trabuco Canyon Water District (TCWD) and is used to store up to about 415 acre-feet of runoff. TCWD and DCMA have an agreement to operate and maintain the dam and reservoir. TCWD utilizes storage in the reservoir to supplement its recycled water demands for landscape irrigation. The impounded water can be stored to an elevation of 1090 feet, approximately 11 feet below the top of the dam crest's elevation of 1101 feet,MSL. El Toro Reservoir/Rossmoor#1 Dam is an embankment type dam owned and operated by ETWD. The reservoir is located in the City of Mission Viejo. The impounded reservoir has a storage capacity of 275 million gallons (850 acre-feet) with a surface area of approximately 20.6 acres. The bottom and internal slopes of the reservoir are lined, and the reservoir surface has a floating cover. There is no surface water influent to the reservoir. The reservoir includes an emergency spillway and drainage facilities. Storage capacity in the El Toro Reservoir is owned through a regional partnership between ETWD, Santa Margarita Water District and Moulton Niguel Water District. Rossmoor #1 dam is an embankment type dam, with a height of 36 feet and a length of approximately 305 feet. The dam is located in the City of Laguna Woods. The impounded Holding Pond is used to provide emergency storage of secondary effluent from the ETWD Water Recycling Plant and has a storage capacity of 14 million gallons (43 acre-feet). The reservoir includes an emergency spillway and drainage facilities. Palisades Bradt Reservoir provides up to 48 million gallons of potable water storage with a 146-foot- high, zoned, earthen embankment dam constructed in 1963. The bottom and internal slopes of the reservoir are lined and the reservoir surface has a floating cover. The dam has a low-level outlet, an emergency outlet, and an emergency spillway. The upstream watershed that contributes inflow to the reservoir has an area of 19 acres. Final I August 2019 3-16 SECTION THREE Risk Assessment Peters Canyon Dam is an earth-filled structure owned by the County of Orange and has a capacity of 626 acre-feet at the spillway pipe elevation of 537 feet MSL. Water storage varies from 200 acre-feet to 600 acre-feet depending on seasonal rain amounts. Alerting would come primarily from the Park Ranger at Peters Canyon Regional Park who would notify the Sheriff Department, Control One of dam failure or possible dam failure. Prado Dam is owned and operated by the Army Corps of Engineers and provides flood control and water conservation storage for Orange, Riverside and San Bernardino counties. Prado Dam is a major component of the Santa Ana Mainstem Project, which extends from the upper canyon in the San Bernardino Mountains downstream to the Pacific Ocean at Newport Beach - some 75 miles along the Santa Ana River. The entire system is designed to provide various levels of flood protection ranging from 100 to 190 years for areas most susceptible to damage from flooding. Prado Dam collects upstream water releases from storage facilities and runoff from uncontrolled drainage areas. It primarily benefits Orange County by reducing the potential for flood-induced damage and by providing water conservation storage. Prado Dam has been undergoing major improvements including raising the embankment and spillway; increasing the maximum discharge capacity, constructing new levees and dikes, relocating and protecting utility lines, increasing reservoir area and increasing impoundment. Portola Dam is located near the northern end of Canada Gobernadora in southern Orange County; within the Coto de Caza gated community. Canada Gobernadora flows north to south and confluences with San Juan Creek approximately 7.5 miles upstream of the Pacific Ocean. Portola Dam is an earth-filled structure situated about 8 miles north of San Juan Creek with a maximum recycled water (or domestic water blend) storage capacity of 586 acre-feet and a high-water elevation of 936 feet. The Canada Gobernadora valley channel area between the dam and San Juan Creek has been developed with a golf course and lined on each side by thousands of homes positioned just at or above the 100-year flood plain. If a dam break occurred, the flow would likely destroy streets crossing the flood plain, damage the water, sewer and recycled water pipeline infrastructure in them and may also affect some or many home locations near the stream channel. Streets in Coto de Caza certain to be affected are: Trigo Trail, Via Pajaro, Via Conejo, Vista Del Verde, San Miguel, Cantamar and South Bend Road. Along with the golf course and the equestrian center, additional District facilities that are anticipated to be damaged or destroyed by a dam break in Coto de Caza and farther downstream are: • Coto Lift Station and force main • South Ranch lift station and force main • South County pipeline • Ortega Lift Station(Talega) force mains • Talega recycled water transmission main • Chiquita Land Outfall pipeline Per the compliance report, after entering San Juan Creek, the dam break inundation flood area would be about the same as the 100-year flood plain all the way down to the Pacific Ocean. Santiago Dam is an earth fill dam with a 25,000 acre-feet capacity reservoir (Irvine Lake). The dam is jointly owned by the Irvine Ranch Water District and the Serrano Water District. Villa Park Dam is a flood control dam located downstream from Santiago Dam. It is an earth-fill structure with a capacity of Final I August 2019 3-1 SECTION THREE Risk Assessment 15,600 acre-feet and is owned by the Orange County Flood Control District. Initial alerting is expected from Dam keepers who are on duty at both Santiago Dam and Villa Park Dam. Trabuco Dam is an earth-filled dam completed in 1984. The dam is located adjacent to the Robinson Ranch residential community within the City of Rancho Santa Margarita, Orange County. The dam and impounded reservoir is owned and operated by the Trabuco Canyon Water District (TCWD). TCWD utilizes the reservoir to store up to approximately 135 acre-feet of reclaimed water produced from the Robinson Ranch Wastewater Treatment Plant located adjacent to the reservoir. The reclaimed water can be stored to an elevation of 1274 feet, approximately 6 feet below the top of the dam crest's elevation of 1280 feet,MSL. Upper Oso Reservoir (UOR) and Dam are located within the Cities of Mission Viejo and Rancho Santa Margarita near the northern end of the Oso Creek watershed in southern Orange County. Upper Oso Dam is an earth-filled structure situated between El Toro Road and Los Alisos Boulevard nearly 10 miles north of the Trabuco Creek confluence point. UOR has a high-water elevation of 953 feet and stores up to 4000 acre-feet of recycled water for landscape irrigation that is mainly used within Santa Margarita and Moulton Niguel Water Districts. Immediately downstream of the UOR dam, a long bridge for State Route 241 crosses the flood channel and may not experience problems during a major flood event. Just upstream of Los Alisos Boulevard, some commercial property lies adjacent to the Oso Creek channel and may be affected. About three miles downstream on Oso Creek and upstream of Olympiad Road, a large basin area was created (now a sports park)to capture and attenuate major discharges from UOR before they enter Lake Mission Viejo (LMV). LMV is created by a dam lying under Alicia Parkway. A UOR dam breach may also overflow LMV and damage the dam to point where it could release stored water and create a catastrophic flood hazard all the way to the Pacific Ocean. Downstream of LMV, two golf courses have been developed within the Oso Creek channel area and numerous commercial properties are on adjacent sides. Housing tracts have been built above the 100-year flood plain but if a dam break occurred, the flow from UOR and LMV would likely destroy streets crossing the flood plain and damage the water, sewer and recycled water pipeline infrastructure in them. In addition to the many pipelines crossing the flood plain, District facilities that are anticipated to be damaged or destroyed by a UOR dam break are: • Eastbrook RW Pump Station • Lakeside Pump Station • South County Pipeline • Oso Creek Water Reclamation Plant • Oso Creek Trunk Sewer • Oso Barrier RW Pump Station and Pipelines Due to proximity and elevation, a considerable number of the residential and commercial properties in many areas close to the banks of Oso Creek and farther downstream would likely be flooded for short period of time and damaged. Streets in Mission Viejo and farther south likely to be affected by a dam failure are: Los Alisos Boulevard, Santa Margarita Parkway, Olympiad Road, Alicia Parkway, Jeronimo Road, Marguerite Parkway, Casta del Sol, La Paz Road, Oso Parkway, Interstate 5, Camino Capistrano, Del Obispo Street, Stonehill Drive and Pacific Coast Highway. Final I August 2019 3-1 8 SECTION THREE Risk Assessment Upper Chiquita Reservoir (UCR) — SMWD constructed the Upper Chiquita Reservoir to provide the South Orange County region with substantial new water reserves to meet customer demand during disruptions of water deliveries. These interruptions can be unanticipated, like the break of the Allen McColloch Pipeline in 1999, or planned, like the shutdowns of the Diemer Filtration plant in Yorba Linda to complete improvements or maintenance and repairs. The Upper Chiquita Reservoir Emergency Storage Reservoir consists of an earthfill dam structure and a covered, domestic water reservoir with a storage volume of 750 acre-feet. The reservoir footprint is approximately 19.7 acres with a surface area of approximately 15.4 acres and has a High-Water Level (HWL) of 860 feet. In addition to the dam and reservoir,the site contains the following facilities: • Floating Cover • Access Roads • Spillway and Drainage Facilities • Inlet/Outlet Facilities and Pipelines • Pump Station • Disinfection Equipment • Pipeline connection to the South Orange County Pipeline The Upper Chiquita reservoir site is located on the western side of Chiquita Canyon north of Oso Parkway and west of the current terminus of State Route 241 (SR-241) within the City of Rancho Santa Margarita, east of the community of Las Flores in southern Orange County. A portion of the site is encumbered within the Transportation Corridor Agency's (TCA) Chiquita Canyon Perimeter Conservation Easement. The closest developed areas are the Tesoro High School campus (located across Oso Parkway and south of the reservoir site) and the residential community of Las Flores (approximately 0.8-mile west of the site). Additional land uses in the proximity to the reservoir site include a neighborhood park, Crestview Park, located just over 300 feet west of the site, and the SMWD Las Flores Reservoir, located approximately 250 feet west of the site. Under an extreme catastrophic dam failure scenario, the flood zone would exceed the FEMA 100-year floodplain in the Canada Chiquita Channel. Under this extreme scenario, land use categories that would be affected include the Oso Parkway, SR-241 and the Tesoro High School. Once the flood waters reach the San Juan Creek the flood flows would be less than the FEMA 100-year flood. The Upper Chiquita Reservoir is located on the western slope of Chiquita Canyon, just north of Oso Parkway in the City of Rancho Santa Margarita. Completed in October 2011, the 244 million-gallon Upper Chiquita Reservoir is the largest domestic water reservoir built in south Orange County in nearly 45 years. Information regarding UCR: • Storage capacity of approximately 244 million gallons of domestic water (750 acre-feet) is contained in a lined and covered reservoir. • Surface area of approximately 17.8 acres. • A regional partnership between SMWD (lead agency), Moulton Niguel Water District, City of San Juan Capistrano,City of San Clemente and South Coast Water District(storage owners). Final I August 2019 3-19 SECTION THREE Risk Assessment • Capable of providing upwards of 168,000 families with approximately 200 gallons of fresh water a day for one week. • Included in the South Orange County Natural Community Conservation Plan, which designates habitat conservation and species protection measures to ensure an environmentally sensitive design. • Reservoir is not visible from homes in local neighborhoods, including Las Flores and Wagon Wheel. • Earthen embankment significantly reduces any visual impacts while traveling west along Oso Parkway near Highway 241. • Reservoir design conforms to the rigorous standards set forth by the State of California. • Safety features, including piezometers (moisture sensors),to continually monitor water levels and test for irregularities. 3.2.4.4 Magnitude/Severity Orange County's reservoirs range in capacity from 18 to 196,235 acre-feet of water storage. Inundation maps and studies, when available, indicate the area that would be flooded and can be used to gauge the severity of a dam failure. A compliance analysis and inundation study report was prepared for Upper Oso Dam in 1979 to allow for construction permitting by the State of California. This study indicated that if the dam was breached, a potential maximum flow rate exceeding 250,000 cubic feet per second may be expected when the water surface elevation drops to about 935 feet. Should such an event occur, the Upper Oso Reservoir could potentially empty in about a half hour. A similar report for Portola Dam was done in 1980. This study indicated that if the dam was breached, a potential maximum flow rate of 22,645 cubic feet per second may be expected after about three hours once the water surface elevation is at elevation 920 feet. Should such an event occur, Portola Dam would potentially empty in just over six hours. Failure of a reservoir or a dam could extend throughout most of the planning area, depending upon the size of the facility and associated failure. 3.2.4.5 Probability of Future Occurrences There has been just one incident involving a water storage structure in the 110 years since construction of the first contemporary dam in Orange County. It is expected that future events will remain highly unlikely, with a less than 1 percent chance of happening in any given year. However, such occurrences have the potential to be highly destructive. In the more than 50 years since the collapse of the Baldwin Hills Dam,there have been very few incidents in California due to stringent standards, regulations, and regular inspections. The near-catastrophic failure of the main spillway of the Oroville Dam in Northern California in 2017 is a reminder of the ongoing risk presented by dams. Final I August 2019 3-20 SECTION THREE Risk Assessment 3.2.5 Drought 3.2.5.1 Description (Nature) of the Hazard Many governmental utilities, the National Oceanic and Atmospheric Administration (NOAA) and the California Department of Water Resources, as well as academic institutions, such as the University of Nebraska-Lincoln's National Drought Mitigation Center, generally agree that there is no clear definition of drought. Drought is highly variable depending on one's location within a state,the country or globe. Drought in its simplest definition is an extremely dry climatic period where the available water falls below a statistical average for a region. Drought is also defined by factors other than rainfall, including vegetation conditions,agricultural productivity, soil moisture,water levels in reservoirs, and stream flow. In effect,there are essentially three forms of drought: meteorological or hydrological drought, agricultural drought, and regulatory drought: • A meteorological or hydrological drought is typically defined when there is a prolonged period of less than average precipitation resulting in the water level in aquifers, lakes, or above ground storage reservoirs falling below sustainable levels. • An agricultural drought occurs when there is insufficient moisture for an average crop yield. Agricultural drought can be caused by the overuse of groundwater, poor management of cultivated fields,as well as lack of precipitation. • A regulatory drought can occur when the availability of water is reduced due to imposition of regulatory restrictions on the diversion and export of water out of a watershed to another area. A significant percentage of water in Southern California is imported from other regions (Colorado River and Northern California) via aqueducts. Correspondingly, drought in California can be made worse by water availability conditions in the regions at which the water originates. An example of regulatory drought occurred between 1999 and 2004; a six-year drought on the Colorado River basin, a major water supply for Southern California, resulted in a draw-down of Colorado River water storage by more than 50%. More recently, beginning in 2008, regulatory restriction in exporting water via the State Water Project combined with unusually dry weather patterns resulted in two years of water rationing in Southern California. Additionally, a meteorological drought can lead to regulatory restrictions; for example, California experienced prolonged drought from 2013 to 2017, resulting in mandatory water restrictions for residents through November 25,2017. Even distant droughts may have consequences for the plan area and participating jurisdictions. The great drought of the 1930s, coined the "Dust Bowl," was geographically centered in the Great Plains yet ultimately affected water shortages in California. The drought conditions in the plains resulted in a large influx of people to the west coast. Approximately 350,000 people from Arkansas and Oklahoma immigrated mainly to the Great Valley of California. As more people moved into California, including Orange County, increases in intensive agriculture led to overuse of the Santa Ana River watershed and groundwater resulting in regional water shortages. Droughts cause public health and safety impacts, as well as economic and environmental impacts. Public health and safety impacts are primarily associated with catastrophic wildfire risks and drinking water shortage risks for small water systems in rural areas and private residential wells. Examples of other impacts include costs to homeowners due to loss of residential landscaping, degradation of urban Final I August 2019 3-21 SECTION THREE Risk Assessment environments due to loss of landscaping, agricultural land fallowing and associated job loss, degradation of fishery habitat, and tree mortality with damage to forest ecosystems. Drought conditions can also result in damage to older infrastructure that is located within dry soils with potential to leak or break. Dead or dying vegetation poses a risk to falling and damaging water and wastewater infrastructure systems. In Orange County, drought conditions typically result in implementation of large-scale conservation efforts,reducing water supplies to customers and altering the pricing system by implementing higher rates for water usage that exceeds certain levels (e.g., wasteful). Higher rates that may be imposed during a drought could have disproportionate impacts on lower-income households. Reduction in groundwater supplies during drought conditions can also result in the need for water agencies that have high reliance on local groundwater supplies to purchase larger amounts of imported water. Drought conditions have also resulted in drier brush and an increase in the size and severity of wildfires. Water and wastewater infrastructure systems located within areas susceptible to wildfires are at a greater risk of being impacted. Damage or failure to water and wastewater infrastructure systems can significantly reduce or even interrupt service to customers. For more on wildfire hazards, see Section 3.2.12. In addition, climate change (see Section 3.2.1)may lead to more frequent and persistent droughts in the future. Several bills have been introduced into Congress to mitigate the effects of drought. In 1998, President Clinton signed into law the National Drought Policy Act, which called for the development of a national drought policy or framework that integrates actions and responsibilities among all levels of government. In addition, it established the National Drought Policy Commission to provide advice and recommendations on the creation of an integrated federal policy. The most recent bill introduced into Congress was the National Drought Preparedness Act of 2003, which established a comprehensive national drought policy and statutorily authorized a lead federal utility for drought assistance. Currently there exists only an ad-hoc response approach to drought unlike other disasters (e.g., hurricanes, floods, and tornadoes)which are under the purview of FEMA. 3.2.5.2 History/Past Occurrences Based on years of recorded water trends in Southern California, it is quite apparent that droughts and water shortages can occur. Paleo records indicate that much more extreme events can occur than those since historical record-keeping began. A significant drought, reported by many of the ranchers in Southern California, occurred in 1860. The National Drought Mitigation Center maintains a Drought Risk Atlas with historic data on drought classifications throughout the United States. Based on the Palmer Drought Severity Index (PDSI), there have been six occasions since records began in 1920 when the monitoring station in the City of Santa Ana recorded "severe" or "extreme" drought conditions for a period of at least 12 months. These periods, based on a"self-calibrating"PDSI,which uses data adjusted to be more sensitive to the local climate, are listed in Table 3-4, Severe and Extreme SC-PDSI Drought Periods 1920-2012 Lasting 12 Months or Longer(Santa Ana. CA).16 16 NDMC. U.S.Drought Risk Atlas. http://droughtatlas.unl.edu/Data.aspx. Accessed March 2018. Final I August 2019 3-2 SECTION THREE Risk Assessment Table 3-4 Severe and Extreme SC-PDSI Drought Periods 1920-2012 Lasting 12 Months or Longer(Santa Ana,CA) Drought Start Drought End Duration(Months) February 1961 September 1963 31 March 1971 January 1978 82 May 1984 December 1992 103 January 1994 January 1995 12 December 1999 October 2004 58 January 2006 October 2010 57 The certified Drought Risk Atlas data does not yet include the historic, statewide drought that California experienced within the last five years. Governor Jerry Brown proclaimed a State of Emergency in January 2014; the declaration was not lifted until April 2017. In Orange County,precipitation totals were well below average for five 12-month periods in a row. From July 2013 to June 2014,the weather station in Santa Ana recorded just 4.4 inches or rain, about one-third of the normal annual amount.17 3.2.5.3 Location/Geographic Extent Droughts occur over large regions and thus can affect the entire planning area. 3.2.5.4 Magnitude/Severity Of the many varied indexes used to measure drought, the Palmer Drought Severity Index (PDSI) is the most commonly used in the United States. Developed by meteorologist Wayne Palmer, the PDSI is used to measure dryness based on recent temperature compared to the amount of precipitation. It utilizes a number range, where 0 indicates normal conditions, negative numbers indicate drought, and positive numbers indicate wet spells;refer to Table 3-5,Palmer Drought Severity Index. Table 3-5 Palmer Drought Severity Index Drought Wet Spells -4.0 or less(Extreme Drought) +2.0 or+2.9(Unusual Moist Spell) -3.0 or-3.9(Severe Drought) +3.0 or+3.9(Very Moist Spell) -2.0 or-2.9(Moderate Drought) +4.0 or above(Extremely Moist) -1.9 to+1.9(Near Normal) The PDSI is very effective at evaluation trends in the severity and frequency of prolonged periods of drought, and conversely wet weather. NOAA publish weekly PDSI maps, which are also used by other scientists to analyze the long-term trends associated with global warming and how this has affected 11 Orange County Public Works. Historic Rainfall Data. http://www.ocwatersheds.com/rainrecords/rainfalldata/ historic data. Final I August 2019 3-23 SECTION THREE Risk Assessment drought conditions. Figure 3-1 shows the current NOAA PDSI map for the week ending on March 17, 2018. Figure 3-1 March 17,2018 PDSI Drought Severity Index by Division Weekly Value for Period Ending Mar 17, 2018 Long Term Palmer i ) e DROUGHT SEVERITY INDEX(PALMER) DEPICTS PROLONGED(MONTHS,YEARS)ABNORMAL DRYNESS OR WETNESS:REPONDS SLOWLY;CHANGES LITTLE FROM WEEK TO WEEK; AND REFLECTS LONG-TERM MOISTURE RUNOFF,RECHARGE,AND DEEP Based on preliminary data PERCOLATION AS WELL AS EVAPOTRANSPIRATION. p F USES...APPLICABLE IN MEASURING DISRUPTIVE EFFECTS OF PROLONGED DRYNESS �a� OR WETNESS ON WATER SENSITIVE ECONOMIES,DESIGNING DISASTER AREAS OF DROUGHT OR WETNESS;AND REFLECTING THE GENERAL LONG-TERM STATUS OF WATER SUPPLIES IN AQUIFERS,RESERVOIRS AND STREAMS. E-4.0 or less(Extreme Drought) +2.0 to+2.9(Unusual Moist Spell) LIMITATIONS...IS NOT GENERALLY INDICATIVE OFFSHORT-TERM(FEW WEEKS)STATUS -3.0 to-3.9(Severe Drought) +3.0 to+3.9(Very Moist Spell) OF DROUGHT OR WETNESS SUCH AS FREQUENTLY AFFECTS CROPS AND FIELD OPERATIONS (THIS 15INDICATED BY THE CROP MOISTURE INDEX). -2.0 to-2.9(Moderate Drought) 0+4.0 and above(Extremely Moist) --1.9 to+1.9(Near Normal) Missing/Incomplete In 2014, at the peak of the statewide drought, the index assigned the extreme drought category to the southern coastal California climate division for 40 consecutive weeks. Figure shows the NOAA PDSI for the week ending on July 26,2014. Final I August 2019 3-24 SECTION THREE Risk Assessment Figure 3-2 July 26,2014 PDSI Drought Severity Index by Division Weekly Value for Period Ending JUL 26, 2014 Long Term Palmer _<1 I r i I ❑-4.0 or less (Extreme Drought) Climate Prediction Center, NOAA 1> ❑-3.0 to -3.9 (Severe Drought) ❑ +2.0 to +2.9 (Unusual Moist Spell) ❑-2.0 to -2.9 (Moderate Drought) +3.0 to +3.9 (Very Moist Spell) n-1.9 to +1.9 (Near Normal) +4.0 and above (Extremely Moist) The average duration of the droughts listed in Table 3-4, which includes drought periods classified as severe or extreme, is 57 months. 3.2.5.5 Probability of Future Occurrences The University of Nebraska-Lincoln has published PDSI maps analyzing trends over the past 100 years (National Drought Mitigation Center 2005; Figure 1). In coastal southern California, from 1895 to 1995, severe droughts occurred 10 to 15 percent of the time. From 1990 to 1995, severe droughts occurred 10 to 20 percent of the time. Based on the droughts listed in Table 3-4, Orange County has been in severe or extreme drought for a total of 343 months, or 31 percent of the time since 1920 and 54 percent of the time since 1960 (Note: these calculations do not include the historic drought that officially ended in 2017). Final I August 2019 3-25 SECTION THREE Risk Assessment 3.2.6 Earthquake Fault Rupture &Seismic Hazards (Ground Shaking & Liquefaction) 3.2.6.1 Description (Nature) of the Hazard Earthquakes are considered a major threat to the County, especially when focusing on water and wastewater facilities and pipelines that run throughout the County. A significant earthquake along one of the major faults could cause substantial casualties, extensive damage to infrastructure, fires, and other threats to life and property. Significant damages and outages of water and wastewater facilities could also occur. The effects could be aggravated by aftershocks and by secondary effects such as fire, landslides and dam failure. A major earthquake could be catastrophic in its effects on the population and could exceed the response capability of the local communities and even the State. Following major earthquakes, extensive search and rescue operations may be required to assist trapped or injured persons. Emergency medical care, food/water and temporary shelter would be required for injured or displaced persons. In the event of a truly catastrophic earthquake, identification and burial of the dead would pose difficult problems. Mass evacuation may be essential to save lives. Emergency operations could be seriously hampered by the loss of communications, damage to transportation routes within,to, and out of the disaster area, and by the disruption of public utilities and services. With damage to critical water and wastewater infrastructure there will be significant public health concerns, such as dehydration or exposure to contaminated water, and the potential for reduced fire protection due to limited sources of water. Facilities at greatest risk from severe earthquakes are dams and pipelines. Additionally, damage to water and sewer lines that service commercial and industrial areas could have a significant impact on the economy of the region. Extensive mutual aid for an extended period may be required to bring water and wastewater services back online. Earthquakes strike with little to no warning and they can have multiple impacts on an area. After effects from an earthquake may include impacted roadways, downed power and communication lines, fires, and damages to structures (especially poorly built, or those already in disrepair). Should a major event occur, major damages and losses should be expected to pumping systems and wastewater treatment infrastructure. Earthquakes are not a seasonal hazard, and thus can be experienced year-round. This fact presents its own set of planning and preparedness concerns. Seismic-specific building codes can provide MAs with reasonable guidance for structural mitigation. As maintenance and potentially new building occurs within the planning area, seismic retrofitting is highly recommended to prevent extensive damage to essential infrastructure. For decades,partnerships have flourished between the United State Geological Survey(USGS), Cal Tech, the California Geological Survey (CGS) and California universities to share research and educational efforts with Californians. Tremendous earthquake mapping and mitigation efforts have been made in California in the past two decades, and public awareness has risen remarkably during this time. Major federal, state, and local government utilities and private organizations support earthquake risk reduction. These partners have made significant contributions in reducing the adverse impacts of earthquakes. Final I August 2019 3-26 SECTION THREE Risk Assessment LIQUEFACTION Liquefaction is the phenomenon that occurs when ground shaking causes groundwater to mix with the soil. The mixture temporarily becomes a fluid and loses its strength. Liquefaction causes two types of ground failure: lateral spread and loss of bearing strength. Lateral spreads develop on gentle slopes and entails the sidelong movement of large masses of soil as an underlying layer liquefies. Loss of bearing strength results when the soil supporting structures liquefies and causes structures to settle and/or collapse from weakened foundations. Liquefaction can also occur independently of an earthquake, if any sudden and significant stress causes the mixing of groundwater and soil. The risk of liquefaction depends on several factors,including the height of the groundwater table and the types of soil in the area. 3.2.6.2 History/Past Occurrences Southern California and Orange County have experienced several powerful earthquakes. The earliest recorded earthquake in California occurred in Orange County in 1769. To better understand the potential for damaging earthquakes in southern California,the scientific community has reviewed historical records and conducted extensive research on faults that are the sources of the earthquakes occurring in southern California. Historical earthquake records can generally be divided into records of the pre-instrumental period and the instrumental period. In the absence of instrumentation,historic records of past earthquakes are based on observations and the level of information is often dependent upon population density in the area of the earthquake. Since California was sparsely populated in the 1800s, detailed information on pre- instrumental earthquakes is relatively sparse. However, two very large earthquakes, the Fort Tejon in 1857 (M 7.9) and the Owens Valley in 1872 (M 7.6)are evidence of the tremendously damaging potential of earthquakes in southern California. Other notable earthquakes that have impacted southern California include the 1910 Glen Ivy Hot Springs earthquake (Elsinore Fault Zone, M 6.0), the 1933 Long Beach earthquake (Newport-Inglewood Fault Zone, M 6.4), the 1952 Kern County and Lander earthquakes (M 7.3), the 1971 San Fernando earthquake (San Fernando Fault Zone, M 6.6),the 1987 Whittier earthquake (Whittier Fault Zone, M 5.9), and the 1994 Northridge earthquake (Pico Thrust, M 6.7). The 1987 Whittier Quake caused damage to the Puente Hills Reservoir in La Habra and after inspection the reservoir was found to have cracks in the concrete lining. Damage from some of these earthquakes was limited because they occurred in areas which were sparsely populated at the time they occurred. However, developed areas were much more severely affected. Damage from the 1933 Long Beach earthquake was estimated at more than $40 million ($889 million in 2018 dollars), and 115 lives were lost. The seismic risk is much more severe today than in the past because the population at risk is in the millions, rather than a few hundred or a few thousand persons. Earthquakes of great magnitudes have caused lasting effects in developed regions. The most recent significant earthquake event affecting southern California was the 1994 Northridge Earthquake. At 4:31 A.M. on Monday, January 17, a moderate, but very damaging earthquake with a magnitude of 6.7 struck the San Fernando Valley. In the following days and weeks, thousands of aftershocks occurred, causing additional damage to affected structures. In this earthquake, 57 people were killed and more than 1,500 people seriously injured. For days afterward, thousands of homes and businesses were without electricity,tens of thousands had no gas, and nearly 50,000 had little or no water. Out of the approximately 66,000 structures inspected, approximately 15,000 structures were moderately to severely damaged,which left thousands of people temporarily homeless. Several collapsed bridges and overpasses created commuter havoc on the freeway system. Extensive damage was caused by ground shaking, but earthquake triggered liquefaction, and dozens of fires also caused additional severe damage. The extremely strong ground motion felt in sizable portions of Los Angeles County resulted in record Final I August 2019 3-2 SECTION THREE Risk Assessment economic losses. The fact that the earthquake occurred early in the morning on a holiday considerably reduced the potential effects. Many collapsed buildings were unoccupied, and most businesses were not yet open. The direct and indirect economic losses ran into the tens of billions of dollars. Clearly, no community in southern California is beyond the reach of a damaging earthquake. The historical earthquake events that have affected southern California are listed below in Table 3-6, Magnitude 5.0 or Greater Earthquakes in the Southern California Region. Table 3-6 Magnitude 5.0 or Greater Earthquakes in the Southern California Region Date I Location 1 Magnitude 1769 Los Angeles Basin (M 6.0) 1941 Carpentaria(M 5.9) 1800 San Diego Region(M 6.5) 1952 Kern County(M 7.7) 1812 Wrightwood(M 7.0) 1954 West of Wheeler Ridge(M 5.9) 1812 Santa Barbara Channel(M 7.0) 1971 San Fernando(M 6.5) 1827 Los Angeles Region(M 5.5) 1973 Point Mugu(M 5.2) 1855 Los Angeles Region(M 6.0) 1979 Imperial Valley(6.5) 1857 Great Fort Tejon Earthquake(M 8.3) 1986 North Palm Springs(M 6.0) 1858 San Bernardino Region(M 6.0) 1987 Whittier Narrows(M 5.8) 1862 San Diego Region(M 6.0) 1990 Upland(M 5.7) 1892 San Jacinto or Elsinore Fault(M 6.5) 1991 Sierra Madre(M 5.6) 1893 Pico Canyon(M 5.8) 1992 Landers(M 7.3) 1894 Lytle Creek Region(M 6.0) 1992 Big Bear(M 6.2) 1894 E.of San Diego(M 5.8) 1994 Northridge(M 6.7) 1899 Lytle Creek Region(M 5.8) 1999 Hector Mine(M 7.1) 1899 San Jacinto and Hemet(M 6.4) 2004 San Luis Obispo(M unknown) 1907 San Bernardino Region(M 5.3) 2008 Greater Los Angeles Area(M 5.5) 1910 Glen Ivy Hot Springs(M 5.5) 2008 Borrego Springs(M 5.4) 1916 Tejon Pass Region(M 5.3) 2009 El Centro/Baja,Ca(M 5.9) 1918 San Jacinto(M 6.9) 2010 El Centro/Baja,Ca(M 7.2) 1923 San Bernardino Region(M 6.0) 2010 El Centro/Baja,Ca(M 5.7) 1925 Santa Barbara(M 6.3) 2014 La Habra(5.1) 1933 Long Beach(M 6.3) Final I August 2019 3-28 SECTION THREE Risk Assessment LIQUEFACTION Comprehensive, historic accounts of damage to structures from liquefaction are not readily available. Some damage caused by the Northridge earthquake of 1994, such as damage to the King Harbor area of Redondo Beach in Los Angeles County,was due to liquefaction, as opposed to ground shaking. 3.2.6.3 Location/Geographic Extent Nearly all of Orange County is at risk of moderate to extreme ground shaking. Figure 3-3 shows ground shaking severity zones for Orange County. The areas most susceptible to damage from earthquakes based on the shaking intensity hazard map include Yorba Linda Water District and the Cities of La Habra and Buena Park. These communities can be severely impacted by landslides, liquefaction, extensive infrastructure damage, fire, dam failure, and other secondary earthquake affects. A major earthquake could be catastrophic in its effect on the population and could exceed the response capability of the local communities and even the State. Although the above noted water/wastewater utilities are most likely to experience "extreme" shaking, all of the County's water/wastewater utilities fall within a moderate to extreme shaking intensity zone and therefore should expect the potential of damage from an earthquake. The area at risk of fault rupture is limited to areas in the immediate vicinity of a fault. California began extensive mapping of earthquake faults with the Alquist-Priolo Earthquake Fault Zoning Act of 1972. Figure shows both the fault zones in Orange County that have been mapped through the act. The Whittier Fault Zone near the county's northern border passes through part of the Yorba Linda Water District. The Newport-Inglewood Fault Zone parallels the coast in western Orange County. There are many additional large faults that could affect Orange County in addition to the Whittier and Newport-Inglewood-Rose Canyon faults. These include the Elsinore Fault, Peralta Fault, Puente Hills Fault, San Andreas Fault, and San Jacinto Fault. Smaller faults include the Norwalk Fault and the El Modena Faults. In addition, newly studied thrust faults, such as the San Joaquin Hills Fault could also have a significant impact on the County. Each of the major fault systems are described briefly below and are presented in alphabetical order. This order does not place more danger on one fault over another; it is simply for organizational purposes. • Elsinore Fault Zone/ Whittier Fault/Chino Fault: Located in the northeast part of the county, the Elsinore Fault Zone follows a general line easterly of the Santa Ana Mountains into Mexico. The main trace of the fault zone is about 112 miles long. The last major earthquake on this fault occurred in 1910 (M 6.0), and the interval between major ruptures is estimated to be about 250 years. Southern California Earthquake Center (SCEC) reports probable earthquake magnitudes for the main trace of the Elsinore fault to be in the range of 6.5 to 7.5. At the northern end of the Elsinore Fault zone, the fault splits into two segments: the 25-mile-long Whittier Fault (probable magnitudes between 6.0 and 7.2), and the 25-mile-long Chino Fault (probable magnitudes between 6.0 and 7.0). The location of the Whittier Fault makes it especially critical to the Diemer Filtration Plant in Yorba Linda and pipelines bringing water into Orange County and/or from the Diemer Plant which is located very near this fault. Final August 2019 3-29 SECTION THREE Risk Assessment Figure 3-3 Ground Shaking Hazard San Bernardino County Los Angeles County Riverside County \ / Water Districts Infrastructure • Reservoirs 4 ,w MET Diemer Filtration Plant Water Treatment Plant Wastewater Treatment Plant Potable Local I MET/Joint Agency Pipe Lines Ground Shaking J °�°' San Diego County Local Sewer Lines Susceptability Regional Sewer Lines -Outfall Lines Moderate N W�E -Force Mains � High Water Agency Boundary Extreme oi 2;1 51 to \ Miles ORANGE COUNTY POTABLE AND WASTEWATER INFRASTRUCTURE Final I August 2019 3-30 SECTION THREE Risk Assessment Figure 3-4 Alquist-Priolo Rupture Zones San Bernardino County Los Angeles orervgeC°um fteaer'/i�{ County _ - 0. r ' uCf Lr1 s• �'' —� Riverside County . 1 oa.rvts `! own 1- C� vas re:� I—_._.. _ •�^ wn�rn Water Districts Infrastructure f.. • Reservoirs `' w,_ Hescry � MET Diemer Filtration Plant sa � s •� fs Water Treatment Plant ~ —•_. ftc Wastewater Treatment Plant Potable Local \?� , MET/Joint Agency Pipe Lines s ,e �r San Diego County —Local Sewer Lines ° Regional Sewer Lines Earthquake N Outfall Lines Hazard --- Force Mains w+e Alquist-Priolo Rupture s O Water Agency Boundary Zone o 2.5 s 10 Miles �\ ORANGE COUNTY POTABLE AND WASTEWATER INFRASTRUCTURE Final I August 2019 3-31 SECTION THREE Risk Assessment • Newport-Inglewood-Rose Canyon Fault Zone: This fault zone extends from the Santa Monica Mountains in a southeast direction through the western part of Orange County, then continues offshore (not more than four miles from the coast) down to San Diego Bay. Originally, this was thought to have been two separate systems; the Newport-Inglewood Fault and the Rose Canyon Fault Line. However, a study prepared in March 2017 found that they are in fact one continuous fault line with three main stepovers. This fault line was the source of the destructive 1933 Long Beach earthquake (magnitude 6.4), which caused 120 deaths and considerable property damage. SCEC reports probable earthquake magnitudes for the Newport-Inglewood fault to be in the range of 6.0 to 7.4. • Peralta Hills Fault: Limited information is available to paleoseismically characterize the fault and no studies have been undertaken to determine the timing of earthquakes. There is a strong geomorphic expression along Lincoln Boulevard west of Tustin Avenue in the City of Orange. Some believe the fault is not active while others believe it is active. On-going research has linked the fault as a back thrust with the Elsinore Fault,with a potential magnitude of 6.8. • Puente Hills Thrust Fault: This is another recently discovered blind thrust fault that runs from northern Orange County to downtown Los Angeles. It is now known to be the source of the 1987 Whittier Narrows earthquake. Recent studies indicate that this fault has experienced four major earthquakes ranging in magnitude from 7.2 to 7.5 in the past 11,000 years,but that the recurrence interval for these large events is on the order of several thousand years. • San Andreas Fault Zone: As the dominant active fault in California, it is the main element of the boundary between the Pacific and North American tectonic plates. The longest and most publicized fault in California, it extends approximately 650 miles from Cape Mendocino in northern California to east of San Bernardino in southern California and is approximately 35 miles northeast of Orange County. This fault was the source of the 1906 San Francisco earthquake, which resulted in some 700 deaths and millions of dollars in damage. It is the southern section of this fault that is currently of greatest concern to the scientific community. Geologists can demonstrate that at least eight major earthquakes (Richter Magnitude 7.0 and larger) have occurred along the southern San Andreas Fault in the past 1,200 years with an average spacing in time of 140 years, plus or minus 30 years. The last such event occurred in 1857 (Fort Tejon earthquake). Based on that evidence and other geophysical observations, the Working Group on California Earthquake Probabilities (SCEC, 1995) has estimated the probability of a similar rupture (M 7.8) in the next 30 years (1994 through 2024) to be about 50 percent. The range of probable magnitudes on the San Andreas Fault Zone is reported to be 6.8 to 8.0. • San Jacinto Fault Zone: The San Jacinto fault zone is located approximately 30 miles north and east of the county. The interval between ruptures on this 130-mile-long fault zone has been estimated by SCEC to be between 100 and 300 years,per segment. The most recent event (1968 M6.5) occurred on the southern half of the Coyote Creek segment. SCEC reports probable earthquake magnitudes for the San Jacinto fault zone to be in the range of 6.5 to 7.5. • San Joaquin Hills Fault: This fault is a recently discovered southwest-dipping blind thrust fault originating near the southern end of the Newport-Inglewood Fault close to Huntington Beach, at the western margins of the San Joaquin Hills. Rupture of the entire area of this blind thrust fault could generate an earthquake as large as magnitude 7.3. In addition, a minimum average Final August 2019 3-32 SECTION THREE Risk Assessment recurrence interval of between about 1650 and 3100 years has been estimated for moderate-sized earthquakes on this fault(Grant and others, 1999). In addition to the major faults described above, the rupture of several smaller faults could potentially impact Orange County, including the Norwalk Fault (located in the north of the county in the Fullerton area) and the El Modeno Fault(located in the City of Orange area). In 2005, MWDOC hired Earth Consultants International to prepare specific ground acceleration and shaking maps for five fault earthquake scenarios in Orange County. Table 3-7, Characteristics of Important Geologic Faults in Orange County, summarizes the characteristics of these five major geologic faults. Earthquake maps for the individual jurisdictions are included in the Jurisdictional Annexes. Table 3-7 Characteristics of Important Geologic Faults in Orange County Newport- Characteristic Inglewood- Peralta Hills Puente Hills San Joaquin Whittier Rose Canyon Hills (onshore) Fault Type Strike-slip Thrust Blind thrust Blind thrust Strike-slip Slip Rate mm/ r 1 +/-0.5 Unknown, Prob.<1 0.7+/-0.4 0.5+/-0.2 2.5+/-1.0 Magnitude' 6.9 6.8 7.5 6.6 6.8 Recurrence Interval ears 2,200-3,900 Unknown 2,750 1,600-3,100 1,100 Last Activityears ago) M6.3 in 1933 Unknown <3,000 200-300 1,600-2,000 1 The magnitude shown represents the fault's average behavior. Reference: "Five Earthquake Scenarios Ground Motion Maps for Northern Orange County"prepared for Municipal Water District of Orange County by Earth Consultants International,July 22,2005. Figure ,prepared for the California Domestic Water Corp., a private wholesaler, shows the location of earthquake epicenters from 1941 to 2013 in and around Orange County, which is outlined in the center of the map. Earthquakes that occur outside of southern California and Orange County could also have a significant impact on drinking water supplies. Such scenarios include disruptions of the Colorado River Aqueduct, the State Water Project (especially at an area such as the Edmonston Pumping Station and Porter Tunnel bringing water over and through the Tehachapi), and in the Bay-Delta Region,where failure of levees and flooding of islands with salt water from San Francisco Bay could disrupt water supplies for months or years. Orange County is 50 percent dependent on supplies from beyond its borders to meet the drinking water needs. This leaves it exposed to these occurrences from outside the region. Final I August 2019 3-33 SECTION THREE Risk Assessment Figure 3-5 Location of Earthquake Faults Bounding the CDWC Service Area and Orange County WEE = = • ,; ,;.-� r CtErifORN • OO ` ail•. '7,' _ ' ti0 - (tp +G V CRNAK O►%VON/4 "Ito. 00 OOD n'� ♦ RAYNONO ZONE Mk'. O�� •.* A � � �Gy'� DOSE ! t• °1(`O = �. • .ZmS CREEP 1 , • ,NP aJ ATM cF ' •'r\�• (f�•• • .• •' }'c .i•. V lM • s°� oe p a C ' • pp .• LD EAR.• • � • � .-��,i'.�•��,, LFRp� • 1,i,. ; • 1S y1 t �• +o(T t1 Orange County Feeders• es and Wells !t - 'r0 7✓ - aro black plotted in black. Sec Plate 1 for further details .�+p 1 • � _ �U�h r (�, L( •M.. •. 1 -C• .j'/- 1• „� _' _. .I CREEP JJ Mauksson el al.2013 EaAhquake Catalog - fN..7.o • 4e.N..so•Y..a.o • • • ' r /. I •• r 30.N.•do so.N..eo R ,141 • R Fa ram t. ��FM wO�rrb.c irM 1'00 xr♦i Q•prpnM / 7//•.��y��/� � l,� �F.,e•a n•rrrr vw 11,1(q F•r•)D•pl•t•nr• •• � _ 1* ,/J�/ x'I 1 3 FM+Oi lY O-M—y(F••700 000 F•nF)D-•rc• , 1" r /j r.JL yl �F.1-_'Ow••rwFOw••or•w�•tna•rWn•e•rF•1 � �'� •� *GeoPentech Al .-.-�..r..•.�•r�r�r�_'��.. ._-.. • . • _-�__ wnx•n/wuru.u.wnr, Final August 2019 3-34 SECTION THREE Risk Assessment LIQUEFACTION The potential for liquefaction exists in areas susceptible to ground shaking with loose soils and/or shallow groundwater. Given the active faults in the region and the presence of geologically young, unconsolidated sediments and hydraulic fills, liquefaction is possible throughout much of Orange County. The California Geological Survey's Seismic Hazards Zonation Program identifies and maps areas prone to liquefaction. These zones for Orange County are shown in Figure 3-6. The most extensive liquefaction zones occur in coastal areas, including parts of Huntington Beach and Newport Beach, and along Upper Newport Bay. In addition, a 2016 Seismic Hazard Assessment conducted by GeoPentech, Inc. found that the highest liquefaction hazard areas are the flat, coastal portions of the planning area, and the risk decreases moving inland. The areas identified as being highly susceptible to liquefaction are the San Juan Creek/San Clemente Beach areas. 3.2.6.4 Magnitude/Severity Ground shaking is measured using either the moment magnitude scale (MMS, denoted as Mw or simply M) or the Modified Mercalli Intensity Scale. The MMS is a replacement for the Richter scale, which is still often referred to but is no longer actively used, as the Richter scale is not reliable when measuring large earthquakes.18 The weakest earthquakes measured by the MMS start at 1.0, with the numbers increasing with the strength of the earthquake. The strongest recorded earthquake, which struck Chile in 1960, measured 9.5 on the MMS.19 Like the Richter scale, the MMS is a logarithmic scale, meaning the difference in strength between two earthquakes is much larger than the difference in their measurements. For example, a 6.0 Mw earthquake is 1,000 times stronger than a 4.0 Mw earthquake and about 1.4 times as strong as a 5.9 Mw event. The Modified Mercalli Intensity Scale is based on the damage caused by the earthquake and how it is perceived, rather than an actual measurement. When comparing multiple earthquakes, one event may have a higher Mercalli rating than another even if it released less energy, and thus was measured lower on the MMS. The Mercalli scale ranges from I(instrumental,rarely felt by people)to XII(catastrophic,total damage and lines of sight are distorted). Table 3-8, Comparison ofMMS and Modified Mercalli Intensity Scale, shows a general comparison between the MMS and the Modified Mercalli Intensity Scale. Note that there is some overlap toward the higher end of the Mercalli ratings, with certain intensities produced by multiple ranges of magnitude measurements. 18 2014. "Moment Magnitude, Richter Scale." https://www.usgs.gov/faqs/moment-magnitude-richter-scale-what-are- different-magnitude-scales-and-why-are-there-so-many. 19 2015."Earthquake Lists,Maps,and Statistics."https://earthquake.usgs.gov/earthquakes/browse/. Final I August 2019 3-35 SECTION THREE Risk Assessment Figure 3-6 Liquefaction Susceptibility Zones San Bernardino County Los Angeles 4 %moo,r,�Fed ` Riverside County �;ru I Jr EAR AEa x nur ors x^nnox / 10,1111, l N YB'9 iyoxR I LA Water Districts Infrastructure \ ! 0 Reservoirs .. I Rescry MET Diemer Filtration Plant su f 8 Water Treatment Plant Wastewater Treatment Plant XTI=="a wE r Potable Local Liquefaction MET/Joint Agency Pipe Lines Susceptability sc leg.l -Local Sewer Lines Very Hig San Diego County - h Regional Sewer Lines Outfall Lines High N ---- Force Mains Moderate w+E s Water Agency Boundary Unknown o a.s 5 10 MR es ORANGE COUNTY POTABLE AND WASTEWATER INFRASTRUCTURE Final I August 2019 3-36 SECTION THREE Risk Assessment Table 3-8 Comparison of MMS and Modified Mercalli Intensity Scale Magnitude(MMS) Modified Mercalli Intensity Scale Intensity A Description :a 1.0 to 3.0 I Not felt except by very few persons under especially favorable conditions. II Weak: Felt only by a few persons at rest,especially on upper floors of buildings. 3.0 to 3.9 Weak: Felt quite noticeably by persons indoors,especially on upper floors of buildings. III Many people do not recognize it as an earthquake. Standing motor cars may rock slightly. Vibrations similar to the passing of a truck. Duration estimated. Light: Felt indoors by many,outdoors by few during the day. At night,some awakened. IV Dishes,windows,doors disturbed;walls make cracking sound. Sensation like heavy truck 4.0 to 4.9 striking building. Standing motor cars rocked noticeably. V Moderate: Felt by nearly everyone; many awakened. Some dishes,windows broken. Unstable objects overturned. Pendulum clocks may stop. VI Strong: Felt by all, many frightened. Some heavy furniture moved;a few instances of 5.0 to fallen plaster. Damage slight. 5.9 Very Strong: Damage negligible in buildings of good design and construction;slight to VII moderate in well-built ordinary structures;considerable damage in poorly built or badly designed structures;some chimneys broken. Severe: Damage slight in specially designed structures;considerable damage in ordinary 6.0 to 6.9 VIII substantial buildings with partial collapse. Damage great in poorly built structures. Fall of chimneys,factory stacks,columns,monuments,walls. Heavy furniture overturned. Violent: Damage considerable in specially designed structures;well-designed frame IX structures thrown out of plumb. Damage great in substantial buildings,with partial 7.0 and collapse. Buildings shifted off foundations. greater Extreme: Some well-built wooden structures destroyed;most masonry and frame X structures destroyed with foundations. Rails bent. XI Extreme: Few, if any(masonry)structures remain standing. Bridges destroyed. Rails bent greatly. XII Extreme: Damage total. Lines of sight and level are distorted. Objects thrown into the air. Source: USGS 2017. Final I August 2019 3-3 7 SECTION THREE Risk Assessment Several faults in Orange County can produce severe to extreme earthquakes. The SCEC and the Working Group on California Earthquake Probabilities have determined the probable magnitude for an earthquake along these major faults: • Elsinore Fault Zone: SCEC reports probable earthquake magnitudes for the main trace of the Elsinore fault to be in the range of 6.5 to 7.5. The two northern segments, the Whittier Fault and the Chino Fault,have probable magnitudes of 6.0 to 7.2 and 6.0 to 7.0,respectively. The Whittier Fault location is extremely critical because it crosses the two main sources of untreated water being brought into the County (Yorba Linda Feeder and the Lower Feeder) and it passes very close to the Diemer Filtration Plant which serves as the treatment facility for the bulk of Orange County. Metropolitan does not have a backup system to supply treated water to many parts of central and southern Orange County in the event of an outage of the Diemer Plant. • Newport-Inglewood Fault Zone: SCEC reports probable earthquake magnitudes for the Newport- Inglewood fault to be in the range of 6.0 to 7.4. • Puente Hills Thrust Fault: Recent studies indicate that this fault has experienced four major earthquakes ranging in magnitude from 7.2 to 7.5 in the past 11,000 years,but that the recurrence interval for these large events is on the order of several thousand years. • Peralta Hills Fault: The Earth Consultants International study for MWDOC indicates that this may be a back thrust fault to the Elsinore fault and may be capable of a magnitude 6.8. • San Andreas Fault Zone: Based on that evidence and other geophysical observations, the fault has estimated the probability of a rupture with a magnitude 7.8 in the next 30 years (1994 through 2024) to be about 50 percent (SCEC, 1995). The range of probable magnitudes on the San Andreas Fault Zone during this period is reported to be 6.8 to 8.0. • San Joaquin Hills Fault: Recent reports have determined that the blind thrust fault can generate an earthquake as large as 7.3. In addition, a minimum average recurrence interval of 1650 to 3100 years has been estimated for moderate-sized earthquakes on this fault. • San Jacinto Fault Zone: SCEC reports probable earthquake magnitudes for the San Jacinto fault zone to be in the range of 6.5 to 7.5. Although the San Andreas Fault Zone can produce an earthquake with a magnitude greater than 8.0 M, some of the smaller faults have the potential to inflict greater damage on the urban core of the Los Angeles Basin. Seismologists believe that a 6.0 earthquake on the Newport-Inglewood Fault Zone would result in far more death and destruction than a larger earthquake on the San Andreas Fault Zone, due to the San Andreas' relatively remote location from the urban centers of southern California. 3.2.6.5 Probability of Future Occurrences Based on the amount of seismic activity that occurs within the region,there is no doubt that communities within the jurisdictional boundaries of MWDOC will continue to experience future earthquake events. It is reasonable to expect that a major event (5.0 M or higher) and possibly even more severe will occur within a 30-year timeframe. Final I August 2019 3-3 8 SECTION THREE Risk Assessment The Third Uniform California Earthquake Rupture Forecast (UCERF3), developed in 2014 by the Working Group on California Earthquake Probabilities and led by the USGS, provides estimates of the magnitude, location, and likelihood of fault rupture for more than 350 fault segments throughout the state. For Southern California, the study estimated the likelihood of a 6.0 M earthquake at 100 percent, a 7.0 earthquake at 75 percent, and an 8.0 earthquake at 7 percent.20 Predicted ground shaking patterns throughout southern California for hypothetical scenario earthquakes are available from the USGS as part of their on-going"ShakeMap"program. These maps are provided in terms of Instrumental Intensity, which is essentially Modified Mercalli Intensity estimated from instrumental ground motion recordings. ShakeMaps in graphical and GIS formats are available on the USGS website at: https:Hearthquake.usgs.gov/data/shakemap/. In 2014, USGS released a simplified Peak Ground Acceleration(PGA) map to demonstrate the 2 percent probability of exceedance within a 50-year time period; refer to Fib. This analysis was done at the nationwide level and can be seen in the figure below. California, and many parts of southern California, have a risk of high PGA at this probability level. Figure 3-7 Peak Ground Acceleration with 2 Percent Probability in 50 Years for the United States 70 1 _ , y � I 30' IX PLANATION ❑ ' ❑ --- Peekaaelerelian,enpreesed.. alnctionolsrandardgraaiN19109 ---- 04 --_ .Llyyr..� 0.3 0.0 0 Li 25' 01.1a fveae whore eueDected nomeclonic eenhquakea have been deleted ,!` 0.0e 004 0,02 - — 0 ----- 0 500 1.000 KILOMETERS 0 5uo IA00 MILES Two-percent probability of exceedance in 50 years map of peak ground acceleration 20 https://pubs.usgs.gov/fs/2015/3009/pdf/fs20l5-3009.pdf. Final I August 2019 3-39 SECTION THREE Risk Assessment 3.2.7 Flood 3.2.7.1 Description (Nature) of the Hazard Flooding may result from heavy rains raising water levels in rivers and streams; storms, tides, and weather patterns pushing ocean water into coastal areas; and when debris blocks normal storm water drainage systems. Other causes are discussed in more detail elsewhere in the plan, including sea-level rise in Section 3.2.1 and dam/reservoir failure in Section 3.2.4. Flooding can happen fast and with little warning,or water levels may rise slowly over the course of several days. Orange County's terrain makes it naturally susceptible to flooding. Many of the rivers, creeks, and streams flow through natural floodplains on their way to the ocean. The County's rapid growth and transformation from an agricultural community to an urban community has changed flood-control practices in the region. Drainage is managed through reservoirs, dams, diversion structures and developed plains. In addition, seven pump stations (Huntington Beach, Cypress, Seal Beach, Los Alamitos, Rossmoor, Harbor-Edinger, and South Park) regulate storm water discharge to flood control channels. Although there is a countywide system of flood-control facilities, many of these are not designed for or capable of conveying runoff from major storms. Orange County also has a warning system in place to detect potential flooding. The County began installing its ALERT (Automated Local Evaluation in Real Time) system in 1983. Operated by the County's Environmental Resources Section of the Resource Development and Management Department (RDMD) in cooperation with the National Weather Service, ALERT uses remote sensors located in rivers, channels and creeks to transmit environmental data to a central computer in real time. Sensors are installed along the Santa Ana River, San Juan Creek, Arroyo Trabuco Creek, Oso Creek, Aliso Creek, as well as flood control channels and basins. The field sensors transmit hydrologic and other data (e.g., precipitation data, water levels, temperature, wind speed, etc.) to base station computers for display and analysis. 3.2.7.2 History/Past Occurrences Residents reported damaging floods caused by the Santa Ana River as early as 1770 (as recorded by explorer and missionary Father Juan Crespi). Major floods in Orange County along the Santa Ana River occurred in 1810, 1815, 1825, 1862, 1884, 1891, 1916, 1927, 1938, 1969, 1983, 1993, 1995, 1998, 2005, 2010, and 2017. Often these events involved additional hazards, such as landslides, mud flows, and high winds. Table 3-9, Presidential Disaster Declarations for Flooding in Orange County Since 1969, lists Presidential Disaster Declarations since 1969 that involved flooding and affected Orange County. Final I August 2019 3-40 SECTION THREE Risk Assessment Table 3-9 Presidential Disaster Declarations for Flooding in Orange County Since 1969 Disaster Incident Type Title Incident Incident Number Begin Date End Date 4305 Flood Severe winter storms,flooding,and mudslides. 1/18/2017 1/23/2017 1952 Flood Severe winter storms,flooding,and debris and mud flows. 12/17/2010 1/4/2011 1585 Severe Storm(s) Severe storms,flooding,landslides,and mud/debris flows. 2/16/2005 2/23/2005 1577 Severe Storm(s) Severe storms,flooding,debris flows,and mudslides. 12/27/2004 1/11/2005 1203 Severe Storm(s) Severe winter storms and flooding. 2/2/1998 4/30/1998 1046 Severe Storm(s) Severe winter storms,flooding landslides,mud flow. 2/13/1995 4/19/1995 1044 Severe Storm(s) Severe winter storms,flooding,landslides,mud flows. 1/3/1995 2/10/1995 979 Flood Severe winter storm,mud&landslides,and flooding. 1/5/1993 3/20/1993 935 Flood Rain/snow/wind storms,flooding, mudslides. 2/10/1992 2/18/1992 812 Flood Severe storms,high tides and flooding. 1/17/1988 1/22/1988 677 Coastal Storm Coastal storms,floods,slides and tornadoes. 1/21/1983 3/30/1983 615 Flood Severe storms,mudslides and flooding. 1/8/1980 1/8/1980 547 Flood Coastal storms,mudslides and flooding. 2/15/1978 2/15/1978 253 Flood Severe storms and flooding. 