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HomeMy WebLinkAbout07-22-2020 Board Meeting Complete Agenda Packet N14 ANli�l� y � 9 � c+ o � Fir/Ms THE ENv\Po� ORANGE COUNTY SANITATION DISTRICT SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19� AND ATTENDANCE AT PUBLIC MEETINGS On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which temporarily suspend portions of the Brown Act which addresses the conduct of public meetings. The General Manager and the Chairman of the Board of Directors have determined that due to the size of the Orange County Sanitation District's Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating in meetings of the Board telephonically and Internet accessibility. PUBLIC PARTICIPATION Your participation is always welcome. The Board of Directors meeting will be available to the public online at: https://ocsd.legistar.com/Calendar.aspx You may submit your comments and questions in writing for the Board's consideration by sending them to OCSDClerk(o)-ocsd.com with the subject line "PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)" or "PUBLIC COMMENT NON-AGENDA ITEM". Submit your written comments by 6:00 p.m. on Tuesday, July 21, 2020. All public comments will be provided to the Board and may be read into the record or compiled as part of the record. Thank you. Serving: Orange County Sanitation District Anaheim 10844 Ellis Avenue, Fountain Valley,CA 92708 714.962.2411 • www.ocsd.com Brea Buena Park July 15, 2020 Cypress NOTICE OF REGULAR MEETING Fountain Valley Fullerton BOARD OF DIRECTORS Garden Grove ORANGE COUNTY SANITATION DISTRICT Huntington Beach AND Irvine ORANGE COUNTY SANITATION DISTRICT La Habra FINANCING CORPORATION La Palma Los Alamitos Wednesday, July 22, 2020 — 6:00 P.M. Newport Beach ACCESSIBILITY FOR THE GENERAL PUBLIC Orange Due to the spread of COVID-19, the Orange County Sanitation District will Placentia be holding all upcoming Board and Committee meetings by Santa Ana teleconferencing and Internet accessibility. This meeting will be available Seal Beach to the public online at: Stanton https://ocsd.legistar.com/Calendar.aspx Tustin The Regular Meeting of the Board of Directors of the Orange County Sanitation Villa Park District will be held in the manner indicated above on Wednesday, County of Orange July 22, 2020 at 6:00 p.m. Costa Mesa Sanitary District Midway City Sanitary District Jerk o e oard Irvine Ranch Water District Yorba Linda Water District Upcoming Meetings: Steering Committee - Wednesday, August 26, 2020 at 5:00 p.m. oJN SANIt'7oy Board Meeting - Wednesday, August 26, 2020 at 6:00 p.m. G � � 2 1 9 1 1"E ENv\P Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. BOARD MEETING DATES August 26, 2020 September 23, 2020 October 28, 2020 November 18, 2020 December 16, 2020 January 27, 2021 February 24, 2021 March 24, 2021 April 28, 2021 May 26, 2021 June 23, 2021 July 28, 2021 *Meeting will be held on the third Wednesday of the month ORANGE COUNTY SANITATION DISTRICT Effective 06/16/2020 BOARD OF DIRECTORS Complete Roster ALTERNATE AGENCY/CITIES ACTIVE DIRECTOR DIRECTOR Anaheim Lucille Kring Denise Barnes Brea Glenn Parker Cecilia Hupp Buena Park Fred Smith Connor Traut Cypress Mariellen Yarc Stacy Berry Fountain Valley Steve Nagel Patrick Harper Fullerton Jesus J. Silva Jan Flory Garden Grove Steve Jones John O'Neill Huntington Beach Erik Peterson Lyn Semeta Irvine Christina Shea Anthony Kuo La Habra Tim Shaw Rose Espinoza La Palma Peter Kim Nitesh Patel Los Alamitos Richard Murphy Dean Grose Newport Beach Brad Avery Joy Brenner Orange Mark Murphy Kim Nichols Placentia Chad Wanke Ward Smith Santa Ana Nelida Mendoza David Penaloza Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Stanton David Shawver Carol Warren Tustin Allan Bernstein Chuck Puckett Villa Park Robert Collacott Chad Zimmerman Sanitary/Water Districts Costa Mesa Sanitary District James M. Ferryman Bob Ooten Midway City Sanitary District Andrew Nguyen Margie L. Rice Irvine Ranch Water District John Withers Douglas Reinhart Yorba Linda Water District Brooke Jones Phil Hawkins County Areas Board of Supervisors Doug Chaffee Donald P. Wagner GoJN SANITgT,/0 Q ? r c� o i H� THE ENS Orange County Sanitation District BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, July 22, 2020 - 6:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 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, July 22, 2020 CALL TO ORDER (Board Chairman David Shawver) INVOCATION AND PLEDGE OF ALLEGIANCE Nelida Mendoza (Santa Ana) ROLL CALL AND DECLARATION OF QUORUM Clerk of the Board PUBLIC COMMENTS: You may submit your comments and questions in writing for the Board of Directors consideration by sending them to the Clerk of the Board at OCSDClerk@ocsd.com with the subject line 'PUBLIC COMMENT ITEM# (insert the item number relevant to your comment)" or 'PUBLIC COMMENT NON-AGENDA ITEM". Submit your written comments by 6:00 p.m. on July 21, 2020. All public comments will be provided to the Board of Directors and may be read into the record or compiled as part of the record. SPECIAL PRESENTATIONS: SERVICE AWARDS PRESENTED IN JULY 2020: Angela Brandt, Accounting Supervisor - 20 years Jeff Brown, Senior Engineer - 25 years Peter Cheffs, Lead Mechanic - 25 years Rob Thompson, Assistant General Manager- 25 years Pongsakdi Cady, IT Supervisor- 30 years 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 2020-1113 RECOMMENDATION: Approve Minutes of the Regular Meeting of the Board of Directors held June 24, 2020. Originator: Kelly Lore Attachments: Agenda Report 06-24-2020 Board Meeting Minutes Page 1 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, July 22, 2020 RECEIVE AND FILE: 2. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH 2O20-909 OF JUNE 2020 RECOMMENDATION: Receive and file the following: Report of the Investment Transactions for the month of June 2020. Originator: Lorenzo Tyner Attachments: Agenda Report Investment Transactions for the Month of June 2020 3. COMMITTEE MEETING MINUTES 2020-1129 RECOMMENDATION: Receive and file the following: A. Minutes of the Legislative and Public Affairs Committee held March 9, 2020 B. Minutes of the Steering Committee Meeting held May 27, 2020 C. Minutes of the Operations Committee Meeting held June 3, 2020 D. Minutes of the Administration Committee Meeting held June 10, 2020 Originator: Kelly Lore Attachments: Agenda Report 03-09-2020 Legislative and Public Affairs Meeting Minutes 05-27-2020 Steering Committee Minutes 06-03-2020 Operations Committee Minutes 06-10-2020 Administration Committee Minutes OPERATIONS COMMITTEE: 4. NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2, 2020-1150 PROJECT NO. J-127 RECOMMENDATION: A. Receive and file Bid Tabulation and Recommendation for Natural Gas Pipelines Replacement at Plant Nos. 1 and 2, Project No. J-127; B. Reject the bid from apparent low bidder, Well Anchored Inc., as non-responsive; C. Award a Construction Contract to Innovative Construction Solutions for Natural Gas Pipelines Replacement at Plant Nos. 1 and 2, Project No. J-127, for a total amount not to exceed $745,500; and D. Approve a contingency of $74,550 (10%) Originator: Kathy Millea Page 2 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, July 22, 2020 Attachments: Agenda Report J-127 Construction Contract 5. EXTENSION OF COVID-19 DISINFECTING JANITORIAL SERVICES 2020-1151 RECOMMENDATION: Approve a Sole Source Purchase Order Contract Change Order to Contract P.O. 134070-OS with Gamboa Services, Inc. DBA Corporate Image Maintenance, extending the COVID-19 disinfecting janitorial services at Plant No. 1 and Plant No. 2, from August 1, 2020 through January 31, 2021 , for a total change order amount not to exceed $140,400, total Purchase Order contract amount not to exceed $236,250. Originator: Rob Thompson Attachments: Agenda Report 6. SHALLOW REBAR REPAIR SERVICES 2020-1152 RECOMMENDATION: A. Approve a Purchase Order service contract to Tharsos Inc. to provide Shallow Rebar Repair Services, per Specification No. S-2020-1161 BD, for a total amount not to exceed $272,797 for the period beginning August 1, 2020 through July 31, 2021 , with four, one-year renewal options; and B. Approve an annual contingency of $13,640 (5%). Originator: Rob Thompson Attachments: Agenda Report 7. PLANT NO. 1 SUNFLOWER PUMP NO. 2 GEAR DRIVE 2020-1153 REPLACEMENT RECOMMENDATION: A. Award a Sole Source Purchase Order Contract to Nuttall Gear for the purchase of a Nuttall Gear Drive T/25 unit for Plant No. 1 Sunflower Pump Station, for a total amount not to exceed $198,610, plus applicable tax and freight, and B. Approve a contingency of $9,931 (5%). Originator: Rob Thompson Attachments: Agenda Report Page 3 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, July 22, 2020 8. REHABILITATION OF SIXTEEN RECTANGULAR CLARIFIERS AT 2020-1154 PLANT NO. 1 RECOMMENDATION: A. Award a service contract to J.R. Filanc Construction Company, Inc. for the mechanical rehabilitation and overhaul of sixteen rectangular primary clarifier tanks at Plant No. 1, Specification No. S-2020-114813D, for a total amount not to exceed $1,319,313; and B. Approve a contingency of $131,932 (10%). Originator: Rob Thompson Attachments: Agenda Report S-2020-1148BD Contract - Filanc 9. HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. 2020-1155 P1-105 RECOMMENDATION: Adopt Resolution No. OCSD 20-05 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District, making findings pursuant to Public Contract Code Section 3400 in support of the sole source specification of SUEZ Water Technologies & Solutions for refurbishing four existing bar screens and for furnishing two new bar screens for Headworks Rehabilitation at Plant No. 1, Project No. P1-105". Originator: Kathy Millea Attachments: Agenda Report Resolution No. OCSD 20-05 Suez Sole Source PPP P1-105 Bar Screen Sole Source 10. HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. 2020-1158 P1-105 RECOMMENDATION: Adopt Resolution No. OCSD 20-06 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District, making findings pursuant to Public Contract Code Section 3400 in support of the sole source specification of Huber Technology for grit washing and dewatering systems for Headworks Rehabilitation at Plant No. 1, Project No. P1-105". Originator: Kathy Millea Attachments: Agenda Report Resolution No. 20-06 Huber Sole Source PPP P1-105 Grit Washing Sole Source Page 4 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, July 22, 2020 11. A-SIDE PRIMARY TREATMENT CLARIFIERS REPLACEMENT AT 2020-1156 PLANT NO. 2, PROJECT NO. P2-98A RECOMMENDATION: Adopt Resolution No. OCSD 20-07 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District, making findings pursuant to Public Contract Code Section 3400 in support of the Sole Source Specification of Hallsten Corporation, manufacturer of Truss Supported Flat Aluminum Covers for A-Side Primary Clarifiers Replacement at Plant No. 2, Project No. P2-98A, as part of Primary Treatment Rehabilitation at Plant No. 2, Project No. P2-98". Originator: Kathy Millea Attachments: Agenda Report Resolution No. OCSD 20-07 Hallsten Sole Source PPP P2-98A Covers Sole Source 12. TPAD DIGESTER FACILITY AT PLANT NO. 2, PROJECT NO. P2-128 2020-1159 RECOMMENDATION: A. Approve a Professional Design Services Agreement with Brown and Caldwell to provide engineering services for Temperature Phased Anaerobic Digestion (TPAD) Digester Facility at Plant No. 2, Project No. P2-128, for an amount not to exceed $39,300,000; and B. Approve a contingency of $3,930,000 (10%). Originator: Kathy Millea Attachments: Agenda Report P2-128 PDSA PPP P2-128 TPAD PDSA ADMINISTRATION COMMITTEE: 13. PROPERTY MANAGEMENT SERVICES FOR 18350 MT. LANGLEY 2020-1161 STREET AND 18368-18375-18381-18384 BANDILIER CIRCLE, FOUNTAIN VALLEY RECOMMENDATION: Approve Amendment No. 4 of the sole source agreement with The Muller Company for Property Management Services for 18350 Mt. Langley Street and 18368- 18375- 18381- 18384 Bandilier Circle in Fountain Valley for the period of September 1, 2020 through June 30, 2021 for a management fee of $3,200 per month plus other incurred expenses, including an additional renewal period of six months. Page 5 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, July 22, 2020 Originator: Lorenzo Tyner Attachments: Agenda Report Amendment No. 4 14. GENERAL MANAGER AUTHORITY TO TERMINATE LEASE 2020-1162 AGREEMENTS AT 18350 MT. LANGLEY STREET AND 18368 BANDILIER CIRCLE, FOUNTAIN VALLEY RECOMMENDATION: Authorize the General Manager to terminate lease agreements at his discretion for the following tenants at 18350 Mt. Langley Street and 18368 Bandilier Circle in Fountain Valley, for the period of July 1, 2020 through June 30, 2021: Lessee Property Suites Expiration Kroll/On Track 18350 Mt. Langley Street 110 06/30/2021 Western Youth Services 18350 Mt. Langley Street 200, 206, 215, 220 05/30/2021 Atlantic-Pacific Processing 18350 Mt. Langley Street 205, 210 11/30/2021 United Family 18350 Mt. Langley Street 209 03/04/2021 De La Rosa Maintenance 18368 Bandilier Circle 01/31/2023 Contractors Originator: Lorenzo Tyner Attachments: Agenda Report 15. 2021 BENEFITS INSURANCE RENEWAL 2020-1163 RECOMMENDATION: Approve the Orange County Sanitation District 2021 Benefits Insurance Renewal for the amount of $12,953,965 for active employees and $958,858 for retiree-paid health premiums, for an overall not-to-exceed amount of $13,912,823, as specified below: A. WORKTERRA (medical, dental, and vision plans; and Employee Assistance Program [EAP]) - Not to Exceed $12,184,838; B. Prudential (basic life, short- and long-term disability) - Not to Exceed $718,480; C. The Standard (EMT & Manager disability) - Not to Exceed $30,000; D. BenefitWallet (Health Savings Accounts [HSA]) - Not to Exceed $20,647; E. WORKTERRA (additional retiree costs, recouped from retirees through premium payments) - Not to Exceed $958,858; and F. Approve a contingency of $695,641 (5%). Originator: Celia Chandler Page 6 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, July 22, 2020 Attachments: Agenda Report LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: 16. PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF MARCH THROUGH 2O20-1173 JUNE 2020 RECOMMENDATION: Receive and file the Public Affairs Update for the months of March through June 2020. Originator: Jim Herberg Attachments: Agenda Report Outreach and Media Summary Report, March-June 2020 17. PUBLIC AFFAIRS STRATEGIC PLAN FOR FISCAL YEARS 2020-2022 2020-1174 RECOMMENDATION: Approve the Public Affairs Strategic Plan for Fiscal Years 2020 - 2022. Originator: Jim Herberg Attachments: Agenda Report PAO Strategic Plan FY2020-2022 Appendix B - Public Affairs Portfolio FY2019-2020 PAO Strategic Plan Presentation 18. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF MARCH 2O20-1175 THROUGH JUNE 2020 RECOMMENDATION: Receive and file the Legislative Affairs Update for the months of March through June 2020. Originator: Jim Herberg Page 7 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, July 22, 2020 Attachments: Agenda Report Federal Update - ENS Resources H.R. 2 Support Letter H.R.2 Summary Cares Act Comment Letter Cares Act Comment Letter Two Heroes Act Comment Letter Federal Legislative Matrix - ENS Resources State Update Townsend Public Affairs AB 2762 Support Cosmetics Safety AB 3163 Support Energy Biomethane Procurement State Legislative Matrix Townsend Grant Matrix 2019 - 2020 PPP Federal Update 07-13-2020 PPP State Update 07-13-2020 STEERING COMMITTEE: 19. JOINT POWERS AGREEMENT, SOUTHERN CALIFORNIA COASTAL 2020-1176 WATER RESEARCH PROJECT AUTHORITY (SCCWRP) RECOMMENDATION: A. Adopt Resolution No. OCSD 20-04 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Tenth Amended Joint Powers Agreement confirming the creation of the agency known as Southern California Coastal Water Research Project Authority (SCCWRP), providing for continuation of SCCWRP for five years from July 1, 2021 through June 30, 2026"; and B. Approve annual funding in the amount of $515,000 for FY 2021/22; $530,450 for FY 2022/23; $546,363 for FY 2023/24; $562,754 for FY 2024/25; and $579,637 for FY 2025/26. Originator: Jim Herberg Attachments: Agenda Report Resolution No. OCSD 20-04 JPA 10th Amendment NON-CONSENT: None. INFORMATION ITEMS: None. Page 8 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, July 22, 2020 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: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. CONVENE IN CLOSED SESSION. CS-1 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - 2020-1170 GOVERNMENT CODE SECTION 54956.9(D)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Victor Garcia vs. OCSD, Workers Compensation Appeals Board Case No. W C648C32852 Attachments: Agenda Report Memo re V. Garcia WCAB Claim CS-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED 2020-1171 LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Initiation of litigation regarding development fees and conditions at Project OCSD Headquarters Building: City of Fountain Valley Attachments: Agenda Report Memo re Anticipated Litigation Headquarters Building CS-3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1) 2020-1172 RECOMMENDATION: Convene in Closed Session: Public Employee Performance Evaluation Page 9 of 10 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, July 22, 2020 Number of Employees: 1 • General Manager Attachments: Agenda Report Memo re General Manager Evaluation RECONVENE IN REGULAR SESSION. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time 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 August 26, 2020 at 6:00 p.m. in memory of former Board Chairman John Collins. 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 #: 2020-1113 Agenda Date: 7/22/2020 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 June 24, 2020. 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 19-19 ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Minutes of the Board of Directors meeting held June 24, 2020 Orange County Sanitation District Page 1 of 1 Printed on 7/15/2020 powered by LegistarTM ORANGE COUNTY SANITATION DISTRICT MINUTES BOARD OF DIRECTORS J U N E 243 2020 �y S A N l T G Q � o � THE EN�\�o� Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 BOARD OF DIRECTORS Minutes June 24, 2020 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 June 24, 2020 at 6:10 p.m. in the Administration Building. Director Chad Wanke delivered the invocation and led the Pledge of Allegiance. Clerk of the Board Kelly Lore stated that the meeting was being held telephonically and via audio/video teleconferencing in accordance with the Governor's Executive Order No. N-29-20, due to the Coronavirus Pandemic (COVID-19 and announced the teleconference meeting guidelines and stated that votes will be taken by roll call. ROLL CALL & DECLARATION OF QUORUM The Clerk of the Board declared a quorum present as follows: PRESENT: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Yarc ABSENT: Brad Avery STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board; Al Garcia; and Brian Engeln were present in the Board Room. Assistant General Manager Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy Millea, Director of Environmental Services Lan Wiborg, Director of Human Resources Celia Chandler, Tina Knapp, and Wally Ritchie participated telephonically. OTHERS PRESENT: Brad Hogin (General Counsel) was present in the Board Room. 1. APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT 2020-1133 BOARD OF DIRECTORS Originator: Kelly Lore WITHOUT OBJECTION, ACTION TAKEN TO: Receive and file minute excerpts of member agencies relating to appointments to the Orange County Sanitation District Board of Directors: Agency Director Alternate Director City of Santa Ana Nelida Mendoza David Penaloza Chair Shawver welcomed newly appointed Director Mendoza to the meeting. Page 1 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS: None. REPORTS: Chair Shawver announced that the July Operations, Administration, and Legislative and Public Affairs Committees will be held on their regular date and time and will continue to take place remotely. Chair Shawver stated that over the last few months the Board had been provided updates on the budget process including a presentation on the potential impacts of bypassing the user fee increase for the upcoming year. Staff found financial stability could be maintained while foregoing the rate increase. Chair Shawver stated this relief should help our customers impacted by the COVID-19 pandemic. Chair Shawver reminded the Board Members that tomorrow they should receive their talking points regarding OCSD information and tonight's Board actions. General Manager Jim Herberg provided a brief COVID-19 update. CONSENT CALENDAR: 2. APPROVAL OF MINUTES 2020-1110 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Board of Directors meeting held on May 27, 2020. AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Mark Murphy, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Yarc NOES: None ABSENT: Brad Avery and Tim Shaw ABSTENTIONS: Nelida Mendoza Page 2 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 RECEIVE AND FILE: 3. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH 2O20-908 OF MAY 2020 Originator: Lorenzo Tyner WITHOUT OBJECTION, ACTION TAKEN TO: Report of the Investment Transactions for the month of May 2020. 4. COMMITTEE MEETING MINUTES 2020-1109 Originator: Kelly Lore WITHOUT OBJECTION, ACTION TAKEN TO: A. Minutes of the Steering Committee Meeting held April 22, 2020 B. Minutes of the Operations Committee Meeting held May 6, 2020 C. Minutes of the Administration Committee Meeting held May 13, 2020 OPERATIONS COMMITTEE: 5. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE 2020-1104 REPORT Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Capital Improvement Program Contract Performance Report for the period ending March 31, 2020. AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Yarc NOES: None ABSENT: Brad Avery, Andrew Nguyen and Tim Shaw ABSTENTIONS: None 6. TOSHIBA 12KV CIRCUIT BREAKER PURCHASE 2020-1105 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Page 3 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 A. Award a Purchase Order Contract to Superior Electric Motor Services for the purchase of eight Toshiba HVK 12kV circuit breakers for Plant No. 1 Electrical Distribution System, per Specification No. E-2020-1162BD, for a total amount not to exceed $195,072, including sales tax and freight; and B. Approve a contingency of $9,754 (5%). AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Ya rc NOES: None ABSENT: Brad Avery, Andrew Nguyen and Tim Shaw ABSTENTIONS: None 7. 12KV DISTRIBUTION CENTER B AND EAST RAS PUMP STATION 2020-1106 ROOFING REPLACEMENT, PROJECT NO. FE18-19R Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Bid Tabulations and Recommendation for O'Connell Engineering & Construction, Inc. for 12kV Distribution Center B and East RAS Pump Station Roofing Replacement, Project No. FE18-19R; B. Award a Construction Contract to O'Connell Engineering & Construction, Inc. for 12kV Distribution Center B and East RAS Pump Station Roofing Replacement, Project No. FE18-19R, for a total amount not to exceed $674,800; and C. Approve a contingency of $67,480 (10%). AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Yarc NOES: None ABSENT: Brad Avery, Andrew Nguyen and Tim Shaw ABSTENTIONS: None 8. HEADQUARTERS COMPLEX SITE PREPARATION, PROJECT NO. 2020-1107 P1-128C Originator: Kathy Millea Page 4 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 MOVED, SECONDED, AND DULY CARRIED TO: A. Consider the Fountain Valley Crossings Specific Plan Program Environmental Impact Report (State Clearinghouse No. 2015101042) that evaluated the total buildout of the Specific Plan area with a goal of revitalizing the existing light industrial use; B. Consider, receive, and file the Initial Study/Addendum for the Administrative Headquarters Building, Project for P1-128, dated December 2019 to the City of Fountain Valley's Program Environmental Impact Report for the Fountain Valley Crossings Specific Plan to demolish five warehouse buildings, construct and operate an administrative headquarters building, pedestrian bridge, signage, landscaping, lighting, and surface parking lot in the City of Fountain Valley; C. Receive and file Bid Tabulation and Recommendation for Headquarters Complex Site Preparation, Project No. P1-128C; D. Accept the formal bid withdrawal request received on March 13, 2020 from the initial lowest bidder, Interior Demolition, Inc.; E. Reject the bid from the second apparent low bidder AMPCO North, Inc. as non-responsive; F. Award a Demolition Contract to Resource Environmental, Inc. for Headquarters Complex Site Preparation, Project No. P1-128C, for a total amount not to exceed $1,555,000-1 and G. Approve a contingency of $155,500 (10%). AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Ya rc NOES: None ABSENT: Brad Avery, Andrew Nguyen and Tim Shaw ABSTENTIONS: None 9. HEADQUARTERS COMPLEX SITE PREPARATION, PROJECT NO. 2020-1108 P1-128C Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Page 5 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 A. Approve a Professional Construction Services Agreement with HDR, Inc. to provide construction support services for Headquarters Complex Site Preparation, Project No. P1-128C, for a total amount not to exceed $178,000; and B. Approve a contingency of $17,800 (10%). AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Ya rc NOES: None ABSENT: Brad Avery, Andrew Nguyen and Tim Shaw ABSTENTIONS: None ADMINISTRATION COMMITTEE: 10. ENVIRONMENTAL REGULATORY REPORTS 2020-1116 Originator: Lan Wiborg MOVED, SECONDED, AND DULY CARRIED TO: Receive and file environmental regulatory reports: Biosolids Management Compliance Report 2019; Annual Pretreatment Program Report Fiscal Year 2018-2019; Semi-Annual Pretreatment Program Report Fiscal Year 2019-2020 (July-December); Annual Greenhouse Gas Emissions Report 2019; Annual Emission Report 2019; and Marine Monitoring Annual Report 2018/2019. AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Yarc NOES: None ABSENT: Brad Avery and Tim Shaw ABSTENTIONS: None 11. COMPLETE FIELD INSTRUMENT CALIBRATION SOLUTION 2020-1117 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Page 6 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 A. Award a Professional Services Agreement to Beamex, Inc. to provide Instrumentation Data Management Services, Specification No. CS-2020-1102, for a total amount not to exceed $257,714; B. Award a sole source purchase order for the purchase of instrumentation hardware in an amount not to exceed $259,124-1 and C. Approve a contingency in the amount of $77,525 (15%) for both procurements. AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Yarc NOES: None ABSENT: Brad Avery and Tim Shaw ABSTENTIONS: None 12. GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2020-21 2020-1118 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 20-02, entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District Establishing the Annual Appropriations Limit for Fiscal Year 2020-21 for the District in accordance with the Provisions of Division 9 of Title 1 of the California Government Code". AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Yarc NOES: None ABSENT: Brad Avery and Tim Shaw ABSTENTIONS: None 13. FY 2020-21 USE CHARGES FOR SANTA ANA WATERSHED 2020-1119 PROJECT AUTHORITY Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Page 7 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 Adopt Resolution No. OCSD 20-03, entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District Establishing Use Charges for the 2020-21 Fiscal Year Pursuant to the Wastewater Treatment and Disposal Agreement with the Santa Ana Watershed Project Authority ("SAWPA")". AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Yarc NOES: None ABSENT: Brad Avery and Tim Shaw ABSTENTIONS: None 14. TRIPLE QUADRUPOLE MASS SPECTROMETER (TAMS) 2020-1120 Originator: Lan Wiborg MOVED, SECONDED, AND DULY CARRIED TO: Approve a purchase order to VWR for a Triple Quadrupole Mass Spectrometer (TQMS) System in the amount of $277,228.34 (including the TQMS system, freight, sales tax, and two (2) year extended warranty) in accordance with Ordinance No. OCSD-52, Section 2.03(B): Cooperative Procurement; (NASPO Value Point Master Agreement No. MA16000234-2 created by the State of Idaho which California (CA) agencies may utilize (CA Participating Addendum No. 7-16-99-26-01)). AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Yarc NOES: None ABSENT: Brad Avery and Tim Shaw ABSTENTIONS: None 15. 2020-21 PROPERTY - LIABILITY INSURANCE RENEWALS 2020-1121 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Page 8 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 Approve the Orange County Sanitation District FY 2020-21 Property-Liability Insurance Renewals for the not-to-exceed amounts specified below: Property and Boiler & Machinery - Not to Exceed $ 1,151,935 Excess General Liability Insurance - Not to Exceed $ 745,336 Excess Workers' Compensation Insurance - Not to Exceed $ 207,000 Earthquake Insurance - Not to Exceed $ 100,000 TOTAL $ 2,204,271 AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Yarc NOES: None ABSENT: Brad Avery and Tim Shaw ABSTENTIONS: None LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: None. STEERING COMMITTEE: 16. GENERAL MANAGER'S FY 2019-2020 WORK PLAN YEAR-END 2020-1131 UPDATE Originator: Jim Herberg WITHOUT OBJECTION, ACTION TAKEN TO: Receive and file the General Manager's FY 2019-2020 Work Plan Year-End Update. Chair Shawver Recessed the OCSD Board of Directors Meeting at 6:25 p.m. *************************************************************************************************** Page 9 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION CALL TO ORDER Chair Shawver called the Board of Directors, Orange County Sanitation District Financing Corporation meeting to order at 6:26 p.m. ROLL CALL & DECLARATION OF QUORUM Kelly Lore, Secretary of the Financing Corporation, declared a quorum present as follows: PRESENT: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Yarc ABSENT: Brad Avery and Tim Shaw Kelly Lore, Secretary of the Financing Corporation, announced that the members of the Orange County Sanitation District Board of Directors are each being compensated $212.50 for the Board of Directors Meeting; there is no additional compensation for the Financing Corporation Meeting. APPROVAL OF MINUTES: FC-1 APPROVAL OF MINUTES - FINANCING CORPORATION 2020-1089 Originator: Kelly Lore WITHOUT OBJECTION, ACTION TAKEN TO: Approve Minutes of the Regular Meeting of the Orange County Sanitation District Financing Corporation of June 26, 2019. INFORMATION ITEMS: FC-2 ANNUAL STATUS REPORT OF THE ORANGE COUNTY SANITATION 2020-1088 DISTRICT FINANCING CORPORATION Originator: Lorenzo Tyner Assistant General Manager Lorenzo Tyner provided a verbal overview of the annual status report. WITHOUT OBJECTION, ACTION TAKEN TO: Page 10 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 Receive and file the Annual Status Report of the Orange County Sanitation District Financing Corporation. Chair Shawver adjourned the meeting of the Board of Directors, Orange County Sanitation District Financing Corporation at 6.28 p.m. ***************************************************************************************************** Page 11 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 Chair Shawver reconvened the Orange County Sanitation District Board of Directors meeting at 6:29 p.m. Director Shaw arrived at the meeting at 6:30 p.m. NON-CONSENT: 17. PROPOSED FY 2020-21 AND FY 2021-22 BUDGET 2020-1122 Originator: Lorenzo Tyner General Manager Herberg provided a brief summary of the proposed budget and rate adjustment. MOVED, SECONDED, AND DULY CARRIED TO: Page 12 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 A. Reduce the approved Fiscal Year 2020-2021 Single Family Residential (SFR), Multi-Family Residential (MFR) rates, and Industrial Dischargers Charge for Use (see attachment) as follows: SFR* MFR SFR* MFR Approved Approved Proposed Proposed July 1, 2020 $343.00 $240.10 $339.00 $237.30 July 1, 2021 $347.00 $242.90 $343.00 $240.10 July 1, 2022 $351.00 $245.70 $347.00 $242.90 *The SFR is the underlying rate for the Sanitation District's primary rate structure and as such other components of the rate structure will be adjusted accordingly. B. Approve the proposed Operating, Capital, Debt Service, and Self-Insurance Budgets for FY 2020-21 and FY 2021-22 as follows: FY 2020-21 FY 2021-22 Net Operating $ 174,315,516 $ 174,470,159 Self-Insurance - Workers' Comp $ 780,000 $ 800,000 Self-Insurance - Property & Gen. Liability $ 2,080,000 $ 2,140,000 Net Capital Improvement Program $ 147,562,000 $ 240,846,000 Debt/COP Service (1) $ 72,838,369 $ 168,936,869 Intra-District Joint Equity Purchase/Sale(2) $ 3,500,000 $ 3,500,000 Total $ 401,075,885 $ 590,693,028 (1)Includes $102,200,000 in maturing debt (2)Cash to/from Revenue Area 14 (RA14) in exchange for capital assets to/from Consolidated Revenue Area 15 (RA15) AYES: Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy, Steve Nagel, Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers and Mariellen Yarc NOES: None ABSENT: Brad Avery ABSTENTIONS: None Page 13 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 INFORMATION ITEMS: None. AB 1234 DISCLOSURE REPORTS: Director Ferryman provided information on his upcoming meetings. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(4): The Board convened in closed session at 6:38 p.m. to discuss one item. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Section and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED 2020-1018 LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) CONVENED IN CLOSED SESSION: Number of Potential Cases: 1 Initiation of litigation regarding development fees and conditions at Project OCSD Headquarters Building: City of Fountain Valley RECONVENED IN REGULAR SESSION. The Board reconvened in regular session at 7:16 p.m. 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. On behalf of the entire Board, Chair Shawver expressed condolence to Director Ferryman and his family on the recent loss of his son. Mr. Herberg announced the passing of former employee Bill Clarke who served as the OCSD Page 14 of 15 BOARD OF DIRECTORS Minutes June 24, 2020 Plant Superintendent from 1961 - 1989 and requested the Chair adjourn the meeting in his memory. ADJOURNMENT: At 7:19 p.m., Chair Shawver adjourned the meeting until the Regular Meeting of the Board of Directors to be held on July 22, 2020 at 6:00 p.m. in memory of former OCSD Plant Superintendent Bill Clarke. Submitted by: Kelly A. Lore, MMC Clerk of the Board Page 15 of 15 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 #: 2020-909 Agenda Date: 7/22/2020 Agenda Item No: 2. FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF JUNE 2020 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the following: Report of the Investment Transactions for the month of June 2020. 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 June 30, 2020. RELEVANT STANDARDS • CA Government Code Section 53607 PRIOR COMMITTEE/BOARD ACTIONS N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Report of the Investment Transactions for the Month of June 2020 Orange County Sanitation District Page 1 of 1 Printed on 7/15/2020 powered by LegistarTM U.S. Bank Transaction History June 2020 Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss, ACQUISITIONS 06/01/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 572,812.5000 1.000000 -572,812.50 572,812.50 0.00 06/02/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 1,173.7800 1.000000 -1,173.78 1,173.78 0.00 06/02/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 970.6600 1.000000 -970.66 970.66 0.00 06/05/2020 912828ZL7 PURCHASED PAR VALUE OF U S TREASURY NT 0.375% 4/30/25/TD SECURITIES 5,000,000.0000 0.998281 -4,991,406.25 4,991,406.25 0.00 (USA)/5,000,000 PAR VALUE AT 99.828125% 06/08/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 256,250.0000 1.000000 -256,250.00 256,250.00 0.00 06/09/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 81,250.0000 1.000000 -81,250.00 81,250.00 0.00 06/11/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 37,500.0000 1.000000 -37,500.00 37,500.00 0.00 06/12/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 4,074,750.0000 1.000000 -4,074,750.00 4,074,750.00 0.00 06/15/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 1,621,820.5400 1.000000 -1,621,820.54 1,621,820.54 0.00 06/15/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 231.0900 1.000000 -231.09 231.09 0.00 06/18/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 589,364.1100 1.000000 -589,364.11 589,364.11 0.00 06/19/2020 3135G04Z3 PURCHASED PAR VALUE OF F N M A 0.500% 6/17/25/NOMURA SECURITIES 9,905,000.0000 0.997930 -9,884,496.65 9,884,496.65 0.00 INTERNATIONA/9,905,000 PAR VALUE AT 99.793% 06/19/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 137,500.0000 1.000000 -137,500.00 137,500.00 0.00 06/22/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 5,394,928.7000 1.000000 -5,394,928.70 5,394,928.70 0.00 06/23/2020 459058FH1 PURCHASED PAR VALUE OF INTL BK 1.375% 5/24/21 /WELLS FARGO 1,000,000.0000 1.010570 -1,010,570.00 1,010,570.00 0.00 SECURITIES,LLC/1,000,000 PAR VALUE AT 101.057% 06/24/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 55,842.5000 1.000000 -55,842.50 55,842.50 0.00 06/25/2020 438516CBO PURCHASED PAR VALUE OF HONEYWELL 1.350% 6/01/25/GOLDMAN SACHS& 5,000,000.0000 1.023800 -5,119,000.00 5,119,000.00 0.00 CO. LLC/5,000,000 PAR VALUE AT 102.38% 06/25/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 11,888.1800 1.000000 -11,888.18 11,888.18 0.00 06/26/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 3,405,000.0000 1.000000 -3,405,000.00 3,405,000.00 0.00 06/26/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 11,865,960.0000 1.000000 -11,865,960.00 11,865,960.00 0.00 06/29/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 14,628.0000 1.000000 -14,628.00 14,628.00 0.00 06/30/2020 912796UC1 PURCHASED PAR VALUE OF U S TREASURY BILL 1/28/21 /J.P.MORGAN 23,000,000.0000 0.999073 -22,978,667.50 22,978,667.50 0.00 SECURITIES LLC/23,000,000 PAR VALUE AT 99.90725% 06/30/2020 9127963QO PURCHASED PAR VALUE OF U S TREASURY BILL 8/25/20/GOLDMAN SACHS& 10,000,000.0000 0.999781 -9,997,814.44 9,997,814.44 0.00 CO. LLC/10,000,000 PAR VALUE AT 99.9781444% 06/30/2020 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 13,340,082.5000 1.000000 -13,340,082.50 13,340,082.50 0.00 TOTAL ACQUISITIONS 95,366,952.5600 -95,443,907.40 95,443,907.40 0.00 DISPOSITIONS 06/12/2020 313383HU8 MATURED PAR VALUE OF F H L B DEB 1.750% 6/12/20 4,000,000 PAR VALUE AT -4,000,000.0000 1.000000 4,000,000.00 -4,007,160.00 -7,160.00 100% 06/22/2020 3135GOD75 MATURED PAR VALUE OF F N M A DEB 1.500% 6/22/20 5,000,000 PAR VALUE AT -5,000,000.0000 1.000000 5,000,000.00 -4,955,650.00 44,350.00 100% 06/26/2020 89233GFSO MATURED PAR VALUE OF TOYOTA MOTOR CREDIT CO C P 6/26/20 11,800,000 PAR -11,800,000.0000 1.000000 11,778,147.06 -11,778,147.06 0.00 VALUE AT 100% 1 of 7 U.S. Bank Transaction History June 2020 Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss 06/26/2020 89233GFSO MATURED PAR VALUE OF TOYOTA MOTOR CREDIT CO C P 6/26/20 3,405,000 PAR -3,405,000.0000 1.000000 3,398,694.13 -3,398,694.13 0.00 VALUE AT 100% 06/30/2020 9127962X6 MATURED PAR VALUE OF U S TREASURY BILL 6/30/20 5,000,000 PAR VALUE AT -5,000,000.0000 1.000000 4,999,586.81 -4,999,586.81 0.00 100% 06/30/2020 912828XH8 MATURED PAR VALUE OF U S TREASURY NT 1.625% 6/30/20 5,000,000 PAR VALUE -5,000,000.0000 1.000000 5,000,000.00 -5,001,367.19 -1,367.19 AT 100% 06/30/2020 912828VJ6 MATURED PAR VALUE OF U S TREASURY NT 1.875% 6/30/20 15,000,000 PAR -15,000,000.0000 1.000000 15,000,000.00 -15,022,265.63 -22,265.63 VALUE AT 100% 06/30/2020 912828XY1 MATURED PAR VALUE OF U S TREASURY NT 2.500% 6/30/20 11,000,000 PAR -11,000,000.0000 1.000000 11,000,000.00 -11,046,640.63 -46,640.63 VALUE AT 100% 06/15/2020 31348SWZ3 PAID DOWN PAR VALUE OF F H L M C#786064 3.845% 1/01/28 MAY FHLMC DUE -21.5000 0.000000 21.50 -20.98 0.52 6/15/20 06/15/2020 3133TCE95 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 4.020% 8/15/32 -213.1000 0.000000 213.10 -213.32 -0.22 06/25/2020 31394JY35 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 6.500% 9/25/43 -8,539.1300 0.000000 8,539.13 -9,670.56 -1,131.43 06/25/2020 31371NUC7 PAID DOWN PAR VALUE OF F N M A#257179 4.500% 4/01/28 MAY FNMA DUE -133.6700 0.000000 133.67 -141.37 -7.70 6/25/20 06/25/2020 31376KT22 PAID DOWN PAR VALUE OF F N M A#357969 5.000% 9/01/35 MAY FNMA DUE -921.1700 0.000000 921.17 -990.26 -69.09 6/25/20 06/25/2020 31381PDA3 PAID DOWN PAR VALUE OF F N M A#466397 3.400%11/01/20 MAY FNMA DUE -727.9100 0.000000 727.91 -712.16 15.75 6/25/20 06/25/2020 31403DJZ3 PAID DOWN PAR VALUE OF F N M A#745580 5.000% 6/01/36 MAY FNMA DUE -1,281.9500 0.000000 1,281.95 -1,378.10 -96.15 6/25/20 06/25/2020 31403GXF4 PAID DOWN PAR VALUE OF F N M A#748678 5.000%10/01/33 MAY FNMA DUE -9.3600 0.000000 9.36 -10.06 -0.70 6/25/20 06/25/2020 31406PQY8 PAID DOWN PAR VALUE OF F N M A#815971 5.000% 3/01/35 MAY FNMA DUE -3,030.4600 0.000000 3,030.46 -3,257.74 -227.28 6/25/20 06/25/2020 31406XWT5 PAID DOWN PAR VALUE OF F N M A#823358 3.674% 2/01/35 MAY FNMA DUE -516.6800 0.000000 516.68 -512.64 4.04 6/25/20 06/25/2020 31407BXH7 PAID DOWN PAR VALUE OF F N M A#826080 5.000% 7/01/35 MAY FNMA DUE -151.1500 0.000000 151.15 -162.49 -11.34 6/25/20 06/25/2020 31410F4V4 PAID DOWN PAR VALUE OF F N M A#888336 5.000% 7/01/36 MAY FNMA DUE -4,219.1400 0.000000 4,219.14 -4,535.58 -316.44 6/25/20 06/25/2020 3138EG6F6 PAID DOWN PAR VALUE OF F N M A#AL0869 4.500% 6/01/29 MAY FNMA DUE -269.5400 0.000000 269.54 -285.07 -15.53 6/25120 06/25/2020 31417YAY3 PAID DOWN PAR VALUE OF F N M A#MA0022 4.500% 4/01/29 MAY FNMA DUE -473.0800 0.000000 473.08 -500.33 -27.25 6/25/20 06/25/2020 31397QREO PAID DOWN PAR VALUE OF F N M A GTD REMIC 2.472% 2/25/41 -4,230.4100 12.723436 4,230.41 -4,229.09 1.32 06/22/2020 36225CAZ9 PAID DOWN PAR VALUE OF G N M A 1 1#080023 3.125% 12/20/26 MAY GNMA DUE -156.4500 0.000000 156.45 -159.03 -2.58 6/20/20 06/22/2020 36225CC20 PAID DOWN PAR VALUE OF G N M A 1 1#080088 3.875% 6/20/27 MAY GNMA DUE -127.5800 0.000000 127.58 -130.37 -2.79 6120/20 2 of 7 