1/26/1969 1/26/1969 The most significant flood events to affect the county are summarized below: • Great Flood of 1862. The flood of January 1862, called the Noachian deluge of California, was unusual in two ways: 1) the storm causing the flood occurred during a very severe drought spanning 1856 to 1864; and 2) the flood lasted 20 days, which is considered an extremely long duration. Under normal circumstances,major floods last only a few days. The only structure left standing along this portion of the Santa Ana River was the Aqua Mansa chapel and residents gathered on the small point of high-land to take refuge from the storm. Miraculously, there were no recorded deaths. • Great Flood of 1916 On January 27, 1916, flood waters inundated a large area along the Santa Ana River, including Main Street in downtown Santa Ana, where the water was 3 feet deep. Adjacent farm lands, which later became the City of Westminster, also flooded. Three vehicular bridges and three railroad bridges were washed away by the flood and four people drowned. • Great Flood of 1938. The flood of 1938 is considered the most devastating flood to occur in Orange County during the 20t1i Century and affected all Southern California. The storm began on February 27 and lasted until March 3. In the Santa Ana Basin, 34 people died, and 182,300 acres were flooded. All buildings in Anaheim were damaged or destroyed. Two major railroad bridges, seven vehicular bridges, and the town of Atwood were destroyed. The Santa Ana River inundated the northwestern portion of Orange County and train service to and from Santa Ana was cancelled. The maximum discharge on March 3, 1938 was 46,300 cfs, with a gage height at 10.20 feet. Damage exceeded$50 million. • Great Flood of 1969. The floods of January and February 1969 were the most destructive on record in Orange County. Previous floods had greater potential for destruction, but the County Final I August 2019 3-41 SECTION THREE Risk Assessment was relatively undeveloped when they occurred. During the flood of 1969, rain fell almost continuously from January 18 to January 25, resulting in widespread flooding. Orange County was declared a national disaster area on February 5. A second storm hit on February 21 and lasted until February 25 bringing rain to the already saturated ground. This second storm culminated in a disastrous flood on February 25. The storm resulted in the largest peak outflow from Santiago Reservoir since its inception in 1933. The reservoir at Villa Park Dam reached its capacity for the first time since its construction in 1963; the dam had a maximum inflow of 11,000 cfs. The outlet conduit was releasing up to 4,000 cfs yet the spillway overflowed at 1:30 p.m. and continued for 36 hours. The maximum peak outflow from the dam reached 6,000 cfs. Although the safety of the dam was never threatened the outflow caused serious erosion downstream in the cities of Orange and Santa Ana and in some parks and golf courses. A Southern Pacific Railroad bridge, water and sewer lines, a pedestrian over crossing, and three roads washed out. Approximately 2,000 Orange and Santa Ana residents were evacuated from houses bordering Santiago Creek. • Great Flood of 1983. An intense downpour and high tides associated with El Nino (due to the presence of a low-pressure system) caused intense shoreline flooding. Meanwhile the Santa Ana River crested its sides near the mouth of the ocean; creating a disaster for the low-lying areas of Huntington Beach; floodwaters were 3 to 5 feet deep. • 1992 Coastal Storms. In 1992, several coastal storms affected many coastal utilities storm drain and sewage treatment processes. SOCWA reported significant cracks and damage to its Aliso Creek Ocean outfall. • Great Floods of 1993. El Nino caused more flooding. An intense storm was concentrated in the Laguna Canyon Channel area extending from Lake Forest to downtown Laguna Beach. In spite of a valiant effort to save downtown merchants by sandbagging,the stores were flooded. Laguna Canyon Road was damaged extensively, as well as homes and small businesses in the Laguna Canyon Channel. There were no fatalities reported. 0 Great Flood of 1995. A disaster was declared in Orange County after extremely heavy and intense rains exceeded the storm runoff capacity of local drainage systems in many Orange County cities and regional Flood Control District systems. As a result, widespread flooding of homes and businesses occurred throughout these cities. There were approximately 1,000 people evacuated and extensive damage sustained to both private and public property. 0 Great Floods of 199711998. El Nino Storms that occurred during this period created extensive storm damage to private property and public infrastructure,with damages reaching approximately $50 million. Storm conditions caused numerous countywide mudslides, road closures, and channel erosion. Hillside erosion and mudslides forced the continual clearing of roads of fallen trees and debris. Protective measures, such as stabilizing hillside road slopes with rock or K-rail at the toe of slopes, were taken to keep the normal flow of transportation. Harbors, beaches, parks, and trails also sustained substantial storm damage. • 201012011 Winter Storms. On January 26, California received Presidential Declaration for the Severe Winter Storms, Flooding, and Debris and Mud Flows that occurred December 17, 2010 through January 4, 2011. At the time of the declaration the State of California incurred well over $75 million in damages, while Orange County sustained over $36 million in damages. Orange Final August 2019 3-42 SECTION THREE Risk Assessment County sustained extensive damage sustained to private and public property, as well as critical infrastructure. • 2017 Winter Storms.21 Southern California experienced three storms over six days starting on January 18. The heavy rains, combined with already saturated soil, produced flash flooding across much of Orange County. Streets flooded with 1 to 3 feet of water in Huntington Beach, Santa Ana, and Newport Beach. Responders conducted rescue operations on the Santa Ana River in the cities of Orange and Huntington Beach. The storms resulted in a Presidential Disaster Declaration for 16 counties throughout the state. 3.2.7.3 Location/Geographic Extent Orange County covers 789 square miles and its landscape varies from mountainous terrain (in the northeast and southeast) to floodplains (in the central and western section). Figure e 3-8 identifies the 100- and 500-year FEMA floodplains within the County. A sizable portion of north Orange County, including some of the County's most densely populated areas, is within a 500-year floodplain, which denotes areas with a one-in-500, or 0.2 percent, chance of flooding in any given year. These floodplains are further explained in Sections 3.2.7.4 and 3.2.7.5. The Santa Ana River, flowing through the heart of Orange County to the Pacific Ocean, is the County's greatest flood threat. Other areas subject to flooding during severe storms include areas adjacent to Atwood Channel, Brea Creek Channel, Fullerton Creek Channel, Carbon Creek Channel, San Juan Creek Channel, and East Garden Grove-Wintersburg Channel. Areas adjacent to Santiago Creek and Collins Channel in the central portion of the County and large portions of the San Diego Creek watershed in the City of Irvine and unincorporated areas of the County are also subject to inundation. In the southern portion of the county, canyon areas are subject to flooding. The continued development in these areas has made the flood hazard even greater. 3.2.7.4 Magnitude/Severity Flood severity is often described in terms of a 100-year flood, describing an event that is likely to occur once in a 100-year period. In other words, there is a 1 percent probability of an event this severe occurring in any given year. Flood Insurance Rate Map (FIRM)panels produced by FEMA identify areas subject to this level of risk as being within the 100-year floodplain. Fi urn shows these locations throughout Orange County, as well as a 500-year floodplain, which indicates a 0.2 percent annual chance of flooding. Floods can also be measured in terms of data collected by U.S. Geological Survey through a nationwide system of stream gages. The primary gage on the Santa Ana River is in the City of Santa Ana. During the Great Flood of 1938, this gage measured a water level of 10.2 feet, compared to a normal height of about 1.44 feet. During both two most recent flood events in 2010/2011 and 2017, the river reached 7.6 feet. 21 NCEI. Storm Events Database. https://www.ncdc.noaa.gov/stonnevents/eventdetails.jsp?id=676168; and The Orange County Register. January 23, 2017. Flooding, mudslides, power outages follow torrential rainstorm. https://www. ocregister.com/2017/01/23/flooding-mudslides-power-outages-follow-torrential-rainstorm/. Final I August 2019 3-43 SECTION THREE Risk Assessment Figure 3-8 Flood Zones San Bernardino �i County Los Angeles oi.ngeC-, Reef County - ERR ewFA^ r Riverside County .E.N ow,N E /bF11L lFIiCN REA r/ —r' �mVFPnNrn Wpikx nl9.RlCi q� ' y Ns RRi f �— vl� , jV y 9E:�A s.P �o�N �� ,- I` , -- �. Water Districts Infrastructure • Reservoirs � I MET Diemer Filtration Plant Water Treatment Plant Y f r r \ `�sf aid Wastewater Treatment Plant IN".ERMS— /_ N< Potable Local \ " — MET/Joint Agency Pipe Lines 'E° San Diego County Local Sewer Lines —Regional Sewer Lines Flood Zones — N Outfall Lines ---Force Mains _ FEMA 100 Year w+E O Water Agency Boundary - o 2.5 s 10 FEMA 500 Year �I II �\ Mlles ORANGE COUNTY POTABLE AND WASTEWATER INFRASTRUCTURE Final I August 2019 3-44 SECTION THREE Risk Assessment The greatest flood in terms of water flow occurred in 1862, when the Santa Ana River saw an estimated flow rate of 317,000 cubic feet per second(cfs). This flood was three times greater than the Great Flood of 1938 which had an estimated flow of 110,000 cfs. Peak discharges measured on the Santa Ana River during declared flood disasters since 1993 have ranged from 8,220 to 31,700 cfs. On December 22, 2010, during the peak of that winter's floods, a weather station in Silverado Canyon recorded more than 7 inches of rain in a single day, according to NOAA climate data. During other flood events in the last 25 years,the maximum daily rainfall recorded within Orange County has ranged from 2 to 4 inches. 3.2.7.5 Probability of Future Occurrences As mentioned in Section 3.2.7.4, FIRM panels depict areas that have a 1 percent chance of flooding in any given year, identified as a 100-year floodplain, as well as a 0.2 percent chance, or a 500-year floodplain. Such areas within Orange County are depicted in Figure 3-8. 3.2.8 Geologic Hazards (Expansive Soils & Land Subsidence) 3.2.8.1 Description (Nature) of the Hazard EXPANSIVE SOILS According to a scientific paper published in the Journal of Geotechnical Engineering (Day 1994), "expansive soil is a worldwide problem that causes extensive damage to civil engineering structures." Expansive soils are particularly problematic in the southwestern United States and especially in southern California, where there are large clay deposits compounded by "alternating periods of rainfall and drought." The problem with constructing on expansive soils is that the clay, often referred to as adobe, expands rapidly during the rainy season and contracts gradually during the dry season causing "shrink- swell." Shrink-swell is particularly problematic for "slab-on-grade" foundations which can be placed directly on expansive soil which are constantly in a state of movement as the soil expands and contracts causing the foundation to fatigue and crack. Buildings with balloon frame construction are also susceptible to bowing and cracking when built on expansive soils. Shrink and swell can affect water/wastewater facilities particularly buildings or structures built using slab on grade or balloon frame construction techniques. Expansive soil is also known to "creep" on unstable slopes eventually leading to landslides. Typically, this is found when expansive soil underlies compact topsoil. As the expansive soil expands-contracts,the compact topsoil slides or creeps downhill. Facilities built on unstable slopes with underlying expansive soils are prone to movement and can be damaged or destroyed in extreme circumstances. LAND SUBSIDENCE The United States Geological Survey (USGS) defines land subsidence as a gradual settling or sudden sinking of the ground surface because of subsurface movement of underlying geologic units. Scientists at the USGS have determined that nearly 17,000 square miles in 45 states have been directly affected by land subsidence, caused by aquifer-system compaction, drainage of organic soils, underground mining, hydro-compaction, natural compaction, sinkholes, and thawing permafrost. More than 80 percent of land subsidence is caused by over-use of groundwater and the increasing development of land and water resources threatens to worsen existing land-subsidence problems (while initiating)new ones. Final I August 2019 3-45 SECTION THREE Risk Assessment Land subsidence in California is mainly caused by groundwater pumping in areas where aquifer recharge is exceeded. Known as "over-drafting," the dewatering of aquifers has led to lower water tables and subsidence, resulting in damage to infrastructure, water quality and in coastal areas has resulted in the intrusion of seawater. USGS notes "the compaction of unconsolidated aquifer systems that can accompany excessive groundwater pumping is by far the single largest cause of subsidence" and "the overdraft of such aquifer systems has resulted in permanent subsidence and related ground failures,"thus "the extraction of this resource for economic gain constitutes `groundwater mining' in the truest sense of the term." Over-drafting is further exacerbated in hot geographic regions with a large population; this includes much of the southern California. 3.2.8.2 History/Past Occurrences EXPANSIVE SOILS In 1980, Krohn and Slosson (1980) made an assessment and cost estimate of the damage caused by expansive soils throughout the United States. They estimated that approximately $7 billion in property damage was reportedly attributed to construction on expansive soils. While no recent figures have been identified, the increase in construction activity in areas of expansive soil, especially in southern California,will undoubtedly cause this number to increase. J. David Rogers of the University of Missouri found that"expansive soils are the second leading cause of property damage in the United States." There are no reported occurrences of expansive soils causing considerable damage within the County; although expansive soils are known to exist. Typically, expansive soils would be identified at a local level on a site-by-site or area basis and are addressed as part of the development review process. LAND SUBSIDENCE The relationship between subsidence and groundwater pumping was not fully recognized until 1928 when O.E. Meinzer, scientist with the United States Forest Service (USFS), realized that aquifers were compressible. By the 1950s, the USGS made a concerted effort to measure the amount of ground subsidence. In 1952, Joseph Poland studied large discrepancies between the U.S. Coast and Geodetic Survey for the Santa Clara and San Joaquin valleys. Poland noted that the increased use of groundwater correlated with the amount of ground subsidence. Poland's work led to the verification of"consolidation theory" or compressible aquifers, as well as leading to the development of "definitions, methods of quantification, and confirmation of the interrelationship among hydraulic-head declines, aquitard (clay) compaction,and land subsidence." Subsidence has historically occurred in Orange County associated with groundwater pumping and from peat decomposition. The areas of historic subsidence associated with groundwater pumping are illustrated in Figure 3-9, below. Localized subsidence possibly due to peat decomposition has also been reported in scattered areas inland from the coast between Sunset and Newport Beaches. 3.2.8.3 Location/Geographic Extent EXPANSIVE SOILS According to the County of Orange General Plan Safety Element, much of Orange County is covered by soil that may cause cracking in concrete foundations. The most prevalent problems occur from clay or "expansive" soils that contract and expand. Problems attributed to expansive soils are usually related to Final I August 2019 3-46 SECTION THREE Risk Assessment improperly designed or constructed foundations. Due to the diversity of soil conditions, structures are not completely safe from cracking, slipping, or sinking to some degree. Expansive soils are typically mitigated through structural and design regulations as well as through soil treatment techniques. The California Building Code specifically addresses expansive soils in Sections 1804.4, 1806.5 and 1815. The California Health and Safety Code Section 17954 states that "If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, such ordinance shall require a soil investigation of each lot in the subdivision" and "The soil investigation shall be prepared by a civil engineer who is registered in this state." Expansive soils can impact the entire planning area. LAND SUBSIDENCE Currently, land subsidence affects much of the west coast. The major land-subsidence affected area of Orange County exists between Newport Beach and Huntington Beach and five miles inland from this point. This area is referred to as the Talbert Gap, which formed millennia ago from alluvial deposition from the Santa Ana River. According to the USGS online map viewer, areas starting from Newport Beach up to Seal Beach, and out east to Placentia, experience subsidence impacts due to groundwater pumping. Figure , shows the areas impacted by subsidence. Figure 3-9 Subsidence ...�- Willowbrook �✓`�"__. " . �StabP*,k + Earl a La Mirada { f--'` Compton Yorba f Compton i. Layers' entla I v e Cause of Subsidence W" . curia ■Groundwater Pumping Atka -VIIW ■Peat Loss Oii Extraction t� 1 ._ —Long North Beach Tustin ` al/ � Pon �' s L—st. of Los G any. Argska Rage. Par% � J i 1 oCPA1JU Pac f%CO SAN \ JOAQUIN ake. MILLS r. Fore t ' ,,S�Laguna Laguna boods HII_IS Final August 2019 3-47 SECTION THREE Risk Assessment 3.2.8.4 Magnitude/Severity EXPANSIVE SOILS Damages to property due to erosion and deposition are usually classified as cosmetic, functional, or structural. Cosmetic damages refer to slight problems where only the physical appearance of a structure is affected(e.g., cracking in plaster or drywall). Functional damages refer to situations where the use of a structure has been impacted due to subsidence. Structural damages include situations where entire foundations require replacement due to subsidence-caused cracking of supporting walls and footings. Buildings and infrastructure across Orange County are vulnerable to the impacts of soil expansion, instability, and erosion-related hazards. Cities in southern California have established guidelines for construction in areas of expansive soils. The MAs generally conduct soil surveys prior to construction of water and wastewater facilities and take the specific circumstances into consideration during design and construction. The magnitude and severity of expansive soils are similar throughout the planning area. LAND SUBSIDENCE The Talbert Gap, as described above, has sustained nearly a century of underground water aquifer pumping which was used to sustain intensive grazing and agriculture practices. By 1956 the water table had lowered to below sea level allowing saltwater from the Pacific Ocean to intrude through the Talbert Gap. Because of studies identifying subsidence and saltwater intrusion in Orange County, OCWD began a massive management program to minimize the loss of aquifer-stored water and reduce saltwater intrusion. Although subsidence is a concern within Orange County, programs have been implemented to address subsidence issues. The MAs within the portion of the planning area identified as having historic subsidence could continue to be impacted if it is not monitored and addressed. 3.2.8.5 Probability of Future Occurrences EXPANSIVE SOILS Expansive soils will continue to occur throughout the planning area. Potential impacts associated with these hazards will need to be addressed through site design and development review, including preparation and adherence to geotechnical constraints recommendations. LAND SUBSIDENCE In areas that have experienced decreased precipitation in the summer months and reduced surface-water supplies, communities are often forced to pump more ground water to meet their needs. Orange County has historically experienced long term-droughts, especially in recent years. Although specific areas of excessive pumping, such as Talbert Gap, have been addressed, there is still a high probability that communities within the planning area will continue to experience impacts of these events. It is important that these communities consider future mitigation actions that will address this hazard, particularly in newly developing areas near water. In areas where groundwater pumping has caused subsidence, switching to surface water supplies can be instrumental. Changing climate norms are expected to affect soil resources and especially during hot, dry years annual grasses that stabilize and protect topsoil often fail to germinate or do not grow well. This leaves soil surfaces highly vulnerable to Final I August 2019 3-48 SECTION THREE Risk Assessment erosion from wind and precipitation and can further exacerbate the consequences of soil expansion and subsidence. 3.2.9 High Winds/Santa Ana Winds 3.2.9.1 Description (Nature) of the Hazard High winds are defined as those that last longer than one hour at greater than 39 miles per hour(mph) or for any length of time at greater than 57 mph. High winds that affect Orange County, notably Santa Ana winds, are generally defined as warm, dry winds that blow from the east or northeast (offshore). Santa Ana winds often blow with exceptional speed in the Santa Ana Canyon and forecasters at the National Weather Service in Oxnard and San Diego usually place speed minimums on these winds and reserve the use of "Santa Ana" for winds greater than 25 knots. The complex topography of southern California combined with various atmospheric conditions creates numerous scenarios that may cause widespread or isolated Santa Ana events. Commonly, Santa Ana winds develop when a region of high pressure builds over the Great Basin (the high plateau east of the Sierra Mountains and west of the Rocky Mountains including most of Nevada and Utah). Clockwise circulation around the center of this high-pressure area forces air down slope from the high plateau. The air warms as it descends toward the California coast at the rate of 5 degrees Fahrenheit per 1,000 feet due to compression of the air mass. The air is dry since it originated in the desert,and it dries out even more as it is compressed. 3.2.9.2 History/Past Occurrences Most high wind incidents in the planning area are the result of Santa Ana wind conditions. While high impact wind incidents are not frequent in the area, significant Santa Ana wind events have impacted the County. The National Oceanic and Atmospheric Administration (NOAA) Storm Events Database identifies 145 events reported within Orange County between December 1, 1950 and December 31, 2017. Table 3-10,Major High Wind Events, identifies and describes some of the major events occurring within Orange County. 3.2.9.3 Location/Geographic Extent Santa Ana winds blow westward through the canyons toward the coastal areas of southern California. Orange County commonly experiences Santa Ana winds between October and March. The winds are not location specific,but rather impact the entire planning area. 3.2.9.4 Magnitude/Severity Wind speeds are typically 35 knots through and below passes and canyons with gusts to 50 knots. Stronger Santa Ana winds can have gusts greater than 60 knots over widespread areas with gusts greater than 100 knots in some areas. Frequently, the strongest winds in the basin occur during the night and morning hours due to the absence of a sea breeze. The sea breeze which typically blows onshore daily, can moderate the Santa Ana winds during the late morning and afternoon hours. Santa Ana winds are an important forecast challenge because of the high fire danger associated with them. Santa Ana winds can adversely affect power utilities that have transformers and power lines, in turn affecting the ability of some water and wastewater utilities to operate when back-up generation is unavailable. The magnitude and severity of Santa Ana winds are similar throughout the planning area. Final I August 2019 3-49 SECTION THREE Risk Assessment Table 3-10 Major High Wind Events Magnitude Property Date Location (kts) Damage Description (dollars) Severely disrupted transportation, power, and daily North East Orange activities. Broken trees and power poles were common 12/9/1998 County 81 50,000 throughout the area and power was knocked out to 180,000 customers. Downed power lines also started several wild fires,damaging one house. Most of the major highways in the Inland Empire and Santa Ana Mountains through the Santa Ana Mountains were closed, partially 12/3/1999 and Foothills 104 20,000 due to two semi-tractor trailers that overturned, partially from blowing dust reducing visibility, and partially from road signs and other debris being blown onto the roads. 3/20— Santa Ana Mountains Damage ranged from downed power poles,trees falling 3/21/2000 and Foothills 51 25,000 on cars and houses, fruit being knocked off of trees, and blowing sand and dust lowering visibility to zero. Numerous trees and power poles were blown down. At least 60 communities were affected. A commuter train was delayed for several hours in Orange County when Santa Ana Mountains power poles were blown down onto the track. A brush 1/5—1/7/2003 and Foothills fire whipped by the winds, damaged 5 houses and burned 150 acres. Sparks from downed power lines started numerous small brush fires, but these were quickly contained. Many houses and at least 300 parked automobiles were damaged by falling trees. 11/23/03 Santa Ana Mountains 50 50,000 Trees,power lines,and signs were knocked down. and Foothills 12/16/04 Northeast Orange 68 20,000 2/3/05 Santa Ana Mountains 53 5,000 and Foothills 3/31/05 Northeast Orange 54 5,000 Strong Santa Ana winds caused power outages, blew over big ri s,and knocked down trees. Surface high pressure over the Great Basin resulted in gusty Santa Ana winds from the San Bernardino Santa Ana Mountains mountains, through the Inland Empire, and into Orange 1/22/06 and Foothills 62 15,000 County. Wind gusts over 60 mph toppled trees and power poles. Downed power lines caused sporadic power outages. Most of the property damage that occurred came as a direct result of falling trees. Santa Ana Mountains Santa Ana winds toppled trees, brought down power and Foothills/Orange lines, and knocked out power to thousands in many 10/21-22/2007 County Coastal 74 100,000 parts of Orange County. The strongest winds were felt Areas along the foothills of the Santa Ana mountains and near the Chino Hills area. Final I August 2019 3-50 SECTION THREE Risk Assessment Table 3-10 [continued] Major High Wind Events Magnitude Property Date Location (kts) Damage Description (dollars) This system set off intense showers and isolated thunderstorms with pea-sized hail (accumulations in Rancho Cucamonga and Mission Viejo), as well as several funnel clouds spotted east of John Wayne Airport. Most of the rain with this system was confined to Orange County, the Inland Empire and the northern mountains. Heavy rain was observed in Orange County and the Inland Empire on the 15th and 16th with locations there recording between one-quarter and one- 12/16/11 Santa Ana Mountains 56 15,000 half inch. Strong winds were also observed with this and Foothills storm, especially on the 16th, which was a more widespread wind event than early December, impacting all counties, including San Diego County, with warning- level winds. Several wind gusts of 45-65 mph were reported in the Santa Ana Mountains,the Inland Empire and San Diego County Mountains. Several trees and power poles were downed, leaving many without power. Power poles were reported down in Yorba Linda and around 240 customers were reported without power in Tustin. The highest wind gusts occurred in the San Diego 1/14/14 Santa Ana Mountains 67 2,000 County foothills and inland Orange County, including and Foothills the Santa Ana Mountains. Winds downed fiber optic lines near Santiago Canyon in Orange County. Orange County Strong northeasterly winds downed numerous trees 2/12/16 Inland 52 20,000 near Irvine, Santa Ana and Orange. Approximately 85 customers lost power in the city of Santa Ana. A strong trough and associated Pacific cold front swept into southern California from the west, bringing strong winds, heavy snow and rain. The storm was noteworthy for the strong prefrontal southerly winds that produced significant tree damage over the coast and Orange County valleys. In the mountains the ski resorts received 1-2 ft 2/17/17 Coastal 52 75,000 of snow, while elevations as low as 5,000 ft saw a few inches of accumulation. Rainfall ranged from 2-6 inches along the coastal slopes to 1-2 inches at the coast. At the beaches surf heights reached 8 to 12 ft. An isolated peak gust of 60 mph occurred at San Clemente Pier. Numerous trees were downed over the coastal areas. Orange County Report of a large tree downed by strong winds in 12/4/17 Inland 52 15,000 Orange. Tree damage, minor roof damage, and an exploding transformer were also reported in Santa Ana. Notes: kts=knots. One 1 knot is equal to 1.151 miles per hour(mph). National Oceanic and Atmospheric Administration, National Centers for Environmental Information, Storm Events Database, Event Types: High Winds,https://www.ncdc.noaa.gov/stormevents/choosedates.jsp?statefips=6,CALIFORNIA,accessed March 21,2018. Final I August 2019 3-5 1 SECTION THREE Risk Assessment 3.2.9.5 Probability of Future Occurrences High winds, including Santa Ana winds, will continue to occur annually in the County. The probability of future occurrence throughout the planning area is high. 3.2.10 LandslidelMudflow 3.2.10.1 Description (Nature) of the Hazard Landslide is a general term for a falling mass of soil or rocks. Mudflow consists of material that is wet enough to flow rapidly and contains at least 50 percent sand, silt, and clay-sized particles. The primary effects of landslides/mudflows can include: • Abrupt depression and lateral displacement of hillside surfaces over distances of up to several hundreds of feet. • Disruption of surface drainage. • Blockage of flood control channels and roadways. • Displacement or destruction of improvements such as roadways,buildings, and water wells. Landslides are a type of`mass wasting' which denotes any down slope movement of soil and rock under the direct influence of gravity. The term `landslide' encompasses events such as rock falls, topples, slides, spreads, and flows. Landslides can be initiated by rainfall, earthquakes, volcanic activity, changes in groundwater, disturbance and change of a slope by man-made construction activities, or any combination of these factors. Landslides can occur underwater, causing tidal waves and damage to coastal areas. These landslides are called submarine landslides (USGS Fact Sheet 0071-40,Version 1.0). Failure of a slope occurs when the force that is pulling the slope downward(gravity) exceeds the strength of the earth materials that compose the slope. They can move slowly, (millimeters per year) or can move quickly and disastrously, as is the case with debris-flows. Debris-flows can travel down a hillside of speeds up to 200 miles per hour(more commonly, 30—50 miles per hour), depending on the slope angle, water content, and type of earth and debris in the flow. These flows are initiated by heavy, usually sustained,periods of rainfall,but sometimes can happen because of short bursts of concentrated rainfall in susceptible areas. Burned areas charred by wildfires are particularly susceptible to debris flows, given certain soil characteristics and slope conditions. A debris or mud flow is a river of rock, earth and other materials, including vegetation that is saturated with water. This high percentage of water gives the debris flow a very rapid rate of movement down a slope. This high rate of speed makes debris flows extremely dangerous to people and property in its path. Earthquakes often trigger flows. Debris flows normally occur when a landslide moves down-slope as a semi-fluid mass scouring, or partially scouring soils from the slope along its path. Flows are typically rapid moving and also tend to increase in volume as they scour out the channel. Flows often occur during heavy rainfall, can occur on gentle slopes, and can move rapidly for large distances. Wildland fires on hills covered with chaparral are often a precursor to debris flows in burned out canyons. The extreme heat of a wildfire can create a soil condition in which the earth becomes impervious to water by creating a waxy-like layer just below the ground surface. Since the water cannot be absorbed into the soil, it rapidly accumulates on slopes, often gathering loose particles of soil into a sheet of mud and debris. Debris flows can often originate miles away from unsuspecting persons, and approach them at a high rate of speed with little warning. Final I August 2019 3-52 SECTION THREE Risk Assessment Natural processes can cause landslides or re-activate historical landslide sites. The removal or undercutting of shoreline-supporting material along bodies of water by currents and waves produces countless small slides each year. Seismic tremors can trigger landslides on slopes historically known to have landslide movement. Earthquakes can also cause additional failure(lateral spreading)that can occur on gentle slopes above steep streams and riverbanks. 3.2.10.2 History/Past Occurrences The following identifies some of the more major landslide occurrences within Orange County. There have been no disaster declarations within Orange County associated with landslides/mudflows. • 1978 Bluebird Canyon, Orange County. The cost of recovery was $52.7 million (2000 dollars) with 60 houses destroyed or damaged. Unusually heavy rains in March of 1978 may have contributed to initiation of the landslide. Although the 1978 slide area was approximately 3.5 acres, it is suspected to be a portion of a larger, ancient landslide. • 1980 Southern California Slides. The damage was estimated at $1.1 billion in 2000 dollars. Heavy winter rainfall in 1979-80 caused damage in six southern California counties. In 1980,the rainstorm started on February 8 with 5 days of continuous rain and 7 inches of precipitation. Slope failures were beginning to develop by February 15 and then very high-intensity rainfall occurred on February 16. As much as 8 inches of rain fell in a six-hour period in many locations. Records and personal observations in the field on February 16 and 17 showed that the mountains and slopes literally fell apart on those two days. • 1983 San Clemente, Orange County. The damage to California Highway 1 was estimated at $65 million in 2000 dollars. Litigation at that time involved approximately $43.7 million (2000 dollars). • 1994 Northridge, California Earthquake Landslides. As a result of the magnitude 6.7 Northridge, California, earthquake, more than 11,000 landslides occurred over an area of 10,000 km2. Most were in the Santa Susana Mountains and in mountains north of the Santa Clara River Valley. They destroyed dozens of homes, blocked roads, and damaged oil-field infrastructure. It caused deaths from Coccidioidomycosis (valley fever) the spore of which was released from the soil by the landslide activity and blown toward the coastal populated areas. • March 1995 Los Angeles and Ventura Counties, Southern California. Above normal rainfall triggered damaging debris flows, deep-seated landslides, and flooding. Several deep-seated landslides were triggered by the storms,the most notable was the La Conchita landslide, which in combination with a local debris flow, destroyed or badly damaged 11 to 12 homes in the small town of La Conchita, about 20 km west of Ventura. There also was widespread debris-flow and flood damage to homes, commercial buildings, and roads and highways in areas along the Malibu coast that had been devastated by wildfire 2 years before. • 1998 Laguna Niguel, Orange County, Landslide. During the 1997/1998 El Nino Season, heavy rainfall increased movement on the site of an ancient landslide in Laguna Niguel. The storms in December 1997 had accelerated its movement and in early 1998, a crumbling hillside forced the evacuation of 10 hilltop homes and more than 10 condominium units resting below. Ultimately four of the hilltop homes collapsed, falling down hillside into the void created by the slide area. The condominium complex has since been demolished and the site remains open space. Final August 2019 3-53 SECTION THREE Risk Assessment • 2005 Blue Bird Canyon, Laguna Beach, Orange County; Landslide. On June 1, 2005, Bluebird Canyon in Laguna Beach experienced a landslide. Exceptionally heavy rainfall during the winter period was the underlying cause of the instability in an ancient landslide. A 30-acre piece of hillside between 50 to 60 feet deep broke free and fell on the homes below; 15 homes were destroyed, and 32 others had varying levels of damage. The approximate cost of damage was about$35 million. • 2005 SCWD Landslide Impact to the Joint Regional Transmission Line. Following a year of heavy rainfall, a slope failure occurred in Laguna Niguel in an area that included a section of the Joint Regional Transmission Pipeline. The pipeline had to be shut down and a temporary pipeline was routed around the slide area while evaluations of the stability of the area were made. Ultimately, the pipeline will be rerouted around the unstable area or located back in the slope after it has stabilized. Because the problem occurred in the winter/spring period and there are other pipelines into South Orange County,no water shortages were experienced. • 2018 Cannon Clie(f, Dana Point, Orange County; Rockslide. Approximately 18 tons of rocks, including a two-ton boulder dropped from the cliff area under Cannons Restaurant and struck a public restroom across from Baby Beach at the north end of Dana Point Harbor. The rocks are part of a four-to -five-million-year-old rock formation called the Capistrano Formation. Rain induced landslides were reported in Santa Margarita in 1980, 1993, 1995 and 2005. In 1980 rains washed out an access road in Coto De Caza uncovering an 8-inch water line. The same series of storms also exposed a 21-inch trunk sewer line along the Oso Creek in Mission Viejo resulting in damages of $300,000. In 1993 bank failures caused many pipelines to break which had to be replaced, relocated, or re-protected at a cost of nearly 2.1 million dollars. A slope failure in 1995 caused pipeline failures costing nearly $30,000 and in 2005 a reservoir slope failure in Talega Valley cost $350,000. Landslides, resulting in erosion along Aliso Creek, affected the South Orange County Water Authority's Aliso Creek Effluent Transmission Main(a 36-inch pipeline carrying treated wastewater). 3.2.10.3 Location/Geographic Extent Figure 3-10 illustrates the portions of the planning area susceptible to landslides based upon topography, surface and subsurface geology, borehole data, historical ground-water levels, existing landslide features, slope gradient, rock-strength measurements, geologic structure, and probabilistic earthquake shaking estimates. These areas are primarily comprised of the southern coastal communities and the communities containing steeper topography or located adjacent to mountain areas. The extent of landslides/mudflows varies throughout the County depending upon the location and contributing conditions, such as an earthquake, heavy rain or recent fires. Earthquake-induced landslides are relatively shallow falls and slides, in which highly disrupted masses of rock and soil travel down slopes at high speed. The Northridge earthquake, in Los Angeles County, triggered more than 11,000 landslides in an area of 6,200 square miles. Most slides were shallow,brittle failures of surficial rock and soil. Deep-seated landslides are triggered by cumulative rainfall during long periods (weeks to years). Resulting landslides are relatively deep earth flows and translational or rotational earth slides and rock slides. Translational landslides are typically a few meters to tens of meters deep, and rotational slides range in depth from several meters to tens of meters. Deep-seated translational and rotational landslides, including rock slides, tend to fail a little at a time and move more slowly than debris flows, but a few do Final I August 2019 3-54 SECTION THREE Risk Assessment accelerate to rapid movement. A previous landslide within the County due to over saturated soils resulted in a 40-foot landslide below a five-million-gallon water tank. Other landslides in the county have measured approximately 3.5 acres and 25 acres. Similarly, short-duration, intense rainfall, generally greater than 0.5-inch per hour has the potential to trigger post-fire debris flows. These flows can extend several miles. Documented debris flows from burned areas in southern California and the western United States have ranged in volume from as small as 600 cubic meters to as much as about 300,000 cubic meters. This larger volume is enough material to cover a football field with mud,rocks, and debris to about 65 meters deep. 3.2.10.4 Magnitude/Severity Factors included in assessing landslide magnitude/severity include population and property distribution in the hazard area, the frequency of landslide or debris flow occurrences, slope steepness, soil characteristics, and precipitation intensity. The California Geological Survey landslide maps prepared as part of the Seismic Hazard Program (refer to Figure 3-10) indicate the extent of landslide susceptibility within the County, which includes the southernmost coastal areas and eastern areas of the County. These areas would also be more likely to experience mudflows due to the topography of the areas. Final I August 2019 3-55 SECTION THREE Risk Assessment Figure 3-10 Landslide Susceptibility San Bernardino County Los Angeles o,-pC,,- Rene -. County ruE Enmr+ rare anrecr , _,� f1 Z .;� u� t � Riverside County - ' r noce ea 1 seaEeEnc« T- \ y �., min, 9ERVCE os� Ere ��.'�� Ga �N_atF wlp� Water Districts Infrastructure 0 Reservoirs i MET Diemer Filtration Plant Water Treatment Plant Wastewater Treatment Plant Potable Local MET/Joint Agency Pipe Lines San Diego County —Local Sewer Lines Regional Sewer Lines Outfall Lines Landslide s \ —• Force Mains Hazard w+e Water Agency Boundary Landslide Hazard 0 zs 5 10 1 MN es ORANGE COUNTY POTABLE AND WASTEWATER INFRASTRUCTURE Final I August 2019 3-56 SECTION THREE Risk Assessment 3.2.10.1 Probability of Future Occurrences A study conducted by Nature Geoscience in 2015 indicated that the projected upsurge of El Nino and La Nina events will increase the likelihood that coastal communities will experience erosion and flooding. This is separate from sea level rise, which has also been identified as a cause of future hazard vulnerabilities. In addition to erosion and flooding, the onset of El Nino and La Nina events will also increase the magnitude and severity of mudflow events. The more recent wildfires also contribute to the probability of mudflows in the event of more intense rainfall over a short duration. Earthquakes of magnitude 4.0 and greater have been known to trigger landslides. The potential for an earthquake to induce a landslide is highly dependent upon the location of the earthquake and magnitude in relation to a landslide area. Based on previous landslide and mudflow incidents, along with studies predicting future occurrences, it is reasonable to state that these hazards will continue to impact the jurisdictions identified within the landslide susceptibility areas of the County. According to the Planning Team ranking, landslides and mudflows are somewhat likely—having between a 1% and 10%probability in next year or a recurrence interval of 11 to 100 years. 3.2.11 Tsunami 3.2.11.1 Description (Nature) of the Hazard The phenomenon we call "tsunami" is a series of traveling ocean waves of extremely long length generated primarily by earthquakes occurring below or near the ocean floor. In the deep ocean, the tsunami waves move across the deep ocean with a speed exceeding 500 miles per hour, and a wave height of only a few inches. Tsunami waves are distinguished from ordinary ocean waves by their great length between wave crests, often exceeding 60 miles or more in the deep ocean, and by the time between these crests,ranging from 10 minutes to an hour. As they reach the shallow waters of the coast, the waves slow down, and the water can pile up into a wall of destruction up to 30 feet or more in height. The effect can be amplified where a bay, underwater features, or harbor or lagoon funnels the wave as it moves inland. Large tsunamis have been known to rise over 100 feet. Even tsunamis one to three feet high can be very destructive and cause many deaths and injuries. There are many causes of tsunamis, but the most prevalent is earthquakes. In addition, landslides, volcanic eruptions, explosions, and even the impact of meteorites can generate tsunamis. Not all earthquakes generate tsunamis. To generate a tsunami, the fault where the earthquake occurs must be underneath or near the ocean and cause vertical movement of the sea floor over a large area, hundreds or thousands of square miles. By far the most destructive tsunamis are generated from large, shallow earthquakes with an epicenter or fault line near or on the ocean floor. The amount of vertical and horizontal motion of the sea floor,the area over which it occurs,the simultaneous occurrence of slumping of underwater sediments due to the shaking, and the efficiency with which energy is transferred from the earth's crust to the ocean water are all part of the tsunami generation mechanism. The sudden vertical displacements over such large areas disturb the ocean's surface, displace water, and generate destructive tsunami waves. Although all oceanic regions of the world can experience tsunamis, the most destructive and repeated occurrences of tsunamis are in the Pacific Rim region. Tsunami waves can travel at the speed of a commercial jet plane, over 500 miles per hour, moving from one side of the Pacific Ocean to the other in less than a day. This great speed makes it important to be aware of the tsunami as soon as it is generated. Scientists can predict when a tsunami will arrive at Final I August 2019 3-5 SECTION THREE Risk Assessment various locations by knowing the source characteristics of the earthquake that generated the tsunami and the characteristics of the sea floor along the path to the shore from the point of origin. Offshore and coastal features can determine the size and impact of tsunami waves. Reefs,bays, entrances to rivers, undersea features and the slope of the beach all modify the tsunami as it converges on the coastline. People living near areas where large earthquakes occur may find that the tsunami waves can reach their shores within minutes of the earthquake. For these reasons, the tsunami threat to many areas such as Alaska, the Philippines, Japan and the United States West Coast can be immediate (for tsunamis from nearby earthquakes which take only a few minutes to reach coastal areas) or less urgent (for tsunamis from distant earthquakes which take from three to 22 hours to reach coastal areas). When a tsunami reaches the coastline and moves inland, the water level can rise several feet, flooding homes, businesses and infrastructure from several thousand feet to miles inland, depending on the topography. Scientists cannot accurately predict when earthquakes will occur, and as a result they cannot determine exactly when a tsunami will be generated or how destructive it will be. However, past tsunami height measurements are useful in predicting future tsunami impact and flooding limits at specific coastal locations and communities. U 11.2 History/Past Occurrences Tsunamis can be categorized as Pacific-wide or "local." Typically, a Pacific-wide tsunami is generated by a major vertical shift in the ocean floor creating a wave that includes the entire column of water that has the potential to travel long distances. A "local" tsunami can be a component of a Pacific-wide tsunami in the immediate area of the earthquake, or a wave that is confined to the area of generation; such as a landslide within a bay or harbor. Worldwide, tsunamis have resulted in loss of thousands of lives, billions of dollars in damages, and the closure of many local economies. All of the coastal areas in Orange County are susceptible to tsunamis, although most tsunamis have occurred in Northern California. The Channel Islands were impacted by a tsunami in the early 1800s. In the 1930s, four tsunamis struck the Los Angeles, Orange County, and San Diego coastal areas. In Orange County the tsunami wave reached heights of approximately 20 feet above sea level. In 1964, following the Alaska 8.2 earthquake, tidal surges of approximately 4 feet to 5 feet battered Huntington Harbor causing moderate damages. According to the OCSD Emergency Management Division, two events generated response by their office:22 • April 1, 2014. An 8.2 earthquake off the coast of Chile had the potential to generate a tsunami that could impact the Orange County coastline. The event was monitored, but no watch, advisory, or warning was issued for the County. • September 16, 2015. An 8.3 earthquake off the coast of Chile triggered a Tsunami Advisory for the Orange County coastline. The Orange County EOC was activated and beaches were closed as a precaution; no evacuation orders were issued, and no damages occurred. The National Oceanic and Atmospheric Administration reports one tsunami event in Orange County:23 22 Ethan Miller Brown,OCSD Emergency Management Division,email correspondence,September 5,2017. Final I August 2019 3-58 SECTION THREE Risk Assessment • September 16-17, 2015. As described above, an 8.3 magnitude earthquake off the coast of Chile led the National Tsunami Warning Center to issue a tsunami advisory for a portion of California, including Orange County. All beaches, harbors, piers, and marinas in the Cities of Seal Beach, Huntington Beach, Newport Beach, Laguna Beach, Dana Point and San Clemente, including County and State beaches were closed. Tsunami wave heights were observed to be just under one foot along the Orange County coast. The Orange County EOC reported no significant coastal flooding, but to be aware of the high likelihood of strong currents and waves dangerous to persons in or near the water. 3.2.11.3 Location/Geographic Extent Figure 3-11 illustrates the portions of the planning area within a tsunami hazard zone. Tsunami inundation maps are provided by the California Geological Survey and represent a combination of the maximum considered tsunamis for each area. As illustrated on Fi�ztire 3-11, tsunami inundation areas are contained to the coastal areas of the planning area, extending into areas of Seal Beach, Huntington Beach,Newport Beach, Laguna Beach, Dana Point, and San Clemente. 3.2.11.4 Magnitude/Severity The magnitude/severity of a tsunami would be dependent upon the severity and location of the event causing the tsunami. The California Geological Survey tsunami inundation maps (refer to Figure 3-11) identify the maximum extent of the tsunami inundation area within the County, which is primarily contained to the coastline. However, the inundation areas extend into several coastal communities with the largest potential inundation areas occurring within the cities of Seal Beach, Huntington Beach, Newport Beach, and Dana Point. 3.2.11.5 Probability of Future Occurrences The historic record indicates that there is a low probability of occurrence of a major tsunami in Orange County. However, there is the potential for future tsunami events to impact water and wastewater infrastructure located within a tsunami inundation area. This probability is similar for each of the jurisdictions located within these areas. 13 National Oceanic and Atmospheric Administration,National Centers for Environmental Information,Storm Events Database, Event Types: Tsunami,https://www.ncdc.noaa.gov/stormevents/choosedates.jsp?statefips=6,CALIFORNIA, accessed March 21,2018. Final I August 2019 3-59 SECTION THREE Risk Assessment Figure 3-11 Tsunami Hazard Zones San Bernardino County Orange Conn Res, - xorvJeE�14' r Los Angeles County orvMuay._ _._ Riverside County b rz ��'� oannrE �p 9 JY'-�•�_''i y cpn ff N a II . � ' � •,l sear aeaew aN �-LT co s—r1 Pl it C� V'Ne x n srinet qcY- - ra a M A rvi p Era / �A=(p any—Raae—;. f s.. � ( V Water Districts Infrastructure 1 0 Reservoirs Rasc `I � MET Diemer Filtration Plant Water Treatment Plant t s a p s Re a Wastewater Treatment Plant WteR°sr^° Potable Local MET/Joint Agency Pipe Lines Sc 1,9,1 orr San Diego County -Local Sewer Lines Regional Sewer Lines —Outfall Lines Tsunami Hazard N ---Force Mains Zones w+E Agency Boundary 8 WaterA g y ry - Tsunami Hazard o as s ,o \ I I Was ORANGE COUNTY POTABLE AND WASTEWATER INFRASTRUCTURE Final I August 2019 3-60 SECTION THREE Risk Assessment 3.2.12 Wildland/Urban Fire 3.2.12.1 Description (Nature) of the Hazard A variety of fire protection challenges exist within Orange County, including structure fires, urban fires, wildland fires, and fires at the wildland/urban interface. This hazard analysis focuses on wildland fires, but also addresses issues specifically related to the wildland/urban interface. There are three categories of interface fires: the classic wildland/urban interface exists where well-defined urban and suburban development presses up against open expanses of wildland areas, the mixed wildland/urban interface is characterized by isolated homes, subdivisions and small communities situated predominantly in wildland settings, and the occluded wildland/urban interface existing where islands of wildland vegetation occur inside a largely urbanized area. Certain conditions must be present for significant interface fires to occur. The most common conditions include: hot, dry and windy weather, the inability of fire protection forces to contain or suppress the fire, the occurrence of multiple fires that overwhelm committed resources, and a large fuel load (dense vegetation). The three primary factors that lead to severe wildfires in Orange County are drought, insect infestation causing tree decimation (bark beetles), and wildfire suppression. Once a fire has started, several conditions influence its behavior, including fuel topography, weather, drought, and development. A key challenge Orange County faces regarding the wildfire hazard is the increasing number of houses being built in the wildland/urban interface. Every year the growing population has expanded further and further into the hills and mountains, including forest lands. The increased "interface" between urban/suburban areas and open space areas has produced a significant increase in threats to life and property from fires and has pushed existing fire protection systems beyond original or current design and capability. 3.2.12.2 History/Past Occurrences Although no federally-declared wildfire disasters have occurred in Orange County, significant wildfires have impacted the County and surrounding areas. Since 1950, the National Oceanic and Atmospheric Administration reports 28 wildfire events occurring with Orange County. Table 3-11, Major Wildfires, identifies significant fires that have occurred since 1950. Final I August 2019 3-61 SECTION THREE Risk Assessment Table 3-11 Major Wildfires Date Location Description Hot temperatures and dry conditions allowed a brush fire to quickly race up hill and 8/22/2000 San Clemente ignite the underside of two roofs. Fifteen families were evacuated as more than 40 firefighters worked for several hours to control the blaze. 9/11/2000 San Clemente A wild fire was fanned by east winds and burned 500 acres before being contained. 8/7/2001 Laguna Beach A wild fire in a steep canyon near the main toll plaza on the San Joaquin Hills Toll Road(Highway 73). 9/9/2001 El Toro A brush fire burned 30 acres before it was brought under control. 1/23/2002 Trabuco Santa Ana winds gusted between 60 to 70 mph for several days across Southwest California. Extremely dry conditions, above normal temperatures, and gusty winds, helped a brush fire, started by an arsonist, to quickly consume 1100 acres before being 5/13/2002 Mission Viejo controlled. Two trucks and one structure were destroyed. Many residential homes suffered smoke damage and residents were evacuated. Traffic was halted on Highway 241. No injuries occurred. Santa Ana Winds and Red Flag conditions resulted in the rapid spread of a wildfire 2/6-12/2006 in the Santa Ana mountains. Named the Sierra Fire, this fire burned 10,854 acres from Sierra Peak to the 241 Toll Road. While evacuations were ordered, no structures were burned. Eight minor injuries were reported. The Windy Ridge Fire was intentionally set during the early stages of a red flag event at the mouth of Fremont Canyon. Humidity values less than 10% and wind gusts in excess of 40 mph caused the fire to spread quite rapidly across the rain Santa Ana Mountains starved hillsides. At the time of the fire, the Santa Ana Fire Station had only 3/11-14/2007 measured 1.81 inches of rain on the season, nearly 9 inches below the average and Foothills rainfall for that date. Mandatory evacuations were posted for 1200 homes in Anaheim Hills and Orange as the wind-driven fire spread westward. The fire burned 2036 acres, damaged one home, and destroyed two out-structures before it was extinguished. Santa Ana Mountains The Santiago Fire was intentionally set and burned 28,400 acres in Modjeska and 10/21/2007 Santiago Canyons. The fire destroyed 15 homes and 9 outbuildings. An additional and Foothills 20 structures were damaged. Sixteen firefighters were inured during the blaze. Final I August 2019 3-62 SECTION THREE Risk Assessment Table 3-11 [continued] Major Wildfires Date Location Description The Long Canyon fire started in the Cleveland National Forest in eastern Orange County, west of the Ortega Highway near the Riverside County line. Some 9/23/2010 Santa Ana Mountains structures were threatened, but the fire generally burned away from the populated and Foothills areas, 40 acres total. Three firefighters and one police officer suffered non-life- threatening heat-related and smoke inhalation injuries. One of the Cleveland National Forest's fire engines was destroyed by fire,cause unknown,no injuries. The Falls Fire started off Ortega Highway near Decker Canyon, in Riverside. Due to the fire burning on the Trabuco Ranger District, the San Mateo Wilderness, El Cariso Campground, Blue Jay Campground, the Firefighter Memorial Picnic Area Santa Ana Mountains and Wildomar OHV area were closed. Road closures included Ortega Hwy 74 from 8/5/2013 and Foothills Lake Elsinore west to San Antonio Parkway. Evacuations were ordered for Lakeland Village, Rancho Capistrano and Decker Canyon residents. Evacuation perimeter was between Grand/Ortega and Grand/Corydon. No structures were threatened and no injuries. Minor guardrail damage occurred because of a rock fall along Ortega Highway. The fire burned 1416 acres before being fully contained. The Silverado Fire began along Silverado Canyon Road in the Cleveland National Forest of the Santa Ana Mountains. The fire burned at a critical rate of spread, threatening power lines and forcing evacuations and road closures. Mandatory Evacuations were ordered from 30331 Silverado Canyon east to the end of the road 9/12-13/2014 Santa Ana Mountains (fire gate) and included 50 residences affecting approximately 220 people. The and Foothills American Red Cross opened an evacuation center at 1530 at El Modena High School at 3920 East Spring Street. The 12kV line servicing Silverado residents was down. One pole and the downed lines required replacement. There were 71 customers without power in Silverado Canyon. After burning a total of 1600 acres, the Silverado Fire was completely contained. The Canyon fire began near Highway 91 in Orange County. The fire spread rapidly due to dry fuel conditions and very low humidity, and firefighting efforts were Santa Ana Mountains hindered by a transition from light Santa Ana Winds to onshore flow. This initially 9/25/2017 pushed the fire into the foothills before sending it back eastward toward Corona. and Foothills The fire was estimated at 1700+ acres and was threatening residences. Winds calmed over the ensuing days and the fire was quickly contained at 2662 acres. The cause of the wildfire was determined to be a roadside flare. The Canyon 2 fire began near the 91 Freeway and Gypsum Canyon Road in Anaheim Hills. The fire spread rapidly threatening numerous structures. In the first 1019/2017 Orange County Inland 24 hours the fire consumed more than 7,000 acres. In total, 25 structures were destroyed, 55 were damaged and 9,217 acres burned. Four injuries were also reported. The cause of the fire was reported to be embers from the Canyon Fire which began September 25 and was contained October 4,2017. National Oceanic and Atmospheric Administration, National Centers for Environmental Information, Storm Events Database, Event Types: Wildfire,htt s://www.ncdc.noaa. ov/stormevents/choosedates.s ?statefi s=6,CALIFORNIA,accessed March 21,2018. Final I August 2019 3-63 SECTION THREE Risk Assessment At 9:01 am on November 15, 2008 the Corona Fire Department responded to calls reporting a brush-fire in Riverside County. Upon arrival it became apparent to first responders the fire would be significant and of a highly destructive nature. At the time of the alarm a Red-Flag Warning had been in effect due to low-humidity levels, high temperatures, and strong Santa Ana winds. These conditions along with the terrain of the areas burned facilitated the rapid growth and spread of the fire and significantly affected first responder's efforts of containment and in the protection of property and lives. Initial calls reported the fires location as west of the Green River exit off the 91 Freeway in Riverside County. From there the fire quickly advanced in a Northwesterly direction towards Orange County where the fire split into two separate branches shortly after crossing over the county line;the first branch of the fire followed the Santa Ana river basin southwest into Anaheim hills, and the second continued northwest into Yorba Linda. Both branches of the fire became of concern to the water utilities of Orange County as the fire threatened infrastructure or moved into the service areas of Anaheim, Brea, the Yorba Linda Water District, and MET's Diemer Filtration Plant facility. Eventually, the fire burned through approximately 30,305 acres and damaged or destroyed over 300 structures in Riverside, San Bernardino, Los Angeles, and Orange Counties. A brush fire erupted along State Route 241 near Santiago Canyon Road in Irvine on the morning of July 13, 2015. Campgrounds near Irvine Lake were evacuated, and three abandoned structures caught fire. The blaze encompassed a total of approximately 214 acres. Around one year later, a fire occurred in the Laguna Coast Wilderness Park near Bommer Ridge Trail on June 26, 2017. The fire burned approximately 47 acres and was reported as contained on June 27, 2017. On August 31, 2016, the Holy Fire started in the early morning just east of Trabuco Canyon in the Cleveland National Forest. The blaze did not threaten any homes; however, it was in an area around Holy Jim Canyon that was difficult for firefighters to reach. The fire burned through approximately 150 acres. 3.2.12.3 Location/Geographic Extent Cal Fire prepares fire hazard severity maps including mapping areas of significant fire hazards based on fuels,terrain, weather, and other relevant factors. These zones,referred to as Fire Hazard Severity Zones (FHSZ), define the application of various mitigation strategies and influence how people construct buildings and protect property to reduce risk associated with wildland fires. According to Figure 3-12, the southern and eastern portions of the County are located within High and Very High Fire Severity Zones. 3.2.12.4 Magnitude/Severity California experiences large, destructive wildland fires almost every year and Orange County is no exception. Wildland fires have occurred within the County, particularly in the fall, ranging from small, localized fires to disastrous fires covering thousands of acres. The most severe fire protection problem is wildland fire during Santa Ana wind conditions. These conditions have been further exacerbated by more recent drought conditions. Drought causes fuels (both live and dead vegetation) to dry out and become more flammable increasing the probability of ignition along with the rate of fire spread. If drought continues for an extended period,the number of days with elevated probability of ignition and fire spread increases, raising the risk of widespread burning. The combination of drought conditions, need to maintain water fire flow and the potential for power failure due to Santa Ana wind conditions can impact the magnitude and severity of fires within the planning area. Final I August 2019 3-64 SECTION THREE Risk Assessment Figure 3-12 Fire Hazard Severity Zones San Bernardino County Los Angeles Orange Co Re County BR r�„Ex,� � p sEwE�En 9?urm�am � aenu uI J - Riverside County wxK trILT EAST ° aoaN6eT IIIA. - —� —I.T.1L-- 'i ° a NESa eaxiTa°V OIeTRI[l i. Alw `® � R�nvao- r Water Districts Infrastructure 0 Reservoirs 0 MET Diemer Filtration Plant s 11 Water Treatment Plant it Wastewater Treatment Plant w° Potable Local �S MET/Joint Agency Pipe Lines Fire Hazard San Diego County -Local Sewer Lines Severity Zones q Regional Sewer Lines -Outfall Lines Moderate N \ --Force Mains High w+E s O Water Agency Boundary Very High o a.s 5 10 MNes ORANGE COUNTY POTABLE AND WASTEWATER INFRASTRUCTURE Final I August 2019 3-65 SECTION THREE Risk Assessment The magnitude/severity of a wildfire would be dependent upon the location and conditions (e.g., Santa Ana winds) in place at the time. The Fire Hazard Severity Zone maps prepared by Cal Fire (refer to Figure 3-12) identify the extent and severity of the fire hazard zones within the County. Although a fire could start and/or extend beyond these areas, they identify the areas of severity so that measures can be identified to mitigate the rate of spread and reduce the potential intensity of uncontrolled fires that threaten to destroy resources, life, or property. 3.2.12.5 Probability of Future Occurrences Wildfires are a regular feature of many of California's ecosystems, and will continue to be in the future. Since the northern, eastern, and southern portion of the County are considered wildland/urban interface areas, the County has a higher probability of wildfire risks in those communities and surrounding areas. The specific chance of wildfire in the County's wildland/urban interface is not known, but the general vulnerability of the area to fires means that there is a reasonable possibility such an event will occur. According to the Planning Team and based on conditions experienced within the last several years, the probability of the County experiencing wildfires is highly likely—near 100%probability in the next year or happens every year. 3.2.13 Human-Caused Hazards 3.2.13.1 Description (Nature) of the Hazard Human-caused hazards are distinct from natural hazards in that they result directly from the actions of people. Two types of human-caused hazards include: non-malicious and malicious. Non-malicious hazards refer to incidents that can arise from human activities such as the manufacturing, storage, transport, and use of hazardous materials, which include toxic chemicals, radioactive materials, and infectious substances. Non-malicious hazards are assumed to be accidental and their consequences unintended. Malicious, on the other hand, encompasses intentional and criminal acts involving weapons of mass destruction (WMD) or conventional weapons. WMD can involve the deployment of biological, chemical, nuclear, and radiological weapons with the result of affecting a significant percentage of the population either directly or indirectly. Conventional weapons and techniques include the use of arson, incendiary explosives, armed attacks, intentional hazardous materials release, and cyber-terrorism(attack via computer). Typically, conventional weapons have a very specific target and are limited in scope and affect. Hazardous materials can include toxic chemicals, radioactive materials, infectious substances, and hazardous wastes. The State of California defines a hazardous material as a substance that is toxic, ignitable or flammable, or reactive and/or corrosive. An extremely hazardous material is defined as a substance that shows high acute or chronic toxicity, carcinogenicity, bio-accumulative properties, persistence in the environment, or is water reactive (California Code of Regulations, Title 22). "Hazardous waste," a subset of hazardous materials, is material that is to be abandoned, discarded, or recycled, and includes chemical, radioactive, and bio-hazardous waste (including medical waste). An accidental hazardous material release can occur wherever hazardous materials are manufactured, stored, transported, or used. Such releases can affect nearby populations and contaminate critical or sensitive environmental areas. With respect to water or wastewater systems, concerns arise regarding exposure to these materials via contact or ingestion of drinking water and or discharge of contaminated water into the ocean where exposure to the marine environment and public would be of concern. Final I August 2019 3-66 SECTION THREE Risk Assessment NON-MALICIOUS HAZARDS Non-malicious hazards can occur because of human carelessness, technological failure, and natural hazards. When caused by natural hazards, these incidents are known as secondary hazards, whereas intentional acts are terrorism. Hazardous materials releases, depending on the substance involved and type of release, can directly cause injuries and death and contaminate air, water, and soils. While the probability of a major release at any facility or at any point along a known transportation corridor is relatively low,the consequences of releases of these materials can be very serious. The most common sources of contamination to water supply systems are naturally occurring chemicals and minerals (i.e., arsenic, radon, and uranium), local land use practices (i.e., fertilizers and pesticides), manufacturing processes, sewer overflows, and malfunctioning wastewater treatment systems(i.e.,nearby septic systems). Although these contaminants present an environmental and human health risk concern, the EPA holds regulations in place to ensure water supply systems do not contain elevated levels of contaminants. Some hazardous materials also present a radiation risk. Radiation is any form of energy propagated as rays, waves or energetic particles that travel through the air or a material medium. Radioactive materials (e.g.,uranium,plutonium,radium, and thorium)are composed of unstable atoms. An unstable atom gives off its excess energy until it becomes stable. The energy emitted is radiation. The process by which an atom changes from an unstable state to a more stable state by emitting radiation is called radioactive decay or radioactivity. Radiological materials have many uses including: • Use by doctors to detect and treat serious diseases, • Use by educational institutions and companies for research, • Use by the military to power large ships and submarines, and • Use as a critical base material to help produce the commercial electrical power that is generated by a nuclear power plant. Radioactive materials, if handled improperly, or radiation accidentally released into the environment, can be dangerous because of the harmful effects of certain types of radiation on the human body and the human environment. The longer a person is exposed to radiation and the closer the person is to the radiation source, the greater the risk. Although radiation cannot be detected by the senses, scientists can easily detect it with sophisticated instruments that can detect even the smallest levels of radiation. Under extreme circumstances, an accident or intentional explosion involving radiological materials can cause very serious problems. Consequences may include death, severe health risks to the public, damage to the environment, and extraordinary loss of,or damage to,property. TERRORISM Following several serious international and domestic terrorist incidents since the early 2000s, citizens across the United States have paid increased attention to the potential for deliberate, harmful terrorist actions by individuals or groups with political, social, cultural, and religious motives. There is no single, universally accepted definition of terrorism, and it can be interpreted in a variety of ways. However, terrorism is defined in the Code of Federal Regulations as "...the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives" (28 CFR, Section 0.85). The Federal Bureau of Final I August 2019 3-67 SECTION THREE Risk Assessment Investigation further characterizes terrorism as either domestic or international, depending on the origin, base, and objectives of the terrorist organization. However, the origin of the terrorist or person causing the hazard is far less relevant to mitigation planning than the hazard itself and its consequences. Terrorists can utilize a wide variety of agents and delivery systems. Water supplies and infrastructure, such as dams, in Orange County are considered as potential terrorist targets. The weapon most likely used could include explosives with the goal of collapsing the dam. Such an event would result in a dam failure and an inundation event with little or no warning. The potential of using other types of weapons such as chemical or biological are considered low due to the large amount of material that would be required to contaminate the water system. This scenario would only apply to those dams where the reservoirs are used for drinking water. Another very significant concern is cyber terrorism. All of Orange County's water utilities utilize Supervisory Control and Data Acquisition systems (SCADA), which operate over telecommunication lines and/or radio systems. These systems are vulnerable to hacking and leave utilities open to malicious acts. 3.2.13.2 History/Past Occurrences HAZARDOUS MATERIAL RELEASES Numerous facilities in Orange County generate hazardous wastes in addition to storing and using large numbers of hazardous materials. Although the scale is usually small, emergencies involving the release of these substances can occur daily at both fixed sites and on the County's streets and roadways. Facilities that use, manufacture, or store hazardous materials in California must comply with several state and federal regulations. The Superfund Amendments and Reauthorization Act (SARA Title III), which was enacted in 1986 as a legislative response to airborne releases of methyl isocyanides at Union Carbide plants in Bhopal, India and in Institute, West Virginia. SARA Title III, also known as the Emergency Planning and Community-Right-To-Know Act (EPCRA), directs businesses that handle, store or manufacture hazardous materials in specified amounts to develop emergency response plans and report releases of toxic chemicals. Additionally, Section 312 of Title III requires businesses to submit an annual inventory report of hazardous materials to a state-administering utility. The California legislature passed Assembly Bill 2185 in 1987, incorporating the provisions of SARA Title III into a state program. The community right-to-know requirements keep communities abreast of the presence and release of hazardous wastes at individual facilities. Additional information about the chemicals handled by manufacturing or processing facilities is contained in the U.S. EPA's Toxic Release Inventory(TRI) database. The TRI is a publicly available EPA database that contains information on toxic chemical emissions and waste management activities reported by certain industry groups as well as federal facilities. This inventory was established under EPCRA and expanded by the Pollution Prevention Act of 1990. Facilities that exceed threshold emissions levels must report TRI information to the U.S. EPA,the federal enforcement agency for SARA Title 111. Over the past several decades industrial activities have contaminated Orange County's North Basin, which provides much of the water used in 22 Orange County cities, including parts of Fullerton, Anaheim, and Placentia. Over five square miles of contaminants, mostly volatile organic compounds (VOCs), have migrated through the soils and are now leaching into the underlying groundwater. These VOCs have impacted nearby water supply wells causing four of them to be taken out of service. The Orange County Water District (OCWD), under EPA oversight, is currently conducting an interim remedial investigation and feasibility study to determine the extent of groundwater contamination. Final I August 2019 3-68 SECTION THREE Risk Assessment Chemical air emissions, surface water discharges, underground injections, and releases to land are considered chemical releases. The release of a biological agent capable of causing illness in people is considered an infectious release. The only known release of radiological agents into the air in the County was the result of an accident at San Onofre Nuclear Generating Station(SONGS). In 1981, an accidental "ignition"of hydrogen gases in a holding tank of the SONGS caused an explosion which bent the bolts of an inspection hatch on the tank, allowing radioactive gases in the tank to escape into a radioactive waste room. From there, the radioactive material was released into the atmosphere. The plant was shut down for several weeks following the event (W.I.S.E. Vol.3 No.4 p.18). This incident occurred during the plant's operation of its Unit 1 generator, which has since been decommissioned. No serious injuries occurred. On February 3, 2001, another accident occurred at SONGS when a circuit breaker fault caused a fire that resulted in a loss of offsite power. Published reports suggest that rolling blackouts during the same week in California were partially due to the shutdown of the SONGS reactors in response to the 3-hour fire. Although no radiation was released, and no nuclear safety issues were involved, the federal Nuclear Regulatory Commission sent a Special Inspection Team to the plant site to investigate the accident. In June 2013, SONGS permanently closed after faulty replacement steam generators were installed at the nuclear facility. SONGS is currently undergoing the process to decontaminate and dismantle the nuclear facility. As of August 2017, a court settlement requires the operators of SONGS, Southern California Edison (SCE), to relocate the 3.55 million pounds of nuclear waste to another facility. Among the possible sites is the Palo Verde Nuclear Generating Station in Arizona, located approximately 330 miles away. Transportation of nuclear waste poses an environmental and human health risk concern if radiation is released into the environment. TERRORISM While Orange County has not experienced any high-profile attacks by groups or individuals associated with international terrorist organizations, Orange County has several groups for advisory notification, investigation, and analysis of terrorist events and activities. These groups include: • Orange County Joint Terrorism Task Force (OCJTTF): The OCJTFF was formed by the Orange County Sheriff's Department teamed with the FBI and other local police agencies. The OCJTTF is one of sixty-six JTTF's across the United States and the 3' largest in the nation. Team members are tasked with collecting, analyzing, and sharing critical information and intelligence involving matters related to any terrorism investigation occurring in or affecting the Orange County area. • Orange County Private Sector Terrorism Response Group (PSTRGj: The PSTRG was formed in December 2001 to create a private sector partnership with the Terrorism Early Warning Group to effectively address private sector safety, incident management, employee education and public health consequences of potential attacks on the critical infrastructure within Orange County. Two large groups involved with PSTRG are the Orange County Business Council, of which 80% of the major businesses in Orange County are members, and TechNet, a consortium of 28 high-tech firms. The objectives of the PSTRG include physical resource sharing, information exchange, virtual reach-back capabilities, and subject/industry matter experts cross-utilization. The PSTRG is an instrument which allows the Sheriffs Department to maximize all resources and prepare community members for the potential of terrorism and recovery in its aftermath. Final August 2019 3-69 SECTION THREE Risk Assessment • Orange County Intelligence Assessment Center (OCIAC : The OCIAC was built on the foundation established by the Orange County Sheriff Department's Terrorism Early Warning Group (TEWG) from 2001 to 2007 and is an Operational Area asset governed by the Orange County Chiefs and Sheriff's Association (OCCSA). The OCIAC is a proactive multi-agency, multi-discipline collaborative which provides comprehensive analysis, intelligence, timely information sharing, and infrastructure protection. Within the OCIAC, the Critical Infrastructure Protection Unit uses a multi-disciplinary team comprised of law enforcement, fire, medical, and private sector experts to conduct vulnerability assessments,provide relevant security updates, and training resources to our public and private sector partners in a combined effort to protect our county's assets against terrorist attack,criminal activity, and natural disasters. • Law Enforcement Mutual Aid: Orange County law enforcement has long recognized the need for standardization and uniformity of organization and response on the part of public safety providers involved in major multi-discipline and multi jurisdictional incidents. The collaborative efforts of Orange County law enforcement leaders over the past 53 years have forged a collective voice in mutual assistance and mutual aid. All major components tasked with public safety (law, fire, health, emergency management) are actively involved in developing emergency plans and insuring emergency preparedness. 3.2.13.3 Location/Geographic Extent Human-caused hazards may affect a specific location or multiple locations, each of which may be a disaster scene, a hazardous scene, and/or a crime scene simultaneously. An accidental hazardous materials release can occur wherever hazardous materials are manufactured, stored, transported, or used. In Orange County, a hazardous material event is most likely to occur within the County's industrial areas. One of the special considerations in dealing with the terrorist threat is that it is difficult to predict. The Department of Homeland Security's National Planning Scenario identifies the possible terrorist strike locations it views as most plausible; places at risk include cities that have economic and symbolic value, places with hazardous facilities, and areas where large groups of people congregate, such as an office building, sports arena, or amusement park. As such, Anaheim (Disneyland, Angels Stadium, Honda Center),Buena Park(Knott's Berry Farm), and San Clemente(SONGS)are viewed as potential targets. 3.2.13.4 Magnitude/Severity Human-caused hazards have the potential to directly impact water and wastewater systems. A hazardous material spill could be localized and depending upon when the spill is identified and addressed, may be contained with limited to no impact on water supplies and systems. However, there is the potential for a hazardous material spill to severely impact water supplies due to groundwater intrusion and direct contamination of a water source. The magnitude and severity of the hazard would be highly dependent upon the type of hazardous material spill, location, and the extent to which the hazardous material extends into the water system. Similarly, an act of terrorism could cause a significant impact to water and wastewater systems depending upon the type of event and whether it occurs at a primary source or is focused to a specific area or system. Human-caused hazards can have a direct impact on water supplies and the ability to provide water services to communities, potentially resulting in significant health and safety issues. Final I August 2019 3-/0 SECTION THREE Risk Assessment 3.2.13.5 Probability of Future Occurrences According to the Governor's Office of Emergency Services, hazardous materials have been released approximately 250 times to the environment between the years of 2006 and 2017 in Orange County. Thus,the probability of future contamination to the environment is likely. However,human consumption of contaminated groundwater is unlikely due to the constant monitoring of over 700 wells across Orange County.24 Because of the dynamic nature of the terrorist threat and the open nature of California society, all jurisdictions within California are vulnerable to terrorist attack. One must know the minds and capabilities of various terrorists and terrorist groups; these are characteristics terrorist organizations strive to conceal. Because all terrorists are not the same, the calculation is even more difficult. From the perspective of hazard mitigation, the most often used weapon of terrorists is bombs and the greatest potential for loss is from WMDs. 3.2.14 Power Outage 3.2.14.1 Description (Nature) of the Hazard A power outage typically occurs during a natural hazard such as extreme weather conditions, earthquakes, flood, fire or severe winds. An outage can result in damaged power equipment or equipment failures and can affect multiple counties for hours. This type of event can range from a moderate event to a catastrophic regional event that may threaten human life, safety, and health, or interferences with vital services. An outage may occur as a secondary effect of another hazard,or as the result of construction, an accident, or terrorism. Severe winds and flood can bring down trees and tree limbs onto power lines. And these types of events can cause serious safety hazards to the public and emergency responders. 3.2.14.2 History/Past Occurrences Orange County has experienced many power outages in the past. There have been small to moderate incidents, and several extreme incidents that have lasted hours in certain areas. Power outages are most commonly seen in Southern California when Santa Ana wind conditions occur. One of the most severe events,referred to as the 2011 Southwest Blackout,took place in September 2011. This event affected southern Orange County, San Diego-Tijuana area, Imperial Valley, Mexicali Valley, Coachella Valley, and parts of Arizona. The incident is known to have been an 11-minute system disturbance which led to cascading outages and 2.7 million customers left without power, some for up to 12 hours. The hardest hit areas of San Diego-Tijuana, experienced street gridlock due to loss of traffic signals, school and businesses closing, flights and public transportation delays, and water and sewage pumping station power loss. In 2013, a blackout resulted in approximately 123,000 homes and businesses losing power for several hours. Faulty circuits affected people in a number of Orange County communities including Mission Viejo,Laguna Niguel, Ladera Ranch, Coto De Caza, Ortega, San Clemente,Talega, San Juan Capistrano, Dana Point, and Capistrano Beach. 24 Orange County Water District Groundwater Management Plan,2015 Update,June 17,2015. Final I August 2019 3-/1 SECTION THREE Risk Assessment 3.2.14.3 Location/Geographic Extent A power outage can cause impacts at the local level and potentially the regional level. As seen from previous occurrences, a severe outage can easily impact several counties at a time. All jurisdictions within the planning area have the potential to be impacted should an event occur; either directly or indirectly. Highly developed communities may see more outage occurrences if a heat wave should occur, due to the number of cooling systems running at once. Water and wastewater facilities with backup generators or alternate power sources are less likely to experience severe losses or disruption. 3.2.14.4 Magnitude/Severity A power outage has the potential to directly impact water and wastewater systems. Disruption of water utilities and systems often requires notification of the public and businesses to curtail usage,boil available water, use bottled water, etc. Firefighting capabilities may also be impacted if an outage causes disruption to water supplies. In areas where telephone service is provided by above-ground lines that share poles with electrical distribution lines, telecommunications providers may not be able to make repairs to the telephone system until electrical utilities restore power lines to a safe condition. This could impact response times to a water or wastewater incident. The impacts of electric utility disruptions are felt most significantly by southern California communities during the summer months due to cooling demands from higher heat. Any extended electric disruption can also lead to local economic losses when computers, lighting, refrigeration, gas pumps, and other equipment are without power during business hours. A severe power outage also can cause cascading impacts such as transportation incidents, civil unrest, and disease. The magnitude/severity of a power outage would be the same for all jurisdictions within the planning area. 3.2.14.5 Probability of Future Occurrences Power outages are a normal part of life and are unpredictable; they happen for many reasons and can be expected to continue in the future. Water and wastewater systems are most susceptible to failure during extreme weather conditions, fires, and earthquake events. Regional power outages can threaten human life, particularly when outages affect water supply, hospitals, and other healthcare facilities. As both population and climate variability increase across southern California, and put more pressure on aging distribution systems, it is likely that power outage events will continue to occur. Due to the nature and extent of power outages, the probability for future occurrences would be the same for all jurisdictions in the planning area. 3.3 VULNERABILITY ASSESSMENT Vulnerability describes how exposed or susceptible to damage an asset is, and depends on an asset's construction, condition, contents and the economic value of its functions. A vulnerability analysis predicts the extent of injury and damage on the existing and future built environment that may result from a hazard event of a given intensity in a given area. Due to the interrelatedness of water and wastewater infrastructure and the role each have in public health and safety, vulnerabilities in one community are often related to vulnerabilities in another. Indirect effects can be much more widespread and damaging than direct effects. For example, damage to a major water utility line could result in significant inconveniences and business disruption that would far exceed the cost of repairing the utility line. Final I August 2019 3-/2 SECTION THREE Risk Assessment The vulnerability assessment quantifies, to the extent feasible using best available data, assets at risk to hazards and estimates potential losses. This section focuses on the risks to the planning area; data for each of the MAs was also evaluated and is included here and in the Jurisdictional Annexes. 3.3.1 Asset Inventory Hazards that occur in Orange County can impact critical facilities located throughout the County. For this Plan update, a critical facility is defined as public infrastructure used to provide potable water to the public and maintain wastewater services,necessary to maintain public health and safety. Critical facilities associated with potable water services located within the planning area include: wells, water storage tanks, reservoirs with dams, water treatment plants,pump stations,pressure reducing stations, emergency interties, service connections, pipelines, and administrative buildings and utility yards; refer to Table 3- 13, Summary Assets, at the end of this section. Critical facilities associated with wastewater services located within the planning area include: wastewater treatment plants, lift stations, pipelines, and administrative buildings and utility yards (Table 3-13). 3.3.2 Estimating Potential Exposure and Losses Orange County covers 948 square miles with several different climate patterns and types of terrain, from the coast to the mountains, which allows for several hazards to affect various parts of the County, as described above. Due to the vast area, a hazard event could impact a single jurisdiction or multiple jurisdictions. Updated mapping of water and wastewater infrastructure was prepared in anticipation of the Plan update. As part of the Plan update, the infrastructure mapping was overlaid with hazards having a physical geographic location to estimate exposure to water and wastewater infrastructure. Hazard areas and infrastructure overlays were conducted for wildfires, flooding, fault rupture, earthquakes, liquefaction, landslides, and tsunamis; refer also to the Jurisdictional Annexes. Hazards and infrastructure overlays were not conducted for the remaining hazards because data for these hazards was either not available or is not geographically distinct. Many of these hazards, such as drought,power outage, and high winds/Santa Ana winds affect the entire planning area; therefore, all water and wastewater infrastructure could be potentially susceptible to damage from them. For these hazards, quantitative analyses were not performed. Vulnerability assessments associated with these hazards is based on historic incidents and the knowledge that water and wastewater experts have of their critical facilities and the susceptibility of those facilities to these hazards. For water and wastewater infrastructure pipelines,the length of exposure/impact is given in miles. Other critical facilities are identified by facility/structure type. Exposure characterizes the value of facilities/structures within the hazard zone and is shown as estimated exposure based on the overlay of the hazard on the critical facilities which are assigned a cost of replacement for each type of facility/structure exposed. These replacement costs for the critical facilities were identified by each MA. The loss or exposure value is then determined with the assumption that the given facility/structure is destroyed(worst case scenario), which is not always the case in hazard events. This assumption was valuable in the planning process, so that the total potential damage value was identified when determining capabilities and mitigation measures for each MA. Table 3-12, Unit Replacement Costs of Facilities, provides average replacement costs used for critical facilities and infrastructure listed in all subsequent exposure/loss tables. Final I August 2019 3-73 SECTION THREE Risk Assessment Table 3-13 provides the total inventory for the critical facilities and infrastructure by jurisdiction. Estimated exposure for critical infrastructure by MA is provided in the Jurisdiction Annexes. Table 3-14, Planning Area Critical Facilities and Infrastructure Exposure Costs by Hazard, provides a summary of exposure for the planning area by hazard. The costs identified reflect cost of replacement in a worst-case scenario (defined as the highest cost submitted from among all the MAs in the study process, excluding the regional facilities, as this would overstate the local costs). For example, Garden Grove may have identified a cost of$3 million to replace a well and Buena Park may identify a cost of$3.5 million to replace a well; however, $3.5 million would be used as the replacement cost for all wells within the planning area. This methodology was used for consistency across the planning area and selection of the highest cost helps assure that appropriate costs are considered when requesting grants. For any detailed proposals submitted to FEMA, actual costs for mitigation and detailed estimates of the benefits of the mitigation measure will be prepared and submitted. The costs included herein provide a relative measure of the impacts of the various hazards. Table 3-12 Unit Replacement Costs of Facilities$1,000's(') Abbreviation Name Replacement Cost L90 ($1,000's) WST Water Storage Tank $20,000 RES Reservoir(with a dam) $50,000 WTP Water Treatment Plant(Diemer Filtration Plant) $350,000 WTP Water Treatment Plant by retail agency $10,000 PS Pump Station(South County Pump Station) $35,000 PS Retail Water Agency Pump Station $8,000 PRS Pressure Reducing Station(MET facility) $52,000 PRS Pressure Reducing Station for retail agency $2,000 EIT Emergency Interties $2,000 SC Service Connector $3,000 ADM Administration(large administration building) $8,000 LS Wastewater Pump Station/Lift Station by OCSD/SOCWA $4,000 LS Wastewater Pump Station/Lift Station by retail agency $5,000 WWTP Wastewater Water Treatment Plant $30,000 WELL Well $5,000 PP Power Plant(MET Yorba Linda Power Plant) $12,000 (1)Based on the highest cost for typical facility from among the MAs'facility values submitted. These results are conservatively high replacement costs for some retail agencies. For additional detail on exposure of facilities by MA, refer to the Jurisdictional Annexes. The Jurisdiction Annexes include a discussion of hazards and vulnerabilities specific to each MA, a discussion of their capabilities to address these losses, and identifies the actions to help mitigate damage to their infrastructure against hazards identified in the risk assessment. 3.3.3 Land Use and Development Trends/Changes in Development The MAs provide water and wastewater services to majority of the County, which has a population of almost 3.2 million people. Depending upon the hazard and its magnitude and duration, a considerable Final I August 2019 3-74 SECTION THREE Risk Assessment number of people and businesses could be impacted. Of primary concern would be a hazard that results in the loss of water supply and wastewater services to the planning area. As discussed previously, a hazard could result in direct physical damage to water/wastewater infrastructure, as well as indirect damage resulting from business disruption. Although Orange County is urbanized and predominately built out, the Southern California Association of Governments (SCAG)projects continued population, employment, and housing growth into 2040. The County of Orange and its incorporated cities maintain General Plans, which identify the planned growth and development for their respective jurisdictions. The planning area includes a wide variety of residential and non-residential land uses. Water and wastewater service providers will continue to work with the communities they serve to identify service needs, including the construction, expansion, or modification of water and wastewater infrastructure. The construction of new facilities or infrastructure will be completed in coordination with these communities to ensure compliance with appropriate codes and regulations,including consideration of potential hazards. Population growth and development in the County has increased since 2012. According to the Department of Finance, the population for the County was 3,083,962 in 2012. As of January 1, 2018,the population is 3,221,103, a growth of 4.4 percent since 2012. Along with population growth has come an increase in development, increasing demands on water and wastewater infrastructure. Many Orange County cities have seen shifts in development toward higher-density residential and mixed-use development projects in response to the demand for housing. Due to the highly developed nature of the County along with the presence of natural hazards throughout the area such as earthquakes, liquefaction, flood risk, and wildfires, development and population growth has continued to occur within areas of risk. Recent drought conditions have placed greater emphasis on the ability for new development to be served by water supplies and planning for prolonged drought conditions. Water and wastewater agencies continue to coordinate with the County, cities, and each other to meet the demands of the respective communities they serve while also strengthening regional and local infrastructure and overall reliability in the event of a hazard. Agencies and the District have modified their infrastructure to include EOC's and water infrastructure,to mitigate potential threats. 3.3.4 Vulnerable Populations Water supplies for safe drinking, sanitation, and hygiene are relied upon by the entire population. However, there are populations within the MA service areas that would be considered more vulnerable in the event of a hazard that affects water and wastewater infrastructure. These populations include those that are reliant on others for their wellbeing, such as young children, individuals with disabilities, individuals' dependent on medical equipment, and individuals with impaired mobility, as well as people with low socioeconomic levels. Vulnerable populations are more significantly impacted in the event of a hazard. Final I August 2019 3-/5 SECTION THREE Risk Assessment 3.4 SUMMARY OF VULNERABILITY Due to the nature of water and wastewater infrastructure and its location throughout Orange County, there is some form of infrastructure that intersects with a hazard area. Table 3-14 identifies the infrastructure that intersects with hazards that have a specific geographic area (e.g., fire hazard, liquefaction, etc.); however,the entire MA service area also intersects with hazards that are not geographically specific (e.g., drought, power outage). The variety of hazards and the varying magnitude and probability of occurrence make it challenging to assess the hazards that pose the greatest risk to the MAs. The potential losses vary greatly depending upon the hazard and resulting impact to infrastructure. The challenge is further magnified by the potential health and economic impacts that could occur in the event water supplies are disrupted. Final I August 2019 3-76 SECTION FOUR Risk Assessment Table 3-13 Summary Assets Facilityllnfrastructure Existing Future co (V CID Q O o o c "Q O = a U U a3 0- Cn c a - Member Agency M U) _ CU 0 U) t� cn c rn o a> L c co co o V�n � i n E 4) i s Ern mc u> c c"n O (D°' � ( ca (i' uoi M 1.Cn lY N ° m I- a Cl) 85 a� m m in c 3 3 m J tY m H in c N to o m is o as :3o �a ca co c6 (1) a) o E is "ca is m o a _ a a w = a U) o a � a a J Metropolitan Water District of Orange County 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Orange County Water District 901 27 0 15 3 9 0 2 0 0 4 12 40 2 0 0 6 0 0 0 0 0 1 1 1 1 Orange County Sanitation District 0 0 0 0 0 0 0 0 0 0 0 1 753 2 0 19 0 0 0 0 1 0 0 0 0 0 South Orange County Wastewater Authority 0 0 0 0 0 0 0 0 0 0 0 2 25 3 0 1 0 0 0 0 0 0 0 0 0 1 Buena Park 8 0 0 225 1 1 13 4 0 2,362 19,481 2 165 0 18,900 0 1 0 0 0 0 0 1 0 0 0 El Toro Water District 0 2 0 168 5 8 19 4 12 1,900 9,871 2 114 1 8,950 11 0 0 0 0 0 0 0 0 0 0 Garden Grove 13 0 0 440 8 5 2 4 7 3,959 33,725 2 330 0 33,725 3 1 0 0 0 0 0 0 1 0 0 La Habra 3 0 1 143 4 5 49 18 5 1,807 13,703 1 125 0 13,703 0 0 0 0 0 0 0 2 0 0 0 Laguna Beach County Water District 0 0 0 135 21 11 19 3 14 893 8,488 2 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 Mesa Water District 7 0 1 317 3 2 3 3 15 3,404 24,435 1 0 0 0 0 2 0 10 0 0 0 0 0 0 0 Moulton Niguel Water District 0 0 0 655 28 23 16 9 16 7,154 55,048 2 501 0 52,259 17 0 0 2 0 1 0 0 1 10 0 Newport Beach 4 1 0 297 2 5 42 6 13 2,634 26,800 1 323 0 5,525 21 0 0 0 0 0 0 0 0 0 0 Orange 15 0 0 450 16 16 14 8 16 4,411 34,000 3 0 0 0 0 2 0 0 0 0 1 1 0 1 1 Santa Margarita Water District 0 3 0 626 34 21 25 22 4 4,250 54,254 1 630 3 57,537 19 0 2 3 0 0 22 21 25 20 0 Serrano Water District 3 1 1 43 2 5 0 2 0 370 2,350 2 0 0 0 0 1 0 0 0 0 0 0 0 0 0 South Coast Water District 1 1 1 185 13 9 25 4 19 1,522 12,551 7 151 1 16,500 14 0 0 0 0 0 0 0 0 0 0 Trabuco Canyon Water District 3 2 2 65 8 12 8 5 5 600 4,000 2 47 1 3,600 8 1 0 2 0 0 4 4 3 2 0 Westminster 10 0 0 230 2 1 0 3 4 2,672 20,515 1 0 0 0 0 1 0 2 0 0 0 0 0 0 0 Yorba Linda Water District 11 0 0 352 14 12 42 4 10 3,981 24,998 2 313 0 23,421 2 1 0 10 0 0 2 0 0 10 0 Joint Water Systems' 0 2 0 94 0 0 0 1 0 0 0 0 10 0 0 0 0 0 0 2 0 0 0 0 0 0 Metropolitan 0 1 1 122 0 1 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 (t) Regional water systems identified here are co-owned and managed by multiple utilities. Final I August 2019 3-77 SECTION THREE Risk Assessment Table 3-14 Planning Area Critical Facilities and Infrastructure Exposure Costs by Hazard Infrastructure Type Replacement Hazard Costs Water Treatment Lift Administration Pump Pressure Reservoirs Storage Wells Effluent Potable Wastewater ($million)' Interties(#) Stations Control Pipeline Pipeline Pipeline Buildings (#) Plants(#) Stations(#) Stations(#) (#) Tanks s (#) (miles) (miles) (miles) Moderate 0 14 13 0 7 0 13 0 0 0.5 45.02 37.78 1,483.40 Fire Hazard Zone High 0 5 6 1 0 0 13 0 1 1.0 59.03 65.8 1,729.64 Very High 0 24 47 2 10 1 71 0 5 1.6 151.14 100.65 6,098.12 FEMA Flood 100-Year 0 4 1 2 7 0 15 0 7 0.5 38.73 82.84 1,832.56 Zone 500-Year 0 18 7 1 11 0 8 0 35 2.1 106.05 171.96 2,972.88 Alquist-Priolo Fault Zone 0 0 0 0 0 2 0 0 0 1 0 4.29 0.71 44.0 Moderate 0 22 31 0 2 1 50 0 0 0 86.18 52.99 3,917.36 Ground Shaking High 1 97 60 9 19 1 55 1 57 5.2 370.53 513.72 11,039.60 Extreme 1 24 25 1 10 1 42 0 26 0 169.53 213.85 5,615.04 Moderate 0 13 11 3 3 1 14 0 33 0 85.53 188.64 3,219.36 High 2 25 6 3 1 0 17 1 40 0 91.48 198.47 3,538.60 Liquefaction Very High 0 0 0 1 0 2 0 0 0 0 10.39 16.74 231.04 Unknown 0 13 7 1 1 0 1 0 7 0 54.45 100.4 1,420.80 Landslide Zone 0 5 18 0 7 0 28 0 0 2.8 40.83 42.34 2,276.76 Tsunami Zone 0 0 0 1 7 0 0 0 0 0.6 6.75 7.42 163.16 (t)Based on the highest cost for typical facility from among the MAs'facility values submitted. These results are conservatively high replacement costs for some retail agencies. Final August2019 3-78 SECTION FOUR Mitigation Strategy SECTION 4 MITIGATION STRATEGY Planning is the cornerstone to successful hazard mitigation efforts. Citizens, local government, and private interests with proactive policies can reduce damages and impacts associated with natural and human-caused hazards. Benefits realized by implementing hazard mitigation measures include: • Saving lives by removing people from hazard prone situations. • Limiting property damage by regulating development in hazard areas. • Reducing economic impacts by minimizing outages of essential services during and after these events. • Saving money for taxpayers by reducing the need for services during a disaster. • Speeding disaster recovery and post-disaster relief funds. • Demonstrating a strong commitment to the health and safety of the community. Relocating people, institutions, and businesses from hazard prone areas saves property and lives. Removal or protection of the structures means that there is less to pay for disaster recovery or for services during an event. Having alternative service plans for essential services, such as water, protects structures from fire and allows residents and businesses to continue functioning or to restore normal functions quicker following a disaster. Post-event, recovery crews will have less to do because there will be less damage. Implementation of these measures speeds the overall recovery process. 4.1 HAZARD MITIGATION OVERVIEW The mitigation strategy and actions were developed by the Planning Team based upon in-depth review of the vulnerabilities and capabilities described in the Plan. The mitigation actions described in the Jurisdictional Annexes represent each MA's risk-based approach for reducing and/or eliminating the potential losses as identified in Section 3.0,Risk Assessment. As part of the Plan update process, the hazard mitigation goals were reviewed and refined. It was determined that the overarching mitigation goals were the same for all MAs. Therefore, one set of goals were identified for the Plan, as discussed below. If additional,jurisdiction-specific goals were identified by a MA,they are included in the Jurisdictional Annex. MAs provided a comprehensive review of their mitigation actions to assess their ability to reduce risk and vulnerability to the jurisdiction from identified hazards. Upon review of each mitigation action, an assessment was made as to whether the mitigation action should be carried forward into the Plan update and/or be revised/modified or removed to reflect changing conditions or priorities. Mitigation actions that were deemed complete during the current plan period were identified and removed (refer to the Jurisdictional Annexes). New mitigation measures were also identified. 4.1.1 FEMA's National Flood Insurance Program In 1968, the U.S. Congress created the National Flood Insurance Program (NFIP) to provide affordable insurance to property owners while also encouraging communities to adopt and enforce floodplain management regulations. Community participation is voluntary; however, it is required to receive certain grants and funding from FEMA. The Orange County Flood Division (OC Flood) is a participant in the program and administers the floodplains within the unincorporated areas of the County. Within the incorporated areas, Orange County cities administer their floodplains. Since the creation of NFIP, OC Flood has worked cooperatively with cities in Orange County to reduce the floodplain area by Final I August 2019 4-1 SECTION FOUR Mitigation Strategy constructing flood control facilities that provide 100-year flood protection. Such facilities typically traverse through the cities and ultimately outlet into the Pacific Ocean. All cities within Orange County are participants in the program. REPETITIVE LOSS PROPERTIES According to the National Flood Insurance Program (NFIP), a repetitive loss structure is an insured building that has had two or more losses of at least$1,000 each being paid under the NFIP within any 10- year period since 1978. Each MA has had zero such losses within the water utility, the water department, or wastewater department. 4.2 HAZARD MITIGATION GOALS Mitigation goals are defined as general guidelines explaining what each jurisdiction wants to achieve in terms of hazard and loss prevention. Goal statements are typically long-range,policy-oriented statements representing jurisdiction-wide visions. The goals and objectives identified in the previous plan were reviewed by the Planning Team. Through the Plan update process, it was determined that many of the goals identified for each MA were the similar. As a result, the following hazard mitigation goals have been identified for the Plan: Goal 1: Minimize vulnerabilities of critical facilities and infrastructure to minimize damages and loss of life and injury to human life caused by hazards. Goal 2: Minimize security risks to water and wastewater infrastructure. Goal 3: Minimize interruption to water and wastewater utilities. Goal 4: Improve public outreach, awareness, education, and preparedness for hazards in order to increase the community resilience. Goal 5: Eliminate or minimize wastewater spills and overflows(Wastewater agencies). Goal 6: Protect water quality and supply, critical aquatic resources and habitat to ensure a safe water supply. Goal 7: Strengthen Emergency Response Services to insure preparedness, response, and recovery during any major or multi-hazard event. The Plan goals guide the direction of future activities aimed at reducing risk and preventing loss from natural and human-caused hazards. The goals also serve as checkpoints as the MAs begin implementing mitigation action items. Mitigation goals do not account for implementation cost, schedule, funding sources, etc. Goals represent what each MA wants to achieve, whereas the mitigation actions provide the actions to needed to achieve the goals. 4.3 IDENTIFY AND PRIORITIZE MITIGATION ACTIONS Mitigation actions were identified, evaluated, and prioritized by the MAs. They provide a list of activities that the MAs will use to reduce their risk of potential hazards. Some of these actions may be eligible for funding through federal and state grant programs and other funding sources as made available by the MAs Final I August 2019 4-2 SECTION FOUR Mitigation Strategy or other agencies/organizations. The mitigation actions are intended to address the comprehensive range of identified hazards for each MA; some actions may address risk reduction from multiple hazards. A detailed list of mitigation actions for each MA is provided in the Jurisdictional Annexes. The process used by the Planning Team to identify hazard mitigation actions for this Plan included the following: • Review of the Risk Assessment presented in Section 3.0; • Review of the Capabilities Assessment presented for each MA in the Jurisdictional Annexes; and • Team discussion of new concerns/issues that need to be addressed to reduced hazards to critical water/wastewater infrastructure. The mitigation actions identify the hazard, proposed mitigation action, location/facility, local planning mechanism,risk, cost,timeframe,possible funding sources, status, and status rationale, as applicable. MAs conducted a capabilities assessment (provided in the Jurisdictional Annexes), to identify existing local agencies,personnel,planning tools,public policy and programs,technology, and funds that have the capability to support hazard mitigation activities and strategies outlined in this Plan. To identify the capabilities, the Planning Team collaborated to identify current local capabilities and mechanisms available for reducing damage from future hazard events. The capabilities and resources were reviewed while developing the Plan update. After completion of the capabilities assessment, each jurisdiction evaluated and prioritized their proposed mitigations. FEMA's STAPLEE technique was used to identify, evaluate, and prioritize mitigation actions based on existing local conditions. Using this method each MA considered the Social, Technical, Administrative, Political, Legal, Economic, and Environmental (STAPLEE) opportunities and constraints of implementing a mitigation action; refer to Table 4-1, STAPLEE Review and Selection Criteria. This process was used to help ensure that the most equitable and feasible actions would be undertaken based on each MA's unique capabilities. hi some instances, MAs revised the priorities of mitigation actions or removed mitigation actions all together. If the mitigation action was completed and no further action would be needed, the action was removed. However, in some instances it was determined that a mitigation action was no longer relevant due to technical changes or advances, a change in service conditions, or the cost associated with a mitigation that would not result in the benefits needed. Some actions that may have been considered lower in priority during the last plan update were elevated due to conditions that either allowed for the action to be prioritized, such as the potential for funding or completion of other mitigation actions that preceded them. Mitigation actions were also prioritized based on more recent experiences associated with drought conditions and wildfires. These hazards and the impact they have had throughout Orange County and the State have resulted in new requirements in how these hazards are addressed in water supply and water and wastewater infrastructure systems. 4.3.1 Hazard Mitigation Benefit-Cost Review FEMA requires local governments/agencies to analyze the benefits and costs of a range of mitigation actions that can reduce the effects of each hazard within their communities. Benefit-cost analysis is used in hazard mitigation to show if the benefits to life and property protected through mitigation efforts exceed the cost of the mitigation activity. Conducting benefit-cost analysis for a mitigation activity can assist communities in determining whether a project is worth undertaking now to avoid disaster-related damages later. The analysis is based on calculating the frequency and severity of a hazard, avoided future damages, and risk. Final I August 2019 4-3 SECTION FOUR Mitigation Strategy A hazard mitigation plan must demonstrate that a process was employed which emphasized a review of benefits and costs when prioritizing the mitigation actions. The benefit-cost review must be comprehensive to the extent that it can evaluate the monetary as well as the nonmonetary benefits and costs associated with each action. The benefit-cost review should at least consider the following questions: • How many people will benefit from the action? • How large an area is impacted? • How critical are the facilities that benefit from the action (e.g., which is more beneficial to protect,the fire station or the administrative building)? • Environmentally, does it make sense to do this project for the overall community? Final I August 2019 ^— SECTION FOUR Mitigation Strategy Table 4-1 STAPLEE Review and Selection Criteria STAPLEIE Review Selection Criteria • Is the proposed action socially acceptable to the jurisdiction and surrounding community? Social • Any equity issues involved that would mean that one segment of the jurisdiction and/or community is treated unfairly? • Will the action cause social disruption? • Will the proposed action work? Technical • Will it create more problems than it solves? • Does it solve a problem or only a symptom? • Is it the most useful action in light of other jurisdictiongoals? • Can the jurisdiction implement the action? Administrative Is there someone to coordinate and lead the effort? • Is there sufficient funding,staff,and technical support available? • Are there ongoing administrative requirements that need to be met? Political • Is the action politically acceptable? • Is there public support both to implement and to maintain the project? • Is the jurisdiction authorized to implement the proposed action? • Are there legal side effects? Could the activity be construed as a taking? Legal . Will the jurisdiction be liable for action or lack of action? • Will the activity be challenged? • What are the costs and benefits of this action? • Do the benefits exceed the costs? • Are initial, maintenance,and administrative costs taken into account? • Has funding been secured for the proposed action? If not,what are the potential Economic funding sources(public,nonprofit,and private)? • How will this action affect the fiscal capability of the jurisdiction? • What burden will this action place on the tax base or local economy? • What are the budget and revenue effects of this activity? • Does the action contribute to other jurisdiction goals? • What benefits will the actionprovide? • How will the action affect the environment? Environmental • Will the action need environmental regulatory approvals? • Will it meet local and state regulatory requirements? • Are endangered or threatened species likely to be affected? Final I August 2019 4-5 SECTION FOUR Mitigation Strategy These questions were used to help determine the appropriateness of mitigation actions. Benefits and costs are a primary motivation for implementing mitigation projects at water and wastewater utilities. Past disasters have shown the benefit-cost of mitigating water utilities against identifiable hazards. For example, a cold weather system that impacted most of the United States resulted in pipeline breaks across the State of California. Those ruptures primarily occurred on a specific type of pipeline that has been gradually phased out of use in California. The replacement of this type of pipeline prior to the cold front could have not only prevented the cost of pipeline breaks, but also costs related to flooding, landslides, loss of water supply, other secondary effects of the broken pipelines. A study conducted in 2003 by the Orange County Business Council found that a 10-day 80%reduction in water to South Orange County would result in a fiscal impact of$293 million dollars to both businesses and residents alike. Longer outages during many disaster situations are probable and would be proportionally more devastating. Each affected agency would share in the economic impacts based on its mix of business and residential customers. The final prioritization completed by each MA depended on the direct loss estimations for water/wastewater critical infrastructure along with the secondary costs associated with business loss and recovery. Much of this effort was completed with informal cost-benefit analysis based on the knowledge and expertise of the participants (many of them certified operators, water quality experts, or engineers), previous planning documents, and the concepts identified above. Those actions that did not have adequate benefits were excluded from the list of mitigation actions. 4.4 REGIONAL CONSIDERATIONS It is envisioned that the mitigation actions for the most part will be implemented on a jurisdiction-by- jurisdiction basis. MWDOC will provide facilitation, as appropriate, of this process to help reduce duplication of efforts between jurisdictions and to spearhead coordination of initiatives and action items that could be accomplished more efficiently on a regional level. In its role as a regional planning agency, MWDOC will act as lead on water related hazard mitigation projects that are regional in nature, such as projects that cross several jurisdictional boundaries and work planned on behalf of Metropolitan. OCSD and SOCWA will take the lead on wastewater related hazard mitigation projects that are regional in nature and within their individual service areas. The Risk Assessment (Section 3.0) and Jurisdictional Annexes indicate that each MA is susceptible to a variety of potentially serious hazards in the region. The approach to emergency planning in California has been comprehensive in its planning for and preparedness to respond to all hazards utilizing the Standardized Emergency Management System(SEMS) and a coordinated Incident Command System. A program managed by MWDOC, the Water Emergency Response Organization of Orange County (WEROC), acts as coordination point (Area Command) to support an effective emergency response to major disasters by the Orange County water and wastewater utilities. WEROC provides services that promote planning and preparedness activities for both the utilities, as well as its own Emergency Operations Center (EOC) staff. WEROC also helps maintain two turn-key EOCs. WEROC receives guidance from a steering committee, which includes representatives from Orange County water utilities, Metropolitan, the County of Orange and the California Department of Health Service's Office of Drinking Water. WEROC and its steering committee help ensure water and wastewater utilities remain current with state and national emergency response procedures and plans for potential disasters. The Disaster Mitigation Act of 2000 requires that in addition to having emergency response and emergency preparedness documents,regions should develop and maintain a document outlining measures Final I August 2019 4-6 SECTION FOUR Mitigation Strategy that can be implemented before a hazard event occurs that would help minimize the damage to life and property. MWDOC has accepted the role of coordinating the development the Hazard Mitigation Plan as a multi jurisdictional plan. All hazard mitigation planning efforts within the region are the responsibility of the jurisdictions. As noted, the capabilities of the jurisdictions to perform hazard mitigation planning are detailed in the Jurisdictional Annexes. 4.4.1 Regional Fiscal Resources One of MWDOC's primary roles in coordinating the development of the Plan is to identify and obtain grant funding for preparing and implementing certain aspects of the Plan. This is consistent with WEROC's role, as a program managed by MWDOC, for hazard mitigation and preparedness. WEROC has received grants to improve the Emergency Operations Centers and to secure water trailers for distribution of drinking water during disasters and will continue to provide guidance to the MAs with hazard mitigation project grant applications and their implementation. Additional fiscal capabilities of the jurisdictions to implement a hazard mitigation project are detailed in their individual capabilities assessments. Final I August 2019 ^— SECTION FOUR Mitigation Strategy This page intentionally left blank. Final I August 2019 4-8 SECTION FIVE plan Maintenance SECTION 5 PLAN MAINTENANCE This section of the Plan describes the formal process that will ensure that the Plan remains an active and relevant document. The Plan maintenance process includes a schedule for monitoring and evaluating the Plan annually and producing a plan revision every five years. This section describes how the Member Agencies (MAs) will integrate public participation throughout the plan maintenance process. It also describes how the MAs intend to implement the Plan and incorporate the mitigation actions identified in the Plan into existing planning mechanisms and programs. The Plan's format, organized with Jurisdictional Annexes, allows the MA's to readily update sections when new data becomes available, ensuring the Plan remains current and relevant. 5.1 MONITORING, EVALUATING AND UPDATING THE PLAN 5.1.1 Plan Maintenance MWDOC will be responsible for initiating Plan reviews and coordinating with the MAs. The internal planning teams for each jurisdiction will meet quarterly to review progress on Plan implementation. MWDOC and the MA's will meet annually, or following a hazard event as described below, to monitor the Plan's progress and implementation. This will also allow the opportunity for updates to hazards, jurisdictional goals and mitigation action items, as necessary. If needed, the MAs will coordinate with MWDOC to integrate updates into the Plan. 5.1.2 Plan Evaluation The Plan will be evaluated by the MAs at least annually to determine the effectiveness of the Plan, and to reflect changes in land development or programs that may affect mitigation priorities. MWDOC and the Planning Team leads (or their jurisdictional representative) will also review the goals and action items to determine their relevance to changing situations in the County, as well as changes in State or Federal regulations and policy. MWDOC and MA representatives will also review the risk assessment portion of the Plan to determine if this information should be updated or modified, given any new available data. The MAs will report on the status of their projects, the success of various implementation processes, difficulties encountered, success of coordination efforts, and which strategies should be revised. Any updates or changes necessary will be forwarded to MWDOC for inclusion in further updates to the Plan. MWDOC, with input from the Planning Team, will create a template to guide the Planning Team in preparing a progress report. This will help to ensure consistent and accurate tracking of the Plan implementation by each of the MAs. Each MA will coordinate with their responsible departments/agencies identified for each mitigation action. These responsible departments/agencies will help to monitor and evaluate the progress made on the implementation of mitigation actions and report to the MA's Planning Team representative on a semi-annual basis. These responsible departments/agencies will be asked to assess the effectiveness of the mitigation actions and modify the mitigations actions as appropriate. The HMP Mitigation Action Progress Report worksheet will assist Planning Team representatives in reporting the status and assessing the effectiveness of the mitigation actions. The following questions will be considered in evaluating the Plan's effectiveness: • Has the nature or magnitude of hazards affecting the planning area/jurisdiction changed? • Are there new hazards that have the potential to impact the planning area/jurisdiction? • Do the identified goals and actions address current and expected conditions? Final I August 2019 5-1 SECTION FIVE plan Maintenance • Have mitigation actions been implemented or completed? • Has the implementation of identified mitigation actions resulted in expected outcomes? • Are current resources adequate to implement the HMP? • Should additional local resources be committed to address identified hazards? Future updates to the HMP will account for any new hazard vulnerabilities, unusual circumstances, or additional information that becomes available. Issues that arise during monitoring and evaluating the HMP, which require changes to the risk assessment, mitigation strategy and other components of the Plan,will be incorporated into the next update of the HMP, described below. 5.1.3 Plan Updates Title 44 Section 201.6(d)(3) of the Code of Federal Regulations requires that local hazard mitigation plans be reviewed,revised if appropriate, and resubmitted for approval in order to remain eligible for mitigation project grant funding. Monitoring the progress of the mitigation actions, as described above, will be on- going throughout the five-year period between the adoption of the HMP and the next update effort. The five-year cycle may be accelerated to less than five years based on the following triggers: • A presidential disaster declaration that impacts one or more of the MAs; • A hazard event that causes loss of life. Should a significant hazard occur within the planning area, the HMP Planning Team will reconvene within 60 days of the disaster to review and update the HMP, as required. MWDOC,working in conjunction with the MAs,will serve as the primary responsible agency for updates to the Plan. All MAs will be responsible to provide MWDOC with jurisdictional-level updates to the Plan when/if necessary, as described above. Every five years the updated plan will be submitted to Cal OES and FEMA for review. The intent of the update process will be to add new planning process methods, MA profile data, hazard data and events, vulnerability analyses, mitigation actions, and goals to the adopted Plan so that the HMP will always be current and up to date. Based on the needs identified by the Planning Team, the update will, at a minimum, include the elements below: • The update process will be convened MWDOC and a Planning Team comprised of at least one representative from each MA. • The hazard risk assessment will be reviewed and updated using best available information and technologies on an annual basis. • The evaluation of critical infrastructure and mapping will be updated and improved as funding becomes available. • The mitigation actions will be reviewed and revised to account for any actions completed, deferred, or changed to account for changes in the risk assessment or new policies identified under other planning mechanisms, as appropriate. • The draft update will be made available to appropriate agencies for comment. Final I August 2019 5-2 SECTION FIVE plan Maintenance • The public will be given an opportunity to comment prior to adoption. • The governing bodies for each MA will adopted the updated HMP. 5.1.4 Adoption Each jurisdiction is responsible for adopting the HMP. This formal adoption should take place every five years. Once the Plan had been adopted, MWDOC will be responsible for final submission to Cal OES. Cal OES will then submit the Plan to FEMA for final review and approval. 