U.S. Bank Transaction History June 2020 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 06/22/2020 36225CNM4 PAID DOWN PAR VALUE OF G N M A 1 1#080395 3.875% 4/20/30 MAY GNMA DUE -42.1000 0.000000 42.10 -41.72 0.38 6/20/20 06/22/2020 36225CN28 PAID DOWN PAR VALUE OF G N M A 1 1#080408 3.875% 5/20/30 MAY GNMA DUE -312.5300 0.000000 312.53 -309.36 3.17 6/20/20 06/22/2020 36225DCB8 PAID DOWN PAR VALUE OF G N M A 1 1#080965 3.250% 7/20/34 MAY GNMA DUE -1,321.9000 0.000000 1,321.90 -1,321.07 0.83 6/20/20 06/18/2020 43814PAC4 PAID DOWN PAR VALUE OF HONDA AUTO 1.790% 9/20/21 -135,338.2300 0.000000 135,338.23 -133,191.85 2,146.38 06/15/2020 43815NABO PAID DOWN PAR VALUE OF HONDA AUTO 1.900% 4/15/22 -285,754.9800 0.000000 285,754.98 -285,734.98 20.00 06/18/2020 43814WAB1 PAID DOWN PAR VALUE OF HONDA AUTO 2.750% 9/20/21 -331,711.2600 0.000000 331,711.26 -331,689.90 21.36 06/22/2020 43815HAC1 PAID DOWN PAR VALUE OF HONDA AUTO 2.950% 8/22/22 -243,581.5700 0.000000 243,581.57 -243,548.15 33.42 06/18/2020 43814UAG4 PAID DOWN PAR VALUE OF HONDA AUTO 3.010% 5/18/22 -112,779.0700 0.000000 112,779.07 -112,776.61 2.46 06/15/2020 4778813AD6 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 1.820% 10/15/21 -21,956.3600 0.000000 21,956.36 -21,954.75 1.61 06/15/2020 477870AB5 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 2.280% 5/16/22 -212,536.3000 0.000000 212,536.30 -212,535.49 0.81 06/15/2020 47788CAC6 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 2.660% 4/18/22 -63,571.4900 0.000000 63,571.49 -63,566.92 4.57 06/15/2020 47789JAB2 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 2.850% 12/15/21 -197,146.3500 0.000000 197,146.35 -197,137.36 8.99 06/15/2020 47788EAC2 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 3.080% 11/15/22 -224,557.8200 0.000000 224,557.82 -224,540.80 17.02 06/15/2020 65478GAD2 PAID DOWN PAR VALUE OF NISSAN AUTO 1.750% 10/15/21 -130,340.0400 0.000000 130,340.04 -128,318.75 2,021.29 06/15/2020 65479GAD1 PAID DOWN PAR VALUE OF NISSAN AUTO 3.060% 3/15/23 -40,081.1100 0.000000 40,081.11 -40,079.81 1.30 06/15/2020 89239AAB9 PAID DOWN PAR VALUE OF TOYOTA AUTO 2.830% 10/15/21 -238,906.1700 0.000000 238,906.17 -238,884.48 21.69 06/05/2020 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -4,993,240.4900 1.000000 4,993,240.49 -4,993,240.49 0.00 06/19/2020 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -9,884,496.6500 1.000000 9,884,496.65 -9,884,496.65 0.00 06/23/2020 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -1,011,678.4400 1.000000 1,011,678.44 -1,011,678.44 0.00 06/25/2020 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -5,106,375.2200 1.000000 5,106,375.22 -5,106,375.22 0.00 06/30/2020 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -15,000,000.0000 1.000000 15,000,000.00 -15,000,000.00 0.00 06/30/2020 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -9,850,939.4400 1.000000 9,850,939.44 -9,850,939.44 0.00 TOTAL DISPOSITIONS -108,316,689.8000 108,288,117.80 -108,318,782.84 -30,665.04 OTHER TRANSACTIONS 06/01/2020 3135GOF73 INTEREST EARNED ON F N M A 1.500% 11/30/20$1 PV ON 7500000.0000 0.0000 0.000000 56,250.00 0.00 0.00 SHARES DUE 5/30/2020 06/01/2020 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE 0.0000 0.000000 1,173.78 0.00 0.00 5/31/2020 INTEREST FROM 5/1/20 TO 5/31/20 06/01/2020 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE 0.0000 0.000000 970.66 0.00 0.00 5/31/2020 INTEREST FROM 5/1/20 TO 5/31/20 06/01/2020 912828R69 INTEREST EARNED ON U S TREASURY NT 1.625% 5/31/23$1 PV ON 5000000.0000 0.0000 0.000000 40,625.00 0.00 0.00 SHARES DUE 5/31/2020 06/01/2020 9128281-165 INTEREST EARNED ON U S TREASURY NT 1.750% 11/30/21 $1 PV ON 7000000.0000 0.0000 0.000000 61,250.00 0.00 0.00 SHARES DUE 5/31/2020 06/01/2020 912828M80 INTEREST EARNED ON U S TREASURY NT 2.000% 11/30/22$1 PV ON 8000000.0000 0.0000 0.000000 80,000.00 0.00 0.00 SHARES DUE 5/31/2020 3 of 7 U.S. Bank Transaction History June 2020 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 06/01/2020 9128281-157 INTEREST EARNED ON U S TREASURY NT 2.125%11/30/23$1 PV ON 15000000.0000 0.0000 0.000000 159,375.00 0.00 0.00 SHARES DUE 5/31/2020 06/01/2020 9128283,17 INTEREST EARNED ON U S TREASURY NT 2.125% 11/30/24$1 PV ON 16500000.0000 0.0000 0.000000 175,312.50 0.00 0.00 SHARES DUE 5/31/2020 06/05/2020 912828ZL7 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 0.375% 4/30/25 0.0000 0.000000 -1,834.24 0.00 0.00 06/08/2020 3130AOF70 INTEREST EARNED ON F H L B DEB 3.375% 12/08/23$1 PV ON 10000000.0000 0.0000 0.000000 168,750.00 0.00 0.00 SHARES DUE 6/8/2020 06/08/2020 69353RFL7 INTEREST EARNED ON PNC BANK NA MTN 3.500% 6/08/23$1 PV ON 5000000.0000 0.0000 0.000000 87,500.00 0.00 0.00 SHARES DUE 6/8/2020 06/09/2020 313383QR5 INTEREST EARNED ON F H L B DEB 3.250% 6/09/23$1 PV ON 5000000.0000 0.0000 0.000000 81,250.00 0.00 0.00 SHARES DUE 6/9/2020 06/11/2020 912828WUO BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY-35984.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 DECREASE TO ADJUST FOR CHANGE IN CPI 06/11/2020 912828WUO FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY-35984.00 UNITS 0.0000 0.000000 0.00 -35,984.00 0.00 DECREASE TO ADJUST FOR CHANGE IN CPI 06/11/2020 313379RB7 INTEREST EARNED ON F H L B DEB 1.875% 6/11/21 $1 PV ON 4000000.0000 0.0000 0.000000 37,500.00 0.00 0.00 SHARES DUE 6/11/2020 06/11/2020 912828WUO PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY-35984.0000 -35,984.0000 0.000000 0.00 0.00 0.00 UNITS DECREASE TO ADJUST FOR CHANGE IN CPI 06/11/2020 912828WUO STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY-35984.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 DECREASE TO ADJUST FOR CHANGE IN CPI 06/12/2020 313383HU8 INTEREST EARNED ON F H L B DEB 1.750% 6/12/20$1 PV ON 4000000.0000 0.0000 0.000000 35,000.00 0.00 0.00 SHARES DUE 6/12/2020 06/12/2020 89114QCA4 INTEREST EARNED ON TORONTO DOMINION MTN 2.650% 6/12/24$1 PV ON 0.0000 0.000000 39,750.00 0.00 0.00 3000000.0000 SHARES DUE 6/12/2020 06/15/2020 313OA1XJ2 INTEREST EARNED ON F H L B 2.875% 6/14/24$1 PV ON 11110000.0000 0.0000 0.000000 159,706.25 0.00 0.00 SHARES DUE 6/14/2020 06/15/2020 31348SWZ3 INTEREST EARNED ON F H L M C#786064 3.845% 1/01/28$1 PV ON 5.4300 SHARES 0.0000 0.000000 5.43 0.00 0.00 DUE 6/15/2020 APRIL FHLMC DUE 6/15/20 06/15/2020 3133TCE95 INTEREST EARNED ON F H L M C MLTCL MTG 4.020% 8/15/32$1 PV ON 17.9900 0.0000 0.000000 17.99 0.00 0.00 SHARES DUE 6/15/2020$0.00335/PV ON 5,374.60 PV DUE 6/15/20 06/15/2020 43815NABO INTEREST EARNED ON HONDA AUTO 1.900% 4/15/22$1 PV ON 5311.2900 0.0000 0.000000 5,311.29 0.00 0.00 SHARES DUE 6/15/2020$0.00158/PV ON 3,354,499.87 PV DUE 6/15/20 06/15/2020 47788BAD6 INTEREST EARNED ON JOHN DEERE OWNER 1.820% 10/15/21 $1 PV ON 156.9400 0.0000 0.000000 156.94 0.00 0.00 SHARES DUE 6/15/2020$0.00152/PV ON 103,479.10 PV DUE 6/15/20 06/15/2020 477870AB5 INTEREST EARNED ON JOHN DEERE OWNER 2.280% 5/16/22$1 PV ON 3843.8800 0.0000 0.000000 3,843.88 0.00 0.00 SHARES DUE 6/15/2020$0.00190/PV ON 2,023,097.86 PV DUE 6/15/20 06/15/2020 47788CAC6 INTEREST EARNED ON JOHN DEERE OWNER 2.660% 4/18/22$1 PV ON 1464.9400 0.0000 0.000000 1,464.94 0.00 0.00 SHARES DUE 6/15/2020$0.00222/PV ON 660,876.02 PV DUE 6/15/20 06/15/2020 47789JAB2 INTEREST EARNED ON JOHN DEERE OWNER 2.850% 12/15/21 $1 PV ON 3141.9300 0.0000 0.000000 3,141.93 0.00 0.00 SHARES DUE 6/15/2020$0.00237/PV ON 1,322,916.67 PV DUE 6/15/20 4 of 7 U.S. Bank Transaction History June 2020 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 06/15/2020 47788EAC2 INTEREST EARNED ON JOHN DEERE OWNER 3.080%11/15/22$1 PV ON 9779.8300 0.0000 0.000000 9,779.83 0.00 0.00 SHARES DUE 6/15/2020$0.00257/PV ON 3,810,324.34 PV DUE 6/15/20 06/15/2020 58770FAC6 INTEREST EARNED ON MERCEDES BENZ AUTO 1.840% 12/15/22$1 PV ON 3143.3300 0.0000 0.000000 3,143.33 0.00 0.00 SHARES DUE 6/15/2020$0.00153/PV ON 2,050,000.00 PV DUE 6/15/20 06/15/2020 65478GAD2 INTEREST EARNED ON NISSAN AUTO 1.750%10/15/21 $1 PV ON 1203.4600 0.0000 0.000000 1,203.46 0.00 0.00 SHARES DUE 6/15/2020$0.00146/PV ON 825,227.28 PV DUE 6/15/20 06/15/2020 65479JAD5 INTEREST EARNED ON NISSAN AUTO 1.930% 7/15/24$1 PV ON 6730.8700 0.0000 0.000000 6,730.87 0.00 0.00 SHARES DUE 6/15/2020$0.00161/PV ON 4,185,000.00 PV DUE 6/15/20 06/15/2020 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 6/15/2020$0.00255/PV ON 3,560,000.00 PV DUE 6/15/20 06/15/2020 89239AAB9 INTEREST EARNED ON TOYOTA AUTO 2.830% 10/15/21 $1 PV ON 3382.2700 0.0000 0.000000 3,382.27 0.00 0.00 SHARES DUE 6/15/2020$0.00236/PV ON 1,434,178.71 PV DUE 6/15/20 06/18/2020 43814PAC4 INTEREST EARNED ON HONDA AUTO 1.790% 9/20/21 $1 PV ON 1282.2400 0.0000 0.000000 1,282.24 0.00 0.00 SHARES DUE 6/18/2020$0.00149/PV ON 859,600.49 PV DUE 6/18/20 06/18/2020 43814WAB1 INTEREST EARNED ON HONDA AUTO 2.750% 9/20/21 $1 PV ON 4756.0100 0.0000 0.000000 4,756.01 0.00 0.00 SHARES DUE 6/18/2020$0.00229/PV ON 2,075,349.82 PV DUE 6/18/20 06/18/2020 43814UAG4 INTEREST EARNED ON HONDA AUTO 3.010% 5/18/22$1 PV ON 3497.3000 0.0000 0.000000 3,497.30 0.00 0.00 SHARES DUE 6/18/2020$0.00251/PV ON 1,394,270.40 PV DUE 6/18/20 06/19/2020 3137EAEN5 INTEREST EARNED ON F H L M C 2.750% 6/19/23$1 PV ON 10000000.0000 0.0000 0.000000 137,500.00 0.00 0.00 SHARES DUE 6/19/2020 06/22/2020 3135GOU35 INTEREST EARNED ON F N M A 2.750% 6/22/21 $1 PV ON 7500000.0000 0.0000 0.000000 103,125.00 0.00 0.00 SHARES DUE 6/22/2020 06/22/2020 3135GOD75 INTEREST EARNED ON F N M A DEB 1.500% 6/22/20$1 PV ON 5000000.0000 0.0000 0.000000 37,500.00 0.00 0.00 SHARES DUE 6/22/2020 06/22/2020 36225CAZ9 INTEREST EARNED ON G N M A 1 1#080023 3.125% 12/20/26$1 PV ON 35.2500 0.0000 0.000000 35.25 0.00 0.00 SHARES DUE 6/20/2020 MAY GNMA DUE 6/20/20 06/22/2020 36225CC20 INTEREST EARNED ON G N M A 1 1#080088 3.875% 6/20/27$1 PV ON 36.5800 SHARES 0.0000 0.000000 36.58 0.00 0.00 DUE 6/20/2020 MAY GNMA DUE 6/20/20 06/22/2020 36225CNM4 INTEREST EARNED ON G N M A 1 1#080395 3.875% 4/20/30$1 PV ON 17.8300 SHARES 0.0000 0.000000 17.83 0.00 0.00 DUE 6/20/2020 MAY GNMA DUE 6/20/20 06/22/2020 36225CN28 INTEREST EARNED ON G N M A 1 1#080408 3.875% 5/20/30$1 PV ON 139.3000 0.0000 0.000000 139.30 0.00 0.00 SHARES DUE 6/20/2020 MAY GNMA DUE 6/20/20 06/22/2020 36225DCB8 INTEREST EARNED ON G N M A 1 1#080965 3.250% 7/20/34$1 PV ON 105.1800 0.0000 0.000000 105.18 0.00 0.00 SHARES DUE 6/20/2020 MAY GNMA DUE 6/20/20 06/22/2020 43815HAC1 INTEREST EARNED ON HONDA AUTO 2.950% 8/22/22$1 PV ON 8427.4300 0.0000 0.000000 8,427.43 0.00 0.00 SHARES DUE 6/21/2020$0.00246/PV ON 3,428,104.68 PV DUE 6/21/20 06/23/2020 459058FH1 PAID ACCRUED INTEREST ON PURCHASE OF INTL BK 1.375% 5/24/21 0.0000 0.000000 -1,108.44 0.00 0.00 06/24/2020 166764AH3 INTEREST EARNED ON CHEVRON CORP 3.191% 6/24/23$1 PV ON 3500000.0000 0.0000 0.000000 55,842.50 0.00 0.00 SHARES DUE 6/24/2020 06/25/2020 03215PFN4 INTEREST EARNED ON AMRESCO 1.10821% 6/25/29$1 PV ON 109.9200 0.0000 0.000000 109.92 0.00 0.00 SHARES DUE 6/25/2020$0.00092/PV ON 119,021.64 PV DUE 6/25/20 5 of 7 U.S. Bank Transaction History June 2020 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 06/25/2020 31394JY35 INTEREST EARNED ON F H L M C MLTCL MTG 6.500% 9/25/43$1 PV ON 3349.0500 0.0000 0.000000 3,349.05 0.00 0.00 SHARES DUE 6/25/2020$0.00542/PV ON 618,285.88 PV DUE 6/25/20 06/25/2020 31371NUC7 INTEREST EARNED ON F N M A#257179 4.500% 4/01/28$1 PV ON 47.6100 SHARES 0.0000 0.000000 47.61 0.00 0.00 DUE 6/25/2020 MAY FNMA DUE 6/25/20 06/25/2020 31376KT22 INTEREST EARNED ON F N M A#357969 5.000% 9/01/35$1 PV ON 356.9900 0.0000 0.000000 356.99 0.00 0.00 SHARES DUE 6/25/2020 MAY FNMA DUE 6/25/20 06/25/2020 31381PDA3 INTEREST EARNED ON F N M A#466397 3.400% 11/01/20$1 PV ON 970.3300 0.0000 0.000000 970.33 0.00 0.00 SHARES DUE 6/25/2020 MAY FNMA DUE 6/25/20 06/25/2020 31403DJZ3 INTEREST EARNED ON F N M A#745580 5.000% 6/01/36$1 PV ON 339.5900 0.0000 0.000000 339.59 0.00 0.00 SHARES DUE 6/25/2020 MAY FNMA DUE 6/25/20 06/25/2020 31403GXF4 INTEREST EARNED ON F N M A#748678 5.000% 10/01/33$1 PV ON 7.1200 SHARES 0.0000 0.000000 7.12 0.00 0.00 DUE 6/25/2020 MAY FNMA DUE 6/25/20 06/25/2020 31406PQY8 INTEREST EARNED ON F N M A#815971 5.000% 3/01/35$1 PV ON 541.9600 0.0000 0.000000 541.96 0.00 0.00 SHARES DUE 6/25/2020 MAY FNMA DUE 6/25/20 06/25/2020 31406XWT5 INTEREST EARNED ON F N M A#823358 3.674% 2/01/35$1 PV ON 291.1700 0.0000 0.000000 291.17 0.00 0.00 SHARES DUE 6/25/2020 MAY FNMA DUE 6/25/20 06/25/2020 31407BXH7 INTEREST EARNED ON F N M A#826080 5.000% 7/01/35$1 PV ON 68.6000 SHARES 0.0000 0.000000 68.60 0.00 0.00 DUE 6/25/2020 MAY FNMA DUE 6/25/20 06/25/2020 31410F4V4 INTEREST EARNED ON F N M A#888336 5.000% 7/01/36$1 PV ON 665.7200 0.0000 0.000000 665.72 0.00 0.00 SHARES DUE 6/25/2020 MAY FNMA DUE 6/25/20 06/25/2020 3138EG6F6 INTEREST EARNED ON F N M A#AL0869 4.500% 6/01/29$1 PV ON 32.3000 SHARES 0.0000 0.000000 32.30 0.00 0.00 DUE 6/25/2020 MAY FNMA DUE 6/25/20 06/25/2020 31417YAY3 INTEREST EARNED ON F N M A#MA0022 4.500% 4/01/29$1 PV ON 51.9500 SHARES 0.0000 0.000000 51.95 0.00 0.00 DUE 6/25/2020 MAY FNMA DUE 6/25/20 06/25/2020 31397QREO INTEREST EARNED ON F N M A GTD REMIC 2.472% 2/25/41 $1 PV ON 114.5000 0.0000 0.000000 114.50 0.00 0.00 SHARES DUE 6/25/2020$0.00071/PV ON 161,986.74 PV DUE 6/25/20 06/25/2020 438516CBO PAID ACCRUED INTEREST ON PURCHASE OF HONEYWELL 1.350% 6/01/25 0.0000 0.000000 -6,937.50 0.00 0.00 06/26/2020 912828WUO BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY-37856.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 DECREASE TO ADJUST FOR CHANGE IN CPI 06/26/2020 912828WUO FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY-37856.00 UNITS 0.0000 0.000000 0.00 -37,856.00 0.00 DECREASE TO ADJUST FOR CHANGE IN CPI 06/26/2020 89233GFSO INTEREST EARNED ON TOYOTA MOTOR CREDIT CO C P 6/26/20$1 PV ON 0.0000 0.000000 21,852.94 0.00 0.00 11800000.0000 SHARES DUE 6/26/2020 11,800,000 PAR VALUE AT 100% 06/26/2020 89233GFSO INTEREST EARNED ON TOYOTA MOTOR CREDIT CO C P 6/26/20$1 PV ON 0.0000 0.000000 6,305.87 0.00 0.00 3405000.0000 SHARES DUE 6/26/2020 3,405,000 PAR VALUE AT 100% 06/26/2020 931142EK5 INTEREST EARNED ON WALMART INC 3.400% 6/26/23$1 PV ON 3880000.0000 0.0000 0.000000 65,960.00 0.00 0.00 SHARES DUE 6/26/2020 06/26/2020 912828WUO PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY-37856.0000 -37,856.0000 0.000000 0.00 0.00 0.00 UNITS DECREASE TO ADJUST FOR CHANGE IN CPI 06/26/2020 912828WUO STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY-37856.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 DECREASE TO ADJUST FOR CHANGE IN CPI 6 of 7 U.S. Bank Transaction History June 2020 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 06/29/2020 02665WCZ2 INTEREST EARNED ON AMERICAN HONDA MTN 2.400% 6/27/24$1 PV ON 0.0000 0.000000 14,628.00 0.00 0.00 1219000.0000 SHARES DUE 6/29/2020 06/30/2020 CASH DISBURSEMENT PAID TO BANC OF CALIFORNIA OUTGOING DOMESTIC WIRE 0.0000 0.000000 -15,000,000.00 0.00 0.00 PER DIR DTD 6/25/2020 06/30/2020 9127962X6 INTEREST EARNED ON U S TREASURY BILL 6/30/20$1 PV ON 5000000.0000 0.0000 0.000000 413.19 0.00 0.00 SHARES DUE 6/30/2020 5,000,000 PAR VALUE AT 100% 06/30/2020 912828XH8 INTEREST EARNED ON U S TREASURY NT 1.625% 6/30/20$1 PV ON 5000000.0000 0.0000 0.000000 40,625.00 0.00 0.00 SHARES DUE 6/30/2020 06/30/2020 912828XW5 INTEREST EARNED ON U S TREASURY NT 1.750% 6/30/22$1 PV ON 5000000.0000 0.0000 0.000000 43,750.00 0.00 0.00 SHARES DUE 6/30/2020 06/30/2020 912828VJ6 INTEREST EARNED ON U S TREASURY NT 1.875% 6/30/20$1 PV ON 15000000.0000 0.0000 0.000000 140,625.00 0.00 0.00 SHARES DUE 6/30/2020 06/30/2020 912828XX3 INTEREST EARNED ON U S TREASURY NT 2.000% 6/30/24$1 PV ON 5000000.0000 0.0000 0.000000 50,000.00 0.00 0.00 SHARES DUE 6/30/2020 06/30/2020 912828N30 INTEREST EARNED ON U S TREASURY NT 2.125% 12/31/22$1 PV ON 5000000.0000 0.0000 0.000000 53,125.00 0.00 0.00 SHARES DUE 6/30/2020 06/30/2020 912828XY1 INTEREST EARNED ON U S TREASURY NT 2.500% 6/30/20$1 PV ON 11000000.0000 0.0000 0.000000 137,500.00 0.00 0.00 SHARES DUE 6/30/2020 TOTAL OTHER TRANSACTIONS -73,840.0000 -12,844,210.40 -73,840.00 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 #: 2020-1129 Agenda Date: 7/22/2020 Agenda Item No: 3. 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 March 9, 2020 B. Minutes of the Steering Committee Meeting held May 27, 2020 C. Minutes of the Operations Committee Meeting held June 3, 2020 D. Minutes of the Administration Committee Meeting held June 10, 2020 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 19-19 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) may 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 7/15/2020 powered by LegistarTM Orange County Sanitation District °Njv SANITgr/ Monday, March 9, 2020 Minutes for the = 12:00 PM LEGISLATIVE AND PUBLIC Board Room AFFAIRS COMMITTEE o Administration Building 10844 Ellis Avenue 9 Fountain Valley, CA 92708 o (714) 593-7433 `� 10 THE Wk CALL TO ORDER A meeting of the Legislative and Public Affairs Committee was called to order by Committee Chair Peter Kim on Monday, March 9, 2020 at 12:02 p.m. in the Administration Building of the Orange County Sanitation District. Committee Chair Kim led the pledge of allegiance. DECLARATION OF QUORUM: A quorum was declared present, as follows: PRESENT: Peter Kim, Allan Bernstein, Lucille Kring, Erik Peterson, Christina Shea, David Shawver and John Withers ABSENT: None Jim Herberg, General Manager; Robert Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Celia Chandler, Director of Human Resources; Kelly Lore, Clerk of the Board; Jennifer Cabral; Tanya Chong; Daisy Covarrubias; Brian Engeln; Rebecca Long; Kelly Newell; Wally Ritchie; and Ruth Zintzun. OTHERS PRESENT: Brad Hogin, General Counsel; Eric Sapirstein, ENS Resources (via teleconference); Eric O'Donnell, Townsend Public Affairs (TPA); Cori Williams, Townsend Public Affairs (TPA); and Jon Barilone and Ryder Smith (Tripepi Smith). PUBLIC COMMENTS: None. REPORTS: General Manager Jim Herberg provided an update to the Committee on the recent steps that OCSD has taken in light of the Coronavirus. CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2020-895 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Page 1 of 4 LEGISLATIVE AND PUBLIC Minutes March 9, 2020 AFFAIRS COMMITTEE Approve Minutes of the Regular Meeting of the Legislative and Public Affairs Committee held February 10, 2020. AYES: Peter Kim, Lucille Kring, Erik Peterson, Christina Shea, David Shawver and John Withers NOES: None ABSENT: Allan Bernstein ABSTENTIONS: None NON-CONSENT: Chair Kim stated that staff requested that Item No. 7 be moved forward. 7. COMMUNICATIONS AUDIT REPORT 2020-949 Originator: Jim Herberg Administration Manager Jennifer Cabral introduced Jon Barilone and Ryder Smith from Tripepi Smith who provided an informative PowerPoint presentation regarding the Communication Audit that was recently conducted. WITHOUT OBJECTION ORDERED TO: Recommend to the Board of Directors to: Receive and file the Communications Audit Report. 2. ORANGE COUNTY SANITATION DISTRICT'S MEMBERSHIPS 2019-784 Originator: Jim Herberg Mr. Herberg provided a brief verbal presentation of the current agency memberships. WITHOUT OBJECTION ORDERED TO: Receive and file the report. Committee Vice-Chair Bernstein arrived at the meeting at 12:27 p.m. 3. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2020 2020-936 Originator: Jim Herberg Principal Public Affairs Specialist Daisy Covarrubias distributed "The Neighborhood Connection". Ms. Cabral stated that OCSD will begin advertising in the "OC Register" in April 2020. WITHOUT OBJECTION ORDERED TO: Recommend to the Board of Directors to: Page 2 of 4 LEGISLATIVE AND PUBLIC Minutes March 9, 2020 AFFAIRS COMMITTEE Receive and file the Public Affairs Update for the month of February 2020. 4. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2020-940 2020 Originator: Jim Herberg Senior Public Affairs Specialist Rebecca Long provided an update on her recent visit to Washington, DC for the CASA conference. Eric Sapirstein, ENS Resources, provided an update on key legislative activities including: PFAS and flushable wipes, budget and appropriations, and permit terms and infrastructure. Mr. Sapirstein played a video clip presentation from the US EPA regarding the Water Reuse action plan. Cori Williams and Eric O'Donnell, TPA, provided a PowerPoint presentation regarding the current legislative schedule; Governor's State of the State address; and provided information regarding AB 1672 (Bloom) - Flushable wipes, SB 931 , AB 2560 (Quirk) - State Board, SB 996 (Portantino), and SB 1056 (Portantino). Staff announced that the Chair and Vice-Chair, along with staff, will be travelling to Sacramento on March 31 st for an Advocacy Day. WITHOUT OBJECTION ORDERED TO: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of February 2020. Board Vice-Chair Withers departed the meeting at 1:00 p.m. 5. OPPOSE ASSEMBLY BILL 2093 2020-941 Originator: Jim Herberg MOVED, SECONDED, AND DULY CARRIED TO: Approve letter opposing Assembly Bill (AB) 2093 - Public Records: Writing Transmitted by Electronic Mail: Retention (Gloria). AYES: Peter Kim, Allan Bernstein, Lucille Kring, Erik Peterson, Christina Shea and David Shawver NOES: None ABSENT: John Withers ABSTENTIONS: None 6. LETTER OF SUPPORT FOR THE WATER INFRASTRUCTURE 2020-942 IMPROVEMENTS FOR THE NATION ACT Originator: Jim Herberg Page 3 of 4 LEGISLATIVE AND PUBLIC Minutes March 9, 2020 AFFAIRS COMMITTEE MOVED, SECONDED, AND DULY CARRIED TO: Approve the Letter of Support for Water Infrastructure Improvements for the Nation Act (WIIN). AYES: Peter Kim, Allan Bernstein, Lucille Kring, Erik Peterson, Christina Shea and David Shawver NOES: None ABSENT: John Withers ABSTENTIONS: None INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: 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 1:12 p.m. to the next Legislative and Public Affairs Committee meeting, Monday, April 13, 2020 at 3:30 p.m. Sub itted by: Ke y A. re, MMC CI rk of e Board Page 4 of 4 Orange County Sanitation District JN1v SANIrgT�o Wednesday, May 27, 2020 Minutes for the 2 �aN 5:00 PM STEERING COMMITTEE Board Room Administration Building 10844 Ellis Avenue 9 = Fountain Valley, CA 92708 or�cr/HG Nv\Po��� (714) 593-7433 ree E CALL TO ORDER A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman David Shawver on Wednesday, May 27, 2020 at 5.00 p.m. in the Administration Building of the Orange County Sanitation District. The Clerk of the Board stated that the meeting was being held telephonically and via audio/video teleconferencing in accordance with the Governor's Executive Order No. N-29-20, due to the Coronavirus Pandemic (COVID-19) and announced the teleconference meeting guidelines and stated that votes will be taken by roll call. ROLL CALL AND DECLARATION OF QUORUM: A quorum was declared present, as follows: PRESENT: David Shawver, John Withers, Robert Collacott, Peter Kim, Glenn Parker, Tim Shaw and Chad Wanke ABSENT: None STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board; Al Garcia, and Josh Martinez were present in the Board Room; Assistant General Manager Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy Millea, Director of Environmental Services Lan Wiborg, Tom Grant, and Tina Knapp participated telephonically. OTHERS PRESENT: Brad Hogin (General Counsel) was present in the Board Room. PUBLIC COMMENTS: None. REPORTS: Chair Shawver stated that the June Operations and Administration Committee meetings will be held on their regular date and time and will continue to take place remotely. There is no Legislative and Public Affairs Committee meeting scheduled for June. Chair Shawver stated that the COVID-19 pandemic has created a very stressful and financial hardship for Orange County. He requested that, if financially feasible, OCSD possibly provide relief for our ratepayers by delaying the scheduled July 1st, 1.2 percent increase rate adjustment for one year. He requested that staff review the potential impact and ability of Page 1 of 3 STEERING COMMITTEE Minutes May 27, 2020 delaying the upcoming rate adjustment and return to the Board of Directors with the information. CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2020-1053 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Steering Committee held April 22, 2020. AYES: David Shawver, John Withers, Robert Collacott, Peter Kim, Glenn Parker, Tim Shaw and Chad Wanke NOES: None ABSENT: None ABSTENTIONS: None NON-CONSENT: None. INFORMATION ITEMS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4): The Committee convened in closed session at 5:10 p.m. to discuss one item. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Section and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED 2020-970 LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) CONVENED IN CLOSED SESSION: Item Heard Number of Potential Cases: 1 Initiation of litigation regarding development fees and conditions on the Orange County Sanitation District's new Headquarters Building project: City of Fountain Valley. Page 2 of 3 STEERING COMMITTEE Minutes May 27, 2020 RECONVENED IN REGULAR SESSION. The Committee reconvened in regular session at 5:40 p.m. 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: Board Chair Shawver requested that Item CS-1 be placed again on the next agenda. ADJOURNMENT: Chair Shawver declared the meeting adjourned at 5:45 p.m. to the next Steering Committee meeting to be held on Wednesday, June 24, 2020 at 5:00 p.m. Submitted by: V � Kell A. l_c> ., MIMC Cleo,, of tl;e Board Page 3 of 3 Orange County Sanitation District oNtV SAN,TAr�o Wednesday, June 3, 2020 Minutes for the °° "0 5:00 PM OPERATIONS COMMITTEE Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A regular meeting of the Operations Committee was called to order by Committee Chair Bob Collacott on Wednesday, June 3, 2020 at 5:00 p.m. in the Administration Building of the Orange County Sanitation District. Chair Collacott stated that the meeting was being held telephonically and via audio/video teleconferencing in accordance with the Governor's Executive Order No. N-29-20, due to the Coronavirus Pandemic (COVID-19). Chair Collacott led the Flag Salute. The Clerk of the Board announced the teleconference meeting guidelines and stated that votes will be taken by roll call ROLL CALL AND DECLARATION OF QUORUM: Roll call was taken and a quorum was declared present, as follows: PRESENT: Robert Collacott, Mariellen Yarc. Allan Bernstein. Doug Chaffee. Brooke Jones. Lucille Kring, Sandra Massa-Lavitt. Jesus Silva, Fred Smith, David Shawver and John Withers ABSENT: Brad Avery and Steve Jones STAFF PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board: Al Garcia. and Brian Engeln were present in the Board Room, 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: Jennifer Cabral; Dean Fisher; Tom Grant: Brad Hamilton,.Tina Knapp, Jeff Mohr: and Wally Ritchie were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel was present in the Board Room. PUBLIC COMMENTS: None, REPORTS: Neither Chair Collacott or General Manager Jim Herberg provided a report. Page 1 of 6 OPERATIONS COMMITTEE Minutes June 3, 2020 CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2020-1086 Originator: Kelly Lore MOVED, SECONDED. AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Operations Committee held on May 6, 2020 AYES: Robert Collacott, Mariellen Yarc, Allan Bernstein, Doug Chaffee, Brooke Jones. Lucille Kring, Sandra Massa-Lavitt, Tim Shaw, Jesus Silva, Fred Smith and John Withers NOES: None ABSENT: Brad Avery. Steve Jones and David Shawver ABSTENTIONS: None 2. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE 2020-1008 REPORT Originator: Kathy Millea This item was pulled and heard separately. Questions regarding contingency increases and change orders with projects P1-101 . P1-110 & P2-92 were responded to by Director of Engineering Kathy Millea. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Capital Improvement Program Contract Performance Report for the period ending March 31, 2020. AYES: Robert Collacott, Mariellen Yarc. Allan Bernstein, Doug Chaffee, Brooke Jones, Lucille Kring, Sandra Massa-Lavitt, Tim Shaw. Jesus Silva, Fred Smith and John Withers NOES: None ABSENT: Brad Avery, Steve Jones and David Shawver ABSTENTIONS: None 3. TOSHIBA 12KV CIRCUIT BREAKER PURCHASE 2020-1044 Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO Recommend to the Board of Directors to: Page 2 of 6 OPERATIONS COMMITTEE Minutes June 3, 2020 A. Award a Purchase Order Contract to Superior Electric Motor Services for the purchase of eight Toshiba HVK 12kV circuit breakers for Plant No. 1 Electrical Distribution System, per Specification No. E-2020-1162BD, for a total amount not to exceed $195,072, including sales tax and freight; and B. Approve a contingency of $9,754 (5%). AYES: Robert Collacott. Mariellen Yarc. Allan Bernstein, Doug Chaffee, Brooke Jones. Lucille Kring, Sandra Massa-Lavitt, Tim Shaw, Jesus Silva, Fred Smith and John Withers NOES: None ABSENT: Brad Avery, Steve Jones and David Shawver ABSTENTIONS: None 4. 12KV DISTRIBUTION CENTER B AND EAST RAS PUMP STATION 2020-1077 ROOFING REPLACEMENT, PROJECT NO. FE18-19R Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Receive and file Bid Tabulations and Recommendation for O'Connell Engineering & Construction. Inc. for 12kV Distribution Center B and East RAS Pump Station Roofing Replacement, Project No. FE18-19R. B. Award a Construction Contract to O'Connell Engineering & Construction. Inc. for 12kV Distribution Center B and East RAS Pump Station Roofing Replacement, Project No. FE18-19R. for a total amount not to exceed $674,800; and C. Approve a contingency of $67,480 (10%). AYES: Robert Collacott. Mariellen Yarc, Allan Bernstein, Doug Chaffee, Brooke Jones, Lucille Kring, Sandra Massa-Lavitt, Tim Shaw. Jesus Silva, Fred Smith and John Withers NOES: None ABSENT: Brad Avery, Steve Jones and David Shawver ABSTENTIONS: None NON-CONSENT: 5. HEADQUARTERS COMPLEX SITE PREPARATION, PROJECT NO. 2020-1032 P1-128C Originator: Kathy Millea Ms. Millea provided a brief description of this item and responded to questions regarding CEQA changes. Page 3 of 6 OPERATIONS COMMITTEE Minutes June 3. 2020 MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Consider the Fountain Valley Crossings Specific Plan Program Environmental Impact Report (State Clearinghouse No. 2015101042) that evaluated the total buildout of the Specific Plan area with a goal of revitalizing the existing light industrial use,- B. Consider, receive, and file the Initial Study/Addendum for the Administrative Headquarters Building. Project for P1-128, dated December 2019 to the City of Fountain Valley's Program Environmental Impact Report for the Fountain Valley Crossings Specific Plan to demolish five warehouse buildings, construct and operate an administrative headquarters building, pedestrian bridge. signage, landscaping. lighting. and surface parking lot in the City of Fountain Valley.- C. Receive and file Bid Tabulation and Recommendation for Headquarters Complex Site Preparation. Project No. P1-128C: D. Accept the formal bid withdrawal request received on March 13, 2020 from the initial lowest bidder. Interior Demolition, Inc., E. Reject the bid from the second apparent low bidder AMPCO North. Inc. as non-responsive: F Award a Demolition Contract to Resource Environmental. Inc. for Headquarters Complex Site Preparation. Project No P1-128C. for a total amount not to exceed $1,555.000; and G. Approve a contingency of $155,500 (10%). AYES: Robert Collacott, Mariellen Yarc, Allan Bernstein, Doug Chaffee, Brooke Jones, Lucille Kring, Sandra Massa-Lavitt, Tim Shaw. Jesus Silva, Fred Smith. David Shawver and John Withers NOES: None ABSENT: Brad Avery and Steve Jones ABSTENTIONS: None 6. HEADQUARTERS COMPLEX SITE PREPARATION, PROJECT NO. 2020-1033 P1-128C Originator: Kathy Millea Assistant General Manager Rob Thompson provided a brief introduction to this Item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Page 4 of 6 OPERATIONS COMMITTEE Minutes June 3. 2020 A. Approve a Professional Construction Services Agreement with HDR, Inc. to provide construction support services for Headquarters Complex Site Preparation, Project No. P1-128C, for a total amount not to exceed $178,000; and B Approve a contingency of $17.800 (10%). AYES: Robert Collacott, Mariellen Yarc. Allan Bernstein, Doug Chaffee, Brooke Jones. Lucille Kring, Sandra Massa-Lavitt, Tim Shaw, Jesus Silva. Fred Smith, David Shawver and John Withers NOES: None ABSENT: Brad Avery and Steve Jones ABSTENTIONS: None INFORMATION ITEMS: 7. FY 2020-21 & FY 2021-22 BUDGET PRESENTATION 2020-1067 Originator: Lorenzo Tyner Assistant General Manager Lorenzo Tyner introduced this Item. Controller Wally Ritchie provided an informative PowerPoint presentation of the FY 2020-21 & FY 2021-22 Budget including: revenues and outlays: user fee and property tax revenues; proposed operating expense summary focusing on salaries and benefits. contractual services. repairs and maintenance, operating materials and supplies. and utilities: departmental operating summaries: CIP program: and future debt service. Mr. Ritchie noted that the current proposed budget does not include the potential rate freeze, proposed by the Board Chairman, that will be presented to the Administration Committee on June 10. ITEM RECEIVED AS AN: Information Item. DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. Page 5 of 6 OPERATIONS COMMITTEE Minutes June 3, 2020 BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Collacott declared the meeting adjourned at 5A2 p.m. to the meeting to be held on Wednesday. July 1. 2020 at 5:00 p.m. Submitted by.- K4 A. Vore. MMC Clerk of e Board Page 6 of 6 Orange County Sanitation District v�IN SANirgT�o Wednesday, June 10, 2020 Minutes for the 722� do 5:00 PM ADMINISTRATION COMMITTEE Board Room p Administration Building 10844 Ellis Avenue 9 z Fountain Valley, CA 92708 oT �� (714) 593-7433 FAT/NG THE ENv��° CALL TO ORDER A regular meeting of the Administration Committee was called to order by Committee Chair Chad Wanke on Wednesday, June 10, 2020 at 5:02 p.m. in the Administration Building of the Orange County Sanitation District. Chair Wanke stated that the meeting was being held telephonically and via audio/video teleconferencing in accordance with the Governor's Executive Order No. N-29-20, due to the Coronavirus Pandemic (COVID-19). Alternate Director Penaloza led the Flag Salute. The Clerk of the Board announced the teleconference meeting guidelines and stated that votes will be taken by roll call. ROLL CALL & DECLARATION OF QUORUM: Roll call was taken and a quorum was declared present, as follows: PRESENT: Chad Wanke, Richard Murphy, James Ferryman, Peter Kim, Mark Murphy, Andrew Nguyen, Glenn Parker, Christina Shea, David Shawver and John Withers ABSENT: Steve Nagel and Erik Peterson STAFF PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board; and Brian Engeln were present in the Board Room. 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; Jennifer Cabral; Thys Devries; Brad Hamilton; Tina Knapp; Laura Maravilla; Rob Michaels; John Preston; and Wally Ritchie were in attendance telephonically. OTHERS PRESENT: Brad Hogin, General Counsel was present in the Board Room; Dennis Mulqueeney (Alliant Insurance); Mitch Barker and Hoody Fritz (PARS) were in attendance telephonically. PUBLIC COMMENTS: There were no public comments received. The Clerk of the Board stated that she received Late Communication from Assistant General Manager Lorenzo Tyner regarding a change to the proposed dollar amount of the recommendation in Item No. 7 which was forwarded to the Committee and made available to the public. Page 1 of 7 ADMINISTRATION Minutes June 10, 2020 COMMITTEE REPORTS: Chair Wanke did not provide a report. General Manager Jim Herberg provided a brief COVID-19 update and indicated his weekly written update to the Board of Directors would be emailed by the end of the week. CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2020-1019 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Administration Committee held May 13, 2020. AYES: Chad Wanke, Peter Kim, Mark Murphy, Andrew Nguyen, Glenn Parker, David Shawver and John Withers NOES: None ABSENT: Richard Murphy, James Ferryman, Steve Nagel, Erik Peterson and Christina Shea ABSTENTIONS: None RECUSED: David Penaloza (Alternate) 2. ENVIRONMENTAL REGULATORY REPORTS 2020-1006 Originator: Lan Wiborg MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file environmental regulatory reports: Biosolids Management Compliance Report 2019; Annual Pretreatment Program Report Fiscal Year 2018-2019; Semi-Annual Pretreatment Program Report Fiscal Year 2019-2020 (July-December); Annual Greenhouse Gas Emissions Report 2019; Annual Emission Report 2019; and Marine Monitoring Annual Report 2018/2019. AYES: Chad Wanke, Peter Kim, Mark Murphy, Andrew Nguyen, Glenn Parker, David Penaloza (Alternate), David Shawver and John Withers NOES: None ABSENT: Richard Murphy, James Ferryman, Steve Nagel, Erik Peterson and Christina Shea ABSTENTIONS: None Page 2 of 7 ADMINISTRATION Minutes June 10, 2020 COMMITTEE 3. COMPLETE FIELD INSTRUMENT CALIBRATION SOLUTION 2020-1048 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Award a Professional Services Agreement to Beamex, Inc. to provide Instrumentation Data Management Services, Specification No. CS-2020-1102, for a total amount not to exceed $257,714; B. Award a sole source purchase order for the purchase of instrumentation hardware in an amount not to exceed $259,124; and C. Approve a contingency in the amount of$77,525 (15%) for both procurements. AYES: Chad Wanke, Peter Kim, Mark Murphy, Andrew Nguyen, Glenn Parker, David Penaloza (Alternate), David Shawver and John Withers NOES: None ABSENT: Richard Murphy, James Ferryman, Steve Nagel, Erik Peterson and Christina Shea ABSTENTIONS: None 4. GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2020-21 2020-1061 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Adopt Resolution No. OCSD 20-XX, entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District Establishing the Annual Appropriations Limit for Fiscal Year 2020-21 for the District in accordance with the Provisions of Division 9 of Title 1 of the California Government Code". AYES: Chad Wanke, Peter Kim, Mark Murphy, Andrew Nguyen, Glenn Parker, David Penaloza (Alternate), David Shawver and John Withers NOES: None ABSENT: Richard Murphy, James Ferryman, Steve Nagel, Erik Peterson and Christina Shea ABSTENTIONS: None 5. FY 2020-21 USE CHARGES FOR SANTA ANA WATERSHED 2020-1085 PROJECT AUTHORITY Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Page 3 of 7 ADMINISTRATION Minutes June 10, 2020 COMMITTEE Adopt Resolution No. OCSD 20-XX, entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District Establishing Use Charges for the 2020-21 Fiscal Year Pursuant to the Wastewater Treatment and Disposal Agreement with the Santa Ana Watershed Project Authority (°SAWPA") AYES: Chad Wanke, Peter Kim, Mark Murphy, Andrew Nguyen, Glenn Parker, David Penaloza (Alternate), David Shawver and John Withers NOES: None ABSENT: Richard Murphy, James Ferryman, Steve Nagel, Erik Peterson and Christina Shea ABSTENTIONS: None 6. TRIPLE QUADRUPOLE MASS SPECTROMETER (TAMS) 2020-1087 Originator: Lan Wiborg MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve a purchase order to VWR for a Triple Quadrupole Mass Spectrometer (TQMS) System in the amount of $277,228.34 (including the TQMS system, freight, sales tax, and two (2) year extended warranty) in accordance with Ordinance No. OCSD-52, Section 2.03(B): Cooperative Procurement; (NASPO Value Point Master Agreement No. MA16000234-2 created by the State of Idaho which California (CA) agencies may utilize (CA Participating Addendum No. 7-16-99-26-01)). AYES: Chad Wanke, Peter Kim, Mark Murphy, Andrew Nguyen, Glenn Parker, David Penaloza (Alternate), David Shawver and John Withers NOES: None ABSENT: Richard Murphy, James Ferryman, Steve Nagel, Erik Peterson and Christina Shea ABSTENTIONS: None Directors Jim Ferryman and Christina Shea arrived at the meeting at approximately 5:20 p.m. NON-CONSENT: 7. 2020-21 PROPERTY - LIABILITY INSURANCE RENEWALS 2020-1091 Originator: Lorenzo Tyner Mr. Tyner provided the updated information included in the Late Communication memo stating that some of the numbers have increased due to recent economics, COVID-19, and natural disasters. Mr. Tyner also provided an in-depth explanation of the process of purchasing coverage and the changes to the dollar amounts and responded to questions from the Committee. Director Parker thanked staff for the analysis. Page 4 of 7 ADMINISTRATION Minutes June 10, 2020 COMMITTEE MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve the Orange County Sanitation District FY 2020-21 Property-Liability Insurance Renewals for the not-to-exceed amounts specified below as amended: Property and Boiler & Machinery - Not to Exceed $ 1 ,151,935 Excess General Liability Insurance - Not to Exceed $ 745,336 Excess Workers' Compensation Insurance - Not to Exceed $ 207,000 Earthquake Insurance - Not to Exceed $ 100,000 TOTAL $ 2,204,271 AYES: Chad Wanke, James Ferryman, Peter Kim, Mark Murphy, Andrew Nguyen, Glenn Parker, David Penaloza (Alternate), Christina Shea, David Shawver and John Withers NOES: None ABSENT: Richard Murphy, Steve Nagel and Erik Peterson ABSTENTIONS: None 8. PROPOSED FY 2020-21 AND FY 2021-22 BUDGET 2020-1068 Originator: Lorenzo Tyner Mr. Tyner stated that over the last six months the Committee has received information regarding the budget. He requested that, prior to voting on this item, the Committee hear Item No. 9 regarding a User Fee Rate Adjustment requested by Board Chairman Shawver. Mr. Tyner then introduced Controller Wally Ritchie who provided an informative PowerPoint presentation on the Proposed Budget Summary for FY 2020-21 and 2021-22. Mr. Tyner proceeded to present Item No. 9 which was requested by the Board Chair due to the financial pressure and impacts of COVID-19 on the County. He stated that foregoing the FY 2020-21 rate adjustment, that is scheduled to begin on July 1 , 2020, would result in a $71 million loss in revenue that could be mitigated by adjustments in the OCSD Debt Program. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve and amend the 2020-21 proposed budget below; foregoing the scheduled FY 2020-21 rate increase adjustment that is scheduled to begin on July 1, 2020. Page 5 of 7 ADMINISTRATION Minutes June 10, 2020 COMMITTEE Approve the proposed Operating, Capital, Debt Service, and Self-Insurance Budgets for FY 2020-21 and FY 2021-22 as follows: FY 2020-21 FY 2021-22 Net Operating $ 173,910,516 $ 174,065,159 Self-Insurance - Workers' Comp $ 780,000 $ 800,000 Self-Insurance - Property & Gen. Liability $ 1,630,000 $ 1,680,000 Net Capital Improvement Program $ 147,562,000 $ 240,846,000 Debt/COP Service(1) $ 72,838,369 $ 240,591,869 Intra-District Joint Equity Purchase/Sale(2) $ 3,500,000 $ 3,500,000 Total $ 400,220,885 $ 661,483,028 .(1)-Includes $173,855,000 in maturing and callable debt (2)-Cash to/from Revenue Area 14 (RA14) in exchange for capital assets to/from Consolidated Revenue Area 15 (RA15) AYES: Chad Wanke, James Ferryman, Peter Kim, Mark Murphy, Andrew Nguyen, David Shawver and John Withers NOES: Glenn Parker ABSENT: Richard Murphy, Steve Nagel, David Penaloza (Alternate), Erik Peterson and Christina Shea ABSTENTIONS: None Committee Vice-Chair Richard Murphy arrived at the meeting at 5.42 p.m. INFORMATION ITEMS: 9. FY 2020-21 USER FEE RATE ADJUSTMENT 2020-1093 Originator: Lorenzo Tyner ITEM RECEIVED AS AN: Information Item. 10. INTERNAL REVENUE CODE SECTION 115 TRUST PENSION 2020-1096 ACCOUNT Originator: Lorenzo Tyner Mr. Tyner provided a brief explanation of an Internal Revenue Code Section 115 Trust Pension Account and described OCSD's retirement program and other post-employment benefits. He suggested that if the Committee wanted to pursue this matter, the rate of return information for the previous five years of data could be provided for analysis. Page 6 of 7 ADMINISTRATION Minutes June 10, 2020 COMMITTEE Chair Wanke stated that he requested that this information item be brought to the Committee. At his request, representatives from PARS were in attendance at the meeting for questions. Mr. Mitch Barkers and Mr. Hoody Fritz (PARS), and Mr. Tyner responded to questions from the Committee regarding PARS fee structures and the differences between PARS and OCERS investments. The consensus of the Committee was to direct staff to complete additional research and bring back information. It was suggested to focus on the importance of a business case that would lead to concluding that opening a 115 Trust Pension Account is in OCSD's best interest. ITEM RECEIVED AS AN: Information Item. DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Wanke declared the meeting adjourned at 6:48 p.m. to the Regular meeting to be held on Wednesday, July 8, 2020 at 5:00 p.m. Sub *tted by: a .�4� Kelly A. Lc6k, MMC Clerk of the Board Page 7 of 7 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 #: 2020-1150 Agenda Date: 7/22/2020 Agenda Item No: 4. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2, PROJECT NO. J-127 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Receive and file Bid Tabulation and Recommendation for Natural Gas Pipelines Replacement at Plant Nos. 1 and 2, Project No. J-127; B. Reject the bid from apparent low bidder, Well Anchored Inc., as non-responsive; C. Award a Construction Contract to Innovative Construction Solutions for Natural Gas Pipelines Replacement at Plant Nos. 1 and 2, Project No. J-127, for a total amount not to exceed $745,500; and D. Approve a contingency of $74,550 (10%) BACKGROUND The natural gas systems at Orange County Sanitation District's (Sanitation District) Plant Nos. 1 and 2 feed onsite services including buildings and plant processes, as well as the Central Generation systems which utilize both natural gas and digester gas to produce electric power. Over time, the natural gas piping system has been built, modified, and expanded by various projects. RELEVANT STANDARDS • Maintain a proactive asset management program • Comply with California Public Contract Code Section 20103.8, award construction contract to lowest responsive bidder PROBLEM Recent condition assessments of the current natural gas piping have revealed that some of the metallic piping and risers have reached the end of their useful life due to corrosion. Orange County Sanitation District Page 1 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1150 Agenda Date: 7/22/2020 Agenda Item No: 4. PROPOSED SOLUTION Award a construction contract for replacement of Natural Gas Pipelines Replacement at Plant Nos. 1 and 2, Project J-127. The project will replace approximately 2,000 feet of buried steel pipe and risers. This work will include replacement of defective valve vaults that allow standing water to corrode pipe and valves and will add electrical isolation to wall penetrations to prevent cathodic corrosion. TIMING CONCERNS Delays completing this work could result in significant gas system leaks which might require emergency repairs. RAMIFICATIONS OF NOT TAKING ACTION The natural gas system will continue to degrade causing significant leaks that may require emergency repairs. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The Sanitation District advertised Project No. J-127 for bids on March 10, 2020 and four sealed bids were received on April 30, 2020. A summary of the bid opening follows: Engineer's Estimate $ 607,000 Bidder Amount of Bid Well Anchored Inc. $ 576,000 Innovative Construction Solutions $ 745,500 MMC, Inc. $ 784,551 A.M. Ortega Construction, Inc. $1,251,251 The bids were evaluated in accordance with Sanitation District policies and procedures. The bid documents included a requirement to identify two projects completed in the last five years that included modification of natural gas service construction and purging requirements of a similar nature, scope, and complexity. If two projects had not been completed, bidders were offered the option to list current relevant projects. The Well Anchored Inc. bid failed to identify any projects to address this requirement. In consultation with General Counsel, staff determined that Well Anchored Inc. failed to provide project experience information as required in the Bid Submittal Forms. This deficiency was found uncurable, therefore staff determined the bid was non-responsive. An evaluation of the second apparent low bidder, Innovative Construction Solutions, found them to be Orange County Sanitation District Page 2 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1150 Agenda Date: 7/22/2020 Agenda Item No: 4. both responsive and responsible. A notice was sent to all bidders on May 26, 2020, informing them of the intent of Sanitation District staff to recommend award of the Construction Contract to Innovative Construction Solutions. Staff recommends awarding a construction contract to the lowest responsive, responsible bidder, Innovative Construction Solutions, for a total amount not to exceed $745,500. CEQA The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California Code of Regulations Section 15301 because the project involves repairs, replacement, and or minor alteration of existing facilities involving no expansion of use or capacity. A Notice of Exemption will be filed with the OC Clerk-Recorder after the Sanitation District's Board of Directors approves the Construction Contract. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted, (FY 2020-2021 and 2021-2022, Section 8, Page 41) 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: • J-127 Construction Contract Orange County Sanitation District Page 3 of 3 Printed on 7/15/2020 powered by LegistarTM PART A CONTRACT AGREEMENT C-CA-072619 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..................................................................................9 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10 SECTION - 15 SURETY BONDS ...........................................................................12 SECTION - 16 INSURANCE ..................................................................................13 SECTION - 17 RISK AND INDEMNIFICATION......................................................21 SECTION - 18 TERMINATION...............................................................................21 SECTION - 19 WARRANTY...................................................................................21 SECTION - 20 ASSIGNMENT................................................................................22 SECTION - 21 RESOLUTION OF DISPUTES........................................................22 SECTION - 22 SAFETY & HEALTH.......................................................................22 SECTION - 23 NOTICES .......................................................................................23 C-CA-072619 CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 THIS AGREEMENT is made and entered into, to be effective, this July 22, 2020, by and between Innovative Construction Solutions, 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. C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 1 of 24 1. In the event of a conflict between one Contract Document and any of the other Contract Documents, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract Documents is as follows: a. Supplemental Agreements—the last in time being the first in precedence b. Addenda issued prior to the date for submittal of Bids—the last in time being the first in precedence c. Contract Agreement d. Permits and other regulatory requirements e. Special Provisions f. General Conditions (GC) g. Notice Inviting Bids and Instruction to Bidders h. Geotechnical Baseline Report (GBR), if attached as a Contract Document i. Plans and Specifications— in these documents the order of precedence shall be: i. Specifications (Divisions 01-17) ii. Plans iii. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR's Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: a. Figured dimensions on the Contract Documents shall govern. Dimensions not specified shall be as directed by the ENGINEER. Details not shown or specified shall be the same as similar parts that are shown or specified, or as directed. Full-size details shall take precedence over scale Drawings as to C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 2 of 24 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. C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 3 of 24 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. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 4 of 24 SECTION —4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 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 one hundred eighty (180) 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 seven (7) 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 the various portions of the Work shall be installed or the priority of the work of subcontractors, C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 5 of 24 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-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 6 of 24 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 Seven Hundred Forty-Five Thousand and Five Hundred Dollars ($745,500) 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 C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 7 of 24 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. 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 C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 8 of 24 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." 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. C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 9 of 24 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 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-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 10 of 24 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 (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. C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 11 of 24 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 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: C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 12 of 24 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 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 C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 13 of 24 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: Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Four Million Dollars ($4,000,000)for bodily injury, personal injury and property damage. Coverage shall include each of the following: a. Premises-Operations. b. Products and Completed Operations, with limits of at least Two Million Dollars ($2,000,000) per occurrence and a general aggregate limit of Four Million Dollars ($4,000,000)which shall be in effect at all times during the warranty period set forth in the Warranty section herein, and as set forth in the General Conditions, "Warranty (CONTRACTOR's Guarantee)", plus any additional C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 14 of 24 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. h. If divers will be used, the General Liability insurance will be endorsed to cover marine liability or its equivalent to cover the usage of divers. 2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 15 of 24 Either (1) a combined single limit of One Million Dollars ($1,000,000) and a general aggregate limit of One Million Dollars ($1,000,000) for bodily injury, personal injury and property damage; Or alternatively, (2) One Million Dollars ($1,000,000) per person for bodily injury and One Million Dollars ($1,000,000) 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 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 C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 16 of 24 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. 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-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 17 of 24 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. C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 18 of 24 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-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 19 of 24 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 C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 20 of 24 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement SECTION — 17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep 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 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 C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 21 of 24 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 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 C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 22 of 24 well as these Contract Documents, including but not limited to the General Requirements, Section entitled "Safety" and Exhibit B OCSD Safety Standards. 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: Innovative Construction Solutions 575 Anton Blvd, Suite 850 Costa Mesa, CA 92626 Copy to: Hirad Emadi Innovative Construction Solutions 575 Anton Blvd, Suite 850 Costa Mesa, CA 92626 C-CA-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 23 of 24 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Innovative Construction Solutions 575 Anton Blvd, Suite 850 Costa Mesa, CA 92626 By Printed Name Its CONTRACTOR's State License No. 764815 (Expiration Date — 06/30/2021) 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-072619 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 24 of 24 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 A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract Documents. EXA-2 PROGRESS PAYMENTS Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to: 1. Contract Agreement— Section 11 —"Contract Price and Method of Payment;" 2. General Conditions— "Payment— General"; 3. General Conditions— "Payment—Applications for Payment"; 4. General Conditions— "Payment— Mobilization Payment Requirements;" 5. General Conditions— "Payment— Itemized Breakdown of Contract Lump Sum Prices"; 6. General Conditions— "Contract Price Adjustments and Payments"; 7. General Conditions— "Suspension of Payments"; 8. General Conditions— "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. C-EXA-080414 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED 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 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED 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. C-EXA-080414 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED 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 Payment. Upon C-EXA-080414 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 4 of 8 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; C-EXA-080414 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED 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 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED 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 C-EXA-080414 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 7 of 8 ATTACHMENT 2 — SCHEDULE OF PRICES See next pages for Bid Submittal Forms: Innovative Construction Solutions BF-14 SCHEDULE OF PRICES, Pages 1 — 2 C-EXA-080414 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 CONFORMED Page 8 of 8 Bid Submitted By: Innovative Construction Solutions (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, including profit, overhead, etc., unless otherwise specified in the Contract Documents. All applicable sales taxes, state and/or federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted 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-053119 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 Page 1 of 2 Bid Submitted By: Innovative Construction Solutions (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item Description Unit of Approx Unit Extended Price No. Measurement Qty Price 1. Mobilization: The amount for this Bid Item shall not exceed specified amount and shall include all work not included in other items and shall be in Lump Sum = $ 30,000 conformance with the Contract Documents for the lump sum price of... 2. Permit and Inspection Fees: This item includes all fees to obtain required permits from Huntington Beach and Fountain Valley and any inspection Allowance = $ 10,000 services required of said permits. 3. 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 and 4, as described in Division Lump Sum = $ 705,500.00 01, Section 01155 and in conformance with the Contract Documents for a lump sum price of... TOTAL AMOUNT OF BID (BASIS OF AWARD) $ 745,500.00 BF-14 SCHEDULE OF PRICES C-BF-053119 PROJECT NO. J-127 NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2 Page 2 of 2 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 #: 2020-1151 Agenda Date: 7/22/2020 Agenda Item No: 5. FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: EXTENSION OF COVID-19 DISINFECTING JANITORIAL SERVICES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve a Sole Source Purchase Order Contract Change Order to Contract P.O. 134070-OS with Gamboa Services, Inc. DBA Corporate Image Maintenance, extending the COVID-19 disinfecting janitorial services at Plant No. 1 and Plant No. 2, from August 1, 2020 through January 31, 2021, for a total change order amount not to exceed $140,400, total Purchase Order contract amount not to exceed $236,250. BACKGROUND In March 2020, the Orange County Sanitation District (Sanitation District) implemented special disinfecting janitorial services based on guidelines from the Centers for Disease Control and Prevention (CDC) related to the coronavirus pandemic (COVID-19) outbreak for a not to exceed price of $40,500. Surface disinfection is a critical service to protect Sanitation District employees by reducing potential exposure to COVID-19 and promoting business continuity. Gamboa Services, Inc. DBA Corporate Image Maintenance was sole sourced because they had staff familiar with the treatment plant sites and facilities, and maintained all the insurance and training requirements to immediately provide services. As the scope and longevity of the COVID-19 pandemic became clearer in May, it became necessary to provide additional cleaning services for night shift and weekend personnel and to extend the contract through July 2020. Additional change orders were issued under the General Managers authority for a total current contract value of$95,850. The current COVID-19 disinfecting service contract provides daily disinfection to frequently contacted surfaces seven days per week including the night shift work hours. The current disinfection contract was approved by the General Manager and expires July 31, 2020. The need for these critical disinfection services will be necessary for the foreseeable future. RELEVANT STANDARDS • 24/7/365 treatment plant reliability Orange County Sanitation District Page 1 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1151 Agenda Date: 7/22/2020 Agenda Item No: 5. • Commitment to safety & reducing risk in all operations • Provide a safe and collegial workplace PROBLEM The COVID-19 disinfecting janitorial service is schedule to expired July 31, 2020. Discontinuing these services will increase the risk of COVID-19 transmission to staff and visitors and hamper critical staffing of the facilities. PROPOSED SOLUTION Extend the existing COVID-19 disinfecting janitorial service contract from August 1, 2020 through January 31, 2021 with Corporate Image Maintenance. Due to the uncertainty of the COVID-19 outbreak, the Sanitation District is looking to extend the existing COVID-19 disinfecting janitorial services to protect employees and reduced potential exposure to COVID-19. Using the same contractor for janitorial and disinfection services improves coordination of service delivery and site access coordination. The normal janitorial services contract expires January 31, 2021. The disinfection services are being incorporated into the regular janitorial services contract which will begin the bidding process in August 2020, with services starting February 1, 2021. TIMING CONCERNS Due to the uncertainty of COVID-19 outbreak and the expiration of the existing COVID-19 disinfecting janitorial services contract with Corporate Image, it is vital that these services be extended to protect staff and visitors. RAMIFICATIONS OF NOT TAKING ACTION Failure to act to secure COVID-19 disinfecting janitorial services could potentially lead to employee exposure to COVID-19 which may affect the Sanitation District's ability to provide continuous critical wastewater treatment and recycling services. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA N/A Orange County Sanitation District Page 2 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1151 Agenda Date: 7/22/2020 Agenda Item No: 5. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This recommendation would be funded under the Professional and Contractual Service line item for Operations and Maintenance Department (Proposed Budget Fiscal Year 2020-21). The proposed budget funding is sufficient for this action. Date of Approval Contract Amount Contingency 07/22/2020 $236,250 N/A 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:dh:ab:gc Orange County Sanitation District Page 3 of 3 Printed on 7/15/2020 powered by LegistarTM 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 #: 2020-1152 Agenda Date: 7/22/2020 Agenda Item No: 6. FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: SHALLOW REBAR REPAIR SERVICES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Approve a Purchase Order service contract to Tharsos Inc. to provide Shallow Rebar Repair Services, per Specification No. S-2020-1161 BD, for a total amount not to exceed $272,797 for the period beginning August 1, 2020 through July 31, 2021, with four, one-year renewal options; and B. Approve an annual contingency of$13,640 (5%). BACKGROUND The Orange County Sanitation District (Sanitation District) has various concrete structures throughout its two treatment plants in Fountain Valley and Huntington Beach. These structures require maintenance to keep them operable. The purpose of this contract is to provide expeditious repairs to concrete structures with shallow or exposed rebar to prevent corrosion and reduce erosion due to exposure. RELEVANT STANDARDS • Protect Orange County Sanitation District assets • Maintain a proactive asset management program • Sustain 1, 5, 20-year planning horizons PROBLEM The Sanitation District has identified multiple instances of exposed rebar in several primary basins at Plant No. 1 . Close examination and inspection determined that the rebar was installed too shallow during construction, within an inch of the surface in some areas. Some of the rebar has spalled and become exposed. Orange County Sanitation District Page 1 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1152 Agenda Date: 7/22/2020 Agenda Item No: 6. PROPOSED SOLUTION Award a blanket purchase order contract to perform repairs and seal the exposed rebar areas to prevent further corrosion, deterioration, and spalling. This contract will serve as a blanket contract for expeditious repairs of shallow rebar areas identified during condition assessments performed at Plant Nos. 1 and 2 on an as-needed basis. All repairs will be priced per the unit rates in the bid to include square footage of the repair, scaffolding setup and removal, and mobilization cost. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION Exposed rebar will continue to corrode causing concrete spalling which could affect structural integrity, likely to the point that more extensive and costly repair methods would be required. Concrete structures will be unavailable for service for much longer periods of time while repair services are individually bid after being taken out of service, cleaned, and inspected. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION A Notice Inviting Bids was issued on April 28, 2020 via PlanetBids. A non-mandatory pre-bid meeting was conducted virtually on May 12, 2020. Bids were due on June 2, 2020. The Sanitation District received five responsive bids. The following is a list of firms who submitted a bid. Bidder Amount of Bid Tharsos, Inc. $272,797 Slater Waterproofing $314,500 Howard Ridley Co., Inc. $319,200 W.A. Rasic Construction Co., Inc. $360,900 Harbor Coating & Restoration $435,000 The basis of the bid amount was 1,200 square feet of repair, five mobilizations, and five scaffolding setup and removals. Staff recommends award a service contract to Tharsos, Inc. as the lowest responsive and responsible bidder. CEQA Shallow rebar repair services are categorically 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 Orange County Sanitation District Page 2 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1152 Agenda Date: 7/22/2020 Agenda Item No: 6. features, involving negligible or no expansion of existing or former use," including "(b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services". FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This recommendation will be funded under the Repair and Maintenance line item for Operations and Maintenance Department (Fiscal Year 2020-21 Budget). The proposed funding is sufficient for this action. Date of Approval Contract Amount Contingency 07/22/2020 $272,797 $13,640 (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:ia:ab:ac Orange County Sanitation District Page 3 of 3 Printed on 7/15/2020 powered by LegistarTM 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 #: 2020-1153 Agenda Date: 7/22/2020 Agenda Item No: 7. FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: PLANT NO. 1 SUNFLOWER PUMP NO. 2 GEAR DRIVE REPLACEMENT GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Award a Sole Source Purchase Order Contract to Nuttall Gear for the purchase of a Nuttall Gear Drive T/25 unit for Plant No. 1 Sunflower Pump Station, for a total amount not to exceed $198,610, plus applicable tax and freight, and B. Approve a contingency of $9,931 (5%). BACKGROUND The Orange County Sanitation District (Sanitation District) operates the Sunflower Pump Station to bring wastewater into Plant No. 1. The station consists of two screw pumps, normally with one pump as the duty pump and the second in stand-by mode. One pump can provide the necessary flow capacity; two pumps are needed for system reliability and to help to provide peak wet weather capacity. The Nuttall gearbox is the driving gear between the motor and the auger. The complete gearbox assembly and all individual components were specifically designed for use at Sunflower Pump Station. All design details of the gearbox are proprietary to Nuttall Gear. RELEVANT STANDARDS • Protect Orange County Sanitation District assets • Maintain a proactive asset management program • 24/7/365 treatment plant reliability PROBLEM One of the Sunflower pump gearbox units is experiencing a high rate of oil loss and must be pulled out of service and sent for extensive repairs with a long lead time for parts and service, and will limit the critical pump station to a single pump for an extended time period. Orange County Sanitation District Page 1 of 2 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1153 Agenda Date: 7/22/2020 Agenda Item No: 7. PROPOSED SOLUTION Purchase a new gearbox through Nuttall Gear to serve as a swing unit. This swing gearbox unit will provide the means to repair either existing unit without limiting capacity of the pump station with minimal down-time, now and in the future. The purchase of the Nuttall Gear Drive/T25 provides the least operational risk solution to continued compliance and operation of the Sunflower Pump Station for the Sanitation District. TIMING CONCERNS The Sunflower Pump Station has limited redundancy with two installed pumps, both pumps will be required to be operational during peak wet weather events to pump the incoming trunkline flows. RAMIFICATIONS OF NOT TAKING ACTION Failure to act increases the risk of pump failure resulting in a disruption of flow to Plant No. 1, impacting process, and the ability to treat wastewater during peak wet weather events. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Budget FY 2020-21, Section 8 - Page 89, Operations & Maintenance Capital Program line item, M-SM-CAP) and the budget is sufficient for the recommended action. Date of Approval Contract Amount Contingency 7/22/2020 $198,610 $9,931 (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:no:ab:gc Orange County Sanitation District Page 2 of 2 Printed on 7/15/2020 powered by LegistarTM 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 #: 2020-1154 Agenda Date: 7/22/2020 Agenda Item No: 8. FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: REHABILITATION OF SIXTEEN RECTANGULAR CLARIFIERS AT PLANT NO. 1 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Award a service contract to J.R. Filanc Construction Company, Inc. for the mechanical rehabilitation and overhaul of sixteen rectangular primary clarifier tanks at Plant No. 1, Specification No. S-2020-114813D, for a total amount not to exceed $1,319,313; and B. Approve a contingency of $131,932 (10%). BACKGROUND At Orange County Sanitation District (Sanitation District) Plant No.1, there are 52 rectangular primary clarifier tanks which are the work horse of the wastewater treatment process. Their reliable operation is critical to meet both effluent treatment standards and to provide quality water to the Orange County Water District (OCWD) for reclamation. These primary clarifiers have been in service for a number of years with significant wear, tear, and corrosion of their mechanical systems. The Board of Directors previously authorized, and staff is completing, the first two phases of refurbishment for the primary clarifier tanks. This final phase of refurbishment for the remaining sixteen rectangular primary clarifier tanks is recommended to improve reliability and reduce unscheduled break downs per our asset management philosophy. RELEVANT STANDARDS • 24/7/365 treatment plant reliability • Meet volume and water quality needs for the GWRS • Maintain a proactive asset management program PROBLEM All influent wastewater must go through primary treatment. Due to the age and worn condition of the mechanical components associated with the rectangular primary clarifiers, breakdowns are occurring with increasing frequency. Breakdowns reduce hydraulic capacity at Plant No. 1 and negatively impact flows available to the Groundwater Replenishment System (GWRS). In addition, the primary Orange County Sanitation District Page 1 of 4 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1154 Agenda Date: 7/22/2020 Agenda Item No: 8. clarifiers' reliability is crucial to the Sanitation District's ability to support upcoming capital improvement projects that place greater reliance on the Plant No. 1 rectangular primary clarifiers for treatment during construction of these projects. PROPOSED SOLUTION Staff recommends approval of a mechanical overhaul and rehabilitation of sixteen (16) rectangular primary clarifier tanks at Plant No.1. TIMING CONCERNS Two Capital Improvement Projects Nos. P1-133 and P2-98 are scheduled to begin construction in 2021. These circular primary basin projects will place a greater emphasis and reliance on the rectangular primary clarifiers at Plant No. 1. Refurbishment of the rectangular primary clarifiers should be completed before this time. RAMIFICATIONS OF NOT TAKING ACTION Failure to take action could impact the Sanitation District's readiness to provide primary treatment which could delay or lengthen the duration of upcoming CIP projects that are dependent on reliable primary treatment capacity during their construction periods. This could also impact our ability to supply the desired quantity of effluent water to the GWRS. PRIOR COMMITTEE/BOARD ACTIONS January 2019 - Approve a Service Contract to Mehta Mechanical Company Inc., replacing the December 19, 2018 approval of a Purchase Order, for the mechanical rehabilitation and overhaul of twenty-four (24) Primary Clarifier Tanks at Plant No. 1, per Specification No. S-2018-985BD, for a total amount not to exceed $1,998,000; and approved contingency of$199,800. December 2018 - Approved a Purchase Order contract to Mehta Mechanical Company Inc. for the mechanical rehabilitation and overhaul of twenty-four (24) Primary Clarifier tanks at Plant No. 1, per Specification No. S-2018-98513D, for a total amount not to exceed $1,998,000; and approved a contingency of$199,800. June 2017 - Approved a Purchase Order to Frost Company for the mechanical rehabilitation and overhaul of 10 Primary Clarifiers at Plant No. 1 for a total amount not to exceed $385,000, plus applicable tax; and approved a contingency of$77,000. ADDITIONAL INFORMATION The Sanitation District issued a Notice Inviting Bids on April 10, 2020 for the mechanical rehabilitation and overhaul of sixteen Primary Clarifier tanks at Plant No. 1, per Specification No. S-2020-114813D. Eleven sealed bids were received on June 2, 2020. The bids were evaluated in accordance with the Sanitation District's policies and procedures. Summary information of the bids received is as follows: Orange County Sanitation District Page 2 of 4 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1154 Agenda Date: 7/22/2020 Agenda Item No: 8. Bidder Amount J.R. Filanc Construction Company, Inc. $1,319,312.50 Abhe & Svoboda, Inc $1,351,780.00 J.F. Shea Construction, Inc. $1,364,850.00 Mehta Mechanical Company $1,563,400.00 W.A. Rasic Construction Company, Inc. $1,587,340.00 Houalla Enterprises, Ltd. $1,681,932.00 ERS Industrial Services, Inc. $1,705,259.96 Spiess Construction Co, Inc. $1,843,850.00 Tharsos Inc. $1,874,999.92 California Building Evaluation & $2,008,878.00 Construction, Inc. Myers-George Reed $2,088,888.00 Staff recommends awarding a service contract to the lowest responsive and responsible bidder, J.R. Filanc Construction Company, Inc., for the mechanical rehabilitation and overhaul of sixteen (16) primary clarifier tanks. A contingency of 10% is recommended because of the potential for additional work required resulting from operating constraints and seasonal wet weather occurrences. CEQA The 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 is exempt because it involves repairs and minor replacement of existing facilities involving no expansion of use or capacity. A Notice of Exemption will be filed with the Orange County Clerk-Recorder office after Board approval. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This recommendation will be funded under the Repair and Maintenance line item for Operations and Maintenance Department (Fiscal Year 2020-21 Budget). The proposed funding is sufficient for this action. Orange County Sanitation District Page 3 of 4 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1154 Agenda Date: 7/22/2020 Agenda Item No: 8. Date of Approval Contract Amount Contingency 07/22/2020 $1,319,313 $131,932 (10%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Service Contract RM:dh:rc:ab:gc Orange County Sanitation District Page 4 of 4 Printed on 7/15/2020 powered by LegistarTM SERVICE CONTRACT REHABILITATION OF SIXTEEN (16) RECTANGULAR CLARIFIERS AT PLANT 1 (MP-462) Specification No. S-2020-1148BD 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 J.R. Filanc Construction Company, Inc. with a principal place of business at 740 North Andreasen Avenue, Escondido, California 92029 (hereinafter referred to as "Contractor") collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD desires to temporarily retain the services of Contractor for the Rehabilitation of Sixteen (16) Rectangular Clarifiers at Plant 1 (MP-462) "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 July 22, 2020, 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 as modified by Addendum No. 1 Exhibit "B" Bid Exhibit "C" Acknowledgement of Insurance Requirements Exhibit "D" OCSD Safety Standards and Safety SOP-102 Personal Protective Equipment (PPE) Safety SOP-604 Confined Space Safety SOP-605 Control of Hazardous Energy (LOTO) Safety SOP-607 Hazard Communication Safety SOP-626 Fall Protection Exhibit "E" 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. Orange County Sanitation District 1 of 9 Specification No. S-2020-1148BD Version 080919 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 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 exceed One Million, Three Hundred Nineteen Thousand, Three Hundred Thirteen Dollars ($1,319,313.00). 3. California Department of Industrial Relations(DIR) Registration 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 or perform work under a maintenance 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). Orange County Sanitation District 2 of 9 Specification No. S-2020-1148BD Version 080919 4. Payments and Invoicing 4.1 OCSD shall pay, net thirty (30) days, upon receipt and approval, by OCSD's Project Manager or designee, of itemized invoices submitted for Clarifiers completed in accordance with Exhibit "A", and for the prices set forth in Exhibit "B". OCSD, at its sole discretion, shall be the determining party as to whether the Clarifiers have been satisfactorily completed. 4.2 Invoices shall be emailed by Contractor to OCSD Accounts Payable at APStaff(b_OCSD.com and "INVOICE" with the Purchase Order Number and Specification No. S-2020-1148BD 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 Contract shall be completed within 365 calendar days from the effective date of the Notice to Proceed. 9. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. 10. Performance Time is of the essence in the performance of the provisions hereof. 11. Termination 11.1 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. 11.2 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. 11.3 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 ■ if Contractor breaches any of the terms of this Contract; or ■ if total amount of compensation exceeds the amount authorized under this Contract. Orange County Sanitation District 3 of 9 Specification No. S-2020-1148BD Version 080919 11.4 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. 12. 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. 13. 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. 14. 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" including Safety SOP-102 Personal Protective Equipment (PPE), Safety SOP- 604 Confined Space, Safety SOP-605 Control of Hazardous Energy (LOTO), Safety SOP- 607 Hazard Communication, Safety SOP-626 Fall Protection, and the Human Resources Policies in Exhibit "E". 15. Warranties In addition to the warranties stated in Exhibit "A", the following shall apply: 15.1 Manufacturer's standard warranty shall apply. All manufacturer warranties shall commence on the date of acceptance by the OCSD Project Manager or designee of the work as complete. Orange County Sanitation District 4 of 9 Specification No. S-2020-1148BD Version 080919 15.2 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. 16. 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. 17. Frei_ght (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. 18. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) 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. 19. Re_pulatory 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. 20. Environmental Compliance Contractor shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Contractor, its subcontractors, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations. 21. 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. 22. 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. 23. Contractor's Employees Compensation 23.1 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) Orange County Sanitation District 5 of 9 Specification No. S-2020-1148BD Version 080919 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. 23.2 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. 23.3 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. 23.4 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. 23.5 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. 23.6 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-2020-1148BD Version 080919 24. 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. 25. Governin_p 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. 26. 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. 27. 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. 28. Dispute Resolution 28.1 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. 28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to 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. Orange County Sanitation District 7 of 9 Specification No. S-2020-1148BD Version 080919 29. 