5.1.5 Implementation Through Existing Programs The effectiveness of the nonregulatory HMP depends on the implementation of the Plan and incorporation of the outlined mitigation action items into existing plans, policies, and programs. The Plan includes a range of action items that, if implemented, would reduce loss from hazard events in the planning area. Together, the mitigation action items in the HMP provide the framework for activities that the MAs may choose to implement over the next five years. The MAs have identified the Plan's goals and prioritized jurisdiction-specific actions that will be implemented (resources permitting) through existing plans, policies, and programs. Implementation of the Plan will be the responsibility of each MA. Successful implementation is more likely if the Plan recommendations are integrated into other plans and mechanisms, such as water and wastewater master plans, urban water management plans, general plans, municipal codes, strategic plans and capital improvement plans and budgets for each of the participating jurisdictions. Upon adoption of the Plan, the MAs can use the Plan as a baseline of information on the hazards that impact their jurisdictions. The Plan can also build upon related planning efforts and mitigation programs that are already occurring within the planning area. This will also facilitate applying for funding opportunities as they become available. Progress on implementing mitigation actions through other planning programs and mechanisms should be monitored and integrated into future updates. By adopting a resolution approving this HMP, each MA agrees to reference and incorporate the document into their future local planning documents, codes, decisions,processes and regulations. The HMP will be reviewed and considered by each MA, as applicable plans are created or updated in the future. Upon creating or updating new plans or policies, each MA will review this HMP and consider the following: • What hazard and/or vulnerability information should be considered and/or integrated into this plan? • Are there opportunities for this plan to support and/or implement mitigation actions? • What mitigation actions can and should be integrated into this plan? • Are there other community mechanisms that mitigation can be integrated? • Is there information from this plan or policy that can be integrated into the next HMP update? Further, the Water Emergency Response Organization of Orange County's (WEROC) Programs Manager will establish as an annual agenda item to review and discuss incorporation of the HMP into local planning efforts and processes. Final I August 2019 5-3 SECTION FIVE plan Maintenance Some of the ways each MA will integrate information from this HMP into their planning mechanisms are described below. Planning and zoning law requires all California cities to adopt a comprehensive, long-term general plan for the physical development of the city. The plans are required to address natural hazards that could impact a community. Further, recent legislation requires jurisdictions to conduct a vulnerability assessment that identifies the risks that climate change poses to the local jurisdictions. Through adoption of their General Plans and Zoning Ordinances, cities plan for the impact of natural hazards. Water and wastewater agencies also utilize City General Plans to understand natural hazards impacting the areas they serve and to identify future development and growth and the associated demands for water and wastewater services. This information informs various water and wastewater plans, such as, Capital Improvement Programs and Urban Water Management Plans. Each jurisdiction will use these plans and this HMP as complementary documents that work together to reduce the risk of natural hazards on their community. The timing of updates to planning documents vary depending upon the document and statutory requirements. The information provided in the hazards profiles, vulnerability assessment, and the mitigation actions will be integrated directly or incorporated by reference to support and enhance goals/policies and specific actions for each MA. This will be done as the documents are updated by each jurisdiction. More specifically, upon their next General Plan updates, cities will incorporate updated hazard and vulnerability information from the HMP, including integration of mitigation actions into their goals and policies. This is typically done in part through preparation of an Existing Conditions Report or an update of existing conditions within the various General Plan elements. Through the process of updating a General Plan, goals,policies and implementation actions are reviewed and new goals,policies, and actions are created to address issues or concerns within the community, including natural hazards. Hazard information will identify the exposure of populations, land uses, and critical infrastructure from hazards. A General Plan update includes a community outreach process that allows direct input from the community on these issues and provides an opportunity to educate the public on hazards and opportunities to reduce their impact. A General Plan update also requires recommendation for adoption and/or adoption by the cities' respective Planning Commissions and City Councils, further ensuring its implementation as future projects are required to be assessed for their consistency with a General Plan prior to approval. Similarly, updated water and wastewater plans will integrate more current hazard and vulnerability information and establish or update their framework for implementing actions identified in the HMP. Upon creating or updating any plans, water and wastewater agencies will review this HMP to ensure integration of the mitigation actions into the respective plans. This will be done as staff assesses the current plan and incorporates updated hazard information and the mitigation actions from this HMP. The Urban Water Management and Planning Act was passed in 2010 and requires water suppliers to estimate water demands and available water supplies. Each water district has an Urban Water Management Plan (UWMP). UWMPs are required to evaluate the adequacy of water supplies including projections of 5, 10, and 20 years. These plans are also required to include water shortage contingency planning for dealing with water shortages, including a catastrophic supply interruption. Final I August 2019 5- SECTION FIVE plan Maintenance UWMPs are intended to be integrated with other urban planning requirements and management plans. Some of these plans include city and county General Plans, Water Master Plans, Recycled Water Master Plans, Integrated Resource Plans, Integrated Regional Water Management Plans, Groundwater Management Plans, Emergency Response Plans, and others. Each water district will review the HMP in coordination with preparation of UWMP updates to ensure the most current hazard information is provided and that the appropriate mitigation actions are incorporated. Additionally, all water utilities are required to conduct Risk and Resilience Assessments (RRA) and corresponding Emergency Response Plans (ERP) in the coming year per the America's Water Infrastructure Act of 2018 (AWIA). The Risk and Resilience Assessments are similar to the hazard mitigation risk assessment process in that various risks are assessed, but typically in a more in depth manner by not just evaluating the risk, but also all potential physical and cyber components of operations and business continuity. AWIA requires water utilities to assess their facilities for all-hazard risks, but specifically calls attention to physical security, natural hazard risks, cyber security, fiscal processes security, and climate change. The corresponding Emergency Response Plan (ERP) is more similar to an overall FEMA based hazard mitigation plan, than a traditional emergency response plan for say a jurisdiction with an EOC. The ERP typically addresses possible mitigations or solutions very specific to identified risks. Both the RRA and the ERP are documents that are considered Protected Critical Infrastructure Information (PCII) due to information within the documents related to the water infrastructure. However, MA will integrate pertinent information from this mitigation plan into their updated RRA and ERPs,as well as utilize those documents to continue to update and enhance the HMP. Wastewater agencies are also required to maintain current Sewer Master Plans, Sanitary Overflow Response Plans, and Fats, Oils, and Grease Ordinances. These plans can help to support hazard mitigation efforts, as well as shape future policy to reduce the impacts of sewer system failures. Each MA has its own budget process, including CIPs that identify capital projects and equipment purchases. These systems provide a link between a MAs general and/or strategic plan and annual budget. As part of the annual review and update of the CIP, the mitigation actions identified in this HMP will be reviewed to determine which actions should be included within the CIP. This HMP will be added or incorporated by reference into each MA's emergency plans (e.g., Emergency Operations Plans, Emergency Response Plans, and Emergency Evacuation Plans) as they are updated. The hazard profiles, risk assessment, and mitigation actions will be reviewed during updates to these plans. Further, mitigation actions not currently provided in the HMP will be identified for consideration as part of the HMP update. Other opportunities for integration of this HMP include education programs and continued coordination between the MAs and other agencies. Each MA maintains a website and utilizes social media to provide updated information to its community and service area. Hazard information and opportunities for the community to reduce individual exposure to hazards will be provided. Some MAs will also provide in- person educational events and activities to further inform the community. Final I August 2019 5-5 SECTION FIVE plan Maintenance 5.1.6 Continued Public Involvement MWDOC is dedicated to involving the public directly in review and updates of the Plan. MWDOC and a representative from each participating jurisdiction will be responsible for monitoring, evaluating, and updating the Plan as described above. During all phases of plan maintenance, the public will have the opportunity to provide feedback. The most current copy of the Plan will be publicized and permanently available for review on MWDOC's website at www.mwdoc.com/weroc/Hazard-Mitigation. The site will contain contact information to which people can direct their comments and concerns. All public feedback will be forwarded to the appropriate jurisdiction for review and consideration for incorporation (if deemed appropriate) into the next plan update. This information will also be forwarded to MWDOC, responsible for keeping track of public comments on the Plan. In addition, copies of the Plan will be catalogued and kept at all the appropriate agencies in the county. The existence and location of these copies will also be posted on the MWDOC website. This will provide the public an outlet for which they can express their concerns, opinions, or ideas about any updates/changes that are proposed to the Plan. Final I August 2019 5-6 SECTION SIX References SECTION 6 REFERENCES Arcadis. (May 2016). Municipal Water District of Orange County,2015 Urban Water Management Plan. California Department of Forestry and Fire Protection,Fire and Resource Assessment. (October 2011). Very High Fire Hazard Severity Zones in IRA Map. http://frap.fire.ca.gov/projects/hazard/fhz. California Governor's Office of Emergency Services.HazMat Spill Notification Database. http://www.caloes.ca.gov/FireRescueSite/Pages/Spill-Release-Reporting.aspx. Accessed August 24,2017. Centers for Disease Control and Prevention.Drinking Water FAQ. https://www.cdc.gov/healthywater/drinking/public/drinking-water-faq.html#who contact. Accessed January 10, 2018. City of Buena Park. (December 2010). 2035 General Plan Final EIR. http://www.buenapark.com/city- departments/community-development/planning-division/general-plan/203 5-general-plan. City of Garden Grove. (May 2008). Garden Grove General Plan. https://www.ci.garden- grove.ca.us/commdev/planning/general-plan City of La Habra(January 14, 2014). General Plan 2035. (http://lahabracity.com/DocumentCenterNiew/197 City of Newport Beach. (July 25,2006). General Plan. http://www.newportbeachca.gov/government/departments/community-development/planning- division/general-plan-codes-and-regulations/general-plan. City of Orange. (March 9,2010). 2010 General Plan.http://www.cityoforange.org/391/General-Plan City of Westminster. (September 2016). Westminster General Plan Update. http://www.westminster- ca.gov/civicax/filebankiblobdload.aspx?BloblD=l 1158 City of Yorba Linda. (2016). 2016 Yorba Linda General Plan. https://www.yorbalindaca.gov/DocumentCenterNiew/475 Cocca, Christina. (July 19, 2013).Power Back on After Massive Blackout Hits South Orange County, San Diego. https://www.nbclosangeles.com/news/local/Massive-Blackout-Hits-South-orange-county- San-Diego-216115731.html. County of Orange. (May 2014).Emergency Operations Plan. County of Orange. (2015). General Plan, Safety Element. https://www.ocgov.com/gov/pw/cd/planning/generalplan2005.asp Ethan Miller Brown, OCSD Emergency Management Division, email correspondence, September 5, 2017. Federal Emergency Management Agency. (December 3, 2009).Flood Insurance Study, Orange County, California and Incorporated Areas. Final I August 2019 6-1 SECTION SIX References Federal Emergency Management Agency. (2012). Open Pacific Coast Study Frequently Asked Questions. http://www.r9map.org/Documents/OPC%20FAQ_8.2012.pdf Federal Emergency Management Agency. (October 4,2016).Flood Risk Report, Orange County, CA Open Pacific Coast Flood Insurance Study. Report Number 01. Hapke,C.J.,Reid,D.,Richmond, B.M.,Ruggiero,P.,and List,J. (2006).National assessment of shoreline change:Part 3:Historical shoreline changes and associated coastal land loss along the sandy shorelines of the California coast: U.S. Geological Survey Open-file Report 2006-1219. https://pubs.usgs.gov/of/2006/1219/. Hernandez, Salvador, Orange County Register. (August 7, 2013). Cleveland National Forest fire 78% contained. https://www.ocregister.com/2013/08/07/cleveland-national-forest-fire-78-contained/. LA Times. (December 20,2016).AECOM, EnergySolutions win bid to decommission San Onofre nuclear plant.http://www.latimes.com/business/la-fi-san-onofre-decommission-20161220-story.html. Accessed January 10, 2018. Lee, Greg,ABC 7. (July 13,2015).Brush fire erupts on State Route 241 near Irvine Lake; campgrounds evacuated. http://abc7.com/news/brush-fire-erupts-on-state-route-24l-near-irvine-lake/848365/. Luhdorff& Scalmanini Consulting Engineers. (April 2014).Land Subsidence from Groundwater Use in California. https://www.water.ca.gov/LegacyFile s/waterplan/docs/cwpu20 l 3/Final/vol4/groundwater/13 Lan d Subsidence_Groundwater Use.pdf NASA(March 19,2018). Global Climate Change Vital Signs of the Planet.https://climate.nasa.gov/. Accessed March 2018. National Climate Assessment. (2014). Coastal Zone Development and Ecosystems. http://nca20l4.globalchange.gov/report/regions/coasts. National Oceanic and Atmospheric Administration,Climate Prediction Center.Drought Monitoring. http://www.cpc.ncep.noaa.gov/products/monitoring_and_data/drought.shtml. Accessed March 2018. National Oceanic and Atmospheric Administration,National Centers for Environmental Information. Storm Events Database, Event Types: Tsunami. https://www.ncdc.noaa.gov/stonnevents/choosedates.jsp?stateflps=6,CALIFORNIA.Accessed March 21, 2018. National Oceanic and Atmospheric Administration,National Centers for Environmental Information. Storm Events Database, Event Types: Wildfire. https://www.ncdc.noaa.gov/stormevents/choosedates.jsp?statefips=6,CALIFORNIA.Accessed March 21, 2018. National Oceanic and Atmospheric Administration,National Centers for Environmental Information. Storm Events Database, Event Types:High Winds. https://www.ncdc.noaa.gov/stormevents/choosedates.jsp?stateflps=6,CALIFORNIA.Accessed March 21, 2018. 1 Final I August 2019 6-2 SECTION SIX References National Oceanic and Atmospheric Administration,National Centers for Environmental Information. Storm Events Database. https://www.ncdc.noaa.gov/stonnevents/. Orange County Sanitation District. (2017).Annual Report 2016-2017. Orange County Sanitation District. (December 2017).Five Year Strategic Plan. Orange County Sheriff's Department.JTTF. http://www.ocsd.org/divisions/fieldops/security/terrorism/jttf.Accessed August 24, 2017. Orange County Sheriff s Department. OC Intelligence Assessment Center. http://www.ocsd.org/divisions/fieldops/security/iac. Accessed August 23,2017. Orange County Water District. (2015). Groundwater Management Plan 2015 Update. https://www.ocwd.com/media/3 622/groundwatermanagementplan2O l 5update_20150624.pdf Orange County Water District.North Basin Groundwater Remedial Investigation and Feasibility Study. https://www.ocwd.com/what-we-do/water-quality/groundwater-cleanup/north-basin/.Accessed January 10,2018. Orange County's Homeland Security. https:Hmedia.ocgov.com/gov/bos/5/info/issues/homeland.asp. Accessed August 23, 2017. Our Coast, Our Future.Interactive Map.http://data.pointblue.org/apps/ocof/cros/index.php?page=flood- map.Accessed August 2017. Robert Olson Associates. (June 1999).Metro Regional Hazard Mitigation and Planning Guide. Rocha,Veronica, LA Times. (September 27,2016). Where is the Holy fire burning? http://www.latimes.com/local/califomia/la-me-updates-wildfire-season-where-is-the-holy-fire- 1472674601-htmistory.html#nt=card. Salazar,Denisse, Orange County Register. (October 7,2013). Silverado fire battle continues overnight. https://www.ocregister.com/2013/10/07/silverado-fire-battle-continues-overnight/. San Diego Union-Tribune. (January 10.2018). Court Settlement looks to move nuclear waste from San Onofre. http://www.sandiegouniontribune.com/business/energy-green/sd-fi-songs-agreement- 20170828-story.html. Accessed January 10, 2018. Southern California Association of Governments,Regional Transportation Plan 2012-2035 Sustainable Communities Strategy, Growth Forecasts,Adopted April 2012 State of California Department of Conservation. http://www.conservation.ca.gov/. State of California, Cal Fire.Incident Results. www.cdfdata.fire.ca.gov. Accessed August 16,2017. Sudock,Joshua,Orange County Register. (June 27, 2016).Laguna Wilderness Parkfire nearing containment; roads open.https://www.ocregister.com/2016/06/27/laguna-wilderness-park-fire- nearing-containment-roads-open/. Final I August 2019 6-3 SECTION SIX References Union of Concerned Scientists. When Rising Seas Hit Home. https://ucsusa.maps.arcgis.com/apps/MapSeries/index.html?appid=64b2cbdO3 a3 d4b87aaddaf65 f 6b33332. United States Climate Resilience Toolkit, The Climate Explorer. https://toolkit.climate.gov/climate- explorer2/. Accessed March 2018. United States Department of Agriculture. (January 2016).Effects of Drought on Forests and Rangelands in the United States:A Comprehensive Science Synthesis. https://www.fs.fed.us/rm/pubs_journals/2016/rmrs_2016_littell_j002.pdf United States Environmental Protection Agency. (December 8,2017).EPA Prioritizes Cleanup of Orange County North Basin Groundwater.https://www.epa.gov/newsreleases/epa-prioritizes- cleanup-orange-county-north-basin-groundwater. Accessed January 10,2018. United States Geological Survey. (May 2000).Landslide Hazards (Fact Sheet 0071-40, Version 1.0). https://pubs.usgs.gov/fs/fs-0071-00/fs-0071-00.pdf. United States Geological Survey. Coastal Storm Modeling System: CoSMoS. https://walrus.wr.usgs.gov/coastal_processes/cosmos/.Accessed August 2017. University of California San Diego, Climate Research Division. (June 1, 2016). Santa Ana. http:/meteora.ucsd.edu/cap/santa_ana.html. Accessed March 2018. Final I August 2019 6— 9/11/2019 2019 Orange County Regional Water & ■ 7m am Wastewater Hazard Mitigation Plan WIN Presented by: Rod Collins, Safety and Health Supervisor =t SEEN& f _ 1 • History • Hazard Mitigation Planning • Plan requirements and process • Overview and benefits • Orange County Regional Water and Wastewater Multi-Jurisdictional Mitigation Plan (HMP) • Benefits of Regional Planning • Framework • Hazard/risk identification • Mitigation strategy • Annex C — Orange County Sanitation District 1 2 9/11/2019 Participating - : Agencies Municipal Water District of City of La Habra Serrano Water District Orange County Orange County Water Laguna Beach County Water South Coast Water District District District Orange County Mesa Water District Trabuco Canyon Sanitation District Water District South Orange County Moulton Niguel Water District City of Westminster Wastewater Authority City of Buena Park City of Newport Beach Yorba Linda Water District El Toro Water District City of Orange City of Garden Grove Santa Margarita Water / District 3 ➢The Disaster Mitigation Act of 2000 requires all cities, counties and special districts to develop and adopt a Hazard Mitigation Plan (HMP)to be eligible to receive federal grants pertaining to disaster mitigation. ➢ In 2005 the Water Emergency Response Organization (WEROC)sought funding with member agencies. ➢ In 2007 the Municipal Water District of Orange County(MWDOC) member agencies prepared the HMP. ➢ In 2012 OCSD Board of Directors approved the updated HMP. ➢This 2019 Plan builds on the original 2007 Plan and the previous 2012 / update. 4 9/11/2019 OverviewHazard Mitigation •Sustained actions taken to reduce or eliminate long- term risk to life and property from hazards What is Hazard Mitigation? •Mitigation actions do NOT stop a hazard from occurring •Mitigation actions REDUCE the impact of a hazard when it occurs •Identifies the natural hazards a community faces What is a Hazard Mitigation Plan? •Assesses the risk/vulnerability to the hazards •Identifies specific actions that can be taken to reduce the risk from the hazards •A hazard mitigation plan in which multiple entities join efforts into one planning process •An HMP benefits participating agencies by facilitating itigation Plan(HMP) cross jurisdictional discussions,collaboration and planning , •Each participating agency in an HMP is approved as a;� independent governing jurisdiction 5 • n Requirements _ • • . Process e" ; • Review and incorporate existing plans, studies, reports, and technical information • Document how the plan was prepared and who was involved • Identify how the plan will be monitored, evaluated, and updated regularly • Provide for continued public participation in plan maintenance • Five-year cycle for FULL updates to 6 9/11/2019 Public •. • Involvement ' -,,-Strategies • Residents/business Identify&profile Capabilities owners hazards o Ability to expand • Government agencies o Description Goals • Community o History Specific actions organizations o Location Actions completed • Schools o Magnitude/severity since last plan • Non-profits o Likelihood • Integration into other • Identify risks planning mechanisms • Potential losses o Critical facilities 7 Benefits ofanUpdated and Approved HMP • Increases awareness of hazards, risk, and vulnerabilities • Identifies actions for risk reduction • Aligns risk reduction with other objectives • Builds partnerships for risk reduction • Focuses resources on the greatest risks 8 9/11/2019 Benefitsof an Updated • Approved • • Communicates priorities to potential funding sources • Enables action to reduce loss of life and property, lessening impact of disasters • FEMA-approved HMP is a condition for receiving certain types of non-emergency disaster funding • 9 Benefits of Regional 7,31 Planning • Standing OC Water and Wastewater Utility Best Practice • Historically • Worked together to improve regional and local reliability and resiliency • Utilize joint or collaborative capital improvement projects, planning processes and emergency management practices • This Plan • Focused only on the agencies that provide drinking water and wastewater services • Greater analysis of the risk as it applies specifically to these services • Project planning driven by the principles of economies of scale • Enhance limitations on risk by working together • Enhances mutual aid planning objectives / 10 9/11/2019 HMP Framework Z" • Introduction and Purpose • Planning Process Documentation • Risk Assessment and Hazard Identification • Mitigation Strategy • Plan Maintenance • Jurisdictional Annexes (Annex C is the OCSD Plan) 11 Regional Risks t • GIS mapping of water/wastewater infrastructure overlaid with hazard maps • Wildfires • Flood • Fault rupture • Earthquakes • Liquefaction/landslides • Tsunamis • Manmade (terrorism, accidental) • Replacement cost and value to the community • Worst-case scenario assuming complete cost of replacement • Relative measure of the impacts of the various hazards / 12 9/11/2019 Annex C: OCSD Hazards & Risks Risk to Infrastructure • Flooding • Lift Stations • Earthquake • Treatment • Liquefaction Plants • Human-Caused • Wastewater Pipeline • Wildfire • Tsunami • Costal Erosion 13 Development of Mitigation Strategy • Reviewed risk and capabilities specific to service area • Mitigation strategies reflect vulnerabilities of critical facilities • Reviewed existing mitigation actions to determine: • Relevant mitigation actions that should remain or be revised • Mitigation actions that are no longer feasible/viable • Mitigation actions that have been completed • New mitigation actions os - 14 9/11/2019 OCSD Mitigation Actions i • Build redundancy into the treatment process • Follow the asset management plan for replacement and refurbishment of facilities • Identify locations & install sensors/alarms for harmful contaminants entering the treatment system • Improve security at higher priority sites • Upgrade supervisory control and data acquisition (SCADA)system to existing sites as needed • Harden and improve physical security • Examine opportunities for online water quality sensing • Perform a seismic study analysis for critical infrastructure 15 Next Steps -S • Immediate Action: • Staff recommends approval and adoption the 2019 Orange County Regional Water and Wastewater Hazard Mitigation Plan (Annex C) • MWDOC will provide Annex C and signed Resolution to FEMA for future grant applications • Over the Next 5 Years: • Staff will integrate the HMP concepts into local hazard mitigation plan (LHMP) • Work on and implement mitigation actions • Apply for mitigation grant funds for projects • Monitor implementation of the plan • Continue community and partner agency involvement • Continue to review and update the plan as applicable / 16 9/11/2019 Questions? Ilk 17 oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 ADMINISTRATION COMMITTEE (714)5937433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-611 Agenda Date: 9/25/2019 Agenda Item No: 13. FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: REIMBURSEMENTS TO BOARD MEMBERS AND STAFF GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file report of reimbursements to Board Members and Staff per Government Code Section 53065.5 for the period July 1, 2018 through June 30, 2019. BACKGROUND Government Code Section 53065.5 requires all Special Districts to disclose any reimbursements paid by the district within the immediately preceding fiscal year of at least one hundred dollars ($100) or more for each individual charge for services or product received. The individual charge includes, but is not limited to, tuition reimbursement; certificate or license reimbursement; or meals, lodging, transportation, or registration fee reimbursed to any employee or member of the governing body of the district. The disclosure requirement shall be fulfilled by including the reimbursement information in a document published or printed at least annually by a date determined by that district and shall be made available for public inspection. Attached is the report of these reimbursements for the fiscal year ended June 30, 2019. RELEVANT STANDARDS • Government Code Section 53065.5 PROBLEM N/A PROPOSED SOLUTION N/A TIMING CONCERNS Orange County Sanitation District Page 1 of 2 Printed on 9/19/2019 powered by LegistarTM File #: 2019-611 Agenda Date: 9/25/2019 Agenda Item No: 13. N/A RAMIFICATIONS OF NOT TAKING ACTION N/A PRIOR COMMITTEE/BOARD ACTIONS September 2018 - Annual report of reimbursements per Government Code Section 53065.5 for the period July 1, 2017 through June 30, 2018. ADDITIONAL INFORMATION N/A CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Report of reimbursements per Government Code Section 53065.5 for the period July 1, 2018 through June 30, 2019 Orange County Sanitation District Page 2 of 2 Printed on 9/19/2019 powered by LegistarTM Orange County Sanitation District Government Code 5 53065-5, Public Disclosure Reports- Reimbursements by OCSD July 1, 2018 through June 30, 2019 Div. Emp# Name Title Amount Description Site Location Duration 160 133276 Abushaban, Randa Regulatory Specialist 2,320.00 Certification Reimbursement 160 153808 Adams,Matt Senior Plant Operator 300.00 Certification Reimbursement 160 163475 Aguilar,Janine M. Human Resources Supervisor 750.56 Cornerstone Training San Diego, CA 6/3-6/5/19 220 267151 Alvarez,Angela N. Principal Accountant 254.00 Membership Renewal 840 8133 Amezcua, Gerardo Operations Supervisor 106.20 Employee Appreciation Lunch 160 676289 Anagnostou,Asterios K. Operator In Training 120.00 Certification Reimbursement 160 676289 Anagnostou,Asterios K. Operator In Training 155.00 Certification Reimbursement 830 676289 Anagnostou,Asterios K. Operator In Training 119.55 Tuition Reimbursement 160 256196 Baker, Charles Eddie Chief Plant Operator 150.00 Certification Reimbursement 110 630521 Barela, Gilbert G. Senior Mechanic 542.05 Tri-State Conference Las Vegas, NV 9/24-9/27/18 110 630521 Barela, Gilbert G. Senior Mechanic 760.12 CWEA Annual Conference Palm Springs, CA 4/9-4/12/19 160 630521 Barela, Gilbert G. Senior Mechanic 102.00 Certification Reimbursement 160 630521 Barela, Gilbert G. Senior Mechanic 135.00 Certification Reimbursement 870 630521 Barela, Gilbert G. Senior Mechanic 10,008.36 Tuition Reimbursement 875 9128 Basrai, Shabbir S. Senior Engineer 210.11 Food for Analysis Presentation 870 678111 Bassett, Natalia A. Engineer 712.69 Factory Equipment Testing Seneca, NC 1/27- 1/29/19 160 678111 Bassett, Natalia A. Engineer 115.00 Certification Reimbursement 822 7835 Bell, Robert M. Maintenance Supervisor 188.61 Food for Main St. Pump Station Emergency 2/13-2/14/19 110 673871 Bernstein,Allan L. Board of Directors 1,260.26 CASA Annual Conference Monterey, CA 8/8-8/10/18 110 673871 Bernstein,Allan L. Board of Directors 737.05 Lobby Days Meeting Washington, DC 6/17-6/19/19 160 674507 Beutler, Brett L. Senior Plant Operator 365.00 Certification Reimbursement 160 7528 Bingman, Brian Engineering Supervisor 115.00 Certification Reimbursement 230 360516 Blakeley, Gregory R. Buyer 320.71 CAPPO Annual Conference Sacramento, CA 1/13- 1/18/19 160 678663 Bontems, Baylee E. Human Resources Analyst 815.40 Cornerstone Training San Diego, CA 6/3-6/5/19 110 677880 Boyce, Jason R. Senior Mechanic 655.74 Tri-State Conference Las Vegas, NV 9/24-9/27/18 160 663533 Brown,Andrew P. Engineer 115.00 Certification Reimbursement 160 9110 Brown, Jeffrey Senior Engineer 116.00 Certification Reimbursement 160 9110 Brown, Jeffrey Senior Engineer 200.00 Certification Reimbursement 160 682953 Caballero, Steven Electrical Technician 1 170.00 Certification Reimbursement 110 164718 Cabral, James Maintenance Supervisor 419.17 Leadership Training Hillsboro, OR 4/1 -4/3/19 820 164718 Cabral, James Maintenance Supervisor 104.97 Site Visit Las Vegas, NV 1/22/19 820 164718 Cabral, James Maintenance Supervisor 334.88 CWEA Meeting Morro Bay, CA 7/27-7/29/18 110 164718 Cabral, James Maintenance Supervisor 318.86 Leadership Training Seattle,WA 5/6- 5/9/19 110 164718 Cabral, James Maintenance Supervisor 570.41 Leadership Training Spokane,WA 3/4- 3/6/19 110 164718 Cabral, James Maintenance Supervisor 501.27 Leadership Training Tacoma,WA 2/4-2/6/19 160 164718 Cabral, James Maintenance Supervisor 102.00 Certification Reimbursement 140 111202 Cabral, Jennifer M. Public Affairs Supervisor 635.42 CASA Winter Conference Indian Wells, CA 1/23- 1/25/19 140 111202 Cabral, Jennifer M. Public Affairs Supervisor 1,237.11 CASA Annual Conference Monterey, CA 8/7-8/10/18 230 648819 Calvo, Reed Lead Storekeeper 2,209.00 Tuition Reimbursement 220 640542 Cardenas, Kim A. Accounting Supervisor 651.36 CSMFO Conference Palm Springs, CA 1/9- 1/11/19 110 104512 Carrillo, Dindo A. Senior Environmental Specialist 587.88 CWEA Annual Conference Palm Springs, CA 4/10-4/12/19 160 662531 Casanova, Clifford E. Senior Plant Operator 255.00 Certification Reimbursement 160 662531 Casanova, Clifford E. Senior Plant Operator 365.00 Certification Reimbursement 760 79935 Cassidy,William D. Engineering Supervisor 370.18 CWEA Board of Directors Meeting La Jolla, CA 1/25- 1/26/19 110 79935 Cassidy,William D. Engineering Supervisor 1,777.98 WEFTEC Conference New Orleans, LA 9/28- 10/4/18 760 79935 Cassidy,William D. Engineering Supervisor 606.38 CWEA Board of Directors Meeting Oakland, CA 6/27-6/29/19 Prepared by: L.Henshaw 1 of 9 8/2/2019 Orange County Sanitation District Government Code 5 53065-5, Public Disclosure Reports- Reimbursements by OCSD July 1, 2018 through June 30, 2019 Div. Emp# Name Title Amount Description Site Location Duration 110 79935 Cassidy,William D. Engineering Supervisor 660.88 CWEA Annual Conference Palm Springs, CA 4/8-4/12/19 110 79935 Cassidy,William D. Engineering Supervisor 765.00 WEFTEC Conference Registration 160 574101 Cecil,Jim D. Plant Operator 150.00 Certification Reimbursement 160 666099 Chandler, Celia M. Director of Human Resources 1,458.23 CALPERLA Conference Monterey, CA 12/4- 12/9/18 160 647251 Chang,Anthony Senior Plant Operator 150.00 Certification Reimbursement 160 647251 Chang,Anthony Senior Plant Operator 255.00 Certification Reimbursement 160 647251 Chang,Anthony Senior Plant Operator 365.00 Certification Reimbursement 161 514087 Chang, Esther H. Senior Plant Operator 173.99 Safety Boots 160 636666 Chang, Frankie Senior Plant Operator 150.00 Certification Reimbursement 160 8766 Cheffs, Peter Lead Mechanic 189.00 Certification Reimbursement 630 558901 Choi, Samuel Environmental Supervisor 1,739.96 ASM Microbe Conference San Francisco, CA 6/20-6/24/19 160 7819 Cleveland, Donald R. Lead Mechanic 189.00 Certification Reimbursement 160 584616 Coghill,Adam D. Senior Engineer 116.00 Certification Reimbursement 110 660084 Collacott, Donald R. Board of Directors 207.82 CSDA Annual Conference Indian Wells, CA 9/24-9/26/18 160 541667 Collett, David M. Senior Plant Operator 225.00 Certification Reimbursement 160 541667 Collett, David M. Senior Plant Operator 230.00 Certification Reimbursement 160 539321 Collins, Rodney L. Safety Et Health Supervisor 150.00 Certification Reimbursement 160 539321 Collins, Rodney L. Safety Et Health Supervisor 160.00 Certification Reimbursement 160 539321 Collins, Rodney L. Safety Et Health Supervisor 160.00 Certification Reimbursement 160 539321 Collins, Rodney L. Safety Et Health Supervisor 230.00 Certification Reimbursement 610 7907 Colston,James E. Director of Environmental Services 152.00 CASA Annual Conference Monterey, CA 8/7-8/10/18 110 7907 Colston,James E. Director of Environmental Services 289.00 WEFTEC Conference New Orleans, LA 9/29- 10/3/18 880 671883 Compton,Travis J. Electrical Technician II 792.33 Tuition Reimbursement 160 109891 Conklin, Gary P. Senior Engineer 115.00 Certification Reimbursement 630 485124 Coss, Ronald J. Environmental Laboratory Et Operations Manager 706.01 NACWA Winter Conference Albuquerque, NM 2/5-2/8/19 630 485124 Coss, Ronald J. Environmental Laboratory Et Operations Manager 584.68 Leadership Center Training Chapel Hill, NC 4/28- 5/10/19 630 485124 Coss, Ronald J. Environmental Laboratory Et Operations Manager 1,454.30 AWWA Conference Nashville,TN 3/4- 3/8/19 630 485124 Coss, Ronald J. Environmental Laboratory Et Operations Manager 1,123.54 NEMC Conference New Orleans, LA 8/5-8/10/18 630 485124 Coss, Ronald J. Environmental Laboratory Et Operations Manager 478.83 NACWA Seminar San Diego, CA 11/14- 11/15/18 160 485124 Coss, Ronald J. Environmental Laboratory Et Operations Manager 190.00 Certification Reimbursement 160 166123 Crafton,Ann M. Principal Staff Analyst 100.00 Certification Reimbursement 160 166123 Crafton,Ann M. Principal Staff Analyst 102.00 Certification Reimbursement 230 166123 Crafton,Ann M. Principal Staff Analyst 188.00 Certification Reimbursement 160 554548 Crider, Suzanne A. Principal Staff Analyst 405.00 Certification Reimbursement 750 554548 Crider, Suzanne A. Principal Staff Analyst 139.00 Membership Renewal 250 654573 Crow, Chad C. Senior Information Technology Analyst 799.49 ICMI Conference Las Vegas, NV 11/12- 11/14/18 160 654573 Crow, Chad C. Senior Information Technology Analyst 405.00 Certification Reimbursement 760 405868 Cuellar, Raul Engineering Supervisor 300.80 NASTT Conference Chicago, IL 3/17- 3/20/19 770 360532 Curry, Ian P. Senior Information Technology Analyst 945.60 Software Training Pullman,WA 8/6-8/10/18 770 360532 Curry, Ian P. Senior Information Technology Analyst 729.90 RTAC Training Vacaville, CA 8/20-8/23/18 160 662400 Cutler, Donald W. Engineering Supervisor 115.00 Certification Reimbursement 160 662400 Cutler, Donald W. Engineering Supervisor 220.00 Certification Reimbursement 160 150981 Dalgoff, Jacob Senior Engineer 115.00 Certification Reimbursement 160 673256 Daniel, Jason A. Engineer 115.00 Certification Reimbursement 620 673256 Daniel, Jason A. Engineer 188.00 Membership Renewal 750 288075 DaSilva,Andy Engineer 328.00 Membership Renewal Prepared by: L.Henshaw 2of9 8/2/2019 Orange County Sanitation District Government Code 5 53065-5, Public Disclosure Reports- Reimbursements by OCSD July 1, 2018 through June 30, 2019 Div. Emp# Name Title Amount Description Site Location Duration 760 288075 DaSilva, Andy Engineer 5,275.42 Tuition Reimbursement 220 646397 DeGuzman, Rhea M. Senior Accountant 1,007.21 CMTA Annual Conference San Diego, CA 4/16-4/19/19 140 637669 Deterding, Gregg J. Graphics Coordinator 198.28 Adobe Conference Los Angeles, CA 10/15- 10/17/18 140 637669 Deterding, Gregg J. Graphics Coordinator 134.33 Holiday Supplies 630 670258 Diaz,Absalon H. Environmental Specialist 7,663.94 Tuition Reimbursement 630 96903 Diaz,Arturo Principal Environmental Specialist 180.00 Membership Renewal 250 678401 Diaz,Joanne F. Data Management Technician 1 629.11 Autodesk University Training Las Vegas, NV 11/13- 11/15/18 110 682401 Dilliner, Dennis L. Source Control Inspector II 547.95 Tri-State Conference Las Vegas, NV 9/24-9/27/18 620 682401 Dilliner, Dennis L. Source Control Inspector II 224.11 Environmental Crimes Training San Luis Obispo, CA 4/30- 5/10/19 620 682401 Dilliner, Dennis L. Source Control Inspector II 1,340.11 P3S Conference Seaside, CA 2/10-2/13/19 160 113953 Dix,Martin A. Engineering Supervisor 115.00 Certification Reimbursement 760 113953 Dix,Martin A. Engineering Supervisor 129.00 Certification Reimbursement 160 417130 Dorman,Michael T. Engineering Manager 116.00 Certification Reimbursement 830 635743 Downer, Sid M. Senior Plant Operator 217.55 Tuition Reimbursement 620 649900 Dragan, Bryce Principal Environmental Specialist 1,424.37 P3S Conference Seaside, CA 2/10-2/13/19 620 649900 Dragan, Bryce Principal Environmental Specialist 111.60 Carts for Division 160 673096 Duarte, Stephen P. Plant Operator 125.00 Certification Reimbursement 830 673096 Duarte, Stephen P. Plant Operator 119.55 Tuition Reimbursement 630 669581 Dudek,Marta A. Environmental Specialist 8,126.76 Tuition Reimbursement 160 541632 Durieux, Shelley J. Senior Human Resources Analyst 100.00 Certification Reimbursement 160 541632 Durieux, Shelley J. Senior Human Resources Analyst 150.00 Certification Reimbursement 160 681256 Escobar, Kevin A. Source Control Inspector 1 190.00 Certification Reimbursement 820 2007 Esquer, Mark A. Engineering Manager 894.36 CWEA Meeting Morro Bay, CA 7/27-7/29/18 160 2007 Esquer,Mark A. Engineering Manager 115.00 Certification Reimbursement 630 122340 Farmer,Michele Principal Environmental Specialist 1,892.34 AWWA Conference Nashville,TN 3/3- 3/8/19 110 122340 Farmer,Michele Principal Environmental Specialist 437.87 CWEA Annual Conference Palm Springs, CA 4/10-4/11/19 630 122340 Farmer,Michele Principal Environmental Specialist 205.00 Membership Renewal 630 122340 Farmer,Michele Principal Environmental Specialist 328.00 Membership Renewal 740 660287 Fenton,Justin M. Senior Engineer 664.68 WEF Conference Indianapolis, IN 6/1 -6/8/19 750 660287 Fenton,Justin M. Senior Engineer 2,324.67 Tuition Reimbursement 160 573221 Fernandez, Birger L. Engineer 200.00 Certification Reimbursement 760 573221 Fernandez, Birger L. Engineer 263.00 Membership Renewal 630 417172 Ferraro, Benjamin J. Senior Environmental Specialist 1,271.68 SETAC Annual Meeting Sacramento, CA 11/4- 11/8/18 830 2015 Ferry, Cynthia L. Administrative Assistant 248.68 BBQ Covers 630 404081 Finch, Joel C. Senior Environmental Specialist 2,606.28 Tuition Reimbursement 620 683796 Finkelstein, Brian P. Associate Engineer 1,287.82 P3S Conference Seaside, CA 2/10-2/13/19 160 2020 Fisher, Dean M. Engineering Manager 116.00 Certification Reimbursement 160 2020 Fisher, Dean M. Engineering Manager 150.00 Certification Reimbursement 160 2020 Fisher, Dean M. Engineering Manager 200.00 Certification Reimbursement 161 681088 Frattali, John M. Senior Safety Et Health Representative 126.32 HazMat Training Ontario, CA 3/26- 3/28/19 160 681088 Frattali, John M. Senior Safety Et Health Representative 170.00 Certification Reimbursement 160 681088 Frattali, John M. Senior Safety Et Health Representative 243.00 Certification Reimbursement 160 681088 Frattali, John M. Senior Safety Et Health Representative 270.00 Certification Reimbursement 875 675201 Freeman, Jesse M. Maintenance Specialist 294.84 Cross Connection Training Los Angeles, CA 1/28-2/1/19 160 675201 Freeman, Jesse M. Maintenance Specialist 275.00 Certification Reimbursement 870 675201 Freeman, Jesse M. Maintenance Specialist 182.00 Tuition Reimbursement Prepared by: L.Henshaw 3of9 8/2/2019 Orange County Sanitation District Government Code 5 53065-5, Public Disclosure Reports- Reimbursements by OCSD July 1, 2018 through June 30, 2019 Div. Emp# Name Title Amount Description Site Location Duration 160 336348 French,John W. Engineer 265.00 Certification Reimbursement 875 336348 French,John W. Engineer 130.00 Membership Renewal 875 336348 French,John W. Engineer 262.00 Membership Renewal 875 336348 French,John W. Engineer 270.00 Membership Renewal 110 648421 Frost,April Operations Supervisor 1,021.71 CWEA Annual Conference Palm Springs, CA 4/9-4/12/19 830 648421 Frost,April Operations Supervisor 7,035.00 Tuition Reimbursement 160 408049 Gabriel, Lawrence C Plant Operator 150.00 Certification Reimbursement 110 397301 Gadzinski,Joscelynn M. Plant Operator 381.30 Tri-State Conference Las Vegas, NV 9/25-9/27/18 840 397301 Gadzinski,Joscelynn M. Plant Operator 3,674.30 Tuition Reimbursement 110 681248 Garcia,Manuel E. Mechanic 532.37 Tri-State Conference Las Vegas, NV 9/24-9/27/18 820 681248 Garcia,Manuel E. Mechanic 333.79 CWEA Meeting Morro Bay, CA 7/27-7/29/18 880 678575 Gass, Beck T. Senior Mechanic 200.00 Membership Renewal 620 568641 Gerber, Harold T. Engineering Supervisor 158.00 Membership Renewal 620 568641 Gerber, Harold T. Engineering Supervisor 188.00 Membership Renewal 110 71221 Ghirelli, Robert P. Assistant General Manager 610.80 CASA Annual Conference Monterey, CA 8/8-8/10/18 760 497900 Gilbert,William L. Construction Inspection Supervisor 286.36 EduCode Training Las Vegas, NV 3/10- 3/12/19 160 131801 Gober, Charles F. Construction Inspector 365.00 Certification Reimbursement 4011700 131801 Gober, Charles F. Construction Inspector 109.46 Tools for Project J-117 160 184831 Gomez, Ruben A. Senior Construction Inspector 145.00 Certification Reimbursement 110 674689 Gonzales, Jed C. Maintenance Superintendent 744.69 WEFTEC Conference New Orleans, LA 9/29- 10/3/18 870 674689 Gonzales, Jed C. Maintenance Superintendent 995.00 Tuition Reimbursement 160 3022 Gonzalez, John G. Maintenance Supervisor 102.00 Certification Reimbursement 110 679041 Gonzalez,Victor Senior Mechanic 531.03 Tri-State Conference Las Vegas, NV 9/24-9/27/18 160 679041 Gonzalez,Victor Senior Mechanic 275.00 Certification Reimbursement 820 294491 Grande, Steve Senior Mechanic 322.89 CWEA Meeting Morro Bay, CA 7/27-7/29/18 630 459971 Haney, Lisa Regulatory Specialist 777.52 NACWA Winter Conference Albuquerque, NM 2/5-2/8/19 630 459971 Haney, Lisa Regulatory Specialist 859.88 CASA Winter Conference Indian Wells, CA 1/23- 1/25/19 630 459971 Haney, Lisa Regulatory Specialist 229.30 State Water Resources Control Board Meeting Sacramento, CA 10/23 - 10/24/18 830 11199 Haworth,Michael T. Operations Supervisor 110.95 Certification Reimbursement 160 384497 Hawthorne, Donald A. Reliability Maintenance Technician 135.00 Certification Reimbursement 830 274263 Hendy,Thomas S. Senior Plant Operator 224.12 Tuition Reimbursement 110 5019 Herberg, James D. General Manager 141.20 NACWA Annual Meeting Boston,MA 7/23-7/26/18 110 5019 Herberg, James D. General Manager 444.70 CASA Winter Conference Indian Wells, CA 1/23- 1/25/19 110 5019 Herberg, James D. General Manager 809.48 Lobby Days Meeting Washington, DC 6/17-6/19/19 110 675251 Hernandez,Angel J. Lead Instrumentation Technician 542.05 Tri-State Conference Las Vegas, NV 9/24-9/27/18 250 678399 Hino,Michael R. Senior Information Technology Analyst 731.22 ESRI Summit Palm Springs, CA 3/5- 3/7/19 110 678399 Hino,Michael R. Senior Information Technology Analyst 936.47 ESRI Conference San Diego, CA 7/10-7/12/18 220 663921 Hockensmith, Bryce K. Senior Accountant 47566.27 Tuition Reimbursement 870 627516 Hoffman, Richard W. Electrical Technician II 260.23 Boiler Training Oxnard, CA 5/14- 5/15/19 2009200 185885 Holdman, Robert Senior Construction Inspector 579.17 Equipment Testing for Project P2-92 Ashland, OH 8/13-8/16/18 160 674486 Hooks, Dereck L. Plant Operator 225.00 Certification Reimbursement 160 674486 Hooks, Dereck L. Plant Operator 230.00 Certification Reimbursement 220 172486 Hsiao, Lina Accounting Supervisor 417.76 GFOA Annual Conference Los Angeles, CA 5/20- 5/21/19 220 172486 Hsiao, Lina Accounting Supervisor 543.36 CSMFO Conference Palm Springs, CA 1/9- 1/11/19 160 172486 Hsiao, Lina Accounting Supervisor 120.00 Certification Reimbursement 160 487761 Huts,Michael R Lead Plant Operator 255.00 Certification Reimbursement Prepared by: L.Henshaw 4of9 8/2/2019 Orange County Sanitation District Government Code 5 53065-5, Public Disclosure Reports- Reimbursements by OCSD July 1, 2018 through June 30, 2019 Div. Emp# Name Title Amount Description Site Location Duration 160 487761 Huts,Michael R Lead Plant Operator 365.00 Certification Reimbursement 161 683948 Huynh, Brian Safety Et Health Representative 125.28 HazMat Training Ontario, CA 3/26- 3/28/19 161 683948 Huynh, Brian Safety Et Health Representative 1,153.85 Fall Protection Training San Diego, CA 6/23-6/27/19 160 298273 Jaime,Aurelio Senior Mechanic 255.00 Certification Reimbursement 840 664659 Jones, Christopher N. Plant Operator 295.00 Certification Reimbursement 110 683294 Jovenal,Jerome F. Source Control Inspector II 514.05 Tri-State Conference Las Vegas, NV 9/24-9/27/18 620 683294 Jovenal,Jerome F. Source Control Inspector II 1,348.91 P3S Conference Seaside, CA 2/10-2/13/19 110 9494 Kardos, Dionne Data Management Technician II 160.75 ESRI Conference San Diego, CA 7/11/18 160 9540 Kenerson, Roger A. Senior Plant Operator 150.00 Certification Reimbursement 160 121355 Khublall, Hardat S. Senior Engineer 200.00 Certification Reimbursement 750 121355 Khublall, Hardat S. Senior Engineer 200.00 Membership Renewal 630 670936 Kiang, Yen-Po Senior Environmental Specialist 7,631.20 Tuition Reimbursement 770 273084 Killion,Matthew J. Principal Information Technology Analyst 899.45 Software Training Pullman,WA 8/6-8/10/18 770 273084 Killion,Matthew J. Principal Information Technology Analyst 1,349.31 CISCO Live Conference San Diego, CA 6/10-6/13/19 770 273084 Killion,Matthew J. Principal Information Technology Analyst 833.75 RTAC Training Vacaville, CA 8/20-8/23/18 160 122201 Kim,Jin H. Engineer 115.00 Certification Reimbursement 110 617908 Kim, Peter L. Board of Directors 727.02 Lobby Days Meeting Washington, DC 6/17-6/19/19 160 110103 Kleinbergs, Mila S. Senior Engineer 115.00 Certification Reimbursement 120 667817 Knapp,Tina Assistant Clerk of the Board 378.31 Master Municipal Clerk Training San Jose, CA 2/5-2/11/19 120 667817 Knapp,Tina Assistant Clerk of the Board 1,312.02 CSDA Conference South Lake Tahoe, CA 10/21 - 10/25/18 250 150893 Krzysiak, Paul Principal Information Technology Analyst 319.59 Replace Disaster Recovery Equipment Las Vegas, NV 7/4-7/5/19 250 150893 Krzysiak, Paul Principal Info Tech Analyst 1,016.89 CISCO Live Conference San Diego, CA 6/9-6/14/19 110 577782 Kyi,May T. Senior Engineer 1,917.81 WEFTEC Conference New Orleans, LA 9/28- 10/7/18 160 577782 Kyi,May T. Senior Engineer 116.00 Certification Reimbursement 110 577782 Kyi,May T. Senior Engineer 725.00 WEFTEC Conference Registration 770 89914 Lapite, Elizabeth A. Administrative Assistant 1,442.70 Tuition Reimbursement 770 667614 Leak,Anthony D. Construction Inspector 173.00 Overcurrent Protection Training Reimbursement 160 80055 Lin,John H. Senior Engineer 115.00 Certification Reimbursement 140 655461 Long, Rebecca Senior Public Affairs Specialist 124.99 CASA Federal Legislative Meeting Sacramento, CA 12/7/19 140 655461 Long, Rebecca Senior Public Affairs Specialist 1,462.34 CASA DC Policy Forum Washington, DC 2/24-2/27/19 140 655461 Long, Rebecca Senior Public Affairs Specialist 126.87 Supplies for ACCOC Meeting 8 Tour 840 3532 Losurdo, Linda Administrative Assistant 136.83 Printer Toner 161 672587 Maldonado,Miguel A. Electrical Technician II 170.00 Safety Boots 160 385422 Mansell II, Selwyn D. Operations Supervisor 150.00 Certification Reimbursement 840 385422 Mansell II, Selwyn D. Operations Supervisor 111.41 Employee Appreciation Lunch 630 282589 Manzella, Joseph Principal Environmental Specialist 858.92 Environmental Accreditation Forum Milwaukee,WI 1/27- 1/31/19 630 282589 Manzella, Joseph Principal Environmental Specialist 2,381.25 Tuition Reimbursement 250 660666 Manzo,Mark A. Information Technology Analyst III 1,176.70 SharePoint Conference Las Vegas, NV 5/18- 5/23/19 160 153533 Maravilla, Laura Human Resources& Risk Manager 150.00 Certification Reimbursement 160 2033 Martinez, Denise M. Principal Human Resources Analyst 879.34 NEOGOV Conference Las Vegas, NV 10/9- 10/12/18 161 685521 Mauge, Lucien R. Safety Et Health Specialist 1,210.12 VPPPA Summit Tucson,AZ 4/14-4/18/19 160 2040 May,Todd A. Maintenance Specialist 100.00 Certification Reimbursement 160 676713 Mayne, Cory J. Electrical Technician I 275.00 Certification Reimbursement 620 2049 McKinley, Lorinda Senior Environmental Specialist 160.00 Membership Renewal 620 2049 McKinley, Lorinda Senior Environmental Specialist 199.00 Membership Renewal 620 2049 McKinley, Lorinda Senior Environmental Specialist 200.00 Membership Renewal Prepared by: L.Henshaw 5of9 8/2/2019 Orange County Sanitation District Government Code 5 53065-5, Public Disclosure Reports- Reimbursements by OCSD July 1, 2018 through June 30, 2019 Div. Emp# Name Title Amount Description Site Location Duration 870 643241 McMurdy, Adam M. Senior Mechanic 230.80 Tuition Reimbursement 840 528825 Melby,Mark Operations Supervisor 735.48 Tuition Reimbursement 110 624016 Mendez,Marcos D. Data Management Technician II 629.05 ESRI Conference San Diego, CA 7/11 -7/12/18 630 73445 Meregillano,Tom B. Senior Regulatory Specialist 855.61 WEF Biosolids Conference Ft. Lauderdale, FL 5/7- 5/10/19 630 73445 Meregillano,Tom B. Senior Regulatory Specialist 831.99 CASA Annual Conference Monterey, CA 8/7-8/9/18 630 73445 Meregillano,Tom B. Senior Regulatory Specialist 122.25 CASA Meeting Sacramento, CA 7/11/18 250 149155 Michaels, Robert Information Technology Supervisor 602.08 MISAC Conference Rancho Mirage, CA 9/30- 10/3/18 110 149155 Michaels, Robert Information Technology Supervisor 645.08 ESRI Conference San Diego, CA 7/10-7/11/18 710 4049 Millea, Kathleen T. Director of Engineering 623.87 AAEES Awards Conference Washington, DC 4/24-4/28/19 160 4049 Millea, Kathleen T. Director of Engineering 115.00 Certification Reimbursement 840 131684 Milligan, Shane P. Power Plant Operator II 188.00 Membership Renewal 750 574944 Mohr,Jeffrey D. Engineering Manager 129.00 Membership Renewal 750 574944 Mohr,Jeffrey D. Engineering Manager 320.00 Membership Renewal 110 574944 Mohr, Jeffrey D. Engineering Manager 550.00 WEFTEC Conference Registration 875 124661 Moinuddin, Riaz K. Engineering Manager 203.00 Membership Renewal 760 664843 Moore, Brad A. Senior Engineer 956.01 NASTT Conference Chicago, IL 3/17- 3/20/19 160 664843 Moore, Brad A. Senior Engineer 115.00 Certification Reimbursement 110 37014 Murthy, Umesh N. Engineering Supervisor 607.41 Tri-State Conference Las Vegas, NV 9/24-9/27/18 160 37014 Murthy, Umesh N. Engineering Supervisor 162.00 Certification Reimbursement 160 37014 Murthy, Umesh N. Engineering Supervisor 200.00 Certification Reimbursement 110 64362 Myers, Dawn K. Senior Environmental Specialist 103.00 CWEA Annual Conference Palm Springs, CA 4/10/19 630 64362 Myers, Dawn K. Senior Environmental Specialist 201.51 Fed Ex Shipping Costs 630 64362 Myers, Dawn K. Senior Environmental Specialist 174.75 Tuition Reimbursement 160 671891 Namini, Shahrzad F. Senior Engineer 115.00 Certification Reimbursement 750 671891 Namini, Shahrzad F. Senior Engineer 175.00 Membership Renewal 160 653749 Nasrollahi, Nasrin Senior Engineer 115.00 Certification Reimbursement 160 123781 Nau,Andrew H. Human Resources Supervisor 678.41 CALPERLA Conference Monterey, CA 12/4- 12/7/18 160 289220 Navarrette, Derek G. Automotive/Heavy Equip Technician 157.20 Certification Reimbursement 0207200 4501 Nazaroff,Adam A. Engineering Supervisor 125.00 ASCE Awards Dinner Anaheim, CA 2/21/19 160 4501 Nazaroff,Adam A. Engineering Supervisor 115.00 Certification Reimbursement 740 4501 Nazaroff,Adam A. Engineering Supervisor 170.25 Employee Appreciation Lunch 740 4501 Nazaroff,Adam A. Engineering Supervisor 139.41 Employee Appreciation Lunch 160 4008 Nguyen, Huan-Hoang Senior Engineer 115.00 Certification Reimbursement 250 671171 Nguyen,Man D. Information Technology Analyst III 192.00 SANS Network Training Anaheim, CA 2/11 -2/16/19 250 671171 Nguyen,Man D. Information Technology Analyst III 1,125.24 EnCase Discovery Training Pasadena, CA 6/24-6/28/19 250 671171 Nguyen,Man D. Information Technology Analyst III 1,649.66 SANS Conference San Diego, CA 11/11 - 11/17/18 110 4010 Nguyen, Quynh D. Engineering Associate 325.64 ESRI Conference San Diego, CA 7/10-7/11/18 160 168381 Padilla, Gilbert Senior Mechanic 275.00 Certification Reimbursement 250 662063 Paik, Sang Principal Information Technology Analyst 1,145.79 Quayls Conference Las Vegas, NV 11/11 - 11/15/18 250 662063 Paik, Sang Principal Information Technology Analyst 1,664.78 SANS Conference San Diego, CA 5/8- 5/13/19 160 609191 Palazuelos, Raul R. Construction Inspector 500.00 Certification Reimbursement 160 609191 Palazuelos, Raul R. Construction Inspector 569.53 Certification Reimbursement 160 103851 Patel,Madankumar B. Senior Engineer 116.00 Certification Reimbursement 160 103851 Patel,Madankumar B. Senior Engineer 116.00 Certification Reimbursement 250 125233 Patel, Purvi R. Senior Information Technology Analyst 298.29 Disaster Recovery Site Visit Las Vegas, NV 12/19- 12/20/18 820 687041 Patlan, Emanuel Maintenance Worker 206.38 Lodging during Main St. Emergency 2/13/19 Prepared by: L.Henshaw 6of9 8/2/2019 Orange County Sanitation District Government Code 5 53065-5, Public Disclosure Reports- Reimbursements by OCSD July 1, 2018 through June 30, 2019 Div. Emp# Name Title Amount Description Site Location Duration 630 642521 Pavia, Paulo R. Senior Environmental Specialist 6,922.21 Tuition Reimbursement 630 3539 Phonsiri,Vanh Principal Environmental Specialist 994.61 SETAC Annual Meeting Sacramento, CA 11/4- 11/7/18 110 3540 Phuong, Ddaze Lead Plant Operator 782.71 Tri-State Conference Las Vegas, NV 9/24-9/27/18 110 3540 Phuong, Ddaze Lead Plant Operator 307.22 CWEA Annual Conference Palm Springs, CA 4/9-4/12/19 750 277093 Pilko,Victoria Construction In Progress Project Manager 100.00 OCEC Award Banquet 2/16/19 110 667956 Powell,Jonathon E. Associate Engineer 962.00 CWEA Annual Conference Palm Springs, CA 4/8-4/12/19 110 667956 Powell,Jonathon E. Associate Engineer 374.11 ESRI Conference San Diego, CA 7/11 -7/12/18 620 667956 Powell,Jonathon E. Associate Engineer 547.00 P3S Conference Seaside, CA 2/10-2/13/19 160 667956 Powell,Jonathon E. Associate Engineer 179.00 Certification Reimbursement 160 664608 Preciado, Elvira Plant Operator 150.00 Certification Reimbursement 160 675673 Radvar, Giti Senior Engineer 115.00 Certification Reimbursement 760 669484 Ramos, Gloria Administrative Assistant 7,122.00 Tuition Reimbursement 750 664851 Ratto, Valerie I. Senior Engineer 670.15 CWEA Board of Directors Meeting La Jolla, CA 1/24- 1/26/19 110 664851 Ratto,Valerie I. Senior Engineer 1,599.64 CWEA Annual Conference Palm Springs, CA 4/8-4/12/19 830 3558 Reed, Brian K. Principal Environmental Specialist 707.31 Optical Gas Imaging Training Phoenix,AZ 2/11 -2/14/19 630 682726 Renick,Violet M. Senior Scientist 1,009.35 SETAC Annual Meeting Sacramento, CA 11/4- 11/7/18 160 633457 Riley, Cory J. Plant Operator 150.00 Certification Reimbursement 630 4076 Robertson, George L. Senior Scientist 857.92 IEEEC Conference San Diego, CA 3/1 - 3/13/19 630 4076 Robertson, George L. Senior Scientist 469.09 Oceanology International Conference San Diego, CA 2/25-2/27/19 630 667729 Robledo, Joseph P. Senior Environmental Specialist 1,270.00 Tuition Reimbursement 840 255775 Rocha, Milton Lead Plant Operator 1,332.99 Tuition Reimbursement 160 4077 Rodriguez, David Engineer 102.00 Certification Reimbursement 160 4077 Rodriguez, David Engineer 102.00 Certification Reimbursement 160 4077 Rodriguez, David Engineer 115.00 Certification Reimbursement 160 4077 Rodriguez, David Engineer 200.00 Certification Reimbursement 760 4077 Rodriguez, David Engineer 188.00 Membership Renewal 870 651807 Rosas, Henry M. Lead Electrical Technician 234.16 Raypak(HVAC)Training Oxnard, CA 7/24-7/25/18 160 680077 Rose, George M. Power Plant Operator II 165.00 Certification Reimbursement 830 680077 Rose, George M. Power Plant Operator II 180.00 Membership Renewal 875 109250 Sabri, Julian F. Engineering Supervisor 141.75 Approach to Leadership Training Anaheim, CA 4/2/19 875 109250 Sabri, Julian F. Engineering Supervisor 270.75 PMI Conference Los Angeles, CA 10/2- 10/5/18 630 4085 Sakamoto, Ken A. Senior Environmental Specialist 260.77 ESRI GIS Forum Redlands, CA 11/6- 11/8/18 110 4085 Sakamoto, Ken A. Senior Environmental Specialist 352.89 ESRI Conference San Diego, CA 7/10-7/11/18 630 4085 Sakamoto, Ken A. Senior Environmental Specialist 200.76 Food for Nerrisa Trawl 630 4085 Sakamoto, Ken A. Senior Environmental Specialist 337.09 Food for Nerrisa Trawl 630 4085 Sakamoto, Ken A. Senior Environmental Specialist 200.20 Food for Nerrisa Trawl 630 4085 Sakamoto, Ken A. Senior Environmental Specialist 418.87 Food for Nerrisa Trawl 630 4085 Sakamoto, Ken A. Senior Environmental Specialist 385.00 Food for Nerrisa Trawl 250 624032 Saqui,Annalisa S. Information Technology Analyst III 259.08 ESRI GIS Forum Redlands, CA 11/7/18 110 624032 Saqui,Annalisa S. Information Technology Analyst III 917.61 ESRI Conference San Diego, CA 7/10-7/12/18 820 107553 Savedra, Ernest R. Lead Mechanic 346.87 CWEA Meeting Morro Bay, CA 7/27-7/29/18 140 177501 Schiefelbein, Cheryl Administrative Assistant 225.00 Postal Business Reply Mail account renewal 880 501059 Schuler, Kevin A. Maintenance Superintendent 623.30 SMRP Conference Orlando, FL 10/22- 10/30/18 160 501059 Schuler, Kevin A. Maintenance Superintendent 102.00 Certification Reimbursement 160 501059 Schuler, Kevin A. Maintenance Superintendent 250.00 Certification Reimbursement 880 501059 Schuler, Kevin A. Maintenance Superintendent 170.00 Membership Renewal Prepared by: L.Henshaw 7of9 8/2/2019 Orange County Sanitation District Government Code 5 53065-5, Public Disclosure Reports- Reimbursements by OCSD July 1, 2018 through June 30, 2019 Div. Emp# Name Title Amount Description Site Location Duration 160 366053 Scott, Gregg A. Plant Operator 110.00 Certification Reimbursement 110 156540 Shawver, David Board of Directors 534.06 CASA Winter Conference Indian Wells, CA 1/23- 1/25/19 110 156540 Shawver, David Board of Directors 1,787.79 CASA Annual Conference Monterey, CA 8/7-8/10/18 110 156540 Shawver, David Board of Directors 286.44 Urban Water Conference Palm Springs, CA 2/27- 3/1/19 110 156540 Shawver, David Board of Directors 240.12 Lobby Days Meeting Sacramento, CA 4/4/19 110 156540 Shawver, David Board of Directors 289.33 Urban Water Conference San Diego, CA 8/22-8/24/18 160 4103 Shelp, Curt V. Operations Supervisor 150.00 Certification Reimbursement 161 4103 Shelp, Curt V. Operations Supervisor 154.98 Safety Boots 160 674494 Siddiqui, Shaun A. Plant Operator 190.00 Certification Reimbursement 830 674494 Siddiqui, Shaun A. Plant Operator 218.55 Tuition Reimbursement 161 683809 Singh, Justin R. Safety Et Health Representative 128.06 Hazard WEtM Training Ontario, CA 3/26- 3/28/19 161 683809 Singh, Justin R. Safety Et Health Representative 286.46 OSHA Training San Diego, CA 3/4- 3/6/19 160 683809 Singh, Justin R. Safety Et Health Representative 478.00 Certification Reimbursement 830 672843 Sobhani, Reza Associate Engineer 679.73 WEFTEC Conference Atlanta, GA 2/6-2/8/19 110 672843 Sobhani, Reza Associate Engineer 117.80 CWEA Annual Conference Palm Springs, CA 4/11/19 160 5038 Sohanaki, Roya Engineering Manager 115.00 Certification Reimbursement 110 497512 Solis, Robert C. Senior Mechanic 532.37 Tri-State Conference Las Vegas, NV 9/24-9/27/18 160 497512 Solis, Robert C. Senior Mechanic 195.00 Certification Reimbursement 620 668027 Soriano, Melissa B. Source Control Inspector 1 5,540.96 Tuition Reimbursement 875 351425 Speakman, Steven R. Senior Engineer 195.85 PMI Conference Los Angeles, CA 10/2- 10/5/18 160 5043 Spears, James Operations Manager 150.00 Certification Reimbursement 620 131422 Stacklin, Christopher A. Engineer 963.67 WEFTEC Conference Atlanta, GA 2/5-2/8/19 110 131422 Stacklin, Christopher A. Engineer 2,350.93 WEFTEC Conference New Orleans, LA 9/28- 10/4/18 160 680472 Stewart, James W. Engineer 116.00 Certification Reimbursement 770 680472 Stewart, James W. Engineer 130.00 Membership Renewal 880 336276 Stokes, Don F. Maintenance Manager 1,042.52 International Maintenance Conference Bonita Springs, FL 12/9- 12/13/18 160 336276 Stokes, Don F. Maintenance Manager 102.00 Certification Reimbursement 160 336276 Stokes, Don F. Maintenance Manager 150.00 Certification Reimbursement 160 336276 Stokes, Don F. Maintenance Manager 215.00 Certification Reimbursement 820 336276 Stokes, Don F. Maintenance Manager 170.00 Membership Renewal 161 680659 Stone, Jereme J. Senior Safety Et Health Representative 160.76 Lead Inspector Training Anaheim, CA 12/17- 12/21/18 160 680659 Stone, Jereme J. Senior Safety Et Health Representative 135.00 Certification Reimbursement 161 680659 Stone, Jereme J. Senior Safety Et Health Representative 5,980.00 Tuition Reimbursement 820 253649 Stratmoen, Erik D. Lead Mechanic 532.37 Tri-State Conference Las Vegas, NV 9/24-9/27/18 160 253649 Stratmoen, Erik D. Lead Mechanic 102.00 Certification Reimbursement 110 670653 Suan,Allan Data Management Technician I 174.81 ESRI Conference San Diego, CA 7/10/18 760 676254 Suchor, Glenn W. Senior Construction Inspector 105.00 Membership Renewal 250 5057 Swindler, John W. Information Technology System Et Operations Manager 773.89 Cornerstone Training San Diego, CA 6/3-6/5/19 250 5057 Swindler, John W. Information Technology System Et Operations Manager 257.50 Cyber Security Symposium San Diego, CA 4/1 -4/2/19 110 639103 Tagumasi, Romeo V. Data Management Technician II 169.47 ESRI Conference San Diego, CA 7/10/18 110 366352 Tang, Luc H. Senior Mechanic 575.95 Tri-State Conference Las Vegas, NV 9/24-9/27/18 880 366352 Tang, Luc H. Senior Mechanic 5,220.00 Tuition Reimbursement 160 679682 Tao, Jacqueline Plant Operator 180.00 Certification Reimbursement 880 672827 Taula, Eti Maintenance Supervisor 238.93 Cross Connection Training Los Angeles, CA 1/28-2/1/19 875 668810 Terrell, Brian D. Engineer 3,417.54 Advanced Vibration Analysis Training San Diego, CA 3/11 - 3/15/19 160 668810 Terrell, Brian D. Engineer 115.00 Certification Reimbursement Prepared by: L.Henshaw 8of9 8/2/2019 Orange County Sanitation District Government Code 5 53065-5, Public Disclosure Reports- Reimbursements by OCSD July 1, 2018 through June 30, 2019 Div. Emp# Name Title Amount Description Site Location Duration 160 668810 Terrell, Brian D. Engineer 300.00 Certification Reimbursement 630 130850 Terriquez, Laura A. Senior Environmental Specialist 205.37 ESRI GIS Forum Redlands, CA 11/6- 11/8/18 710 2547 Thompson, Robert C. Assistant General Manager 100.00 ASCE Awards Dinner Anaheim, CA 2/21/19 710 2547 Thompson, Robert C. Assistant General Manager 2,056.78 WaterReuse Symposium Austin,TX 9/7-9/12/18 160 2547 Thompson, Robert C. Assistant General Manager 115.00 Certification Reimbursement 810 2547 Thompson, Robert C. Assistant General Manager 140.00 Food for 08M Meeting 870 83387 Thornburg, Steven M. Maintenance Supervisor 505.55 SMRP Conference Orlando, FL 10/22- 10/25/18 760 682718 Tran, Bao Q. Engineer 188.00 Membership Renewal 250 664763 Trang, Loc T. Senior Information Technology Analyst 1,094.13 HPE Discover Conference Las Vegas, NV 6/17-6/20/19 110 2533 Tsai, Yu-Li Senior Scientist 119.82 CWEA Annual Conference Palm Springs, CA 4/11/19 630 2533 Tsai, Yu-Li Senior Scientist 1,816.47 ASM Microbe Conference San Francisco, CA 6/20-6/24/19 160 116732 Tuiasosopo-Kemper, Gary J. Operations Supervisor 110.00 REIMB WASTEWATER CERT 230 526707 Velasco, Jesse R. Lead Storekeeper 209.49 Tuition Reimbursement 630 381801 Vellucci, Hai-Thao H. Senior Environmental Specialist 178.25 Biosolids Site Visit Yuma,AZ 6/24-6/25/19 630 381801 Vellucci, Hai-Thao H. Senior Environmental Specialist 211.40 Biosolids Site Visit Yuma,AZ 7/23-7/24/18 160 381801 Vellucci, Hai-Thao H. Senior Environmental Specialist 165.00 Certification Reimbursement 630 381801 Vellucci, Hai-Thao H. Senior Environmental Specialist 180.00 Membership Renewal 160 273447 Voss, Betty J. Senior Buyer 250.00 Certification Reimbursement 250 684182 Vu,Thomas T. Information Technology Analyst II 800.78 Cornerstone Training San Diego, CA 6/3-6/5/19 160 2515 Vuong,Michael Operations Supervisor 150.00 Certification Reimbursement 760 678971 Wable, Milind V. Senior Engineer 1,086.04 CWEA Annual Conference Palm Springs, CA 4/9-4/10/19 160 678971 Wable, Milind V. Senior Engineer 200.00 Certification Reimbursement 250 649918 Weedagama,Wasantha Principal Information Technology Analyst 1,213.54 SharePoint Conference Las Vegas, NV 5/18- 5/23/19 250 683905 Weinberg,April L. Information Technology Analyst III 728.16 Maximo Training San Diego, CA 11/5- 11/7/18 250 683905 Weinberg,April L. Information Technology Analyst III 1,082.72 Rules Manager Training San Diego, CA 2/18-2/22/19 840 388949 White,Allen J. Senior Plant Operator 237.10 Tuition Reimbursement 770 569686 Whitney, Robert M. Senior Construction Inspector 567.43 Equipment Testing for Project FE15-07 Pittsburgh, PA 12/10- 12/13/18 770 569686 Whitney, Robert M. Senior Construction Inspector 733.63 Equipment Testing for Project FE15-07 Pittsburgh, PA 2/18-2/22/19 770 569686 Whitney, Robert M. Senior Construction Inspector 274.87 Equipment Testing for Project FE15-07 Reno, NV 12/17- 12/18/18 770 569686 Whitney, Robert M. Senior Construction Inspector 1,833.80 NFPA Conference San Antonio,TX 6/16-6/20/19 770 569686 Whitney, Robert M. Senior Construction Inspector 105.00 Membership Renewal 110 415193 Withers,John B. Board of Directors 208.35 CASA Winter Conference Indian Wells, CA 1/23- 1/24/19 110 415193 Withers,John B. Board of Directors 802.96 Lobby Days Meeting Washington, DC 6/17-6/19/19 160 584561 Wyland, Ryan M. Plant Operator 225.00 Certification Reimbursement 160 584561 Wyland, Ryan M. Plant Operator 295.00 Certification Reimbursement 160 90413 Yager, David M. Source Control Inspector II 179.00 Certification Reimbursement 160 682700 Yanez,Victor J. Engineer 115.00 Certification Reimbursement 740 351409 Yin, Shuang Senior Engineer 154.23 AAES Training Event Los Angeles, CA 10/18- 10/19/18 160 351409 Yin, Shuang Senior Engineer 200.00 Certification Reimbursement 630 121224 Yokoyama, Brandon K. Environmental Technician 655.00 Tuition Reimbursement 160 573247 Yong, Eros Engineering Manager 115.00 Certification Reimbursement 160 573247 Yong, Eros Engineering Manager 200.00 Certification Reimbursement 110 8230 Zedek,Michael I. Engineer 283.93 ESRI Conference San Diego, CA 7/11 -7/12/18 620 8230 Zedek,Michael I. Engineer 1,150.84 Tuition Reimbursement $270,781.87 Prepared by: L.Henshaw 9of9 8/2/2019 oJ�V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 LEGISLATIVE AND PUBLIC AFFAIRS (714)5937433 COMMITTEE 9oTFCTN0 THE Agenda Report File #: 2019-604 Agenda Date: 9/25/2019 Agenda Item No: 14. FROM: James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF JULY AND AUGUST 2019 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the Public Affairs Update for the months of July and August 2019. BACKGROUND Staff will provide an update on recent public affairs activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders and neighboring communities • Listen to and seriously consider community input on environmental concerns PROBLEM Many Californians are not aware of the Orange County Sanitation District (Sanitation District) and the important work we do to keep the environment clean by using the wastewater byproducts to create energy, water recycling, and the use of biosolids. In general, the community and businesses do not realize that when they improperly dispose of waste into the sanitation system, it can negatively affect the work we do and the quality of water we supply for the Groundwater Replenishment System. PROPOSED SOLUTION By providing tours, community outreach, education, and general communication via the Sanitation District's website, social media outlets, and mainstream media, we have the ability to educate the community, local agencies, and businesses on the What2Flush program, energy production, water recycling, biosolids, and our source control program. This, in turn, results in a better quality of Orange County Sanitation District Page 1 of 4 Printed on 9/19/2019 powered by LegistarTM File #: 2019-604 Agenda Date: 9/25/2019 Agenda Item No: 14. wastewater. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community, local agencies, and the area businesses about the Sanitation District, we lose an opportunity to educate thousands of people about our plants, source control, and the wastewater industry as a whole. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION July/August 2019 Activity ft ft of Guests OCSD/OCWD Tours 3 71 OCSD Tours 23 406 Speaking Engagements 1 P0 Events 50 Current Activities - July/August 2019 65th Anniversary Open House The Sanitation District celebrated our 65th Anniversary by having an Open House with booths, games, tours, and more. Over 500 people come to the event with 224 people taking tours. We had 170 volunteers that day. Ribbon Cutting for the Sanitation District Centrifuge Facility We celebrated and toured the Sanitation District's centrifuges, with a ribbon cutting the same day as the Open House. We had over 50 people in attendance from legislative staffers, legislative delegates, and the Board of Directors, to name only a few. Construction Outreach The State College Sewer Construction project in the City of Anaheim has installed about 50 percent of the pipe thus far. Multiple crews are working along the project alignment to expedite construction and minimize impact to the community. Construction on the northern end of the project started this month. Activity is now taking place just south of the 91 freeway and between Ball Road and Vermont Avenue. Neighborhood Bulletins have been distributed to various areas of the project to keep the community informed of the construction activities and the upcoming schedule. Orange County Sanitation District Page 2 of 4 Printed on 9/19/2019 powered by LegistarTM File #: 2019-604 Agenda Date: 9/25/2019 Agenda Item No: 14. Earlier this summer, a community survey was distributed to 14,000 residents, businesses, and schools, in the Seal Beach, Los Alamitos, and Rossmoor neighborhoods regarding the upcoming Los Alamitos Trunk Sewer project. The purpose of the survey was to gather feedback from the community in regards to work hours and work days. The results were outstanding and were shared with the permitting agencies as a part of the design review. This was a great introduction for the community to learn about the Sanitation District and the upcoming project scheduled to begin in 2020. In early August, a valve at the MacArthur Pump Station in the City of Irvine was replaced. While this is considered routine maintenance, a lot of coordination and planning went into the execution of the work. The pump station is located next to John Wayne Airport and, as such, it is a busy area. The activity required 24/7 traffic control over a weekend, and over 2,000 feet of above ground bypass which always carries a level of risk. The work was completed ahead of schedule and without any issues. As part of the Plant No. 2 Outreach Program, a summer issue of the Neighborhood Connection newsletter was distributed to 1,400 homes around Plant No. 2 in Huntington Beach, Newport Beach, and Costa Mesa. We also held a Plant No. 2 tour in August where we invited the neighbors to attend and see what goes on behind the wall. Public Scope Meetings The Sanitation District has begun preparation of the Program Environmental Impact Report to evaluate the potential impacts associated with implementation of its 2017 Wastewater Collection and Treatment Facilities Master Plan, which was updated in 2019. The proposed Facilities Master Plan includes over 80 projects that will take place over the next 20 years at both of our plants and throughout the service area. Two public scoping meetings were held, one at Plant No. 1 and one at Plant No. 2, to solicit feedback from the public. Also, for the first time ever, we offered the option of joining the meetings via an online webinar. The Sanitation District Attends CASA Conference The Board Chairman and General Manager attended the California Association of Sanitation Agencies annual conference in San Diego, August 21-23. They attended sessions covering state and federal legislative updates, crisis communication, and climate change financial impacts. Lan Wiborg, Director of Environmental Services, and Lisa Haney, Regulatory Specialist, gave a presentation on developing opportunities to create new water sources. Upcoming Events: VIP Luncheon On September 10, the Sanitation District will host its VIP Luncheon where over 100 employees and retirees are invited to a special lunch and thanked for all their efforts in volunteering by giving tours, working at community events, and doing speaking engagements over the past year. CEQA N/A FINANCIAL CONSIDERATIONS Orange County Sanitation District Page 3 of 4 Printed on 9/19/2019 powered by LegistarTM File #: 2019-604 Agenda Date: 9/25/2019 Agenda Item No: 14. N/A ATTACHMENT The following attachment(s)may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Outreach Report July-August 2019 • Media Clips July-August 2019 • September 9, 2019 Legislative and Public Affairs Committee Presentation Orange County Sanitation District Page 4 of 4 Printed on 9/19/2019 powered by LegistarTM Outreach Report July/August Date Event Attendees 7/11/2019 CSUF Nursing Tour 27 7/17/2019 Green Tech UCI Tour 15 7/24/2019 San Domenico HS Teachers Tour 22 7/25/2019 CSUF Nursing tour 24 7/27/2019 OCSD Open House Tours 225 7/27/2019 Open House Event 275 7/27/2019 Ribbon Cutting Event 50 7/30/2019 New Employee/Open Tour 20 7/30/2019 Las Virgenes Water Tour 7 7/31/2019 Society of Plumbing Engineers Tour 32 7/31/2019 OC Employee Tour 6 8/5/2019 ASCE-OC Tour 21 8/7/2019 Mayor Foley Tour 3 8/13/2019 Operator Class III Tour 15 8/14/2019 CSUF STEM Tour 30 8/16/2019 Plant 2 Tour 5 8/21/2019 ABCUA Tour 3 8/21/2019 OCWD Speaking Engagement 80 8/22/2019 Congressman Rouda Staff Tour 2 8/28/2019 Director Chafee tour 8 8/29/2019 JAPU Nursing Tour 20 Table of Contents CONSTRUCTION................................................... ................... PAGE 1 July 30, 2019 Car runs into construction equipment in Anaheim By: Alma Fausto Orange County Register GWRS................................................... ............................... PAGE 3 July 24, 2019 Wastewater Treatment with reverse osmosis for sustainability By: Forester Media Staff Forester Media HUMANINTEREST.................................................................... PAGE 6 June 13, 2019 As Californians save more water, their sewers get less and that's a problem By: Gary Pitzer Water Education Foundation June 26, 2019 Local Beaches Get High Marks By: Martin Wisckol Orange County Register July 19, 2019 Seal Beach prepares for flooding By: Martin Wisckol Orange County Register July 31, 2019 Would you drink desalinated seawater? By: Amanda Little Looking for the Light.com HUMAN INTEREST CONT.................................................... ...... PAGE 24 Aug 5, 2019 OCSD's Centrifuge Facility Ribbon Cutting Ceremony By: Michelle Steel Supervisor Michelle Steel 2"d District Updates TWITTER POSTINGS ................................................................ PAGE 26 FACEBOOK POSTINGS ............................................................PAGE 28 INSTAGRAM POSTINGS............................................................PAGE 32 MonthlyClippingsNews Q_ s' o THE EN July/August 2019 OCS D Public Affairs Office OC Register July 30, 2019 OPAN_GE COUNTY � D 1 � Car runs into construction equipment in Anaheim, knocking worker into 20-foot-deep hole By Alma Fausto I afausto@scng.com I Orange County Register PUBLISHED: July 30, 2019 at 1:00 am I UPDATED: July 30, 2019 at 8:09 am Firefighters rescued an injured worker from a 20-feet-deep hole he was knocked into after a car crashed into a construction site in Anaheim Monday night, July 29, authorities said. Urban search-and-rescue teams from Anaheim and Orange were called out to the scene, at State College Boulevard and Ball Road, shortly after the 10:30 p.m. crash, said Battalion Chief Tim Sandifer of Anaheim Fire & Rescue. "The victim had been performing some shoring work in preparation for some sewer reconstruction," Sandifer said. A driver then crashed into the construction site, hitting some equipment, and caused the worker to fall into the hole. He had some musculoskeletal injuries and couldn't get out himself, Sandifer said. Within about an hour, rescuers were able to lift the worker out using a basket and take him to a trauma center. The uninjured driver left the car but was taken into custody by police about a block away. The cause of the crash was under investigation. - � �. I � �� ii �' ; � i • l Ft�~..�, � S�l,- �� _ ice✓�.. - � `� � . -r �w"�,. _ • FForesteredia 19 Wastewater Treatment With Reverse Osmosis for Sustainability As the world moves further towards dangerously low water levels, it demands a solution that can quench the thirst of millions while still maintaining ecological balance. FORESTER MEDIA JULY 24,2019 Earlier in June, a large aquifer was found just off the northeast shore of the U.S. near New York. It is said that the aquifer contains enough water to fill 1.1 billion Olympic swimming pools. This new finding has opened a door to the possibility of more such aquifers hidden beneath the seabeds across the globe. While it is definitely some good news, it is important to note that this cannot be the only alternative to the ever-increasing problem of shortages. And after years of experimenting with various methods, ignoring the idea of recycling wastewater for drinking, it turns out the world today is turning towards just that. Sammy Farag, CEO of AMPAC USA agrees, "Using rejected water through sewage treatment was not acceptable by many around 10 years ago. But look at the situation today, countries and companies have begun using it to fulfill their needs and not many have a problem. The change from the past 10 years is that the shortage of such an essential element was not a pressing matter then. Today,you cannot turn a page in the newspaper or ignore a post on your phones about the water crisis and climate change." 3 And it seems to be as real as it can get. BBC released a possible list of cities that are in danger of running out of essential water to drink, and in the past year, more cities have been added to the list. All over the world, cities are either waiting for the dark clouds to pour some rain in a drought or struggling for their lives while running from floods. The climate has gone haywire all over the world and the mismanagement of water could be a contributing cause. Here is where sewage treatment can help with the troubles. Wastewater Treatment This is a procedure where rejected water from industries, or possibly an entire city, is brought to a facility to be treated. The water goes through an elaborate process of filtration, which, today, is most commonly reverse osmosis. While the process does have its own downsides related to rejection, it never disappoints in quality, which is probably why the requirements to get such plants or systems installed in industries is a topic gaining heat. "AMPAC USA,for the past 30 years, has been serving customers with the best quality wastewater treatment systems.And we can easily say the orders have skyrocketed in the past five years. Before, not many customers opted for these products because of the taboo associated with it," says Farag. But what could be the reason for a sudden change in its popularity? "The major reason can be associated with the increasing price of water for industries and the decreased availability. Countries and businesses both began working out strategies that could help them save water and money, respectively.Additionally,for industries, it could be a way of getting in the good graces of their customers and regulatory authorities, as governments began giving incentives for sustainability. It is a good cause, and so it had to eventually gain popularity," added Farag. And this does reflect in the number of industries that have opted for a wastewater treatment solution as part of their strategy to satisfy their needs. The Rejected Becomes The Accepted The acceptance began when a large beer brewing company showcased its products made from reclaimed water. Stone Brewing Company is near San Diego and is one of the largest in California. They worked with the treatment plant in the city to make beer. The program, called Pure Water San Diego, led to the launch of Full Circle Pale Ale, which was a beer made from reclaimed waters in San Diego. This was in 2017 when San Diego officials, including Mayor Kevin Faulconer, were happy with the experiment and hoped, together, they could achieve their goal of providing one-third of the city's demand from reclaimed waters by 2035. Although A this experiment was only for the event, local brewery owners did take notice. Coming from a big company like Stone, other smaller breweries began investing in treatment systems that turn waste into pure drinking water. "And especially for beer breweries, it is a win-win!Every brewer will tell you that water controls the taste of beer and so if they could use reclaimed water for their production, it could give their beer unique taste. This can easily give them an edge over their other competitors," says Farag. Positive Reception It seems that countries all over the world are now warming up to this process that employs reverse osmosis for purification. The two biggest industries in China, for instance, currently employ reverse osmosis for recycling their waste. The coal and chemical industry in the country faced many challenges while employing the process, but it eventually led them to innovative RO elements. Even in India, the capital New Delhi has now installed new sewage treatment plants to provide for the city each day. The good news is now everyone is working towards making potable water available, not only to people or for industries but for the planet too. Disneyland recycles wastewater for all its rides and has been in partnership with the Orange County Water District (OCWD) for 10 years now. The water used in the park goes to the OCWDs Groundwater Replenishment System, which ensures regular refills of aquifers. The County does it by using state-of-the-art treatment systems. While Disneyland takes a different approach, most of the entertainment parks install industrial Reverse Osmosis Systems for clean and healthy rides each day. Indeed, it seems if countries put their resources into building such treatment facilities, the growing distress on the world could decrease to an extent. If this alternative has positive effects on the issues of today, it can help build a sustainable future for everyone. 5 Western Water June 13, 2019 WATEk EDUCATION F 0 U N D A T 1 0 N Western Water June 13, 2019 Gary Pitzer As Californians Save More Water, Their Sewers Get Less and That's a Problem WESTERN WATER NOTEBOOK: Lower flows damage equipment, concentrate waste and stink up neighborhoods; should water conservation focus shift outdoors? i s• Corrosion is evident in this wastewater pipe from Los Angeles County.(Image:Los Angeles County Public Works Department) Californians have been doing an exceptional job reducing their indoor water use, helping the state survive the most recent drought when water districts were required to meet conservation targets. With more droughts inevitable, Californians are likely to face even greater calls to save water in the future. However, less water used in the home for showers, clothes washing and toilet flushing means less water flowing out and pushing waste through the sewers. That has resulted in corroded wastewater pipes and damaged equipment, and left sewage stagnating and 6 neighborhoods stinking. Less wastewater, and thus more concentrated waste, also means higher costs to treat the sewage and less recycled water for such things as irrigating parks, replenishing groundwater or discharging treated flows to rivers to keep them vibrant for fish and wildlife. It's a complex problem with no easy answers. Some water agencies even have suggested the state needs to push more conservation efforts to outdoor water use rather than indoor use to keep wastewater flowing. For now, local sanitation agencies are beginning to assess how best to respond with changes in how they operate — and how they plan for a future that will inevitably include more droughts. "Indoor water savings are good, but the flip side is, as you get lower [use] ... at what point are you causing more harm than the benefit you are getting from saving those drops of water?" said Adam Link, director of operations with the California Association of Sanitation Agencies dam Link, director of operations with the California Association of Sanitation Agencies (Image California Association of Sanitation Agencies) Link said his organization had heard anecdotal accounts of problems, but that they varied depending on location. Wastewater agencies generally handled problems through operational changes such as increased chemical treatment. A recent report by the Public Policy Institute of California (PPIC) quantified the problem, finding in a survey of wastewater agencies, that one-fifth of respondents indicated increased corrosion of collection systems due to declining influent quality. The PPIC's report released in April, Managing Wastewater in a Changing Climate, said the wastewater treatment sector "is at a turning point," with drought posing the biggest challenge. The report suggested action is needed to improve coordination between water suppliers and wastewater agencies to ensure that water conservation efforts in the urban sector can be accounted for as part of the short- and long-term planning on the treatment side "Wastewater managers would benefit from knowing which demand management strategies are deployed, when and where the strategies are being implemented, and how much indoor 7 water savings are expected over time," according to the report. It noted that the California Department of Water Resources and the State Water Resources Control Board could help facilitate better exchange of information and provide guidance for integrating water supply and wastewater planning. "Indoor water savings are good,but the flip side is, as you get lower [use] ... at what point are you causing more harm than the benefit you are getting from saving those drops of water?" Adam Link, director of operations with the California Association of Sanitation Agencies Link agreed that as wastewater agencies plan for future treatment capacity and the projected demand for recycled water, they should be included in discussions about further reductions in water use — and how reduced flows affect the planning and sizing of recycled water projects. The state has set a goal of developing at least 2.5 million acre-feet a year of recycled water by 2030. Rob Thompson, assistant general manager of the Orange County Sanitation District, said his agency has planned for changing flow patterns based on factors such as economic activity and the amount of rain received. "When people talk about low flow, it's really one of a plethora of items which are really about resilience," he said. "We are consistently planning ... with our operations, maintenance and engineering to deal with those changes." 8 _C Q Wastewater travels from your home or business C C through local sewers and regional interceptors Q to our treatment plant near Elk Grove.There,we C clean it and safely release it back to the river. �1 I1.4fi''AM - L SEWER COLLECTION 411111 SACRAMENTO REGIONAL COUNTY 11h- SANITATION DISTRICT RECYCLED WATER FUTURE ADVANCED WASTEWATER TREATMENT PLANT This schematic from Sacramento Regional County Sanitation District is an example of how wastewater systems work. (Image: Sacramento Regional County Sanitation District) The district receives about 185 million gallons of sewage each day from more than 2 million people in north central Orange County (185 million gallons would fill a football field 515 feet deep). One hundred million gallons of that treated wastewater is put back to work to irrigate parks, schools and golf courses and help combat seawater intrusion. The district's collection system and manholes have been protected from corrosion since the 1960s and for the last decade, chemical treatment has been used to block formation of odorous and corrosion-causing compounds, said Thompson, noting that the district has been granted patents for its processes. 9 Re-evaluating Water Conservation Strategies The 2012-2016 drought was the driest in recorded state history. The extent of the impacts from reduced sewage flows — corrosion, odor problems as sewage pools in neighborhood pipes and increased salinity — surprised some people. The episode highlights what's needed in the future. "We know the next drought is coming. This is our reality to manage and adapt to," said Jelena Hartman, senior scientist with the State Water Board, at PPIC's April panel presentation on the report. "California policy on long-term water use efficiency should prioritize outdoor water use restrictions, which will have a lower impact on interconnected water systems, to achieve statewide demand management goals." 2017California Urban Water Agencies white paper,Adapting to-Change: Utility Systems and Declining Flo-vs Because many rivers rely on treated wastewater for water quality and flow, reductions in discharges can add to the environmental impacts on rivers when drought strikes, Hartman said. Less water flowing to rivers — whether from treatment plants, street runoff or stormwater flows — affects overall environmental quality. "It's not just water recycling," she said. "We are talking about low-impact development, capturing storm flows and reducing urban runoff." Meanwhile, the drive to ratchet down water use in California begs the question of whether conservation efforts could eventually shift because of the impacts to the wastewater sector. A 2018 law sets indoor consumption goals at 55 gallons per person per day, with the figure dropping to 52.5 gallons in 2025 and 50 gallons in 2030. It's up to water agencies to work with users to meet the goals. In a 2017 white paper, Adapting to Change: Utility Systems and Declining Flows, California Urban Water Agencies (CUWA) noted that while saving water indoors is an important element of water management programs, more must be done to manage all future water demands. CUWA is an association of 11 major California urban water agencies. "California policy on long-term water use efficiency should prioritize outdoor water use restrictions, which will have a lower impact on interconnected water systems, to achieve statewide demand management goals," the white paper said. 10 Outdoor water use varies greatly in the state, accounting for as little as 25 percent of a household's use in coastal areas and as much as 80 percent in the hotter inland regions. Treated wastewater flows into the Los Angeles River.These types of wastewater discharges are important sources of water to help maintain river vitality. (Image: Southern California Coastal Water Research Project) On the environmental side, work is underway to quantify the impact of reduced discharges to surface waters. In Los Angeles, a coalition of state and local agencies are collaborating with the Southern California Coastal Water Research Project on a two-year study launched last fall to determine what happens when treated wastewater effluent and runoff usually sent to the Los Angeles River is diverted for recycling. Researchers are looking at how vulnerable species and habitats along a 45-mile stretch of the lower reach of the river respond to flow reductions with an eye toward developing recommended flow targets by season and section of the river What's Next When drought returns to California and people do their part to conserve water, use levels will again drop, perhaps even to record-low levels. Wastewater treatment agencies will again be faced with even less flows. Thompson, with the Orange County Sanitation District, said agencies should use their regular retrofit and upgrade schedule to measure their resilience 11 r z Part of a wastewater treatment plant in Contra Costa County. (Image: File) "You don't design for one little problem," he said. "You look at the overall condition of your treatment plant and look at opportunities to replace outdated infrastructure with more focused infrastructure that meets the new needs you are facing." The state, PPIC said, should help the wastewater sector and direct its funding assistance toward regional approaches to planning and research. "The state also has a responsibility to evaluate its own policies for areas of conflict between water use efficiency, recycled water production and environmental flows," the report said. "The state needs to be clear about the inevitable tradeoffs associated with these goals and help set priorities." There also needs to be better delineation between what's happening with the long-term trend of reduced indoor water use and the impact drought has on that use. "That is one of the unanswered questions," Link said. "Is there going to be a bounce back [in water use after a drought] or is there where we are and what we have to plan for?" 12 OC Register June 26, 2019 -- ORANGE COI-INTY HEAL THE BAY REPORT CARD LOCAL BEACHES GET HIGH MARKS Good news: Orange County beats statewide rate for A and B grades, while 10 locations make group's honor roll Bad news: Far fewer receive top scores on wet winter days, and two are among 10 worst `Beach Bummers' By Martin Wisckol >> mwisckol(aD-scng.com >> @MartinWisckol on Twitter The good news is that 97% of Orange County beaches scored an A or a B for summer water quality in Heal the Bay's 2018-2019 Beaches Report Card to be released today, higher than the statewide A and B rate of 94%. Of the 33 California beaches making the environmental group's honor roll with perfect grades, 10 were in Orange County. The bad news is that the 17 inches of rain this winter — nearly twice the historical average — resulted in just 56% of county beaches receiving top grades on wet winter days. Statewide, just 54% of all beaches received an A or a B during wet weather. Additionally, two Orange County beaches were among the 10 worst "Beach Bummers" in the state. Also, four county beaches that last year made the group's honor roll fell off the 2019 list. "Rain washes pollutants and contaminants into the ocean thus lowering water quality," says the report, which used water quality data from county health agencies. I _� "Beachgoers who recreate at beaches after a rain event have an increased risk of contracting ear infections, eye infections, upper respiratory infections, skin rashes and gastrointestinal illness. "Approximately 1 million ocean beachgoers contract illnesses each year in Los Angeles and Orange counties, with total healthcare costs of$20 [billion] to $50 billion." Contributing to the region's dirty water over the past year were 28 sewage spills in Orange County, 96 in Los Angeles County and November's Woolsey fire in the Malibu area. Heal the Bay recommends avoiding the water at beaches with a C grade or below and staying out of the ocean at all beaches for three days after it rains. The Santa Monica based group's Now Cast app and Now Cast online site predicts daily water quality at more than 20 beaches. Climate change With scientific assessments that climate change is leading to more extreme periods of rainfall, and more extreme wildfires, the report notes a domino effect resulting in dirtier ocean water. "Major wildfires ... can have a big impact on water quality because fires damage sewage infrastructure and increase the amount of runoff due to vegetation loss,"the report says. After the Woolsey fire during a seasonal period Heal the Bay defines as "dry winter" only 57% of the Malibu beaches received grades higher than C. That was a marked change from the previous five years, when the 87% of those beaches received an A or B during dry winter months. "Governments, leaders and the public must take immediate action to mitigate the effects of climate change and pollution,"the report says. "Many local governments have made enormous efforts to identify and eliminate runoff entering the ocean, but across the board there are still improvements to be made." The report notes steps that have been taken at specific locations to improve water quality. On a larger scale, more than two thirds of Los Angeles County voters last year approved Measure W, which will result in $300 million in new annual parcel taxes to be used to capture storm runoff and reduce pollutants entering the ocean. Beach Bummers The report defines three types of beaches and how they differ in water quality. Open beaches without obstructions or urban runoff tend to get the best scores in both wet and dry weather. Meanwhile, those that have stream, river and storm drains flowing into the ocean tend to score poorly. So do enclosed beaches, which include those found at marinas, harbors and lagoons. Topping the report's 10 Beach Bummers statewide is the San Clemente Pier, which is affected by runoff during rains and dry periods because of a nearby storm drain. Another problem for San Clemente Pier one that's common for many piers is birds congregating and defecating into the ocean. 14 The study noted steps the city has taken to try tackle the problem, including installing bird netting under the pier. Additionally, a city Ocean Water Quality Subcommittee was formed in April and the city is conducting a tracking study to help identify sources of bacteria in the water. Also on the Beach Bummers list is Monarch Beach at Salt Creek, near Dana Point's five-star Ritz- Carlton resort. The beach is also affected by dry weather storm pipe runoff. The city has installed a facility to treat water flowing from Salt Creek and has implemented a bird abatement program, according to the report. Honor roll Orange County led the state last year with 14 beaches on the honor roll, meaning they received perfect scores year-round. The count fell to 10 beaches in this year's report and was surpassed by San Diego County's 12 beaches with perfect scores. The total number of honor roll beaches statewide dropped to 33 from 37 last year. Los Angeles went from having eight on the list to two. Orange County's 20182019 honor roll beaches are: • San Clemente: Avenida Pico, Avenida Calafia and Linda Lane Beach. • Dana Point: Dana Strands Beach, Dana Point Harbor Youth Dock and-South Capistrano Bay Community Beach. • Laguna Beach: Victoria Beach and El Moro Beach. • Huntington Harbour in Huntington Beach: Trinidad Lane Beach and Coral Cay Beach. I� FOCRegister 19 GRANGE COUNTY D VE21 r ENVIRONMENT Seal Beach prepares for flooding Extreme scenario deemed possible because of a rising sea level By Martin Wisckol mwisckol(cD-scng.com @MartinWisckol on Twitter Seal Beach residents got a look Wednesday at what sea level rise could mean to them, thanks to a city presentation showing that large swaths of the small municipality could flood by 2050 and that the odds of even greater inundation will increase throughout the century. Though there was significant concern among the 40 or so residents on hand at the Marina Community Center, there was also criticism that projections of sea level rise showed flooding far sooner than was probable. The state's sea level projections used at Wednesday's workshop have just a 0.5% chance of occurring as quickly as the city is expected to prepare for. State officials say those projections are recommended to accommodate factors not taken into account in the calculations, including indi-cations that water rise may accelerate faster than previously thought. "I think that's a bit aggressive," said Robert Goldberg, whose Clipper Way home is in an area projections show will be among the first to flood. "I'm not going to sell my house based on a 1-in-200 chance. I think something like 1% or 2% might be more appropriate." The workshop is part of the city process in developing its Local Coastal Plan, which will outline development and resource protection rules in Seal Beach's coastal zone. The document will incorporate requirements of the state Coastal Act and allow the city to give final approval to new development. Because it lacks a Local Coastal Plan, the city currently must send new coastal development to the state Coastal Commission for review. 16 One component of the Local Coastal Plan will be how the city intends to adapt to rising seas. A preliminary report outlines a possible mix of protections such as seawalls and sand berms, accommodations such as putting buildings on stilts, and retreat, which could include abandoning and demolishing current structures. The probability debate Seal Beach is already susceptible to flooding, with a sand berm constructed on the beach each winter as protection against high tides and big surf. According to recommended state projections, a 1.6-foot sea level rise could occur by 2050. Combined with a 100-year storm and without new mitigation, flooding from the San Gabriel River northwest of the city and Anaheim Bay to the southeast would spill over into neighborhoods inland from the beach — particularly low-lying areas south of Pacific Coast Highway. With a 3.3-foot sea level rise by 2070, similar flooding would occur without a storm. With a 6.6-foot seal level rise by 2100 and no storm, the inundated area would roughly double, with water coming from the ocean and nearby wetlands as well as from the San Gabriel River and Anaheim Bay. But those projections have just a 0.5% chance of occurring, according to the Coastal Commission. The "likely" scenario outlined in the city's Sea Level Vulnerability Report is a half foot to a foot of sea level rise by 2050 and 1.3 feet to 3.2 feet by 2100. The projections of faster sea level rise were developed by the state Ocean Protection Council and are used as recommendations by the state Coastal Commission, which must approve Local Coastal Plans. "We want to make sure we're not underestimating future sea level rise because the consequence to coastal resources, development, life and safety could be severe," said commission spokeswoman Noaki Schwartz. She said that the science of projecting sea level rise has continued to evolve since the state projections were established, including indications that ice sheet melt may cause seas to rise faster than previously thought. That means the 0.5% probability "may, in reality, be higher," she said. A harbinger Anticipation of future sea level rise already id affecting development plans in Seal Beach. A proposal to build two houses on a vacant lot on 17th Street, five blocks from the beach and four blocks from Anaheim Bay, has been staunchly opposed by Coastal Commission staffers, which note that 3.3 feet of sea level rise would inundate the lot. "The proposed subdivision and construction of two single-family residences is not designed or engineered for the changing water levels and associated impacts that are anticipated over the life of the development," says the staff report. "It is important to note that at 5.7 17 feet of (sea level rise), inland flooding is so severe that the beach fronting portion of Old Town may become an island and that whole sections of sandy beach may disappear." At the request of the builder, a commission vote on the project scheduled for July 10 was postponed. That situation is likely a harbinger for all coastal cities as they develop statemandated climate adaptation plans and update their Local Coastal Plans. "What we're after is what adaptations are most appropriate for Seal Beach," city consultant Chris Johnson told the workshop gathering Wednesday. "The most appropriate fix." "We want to make sure we're not underestimating future sea level rise because the consequence to coastal resources, development, life and safety could be severe" Noaki Schwart, Coastal Commission spokeswoman 18 Looking for the Light.com July 31, 2019 Looking For The Li�Aht.com Wouldyou drink desalinated seawater? Recycled sewage water? Get ready to find out IDEAS.TED.COM ,lul 31, 2019 /Amanda Little ,,,to; �� 1r 19 Our planet is getting hotter and drier. Drinking water is in short supply, but there are two largely untapped sources: the ocean and sewage. To get a taste of what might be in store for our faucets and understand the pros and cons,journalist Amanda Little goes to California. The summer of 2019 has seen heat records tumble like dominoes across the _northern 11emisphere. On May 26, the thermometer climbed to 102 in Savannah, Georgia, an all-time high for that month; the same day, it hit can unprecedented 103.1 in Ilokkaido, Japan 's northernmost island. Then, in June, a three-week heat wave tore through Pakistan and India, where it reached 1123.4 in the central city of Churu. In July, it was Western Europe 's turn when the temperature soared to 108.7 in Paris and 10".2 in Brussels Of course, intense heat doesn't occur in a vacuum. It's accompanied by water shortages and drought, which are expected to be the new norm on our planet. In the L,S, droug has become associated with California. In fact,from December 20, 2011, through _Vlarch 5, 2019, some form of drought existed somewhere in the state. T his prolonged parching has resulted in billions of dollars in agricultural losses and the death of over 100 million trees in state forests alone. Below,journalist Amanda Little goes to Southern California to learn more about N)o sources of drinking water which the state and our planet will be tapping in coming years. :almost all of the water consumed by the 22 million people of California's 'cater-stressed southern region is imported. Much of it is pumped long distances, over mountains, from Northern California. Southern California also draws heavily from the Colorado River, the beleaguered waterway that supplies six other states and Mexico. As these freshwater sources have dwindled, the cost of water imported to Southern Californian cities has been climbing nearly 10 percent a year. The changing economics of water have forced utilities to turn in a new direction for relief: westward to the Pacific Ocean. California has 840 miles of coastline adjoining the world's largest ocean, an oversupply of brine lapping up against an increasingly thirsty landscape. In order to tap this massive reservoir, the San Diego Water Authority partnered with the Israeli company IDE to build a $1 billion desalination plant in Carlsbad, a suburb of San Diego. It opened in 2017,the largest desalination facility_ in the Western Hemisphere. "If we could ever competitively, at a cheap rate, get freshwater from salt water, that ... would really dwarf any other scientific accomplishments," President John F. Kennedy told the Washington press corps in the 1960s. Mark Lambert, the head of IDE's U.S. division, who oversaw the building of the Carlsbad plant, describes desalination as "the most significant kind of modern alchemy. About 97 percent of the earth's water is in the ocean, yet only recently have we been able to tap that resource to grow crops or quench human thirst." 20 "Desalination may seem like a panacea, but from a cost and energy- standpoint it's the worst deal out there," says Sara <lminzadch of the California Coastkeeper Alliance. Desalination has been around for millennia if you count the evaporation techniques pioneered by the ancient Greek. Sailors in the 4th century BC boiled salt water and then captured the steam. �N hen cooled, steam condenses into distilled water that's free of virtually all contaminants. This same basic technology- thermal desalination is still used in places like Saudi Arabia, where fuel for boiling the water comes cheap. Since the 1960s, most desalination operations use reverse osmosis (RO), a method that simulates the biological process that happens within our cells as fluids flow across semipermeable membranes. There remain big challenges for desalination, and number one is the energy- cost. A NASCAR vehicle does about 700 horsepower at full throttle. By contrast, the series of pumps at the Sorek plant near Tel Aviv--the world's largest desalination facility, which processes some 200 million gallons daily collectively exert roughly 7000 horsepower of energy- (or 1100 pounds per square inch of pressure) night and day. Improvements in the pumps, pipe design and membranes have cut the total amount of energy used in desalination by about half in the past two decades. The energy- demands will come down further as efficiencies improve, but mane see it as a sticking point. Sara Aminzadeh, the executive director of the California Coastkeeper Alliance, one of many environmental groups that have opposed the development of desalination plants in California, tells me, "Desalination may seem like a panacea, but from a cost and energy standpoint it's the worst deal out there." The Carlsbad desalination plant provides nearly 1/10th of San Diego County's total eater supply —enough for about 400,000 county- residents. Up the coast, another large desalination plant is under construction in Huntington Beach, which will supply drinking water to LA suburbs. More than a dozen similar plants have been proposed along California's southern and northern coastlines- Daily, the Orange County plant pumps out 100 million gallons of drinking water. The sewage moves through.eight stages of filtration before it is drinkable. But there's another source that's becoming even more critical to the future water supply, one that officials call "recycled wastewater," a pleasant term for human sewage. This is one of the harder realities I've come to accept about modern agriculture that everything we're now flushing down our toilets and pouring down our drains may have to play an important role in feeding us and growing our food. "We call it the big tooth comb step one of the filtration process!" Snehal Desai, Global Business Director of Dow Water & Process Solutions, shouts above the sound of sluicing water. There's a visible torrent of raw sewage water flowing through a channel below us at the Orange Clounty Sanitation District, a facility that treats waste from the toilets, showers, sinks and gutters of 1.5 million suburban Californians. An enormous rake descends into the depths of the sewage flow and brings up cardboard, wet wipes, tampons, eggshells, marbles, toys, tennis balls, sneakers all the detritus that can't fit through the screen covering the plant's intake. 21 The flow that passes through the screen has begun a'ourney through an advanced purification process that culminates in a stage of RO filtration. Daily, the plant pumps out 100 million gallons of drinking water—enough to supply 850,000 county residents which makes this the largest"toilet-to-tap" facility on the planet. The sewage moves through eight stages of filtration, including a grak-el-sand filter and a bacterial "bioscrubbing" process used in Israeli plants. Orange County also has a .'microfiltration" stage, in which the water is sucked through thousands of tiny porous straws. In the final and most critical stage, the water is forced through a massive hire of cylinders containing the RO membranes. This Orange County- facility- is setting a precedent for the use of sewage to produce drinking water every bit as pure as the water that comes from desalination. This process is cheap compared to desalination about half the cost. Sewage has much lower salinity than seawater, which makes it easier to process. "Recycled wastewater is the fastest-growing area in the water industry. Why? Because not every city has an ocean, not everyone has good lakes and rivers, but every bodv's got sewage," says Desai. '`That's the megatrend." "Accepting recycled wastewater is kind of like being asked to wear Hitler's sweater," saes social psychologist Paul Rozin. San Diego recently announced plans to produce 35 percent of its water from recycled sewage by 2030 — not just for irrigation but for drinking. It has completed designs on a toilet-to-tap facility larger than Orange County's. Still, there are barriers to overcome, and the gross factor is first among them. Even the desperation of drought can't eliminate the fact that drinking your own waste is nobody's first choice, unless you're a resident of the international space station. "Accepting recycled wastewater is kind of like being asked to wear Hitler's sweater," says Paul Rozin, a social psychologist at the University of Pennsylvania who has consulted water utilities on marketing toilet-to-tap programs to residents. "No matter how many times you clean the sweater, you just can't take the Hitler out of it." But the purity you get from the RO process is quantifiably better than the eater you get from conventional treatments —better even than some bottled water. "What flows from our membranes is the Rolls-Royce of municipal water," says Desai. Whereas tap water is often treated with chemical coagulants and chlorine, RO filtration is a mechanical filtration of water contaminants that cuts the need for those chemicals. It's analogous to the mechanical removal of weeds in a field practiced by organic farmers in lieu of chemical pesticides: "Think of it as `organic' tap water," says Desai. For now, Dow is focused on making membrane products for big industrial and municipal water s-ystems, but it envisions micro-scale systems down the line. Bill Gates made a pitch for a similar approach when he blogged a few years back about watching a pile of human feces on a conveyor belt enter a small-scale waste-treatment plant built to serve a community of a few thousand people in Senegal, and, in minutes, get converted into "water as good as any I've had out of a bottle. I would happily drink it every day." Desai predicts that water filtration technology will become decentralized everyvvhere. We'll control and regenerate our own water supplies farm by farm, neighborhood by neighborhood, or household by household. Eventually the water production could become, like the food production, circular a closed-loop system in which 100 percent of water that goes down commercial and 22 residential drains is recycled; whatever is lost in evaporation or leakage can be made up for with desalinated salt water that moves through shared networks. Although the vision is at least decades from becoming a reality, it may be necessaiy to our future food security and critical to our survival. At the end of my- tour of the Orange County- plants, we arrive at a shining stainless-steel sink where water that hours earlier had begun as raw se«age «as now flowing erystal clear from the tap. Desai filled up two Dixie cups. "To the future!" he toasted. I shuddered as I knocked mine back. But somehow, the stuff tasted every bit as good as water that had bubbled up from a sprung in the Alps. I poured myself a second cup. Excerpted with permission from the new book The Fate of Food: What We'll Eat in a Bigger, Hotter, Smarter World by Amanda Little. Published by Harmony Boobs, an imprint of the Crown Publishing Group, a division of Penguin Random House LLC. Copyright 0 2019 Amanda Little Watch her TEDxNashville talk now ABOUT THE AUTHOR Amanda Little is a professor of journalism and writer-in-residence at Vanderbilt Iiniversity. Her reporting on energy, technology and the environment has taken her to ultra-deep oil rigs, down manholes, and inside monsoon clouds. Little's work has appeared in publications ranging from The New York Times and The Washington Post to Wired, Rolling Stone and Bloomberg Businessweek. She is also the author of the book Power Trip: From Oil Wells to Solar Cells Our Ride to the Renewable Future. 23 Michelle Steel August 5, 2019 SUP ERV O . STEEF MICHELLE r i / , UPDATES August 5, 2019 Volume 5 Issue 11 Orange County Sanitation District's Centrifuge Facility Ribbon Cutting Ceremony I had the honor of giving the welcoming and introductory remarks for the Orange County Sanitation District's Centrifuge Facility Ribbon Cutting Ceremony, as well as the District's 65th Anniversary. The new facility brings online some of the largest centrifuges in the world used in wastewater treatment, and implements technology that reduces the volume of biosolids produced. This will not only save the District approximately$4 million per year, it also reduces their environmental footprint. After the Ribbon Cutting and tour of the new facility, I greeted OCSD staff and constituents at their 65th Anniversary Open House. Congratulations Orange County Sanitation District on both major milestones! Your staff did a great job at both events and were great hosts! 24 II p�� Twitter Posts July/August 2019 Jul 2019.31 days TWEET KONLIOW2 .M 2010 SUMMARY Top Tweet earned 2,439 impressions Top mention earned 143 engagements T.veet n,,e t,mp—s,— Pee.poo and paper.Yes,we said it,the P t# City of Anaheim 12 12.3K words.The only three things that should go a@City_of Anahelm jt,j io PtpA a Maenorte down the pipe. Do you know what doesn't #Traffic alert:Overnight sewer work by 276�•tb 23 start with a P?Flushable wipes. I hope you c7 OCSewers continues this morning know what that means. through early aftemoon, impacting `den btiY�p intersection of Ball and State College.No #NoWtpipTuesday ePipes#What2Flush left turns.Please take altemate routes. 5 #ToiletTipTues pic.twitter-com17r4ohrGouq Intermittent work at this intersection will continue for the next several weeks pic.twitter.com/GPKY8LsfBB J �� • • Tf 1. "In - View Tweet activity I VieW all Tweet altivity az V44 at View Tweet Top Follower 1,562 people Q - Top media Tweet earned 623 impressions Clear skies and blue water what more could you ask for?The Ocean Monitoring group goes out about 100 days a year to collect T®vora samples and test for water quality,ocean @tevora FOLLowsYou sediments,and fish tissue. Tevora is a risk and compliance management consulting #OCSDatWork#OC SD firm that specializes in information security,governance, and compliance. #ProtectingTheOcean pic.hvitter.com/2jUhxBs1zy View profile View followers dashboard �■� 26 28 day summary rvth cgange,oax,previws penca 15 c.,;: 12.4Kt•146% 219 y3.5% 31 t1t6VK 1,592 t1s CM 479 1 Aug 2019•22 days so far.. TOP Tweet eamsd 1,542 imp:mssions Top mention earned 2Ci engagercents Get your Tweets in front of Thank you @LVMWD for coming and faking John Wayne Airport more people a tour of our Plant No.1 facility in @UohnVtiyrri!T FLg 2 ;=romaeed Tweets am oontant oiler.up your #FountainValley!We hope you enjoyed please be advised that southbound rack or.T%%iter to more people. your time! MacArthur Blvd.will be impacted due to #OCSD#What2Flush#TourTime construction f� activity performed by @-OCSewers beginning this evening at 8 pic.h'ritier.camlbEOeVRIJvX9 p.m.and continuing through Aug.8 at 8 p.m. "i3sccas:erruo JWA encourages guests to plan ahead to .. 1AttI OrVKW% avoid delays.#FlyJWA 11 9,470 pic.t'vitlercomM(NF6MloH3f — --_r.-_ its ;,lanuon • 151 20 • �tI� • 12 View Tweet activity '.Few 311 Tymet xt7oir Top Follower fcllowedby5TAKp-sople Mew Tweet Top media Tweet earned 433--mpmssions r_ 9 OCSD is looking for a Principal Safely& -� Health Rep!You will coordinate and oversee CBSLA Assignment Desk - activities in support of our safety and @KCRSKA- esk =ate,— emergency response needs.Interested? The Assigrmer,Desk al KCiMEXCAL Visit ocsd.comlabout-usFtobs to find out more.pic.twiHer.com)5vwl1KMt8f •,Iew profile 'fell fol:cwr=,s dasnboard 6 / Q •7 View Tweet activity Metv all Tweet actrvny 27 Facebook Posts July/August 2019 Page Summa4 Last 28 days e Export Data Results from Jul 26,2019-Aug 22,2019 Note:does not include today's data Insights activity is reported in the Pacific time zone.Ads activity is reported in the Organic Paid time zone of your ad account. Actions on Page i Page Views I Page Previews July 26-August 22 July 26-August 22 July 26-August 72 698 35 y**� Total Page Views a6% Page Previews&6% We have insufficient data to show for the selected time period Page Likes I Post Reach Story Reach r July 26-August 22 July 26-August 22 July 26-August 22 19 2,753 Get Story Insights See stall on how your Page's storl is Page Likes a 12% People Reached v 34% performing. Recommendations r Post Engagements Videos July 26-August 22 July 26-August 22 July 26-August 22 ,Ala 2,451 851 iN N■ Post Engagement a 62% 3-Second Video Yews♦37% 2410■ We have insufficient data to show for the selected time period Page Followers I Orders July 26-August 22 July 26-August 22 21 0 Page Followers a 24% Number of Orders&0% Earnings from Orders A 0% 28 All Hosts Hublished Reach:Organic f Paid I Post Clicks Reactions,Comments Published Post Type Targeting Reach Engagement 08122f2019 � Today. OCSD staff aflended the 29 2:40 Pht Califorria Association of Sanitation 195 12 08,2212019 Thank you Beth Hammon and Kate A 15 9 DOAht Alegria from Rep. Harley Rouda ` 196 10 08119F2019 ® Happy Monday!Help us r- 453 1:00 Pht congratulate Jennifer Cabral on her q l 357 08i1912019 At OCSD are are dedicated to I.. ,� 267 1s 12:00 PM protecting the environment and 1 � v 1S i 0 811 612 01 9 Sewer installation continues on State — A 3 9:DD Aht I College Blvd_in the City of Anaheim- 331 4 1 ow15MO.19 r Thank you California State 59 1t:A5AM � University. Fullerton for coming and h-' * aJS 36 � 08AV2019 ' Reminder,tomorrove night is the -, 5 7-43 AM second public scoping meeting for 10i1 5 I 08112f2019 OCSD is currently seeking a r 123 11:ad AM maintenanr_e worker that has a u I 44 , 08109/2019 Ever yonder what our Huntington `,r — 20 11:10 AM Beach facility looks like?What goes 575 — 20 08199f2019 'Pile are proud of our past in Orange �� 05 12 9=00 AM County.Take a look at this invitation 1£ )I t181a3I2019 We want to hear from you_We have 299 - 11 12:00 P4v1 two public scoping meetings for our - \ 6 08ia8f2a19 �' August is#waterqualitymonth,and 15 9 DC AM we'll be sharing water quality facts 25+ 16 0&0772a19 Happy Professional Engineers Day! 287 30 rm +P{ithout you OCSD wouldn't be 27 08105I2019 OCSD is looking for a Principal 34�ry 31 3:01 PM Safety&Health Rep!`tau will \ 37 � =02P2019 The winners have been chosen!A 15 l 6 HUGE thank you to everyone who � 193 5 � 0810112019 Thank you Las Virgenes Municipal _'99 32 1:15 PM Water District for coning and taking 26 � 29 0713012.019 Centrifuge Ribbon Cutting Ceremony 92 1:u2 Phi 237 7 075012019 Thank you Director Andrew Nguyen M4 156 11 1 It 14 A)A from Midway City Sanitary District for 3 0713012019 Sometimes people lie.we would \� 756 49 1-4-00 AM never lie to you.Believe us when we 45 07)2912019 ■ Celebrating B5 years of impressions. not \ 36 -"'+ OCS6 aims to not just make a good 1119 18 0 07129/2019 Construction Alert in City of , ,� 12 3:00AW Anaheim-Municipal Government. � _S3 6 07127120119 Us rushing to OCSD for the Open ■4 193 14 t0-00 AM Pq House happening TODAY!Come 13 07)2612019 When we weren 1 listening to the �- � 81 � 4:00 PMSpice Girls in the 907s,we were busy \ 47E 48 07I2&2019 Vle thought this might be helpful. ■* \ 355 4 26 1 37 Phl Just in case you weren't 100%sure 18 0712512019 The 311's were about more than just _ — 23 4:45 Phi spandex and leg warmers.At OCSID I' 259 19 0712412019 Tonight at Plant No. 1 our Steering 9 i 4 55 PM Committee and Board meeting will t i 3 0712412ff19 As we moved into the 70`s vie were -- 30 3:10 Phi busy constructing_The new 5-mile Fri 315 24 07t23121)19 In the 60's the Sanitation Distract \� 544 41 7 16 Phr continued to expand-Witli the short 31 07123F2019 Are you as excited as we are about 17 the Open Mouse this Saturday? 313 14 i 07122/2019 As we get ready to celebrate our - 103 � 4:01 Phi anniversary let's go down memory \ 1.1 K 74 � 0711912019 Us inviting our friends to come visit g T 1:03 Phi us at our Open House on Saturday, 237 6 07,11912019 �' Did you know that in 2016 The \ 12:00 PM Governor of California signed 201 07117r2019 Disneyland:64. OCSD_65. Basically � - 10 1 i 7:07 PMfivinsa Which means we m 7ust be -"- 071l712019 ■ Happy national Sanitation'Aforkers 354 40 3:23 Phi Day! We work with a purpose. 30 07116120/9 Treating wastevlater,as easy as VN 34_ 41 11:21,8-M 1.2.3.#bottlecapchallenge 16 07N2r2019 Number 83 on our bucket list: 454 56 9:00 AM skateboarding inside a nevily built 51 07i10I?019 ® Thank you City of Anaheim- 4� 228 t5 1 10:24 AM Municipal Government for helping us 07d10�2019 Traffic delays at Slate College and Ly 1v6 7_34 AM Ball Rd in City of Anaheim- - 07+09 2019 Join us for OCSa's Operations 5 4:15 PM Committee meeting on Wednesday � � t?0 1 I 07.0912019 ® Construction Alert for City of -1 0147 12:00 PM Anaheim-Municipal Government at 2 07.*912019 Pee.poo and paper Yes,we said it, 45 � O.GG AM �► the P yards.The only three things 76,8 49 07'03i2019 Do you like to visit the beach?If so, r� 4� 333 23 1 t:40.khl you'll be glad to hear that Heal the 32 4 07105120/9 Happy#FlashbackFridayl This photo t� 25 12:00 PM � is from the 19130's and shay -rggs then =5 07105i2019 OCS.Us Legislative as Public Affairs t 15S HOAM Committee meeting is next Monday. lip 4 1 07a'0412019 ® Happy 4th of July!Wishing everyone # 216 5 11:11 AM a safe and fun holiday with family 15 07i0212019 Clear skies and blue water,what � 342 22 12:00 PM more could you ask for?The Ocean 31 � 07,GV2019 Congratulations to Us!We have a71 once again been recognized for our i1 Instagram Posts July/August 2019 ocsewers Edit Profile l_! 229 posts 593 followers 65 following OC Sanitation District The OC Sanitation District provides wastewater collection,treatment,and recycling for approx 2.6 million people in central&north Orange County. www.ocsd.com 9 POSTS 16T`J SAVED 1 TAGGED All J r. LAMM s fa 7 Y"IT, i:1 L O I O 0 1 '�►. . l 12 'zik \� r . O • • ( . r i XIAT&COUK00 A►Atl%*A6 MAJOR NIGNTWORK T-dwy My. You can't rl" I If;,� sit with us lap 4'rif 9/9/2019 Open House and Ribbon Cutting &,JS, ■ � �■ BY: Jennifer Cabral Administration Manager Eli Sam&® ei _ A� imamwo ,pa 65t" Anniversary Open House FP • 500 people attended v • 18 Division Booths 170 employees volunteered ` • 6 Outside Agencies • 224 people took a Tour Participated 100 bags of # a i compost given + out c ,1 2 1 9/9/2019 Ribbon Cutting of New Centrifuge • We had 50 attendees at the event Received certificates and _ resolutions from: _ t • Congressman Cisneros •_ • Congressman Lowenthal ff • Congressman Rouda • Assemblyman Choi - • Assemblyman Chen • Assemblywoman Petrie-Norris • Senator Umberg • Supervisor Steel • Supervisor Chaffee _ II' _ +T L '+: M ,Iw J �Illlllo" 3 2 oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 LEGISLATIVE AND PUBLIC AFFAIRS (714)5937433 COMMITTEE 9oTFCTN0 THE Agenda Report File #: 2019-608 Agenda Date: 9/25/2019 Agenda Item No: 15. FROM: James D. Herberg, General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF JULY AND AUGUST 2019 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the Legislative Affairs Update for the months of July and August 2019. BACKGROUND The Orange County Sanitation District's (Sanitation District) legislative affairs program includes advocating the Sanitation District's legislative interests, sponsoring legislation (where appropriate), and seeking Local, State, and Federal funding for projects and programs. Staff will provide an update on recent legislative and grant activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PROBLEM Without a strong advocacy program, elected officials may not be aware that the Sanitation District is more than a wastewater treatment plant - treating and sending water to the ocean. The Sanitation District is an environmentally engaged organization which recycles more than 50 percent of its wastewater. Additionally, to help meet the goal of 100 percent recycling, the Sanitation District uses the byproducts from the wastewater treatment process to produce biosolids to fertilize crops and energy used to help power the two plants in Fountain Valley and Huntington Beach. PROPOSED SOLUTION Continue to work with Local, State, and Federal officials to advocate the Sanitation District's Orange County Sanitation District Page 1 of 2 Printed on 9/19/2019 powered by LegistarTM File #: 2019-608 Agenda Date: 9/25/2019 Agenda Item No: 15. legislative interests. Help to create/monitor legislation and grants that would benefit the Sanitation District, the wastewater industry, and the community as a whole. To assist in our relationship building activities, we will continue to reach out to our elected officials providing facility tours, one-on-one meetings, and trips to D.C. and Sacramento. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION If we do not work with Local, State, and Federal elected officials, legislation could be passed that negatively affects the Sanitation District and the wastewater industry as a whole. Additionally, this could affect our chances of receiving grant funding. ADDITIONAL INFORMATION Save the Date: The Sanitation District's State of the District will be held on Friday, October 25 from 8 a.m. to 10 a.m. at Mile Square Golf Course in Fountain Valley. The event will host Local, State, and Federal dignitaries and provide an update on the Sanitation District, agency accomplishments, and the future direction of the agency. The Save the Date will be sent next month. CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Federal Update - ENS Resources • Federal Legislative Matrix - ENS Resources • State Update - Townsend Public Affairs • State Legislative Matrix - Townsend Public Affairs • Grant Matrix • September 9, 2019 Legislative and Public Affairs Committee Presentations Orange County Sanitation District Page 2 of 2 Printed on 9/19/2019 powered by LegistarTM ■ ' 1 i 7% LLl V6P RESOURCES MEMORANDUM TO: Rebecca Long FROM: Eric Sapirstein DATE: August 19, 2019 SUBJECT: Washington Update Congress remained in recess for the past month and, as a result, minimal formal legislative work transpired. However, congressional staff did continue discussions on finding common ground on key legislation that is considered important for passage in the remaining months of the session that concludes in mid-December. The following provides an update of issues of interest to OCSD. Fiscal Year 2020 Spending Decisions to be Finalized in Coming Months The budget agreement reached prior to the August recess put in place the path forward to complete final spending bills for the coming fiscal year 2020 that begins on October 1. According to the Senate Committee on Appropriations leadership, the goal is to package spending bills into "mini-buses" similar to the House-passed spending bills.Assuming that this approach is successful, it is conceivable that final agreements on some of the twelve annual spending bills could be achieved by the end of September. However, it is more likely that the limited time in September to finalize spending bills could require a short-term stopgap spending bill to continue governmental operations through October. Regardless of this situation, it appears increasingly likely that the Senate will agree with the House funding levels for water infrastructure spending programs, paving the way for adequate funding of the Clean Water State Revolving Fund (SRF),Water Infrastructure Finance and Innovation Act (WIFIA) and other water quality programs. ENS Resources,Inc. 1901 Pennsylvania Avenue,N.W. Suite 1005 Washington,D.C.20006 Phone 202.466.3755/Telefax 202.466.3787 2 1 P a g e Regulation and Remediation of PFAS/PFOA The ongoing focus in Congress to develop a process to address the monitoring and cleanup of Per- and Polyfluoroalkyl Substances - (PFAS/PFOA) sites and discharges remains in play. The House and Senate committees with jurisdiction over clean water and drinking water laws continue to work on the development of compromise language that could lead to a national drinking water standard for PFAS/PFOA chemicals, along with monitoring requirements. A key issue of discussion involves efforts by the House to require the designation of PFAS/PFOA chemicals as hazardous waste under Superfund. This mandate, if enacted into law, could subject agencies that discharge effluent with the chemicals or whose biosolids have traces of the chemicals to be subject to management standards for hazardous waste disposal and/or liability for subsequent cleanups. Additionally, provisions that would require US Environmental Protection Agency (USEPA) to issue guidance on the management and disposal of biosolids and other materials that might be contaminated with the chemicals is also under review. Because the White House has issued a veto threat on the legislation (National Defense Authorization Act) that includes the PFAS/PFOA provisions, it remains unclear whether a final bill will actually contain these objectionable provisions. Clean Water SRF Infrastructure Bill Slated for Mark-Up Efforts in the House Committee on Transportation & Infrastructure to mark-up H.R. 1497 that would renew the clean water SRF program at$15 billion over five years appear to be nearing a decision to procced with votes. According to congressional staff, a mid-September mark-up is anticipated. Within this bill, we expect that the legislation will also address funding of green infrastructure, disadvantaged community assistance,workforce assistance, and affordability mandates. Currently, staff continue to discuss options to address the authority to issue National Pollutant Discharge Elimination System (NPDES) permit terms for a period of up to ten years. OCSD Federal Bills of Interest OTHER=EELTHOR OCSID POSITION POSITIONS Federal Legislation i 2020 Water Recycling Investment and Improvement Act. Establishes a House- 6/13/19 H.R. 1162 Rep. Grace Napolitano (D-CA) grant program for the funding of water recycling and reuse projects, Subcommittees Watch CASA SUPPORTS and for other purposes. Hearings held Water Quality Protection and Job Creation Act of 2019. Provides House -03/06/2019 nearly$23.5 billion in direct infrastructure investment over the next five Referred to the years to address wastewater infrastructure and local water quality Subcommittee on H.R. 1497 Rep. Peter DeFazio (D-OR) challenges. This bill allocates $20 billion in grants for the Clean Water Water Resources and Watch CASA SUPPORTS State Revolving Fund. Environment To require the Administrator of the Environmental Protection House -2/7/19 Agency to shall designate per-and polyfluoroalkyl substances as Referred tp hazardous substances under the Comprehensive Environmental Subcommittee on H.R. 535 Rep. Debbie Dingell (D-MI) Watch NYC Response, Compensation, and Liability Act of 1980. Railroads, Pipelines, and Hazardous Materials Pacific Northwest Earthquake Preparedness Act of 2019. House -2/6/19 Passed Requires the FEMA to develop a plan for the purchase and installation House by voice vote, of an earthquake early warning system for the Cascadia Subduction received in Senate and H.R. 876 Rep. Peter DeFazio (D-OR) Zone. The term "Cascadia Subduction Zone" referred to Committee Watch NYC on Homeland Security and Governmental Affairs Regulatory Certainty for Navigable Waters Act. Repeals the Waters House -2/7/19 Rep. Jaime Herrera Beutler(R- of the United States rule and amend the Federal Water Pollution Referred to H.R. 667 WA) Control Act definition of navigable waters, and for other purposes. Subcommittee on Watch NYC Water Resources and Environment Updated August 2019 OCSD Federal Bills of Interest AUTHORBILL SUMM LATEST ACTIONOCSID POSITION OTHER POSITIONS A bill to encourage the research and use of innovative materials Senate- 2/7/19 and associated techniques in the construction and preservation Referred to Committee S. 403 Sen. Sheldon Whitehouse (D-RI) of the domestic transportation and water infrastructure system, on Environment and Watch NYC and for other purposes. Public Works To require the Corps of Engineers to notify affected communities House -2/7/19 before releasing water contaminated with cyanobacteria from Referred to H.R. 977 Rep. Brian Mast(R-FL) flood risk management projects, and for other purposes. Subcommittee on Watch NYC Water Resources and Environment To amend the Federal Water Pollution Control Act to limit House -2/7/19 attorney fees and penalties in citizen suits, and for other Referred to H.R. 892 Rep. Duncan Hunter(R-CA) purposes. Subcommittee on Watch NYC Water Resources and Environment California New River Restoration Act of 2019. Requires the USEPA House -2/7/19 to establish a California New River restoration program for the New Referred to H.R. 358 Rep. Juan Vargas (D-CA) River. USEPA must(1) implement projects, plans, and initiatives for Subcommittee on Watch NYC the New River supported by the California-Mexico Border Relations Water Resources and Council; and (2) provide grants and technical assistance for Environment coordinating restoration and protection activities. A bill to amend the Federal Water Pollution Control Act to clarify Senate- 2/7/19 the definition of navigable waters, and for other purposes. Referred to Committee S. 376 Sen. Rand Paul (R-KY) on Environment and Watch NYC Public Works National Infrastructure Development Bank Act. Facilitates efficient House -2/7/19 investments and financing of infrastructure projects and new job Referred to creation through the establishment of a National Infrastructure Subcommittee on H.R. 658 Rep. Rosa DeLauro Development Bank, and for other purposes. Economic Watch NYC Development, Public Buildings, and Emergency Management Updated August 2019 OCSD Federal Bills of Interest AUTHOR SUMMARY LATEST ACTIONOCSID POSITION OTHER POSITIONS To amend the Water Resources Development Act of 1986 to House- 2/12/19 repeal the authority relating to reprogramming during national Referred to the H.R. 1137 Rep. John Garamendi (D-CA) emergencies. Subcommittee on Watch NYC Water Resources and Environment Coastal Communities Adaption Act. Improves the resilience of the House - 3/619 built and natural environment to natural disasters and climate change Referred to H.R. 1317 Rep. Harley Rouda (D-CA) using, among other measures, natural and nature-based features, and Subcommittee on Watch NYC for other purposes. Water Resources and Environment A bill to require the Administrator of the Environmental Senate -2/28/19 Protection Agency to designate per-and polyfluoroalkyl Referred to Committee S. 638 Sen. Tom Carper(D-DE) substances as hazardous substances under the Comprehensive on Environment and Watch NYC Environmental Response, Compensation, Liability Act of 1980, Public Works and for other purposes. A bill to provide adequate funding for water and sewer Senate -2/28/19 infrastructure, and for other purposes. Referred to Committee S. 611 Sen. Bernie Sanders (I-VT) on Environment and Watch NYC Public Works To amend the Federal Water Pollution Control Act to reauthorize House -4/9/19 Passed certain programs relating to nonpoint source management, and House 329-56. for other purposes. Received in Senate, H.R. 1331 Rep. Angie Craig (D-MN) referred to Committee Watch NYC on Environment and Public Works To amend the Federal Water Pollution Control Act with respect to House- 3/15/19 permitting terms, and for other purposes. Referred to CASA, NACWA, H.R. 1764 Rep. John Garamendi (D-CA) Subcommittee on Watch ACWA- Support Water Resources and Environment Updated August 2019 OCSD Federal Bills of Interest AUTHORBILL ACTION� LATEST OCSID POSITION OTHER POSITIONS PFAS Detection Act of 2019. Requires the Director of the United Senate - 3/28/19 States Geological Survey to perform a nationwide survey of Referred to Committee S. 950 Sen. Debbie Stabenow(D-MI) perfluorinated compounds, and for other purposes. on Environment and Watch NYC Public Works BLUE GLOBE Act. Improves data collection and monitoring of the Senate - 3/28/19 Great Lakes, oceans, bays, estuaries, and coasts, and for other Referred to Committee S. 933 Sen. Sheldon Whitehouse (D-RI) purposes. on Commerce, Watch NYC Science, and Transportation Coordinated Ocean Observations and Research Act of 2019. Senate-4/3/19 Reauthorizes the Integrated Coastal and Ocean Observation System Referred to Committee Act of 2009, to clarify the authority of the Administrator of the National on Commerce, S. 914 Sen. Roger Wicker(R-MS) Oceanic and Atmospheric Administration with respect to post-storm Science, and Watch NYC assessments, and to require the establishment of a National Water Transportation Center, and for other purposes. Smart Energy and Water Effeciency Act of 2019. Provides for a House -4/9/19 smart water resource management pilot program. Referred to Committee H.R. 2019 Rep. Jerry McNerney(D-CA) on Science, Space, Watch NYC and Technology Indian Water Rights Settlement Extension Act. Amends the House -4/4/19 H.R. 1904 Rep. Raul Grijalva (D-CA) Omnibus Public Land Management Act of 2009 to make the Committee on Natural Watch NYC Reclamation Water Settlements Fund permanent. Resources Hearings Held Water Quality Certification Improvement Act of 2019. Amends the House-4/11/19 Federal Water Pollution Control Act to make changes with respect to Referred to H.R. 2205 Rep. David McKinley(R-WV) water quality certification, and for other purposes. Subcommittee on Watch NYC Water Resources and Environment Updated August 2019 OCSD Federal Bills of Interest • Digital Coast Act. Requires the Secretary of Commerce, acting House - 5/8/19 through the Administrator of the National Oceanic and Atmospheric Subcommittees Administration, to establish a constituent-driven program to provide a hearings held Rep. Dutch Ruppersberger(D- digital information platform capable of efficiently integrating coastal H.R. 2189 MD) data with decision-support tools, training, and best practices and to Watch NYC support collection of priority coastal geospatial data to inform and improve local, State, regional, and Federal capacities to manage the coastal region, and for other purposes. A bill to require the Secretary of Commerce, acting through the Senate-4/9/19 Administrator of the National Oceanic and Atmospheric Referred to Committee Administration, to establish a constituent-driven program to on Commerce, provide a digital information platform capable of efficiently Science, and S. 1069 Sen. Tammy Baldwin (D-WI) integrating coastal data with decision-support tools, training, and Transportation Watch NYC best practices and to support collection of priority coastal geospatial data to inform and improve local, State, regional, and Federal capacities to manage the coastal region, and for other purposes. A bill to amend the Federal Water Pollution Control Act to make Senate-4/9/19 changes with respect to water quality certification, and for other Referred to Committee S. 1087 Sen. John Barrasso (R-WY) purposes. on Environment and Watch NYC Public Works S.A.V.E. Water Resoures Act. Promotes water supply reliability and House- 6/13/19 H.R. 2473 Rep. Josh Harder(D-CA) improved water management for rural communities, the State of Subcommittees Watch NYC California, and the Nation, and for other purposes. Hearings held Safe Drinking Water Assistance Act of 2019. Improves and Senate -4/30/19 coordinate interagency Federal actions and provide assistance to Referred to Committee S. 1251 Sen. Jeanne Shaheen (D-NH) States for responding to public health challenges posed by emerging on Environment and Watch NYC contaminants, and for other purposes. Public Works Updated August 2019 OCSD Federal Bills of Interest AUTHORBILL ACTION • � - • • OTHER —a LATESTPOSITIONS WISE Act. Amends the Federal Water Pollution Control Act to require House - 5/1/19 Rep. Debbie Mucarsel-Powell (p a certain percentage of funds appropriated for revolving fund Referred to H.R. 2458 FL) capitalization grants be used for green projects, and for other Subcomittee of Water Watch NYC purposes. Resrources and Environment Protect Drinking Water from PFAS Act of 2019. Requires the House-4/29/19 Environmental Protection Agency(EPA)to address the level of Referred to Committee perfluoroalkyl and polyfluoroalkyl substances (PFAS) in drinking water. on Energy and H.R. 2377 Rep. Brendan Boyle (D-PA) Specifically, the EPA must publish a maximum contaminant level goal Commerce Watch NYC and promulgate a national primary drinking water regulation for total PFAS. PFAS are man-made chemicals that may lead to adverse human health effects. To assist community water systems affected by PFAS House - 5/7/19 H.R. 2533 Rep. Frank Pallone (D-NJ) contamination, and for other purposes. Referred to Committee Watch NYC on Energy and Commerce To require the Administrator of the Environmental Protection House - 5/7/19 H.R. 2566 Rep. Darren Soto (D-FL) Agency to revise the Safer Choice Standard to provide for a Safer Referred to Committee Watch NYC Choice label for pots, pans, and cooking utensils that do not on Energy and contain PFAS, and for other purposes. Commerce PFAS Right-To-Know Act. Amends the Emergency Planning and House - 5/8/19 H.R. 2577 Rep. Antonio Delgado (D-NY) Community Right-To-Know Act of 1986 to include per- and Referred to Committee Watch NYC polyfluoroalkyl substances on the Toxics Release Inventory, and for on Energy and other purposes. Commerce A bill to encourage Federal agencies to expeditiously enter into Senate-5/8/19 or amend cooperative agreements with States for removal and Referred to Committee S. 1372 Sen. Debbie Stabenow(D-MI) remedial actions to address PFAS contamination in drinking, on Environment and Watch NYC surface, and ground water and land surface and subsurface Public Works strata, and for other purposes. Updated August 2019 OCSD Federal Bills of Interest 7M Ce - ,, ,, : • • - • • • • • Labor, Health and Human Services, Eduation, Defense, State, House- 6/19/19 Foreign Operations, and Energy and Water Development Passed House 226- H.R. 2740 Rep. Rosa De Lauro (D-CT) Appropriations Act, 2020. Making appropriations for energy and 203 Watch NYC water development and related agencies for the fiscal year ending September 30, 2020, and for other purposes. Commerce, Justice, Science, Agriculture, Rural Development, House -6/25/19 Pased Food and Drug Administraiton, Military Construction, Veterans House 227-194 H.R. 3055 Rep. Jose Serrano (D-NY) Affairs, Transportation, and House and Urban Development Watch NYC Appropriations Act, 2020. Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2020, and for other purposes. To establish a Water Infrastructure Trust Fund, and for other House- 5/15/19 purposes. Referred to H.R. 2705 Rep. Earl Blumenauer(D-OR) Subcommittee on Watch NYC Water Resources and Environment To standardize and extend certain Buy America Provisions. House- 5/16/19 H.R. 2755 Rep. Brendan Boyle (D-PA) Referred to Watch NYC Subcommittee on Aviation Protect Drinking Water from PFAS Act of 2019. A bill to amend the House- 5/15/19 Safe Drinking Water Act to require the Administrator of the Referred to Committee S. 1473 Sen. Kristen Gillibrand (D-NY) Environmental Protection Agency to set maximum contaminant levels on Environment and Watch NYC for certain chemicals, and for other purposes. Public Works Reinventing Economic Partnerships and Infrastructure Senate - 5/16/19 Redevelopment Act. A bill to facilitate efficient investments and Referred to Committee S. 1535 Sen. Mark Warner(D-VA) financing of infrastructure projects and new, long-term job creation on Finance Watch NYC through the establishment of an Infrastructure Financing Authority, and for other purposes. Updated August 2019 OCSD Federal Bills of Interest FM • - I:&-j ff-"t"I Lei i • - • • • • • Stop Sewage Overflow Act. To make certain municipalities eligible House- 5/16/19 for grants under the Federal Water Pollution Control Act, and for other Referred to H.R. 2776 Rep. Lori Trahan (D-MA) purposes. Subcommittee on Watch NYC Water Resources and Environment PFAS Monitoring Act of 2019. To amend the Safe Drinking Water House- 5/16/19 H.R. 2800 Rep. Elissa Slotkin (D-MI) Act to require continued and expanded monitoring of perfluoroalkyl Referred to Committee Watch NYC and polyfluoroalkyl substances in drinking water, and for other on Energy and purposes. Commerce A bill to include certain perfluoroalkyl and polyfluoroalkyl Senate -6/27/19 substances in the toxics release inventory, and for other Passed as an S. 1507 Sen. Shelley Moore Capito (D- purposes. amendment to Watch NYC WV) National Defense Authorization Act(S. 1790) Contaminant and Lead Electronic Accounting and Reporting Senate - 5/22/19 Requirements for(CLEARR) Drinking Water Act of 2019. Amends Referred to Committee S. 1613 Sen. Ed Markey(D-MA) the Safe Drinking Water Act to update and modernize the reporting on Environment and Watch NYC requirements for contaminants, including lead, in drinking water, and Public Works for other purposes. Aquifer Recharge Flexibility Act. Provides flexibility to allow greater Senate - 7/18/19 S. 1570 Sen. James Risch (R-ID) aquifer recharge, and for other purposes. Subcommittee Watch NYC Hearings Held Aquifer Recharge Flexibility Act. Provides flexibility to allow greater House- 5/21/19 H.R. 2871 Rep. Russ Fulcher(R-ID) aquifer recharge, and for other purposes. Referred to Committee Watch NYC on Natural Resources Local Water Protection Act. Amends the Federal Water Pollution Senate - 5/22/19 Control Act to reauthorize certain programs relating to nonpoint source Referred to Committee S. 1604 Sen. Amy Klobuchar(D-MN) management, and for other purposes. on Environment and Watch NYC Public Works Updated August 2019 OCSD Federal Bills of Interest AUTHORBILL ACTION� LATEST OCSID POSITION OTHER POSITIONS Living Shorelines Act of 2019. Directs the Administrator of the Senate- 6/5/19 National Oceanic and Atmospheric Administration to make grants to Referred to Committee State and local governments and nongovernmental organizations for on Commerce, S. 1730 Sen. Kamala Harris (D-CA) purposes of carrying out climate-resilient living shoreline projects that Science and Watch NYC protect coastal communities by supporting ecosystem functions and Transportation habitats with the use of natural materials and systems, and for other purposes. To direct the Administrator of the National Oceanic and House- 7/25/19 Atmospheric Administration to make grants to State and local Subcommittee governments and nongovernmental organizations for purposes Hearings held H.R. 3115 Rep. Frank Pallone (D-NJ) of carrying out climate-resilient living shoreline projects that Watch NYC protect coastal communities by supporting ecosystem functions and habitats with the use of natural materials and systems, and for other purposes. Safe Water for Military Families Act. Directs the Secretary of House- 6/12/19 H.R. 3226 Rep. Andy Kim (D-NJ) Defense to prohibit the use of firefighting foam containing perfuoroalkyl Referred to Committee Watch NYC or polyfluoroalkyl substances, and for other purposes. on Armed Services A bill to require the Administrator of the Environmental Senate - 6/13/19 Protection Agency to establish a discretionary grant program for Referred to Committee S. 1837 Sen. Kristen Gillibrand (D-NY) drinking water and wastewater infrastructure projects, and for on Environment and Watch NYC other purposes. Public Works To require the Administrator of the Environmental Protection House- 6/14/19 Agency to establish a discretionary grant program for drinking Referred to H.R. 3254 Rep. Antonio Delgado (D-NY) water and wastewater infrastructure projects, and for other Subcommittee on Watch NYC purposes. Water Resources and Environment Wastewater Infrastructure Workforce Investment Act. To amend House- 6/27/19 the Federal Water Pollution Control Act with respect to wastewater Referred to the H.R. 3521 Rep. Greg Stanton (D-AZ) infrastructure workforce development, and for other purposes. Subcommittee on Watch NYC Water Resources and Environment Updated August 2019 OCSD Federal Bills of Interest AUTHORBILL SUMM LATEST ACTIONOCSID POSITION OTHER POSITIONS National Opportunity for Lead Exposure Accountability and Senate - 7/11/19 Deterrence Act of 2019. To amend the Safe Drinking Water Act to Referred to Committee S. 2086 Sen. Tammy Duckworth (D-IL) improve transparency under the national primary drinking water on Environment and Watch NYC regulations for lead and copper, and for other purposes. Public Works Drought Resiliency and Water Supply Infrastructure Act. To Senate - 7/18/19 CASA, NACWA, S. 1932 Sen. Cory Gardner(R-CO) support water infrastructure in Reclamation States, and for other Subcommittee Watch NWRA, ACWA - purposes. Hearings Held support Water Resources Research Amendments Act. To amend the House- 7/25/19 Water Resources Research Act of 1984 to reauthorize grants for and Subcommittee on H.R. 3510 Rep. Josh Harder(D-CA) require applied water supply research regarding the water resources Water, Oceans, and Watch NYC research and technology institutes established under that Act. Wildlife held Desalination Development Act. To promote desalination project House- 7/25/19 H.R. 3723 Rep. Mike Levin (D-CA) development and drought resilience, and for other purposes. Subcommittee on Watch NYC Water, Oceans, and Wildlife held National Opportunity for Lead Exposure Accountability and House- 7/10/19 H.R. 3677 Rep. Dan Kildee (D-MI) Deterrence Act of 2017. To amend the Safe Drinking Water Act to Referred to Committee Watch NYC improve transparency under the national primary drinking water on Energy and regulations for lead and copper, and for other purposes. Commerce Creating Opportunity And Sustainability Through Science Act. To House- 7/23/19 require research in coastal sustainability and resilience, to ensure that Referred to H.R. 3919 Rep. Seth Moulton (D-MA) the Federal Government continues to implement and advance coastal Committees on Watch NYC resiliency efforts, and for other purposes. Natural Resources and Science, Space, and Technology Environmental Justice Act of 2019. To require Federal agencies to Senate - 7/23/19 address environmental justice, to require consideration of cumulative Referred to Committee S. 2236 Sen. Cory Booker(D-NJ) impacts in certain permitting decisions, and for other purposes. and Public Works Watch NYC Updated August 2019 OCSD Federal Bills of Interest • To provide supplemental appropriations for safe and secure Senate - 7/26/19 water, and for other purposes. Referred to Committee S. XXXX Sen. Kamala Harris (D-CA) on Environment and Watch NYC Public Works To provide supplemental appropriations for safe and secure House- 7/26/19 water, and for other purposes. Referred to Committees on Energy and Commerce, H.R. 4033 Rep. Dan Kildee (D-MI) Budget, Ways and Watch NYC Means, Natural Resources, Agriculture, and Transportation and Infrastructure Updated August 2019 OCSD Federal Bills of Interest • To amend the Water Resources Reform and Development Act of House- 7/26/19 2014 to modify the procedure for communicating certain Referred to H.R. 3944 Rep. Kevin Hem (R-OK) emergency risks, and for other purposes. Subcommittee on Watch NYC Water Resources and Environment Environmental Justice Act of 2019. To require Federal agencies to House- 8/15/19 address environmental justice, to require consideration of cumulative Referred to H.R. 3923 Rep. Raul Ruiz(D-CA) impacts in certain permitting decisions, and for other purposes. Subcommittee on the Watch NYC Constitution, Civil Rights, and Civil Liberties Legend: ACC-OC-Association of California Cities, Orange County LOCC- League of California Cities NYC- Not Yet Considered CASA- California Association of Sanitation Agencies NACWA- National Association of Clean Water Agencies ACWA-Association of California Water Agencies CSDA- California Special Districts Association Updated August 2019 T (D/ WNSEND P H B L I C A F F A I R S ,IT TPA 4q To: Orange County Sanitation District From: Townsend Public Affairs, Inc. Date: August 19, 2019 Subject: Legislative and Public Affairs Agenda Report State Political Update In Sacramento, the Legislature has been very active since their return from summer recess on August 12. All bills that failed to pass the house in which they were introduced are now two-year bills and will be eligible for consideration in January 2020. Over 1 ,900 bills are still being considered by their respective second houses, and must be passed by September 13, the last day of session. Following that deadline, the Legislature will adjourn for interim recess and the Governor will have until October 13 to sign to veto all legislation. The Legislature will reconvene on January 6 for the second year of the two-year session. Fiscal Year 2019-2020 State Budget On the evening of June 27, Governor Newsom approved AB 74, the authorizing State Budget legislation for FY 2019-20. The Budget totals a record $214.8 billion and includes many of the Governor's priorities, such as healthcare for undocumented immigrants between the ages of 19-25, homelessness funding, and some of the highest education funding levels ever. The Budget package also assumes an estimated $19.4 billion in reserves, including $16.5 billion in the Proposition 2 mandated "rainy day fund", continuing the tradition of saving money in anticipation of an economic downturn. Below is a summary of key highlights in the FY 2019-20 State Budget: Safe & Affordable Drinking Water • Authorized a $130 million per year continuous appropriation to provide communities with the resources to deliver clean drinking water, funded from a long- term commitment of Greenhouse Gas Reduction Funds through Cap and Trade revenues. Natural Resources • Appropriated $1 billion across multiple departments to continue development and implementation of Proposition 68 bond programs; • Provided $45 million in one-time funding for multiple agencies including the Department of Parks and Recreation, the Department of Forestry and Fire Protection, the California Conservation Corps, and the California Tahoe Conservancy to address their most critical deferred maintenance needs; • Included $92 million to implement multi-benefit flood improvement projects; • Approved trailer bill language to extend the sunset of the Habitat Conservation Fund competitive grant program by 10 years, to January 1, 2030. Transportation • Appropriated an additional $2 billion for Road Maintenance and Rehabilitation Account (RMRA) for local and capital funding programs under SB 1. Cap and Trade • Invested $1.4 billion in discretionary Greenhouse Gas Reduction Funds (GGRF) in 2019-20. • Specifically, the Cap and Trade expenditure plan included the following spending programs and activities: o $245 million for implementation of AB 617 (Garcia, 2018) - Community Air Protection & Local Programs to Reduce Air Pollution; o $238 million for the Clean Vehicle Rebate Project; o $182 million for clean trucks, buses, and off-road freight equipment including the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project and advanced technology freight demonstration and pilot commercial deployment projects; o $165 million for Healthy & Resilient Forests to reduce the risk of wildfire; o $100 million for safe drinking water programs; o $60 million for the Transformative Climate Communities program; o $30 million for the Urban Greening Program. June 2019 Report 2 Housing & Homelessness • $500 million in one-time funds for housing related infrastructure to help boost needed construction; • $500 million in one-time funds for a mixed income loan program through CaIHFA; • $500 million in one-time funds to expand the Low-Income Housing Tax Credit; • $250 million for planning grants to help local jurisdictions work through the Regional Housing Needs Assessment; • $1 million for the development of permanent supportive housing through the Orange County Housing Finance Trust; • $650 million in one-time funds to help local jurisdictions address the homelessness crisis. Other Items • The Budget also provided tens of millions of dollars more for 2020 Census outreach, extending California's historic investment to help ensure a complete count; • Included over $300 million for disaster preparedness, including communications infrastructure, and new funding to help communities affected by disasters; • Authorized up to $15 million for cannabis equity programs to prevent illegal operations; • The Budget also temporarily suspends the sales tax on diapers and menstrual products. • Included $20 million for the Southern California Veterans Cemetery Master Development Fund Safe Drinking Water Proposals On July 24, the Governor signed SB 200 (Monning), which creates the Safe and Affordable Drinking Water Fund, providing the legal structure and process for funding safe drinking water solutions for disadvantaged communities in California that currently do not have that access. The passage of SB 200 follows the June 27 enactment of the 2019-20 State Budget, which sets forth the first part of the funding solution. The State Budget provides $130 million for Fiscal Year 2019-20 for safe drinking water solutions in disadvantaged communities that do not have access to safe drinking water. C) June 2019 Report 3 In the first year, $100 million of the funding will come from the Greenhouse Gas Reduction Fund (GGRF) and $30 million from the General Fund. After the first year, SIB 200 will provide that the funding will be 5% of the GGRF continuously appropriated — capped at $130 million per year. The agreement includes General Fund funding as a backstop if 5% of the GGRF is less than $130 million in any year. The funding will sunset in 2030. OCSD Legislative Plan: Tactic - Support tax reform that protects public agencies. 2020 Proposed Water Bond AB 352 (E. Garcia) was gut and amended on August 14 to be the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020. This legislation would establish a $3.92 billion bond that will provide funding for drought, water, parks, climate, and coastal protection. The bond would be placed on the ballot for approval by the voters at the November 3, 2020 statewide general election. The current bond language includes $925 million for water resources. • $275 million of that total amount shall be used for safe drinking water project, grants and loans to assist with septic system upgrades or consolidation of septic systems in order to address water quality contamination in disadvantaged communities, projects that implement countywide drought and water shortage contingency plans, sustainable groundwater management projects, recharge projects and projects that improve water data collection, monitoring and management. • $100 million of the total amount shall be available for groundwater sustainability projects that provide wildlife habitat support • $300 million shall be available for the restoration of rivers, lakes and streams • $150 million for flood management projects • $100 million for recycled water projects OCSD Legislative Plan: Grant Funding - Support legislation, bonds, programs and projects that provide funding for: infrastructure construction and rehabilitation, special studies and research or projects relating to security, environmental education, water quality, wastewater processing, urban runoff, wastewater recycling, biosolids and organics management, water quality improvement, resource recovery, or alternative energy. June 2019 Report 4 Perfluoroalkyl Substances and Polyfluoroalkyl Substances (PFAS) The State Water Resources Control Board will have new, expansive authority to order public water systems to monitor for per- and polyfluoroalkyl substances (PFAS) under a new law, AB 756 (C. Garcia) that Governor Gavin Newsom signed on July 31, 2019. AB 756 marks the California Legislature and Governor Newsom's first action related to PFAS. AB 756 adds a section to the California Health and Safety Code that authorizes the State Water Resources Control Board to order a public water system to monitor for PFAS in accordance with conditions set by the Board. If any monitoring undertaken pursuant to such State Water Board order results in a confirmed PFAS detection, the water system must report that detection in its annual consumer confidence report. Further, where detected levels of PFAS exceed the 70 ppt response level, the water system must take the water source out of use or provide public notification within 30 days of the confirmed detection. The public notification procedures set forth a variety of requirements for providing sufficient public notice, including requiring community water systems to provide notice by mail and e-mail to each water system customer. AB 756 is likely only the beginning of the California Legislature's swell of bills aimed at regulating PFAS. Once the results of the State Water Board's ordered investigations into PFAS in drinking water and groundwater are in, it is likely that the California Legislature, Governor Newsom and various state regulatory agencies will continue to increase their focus on PFAS in California with new laws and regulations. Regardless, water systems will have a short time to plan for compliance with AB 756, as the law becomes effective on January 1, 2020. OCSD Legislative Plan: Source Control - Support legislation and funding mechanisms that reduce the amount of trash, waste, chemicals, and harmful organic material that enter the sewer system. Additional Priority Legislation AB 1184 (Gloria) — Public records. writing transmitted by electronic mail. retention. Would, unless a longer retention period is required by statute or regulation, require a public agency for purposes of the California Public Records Act to retain and preserve for at least 2 years every writing containing information relating to the conduct of the public's business prepared, owned, or used by any public agency that is transmitted by electronic mail. AB 1184 Is in the Senate Appropriations Suspense File. OCSD Legislative Plan: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. June 2019 Report 5 SB 1 (Atkins)— California Environmental, Public Health, and Workers Defense Act of 2019 SB 1 seeks to freeze federal Clean Air Act, Clean Water Act, Safe Drinking Water Act, Endangered Species Act, Fair Labor Standards Act, Occupational Safety and Health Act and Coal Mine Health and Safety Act requirements to those in place as of January 19, 2017. SB 1 refers to federal requirements existing as of this date, as "baseline federal standards." SB 1 is intended to "ensure continued protections for the environment, natural resources, and public health and safety" in California, even if the noted federal laws are "undermined, amended or repealed" by making the baseline environmental standards the new floor for environmental and worker protections in California. SB 1 will be heard in the Assembly Appropriations Committee on August 21. OCSD Legislative Plan: Public Health - Protection of public health is OCSD's core mission. OCSD will work cooperatively with county and state health officers to assure local health protection. SB 210 (Leyva) — Heavy-Duty Vehicle Inspection and Maintenance Program SB 210 directs the Air Resources Board (ARB) to work in coordination with multiple state agencies in order to develop and implement a Heavy-Duty Inspection and Maintenance Program for non-gasoline, heavy-duty, on-road trucks. Specifically, SB 210 would develop a pilot program to measure and enforce new regulations on heavy duty on-road trucks and then require ARB to adopt a full program within two years after the pilot program ends. SB 210 is currently in the Assembly Appropriations Committee and will be heard on August 21. OCSD Legislative Plan: Air Quality - Support measures that maintain and enhance local decision-making authority, where appropriate, in the development and implementation of air quality attainment strategies SB 667 (Hueso) — Greenhouse gases. recycling infrastructure and facilities. SB 667 would require CalRecycle in coordination with the Treasurer to develop financial incentive mechanisms, including, but not limited to, loans and incentive payments, to fund organic waste diversion and recycling infrastructure. This bill also requires CalRecycle to develop and amend a 5-year investment strategy to drive innovation and support technological development and infrastructure. SB 667 is currently in the Assembly Appropriations Committee and will be heard on August 21. OCSD Legislative Plan: Biosolids and Biogas -Support the promotion and funding of local pilot programs, studies, and research for the beneficial use of biosolids. June 2019 Report 6 OCSD State Bills of Interest ProposedWbsITION POSITIONS High Priority AB 11 Chiu [D] Community Redevelopment Law of 2019 Current law dissolved Failed to pass the Watch State Priorities: Continue to ACCOC - NYC redevelopment agencies as of February 1, 2012, and designates Assembly monitor the state budget LOCC -Watch successor agencies to act as successor entities to the dissolved Appropriations process and actively protect CASA- NYC redevelopment agencies. This bill, the Community Redevelopment Law Committee and is now a the allocation of local ACWA- NYC of 2019, would authorize a city or county, or two or more cities acting two-year bill property taxes to CSDA- Oppose jointly, to propose the formation of an affordable housing and special districts. unless amended infrastructure agency by adoption of a resolution of intention that meets specified requirements, including that the resolution of intention include a passthrough provision and an override passthrough provision, as defined. AB 68 Ting [D] Land use: accessory dwelling units. The Planning and Zoning Law Currently in the Senate Watch Legislative and Regulatory ACCOC - NYC authorizes a local agency to provide, by ordinance, for the creation of Appropriations Policies: Special Districts - LOCC -Watch accessory dwelling units in single-family and multifamily residential Suspense File Oppose further state CASA- NYC zones and sets forth required ordinance standards, including, among regulations that adversely ACWA- NYC others, lot coverage. This bill would delete the provision authorizing the impact special district CSDA-Watch imposition of standards on lot coverage and would prohibit an ordinance financing, operations, and from imposing requirements on minimum lot size. administration. AB 69 Ting [D] Land use: accessory dwelling units. Current law requires the Currenity in the Senate Watch Legislative and Regulatory ACCOC - NYC Department of Housing and Community Development to propose Appropriations Policies: Special Districts - LOCC -Watch building standards to the California Building Standards Commission, and Suspense File Oppose further state CASA- NYC to adopt, amend, or repeal rules and regulations governing, among other regulations that adversely ACWA- NYC things, apartment houses and dwellings, as specified. This bill would impact special district CSDA-Watch require the department to propose small home building standards financing, operations, and governing accessory dwelling units smaller than 800 square feet,junior administration. accessory dwelling units, and detached dwelling units smaller than 800 square feet, as specified, and to submit the small home building standards to the California Building Standards Commission for adoption on or before January 1, 2021. AB 134 Bloom [D] Safe Drinking Water Restoration Would require the State Water Two Year Bill Watch State Priorities: Support ACCOC - NYC Resources Control Board to report to the Legislature by July 1, 2025, on legislation or regulations that LOCC -Watch its progress in restoring safe drinking water to all California communities restrict the use of CASA- NYC and to create an internet website that provides data transparency for all microplastics in any product ACWA- NYC of the board's activities described in this measure. The bill would require that is disposed of through CSDA-Watch the board to develop metrics to measure the efficacy of the fund in the sewer system. ensuring safe and affordable drinking water for all Californians. OCSD State Bills of Interest AUTHORBILL SUMMARY d LATEST ACTION OCSD LEGISLATIVE PLAN OTHER AB 223 Stone [D] California Safe Drinking Water Act: microplastics The California Safe Two Year Bill Watch State Priorities: Support ACCOC - NYC Drinking Water Act requires the State Water Resources Control Board to legislation or regulations that LOCC -Watch administer provisions relating to the regulation of drinking water to restrict the use of CASA- NYC protect public health. Current law requires the state board, on or before microplastics in any product ACWA- NYC July 1, 2020, to adopt a definition of microplastics in drinking water and, that is disposed of through CSDA-Watch on or before July 1, 2021, to adopt a standard methodology to be used in the sewer system. the testing of drinking water for microplastics and requirements for 4 years of testing and reporting of microplastics in drinking water, including public disclosure of those results. This bill would require the state board, to the extent possible, and where feasible and cost effective, to work with the State Department of Public Health in complying with those requirements. AB 231 Mathis [R] California Environmental Quality Act: exemption: recycled water. Two Year Bill Watch State Priorities: Support ACCOC - NYC Would exempt from CEQA a project to construct or expand a recycled efforts to reform the LOCC -Watch water pipeline for the purpose of mitigating drought conditions for which California Environmental CASA- NYC a state of emergency was proclaimed by the Governor if the project Quality Act (CEQA)to ACWA- NYC meets specified criteria. Because a lead agency would be required to streamline current CSDA- Support determine if a project qualifies for this exemption, this bill would impose procedures a state-mandated local program. The bill would also exempt from CEQA and regulations for projects the development and approval of building standards by state agencies to refurbish or replace for recycled water systems. existing infrastructure facilities. AB 291 Chu Emergency preparedness Would establish a Local Emergency Two Year Bill Watch State Priorities: Secure ACCOC - NYC Preparedness and Hazard Mitigation Fund to support staffing, planning, funding through grants and LOCC -Watch and other emergency mitigation priorities to help local governments meet legislation for infrastructure, CASA- NYC emergency management, preparedness, readiness, and resilience goals. collection improvements and ACWA- NYC The bill would, upon appropriation by the Legislature, require the alternative renewable energy CSDA-Watch Controller to transfer$500,000,000 to the fund. The bill would require the at the Fountain Valley, Plant Office of Emergency Services to establish the Local Emergency No. 1 and Huntington Beach, Preparedness and Hazard Mitigation Fund Committee under the Plant No. 2. Standardized Emergency Management System Advisory Board. AB 292 Quirk [D] Recycled water: raw water and groundwater augmentation Current Currently on Assembly Watch Legislative and Regulatory ACCOC - NYC law requires the State Water Resources Control Board, on or before Floor Policies: Water Quality and LOCC -Watch December 31, 2023, to adopt uniform water recycling criteria for direct Supply- Support measures CASA- NYC potable reuse through raw water augmentation, as specified. This bill that promote and provide for ACWA- NYC would eliminate the definition of"direct potable reuse" and instead would the use of reclaimed water CSDA- Support substitute the term "groundwater augmentation"for"indirect potable reuse for groundwater recharge" in these definitions. The bill would require, on or before December 31, 2023, the state board to adopt uniform water recycling criteria for raw water augmentation. OCSD State Bills of Interest - . • IFMGM AB 352 E. Garcia [D] Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Gut and Amend. Watch Legislative and Regulatory Flood Protection Bond Act of 2020. Would enact the Wildfire Currently in Senate Policies: Grant Funding - Prevention, Safe Drinking Water, Drought Preparation, and Flood Environmental Quality Support legislation, bonds, Protection Bond Act of 2020, which, if approved by the voters, would Committee programs and projects that authorize the issuance of bonds in the amount of$3,920,000,000 provide funding for: pursuant to the State General Obligation Bond Law to finance a wildlife infrastructure construction prevention, safe drinking water, drought preparation, and flood protection and rehabilitation, special program.The bill would provide for the submission of these provisions to studies and research or the voters at the November 3, 2020, statewide general election. projects relating to security, environmental education, water quality, wastewater processing, urban runoff, wastewater recycling, biosolids and organics management, water quality improvement, resource recovery, or alternative energy. AB 405 Rubio [D] Sales and use taxes: exemption: water treatment. Would exempt Two Year Bill Watch Guiding Principles: Seek ACCOC - NYC from Sales and Use Tax the gross receipts from the sale in this state of, funds for OCSD projects LOCC -Watch and the storage, use, or other consumption in this state of, chemicals through grants, CASA- Support used to treat water, recycled water, or wastewater regardless of whether appropriations, or other ACWA- NYC those chemicals or other agents become a component part thereof and means;❑ CSDA- Support regardless of whether the treatment takes place before or after the delivery to consumers. AB 510 Cooley[D] Local government records: destruction of records. Current law Two Year Bill Watch Legislative and Regulatory ACCOC - NYC authorizes the head of a department of a county or city, or the head of a Policies: Security- Support LOCC -Watch special district to destroy recordings of telephone and radio legislation that would create CASA- NYC communications maintained by that county, city, or special district after efficiencies around the ACWA- NYC 100 days if that person receives approval from the legislative body and retention policy of CSDA- Sponsor the written consent of the agency attorney. This bill would exempt the surveillance video for head of a department of a county or city, or the head of a special district innocuous recordings. from these recording retention requirements if the county, city, or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications. OCSD State Bills of Interest AB 587 Friedman [D] Accessory dwelling units: sale or separate conveyance Current Currently on Senate Watch Legislative and Regulatory ACCOC - NYC property tax law establishes a welfare exemption under which property is Floor Policies: Special Districts - LOCC -Watch exempt from taxation if the property is owned and operated by a Oppose further state CASA-Work w/ nonprofit corporation that is organized and operated for the purpose of regulations that adversely author building and rehabilitating single-family or multifamily residences for sale, impact special district ACWA- NYC as provided, at cost to low-income families. This bill would authorize a financing, operations, and CSDA-Watch local agency to allow, by ordinance, an accessory dwelling unit that was administration. created pursuant to the process described above to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met. AB 756 Garcia [D] Public water systems: perfluoroalkyl substances and Signed into law on July Watch Legislative and Regulatory ACCOC - NYC polyfluoroalkyl substances Would authorize the State Water 31. Policies: Source Control - LOCC -Watch Resources Control Board to order a public water system to monitor for Support legislation and CASA-Watch perfluoroalkyl substances and polyfluoroalkyl substances. The bill would funding mechanisms that ACWA-Watch require a community water system or a nontransient noncommunity reduce the amount of trash, CSDA-Watch water system, upon a detection of these substances, to report that waste, chemicals, and detection, as specified. The bill would require a community water system harmful organic material that or a nontransient noncommunity water system where a detected level of enter the sewer system. these substances exceeds the response level to take a water source where the detected levels exceed the response level out of use or provide a prescribed public notification. AB 841 Ting [D] Drinking water: contaminants: perfluoroalkyl and polyfluoroalkyl Two Year Bill Watch Legislative and Regulatory ACCOC - NYC substances. Would require the Office of Environmental Health Hazard Policies: Source Control - LOCC -Watch Assessment to adopt and complete a work plan within prescribed Support legislation and CASA-Watch timeframes to assess which substances in the class of perfluoroalkyl and funding mechanisms that ACWA-Watch polyfluoroalkyl substances should be identified as a potential risk to reduce the amount of trash, CSDA-Watch human health, as provided. The bill would require the office, as part of waste, chemicals, and those assessments, to determine which of the substances are harmful organic material that appropriate candidates for notification levels to be adopted by the state enter the sewer system. board. The bill would require the Office of Environmental Health Hazard Assessment, by January 1, 2022, to provide to the Legislature an update on the assessment. AB 992 Mullin [D] Open meetings: local agencies: social media Would provide that the Two Year Bill Watch Legislative and Regulatory ACCOC - NYC Ralph M. Brown Act does not apply to the posting, commenting, liking, Policies: Special Districts - LOCC -Watch interaction with, or participation in, internet-based social media platforms Oppose further state CASA-Approve that are ephemeral, live, or static, by a majority of the members of a regulations that adversely ACWA- NYC legislative body, provided that a majority of the members do not discuss impact special district CSDA- Support among themselves business of a specific nature that is within the subject financing, operations, and matter jurisdiction of the legislative body of the local agency. administration. OCSD State Bills of Interest MLAUTHOR SUMMARY LATEST ACTION OCSD LEGISLATIVE PLAN OTHER POSITION POSITIONS AB 1080 Gonzalez [D] California Circular Economy and Plastic Pollution Reduction Act Currently in the Senate Watch State Priorities: Support ACCOC - NYC Would establish the California Circular Economy and Plastic Pollution Appropriations legislation or regulations that LOCC - Support Reduction Act, which would require the Department of Resources Committee and will be restrict the use of CASA- NYC Recycling and Recovery, in consultation with the State Water Resources heard August 26. microplastics in any product ACWA- NYC Control Board and the Ocean Protection Council, to adopt, on or before that is disposed of through CSDA- NYC January 1, 2023, regulations to achieve, by 2030, a 75% reduction by the sewer system.Li manufacturers and retailers of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting. AB 1180 Friedman [D] Water: recycled water The California Safe Drinking Water Act requires Currently in the Senate Watch Legislative and Regulatory ACCOC - NYC the State Water Resources Control Board to administer provisions Appropriations Policies: Recycled Water- LOCC -Watch relating to the regulation of drinking water to protect public health. Committee Suspense support measures that CASA- Support Current law requires, on or before January 1, 2020, the state board to File promote and provide for the ACWA- NYC adopt standards for backflow protection and cross-connection control use of reclaimed water. CSDA- Support through the adoption of a policy handbook, as specified. This bill would require that handbook to include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service. AB 1184 Gloria [D] Public records: writing transmitted by electronic mail: retention Currently in the Senate Watch Legislative and Regulatory ACCOC - NYC Would, unless a longer retention period is required by statute or Appropriations Policies: Special Districts - LOCC - Oppose regulation, require a public agency for purposes of the California Public Suspense File Oppose further state CASA-Watch Records Act to retain and preserve for at least 2 years every writing regulations that adversely ACWA- NYC containing information relating to the conduct of the public's business impact special district CSDA- Oppose prepared, owned, or used by any public agency that is transmitted by financing, operations, and electronic mail. administration. AB 1588 Gloria [D] Drinking water and wastewater operator certification programs Currently on Senate Watch Legislative and Regulatory ACCOC - NYC Current law requires a person who operates a nonexempt wastewater Floor Policies: Special Districts - LOCC -Watch treatment plant to possess a valid, unexpired wastewater certificate or Oppose further state CASA- Support water treatment operator certificate of the appropriate grade. This bill, regulations that adversely ACWA- NYC when applying for certification by the board as a water treatment impact special district CSDA-Support operator, distribution system operator, or wastewater operator, would financing, operations, and require operators of complex industrial facilities, including members of administration. the military and military service veterans, to receive appropriate equivalent experience credit and education credit for work and tasks performed that are directly related to the operation of water or wastewater facilities, as specified. OCSD State Bills of Interest FROM AB 1672 Bloom [D] Solid waste: flushable products The California Integrated Waste Two Year Bill Support Legislative and Regulatory ACCOC - NYC Management Act of 1989, administered by the Department of Resources Policies: Source Control - LOCC -Watch Recycling and Recovery, generally regulates the disposal, management, Support legislation that CASA- Sponsor and recycling of solid waste. This bill would, among other things, on or regulates the disposal of ACWA- Support after January 1, 2021, prohibit a covered entity, as defined, from labeling flushable wipes. CSDA- Support a covered product as safe to flush, safe for sewer systems, or safe for septic systems, unless the product is a flushable wipe that meets certain performance standards. The bill would require nonflushable products to be labeled clearly and conspicuously to communicate that they should not be flushed, as specified. ACA 1 Aguiar-Curry[D] Local government financing: affordable housing and public Currently on the Watch Guiding Principles: Seek ACCOC - NYC infrastructure: voter approval. The California Constitution prohibits the Assembly Floor funds for OCSD projects LOCC - Support ad valorem tax rate on real property from exceeding 1% of the full cash through grants, CASA- Support value of the property, subject to certain exceptions. This measure would appropriations, or other ACWA- NYC create an additional exception to the 1% limit that would authorize a city, means; CSDA- Support county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements. SB 1 Atkins [D] California Environmental, Public Health, and Workers Defense Act Currently in the Watch Legislative and Regulatory ACCOC - NYC of 2019. This bill seeks to freeze federal Clean Air Act, Clean Water Act, Assembly Policies: Public Health: LOCC -Watch Safe Drinking Water Act, Endangered Species Act, Fair Labor Standards Appropriations Protection of public health is CASA- NYC Act, Occupational Safety and Health Act and Coal Mine Health and Committee and will be OCSD's core mission. OCSD ACWA- Oppose Safety Act requirements to those in place as of January 19, 2017. SIB 1 heard August 21 will work cooperatively with CSDA- NYC refers to federal requirements existing as of this date, as "baseline county and state health federal standards." SIB 1 is intended to "ensure continued protections for officers to assure local health the environment, natural resources, and public health and safety" in protection. California, even if the noted federal laws are "undermined, amended or repealed" by making the baseline environmental standards the new floor for environmental and worker protections in California OCSD State Bills of Interest AUTHORBILL SUMMARY LATEST ACTION OCSD LEGISLATIVE PLAN OTHER POSITION 'AOL DnQ1T1QWW9__ SB 5 Beall [D] Local-State Sustainable Investment Incentive Program Would Currently in the Watch State Priorities: Continue to ACCOC - NYC establish in state government the Affordable Housing and Community Assembly monitor the state budget LOCC - Support Development Investment Program, which would be administered by the Appropriations process and actively protect CASA-Watch Affordable Housing and Community Development Investment Committee and will be the allocation of local ACWA- NYC Committee. The bill would authorize a city, county, city and county,joint heard August 21 property taxes to CSDA-Watch powers agency, enhanced infrastructure financing district, affordable special districts. housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the Affordable Housing and Community Development Investment Committee to participate in the program and would authorize the committee to approve or deny plans for projects meeting specific criteria. SB 13 Weickowski [D] Accessory dwelling units Would authorize the creation of accessory Currently in the Watch Legislative and Regulatory ACCOC - NYC dwelling units in areas zoned to allow single-family or multifamily Assembly Policies: Special Districts - LOCC - Oppose dwelling use. The bill would also revise the requirements for an Appropriations Oppose further state unless amended accessory dwelling unit by providing that the accessory dwelling unit may Committee and will be regulations that adversely CASA-Work w/ be attached to, or located within, an attached garage, storage area, or heard August 21. impact special district author other structure, and that it does not exceed a specified amount of total financing, operations, and ACWA- NYC floor area. administration. CSDA- Oppose SB 33 Skinner Solid waste: reduction and recycling. The California Integrated Waste Currently in the Senate Watch Legislative and Regulatory ACCOC - NYC Management Act of 1989, administered by the Department of Resources Rules Committee Policies: Biosolids and LOCC -Watch Recycling and Recovery, generally regulates the disposal, management, Biogas - Limit redundant CASA- NYC and recycling of solid waste.This bill would state the intent of the reporting requirements on ACWA- NYC Legislature to enact legislation that would address the collapse of foreign organics, recyclable material, CSDA-Watch recycling markets by reducing solid waste generation, encouraging and solid waste as mandated transition to compostable or recyclable materials, and fostering domestic by AB 901. recycling markets. OCSD State Bills of Interest REM SB 134 Hertzberg [D] Water conservation: water loss performance standards: Currently on the Watch Legislative and Regulatory ACCOC - NYC enforcement. Current law requires the State Water Resources Control Assembly Floor Policies: Water Supply- LOCC -Watch Board, no earlier than January 1, 2019, and no later than July 1, 2020, to Support legislation and CASA- NYC adopt rules requiring urban retail water suppliers to meet performance regulation that necessitate ACWA- NYC standards for the volume of water losses. This bill would prohibit the the responsible use of water CSDA- Support board from issuing an information order, written notice, or conservation in residential, commercial, order to an urban retail water supplier that does not meet its urban water and industrial areas use objective if the board determines the urban retail water supplier is not meeting its urban water use objective solely because the volume of water loss exceeds the urban retail water supplier's standard for water loss and the board is taking enforcement action against the urban retail water supplier for not meeting the performance standards for the volume of water losses. SB 200 Safe and Affordable Drinking Water Fund. Would establish the Safe Signed into law Watch State Tactics: Support tax ACCOC - NYC and Affordable Drinking Water Fund in the State Treasury to help water reform that LOCC -Watch systems provide an adequate and affordable supply of safe drinking protects public agencies CASA- NYC water in both the near and the long term. The bill would authorize the ACWA- NYC board to provide for the deposit into the fund of federal contributions, CSDA-Watch voluntary contributions, gifts, grants, and bequests and would provide that moneys in the fund are available, upon appropriation by the Legislature, to the board to fund grants, loans, contracts, or services to assist eligible recipients. SB 210 Leyva [D] Heavy-Duty Vehicle Inspection and Maintenance Program. Current Currently in the Watch Legislative and Regulatory ACCOC - NYC law requires the State Air Resources Board, in consultation with the Assembly Policies: Air Quality- LOCC -Watch Bureau of Automotive Repair and a specified review committee, to adopt Appropriations Support measures that CASA-Watch regulations requiring owners or operators of heavy-duty diesel motor Committee and will be maintain and enhance local ACWA-Watch vehicles to perform regular inspections of their vehicles for excessive heard August 21. decision-making authority, CSDA-Watch emissions of smoke. Current law requires the state board, in consultation where appropriate, in the with the