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 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. 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 31. 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. 32. 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. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. 34. 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. 35. 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. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 37. 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. 38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 39. 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. 40. 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-2020-1148BD Version 080919 41. 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: Luis Reyes General Manager J.R. Filanc Construction Company, Inc. 740 North Andreasen Avenue Escondido, CA 92029 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 Chair, Board of Directors Dated: By: Kelly A. Lore Clerk of the Board Dated: By: Ruth Zintzun Purchasing & Contracts Manager J.R. FILANC CONSTRUCTION COMPANY, INC. Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 9 of 9 Specification No. S-2020-1148BD Version 080919 Exhibit A SCOPE OF WORK For Rehabilitation of Sixteen (16) Rectangular Clarifiers at Plant 1 (MP-462) EXHIBIT A Specification No. 2020-1148BD EXHIBIT A SCOPE OF WORK REHABILITATION OF SIXTEEN (16) RECTANGULAR CLARIFIERS AT PLANT 1 (MP-462) SPECIFICATION NO. 2020-1148BD EXECUTIVE SUMMARY/ OVERVIEW In 1993, the Orange County Sanitation District (OCSD) constructed 10 rectangular primary sedimentation basins (PSBs) 6-15 on the westside of the primary treatment area at Plant No. 1. This work was performed as project P1-33. In 2006, the OCSD added 16 additional rectangular primary sedimentation basins (PSBs16-31) under project P1-37, resulting in a primary clarifier complex of 26 rectangular sedimentation basins known collectively as PSBs 6-31. PSBs 6-31 have a combined design capacity of 160 MGD. The sedimentation basins are separated into four quadrants; Quadrant 1 includes PSBs 6-14 (even numbered), Quadrant 2 includes PSBs 7-15 (odd numbered), Quadrant 3 includes PSBs 17-31 (odd numbered), and Quadrant 4 includes PSBs 16-30 (even numbered). Primary sludge is produced in PSBs 6-31 through a "co-thickening" operation where dilute sludge is routed from Quadrants 1 and 2 to Dilute Sludge Sump 1 (DSS1) and then pumped to a sludge flume in Quadrant 4 sedimentation basins to be co-thickened with Quadrant 4 primary influent. Quadrant 3 clarifier sludge is drained to Dilute Sludge Sump 2 (DSS2) and pumped directly to the digesters without co-thickening. The Contractor shall perform a turnkey solution including new replacement parts or approved equal parts to rehabilitate eight (8) pairs, sixteen (16) Rectangular Clarifier Basin Tank Sludge Collector Mechanisms, associated with original project P1-33. 1. BACKGROUND/GENERAL PROJECT DESCRIPTION The Chain-and-Flight Clarifier equipment components in 8 clarifier pairs, 16 clarifier basin tanks, shall be replaced at the Rectangular Primary Sedimentation Basins Clarifiers at Plant 1. All replacement equipment components shall be provided by the Original Equipment Manufacturer (OEM) Brentwood Industries Inc. (PolyChem Systems), Evoqua (Envirex), or as stated herein. All components and parts shall be supplied from the same manufacturer. The Work, in general, consists of replacement of all mechanical collection system components as stated herein. 2. DEFINITIONS • OCSD — Orange County Sanitation District • LOTO — Lock-out/Tag-out • Clarifier Basin(s) — "Clarifier(s)" or "Basin(s)" EXHIBIT A Page 1 of 10 Specification No. 2020-1148BD 3. PROJECTIWORK ELEMENTS The Contractor shall perform the following turnkey solutions including new replacement parts or approved equal parts to rehabilitate sixteen (16) Rectangular Clarifier Basins associated with original project P1-33. OCSD reserves the right to choose the location, sequence, and number of basins to be worked on during the duration of this Project. 3.1.General Contractor shall have performed similar work described within this scope and demonstrate they have the experience and ability to conduct the work as completely and as diligently as required under the terms of the Contract. 3.1.1. All parts, unless noted otherwise, are to be supplied by Contractor, at a minimum as listed in APPENDIX A-1. Additional parts may be needed to complete job. Replacement parts shall be new. No refurbished parts are to be used. 3.1.2. All work performed by Contractor on the equipment listed herein shall be completed in accordance with manufacturer recommendations, instructions, and as required by the latest applicable codes and regulations. As-built Drawings are attached in APPENDIX A-2 for reference use. 3.1.3. The Operations and Maintenance (O&M) manuals and specifications/procedures for the Primary Rectangular Clarifiers are attached in APPENDIX A-3 for reference use. 3.1.4. OCSD reserves the right to keep all used, unused, and replaced parts. No project materials or equipment shall be taken off the Project/Construction site without OCSD written authorization. 3.1.5. Contractor shall provide detailed submittals/procedures with part numbers and their dimensions for review and approval by OCSD for all parts prior to fabrication or procurement by the Contractor. OCSD will respond to the Contractor within 20 days. 3.1.6. Except as specified elsewhere herein, Contractor shall furnish the following: 1) Field Supervision 2) Field Office Support 3) Labor 4) Permanent Materials EXHIBIT A Page 2 of 10 Specification No. 2020-1148BD 5) Construction Equipment and Tools 6) Consumable Supplies 7) Transportation 8) Testing 9) Safety Equipment and Personnel Protection Equipment 10) Temporary and Support Facilities 11) Forklift 12) Crane 13) Any other items not listed required to perform all activities described herein. OCSD will provide all laydown area required for project. Contractor shall include all expenses/costs related to the trailer/laydown in their bid at no additional cost to OCSD. 3.1.7. Contractor shall bring all discrepancies between the Scope of Work, Specifications, and Reference Drawings, upon discovery, and in a timely manner to the attention of OCSD for resolution. No extra work shall proceed without OCSD's prior written authorization. 3.1.8. In the case of a wet weather/ storm event or other unforeseen circumstances, OCSD may require the Contractor to abandon work for up to a week on an in-process basin(s) and remove all equipment from the premises. OCSD will attempt to provide a minimum of 24-hour advanced notice of such an event. 3.1.9. All work on each pair of basins shall be completed within three (3) work weeks. If the Contractor requires additional time to complete a basin, written request of work extension is required by the Contractor, along with approval from OCSD. 3.1.10. OCSD will provide the Contractor up to two (2) pairs, four (4) Clarifier basins at a time. 3.1.11. OCSD reserves the right to witness Contractor's activities, including but not limited to all tests performed by Contractor. Contractor shall redo test, if they are deemed unreliable or erroneous at OCSD's sole discretion at no additional cost. 3.1.12. Hazardous substances, including all construction debris, shall be disposed of in an environmentally safe manner by Contractor at no additional cost and with prior approval from OCSD. Under no circumstances shall hazardous wastes be commingled with non-hazardous wastes. 3.1.13. Contractor shall be responsible for the repair or replacement-in-kind of any item damaged by Contractor or Contractor's Subcontractor without any EXHIBIT A Page 3 of 10 Specification No. 2020-1148BD cost or schedule impact to OCSD until complete turnover and Acceptance of the Scope of Work by OCSD. 3.1.14. Contractor shall coordinate the work to avoid any interference with normal operations of plant equipment and processes. Written shutdown requests shall be submitted to the OCSD Project Manager. Request shall identify the system or equipment included in the shutdown request. The OCSD Project Manager's written acceptance of shutdown requests shall be obtained fourteen (14) days in advance. Any work that blocks roadways, access to buildings, and parking lots shall require written acceptance from OCSD. Contractor shall follow OCSD's LOTO procedures for isolation of equipment. OCSD will provide tags and Contractor shall provide lockout devices. If work on energized electrical systems is required, refer to the section entitled "Working on Energized Systems" of the OCSD Safety Standards. 3.2.Work Element 3.2.1. Perform all Operational and Maintenance tasks per the Original Equipment Manufacturer (OEM) Manual, attached for reference, APPENDIX A-3. 3.2.2. The service includes but not limited to all labor, supplies, OEM or approved equal parts and equipment to complete the following tasks: 3.2.2.1. Perform LOTO. Wash down the empty basin removing any remaining materials, sediments, debris, etc. to provide for a safe environment enabling high quality repair work to proceed. Provide an appropriate safety barrier to prevent parts/people from inadvertently falling into the Clarifier. 3.2.2.2. Inspect and remove existing equipment but not limited to the plastic drive chain and links, weld-washers on wear strips, plastic drive, bull sprocket, drive sprockets, and idler sprockets, and flight shoes. After measuring, recording, and documenting the parts' current condition and mechanical wear, etc., remove and replace the components with new OEM or approved equal replacement parts. 3.2.3. Equipment Installation 3.2.3.1. Install the following parts but not limited to: bull sprocket, wear strips, floor shoes, return shoes, stub shaft bearings, collector chain, drive chain, drive sprockets, idler sprockets, broken/damaged flights (flights will be provided by OCSD), tension collector chain, flight attachments, filler blocks, wear strip hardware, align drive sprockets and align drive chain. See APPENDIX A-1 for the parts list. EXHIBIT A Page 4 of 10 Specification No. 2020-1148BD 3.2.3.2. Inspect and replace all wear strips with new 4" wide wear strips, ensuring proper placement(-3/8"to '/z"gap)with respect to the flight shoes. The mounting hardware to be installed appropriately to ensure that the wear strips are securely mounted to the basin floor, while ensuring that they do not protrude excessively, prematurely wearing the shoes on the flights. 3.2.3.3. Adjust the plastic drive chain tension appropriately, ensuring that all the flights are appropriately aligned and uniformly distributed on both sides of the drive chains; and, that neither the plastic chain nor flights inappropriately contact or rub against the basin ceiling, etc. during operation. The flight shoes should be properly aligned and riding on the wear strips; and, the flights should be perpendicular to the basin walls to withstand misalignment operation alarms. 3.2.3.4. OSCD will perform a job walk with the Contractor on each basin tank prior to any repairs being made, as well as subsequent work being performed. OCSD will review the completed repairs and workmanship after each basin rehabilitation. A test run will be performed to ensure the installation is done correctly before OCSD releases additional basins. OCSD has the right to require the Contractor to address or fix any perceived deficiencies, errors, etc. that are not in alignment with OCSD expectations. 3.2.3.5. After each basin rehabilitation and OCSD test run approval, vactor services shall jet and vactor debris and material in each hopper, including drain line. 4. MATERIAL REQUIREMENTS The Contractor shall perform the following turnkey solutions including OEM parts required to rehabilitate sixteen (16) Primary Rectangular Clarifier Basins associated with this project: 4.1.For material use 100% Virgin UHMW/PE polymer per ASTM D4020-05a; 4.2 million min molecular weight and 24 min IV (intrinsic viscosity), Nylon-6, or approved equal. See APPENDIX A-1 for parts list. 4.2.Reference APPENDIX Al for material requirements of Parts List. 5. RESOURCES AVAILABLE Material/Equipment laydown and staging area can be provided as necessary. The Contractor shall be solely responsible to secure the laydown and staging area for all Contractor tools, equipment and delivered parts for this contract. Tools and equipment EXHIBIT A Page 5 of 10 Specification No. 2020-1148BD shall be properly rated for the intended application and area classifications. Restroom Facilities shall be provided by the Contractor for the duration of the job, adequately sized and maintained for the construction crew. Access to 120v electrical supply, non- potable water, and compressed air available for use by the Contractor in the work area during this project. 6. PROJECT SCHEDULE The project schedule will be dependent upon the availability of the basin(s), the asset demand at that particular time, and the required coordination of other ongoing projects or planned asset outings. The following schedule is provided for illustration purposes only. The actual project schedule will depend on basin availability at the time of mobilization readiness. Milestones/Timelines Deadline (Weeks from Notice to Proceed Date) Kick-Off Meeting / Notice to Proceed 0 Work Begins on first Set of Basins 5 Work Begins on Subsequent Basins 8 (1) Each pair of basins shall be completed within three (3) weeks, from the start of these Basins unless there is a wet weather/storm event. 7. PROJECT MANAGEMENT 7.1.Meetings A minimum of one week prior to start of work, a meeting with relevant OCSD staff shall be held to establish appropriate contacts and review the Contractor's plan to implement this work, training records, safety plans, etc. If necessary, additional meetings may be required. Contract conferences shall be held on an on-call basis with OCSD staff to keep OCSD apprised of the job, review work in progress, and receive comments. Conferences shall be held at the OCSD's offices. All notes and decision items shall be captured by the Contractor and reported in electronic format. The formal agenda shall be submitted with the previous meeting notes at least one week prior to each meeting. 7.2.Project Kick-Off Meeting The Contractor and subcontractors shall attend the initial kick off meeting where team members will be introduced to each other. Contractor shall provide a draft workplan and schedule at the initial kick off meeting. 7.3.Project Progress Meetings EXHIBIT A Page 6 of 10 Specification No. 2020-1148BD The Contractor and subcontractors shall attend progress meetings throughout the life of the project in order to coordinate all issues related to the work. Progress meetings shall be held every other week, or as determined by OCSD. 8. DELIVERABLES Contractor shall provide the following deliverables and others as specified herein: 8.1.Progress Reports With the first invoice provide a schedule of values which breaks down each bid item into sub items. Each invoice shall be accompanied by a detailed progress report of work completed and an updated work schedule. The progress report shall include at a minimum the following: a description of a) current activities; b) future activities; c) potential out-of-scope items; d) concerns and possible delays; and e) percentage of completion. If invoices are not submitted monthly, provide the schedule of values, reports, and schedules on a monthly basis. Include with each invoice, a detailed photo log (high resolution) of equipment and material before and after changes or improvements are made. 8.2.Final Report A final job report shall be completed by the Contractor after the completion of the assigned work. The final job report shall include the following: • Field repairs performed and their locations. • A detailed list of the replacement parts installed and their parts numbers. • Digital field photos of the work performed. • Detailed description of any major mechanical issues found and repaired with digital photos Three (3) hardcopies and one (1) digital file of the final job report including detailed written field observations, digital color photos shall be delivered to OCSD: Project Manager, (Office Phone No. 714-593-7085) within 14-business days following the completion of the last contracted basin rehab work. Note: All text documents must be completed in MS Word. 9. SAFETY & HAZARDOUS MATERIALS 9.1.Plant 1 P1-33 Primary Rectangular Clarifier Basins are a designated permit required confined space as defined by Cal OSHA. The Contractor will be required to provide confined space entry trained personnel capable of planning and performing confined space entries, and rescue of entry personnel from the Rectangular Clarifier Basins and appurtenances, as necessary. In addition, the Contractor is required to have an entry and rescue plan for this work approved by the OSCD Safety Department. The Contractor shall provide confined space EXHIBIT A Page 7 of 10 Specification No. 2020-1148BD rescue response on-site for contract personnel. The Contractor shall supply personnel with the proper certification and training and provide proof of the same. 9.2.The Contractor shall also be responsible for training their personnel in fall protection and the proper use of personal protection equipment (PPE), appropriate for safely working in this environment. 9.3.The Contractor shall provide personnel with an experience level suitable for identifying hazards that may occur during the normal course of work. 9.4.Contractor shall provide each field staff member with an individual Gas Tech Analyzer for the duration of the project. 9.5.Contractor shall also provide a job site foreman or supervisor responsible for furnishing required tools, equipment, and supplies necessary to conduct and complete the above listed tasks as requested by OCSD. Any questions concerning safety or job hazards shall be submitted electronically to the OCSD Project Manager. The Contractor shall adhere to all OCSD's policies and procedures. 9.6.Job Hazard Analysis A Job Hazard Analysis, (JHA), or Job Safety Analysis, (JSA), will be provided to the Contractor. Any questions concerning safety and job hazards shall be submitted by the Contractor electronically or in writing and shall be answered by OCSD Safety Department electronically or in writing and saved in the project records. The Contractor will adhere to all of OCSD's policies and procedures. 10.CONTRACT MANAGEMENT The Contractor will be assigned a single point of contact on this project. All enquiries shall be addressed to this contact except any meetings or job walks related to this project, which shall be scheduled and approved by the Project Manager. 11.STAFF ASSISTANCE The Contractor will be assigned a single point of contact on this project. Any meetings and/or correspondence related to this project shall be scheduled and approved by the Project Manager. In addition, Contractor's staff shall be available to support the OCSD's staff for LOTO and consultation during Contractor working days. 12.PAYMENT SCHEDULE FOR LABOR AND PARTS In order to reduce the Contractor's parts Carrying cost, OCSD will pay the Contractor for all labor and parts based on deliveries of parts for up to eight (8) clarifiers on the following schedule: EXHIBIT A Page 8 of 10 Specification No. 2020-1148BD 12.1. Payments for each of the first four (4) clarifiers (Clarifiers# 1, 2, 3, 4, 9, 10, 11 12) - Upon the successful installation/rehab of each clarifier OCSD shall pay one (1) unit of Labor as Bid submitted per Bid Price Form (Exhibit B Line 1) and up to two (2) basins worth of parts (if already delivered to OCSD) as Bid submitted per Bid Price Form (Exhibit B Line 2). 12.2. For each of the second four (4) clarifiers (Clarifiers# 5, 6, 7, 8, 13, 14, 15, 16) - Upon the successful installation/ rehab of each clarifier OCSD shall only pay one (1) unit of Labor as Bid submitted per Bid Price Form (Exhibit B Line 1). EXHIBIT A Page 9 of 10 Specification No. 2020-1148BD Orange County Sanitation District Page 3 Rehabilitation of Sixteen(16)Rectangular Clarifiers at Plant 1 (MP-462)(S-2020-1148BD),bidding on June 2,2020 2:00 PM Printed 06/02/2020 Bid Results Bidder Details Vendor Name J.R.Filanc Construction Co.Inc. Address 740 N.Andreasen Ave. Escondido,CA 92029 United States Respondee Luis Reyes Respondee Title General Manager Phone 626-391-1484 Ext. Email Ireyes@filanc.com Vendor Type CADIR License# 134877 CADIR 1000001631 Bid Detail Bid Format Electronic Submitted June 2,2020 1:28:32 PM(Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation# 214273 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Exhibit K:Bidders Bond Exhibit K Bidders Bond.pdf Bid Bond Exhibits C,G,H,I,J Exhibit C,G,H,I,J.pdf General Attachment Line Items Type Item Code UOM Qty Unit Price Line Total Comment TOTAL Estimated Lump Sum(Cost of Basin Rehabilitation in accordance with the Scope of Work,Exhibit A,including applicable material, sales tax,labor,freight(FOB Destination),equipment,confined space entries,safety provisions,Estimated optional Vactor and Jetting Services and miscellaneous costs.BIDDERS MUST BID ON ALL LINE ITEMS.NOT BIDDING ON ALL LINE ITEMS SHALL DEEM THE BID SUBMITTED AS NON-RESPONSIVE. 