State Energy Resources Conservation and Development development and Commission, to adopt regulations requiring heavy-duty diesel motor implementation of air quality vehicles to use emission control equipment and alternative fuels. This bill attainment strategies would require the state board, in consultation with the bureau and other specified entities, to implement a pilot program that develops and demonstrates technologies that show potential for readily bringing heavy- duty vehicles into an inspection and maintenance program. OCSD State Bills of Interest MIAUTHOR SUMMA LATEST ACTION OCSD LEGISLATIVE PLAN OTHER W Ml-. POSITION LfiMLDnQ1T1QWM9__ SB 332 Hertzberg [D] Wastewater treatment: recycled water. Would declare, except in Two Year Bill Watch State Legislation: Work with ACCOC - NYC compliance with the bill's provisions, that the discharge of treated legislators who introduced LOCC - Oppose wastewater from ocean outfalls is a waste and unreasonable use of legislation such as SB 163 CASA- Oppose water. The bill would require each wastewater treatment facility that (Hertzberg, 2015) in order to ACWA- NYC discharges through an ocean outfall and affiliated water suppliers to ensure that no unrealistic CSDA- Oppose reduce the facility's annual flow as compared to the average annual regulations are placed on wastewater discharge baseline volume, as prescribed, by at least 50% wastewater treatment on or before January 1, 2030, and by at least 95% on or before January facilities, including OCSD 1, 2040. The bill would subject the owner or operator of a wastewater treatment facility, as well as the affiliated water suppliers, to a civil penalty of$2,000 per acre-foot of water above the required reduction in overall volume discharge for the failure to meet these deadlines. SB 457 Hueso [D] Biomethane: gas corporations Under existing law, the Public Utilities Currently on the Watch Legislative and Regulatory ACCOC - NYC Commission has regulatory authority over public utilities, including gas Assembly Floor Polciies: Biosolids and LOCC -Watch corporations. Existing law authorizes the commission to fix the rates and Biogas -Support CASA- Refer to charges for every public utility and requires that those rates and charges streamlined legislation, Committee be just and reasonable. Existing law requires the commission to adopt regulations and policies that ACWA- NYC policies and programs that promote the in-state production and encourage the procurement CSDA- NYC distribution of biomethane, as defined, and that facilitate the of biogas, biosolids, and development of a variety of sources of in-state biomethane. This bill compost. would require the Public Utilites Commission to extend the program until December 31, 2026. This bill contains other related provisions and other existing laws. SB 667 Hueso [D] Greenhouse gases: recycling infrastructure and facilities. Would Currently in the Watch Legislative and Regulatory ACCOC - NYC require the Department of Resources Recycling and Recovery to Assembly Polciies: Biosolids and LOCC - Support develop, on or before January 1, 2021, and would authorize the Appropriations Biogas - Support the CASA- Support department to amend, a 5-year investment strategy to drive innovation Committee and will be promotion and funding of ACWA- NYC and support technological development and infrastructure, in order to heard August 21. local pilot programs, studies, CSDA- NYC meet specified organic waste reduction and recycling targets, as and research for the provided. The bill would require, on or before June 1, 2021, the beneficial use of biosolids. department, in coordination with the Treasurer, to develop financial incentive mechanisms, including, but not limited to, loans and incentive payments, to fund organic waste diversion and recycling infrastructure. OCSD State Bills of Interest SB 732 Allen [D] Transactions and use tax. Current law establishes the South Coast Air Two Year Bill Watch Legislative and Regulatory ACCOC - NYC Quality Management District vested with the authority to regulate air Polciies: Air Quality- LOCC -Watch emissions from stationary sources located in the South Coast Air Basin Support air quality CASA- NYC and establishes a district board to govern the district. This bill would legislations, regulations, ACWA- NYC authorize the south coast district board to impose a transactions and use rules, and policies that CSDA- No tax within the boundaries of the south coast district, as specified, with the emphasize the use of position moneys generated from the transactions and use tax to be used to advanced technologies and supplement existing revenues being used for south coast district promote greater flexibility and purposes, as specified. financial incentives to reduce air emission. Legend: ACC-OC -Association of California Cities, Orange County LOCC - League of California Cities NYC- Not Yet Considered CASA- California Association of Sanitation Agencies ACWA-Association of California Water Agencies CSDA- California Special Districts Association OCSD's Grant and Loan Funding Tracker 2018-2019 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying Y/N Project/Pro ram Reason Match Deadline Category Rcvd Grant/ Applying for j g g rY Financing Y/N IN STATE $1.4 billion from the Cap and Trade program(Greenhouse $25 million-Waste Diversion Projects. It is uncertain how much funding will Cap and Trade Funding Gas Reduction Fund)was was appropriated in the Specifics TBD TBD TBD TBD be available for the District's projects, TBD Unknown at this time Energy/Recycling TBD adopted 2019-2020 budget. or what the funding will be used for. The Proposition 1 IRWM Grant Program,administered by TPA and OCSD are monitoring the DW R,provides funding for projects that help meet the grant program development from the long term water needs of the state,including: Santa Ana Watershed Project Integrated Regional Water Authority(SAWPA).The solicitation Management(IRWM)Grant Program Assisting water infrastructure systems adapt to climate NA NA TBD(Round 2) NA for bids was announced by SAW PA 50% NA. for Round 2 Will return in 2021 Water No change; and staff determined that an Providing incentives throughout each watershed to application for funding was not collaborate in managing the region's water resources and warranted due to a lack of eligible setting regional priorities for water infrastructure and competitive projects. FEDERAL The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally Reclamation is making up to$20 million The Sanitation District is applying for authorized or are eligible under section 4009(c)of the Title 16 will pay up to The Water Infrastructure WIIN Act to request cost-shared funding for planning, available for those projects authorized under $550,000 Yes Final Expansion of GWRS Headworks Segregation project that 25 percent of the 7/2 712 0 1 8 Water/Infrastructure No Improvements Act(WIIN) design and/or construction of those Projects.Water the WIIN Act and$34 million for the Headworks(P2-122) will help to bring more water to the available money reclamation and reuse projects provide improved congressionally authorized Title XVI projects. GWRS. efficiency,flexibility during water shortages and diversifies the water supply. The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally The Sanitation District applied for authorized or are eligible under section 4009(c)of the Reclamation is making up to$20 million Title 16 will pay up to The Water Infrastructure Final Expansion WIIN Act to request cost-shared funding for planning, available for those projects authorized under $3 million Yes 2 GWRS Headworks Segregation project that 25 percent of the 6/28/2019 Water/Infrastructure TBD Improvements Act(WIIN) design and/or construction of those Projects.Water the WIIN Act. Headworks(P -122) will help to bring more water to the available money reclamation and reuse projects provide improved GWRS. efficiency,flexibility during water shortages and diversifies the water supply. Stormwater and CSO Grant Program USEPA is authorized to provide grants assistance of Funding cost-share is not identified in the law TBD TBD.We will monitor for possible TBD Funding must be appropriated as part TBD TBD Water/Infrastructure TBD public agencies to control stormwater flows and CSO's funding opportunities/A of current FY 2019 budget impasse Updated 6/21/2019 OCSD's Grant and Loan Funding Tracker 2018-2019 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying Y/N Project/Pro ram Reason Match Deadline Category Rcvd Grant/ Applying for j g g rY Financing Y/N A minimum of$20 million to as much as$100 Project Funding Opportunity: million based upon prior years'budgets. Energy production to reduce costs of USBR could receive as much as$130 million recycled water through innovative technologies like The Department of Energy(DOE), The DOE's Office of Energy Efficiency is likely to in support of the WaterSmart(due to We will review the possible funding We will monitor for possible Aquacritox,Innovative water USBR and USEPA continue to be funded by Congress to support such increased funding under WIIN)during the TBD TBD.funding opportunities monitoring technology that can opportunity to determine if it is a fit for N/A TBD Energy TBD efforts as biogas,biosolids and green energy. next several years.USBR will issue the Sanitation District. solicitations for innovative approaches to produce efficient real time managing water and water treatment through monitoring and data analysis, technology and processes. Improvogasements. Management and Use mprovements. Other The primary focus of the Community Partnering Program(CPP)is sponsorship of water conservation and water-use efficiency programs and activities.Applications must be submitted 30 days prior to the start date of the event or program. Community Partnering Program Grant Metropolitan Water District Requests for a maximum$2,000 award will be $2,000 Yes For Plant No.1 Signage Applied Match ongoing Education Yes reviewed year-round and funds are awarded throughout the year.Funds are limited, however,and may be depleted prior to the ending of this fiscal year(June 30). The California Government Operations Agency (GovOps)will award$500,000 in grants as part of the statewide California Mass Timber Building Competition.Grants will be awarded to selected proponent teams presenting viable Mass Timber Competition CalGovOps and repeatable mass timber solutions for $40,000 Yes Headquarters Building Applied No 03/18/19 Environment Yes commercial and multi-family projects in California.The competition is being hosted by GovOps and administered by WoodWorks— Wood Products Council. Updated 6/21/2019 9/9/2019 O�JN_xV SANIrgT�QY = A cc c o � • • ' ' Presented By: 9°� F oa • cl�N� THE ENV\Q Eric Sapirstein ENS Resources, Inc. September g, zosg Key legislative activities INFRASTRUCTURE: HOUSE REAUTHORIZATION • $i7 Billion over five years • Set Asides:Green Infrastructure,Subsidized Assistance,and Alternative Water Supply Projects • Worker Development Programs • House Committee Mark-up Unclear ■ ■ ■ LEGISLATION H.R. 1.764 • House Committee Staff Offer Options for Compromise Approach • Strong Support from CASA Mayors,Counties,NACWA,WEF,ACWA and WateReuse •A: National Defense Authorization • House and Senate Working on Global PFAS Agreement • Deadline for Compromise Outline Mid-September • Focus on Superfund Designation and Monitoring/Treatment Standards FUNDING OF • • AGENCY BUDGETS 2 1 9/9/2019 Questions *IF s 3 2 TOWNSEND PUBLIC AFFAIRS EST TPA 1998 • y� WWW.TOWNSENDPA.COM • , SACRAMENTO•WASHINGTON,DC NORTHERN CALIFORNIA•CENTRAL CALIFORNIA•SOUTHERN CALIFORNIA • , ' Agenda - Legislative Schedule and Deadlines Potential 2020 Water Bond Priority Legislation Priority Legislation Continued Slide 2 9/9/2019 Legislative • and Deadlines Legislative Schedule and Deadlines • August 30 was the last day for bills to be heard in fiscal committees — Over 600 bills were heard in just a few hours • Approximately 810 bills are still eligible for consideration in 2019 • The Legislature has moved to Floor session only • September 13 is the last day to pass bills SACR), WENTO nn 4 2 9/9/2019 Hot Topics - • The following topics are expected to be discussed at length in the final week of the legislative session: • Housing legislation including rent control • Labor classification • Vaccine exemptions • Various local control measures 5 Potential 2020 Water Bond 6 3 9/9/2019 ' : 2020 : • • • Asm. Eddie Garcia (D — Coachella) has amended his AB 352 to become a 2020 Wildfire/Climate Change/Water Bond • Currently, the bill authorizes $3.9 billion in GO bonds • Dollar amounts for top-line categories include: — $1.25 billion for natural disaster/climate change resilience — $925 million for safe drinking water BALLOT — $725 million for parks BOX — $475 million for fish and wildlife — $100 million for agriculture — $215 million for coastal protection — $230 million for climate education 7 Priority Legislation 8 4 9/9/2019 C 756 • AB 756 authorizes the State Water Board to order public water systems to monitor for PFAS substances • Requires public water systems to issue notifications for detection and PFUS PFOA PFHzS exceedance of PFAS authorized levels • Amendments late in the process improved upon a possible mandate for water systems • Bill has been signed into law by Governor Newson imm oill, i • • • Recycling Infrastructure • Would authorize CalRecycle to create incentives and financing mechanisms for the development of organic waste infrastructure • Largely seen as a path forward to compliance with short-lived climate pollutants for jurisdictions (SB 1383, Lara) • OCSD supported the bill in May 2019 • Bill was held in the Assembly Appropriations Committee's Suspense File and is now a two-year bill 10 5 9/9/2019 Priority - • • • - • Mi 11 • Legislation AB 292(Quirk) Changes the definition of potable reuse of recycled water by Support Currently in the Senate Inactive File including raw water augmentation,treated drinking water augmentation,groundwater augmentation,or reservoir water augmentation within the definition of recycled water and deleting direct and indirect potable reuse. AS 405(Rubio) Would exempt chemicals used by a city,county,public utility,and Support Held in the Assembly Appropriations sanitation district to treat water,recycled water,or wastewater Committee from sales tax AB 1184(Gloria) Would require all public agencies to maintain and archive all Oppose Currently on the Senate Floor transmitted electronic communications for two years minimum. AB 1486(Ting) Expands surplus land requirements for both the state and local Work with Currently on the Senate Floor. agencies.Requires that agencies offer surplus land to affordable Author housing developers and others when they determine it will be sold. AB 1672(Bloom) Would prohibit manufacturers from labeling wipes as"flushable" Support Held in the Assembly Appropriations unless they meet objective standards Committee SB 200(Monning) Provides$130 million per year for safe drinking water projects Watch Signed into law. from the Greenhouse Gas Reduction Fund. SB 332(Hertzberg) Requires each wastewater treatment facility that discharges Work with Held in the Senate Appropriations through an ocean outtall and affiliated water suppliers to reduce Author Committee the facility's annual flow as compared to the average annual wastewater discharge baseline volume by at least 50%on or before January 1,2030,and by at least 95%on or before January 1,2040. OM 6 9/9/2019 oJHtN SANI Iq tiO � 2 TOWNSEND PUBLIC AFFAIRS HT TPA 1998 Thank You Cori Williams Eric O'Donnell Southern California Senior Director SeniorAssociate CWilliams@townsendpa.com EODonnell@townsendpa.com www.townsendpa.com www.townsendoa.com 13 7 oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 STEERING COMMITTEE (714)5937433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-600 Agenda Date: 9/25/2019 Agenda Item No: 16. FROM: James D. Herberg, General Manager SUBJECT: GENERAL MANAGER'S FISCAL YEAR 2019-2020 WORK PLAN GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the General Manager's Fiscal Year 2019-2020 Work Plan. BACKGROUND Each year, the General Manager prepares a work plan of activities supporting the Orange County Sanitation District's strategic goals and initiatives to be accomplished during the fiscal year. The draft work plan was submitted to the Steering Committee for review and input from the Directors in August. This final work plan is being submitted to the Steering Committee and Board of Directors for approval. RELEVANT STANDARDS • Sustain 1, 5, 20-year planning horizons • 24/7/365 treatment plant reliability • Negotiate fair and equitable labor agreements • Commitment to safety & reducing risk in all operations • Meet volume and water quality needs for the GWRS • Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard PRIOR COMMITTEE/BOARD ACTIONS August 2019 - Draft work plan was reviewed with the Steering Committee and Board of Directors. ADDITIONAL INFORMATION The General Manager's work plan includes goals for the 2019-2020 fiscal year. The work plan has five areas of focus which include: Safety and Security, Succession Planning, Resource Recovery, Reliability, and Operational Optimization. Orange County Sanitation District Page 1 of 2 Printed on 9/19/2019 powered by LegistarTM File #: 2019-600 Agenda Date: 9/25/2019 Agenda Item No: 16. FINANCIAL CONSIDERATIONS All items included in the General Manager's work plan are budgeted in the FY 2019-2020 Budget. ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • General Manager's Fiscal Year 2019-2020 Work Plan Orange County Sanitation District Page 2 of 2 Printed on 9/19/2019 powered by LegistarTM "Y SAH,rAroy ORANGE COUNTY SANITATION DISTRICT s 9 Memorandum r/N@ THE ENv\P September 25, 2019 TO: Chairman and Members of the Board of Directors FROM: James D. Herberg General Manager SUBJECT: General Manager's Fiscal Year 2019-20 Work Plan I am pleased to present my Fiscal Year 2019-20 work plan. The work plan has nineteen goals organized under five focus areas including safety and security, succession planning, resource recovery, reliability, and operational optimization. This work plan was reviewed with the Steering Committee and Board of Directors on August 28, 2019 and a mid- year update will be provided in January 2020. 1. Safety and Security • Emergency Preparedness — Develop and conduct an external emergency response and recovery drill by June 30, 2020 that tests the Integrated Emergency Response Plan (IERP). • Safety Engineering Solutions — Complete six of the remaining eight Safety Improvement Construction Projects by June 30, 2020. • Voluntary Protection Plan (VPP) Certification — Apply for the VPP certification for Plant No. 1 by June 30, 2020. • Physical Security Plan — Complete the development and implementation of a Physical Security Plan by June 30, 2020. • Cyber Security Plan — Complete the development and implementation of a Cyber Security Plan by June 30, 2020. 2. Succession Planning • Leadership Development — Provide at least two specialized trainings tailored to the Supervisory Level and one for the EMT/ Managers by June 30, 2020. 3. Resource Recovery • Groundwater Replenishment System (GWRS) Final Expansion — Meet the following milestones to support the final expansion of GWRS: o Advertise for Construction of Project P2-122, Headworks Modifications at Plant No. 2 for GWRS Expansion by January 31, 2020. o Issue Construction Contract Notice to Proceed for Project P2-122, Headworks Modifications at Plant No. 2 for GWRS Expansion by June 30, 2020. • Emerging Contaminants — Work with industry, academic, and agency partners to develop science-based regulations and an adaptive plan by June 30, 2020 to address the potential impact of PFAS to OCSD. • Food Waste Digestion Pricing Policy— Present a draft policy and pricing plan to the Board of Directors by June 30, 2020. 4. Reliability • Asset Management Plan — Develop an Asset Management Plan by December 31, 2019 that includes an inventory of critical assets for each process area and the collection system; an evaluation of their condition and performance; and an implementation plan to maintain, rehabilitate, and replace these assets to meet the required levels of service at the lowest life cycle cost and at an acceptable level of risk. Page 2 • Central Generation Engines — Implement an in-house heavy mechanical maintenance team and award a contract by December 31, 2019 to overhaul two Central Generation Engines. • Pump Station Bypass Exercises— Bypass pump two Pump Stations to prove emergency readiness and use the exercise to do critical valve and electrical maintenance at those Pump Stations by June 30, 2020. 5. Operational Optimization • OCSD Headquarters Building—Advertise for Construction for Headquarters Complex Site Preparation, Contract No. P1-128C by February 29, 2020. Obtain City of Fountain Valley approvals for the Headquarters Building by June 30, 2020. • Document Management — Complete Records Management and Trusted System Needs Assessment by November 30, 2019. • Communications Audit — Complete the audit and provide a report to the Legislative and Public Affairs Committee by March 30, 2020. • Capital Project Delivery — Complete a formal design review framework by June 30, 2020. Complete a framework for regular updates of engineering policies and procedures, design guidelines, and engineering standards by June 30, 2020. • Solids Handling Optimization — Complete commissioning and optimize performance of new solids handling facilities at each plant by December 31, 2019. • Strategic Plan — Complete new Strategic Plan for adoption by the Board of Directors by November 30, 2019. • Two Year Budget — Complete new two-year budget for adoption by the Board of Directors on June 24, 2020. Page 3 oJ��V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 STEERING COMMITTEE (714)5937433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-612 Agenda Date: 9/25/2019 Agenda Item No: 17. FROM: David Shawver, Board Chairman SUBJECT: GENERAL MANAGER'S COMPENSATION AND BENEFITS GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Adopt Resolution No. OCSD 19-12 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases and salary range adjustments for the General Manager for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022", authorizing the Board Chair to implement increases consisting of a 3% salary range adjustment and corresponding salary increase annually and up to a 2.5% merit increase annually based on job performance as determined by the Board of Directors commencing in the first pay period of July 2019 for Fiscal Year 2019/2020. BACKGROUND The General Manager of the Orange County Sanitation District (Sanitation District) is employed on an At-Will basis and serves at the pleasure of the Board of Directors. According to Section 6 of the General Manager's At-Will Agreement, the "District's Steering Committee shall meet with the General Manager in August of each year during the term of this Agreement to review and evaluate his performance over the prior year. The Steering Committee shall make its recommendation(s) to the Board concerning adjustment to the compensation and/or benefits paid or provided to the General Manager, to be effective in July of the year of the review". The Sanitation District's Board of Directors has taken action in recent years to attract and retain critical executive- and management-level employees, ensuring compensation and benefits are competitive with the labor market. The General Manager's salary market position in 2016 was extremely low when compared to the Sanitation District's comparison agencies. Salary market position for the Sanitation District's General Manager was at the 7t" percentile in 2016 compared with the Sanitation District's comparison agencies. Board actions in the past two (2) years have significantly improved this issue. Salary increases and benefits package additions in the most recent employment contract have placed the Sanitation District's General Manager at the 68t" percentile in salary as of July 2019. Orange County Sanitation District Page 1 of 3 Printed on 9/19/2019 powered by LegistarTM File #: 2019-612 Agenda Date: 9/25/2019 Agenda Item No: 17. RELEVANT STANDARDS • Offer competitive compensation and benefits • Maintain positive employer-employee relations • Cultivate a highly qualified, well-trained, and diverse workforce • Comply with OCSD Policy (Policy 6.1 Appraisal of Performance) and the General Manager's At-Will Employment Agreement PROBLEM The General Manager's current salary market position is at the 68th percentile. The Sanitation District targets the 75th percentile for its overall market position and the General Manager's compensation currently falls below that mark. Additionally, salary market position for the General Manager could deteriorate if the salary range were to remain static while comparison agencies provide salary increases. This could potentially put the Sanitation District at risk for retention of executive staff. Also, Fiscal Year 2019/2020 increases for the Sanitation District's executive management and managers are currently under consideration. Salary compaction and internal alignment issues could arise in the future if the General Manager's salary range were to remain unchanged as other positions' salaries increase. PROPOSED SOLUTION Adopt Resolution No. OCSD 19-12, entitled "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases and salary range adjustments for the General Manager for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022". The proposed salary increases annually for three years consist of a 3% salary range adjustment and corresponding salary increase and up to a 2.5% merit increase each fiscal year based on job performance as determined by the Board of Directors. This is projected to move the General Manager's market position to the 75th percentile in salary by June 2022. The Sanitation District is committed to maintaining a competitive compensation market position that attracts and retains top employment talent. It is the Sanitation District's philosophy to compensate employees competitively and equitably; understanding the relative market position assists with that determination. RAMIFICATIONS OF NOT TAKING ACTION Potential retention issue of highly skilled and experienced executive staff. PRIOR COMMITTEE/BOARD ACTIONS June 2019 - Steering Committee conducted the annual performance evaluation of the General Manager for Fiscal Year 2018/2019 in closed session. July 2017 - Steering Committee conducted the annual performance evaluation of the General Orange County Sanitation District Page 2 of 3 Printed on 9/19/2019 powered by LegistarTM File #: 2019-612 Agenda Date: 9/25/2019 Agenda Item No: 17. Manager for Fiscal Year 2016/2017 in closed session. Resolution No. OCSD 16-29 included direction on adjustments to the compensation for Fiscal Year 2017/2018; no further Board action was needed to implement. November 2016 - Approved Resolution No. OCSD 16-29, which authorized adjustments to the General Manager's compensation and benefits for Fiscal Year 2016/2017 and Fiscal Year 2017/2018, specifically a base building salary increase and a salary range adjustment of 8.0% in July 2016 and a base building salary increase and a salary range adjustment of 8% in July 2017, respectively. ADDITIONAL INFORMATION The agency's accomplishments during the past year include the following: • Achieving successful negotiation and implementation of eleven agreements with various other public agencies • Reaffirming the Sanitation District's AAA credit ratings • Achieving the service level goal with only one sewer spill in over two years • Maintaining 100% compliance with its ocean discharge permit over a continuous six-year period (a first for the Sanitation District) • Addressing potential air quality permit violations • Commissioning new dewatering facilities • Making progress toward Cal OSHA VPP safety program certification CEQA N/A FINANCIAL CONSIDERATIONS The total salary cost increase is not to exceed $99,340 for the three-year period. Compensation and benefits costs, including impacts to existing benefits, are not to exceed a total amount of $111,202. ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Resolution No. OCSD 19-12 • General Manager's Current & Proposed Salary Schedule • General Manager's At-Will Employment Agreement Orange County Sanitation District Page 3 of 3 Printed on 9/19/2019 powered by LegistarTM RESOLUTION NO. OCSD 19-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING SALARY INCREASES AND SALARY RANGE ADJUSTMENTS FOR THE GENERAL MANAGER FOR FISCAL YEAR 2019/2020, FISCAL YEAR 2020/2021, AND FISCAL YEAR 2021/2022. WHEREAS, the General Manager provides organizational leadership, strategic direction, and District oversight for Orange County Sanitation District (OCSD); and WHEREAS, the General Manager serves in an at-will employment capacity, which may be terminated at any time by the Board with or without cause; and WHEREAS, it is OCSD's philosophy to compensate employee classifications competitively, which currently can be achieved through alignment with the salary market; and WHEREAS, the July 1, 2018, At-Will Agreement with the General Manager provides that, "District's Steering Committee shall meet with General Manager in August of each year during the term of this Agreement to review and evaluate his performance over the prior year. The Steering Committee shall make its recommendation(s) to the Board concerning adjustment to the compensation and/or benefits paid or provided to General Manager, to be effective in July of the year of review. After consideration of the recommendation(s) of the Steering Committee, the Board shall determine and approve the compensation, including benefits, payable to General Manager, which generally becomes effective July of the fiscal year of the review"; and WHEREAS, the Steering Committee commenced its review of the General Manager's performance in June 2019, finalized its review and made its recommendation to the Board on September 25, 2019. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER: 1. That the At-Will Agreement with the General Manager (Attached hereto as Exhibit 1) setting forth the terms and conditions of his employment, including a salary increase in the first pay period of July 2019, consisting of a 3.0% salary range adjustment and corresponding salary increase and 2.5% merit increase as determined by the Board of Directors, not to exceed 5.5% total, is hereby approved to be effective retroactively to the first pay period of July 2019; 2. A salary increase in the first pay period of July 2020, consisting of a 3.0% OCSD 19-12-1 salary range adjustment and corresponding salary increase and up to 2.5% merit increase to be determined by the Board of Directors based on job performance, not to exceed 5.5% total; 3. A salary increase in the first pay period of July 2021, consisting of a 3.0% salary range adjustment and corresponding salary increase and up to 2.5% merit increase to be determined by the Board of Directors based on job performance, not to exceed 5.5% total; AND 4. That the Board Chair, or his designee, is authorized to implement the changes to salary range and salary items approved herein. PASSED AND ADOPTED at a regular meeting of the Board of Directors held September 25, 2019. David John Shawver Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OCSD 19-12-2 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 19-12 was passed and adopted at a regular meeting of said Board on the 25t" day of September 2019, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 25t" day of September 2019. Kelly A. Lore Clerk of the Board of Directors Orange County Sanitation District OCSD 19-12-3 General Manager Salary Schedule Orange County Sanitation District Classification and Compensation Plan Current GENERAL MANAGER, FY 2018-19 Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5 EM37 Annual $ 255,778 $ 268,861 $ 282,610 $ 297,066 $ 312,250 Monthly $ 21,315 $ 22,405 $ 23,551 $ 24,755 $ 26,021 Hourly $ 122.97 $ 129.26 $ 135.87 $ 142.82 $ 150.12 Proposed Salary Range Adjustment 3.0% GENERAL MANAGER, Proposed FY 2019-20 Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5 EM37 Annual $ 263,453 $ 276,931 $ 291,096 $ 305,968 $ 321,610 Monthly $ 21,954 $ 23,078 $ 24,258 $ 25,497 $ 26,801 Hourly $ 126.66 $ 133.14 $ 139.95 $ 147.10 $ 154.62 Proposed Salary Range Adjustment 3.0% GENERAL MANAGER, Proposed FY 2020-21 Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5 EM37 Annual $ 271,357 $ 285,230 $ 299,832 $ 315,141 $ 331,261 Monthly $ 22,613 $ 23,769 $ 24,986 $ 26,262 $ 27,605 Hourly $ 130.46 $ 137.13 $ 144.15 $ 151.51 $ 159.26 Proposed Salary Range Adjustment 3.0% GENERAL MANAGER, Proposed FY 2021-22 Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5 EM37 Annual $ 279,490 $ 293,779 $ 308,818 $ 324,605 $ 341,203 Monthly $ 23,291 $ 24,482 $ 25,735 $ 27,050 $ 28,434 Hourly $ 134.37 $ 141.24 $ 148.47 $ 156.06 $ 164.04 oOJNSV SANITgT O2 a A ti O FpT,N�E EN�\P� AT-WILL EMPLOYMENT AGREEMENT James D. Herberg General Manager ORANGE COUNTY SANITATION DISTRICT THIS AT-WILL EMPLOYMENT AGREEMENT ("Agreement") is entered into, to be effective the 1st day of July, 2019, by and between: ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "District"; AND JAMES D. HERBERG, sometimes hereinafter referred to as "General Manager"; collectively referred to herein as ("the Parties") RECITALS WHEREAS, District desires to continue to employ James D. Herberg ("Mr. Herberg"), as General Manager of District, pursuant to the terms and conditions as set forth in this Agreement;and WHEREAS, Mr. Herberg, by virtue of his education, training and experience, is fully qualified to fill the position of General Manager and desires to continue to serve the District as its General Manager, pursuant to the terms and conditions of this Agreement; and WHEREAS, per Resolution No. 19-XX adopted on September 25, 2019, the District's Board of Directors has approved and authorized the Board Chair to execute this "At-Will Employment Agreement"to include a base building salary increase of 5.5% of his current salary. WHEREAS, at the beginning of negotiations of a new Employment Agreement, the parties agreed that any salary changes agreed to would take effect retroactively to the first pay period of July 2019, which is the first pay period in the current fiscal year. NOW, THEREFORE, the Parties hereto agree as follows: Section 1: District hereby continues to employ Mr. Herberg to serve as General Manager of the Orange County Sanitation District, commencing on the effective date hereof, and continuing until termination by either Party, as provided in this Agreement. In that capacity, Mr. Herberg agrees to perform the functions and duties of General Manager, the administrative head of the District, as prescribed by the laws of the State of California, and by the rules, regulations, decisions, and directions of the Board of Directors of District (hereinafter referred to as "Board"). The General Manager's duties may involve expenditures of time in excess of the regularly established workday or in excess of a forty-h o u r work week and may also include time outside normal office hours (including attendance at Board and Committee meetings). General Manager is classified as an exempt employee under the Fair Labor Standards Act ("FLSA") and shall not be entitled to any additional compensation for hours worked in excess of forty in a work week. Section 2: Mr. Herberg shall be employed in an "at-will" capacity serving at the sole pleasure of the Board. Either party to this Agreement may terminate the Agreement at any time for any reason with or without cause, and without hearing, upon 30 days' notice to the other party. Mr. Herberg is advised and acknowledges that he has none of the termination rights of a Regular employee of the District. Except as expressly provided herein, and as a condition of employment, Mr. Herberg knowingly, willingly and voluntarily gives up, waives, and disclaims any and all rights he may have, express or implied,to any notice and/or hearing before or after termination, and/or to any continued employment with the District after termination. As an "at-will" employee, Mr. Herberg understands that he may be subject to termination with or without cause at the sole discretion of the Board, notwithstanding that the other provisions of the District's Personnel Policies and Procedures Manual (hereinafter referred to as "Manual")apply to Mr. Herberg. If the District terminates employment without cause, Mr. Herberg shall be given a thirty (30) day Notice of Termination and severance pay in an amount equal to six (6) months of his then current annual base salary upon Mr. Herberg's execution of a valid written release of legal claims. If the District terminates this Agreement(thereby terminating Mr. Herberg's employment)without cause, and Mr. Herberg executes a valid written release of legal claims, the severance pay is considered a cash settlement related to the termination of Mr. Herberg and waiver of legal claims and shall be fully reimbursed to the District by Mr. Herberg if Mr. Herberg is convicted of a crime involving an abuse of his office or position. Abuse of office or position shall have the meaning set forth in Government Code 53243.4, as may be amended, of either(1) an abuse of public authority, including, but not limited to, waste, fraud and violation of the law under color of authority, or (2) a crime against public justice, including, but, not limited to, a crime described in Title 7 (commencing with Section 92 of Part 1 of the Penal Code). Mr. Herberg shall reimburse such severance pay to the District no later than six (6) months after such conviction. If Mr. Herberg terminates his employment with 30 days' notice, the Board shall have the right to accept his resignation effective the date notice is given. Such decision to accept his resignation earlier shall not be considered a termination without cause and shall not entitle Mr. Herberg to receive the severance pay noted above. Section 3: The term of this Agreement shall commence on the effective date above and continue for an indefinite duration, until terminated by either Party pursuant to Section 2 above, or unless terminated or amended as provided herein. Section 4: As compensation for the services to be performed hereunder, upon the effective date of this Agreement, District agrees to pay General Manager an annual base salary for services rendered of three hundred six thousand one hundred ninety-six dollars ($306,196), subject to all applicable deductions and withholdings of any and all sums required by then current state, federal or local law, along with deductions of applicable sums the General Manager is obligated to pay because of participation in plans and programs described in this Agreement, and paid biweekly in accordance with the District's established accounting and payroll practices at the same time and in the same manner as other employees of the District. No increase in salary may exceed the compensation permitted by the applicable salary range for the classification established by duly adopted Resolution of the Board. For Years Two and Three of the employment contract, compensation will adjust as follows: 1. A salary increase in the first pay period of July 2020, consisting of a 3.0% salary range adjustment and corresponding salary increase and up to 2.5% merit increase to be determined by the Board of Directors based on job performance, not to exceed 5.5%total; 2. A salary increase in the first pay period of July 2021, consisting of a 3.0% salary range adjustment and corresponding salary increase and up to 2.5% merit increase to be determined by the Board of Directors based on job performance, not to exceed 5.5%total. Section 5: For the period of this Agreement, District shall provide Mr. Herberg with a fixed benefit package that includes the following: • Personal Leave — accrued based on years of service for all paid hours, including hours actually worked and hours in a paid-leave payroll status, on a biweekly basis in accordance with the Manual. Personal leave accruals shall not exceed four hundred forty (440) hours as of December 31 of each year. Any hours in excess of said limit, will be paid to Mr. Herberg in January in an amount equal to the hourly rate of compensation. • Administrative Leave - 40 hours per fiscal year, granted and not eligible for annual cash out. • Investment Incentive Salary (IIS) - 6% of base salary applied on a biweekly fiscal year basis, and a flat amount of one thousand two hundred fifty dollars ($1,250) annually. • Deferred Compensation - OCSD-paid annual allocation for 2019, 2020, and 2021 of $11 ,000 allocated on a biweekly calendar year basis. • Car Allowance — OCSD-paid annual allocation of$8,400. • Added Medical Allowance—OCSD-paid annual allocation for 2019, 2020, and 2021 of six thousand dollars ($6,000). Mr. Herberg's benefit package also shall include benefits consistent with the Manual for: holiday pay; medical, dental, vision and life insurance at three times base salary; long-term and short-term disability insurance; and employee assistance program. Additionally, Mr. Herberg's benefit package shall include executive disability insurance benefits, consistent with those provided to OCSD managers. These benefits shall remain in full force and effect unless and until replaced by an amendment to this Agreement,signed by Mr. Herberg and approved by the Board,which amendment shall include the effective date thereof. Section 6: District's Steering Committee shall meet with General Manager in August of each year during the term of this Agreement to review and evaluate his performance over the prior year.The Steering Committee shall make its recommendation(s) to the Board concerning adjustment to the compensation and/or benefits paid or provided to General Manager, to be effective in July of the year of review. After consideration of the recommendation(s) of the Steering Committee, the Board shall determine and approve the compensation, including benefits, payable to General Manager, which generally becomes effective July of the fiscal year of the review. Failure of the District to review and evaluate the performance of the General Manager pursuant to this section shall not affect the right of the District to terminate the General Manager's employment and shall not be considered a breach of this Agreement. Section 7: Mr. Herberg shall be a Participant Member in the Orange County Employees Retirement System ("OCERS"). District shall pay the required employer's contribution and 0% of Mr. Herberg's required contribution towards membership in OCERS. Section 8: District shall reimburse General Manager for all expenses paid by him and incurred for non-personal,job-related District business that are reasonably necessary to the General Manager's service to the District. The District agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted according to the criteria established by District's budget and/or normal expense reimbursement procedures pursuant to applicable policy Resolutions. To be eligible for reimbursement, all expenses must be supported by documentation meeting the District's policies and requirements and must be submitted within time limits established by the District. Such reimbursement shall not be considered a benefit. Section : During the period of this Agreement, it is agreed that General Manager shall devote his fulltime, skills, labor and attention to said employment. At no time may General Manager undertake outside activities consisting of consultant work, speaking engagements, writing, lecturing, or other similar professional activities for money or other consideration without prior approval of District's Steering Committee. However, the expenditure of reasonable amount of time for educational, charitable, or professional activities shall not be deemed a breach of this Agreement if those activities do not conflict or materially interfere with the services required under this Agreement, and shall not require the prior written consent of the Steering Committee. This Agreement shall not be interpreted to prohibit General Manager from making passive personal investments or conducting private business affairs, provided those activities are not deemed to be a conflict of interest by state law nor do they conflict or materially interfere with the services required underthis Agreement. Section 10: The Board has the sole discretion to determine whether the District shall pay General Manager pending an investigation into any alleged misconduct by General Manager. In the event that the District's Board determines, in its sole discretion, that it is inthe best interest of the District for General Manager to be placed on paid administrative leave pending such an investigation, General Manager shall fully reimburse any salary provided for that purpose if the misconduct for which the General Manager was under investigation results in the General Manager being convicted of a crime involving an abuse of his office or position as defined in Section 2 of this Agreement. General Manager shall reimburse such salary to the District no later than six months after such conviction. Section 11: In the event that the District provides funds for the legal criminal defense of General Manager, General Manager shall fully reimburse said funds to the District if the General Manager is convicted of a crime involving an abuse of his/her office or position as defined in Section 2 of this Agreement. General Manager shall reimburse such criminal legal defense fees to the District no later than six months after such conviction. Section 12: The terms and conditions of employment for General Manager, including other employment benefits for the General Manager that are not specifically provided for in this Agreement, shall be governed by the Manual, to the extent that amendments to the Manual made after the effective date of this Agreement are not inconsistent with the provisions of this Agreement. In the event of any such inconsistency or conflict, the provisions of this Agreement shall govern. Section 13: This Agreement supersedes any and all other prior agreements, either oral or in writing, between the Parties hereto with respect to the employment of Mr. Herberg by District, and contains all of the covenants and agreements between the Parties with respect to that employment in any manner whatsoever. Each Party to this Agreement acknowledges that no representation, inducement, promise, or agreement, orally or otherwise, has been made by any Party, or anyone acting on behalf of any Party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement or Employment shall be valid or binding on either Party. Section 14: Any notices to be given hereunder by either Party to the other shall be in writing and may be transmitted by personal delivery, or by mail, registered or certified, postage prepaid, with return receipt requested. Mailed notices shall be addressed to the Parties at the addresses maintained in the personnel records of District, but each Party may change that address by written notice in accordance with this Section. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of mailing. Section 15: Any modifications of this Agreement will be effective only if set forth in writing and signed by the Parties Section 16: The failure of either Party to insist on strict compliance with any of the terms,covenants, or conditions of this Agreement by the other Party, shall not be deemed a waiver of that term, covenant,or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. Section 17: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way Section 18: This Agreement shall be governed by and construed in accordance with the laws of the State of California and all applicable ordinances, policies and resolutions. Section 19: General Manager acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of th s Agreement. General Manager acknowledges that he has made an independent judgment upon the financial and legal effects of the Agreement and has not relied upon representation of the District, its elected or appointed officers and officials, agents or employees other than those expressly set forth in this Agreement. General Manager acknowledges that he has been advised to obtain, and has availed himself of, legal advice with respect to the terms and provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this At-Will Employment Agreement as follows "DISTRICT" ORANGE COUNTY SANITATION DISTRICT "GENERAL MANAGER" By: James D. Herberg Date APPROVED AS TO FORM: "CHAIR, BOARD OF DIRECTORS" BRADLEY R. HOGIN GENERAL COUNSEL By: Bradley R. Hogin David John Shawver Date oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 STEERING COMMITTEE (714)5937433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-614 Agenda Date: 9/25/2019 Agenda Item No: 18. FROM: James D. Herberg, General Manager Originator: Celia Chandler, Director of Human Resources SUBJECT: EXECUTIVE MANAGEMENT TEAM COMPENSATION AND BENEFITS AND MANAGER GROUP COMPENSATION AND BENEFITS GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Adopt Resolution No. OCSD 19-13 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases, salary range adjustments, and a minor increase to 457(b) matching contributions for At-Will Executive Management Team employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022", authorizing the General Manager to implement increases consisting of a 3% salary range adjustment annually and corresponding salary increases and up to a 5% merit increase annually based on job performance as determined by the General Manager, not to exceed Step 5 of the corresponding salary range, commencing in the first pay period of July 2019 for Fiscal Year 2019/2020. B. Adopt Resolution No. OCSD 19-14 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases, salary range adjustments, and a minor increase to 457(b) matching contributions for unrepresented management employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022", authorizing the General Manager to implement increases consisting of a 3% salary range adjustment annually and corresponding salary increases and up to a 5% merit increase annually based on job performance as determined by the General Manager, not to exceed Step 5 of the corresponding salary range, commencing in the first pay period of July 2019 for Fiscal Year 2019/2020. BACKGROUND Executive Management Team Group There are five (5) Executive Management Team (EMT) employees who provide executive leadership, strategic direction, and department oversight for the Orange County Sanitation District (Sanitation District). EMT employees serve in at-will employment status, which may be terminated at any time, with or without cause, with no liability to the Sanitation District. Orange County Sanitation District Page 1 of 6 Printed on 9/19/2019 powered by LegistarTM File #: 2019-614 Agenda Date: 9/25/2019 Agenda Item No: 18. Currently, the EMT's salary market position is at the 681" percentile based on July 2019 data. The General Manager is recommending salary increases annually for three years that consist of a 3% salary range adjustment and corresponding salary increases and up to a 5% merit increase each fiscal year based on individual job performance, not to exceed Step 5 of the corresponding salary range, as determined by the General Manager. Additionally, the General Manager is recommending an increase in the matching 457(b) contribution from up to $200 a month to up to $300 a month for Executive Management Team members who do not receive Investment Incentive Salary (IIS) or are assigned to the classic open or PEPRA pension plans. In 2016, the Board authorized the General Manager to administer the Board-approved EMT pay plan through a pay-for-performance system with pay range steps. The pay-for-performance system allows for merit increases to be paid only to EMT employees who meet specific goals assigned by the General Manager related to his District Work Plan and departmental initiatives. Pursuant to the understanding with the EMT members at the beginning of discussions, the salary changes and salary range adjustments would take effect the first pay period in July of the current fiscal year, 2019. Manager Group There are fourteen (14) employees in nine (9) manager classifications at the Sanitation District who oversee staff within a particular division and align performance with the goals of the agency. In recent years, the Sanitation District has reduced the number of managers, resulting in significant cost savings and increased efficiencies, and broader scopes of responsibilities. Managers are not represented by a bargaining unit and represent themselves as a group in discussions with the General Manager regarding wages, benefits, and other conditions of employment. Currently, the Manager Group's salary market position is at the 73rd percentile based on July 2019 data. The General Manager is recommending salary increases annually for three years that consist of a 3% salary range adjustment and corresponding salary increases and up to a 5% merit increase each fiscal year, not to exceed Step 5 of the corresponding salary range, based on individual job performance as determined by the General Manager. Additionally, the General Manager is recommending an increase in the matching 457(b) contribution from up to $200 a month to up to $300 a month for managers who do not receive Investment Incentive Salary (IIS) or are assigned to the classic open or PEPRA pension plans. In 2016, the Board authorized the General Manager to administer the Board-approved Manager Group pay plan through a pay-for-performance system with pay range steps. The pay-for- performance system allows for merit increases to be paid only to Manager Group employees who meet specific goals assigned by the General Manager related to his District Work Plan and departmental initiatives. Orange County Sanitation District Page 2 of 6 Printed on 9/19/2019 powered by LegistarTM File #: 2019-614 Agenda Date: 9/25/2019 Agenda Item No: 18. Pursuant to the understanding with the Manager Group members at the beginning of discussions, the salary changes and salary range adjustments would take effect the first pay period of July in the current fiscal year, 2019. RELEVANT STANDARDS • Ensure the public's money is wisely spent • Offer competitive compensation and benefits • Cultivate a highly qualified, well-trained, and diverse workforce PROBLEM Koff & Associates, an independent Human Resources consulting company, recently evaluated classification and compensation data among the Sanitation District's 17 comparison agencies in a labor market study to refresh data from the Sanitation District's most recent Classification and Compensation Study (C&C Study). The results of the July 2019 data refresh indicate that the EMT and Manager Group salaries at the Sanitation District are positioned near the 75t" percentile targeted by the Sanitation District. Currently, the EMT are at the 68t" percentile of market, and the Manager Group is at the 73rd percentile as compared to peers in like positions. Data indicates that by the year 2022, 80% of EMT employees and 64% of management employees will be eligible for retirement, making succession planning, retention, and recruitment high priorities at the Sanitation District. As the Sanitation District looks to promote employees from the supervisory ranks into Management and EMT positions, these potential internal employees are currently faced with a decision to continue at the Sanitation District or look outside the organization for higher level positions that may be more attractive in the market. In addition, if the Sanitation District seeks to recruit employees from outside the agency to fill potential EMT and management position openings due to retirement, the Sanitation District should ensure it provides competitive pay compared to the labor market to support the ability to attract and retain top talent. PROPOSED SOLUTION Adopt Resolution No. OCSD 19-13 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases, salary range adjustments, and a minor increase to 457(b) matching contributions for At-Will Executive Management Team employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022", and Resolution No. OCSD 19-14 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases, salary range adjustments, and a minor increase to 457(b) matching contributions for unrepresented management employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022". Based on prior Board authorization, the General Manager entered into discussions with the EMT and Manager Group employees, which resulted in the proposed 3% salary range adjustments and corresponding salary increases annually, up to a 5% merit increase each fiscal year based on individual job performance as determined by the General Manager, and a minor increase in 457(b) matching contributions. Orange County Sanitation District Page 3 of 6 Printed on 9/19/2019 powered by LegistarTM File #: 2019-614 Agenda Date: 9/25/2019 Agenda Item No: 18. RAMIFICATIONS OF NOT TAKING ACTION Risks may include losing top talent and of not being able to attract top talent due to decline in salary market position, not maintaining the Sanitation District's targeted 75th percentile in salary market position, and impacting internal alignment across employee groups, potentially causing compaction issues between unrepresented groups and represented groups. PRIOR COMMITTEE/BOARD ACTIONS November 2016 - Approved Resolution No. OCSD 16-27 and Resolution No. OCSD 16-28, which established a pay-for-performance compensation system with pay range steps for Executive Management and Manager Groups, respectively. Also, the Resolutions authorized the General Manager to administer the Board-approved Executive Management Team and Manager pay plans. ADDITIONAL INFORMATION Executive Management Team Executive Management Team members are employed on an At-Will basis and serve at the pleasure of the General Manager. The General Manager is authorized, per the Board's Personnel Policies and Procedures, to periodically adjust the rate of compensation for Executive Management Team members who have signed At-Will agreements so long as no adjustment exceeds the compensation permitted by the applicable salary range. The five (5) At-Will employees of the Sanitation District's EMT are relied upon heavily to provide leadership, strategic direction, and department oversight at the Sanitation District. These individuals serve in key leadership positions that are critical to the success of the agency. Executive Management Team members hold the following classifications: Executive Management Team Classifications Assistant General Manager & Director of Operations and Maintenance Assistant General Manager & Director of Finance and Administrative Services Director of Engineering Director of Environmental Services Director of Human Resources The Sanitation District is committed to maintaining a competitive compensation market position that attracts and retains top employment talent. It is the Sanitation District's philosophy to compensate employees competitively and equitably; understanding the relative market position assists in that determination. The comprehensive District-wide C&C Study completed by Koff & Associates in 2016 revealed that EMT salaries for all classifications were significantly below the 751h percentile. Over the previous five (5) years, the group's aggregate market position had declined from the 601h percentile in 2011 to the 33rd percentile in 2016. Orange County Sanitation District Page 4 of 6 Printed on 9/19/2019 powered by LegistarTM File #: 2019-614 Agenda Date: 9/25/2019 Agenda Item No: 18. Salary structure changes and salary range adjustments approved by the Board in 2017 and 2018 accomplished the goal of bringing the Sanitation District's EMT salary ranges in line with the market's 75t" percentile (with the top of the range being at the 75t" percentile) by 2019. The current proposed three-year salary range adjustments are designed to keep pace with comparison agency increases and thereby maintain the Sanitation District's current market position. The ability of employees on the EMT to move through their respective pay ranges is based on their ability to meet the Sanitation District's goals in a pay-for-performance pay system. Manager Group The nine (9) classifications that comprise the Sanitation District's Manager Group are relied upon heavily to provide day-to-day leadership to support strategic direction and division management oversight at the Sanitation District. These individuals serve in key leadership positions that are critical to the success of the agency. Manager Group members hold the following classifications: Manager Group Classifications Administration Manager Controller Engineering Manager (6) Environmental Lab & Ocean Monitoring Manager Human Resources & Risk Manager IT Systems & Operations Manager Maintenance Manager Operations Manager Purchasing & Contracts Manager The comprehensive District-wide C&C Study completed by Koff & Associates in 2016 revealed that the Manager Group salaries for all classifications were significantly below the 75t" percentile. The Manager Group's market position had declined from the 70t" percentile in 2011 to the 55t" percentile in 2016. Salary structure changes and salary range adjustments approved by the Board in 2017 and 2018 accomplished the goal to bring the Sanitation District's Manager Group salary ranges in line with the 75th percentile (with the top of the range being at the 75th percentile) by 2019. The current proposed three-year salary range adjustments are designed to keep pace with comparison agency increases and thereby maintain the Sanitation District's current market position. The ability for employees in the Manager Group to move through their respective pay ranges is based on their ability to meet the Sanitation District's goals in a pay-for-performance pay system. CEQA N/A Orange County Sanitation District Page 5 of 6 Printed on 9/19/2019 powered by LegistarTM File #: 2019-614 Agenda Date: 9/25/2019 Agenda Item No: 18. FINANCIAL CONSIDERATIONS The costs of the salary range adjustment, salary increases, and minor adjustments to benefits are approximately $920,897 over the three-year term for both EMT and Managers combined. ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Resolution No. OCSD 19-13 (Executive Management Team) • Current Executive Management Team Pay Table • Proposed Executive Management Team Pay Tables, July 2019 to June 2022 • Resolution No. OCSD 19-14 (Manager Group) • Current Manager Group Pay Table • Proposed Manager Group Pay Tables, July 2019 to June 2022 Orange County Sanitation District Page 6 of 6 Printed on 9/19/2019 powered by LegistarT" RESOLUTION NO. OCSD 19-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING SALARY INCREASES, SALARY RANGE ADJUSTMENTS, AND A MINOR INCREASE TO 457(B) MATCHING CONTRIBUTIONS FOR AT-WILL EXECUTIVE MANAGEMENT TEAM EMPLOYEES FOR FISCAL YEAR 2019/2020, FISCAL YEAR 2020/2021, AND FISCAL YEAR 2021/2022 WHEREAS, there are five (5) executive management team employees at the Orange County Sanitation District ("OCSD") who provide executive leadership, strategic direction, and department oversight for OCSD; and WHEREAS, executive management team employees serve in at-will employment status, which may be terminated at any time by either the General Manager or an executive management team employee with or without cause with no liability; and WHEREAS, in 2016 the Board authorized the General Manager to administer the Board approved Executive Management pay plan through a pay for performance system with pay range steps; and WHEREAS, the General Manager entered into discussions with executive management employees, which resulted in agreed upon proposed salary increases, salary range adjustments, performance-based merit increases, and minor benefit adjustments; and WHEREAS, the parties agreed that the salary changes would take effect retroactively to the first pay period in July 2019 and the start of the new fiscal year in alignment with the other employee unit increases. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: That the Board of Directors hereby authorizes and approves the following changes to salaries and benefits for Executive Management Team members, which shall become effective the first pay period of July 2019: • A salary increase in the first pay period of July 2019, consisting of a 3.0% salary range adjustment and corresponding salary increases and up to 5.0% merit increase as determined by the General Manager, not to exceed 8.0% total and not to exceed Step 5 of the corresponding pay range, is hereby approved to be effective retroactively to the first pay period of July 2019; • A salary increase in the first pay period of July 2020, consisting of a 3.0% salary range adjustment and corresponding salary increases and up to 5.0% merit OCSD 19-13-1 increase as determined by the General Manager, not to exceed 8.0% total and not to exceed Step 5 of the corresponding pay range; • A salary increase in the first pay period of July 2021, consisting of a 3.0% salary range adjustment and corresponding salary increases and up to 5.0% merit increase as determined by the General Manager, not to exceed 8.0% total and not to exceed Step 5 of the corresponding pay range; • An increase in the amount of the matching 457(b) contribution to provide up to $300 a month for Executive Management Team employees who do not receive IIS or are assigned to the classic open or PEPRA plans. That the General Manager, or his designee, is authorized to implement the changes to salary ranges, salaries, benefits, and performance increases approved herein. PASSED AND ADOPTED at a regular meeting of the Board of Directors held September 25, 2019. David John Shawver Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OCSD 19-13-2 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 19-13 was passed and adopted at a regular meeting of said Board on the 25t" day of September 2019, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 25t" day of September 2019. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OCSD 19-13-3 Orange County Sanitation District Classification and Compensation Plan FY 2018/2019 (Current Year) Rates Effective July 6,2018 EXECUTIVE MANAGEMENT GROUP Classification I Pay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 1 Step 5 Assistant General Manager EM32 $ 226,074 $ 237,635 $ 249,788 $ 262,562 $ 275,990 Director of Engineering EM27 $ 199,817 $ 210,035 $ 220,776 $ 232,067 $ 243,935 Director of Operations&Maintenance EM26 $ 194,943 $ 204,912 $ 215,392 $ 226,407 $ 237,985 Director of Environmental Services Director of Finance&Administrative Services EM25 $ 190,188 $ 199,914 $ 210,138 $ 220,885 $ 232,181 Director of Human Resources Orange County Sanitation District Classification and Compensation Plan FY 2019/2020 (Year One) PROPOSED Rates for July 2019 EXECUTIVE MANAGEMENT GROUP Classification I Pay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 1 Step 5 Assistant General Manager EM32 $ 232,856 $ 244,774 $ 257,275 $ 270,442 $ 284,274 Director of Engineering EM27 $ 205,816 $ 216,341 $ 227,386 $ 239,034 $ 251,264 Director of Operations&Maintenance I EM26 $ 200,782 $ 211,078 $ 221,853 $ 233,210 $ 245,128 Director of Environmental Services Director of Finance&Administrative Services EM25 $ 195,894 $ 205,899 $ 216,445 $ 227,510 $ 239,158 Director of Human Resources FY 2020/2021 (Year Two) PROPOSED Rates for July 2020 EXECUTIVE MANAGEMENT GROUP Classification I Pay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 1 Step 5 Assistant General Manager EM32 $ 239,845 $ 252,117 $ 264,992 $ 278,554 $ 292,802 Director of Engineering EM27 $ 211,994 $ 222,830 $ 234,208 $ 246,210 $ 258,794 Director of Operations&Maintenance EM26 $ 206,814 $ 217,402 $ 228,509 $ 240,198 $ 252,491 Director of Environmental Services Director of Finance&Administrative Services EM25 $ 201,781 $ 212,077 $ 222,934 $ 234,333 $ 246,334 Director of Human Resources Orange County Sanitation District Classification and Compensation Plan FY 2021/2022 (Year Three) PROPOSED Rates for July 2021 EXECUTIVE MANAGEMENT GROUP Classification I Pay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 1 Step 5 Assistant General Manager EM32 $ 247,042 $ 259,688 $ 272,938 $ 286,915 $ 301,579 Director of Engineering EM27 $ 218,358 $ 229,507 $ 241,238 $ 253,594 $ 266,573 Director of Operations&Maintenance EM26 $ 213,013 $ 223,933 $ 235,373 $ 247,395 $ 260,062 Director of Environmental Services Director of Finance&Administrative Services EM25 $ 207,834 $ 218,442 $ 229,632 $ 241,363 $ 253,718 Director of Human Resources RESOLUTION NO. OCSD 19-14 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING SALARY INCREASES, SALARY RANGE ADJUSTMENTS, AND A MINOR INCREASE TO 457(B) MATCHING CONTRIBUTIONS FOR UNREPRESENTED MANAGEMENT EMPLOYEES FOR FISCAL YEAR 2019/2020, FISCAL YEAR 2020/2021, AND FISCAL YEAR 2021/2022 WHEREAS, there are fourteen (14) employees in the management employees job classifications at the Orange County Sanitation District ("OCSD") who serve as organizational leaders and oversee staff within particular divisions and/or workgroups to align performance outcomes with the strategic goals of the agency; and WHEREAS, management employees are unrepresented and meet directly with the General Manager about terms and conditions of employment; and WHEREAS, in 2016 the Board authorized the General Manager to administer the Board approved Manager Group pay plan through a pay for performance system with pay range steps; and WHEREAS, the General Manager entered into discussions with the management employees, which resulted in agreed upon proposed salary increases, salary range adjustments, performance-based merit increases, and minor benefit adjustments; and WHEREAS, the parties agreed that the salary changes would take effect the first pay period in July 2019 and the start of the new fiscal year in alignment with the other employee unit increases. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: That the Board of Directors hereby authorizes and approves the following changes to salaries and benefits for management employees, which shall become effective the first pay period of July 2019: • A salary increase in the first pay period of July 2019, consisting of a 3.0% salary range adjustment and corresponding salary increases and up to 5.0% merit increase as determined by the General Manager, not to exceed 8.0% total and not to exceed Step 5 of the corresponding pay range, is hereby approved to be effective retroactively to the first pay period of July 2019; • A salary increase in the first pay period of July 2020, consisting of a 3.0% salary range adjustment and corresponding salary increases and up to 5.0% merit OCSD 19-14-1 increase as determined by the General Manager, not to exceed 8.0% total and not to exceed Step 5 of the corresponding pay range; • A salary increase in the first pay period of July 2021, consisting of a 3.0% salary range adjustment and corresponding salary increases and up to 5.0% merit increase as determined by the General Manager, not to exceed 8.0% total and not to exceed Step 5 of the corresponding pay range; • An increase in the amount of the matching 457(b) contribution to provide up to $300 a month for Executive Management Team employees who do not receive IIS or are assigned to the classic open or PEPRA plans. That the General Manager, or his designee, is authorized to implement the changes to salary ranges and structure, salaries, benefits, and performance increases approved herein. PASSED AND ADOPTED at a regular meeting of the Board of Directors held September 25, 2019. David John Shawver Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OCSD 19-14-2 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 19-14 was passed and adopted at a regular meeting of said Board on the 25t" day of September 2019, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 25t" day of September 2019. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OCSD 19-14-3 Orange County Sanitation District Classification and Compensation Plan FY 2018/2019 (Current Year) Rates Effective July 6,2018 MANAGERS GROUP Classification I Pay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 1 Step 5 Engineering Manager EM18 1 $ 159,999 1 $ 168,181 1 $ 176,782 1 $ 185,823 1 $ 195,326 Administration Manager Controller Environmental Lab&Ocean Monitoring Manager Human Resources&Risk Manager EM16 $ 152,289 $ 160,077 $ 168,264 $ 176,869 $ 185,914 IT Systems&Operations Manager Maintenance Manager Operations Manager Purchasing&Contracts Manager 7/5/19 Orange County Sanitation District Classification and Compensation Plan FY 2019/2020 (Year One) PROPOSED Rates for July 2019 MANAGERS GROUP Classification I Pay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 1 Step 5 Engineering Manager EM18 $ 164,798 $ 173,243 $ 182,083 $ 191,401 $ 201,198 Administration Manager Controller Environmental Lab&Ocean Monitoring Manager Human Resources&Risk Manager EM16 $ 156,873 $ 164,881 $ 173,326 $ 182,166 $ 191,484 IT Systems&Operations Manager Maintenance Manager Operations Manager Purchasing&Contracts Manager FY 2020/2021 (Year Two) PROPOSED Rates for July 2020 MANAGERS GROUP Classification I Pay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 1 Step 5 Engineering Manager EM18 $ 169,748 $ 178,443 $ 187,553 $ 197,142 $ 207,230 Administration Manager Controller Environmental Lab&Ocean Monitoring Manager Human Resources&Risk Manager EM16 $ 161,574 $ 169,832 $ 178,526 $ 187,636 $ 197,225 IT Systems&Operations Manager Maintenance Manager Operations Manager Purchasing&Contracts Manager 7/5/19 Orange County Sanitation District Classification and Compensation Plan FY 2021/2022 (Year Three) PROPOSED Rates for July 2021 MANAGERS GROUP Classification I Pay Gradel Step 1 1 Step 2 1 Step 3 1 Step 4 1 Step 5 Engineering Manager EM18 1 $ 174,844 1 $ 183,788 1 $ 193,190 1 $ 203,049 1 $ 213,449 Administration Manager Controller Environmental Lab&Ocean Monitoring Manager Human Resources&Risk Manager EM16 $ 166,420 $ 174,928 $ 183,872 $ 193,273 $ 203,132 IT Systems&Operations Manager Maintenance Manager Operations Manager Purchasing&Contracts Manager 7/s/19 oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 STEERING COMMITTEE (714)5937433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-615 Agenda Date: 9/25/2019 Agenda Item No: 19. FROM: James D. Herberg, General Manager Originator: Celia Chandler, Director of Human Resources SUBJECT: CONFIDENTIAL EMPLOYEE GROUP COMPENSATION BENEFITS GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Adopt Resolution No. OCSD 19-15 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary range adjustments and consideration to establish a Health Retirement Account for unrepresented exempt confidential employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022". B. Adopt Resolution No. OCSD 19-16 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary range adjustments, a minor increase in Development Pay, and consideration to establish a Health Retirement Account for unrepresented non-exempt confidential employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022". BACKGROUND Confidential employees perform duties and responsibilities that support Orange County Sanitation District (Sanitation District) management with labor relations. Confidential employees are not represented by a bargaining unit and meet directly with the General Manager regarding terms and conditions of employment. Exempt level confidential employees perform work and duties that align with that of employees in the Supervisor Group and Professional Group bargaining units. However, due to their job duties in support of the labor relations program, confidential employees are not represented by a bargaining unit. Therefore, although they are in separate groups, unrepresented exempt level confidential employees' wages and benefits historically have aligned with represented employees' negotiated wages and benefits in the Supervisor Group and Professional Group. Similarly, non-exempt level confidential employees perform work and duties that align with that of employees in the Orange County Employees Association (OCEA) bargaining units. However, due to their job duties in support of the labor relations program, confidential employees are not represented by a bargaining unit. Therefore, although they are in separate groups, unrepresented non-exempt confidential employees' wages and benefits historically have aligned with represented employees' Orange County Sanitation District Page 1 of 4 Printed on 9/19/2019 powered by LegistarTM File #: 2019-615 Agenda Date: 9/25/2019 Agenda Item No: 19. negotiated wages and benefits in the OCEA groups. The General Manager is proposing the following adjustments for exempt- and non-exempt-level confidential employees that align with represented employee wages and benefits. • Salary Range Adjustments (3-Year Cost: $363,934) • 3% salary range adjustment and corresponding salary increases in Year 1; 3% salary range adjustment and corresponding salary increases in Year 2; and 3% salary range adjustment and corresponding salary increases in Year 3. • Insurance - Conduct discussions to consider establishment of Health Retirement Account (HRA) for employees. RELEVANT STANDARDS • Ensure the public's money is wisely spent • Offer competitive compensation and benefits • Cultivate a highly qualified, well-trained, and diverse workforce • Maintain positive employer-employee relations • Provide professional growth and development PROBLEM The Memoranda of Understanding (MOUs) between the Sanitation District and similarly situated groups in the Supervisory and Professional Management Group (SPMG) and OCEA - Administrative & Clerical Unit bargaining units that became effective on July 1, 2016, expired on June 30, 2019. Successor MOUs were approved by the Board on August 28, 2019, for the similarly situated SPMG and OCEA groups, including salary increases of 3% annually for each of the three years of the agreements. Terms for the similarly situated exempt- and non-exempt level Confidential Group employees have not yet been approved. PROPOSED SOLUTION Adopt Resolution No. OCSD 19-15, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary range adjustments and consideration to establish a Health Retirement Account for unrepresented exempt confidential employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022". Adopt Resolution No. OCSD 19-16, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary range adjustments, a minor increase in Development Pay, and consideration to establish a Health Retirement Account for unrepresented non-exempt confidential employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022". TIMING CONCERNS Labor agreements including salary increases for the corresponding represented groups were approved at the August 28, 2019 Board of Directors meeting. Orange County Sanitation District Page 2 of 4 Printed on 9/19/2019 powered by LegistarTM File #: 2019-615 Agenda Date: 9/25/2019 Agenda Item No: 19. Salary and benefits for other unrepresented employees, including Executive Management Team and Managers, will be considered at the September 25, 2019, Board of Directors meeting. RAMIFICATIONS OF NOT TAKING ACTION • Potential labor instability • Possible impacts to morale • Inconsistency in compensation between represented and unrepresented classifications PRIOR COMMITTEE/BOARD ACTIONS August 2019 - Board approved successor Memoranda of Understanding, including salary adjustments, for represented employees in similarly situated groups in the SPMG and OCEA bargaining units for Fiscal Years 2019/2020, 2020/2021, and 2021/2022. November 2016 - Approved Resolutions No. OCSD 16-25 and 16-26, which provided salary adjustments to non-exempt and exempt confidential employees, respectively, for Fiscal Years 2016/2017, 2017/2018, and 2018/2019 based on similarly situated groups. October 2016 - Approved Resolutions No. OCSD 16-21 and 16-22, which provided salary adjustments for represented employees in similarly situated groups in the SPMG and OCEA bargaining units for Fiscal Years 2016/2017, 2017/2018, and 2018/2019. ADDITIONAL INFORMATION There are currently fifteen (15) exempt level confidential employees at the Sanitation District in seven (7) classifications. Confidential employees are those employees who, with authorized access, assist and act in a confidential capacity to and for persons who formulate, determine, and effectuate management policies with respect to labor relations. Exempt level confidential employees hold the following classifications: Assistant Clerk of the Board Clerk of the Board Human Resources Analyst Human Resources Supervisor Principal Human Resources Analyst Secretary to the General Manager Senior Human Resources Analyst There are currently two (2) non-exempt confidential employees at the Sanitation District in one (1) classification. Confidential employees are those employees who, with authorized access, assist and act in a confidential capacity to and for persons who formulate, determine, and effectuate management policies with respect to labor relations. Orange County Sanitation District Page 3 of 4 Printed on 9/19/2019 powered by LegistarTM File #: 2019-615 Agenda Date: 9/25/2019 Agenda Item No: 19. Non-exempt confidential employees hold the following classification: Human Resources Assistant. Confidential employees are not represented by a bargaining unit; instead, confidential employees represent themselves as a group in informal discussions with the Sanitation District's General Manager regarding wages, hours, and other terms and conditions of employment. The General Manager recommends the following changes: • Salary Year 1 - 3% Salary Increase, retroactive to the first pay period of July 2019. Year 2 - 3% Salary Increase, effective the first pay period of July 2020. Year 3 - 3% Salary Increase, effective the first pay period of July 2021. CEQA N/A FINANCIAL CONSIDERATIONS The total cost of the salary range adjustment increases and minor changes to benefits for confidential employee classifications is approximately $368,363 over the three-year term. ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Resolution No. OCSD 19-15 (Exempt Confidential Employees) • Resolution No. OCSD 19-16 (Non-Exempt Confidential Employees) • Current Salary Schedule for Confidential Group (FY 2018/2019) • Proposed Salary Schedules for Confidential Group for FY 2019/2020, FY 2020/2021, and FY 2021/2022 Orange County Sanitation District Page 4 of 4 Printed on 9/19/2019 powered by LegistarTM RESOLUTION NO. OCSD 19-15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING SALARY RANGE ADJUSTMENTS AND CONSIDERATION TO ESTABLISH A HEALTH RETIREMENT ACCOUNT FOR UNREPRESENTED EXEMPT CONFIDENTIAL EMPLOYEES FOR FISCAL YEAR 2019/2020, FISCAL YEAR 2020/2021 & FISCAL YEAR 2021/2022 WHEREAS, there are seventeen (17) employees in the confidential employees job classifications at the Orange County Sanitation District ("OCSD") who, with authorized access, assist and act in a confidential capacity to and for persons who formulate, determine, and effectuate management policies with respect to labor relations; and WHEREAS, there are fifteen (15) confidential employees holding exempt level classifications; and WHEREAS, exempt level confidential employees are unrepresented and meet directly with the General Manager about terms and conditions of employment; and WHEREAS, the General Manager recently entered into discussions with the exempt level confidential employees and completed negotiations in August 2019, which resulted in agreed upon proposed changes to wages and benefits that align with those agreed upon for represented employees. NOW, THEREFORE, in consideration thereof, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: 1. That the Board of Directors hereby authorizes and approves the following changes to wage and benefits for exempt level confidential employees, which shall become effective as noted: a) Salaries • To align with similarly situated represented employee classifications, exempt level confidential employees' salaries shall be adjusted per the following: • Year 1 — 3.0% Salary Range Adjustment and corresponding salary increase, retroactive to the first pay period of July 2019. • Year 2 — 3.0% Salary Range Adjustment and corresponding salary increase, effective the first pay period of July 2020. • Year 3 — 3.0% Salary Range Adjustment and corresponding salary increase, effective the first pay period of July 2021. OCSD 19-15-1 b) Insurance • Conduct discussions to consider establishment of Health Retirement Account (HRA) for employees. PASSED AND ADOPTED at a regular meeting of the Board of Directors held September 25, 2019. David John Shawver Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OCSD 19-15-2 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 19-15 was passed and adopted at a regular meeting of said Board on the 25t" day of September 2019, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 25t" day of September 2019. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OCSD 19-15-3 RESOLUTION NO. OCSD 19-16 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING SALARY RANGE ADJUSTMENTS, A MINOR INCREASE IN DEVELOPMENT PAY, AND CONSIDERATION TO ESTABLISH A HEALTH RETIREMENT ACCOUNT FOR UNREPRESENTED NON-EXEMPT CONFIDENTIAL EMPLOYEES FOR FISCAL YEAR 2019/2020, FISCAL YEAR 2020/2021 & FISCAL YEAR 2021/2022 WHEREAS, there are seventeen (17) employees in the confidential employees job classifications at the Orange County Sanitation District ("OCSD") who, with authorized access, assist and act in a confidential capacity to and for persons who formulate, determine, and effectuate management policies with respect to labor relations; and WHEREAS, there are two (2) confidential employees holding a non-exempt classification; and WHEREAS, non-exempt confidential employees are unrepresented and meet directly with the General Manager about terms and conditions of employment; and WHEREAS, the General Manager recently entered into discussions with the non- exempt confidential employees and completed negotiations in August 2019, which resulted in agreed upon proposed changes to wages and benefits that align with those agreed upon for represented employees. NOW, THEREFORE, in consideration thereof, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER THE FOLLOWING: 1. That the Board of Directors hereby authorizes and approves the following changes to wage and benefits for non-exempt confidential employees, which shall become effective as noted: a) Salaries • To align with similarly situated represented employee classifications, non-exempt confidential employees' salaries shall be adjusted per the following: • Year 1 — 3.0% Salary Range Adjustment and corresponding salary increase, retroactive to the first pay period of July 2019. • Year 2 — 3.0% Salary Range Adjustment and corresponding salary increase, effective the first pay period of July 2020. • Year 3 — 3.0% Salary Range Adjustment and corresponding salary increase, effective the first pay period of July 2021. OCSD 19-16-1 b) Benefits • Increase Development Pay for Certification/License for non-exempt confidential employees to $15.24 per pay period per certificate or license with a maximum of three (3) certificates and/or licenses. c) Insurance o Conduct discussions to consider establishment of Health Retirement Account (HRA) for employees. PASSED AND ADOPTED at a regular meeting of the Board of Directors held September 25, 2019. David John Shawver Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OCSD 19-16-2 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 19-16 was passed and adopted at a regular meeting of said Board on the 25t" day of September 2019, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 25t" day of September 2019. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OCSD 19-16-3 Orange County Sanitation District Classification and Compensation Plan Rates Effective July 6,2018 CONFIDENTIAL GROUP Pay STEP STEP STEP STEP STEP_j Classification Grade 1 1 2 3 4 5 Human Resources Supervisor I CON901 $ 61.88 1 $ 64.99 1 $ 68.21 1 $ 71.62 1 $ 75.22 $ 128,710.40 $ 135,179.20 $ 141,876.80 $ 148,969.60 $ 156,457.60 Clerk of the Board I CON841 $ 53.34 1 $ 56.01 1 $ 58.81 1 $ 61.75 1 $ 64.84 Principal Human Resources Analyst I CON84 $ 110,947.20 1 $ 116,500.80 1 $ 122,324.80 1 $ 128,440.00 1 $ 134,867.20 Senior Human Resources Analyst I CON761 $ 43.82 1 $ 45.96 1 $ 48.27 1 $ 50.69 1 $ 53.22 $ 91,145.60 $ 95,596.80 $ 100,401.60 $ 105,435.20 $ 110,697.60 Assistant Clerk of the Board I CON731 $ 40.65 1 $ 42.69 1 $ 44.82 1 $ 47.06 1 $ 49.42 Secretary to the General Manager I CON731 $ 84,552.00 1 $ 88,795.20 1 $ 93,225.60 1 $ 97,884.80 1 $ 102,793.60 Human Resources Analyst I CON701 $ 37.76 1 $ 39.65 1 $ 41.64 1 $ 43.73 1 $ 45.91 $ 78,540.80 $ 82,472.00 $ 86,611.20 $ 90,958.40 $ 95,492.80 Human Resources Assistant I CON671 $ 36.47 1 $ 38.29 1 $ 40.21 1 $ 42.21 1 $ 44.32 $ 75,857.60 $ 79,643.20 $ 83,636.80 $ 87,796.80 $ 92,185.60 3/1/19 Orange County Sanitation District Classification and Compensation Plan FY 2019-20 (Year One) PROPOSED Rates for July 2019 CONFIDENTIAL GROUP Classification Pay STEP STEP STEP STEP STEP Grade 1 2 3 4 5 Human Resources Supervisor CON90 $ 63.74 $ 66.94 $ 70.26 $ 73.77 $ 77.48 $132,579.20 $139,235.20 $146,140.80 $153,441.60 $161,158.40 Clerk of the Board CON84 $ 54.94 $ 57.69 $ 60.57 $ 63.60 $ 66.79 Principal Human Resources Analyst CON84 $114,275.20 $119,995.20 $125,985.60 $132,288.00 $138,923.20 Senior Human Resources Analyst CON76 $ 45.13 $ 47.34 $ 49.72 $ 52.21 $ 54.82 $ 93,870.40 $ 98,467.20 $103,417.60 $108,596.80 $114,025.60 Assistant Clerk of the Board CON73 $ 41.87 $ 43.97 $ 46.16 $ 48.47 $ 50.90 Secretary to the General Manager CON73 $ 87,089.60 $ 91,457.60 $ 96,012.80 $100,817.60 $105,872.00 Human Resources Analyst CON70 $ 38.89 $ 40.84 $ 42.89 $ 45.04 $ 47.29 $ 80,891.20 $ 84,947.20 $ 89,211.20 $ 93,683.20 $ 98,363.20 Human Resources Assistant CON67 $ 37.56 $ 39.44 $ 41.42 $ 43.48 $ 45.65 $ 78,124.80 $ 82,035.20 $ 86,153.60 $ 90,438.40 $ 94,952.00 FY 2020-21 (Year Two) PROPOSED Rates for July 2020 CONFIDENTIAL GROUP Classification Pay STEP STEP STEP STEP STEP Grade 1 2 3 4 5 Human Resources Supervisor CON90 $ 65.65 $ 68.95 $ 72.37 $ 75.98 $ 79.80 $136,552.00 $143,416.00 $150,529.60 $158,038.40 $165,984.00 Clerk of the Board CON84 $ 56.59 $ 59.42 $ 62.39 $ 65.51 $ 68.79 Principal Human Resources Analyst CON84 $117,707.20 $123,593.60 $129,771.20 $136,260.80 $143,083.20 Senior Human Resources Analyst CON76 $ 46.48 $ 48.76 $ 51.21 $ 53.78 $ 56.46 $ 96,678.40 $101,420.80 $106,516.80 $111,862.40 $117,436.80 Assistant Clerk of the Board CON73 $ 43.13 $ 45.29 $ 47.54 $ 49.92 $ 52.43 Secretary to the General Manager CON73 $ 89,710.40 $ 94,203.20 $ 98,883.20 $103,833.60 $109,054.40 Human Resources Analyst CON70 $ 40.06 $ 42.07 $ 44.18 $ 46.39 $ 4 8.7 1 $ 83,324.80 $ 87,505.60 $ 91,894.40 $ 96,491.20 $101,316.80 Human Resources Assistant CON67 $ 38.69 $ 40.62 $ 42.66 $ 44.78 $ 47.02 $ 80,475.20 $ 84,489.60 $ 88,732.80 $ 93,142.40 $ 97,801.60 Orange County Sanitation District Classification and Compensation Plan FY 2021-22 (Year Three) PROPOSED Rates for July 2021 CONFIDENTIAL GROUP Classification Pay STEP STEP STEP STEP STEP Grade 1 2 3 4 5 Human Resources Supervisor CON90 $ 67.62 $ 71.02 $ 74.54 $ 78.26 $ 82.19 $140,649.60 $147,721.60 $155,043.20 $162,780.80 $170,955.20 Clerk of the Board CON84 $ 58.29 $ 61.20 $ 64.26 $ 67.48 $ 70.85 Principal Human Resources Analyst CON84 $121,243.20 $127,296.00 $133,660.80 $140,358.40 $147,368.00 Senior Human Resources Analyst CON76 $ 47.87 $ 50.22 $ 52.75 $ 55.39 $ 58.15 $ 99,569.60 $104,457.60 $109,720.00 $115,211.20 $120,952.00 Assistant Clerk of the Board CON73 $ 44.42 $ 46.65 $ 48.97 $ 51.42 $ 54.00 Secretary to the General Manager CON73 $ 92,393.60 $ 97,032.00 $101,857.60 $106,953.60 $112,320.00 Human Resources Analyst CON70 $ 41.26 $ 43.33 $ 45.51 $ 47.78 $ 50.17 $ 85,820.80 $ 90,126.40 $ 94,660.80 $ 99,382.40 $104,353.60 Human Resources Assistant CON67 $ 39.85 $ 41.84 $ 43.94 $ 46.12 $ 48.43 $ 82,888.00 $ 87,027.20 $ 91,395.20 $ 95,929.60 $100,734.40 oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 BOARD OF DIRECTORS (714)593 7433 9oTFCTN0 THE ENVQ��2 Agenda Report File #: 2019-590 Agenda Date: 9/25/2019 Agenda Item No: 20. FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: STRATEGIC PLAN DEVELOPMENT GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Provide input to staff on the development of the Strategic Plan. BACKGROUND The Orange County Sanitation District (Sanitation District) is developing its Strategic Plan. The strategic plan is a policy level roadmap which defines the future desired state of the agency and lays out initiatives to move toward that desired state. Staff has offered 14 individual policy areas which, when fully developed, will comprise the overall Strategic Plan. Preliminary policy statements have been developed by the Executive Management team based on survey input previously provided by Board Members and staff. Board of Director input is critical to the development of the Strategic Plan. In order to properly review and receive input, the items will be presented individually over three Board of Directors' meetings as follows: August 28 • Budget Control and Fiscal Discipline • Energy Independence • Asset Management • Chemical Sustainability • Climate and Catastrophic Event Resiliency September 18 • Biosolids Management • Constituents of Emerging Concern • Food Waste Treatment • Environmental Water Quality, Stormwater Management and Urban Runoff • Water Reuse Orange County Sanitation District Page 1 of 2 Printed on 9/19/2019 powered by LegistarTM File #: 2019-590 Agenda Date: 9/25/2019 Agenda Item No: 20. September 25 • Resilient Staffing • Safety and Physical Security • Cyber Security • Property Management Staff intends to finalize the items and compile them into a draft plan for formal adoption in October or November of this year. The adopted Strategic Plan will be the basis of Fiscal Year 2020-21 and 2021 -22 budget development. RELEVANT STANDARDS • Engage the Board of Directors in setting public policy • Build brand, trust and support with policy makers and community leaders PROBLEM The Strategic Plan needs to be updated. PROPOSED SOLUTION Solicit and incorporate the Board of Directors' input in the development of the proposed Strategic Plan document. ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Proposed Orange County Sanitation District Resilient Staffing Policy Statement • Proposed Orange County Sanitation District Safety and Physical Security Policy Statement • Proposed Orange County Sanitation District Cyber Security Policy Statement • Proposed Orange County Sanitation District Property Management Policy Statement Orange County Sanitation District Page 2 of 2 Printed on 9/19/2019 powered by LegistarTM Proposed Orange County Sanitation District Resilient Staffing Policy Has OCSD properly prepared for the future challenges of employee attrition and loss of institutional knowledge through employee development and leadership programs? Summary Policy Statement The Sanitation District will attract and retain high-quality talent to support its mission and continue to be an industry leader. It will safeguard leadership continuity and support effective performance of the organization by proactively monitoring the changing work environment and requirements to ensure development programs are relevant and build a skilled bench of readily available successors for key leadership and mission-critical positions. Background At the Sanitation District, employees are the organization's most valuable resource. With over 600 dedicated employees whose collective efforts make OCSD an industry leader, the Sanitation District continues to receive national awards and recognition. That is why, OCSD has committed to invest in its employees, resulting in a highly skilled and educated workforce carrying out the mission of protecting public health and the environment. The Sanitation District has a diverse workforce and a wide range of expertise with approximately 70 percent of positions requiring a degree, certification, and/or license. Occupations on-site include scientists, engineers, environmental and regulatory specialists, operators, mechanics, construction inspectors, as well as professionals in public affairs, finance, IT, safety and human resources. To cultivate a committed and engaged workforce in a competitive economy, OCSD must promote initiatives to attract and retain talent and prepare staff for successful careers. Strategic succession management initiatives have been developed and adopted that support the design and implementation of comprehensive workforce planning and development tools accompanied by activities that facilitate the improvement of workforce capability, adaptability, efficiency, and accountability. Strategic workforce planning empowers management to project the loss of knowledge and experience caused by retirement and attrition and utilizes a variety of methods to ensure that the Sanitation District has adequate access to talent internally and externally through the recruitment and selection process. The Sanitation District has a competitive recruitment process that ensures we hire the best person for the job based on qualifications and merit. Human Resources utilizes an objective multi-hurdle approach to hiring which includes Human Resources review and recommendation, subject matter expert application screening, assessment centers, panel interviews (both for technical skills and fit), skills testing, background checks, and reference checks. Programs that have proven effective in attracting, retaining and developing highly skilled staff for key positions, include: • Vocational/Professional Student Internship Programs Students from the Water Utility Science Program at Santiago Canyon College, and Los Angeles Trade Technical College work 28 hours a week and rotate through five technical trades for 53 weeks in our Operations and Maintenance Department. We started the program in 2010 with four positions and have grown to offer ten positions for each fiscal year. Furthermore, 14 of the program participants have been hired full-time since the program inception. The Sanitation District is piloting the program with other technical colleges in Southern California, to include Cypress College. OCSD offers student and vocational internships, as well as job shadowing and externships. The Sanitation District's Professional Student Internship Program offers students an opportunity to work at the professional ranks while attending college full-time for a two-year maximum duration. OCSD partners with Cal State Fullerton, Long Beach, Cal Poly Pomona and UC Irvine, among others. • Employee Development Program In addition to legally mandated training, the Sanitation District provides training and development opportunities for the purpose of increasing job knowledge and to maximize skill sets in employees' current positions and to prepare them for future mission-critical positions. Comprehensive training programs include technical training through industry-specific associations or groups, local schools, and professionals as well as informal on the job training. Employees are encouraged to obtain job-related training necessary to keep OCSD current with recent industry best practices and developments in their respective fields of expertise and can receive Development Pay in select categories that the Sanitation District deems mission-critical. As 70 percent of OCSD's positions require a degree, certificate and/or license, the Sanitation District also promotes professional development through its tuition and certification reimbursement programs for courses completed toward obtaining an associate's, bachelor's or master's degree at accredited colleges, universities, or other institutions or industry specific certifications that are applicable to the industry. • Workforce Vulnerability Assessments Each year, the Sanitation District management conducts an evaluation of their respective departments and identifies key and vulnerable positions based on three criteria: criticality, retention, and difficulty to fill. Vulnerability assessments provide a broader view into the areas of the agency that could potentially be facing a high risk in turnover and are essential to operations. Management is tasked with identifying positions based on the criteria above, then making recommendations on the level of action that is required, complete with proposed action plans. Human Resources staff works closely with management to facilitate workforce vulnerability assessments to develop current and future staffing plans. It is essential that the Sanitation District continues to focus its efforts on prioritizing staffing needs. • Talent Readiness Assessments The process includes departmental leadership evaluating staff and identifying key employee talent, as well as possible development efforts. Feeder positions are identified, and talent pools are developed between employees and management that align with agency goals and builds the talent pipeline. • Building Leaders and Skills for Tomorrow (BLAST) Program In 2011, the Sanitation District began a comprehensive leadership development program to supplement the technical training courses, and includes job shadowing, mentoring, web-based and instructor-led training on soft skills and leadership development. The goal of this development program is to ensure OCSD is building leaders at all levels. Development opportunities are offered to address the potential loss of talent and feed into the Succession Management and Employee Development programs, primarily focusing on soft skills training. The leadership development components include a public sector leadership academy with Cal State Fullerton, and a supervisory training program through Brandman University. The Sanitation District partnered with UC Irvine, Cal State University at Long Beach and California Polytechnic University at Pomona, which provided students an opportunity to job shadow Human Resources and Engineering staff to gain insight into the profession, employment in the public sector and the wastewater industry. The Sanitation District employees also serve on Advisory Councils that weigh in on course curriculum at various schools, both at the high school and college level, across Southern California. Throughout the agency, we have several employees who are active members of various professional associations, serve on a Board, or volunteer in various capacities within the industry. The Sanitation District staff is regularly asked to present and teach others about resource recovery. Recruiters attend job fairs, and work closely with universities, professional organizations, and serve on advisory committees. Education and workforce investment programs represent the most important preparation we can accomplish today to safeguard the agency's future for tomorrow. Finding an adequate pool of applicants and retaining qualified workers is increasingly difficult, which we anticipate will continue on into the future. Retirements are disrupting employment within our industry and changes in technology have made work more complex. Current Situation Academics studying the labor force attribute labor shortages to workforce demographics. Depending on the source data, the timelines defining the start/end time of these groups may vary but generally - Baby Boomers are those born between 46-64, followed by Gen Xers 65-81, and lastly Millennials from 82-00. Close to half of staff or 49 percent fall into the "Gen Xers" category, followed by 32 percent made up of"Baby Boomers" and "Millennials" make up 19 percent of our employee population. The Sanitation District is currently facing a potential loss of close to half of its workforce — about 45 percent of employees, primarily from the Baby Boomers group, and some Gen Xers. This represents a potential loss of about 271 people to retirement alone and does not account for other forms of turnover. Hence the need to be proactive and strategic in OCSD's approach to maintain its staffing levels and ensure continuity of operations. Currently, the majority of OCSD's executives are eligible for retirement. Managers, our next level of leadership, closely follow with 45 percent of them eligible to retire now, and that number increases to 90 percent in five years. The Sanitation District has a little more stability in the trades and professional occupations with retirement eligibility at 53 percent in the next five years. OCSD has a lot of long-term employees with vast knowledge in their respective areas of expertise. Some employees have been a part of the OCSD family for over 35 years; and at last count, ten years was the average years of service. Looking at OCSD's total attrition over the last five years, we have lost 3,025 years of knowledge and experience by 132 individuals leaving the agency since 2014. In 2010, the Sanitation District proactively implemented a second retirement benefit formula ("classic open plan") ahead of the Public Employee Pension Reform Act, which offered candidates moving from other public sector agencies to OCSD with a retirement benefit of 2.43 percent at 65, with zero employer paid member contribution. Based on the Sanitation District's classic open retirement plan, OCSD is unable to compete for experienced talent from surrounding municipalities, who offer a retirement benefit of 2.5 percent or 2.7 percent at 55 and pay a portion of the employees' contribution. Since implementation of the classic open plan in 2010, only 22 percent of new hires come from other public sector agencies. The Sanitation District has had experience with public sector candidates withdrawing from the process or declining job offers once they learn of the impact to the retirement benefit formula. The vast majority of new hires are coming from private sector and have no public sector experience requiring additional training. Given the legal restrictions which bind the Sanitation District to the classic open formula, it is critical OCSD focus its efforts on retaining current staff, attracting qualified candidates, and investing heavily into developing and growing employees' knowledge, skills and abilities for the future, to address any potential talent shortages. Future Policy Statement Human Resources has and will continue to implement strategic initiatives that will ensure that workforce capabilities match the work required to meet the mission and levels of service. Staff is dedicated to proactively monitoring the changing work environment and requirements to implement programs now that address future vulnerabilities. Assessments of changes in business needs, demographics, workforce composition, and legal requirements are necessary to ensure resilient staffing. Initiatives to Support Progress Toward the Policy Goal Initiative: Maintain and enhance current effective development programs that are in place to provide the direction to identify, develop and select the next generation of prepared, capable and engaged leaders, which include: • Vocational/Professional Student Internship Programs • Employee Development Program • Workforce Vulnerability Assessments • Talent Readiness Assessments • Building Leaders and Skills for Tomorrow (BLAST) Program Initiative: Continue cyclical Classification & Compensation studies to ensure job classifications accurately depict the work being performed, to set compensation levels accordingly, and stay abreast of market benefit and salary data. Prior to the next scheduled Classification & Compensation study, Human Resources will work with the Board of Directors and meet and confer with the unions to review selected survey agencies based on recognized classification and compensation standards and the job market in which we compete. Proposed Orange County Sanitation District Safety and Physical Security Has OCSD properly prepared to ensure the safety, health, and security of the workforce and adequately planned for emergencies? Summary Policy Statement The Sanitation District will ensure the safety and security of employees, contractors and visitors through standard practices, policies, and procedures that support a safe and secure environment, provide an appropriate level of security and safeguard OCSD's property and physical assets. Background In California, employers must furnish employees with a place of employment free from recognized hazards that cause death or serious physical harm, that is compliant with all legal requirements and aligns with industry best practices. The safety and wellness of the public and employees is our number one priority. OCSD is committed to identifying all hazards through inspection and providing engineering controls, job specific safety training, and personal protective equipment. Programs that have proved effective in ensuring the safety and wellness of OCSD's workforce, visitors and contractors include: • Safety Assessments and Engineering Controls In 2014, OCSD conducted a Facility-Wide Safety Assessment Project (SP-145-1) to identify process equipment design and configuration issues that may impact worker safety, and compliance with regulations. The main purpose of this effort was to enhance worker safety and ensure compliance with safety codes. At the same time, safety improvements allow for reliable and efficient operation, so that our facilities can meet regulatory and process demands, while providing cost effective operation. All the Project SP-145-1 recommendations to be implemented by OCSD have either been addressed by Maintenance or have been incorporated into the Safety Improvement Project (J-126). • Emergency Management The Sanitation District must be prepared to control risks to the organization, and routinely recognize, evaluate, and prepare for emergencies. An emergency can include a major explosion, fire, verified bomb threat, civil disorder, active shooter situation, or uncontrolled materials release which interrupts OCSD's ability to provide safe and environmentally responsible wastewater treatment. The Sanitations District's protocol to control and respond to emergencies is contained within the Integrated Emergency Response Plan (IERP). The IERP identifies and assesses hazards regarding emergency events which OCSD may be confronted with and contains policies, plans, and procedures for preparing and responding to emergencies. The Sanitation District's emergency 1 response organization, called the Incident Command System (ICS), is activated when an emergency condition cannot be effectively responded to under routine operations. Once the immediate emergency has been controlled, then OCSD must resume normal operations. In the event of a prolonged emergency state, the return to normal operations is guided by a Continuity of Operations Plan (COOP). In May 2018, a COOP was completed with all divisions contributing to its development. Business continuity planning is an ongoing process for OCSD with plans being updated as information changes. The Sanitation District collaborates with local agencies to ensure available resources are identified and engaged in the event of an emergency. OCSD has partnered with local agencies in the areas of emergency response for evacuation drills and resource sharing. 1) The Sanitation District participated in the 2019 Orange Crush Regional Emergency Preparedness and Training Exercise in January 2019. This county- wide exercise used a scenario of a magnitude 7.8 earthquake strike along the San Andreas Fault. A full Emergency Operations Center activation occurred for this functional exercise and gave the Sanitation District the opportunity to test the Integrated Emergency Response Plan. 2) The Orange County Sheriff's Department and the Orange County Health Care Agency established a Joint Information Center at Plant No. 2 on May 13-14, 2019 to host an enforcement event in Talbert Park. In addition, the operation was overseen by three federal judges who were present to ensure the rights of all citizens were not violated by law enforcement or The Health Care Agency. Officials utilized Plant No. 2 contractor gates for points of entry. 3) The Sanitation District is a member and funding agency of the Water Emergency Response of Orange County (WEROC), which is an organization that is administered by the Municipal Water District of Orange County (MWDOC). It supports and manages countywide emergency preparedness, planning, response and recovery efforts among Orange County water and wastewater utilities. Security The Department of Homeland Security has designated 16 critical infrastructure sectors, which includes water and wastewater systems. Wastewater systems are vulnerable to a variety of attacks, including acts of terrorism, contamination with deadly agents; physical attacks, such as the release of toxic gaseous chemicals, and cyberattacks. In addition, the Department of Homeland Security indicates that the average time it takes for a critical incident to take place is up to 12 minutes while the average police response time can be up to 11 minutes and that time could increase should there be a natural disaster. 2 Additional security concerns include physical violence, vandalism, theft, and trespassers. With approximately 100 acres at each site, 600 employees, contractors, and members of the public on site for tours and meetings, it is essential to maintain a security force that can respond to security threats promptly. The Sanitation District contracts with a security firm that supplies four armed and five unarmed guards to provide round the clock security monitoring of over 80 cameras, monitoring gate access, and patrolling the perimeter at both plants. Current Situation The Risk Management division has been given the responsibility and an adequate budget to assess and control the safety, security, and health risks that employees, contractors, and guests may be exposed to from OCSD operations. Assessment and control of risks is achieved collaboratively between Risk Management staff and internal stakeholders. Risk Management, managers, and staff collaborate to develop written procedures (e.g., policies) that are used for controlling and eliminating hazards at OCSD; thus, ensuring compliance with occupational health and safety standards and laws. Safety As the health and safety of employees, contractors and visitors is the number one priority, the Sanitation District strives to achieve safety excellence. This is exemplified by our pursuit of the California Voluntary Protection Program (Cal/VPP). The Cal/VPP is a program created by Cal/OSHA to recognize organizations who have implemented safety and health programs that effectively prevent and control occupational hazards. A Cal/VPP workplace is expected to continually improve its safety program; which means a safe workplace for all. A reduction in injuries and illness has been documented at sites that have committed to the VPP approach. Cal/VPP is recognized as a higher level of protection for the workplace, for this reason, OCSD is pursuing this designation. In preparation for application to the Cal/VPP program, the Sanitation District conducted a Cal/VPP readiness assessment in January 2019 and developed an implementation strategy. The assessment included interviews with various OCSD subject matter experts and discussions with employees during facility tours. OCSD procedures and records were reviewed, and limited visual inspection of work locations and facilities was conducted. The assessment considered basic Cal/OSHA regulatory compliance and additional best management practices that are expected to be implemented in VPP certified workplaces. Based on the results of the VPP assessment, OCSD is working toward applying for VPP before the end of calendar year 2019. The timing coincides with the implementation of most of the Safety Improvement Project (J-126), which are critical for success in our VPP pursuit. This Safety Improvement Project (J-126) is progressing on-schedule. Of the eleven J- 126 projects, two have been completed, seven are in the construction phase, and two are pending contractor award. It is important to note that interim measures have been 3 taken to ensure worker safety at the locations identified for safety improvements. Workers are not exposed to hazards while projects are completed. Eliminating hazards through engineering projects is critical, along with a positive safety culture. In order to assess the safety culture at OCSD, a survey was conducted from February to April 2019. The results of this survey indicated employees believe the safety culture is improving, desired an increase in communication on safety issues, and wanted less online and more hands-on customized safety training. Emergency Management The Sanitation District partners with local agencies to ensure available resources are identified and engaged in the event of an emergency. Collaborations currently scheduled include: 1) In conjunction with WEROC, OCSD participated in the development of the Orange County Water and Wastewater Hazard Mitigation Plan (Plan) which will be submitted for approval to the State. The Plan provides a framework for participating water and wastewater utilities to plan for natural and man-made hazards in Orange County. The Sanitation District is an active participant in the Plan, and developed a hazard mitigation plan, which is Annex C of the Plan. The resources and information within the Plan will allow OCSD, and participating jurisdictions to identify and prioritize future mitigation projects, meet the requirements of federal assistance programs and grant applications, and encourage coordination and collaboration in meeting mitigation goals. 2) On July 27, 2019, the Sanitation District partnered with the Fountain Valley Police Department Explorers during OCSD's Open House event. The Police Explorers assisted Human Resources and Risk Management with crowd and traffic control. Their assistance was beneficial in the management of public during this important event. Security The designation of wastewater systems as critical infrastructure by the Department of Homeland Security requires OCSD to be diligent in protecting people and property from security breaches. OCSD seeks to continually improve the security program. On June 7, 2019, OCSD issued a Request for Proposal (RFP) for Security Services, which included a potential expansion of security services for OCSD's new Headquarters Complex. As part of the RFP evaluation, OCSD will review procedural and technical enhancements/innovations that may improve the existing program. In addition, OCSD has established a Security Committee, which includes stakeholders from a cross-section of the organization, to collect input and assess physical and cyber security concerns and suggestions. Responsibilities of the committee include, but are not limited to, development of a physical and cyber security plan, reviewing orders and policies, reviewing incident reports, and planning drills. The first meeting of the committee was held on June 6, 2019. 4 Future Policy Statement Risk Management has and will continue to implement strategic initiatives that will ensure the safety, health, and security of its workforce, and proactively plan for emergencies to ensure continuity of operations. Staff is dedicated to proactively monitoring the changing work environment and requirements to implement programs now that address future vulnerabilities. Assessments of changes in business needs, plant processes and legal requirements are necessary to ensure a safe and secure work environment. The results of improvement will be measured using leading metric indicators and reported to the workforce to foster employee engagement. Initiatives to Support Progress Toward the Policy Goal Safety • Initiative: Complete outstanding safety projects, improvements, and corrective actions to apply and obtain Cal/OSHA Voluntary Protection Program (VPP) status; and continue to foster a culture where employees are accountable for their safety as well as the safety of others. Emergency Management • Initiative: Support facility and countywide emergency preparedness, response, and recovery efforts by partnering with entities, such as, the Water Emergency Response Organization of Orange County (WEROC), Orange County Sherriff Department, and local fire departments to plan and continue to conduct disaster preparedness training and exercises. Security • Initiative: Continually identify and assess vulnerabilities and implement solutions through the Security Committee and third-party assessments. Prevent/mitigate security breaches using physical security systems such as video monitoring, access control, and armed security patrols. 5 Proposed Orange County Sanitation District Cyber Security Policy Has OCSD properly prepared for the increase in cyber security threats faced by today's government agencies? Summary Policy Statement The Sanitation District must maintain adequate cyber security (information technology security) techniques that protect computer assets, networks, programs, data, and industrial control equipment from unauthorized access or attacks that are aimed for exploitation. Background Developing an effective, sustainable cyber security program is a pressing challenge for organizations of all sizes. The reasons behind the scope of the challenge are many. Cyber risk continues to grow at an exponential rate with routine attacks from nation states, criminal elements, hacktivists, and insider threats. The bottom line is cybercrime pays. The booming cybercrime economy is productizing malware and making cybercrime as easy as shopping at Amazon. With this easy access to cybercriminal tools and services, enterprises are experiencing rapid increases in the volume, scale, and sophistication of cyberattacks. Complex and dynamic information security disciplines are subject to continuous changes in the business, technology and threat environments. Many organizations will struggle to implement security programs that support continuous improvements in this challenging environment. Current Situation The Sanitation District has evolved over recent years from dedicating less than half of a position towards cyber security, to one position, to currently two full-time positions. The Sanitation District's cyber security portfolio consists of strategic policy management, defense in depth practices, periodic risk assessments, ongoing awareness communication and operational (e.g., security monitoring and incident response, threat and vulnerability management, user provisioning) processes. For example: • Cyber Security Awareness and Training Program - The Sanitation District understands that our employees are our best line of defense in protecting and defending our enterprise from attack. We have built a comprehensive security awareness program by focusing on four critical functions: phishing attack simulations and reporting, quarterly education requirements, targeted training for IT developers and SCADA engineers, and pervasive communications utilizing internal communication tools. • Vulnerability Management - IT staff subscribe to and monitor security advisories and threat bulletins from Microsoft, US-CERT, ICS-CERT, KnowBe4, Cisco, and other vendors to understand and manage new vulnerabilities. All internet accessible servers and applications are scanned weekly for vulnerabilities and remediated as necessary. Microsoft operating system and application patches are deployed monthly while third party updates are deployed weekly. We use a vulnerability platform for continuous assessment of our security and compliance posture. • Intrusion Detection and Response - We have implemented several security solutions to be able to detect, prevent and respond to malicious network activity. These include firewalls, intrusion prevent systems, web security gateway, and next-generation anti-malware. In addition, we also have user behavior analysis tools to identify insider threats and ransomware activity. • Privileged Access Management Program - We use a privilege access management solution to remove and manage local administrative rights on workstations/servers to prevent lateral movement. The solution is also used to protect, control, and monitor privileged access across files and systems. • Backup and Restore Capabilities — IT practices a 3-2-1 backup strategy: 3 — Keep three copies of critical data 2 — Have your data on two types of media 1 — One copy must be offsite and offline Restores are performed on at least a weekly basis in response to customer incidents. Disaster Recovery Testing is performed monthly by selecting a major system and testing restore capabilities of that system to our secondary treatment facility, as well as our remote site. We sandbox the restores and provide access to our application subject matter experts to conduct application- specific testing. These tests are logged and kept for auditing and management purposes. • Security Incident Response - An incident response plan is an organized approach to handle a cyberattack. We have developed an incident response plan, playbooks and procedures for various attacks as well as trained IT security staff. In addition, there are external contacts we can call for assistance including the FBI, Department of Homeland Security and organizations that specialize in incident response like Mandiant, Cylance, and Microsoft. • Security Assessments - The purpose of a security assessment is to identify the current security posture of a system, network, or organization. The assessment provides recommendations to improve the security posture by mitigating identified risks. Our goal is to do one or two a year. The two most recently conducted assessments are the Office 365 Security Assessment from Microsoft in April 2019 and the Center for Internet Security Control Gap Assessment in July 2018. Future Policy Statement The main objective of our information security program is the establishment of a continuous, iterative regimen of planning, building, running and governing security capabilities that are derived from business requirements. Our security program cannot be a static entity. It must be adapted and continuously refined to keep pace with the ever-changing threat environment and changes in how the Sanitation District adopts digital business practices. Cybersecurity incidents are inevitable. Mistakes and/or a lack of preparation in the response can have serious repercussions. The ability of an organization to respond effectively to a security incident is a direct result of the time spent preparing for such an eventuality. If you fail to prepare, then you effectively prepare to fail. The Sanitation District will be prepared. This will be accomplished by the following proposed initiatives. Initiatives to Support Progress Toward the Policy Goal Initiative: Conduct various tabletop exercises to determine the organization's ability to respond to a targeted cyberattack and to improve the quality of the response, should an attack occur. Initiative: Evaluate, enhance and monitor network security including activities to protect the usability, reliability, integrity and safety of the network by developing Security Operations Center capabilities that support continuous monitoring and is responsible for the continuous threat protection process. Initiative: Conduct a comprehensive third-party cyber security operations assessment (Red Team). A thorough Red Team engagement will expose vulnerabilities and risks regarding: • Technology — Networks, applications, routers, switches, appliances, etc. • People — Staff, independent contractors, departments, business partners, etc. • Physical — Offices, warehouses, substations, data centers, buildings, etc. Proposed Orange County Sanitation District Property Management Policy Should OCSD develop in-house Property Management/Real Estate resources or continue to outsource as needed? Summary Policy Statement The Sanitation District owns and operates assets throughout its service area located in property owned in fee, through easements and in the public right-of-way. The Sanitation District will identify and protect all of it property rights to assure that its assets are not encumbered or encroached upon so that the facilities may be properly operated, maintained, upgraded and replaced. Background The Sanitation District owns and operates more than $10 billion in assets. A portion of those assets include buildings, easements, rights of way and other encroachments. OCSD has recently sold and purchased property to support its efforts. The Sanitation District does not maintain expertise in the real estate discipline. As these transactions are limited and not core to OCSD, it has been determined that it is more cost effective to augment the Sanitation District resources with contracted specialized real estate services. Current Situation The Sanitation District manages its physical property and property rights. Additionally, it manages landscaping, building maintenance, security and building maintenance. District staff primarily manages these activities. Future Policy Statement The Sanitation District will effectively manage its assets and proactively research and maintain all encroachments, encumbrances and easements. Many of these activities are not core to OCSD's mission. When prudent, the Sanitation District will augment District resources with contracted specialized real estate and property management services. Although OCSD is not in the business of managing property as a revenue enhancement or core activity, it does own and operate millions in physical property and property rights. Initiatives to Support Progress Toward the Policy Goal Initiative: The Sanitation District will review it property rights to identify encroachments or encumbrances that restrict operation, maintenance, inspection or emergency repair access. Initiative: Staff will work with identified parties to remove encroachments or encumbrances. Initiative: Staff will consolidate real estate and property management activities to maximize its resources and effectiveness. Initiative: The Sanitation District will augment its resources with contracted specialized real estate services to limit the need for additional staffing.