1 Labor Cost Per Basin-Rehabilitation of Rectangular Clarifier Basins per Installation of New Parts&Components(Per Scope of Work) PER BASIN 16 $33,960.00 $543,360.00 2 Parts only Per Basin—including related hardware and applicable Sales tax and Freight(FOB Destination)(Per Appendix A-1) PER BASIN 16 $42,625.00 $682,000.00 3 Optional—Vactor And Jetting Services-Hourly Bill rate for these optional services shall include all vactor/jetting equipment necessary to conduct this service,including the operating staff,and other misc.cost associated with this service. PER HOUR 150 $626.35 $93,952.50 Subtotal $1,319,312.50 Total $1,319,312.50 PlanetBids,Inc. 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 #: 2020-1155 Agenda Date: 7/22/2020 Agenda Item No: 9. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Adopt Resolution No. OCSD 20-05 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District, making findings pursuant to Public Contract Code Section 3400 in support of the sole source specification of SUEZ Water Technologies & Solutions for refurbishing four existing bar screens and for furnishing two new bar screens for Headworks Rehabilitation at Plant No. 1, Project No. P1-105". BACKGROUND The headworks facilities are the first treatment process at a wastewater treatment plant and protect downstream equipment by removing large objects and abrasive materials. Large objects are removed by bar screens which are racks of bars placed in a channel with a mechanical rake to remove the collected material from the channel. Headworks Rehabilitation at Plant No. 1, Project No. P1-105, is a complete renovation of the existing headworks, including the bar screens. RELEVANT STANDARDS • Ensure the public's money is wisely spent • Comply with Public Contract Code Section 3400 • Comply with OCSD Policy - Purchasing Ordinance No. OCSD-52, Section 1.07.A Sole Source Procurement PROBLEM The existing bar screen facility at Orange County Sanitation District's (Sanitation District) Plant No. 1 includes six bar screen channels. Four are currently equipped with bar screens; two with 5/8-inch clear spacing and two with 1-inch clear spacing. All four screens were manufactured by Infilco Degremont, Inc., which has since been acquired by SUEZ Water Technologies & Solutions (Suez). Orange County Sanitation District Page 1 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1155 Agenda Date: 7/22/2020 Agenda Item No: 9. The two existing 5/8-inch screens are in poor condition and need complete refurbishment. The 1- inch bar screens are used only under high flow conditions because the larger material they allow to pass causes plugging in downstream equipment. This project will refurbish the two 5/8-inch screens, replace the two 1-inch screens with 5/8-inch screens, and install two additional 5/8-inch screens in the remaining channels. The additional screens are needed because the 5/8-inch screens have a lower hydraulic capacity than the 1-inch screens. Refurbishing the four existing bar screens is estimated to save approximately $2 million instead of replacing them. Replacing the bar screens would also require channel modifications that would likely reduce the hydraulic capacity of the channels. To ensure efficient and reliable operation, all six bar screens should be of the same design and manufacture. Only Suez can supply the parts and material to refurbish the four existing bar screens. Therefore, only Suez can supply bar screens that match the four existing bar screens. PROPOSED SOLUTION Adopt a resolution supporting sole sourcing of the refurbishment of the four existing bar screens and furnishing two new screens. Suez has committed to a price of approximately $3.8 million for the scope of this work. The design consultant has confirmed that this price is fair and reasonable based on a review of prices for similar installations. TIMING CONCERNS Without this sole source approval, staff cannot advertise this project for bids. That would delay the start of construction and potentially result in construction cost escalation. RAMIFICATIONS OF NOT TAKING ACTION Not approving Suez as a sole source manufacturer would require more destructive replacement and retrofitting to accommodate competing bar screen manufacturers. Design and construction costs would also increase. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The Sanitation District and the Design Consultant completed a condition assessment and performed evaluation studies to investigate the screening mechanism, replacement of existing bar screens, and installing new bar screens. The Sanitation District determined that the four rehabilitated bar screens and two new bar screens should be of the same technology and manufacturer so that all six bar screens share materials of construction, design, and spare parts. This approach is the most cost-effective solution. Orange County Sanitation District Page 2 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1155 Agenda Date: 7/22/2020 Agenda Item No: 9. CEQA To comply with CEQA, as the lead agency, the Sanitation District Board of Directors adopted Resolution No. OCSD 19-07 on July 24, 2019 certifying a Mitigation Negative Declaration that was prepared for this project. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Adopted Budget Fiscal Years 2020-2021 and 2021-2022, Section 8, Page 54) and the 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: • Resolution No. OCSD 20-05 • 7/1/2020 Operations Committee PowerPoint Presentation GR:dm:gc Orange County Sanitation District Page 3 of 3 Printed on 7/15/2020 powered by LegistarTM RESOLUTION NO. OCSD 20-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT, MAKING FINDINGS PURSUANT TO PUBLIC CONTRACT CODE SECTION 3400 IN SUPPORT OF THE SOLE SOURCE SPECIFICATION OF SUEZ WATER TECHNOLOGIES & SOLUTIONS FOR REFURBISHING FOUR EXISTING BAR SCREENS AND FOR FURNISHING TWO NEW BAR SCREENS FOR HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105 WHEREAS, the Orange County Sanitation District (Sanitation District) is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code Section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, Public Contract Code Section 3400 provides that local agencies may describe in the invitation for bids or request for proposals that a particular material, product, thing or service is designated by specific brand or trade name if the awarding authority, or its designee, finds that the product is designated "in order to obtain a necessary item that is only available from one source"; and WHEREAS, Public Contract Code Section 3400 establishes that an item is available from only one source if there is not an "equal" product, meaning a product that will "function as well, in all essential respects" as the designated product; and WHEREAS, Carollo Engineers, Inc., the Sanitation District's Design Consultant, has completed the plans and specifications for the Headworks Rehabilitation at Plant No. 1, Project No. P1-105 ("Project"); and WHEREAS, the Project includes refurbishing four existing bar screens and furnishing two new bar screens; and WHEREAS, the four bar screens to be refurbished were manufactured by a Infilco Degremont, Inc., which has since been acquired by SUEZ Water Technologies & Solutions; and WHEREAS, commonality of functions, performance, parts, training, and controls among all bar screens is a compelling need to effectively operate and maintain the bar screens, and WHEREAS, based on extensive research and investigation, Sanitation District staff has determined that SUEZ Water Technologies & Solutions is the only manufacturer of equipment suitable for refurbishing four existing bar screens and for OCSD 20-05-1 furnishing two new bar screens that match the existing four bar screen while being cost effective and meeting the Sanitation District's needs. NOW, THEREFORE, in consideration thereof, the Board of Directors of the Orange County Sanitation District, does hereby resolve, declare, determine, and order as follows: Section 1: All of the recitals herein contained are true and correct. Section 2: SUEZ Water Technologies & Solutions is the "like for like" replacement of the bar screens due to technology and space requirements and is the only manufacturer meeting the Sanitation District's needs. Section 3: SUEZ Water Technologies & Solutions with 5/8-inch screens is a necessary component of the Project design and is only available from one source. Section 4: The SUEZ Water Technologies & Solutions bar screens meeting the Sanitation District's needs shall be specified by name in the invitation for bids for the Project. Section 5: This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a regular meeting of the Board of Directors held on July 22, 2020. David John Shawver Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OCSD 20-05-2 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 20-05 was passed and adopted at a regular meeting of said Board on the 22nd day of July 2020, 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 22nd day of July 2020. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OCSD 20-05-3 1 Sole Source for Bar Screens EMMIM Headworks Rehabilitation j p, �'�" Project No. P1 -105 Kathy Millea, Director of Engineering �- Operations Committee July 1 , 2020 r o�\�y SANI rq;,�0� cc W,P�K .� / iUCTIUYN SAYlR Q /' CN O h KA�cW C r/�� THE ENv\� � ' 4 °= V 1 c Headworks 'is where I.. ; treatment be ins T�s f/ ,. I ®ice 44 IBM 'OVA ok �, "` Plant No. 1 �Headworks Rehabilitation at Plant No . r► 1 Steve Anderson -Lift Station Wastehau Construction Cost: $293 million 3 Sunflower mo;; 3 - �!� Station �'�� o N� - O°\ °c Advertise for Bids: Sept 2020 T^ Headworks Electrical e- G L B oa Construction Duration: 6.5 years �Iz's B e C Q�di`Oa �oc'� G�ac` G a <� gym �e� 47 G. ea0, Tunnel6 Fa Power m Building 3A J N Power o Building 3 N G J DJ J New Headworks ❑ Rehab of Standby Power Existing Building �Headworks Rehabilitation at Plant No . 1r► 1',; Bar Screens Steve Anderson Lift Station 'oil Construction Cost: $293 million Wastehau 3 L 6�1 ks � (i C¢\ J� �RoomWCall Advertise for Bids: Sept 2020 B oa 00 Construction Duration: 6.5 years a <\ Tunnel Fa Power m Building 3A N Power o Building 3 N G D� J New Headworks ❑ Rehab of Standby Power ing Existing Build r, e n n��y< �4. i AIM aA L 46 l.r � r 4 1 Existing Bar Screens 5/8"Spacing j 1------------� 1"Spacing ......................... ..........ti .......% 1 1 � 1 j i 1 1 1 No. 1 1 No. 2 No.S 1 No. 6 1 1 1 1 1 BYpass 1 1 1 Channel 1 1 1 1 1 • 1 1 Bar Screen Building 1 1 � 1 1 t i j Main Sewage 1 1 1 Pump Station ( 1 1 1 1 1 /� 1 � • 1 •: Bar Screen Evaluati %6 -- Extensive studies performed : �! • Type of screening - mechanisms ;. • Bar screen spacing lop • Hydraulic capacity i Pilot testing of 5/8-inch screen for Plant No. 2 Headworks project 1�lilh '�lVllll�ll►I�l , Existing Climber Technology by Suez WTS %I�K.-0�2 k Evaluation :ate .......... .......... No.2 No.5 1 No.B 1 I Bypass Channel Bypass I I Channel I :A I 1 Bar Sereen Building I • • • I 1 far Screen Building I I ----------- Refurbish 4 existing bar screens 5/8"Spacing ------------; Add 2 new bar screens .......................... "Spacing Keep climber screens All bar screens to have 5/8" spacing • Better removal • Reliability • Hydraulic Capacity • Fit within existing structure FVurce Justification , �1 r • $2 million lower equipment cost to rehab vs. replace 4 bar screens • Only SUEZ WTS can supply parts and material to refurbish existing bar screens silk • All bar screens would be the same design ,�. $3.8 million pricing commitment from supplier. Verified as reasonable based on pricing for similar installations. t ` hiPqf l ; Existing Climber Technology by Suez WTS .Rs Wit Recommended Action ? f Adopt Resolution No. OCSD 20-XX entitled , "A Resolution of the Board of Directors of the Orange County Sanitation District, making findings pursuant to Public Contracts Code Section 3400 in support of the sole source specification of SUEZ Water Technologies & Solutions for refurbishing four existing bar screens and for furnishing two new bar screens for Headworks Rehabilitation at Plant No. 1 , Project No. P1 - 10577 . 4JN1 v S A N I rq Troy ` 9 Q t c o -a 90 2 cl/N 7HE ENV\e'o�� 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 #: 2020-1158 Agenda Date: 7/22/2020 Agenda Item No: 10. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Adopt Resolution No. OCSD 20-06 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District, making findings pursuant to Public Contract Code Section 3400 in support of the sole source specification of Huber Technology for grit washing and dewatering systems for Headworks Rehabilitation at Plant No. 1, Project No. P1-105". BACKGROUND The headworks facilities are the first treatment process at a wastewater treatment plant and protect downstream equipment by removing large objects and abrasive materials. The current grit washing and classification systems are based on an older technology and have poor removal efficiency. Headworks Rehabilitation at Plant No. 1, Project No. P1-105, is a complete renovation of the existing headworks, including replacement of the grit washing and dewatering systems. Abrasive materials, referred to as grit, are removed in grit basins, and conveyed to a grit washing and dewatering system to remove water and organic material. Removal of these abrasive materials is essential to improving the life of all down-stream mechanical equipment like sludge pumps, sludge thickening centrifuge systems, digester mixing systems, biosolids dewatering centrifuge systems and solids storage, and truckloading systems. In addition, these abrasive materials do not produce biogas in a digester. Rather, they tend to settle in the bottom of digesters which requires extensive digester cleaning on a five-year cycle. There are two technologies typically used for washing and dewatering grit at large wastewater treatment plants: grit classifiers and a proprietary equivalent manufactured by Huber Technology referred to as COANDA units. Other technologies used for grit washing and dewatering are not practical or are not proven at the scale of the Orange County Sanitation District's (Sanitation District) plants. An extensive evaluation of the technologies found that the COANDA units produce a much cleaner grit product and generate so much less odor that the air flow rate from the building housing the units, which must be treated using large-scale odor control units, can be substantially reduced. As a result, utilizing the COANDA system results in an estimated life cycle cost reduction of approximately $3 million compared to a conventional grit classifier installation. Orange County Sanitation District Page 1 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1158 Agenda Date: 7/22/2020 Agenda Item No: 10. RELEVANT STANDARDS • Ensure the public's money is wisely spent • Comply with Public Contract Code Section 3400 • Comply with OCSD Policy - Purchasing Ordinance No. OCSD-52, Section 1.07.A Sole Source Procurement PROBLEM The current grit removal and treatment technology at Plant No. 1 has been in service since 1990 and is in need of refurbishment. Improved grit removal and organic material passthrough are needed to reduce plant odors and improve the life of mechanical equipment throughout the plant. PROPOSED SOLUTION Adopt a resolution supporting sole sourcing the COANDA grit washing and dewatering system as provided by Huber Technology. Huber Technology has committed to a price of approximately $2.3 million for this equipment. Based on a review of prices for similar installations, staff considers this price fair and reasonable. TIMING CONCERNS Without this sole source approval, staff cannot advertise this project for bids. That would delay the start of construction and potentially result in construction cost escalation. RAMIFICATIONS OF NOT TAKING ACTION Not selecting the Huber Technology system as a sole source manufacturer will result in larger grit handling and odor control buildings and higher project cost. Design and construction costs will be impacted to accommodate classifiers. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA To comply with CEQA, as the lead agency, the Sanitation District Board of Directors adopted Resolution No. OCSD 19-07 on July 24, 2019, certifying a Mitigation Negative Declaration that was prepared for this project. Orange County Sanitation District Page 2 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1158 Agenda Date: 7/22/2020 Agenda Item No: 10. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Adopted Budget, Fiscal Years 2020-2021 and 2021-2022, Section 8, Page 54) and the 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: • Resolution No. OCSD 20-06 • 7/1/2020 Operations Committee PowerPoint Presentation GR:dm:gc Orange County Sanitation District Page 3 of 3 Printed on 7/15/2020 powered by LegistarT" RESOLUTION NO. OCSD 20-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT, MAKING FINDINGS PURSUANT TO PUBLIC CONTRACTS CODE SECTION 3400 IN SUPPORT OF THE SOLE SOURCE SPECIFICATION OF HUBER TECHNOLOGY FOR GRIT WASHING AND DEWATERING SYSTEMS FOR HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105 WHEREAS, the Orange County Sanitation District (Sanitation District) is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code Section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, Public Contract Code Section 3400 provides that local agencies may describe in the invitation for bids or request for proposals that a particular material, product, thing or service is designated by specific brand or trade name if the awarding authority, or its designee, finds that the product is designated "in order to obtain a necessary item that is only available from one source"; and WHEREAS, Public Contract Code Section 3400 establishes that an item is available from only one source if there is not an "equal" product, meaning a product that will "function as well, in all essential respects" as the designated product; and WHEREAS, Carollo Engineers, Inc., the Sanitation District's Design Consultant, has completed the plans and specifications for the Headworks Rehabilitation at Plant No. 1, Project No. P1-105 ("Project"); and WHEREAS, the Project includes four new grit washing and dewatering units, each with a 250 gallon per minute hydraulic capacity, and ten new grit cyclones, each with a 650 gallon per minute rated design flow; and WHEREAS, grit cyclones are directly connected to grit washing and dewatering units must therefore be supplied by same supplier as grit washing and dewatering systems; and WHEREAS, the grit washing and dewatering systems are a critical component of the design to produce a cleaner and drier grit product while minimizing odor generation; and WHEREAS, the grit washer and dewatering system manufactured by Huber Technology (Huber) is the only system that can produce the required grit product quality; and OCSD 20-06-1 WHEREAS, the grit washer and dewatering system manufactured by Huber is the only system that generates such low strength odors that the required air exchange rate within the building housing the system can be substantially reduced; and WHEREAS, the lower required air flow rate within the building housing the system results in substantial life cycle cost savings compared to competing systems; and NOW, THEREFORE, in consideration thereof, the Board of Directors of the Orange County Sanitation District, does hereby resolve, declare, determine, and order as follows: Section 1: All of the recitals herein contained are true and correct. Section 2: Huber is the only manufacturer of a grit washing and dewatering system that can produce a cleaner, drier grit product and requires a much lower building air flow rate resulting in large life-cycle cost savings for odor control. Section 3: COANDA Grit Washer, Model RoSF4, Size II, by Huber, in the size of 250 gallon per minute and cyclones as provided by Huber in the size of 650 gallon per minute is a necessary component of the Project design and is only available from one source. Section 4: The COANDA Grit Washer manufactured by Huber and grit cyclones as provided by Huber meeting the Sanitation District's needs shall be specified by name in the invitation for bids for the Project. Section 5: This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a regular meeting of the Board of Directors held on July 22, 2020. David John Shawver Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OCSD 20-06-2 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 20-06 was passed and adopted at a regular meeting of said Board on the 22nd day of July 2020, 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 22nd day of July 2020. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OCSD 20-06-3 Sole Source for Grit Washing & Dewatering System Headworks Rehabilitation Project- P1 -105 AM Kathy Millea, Director of Engineering MM MEN Operations Committee July 1 , 2020 o�N�y S A N I rq T�O� .� / iUCTIUYN SAYlR Q /' CN c T . -O h ACK � �^ O\ MAcN , Headworks Rehabilitation isZA M.-Plant No . 1 -.1 VA MIL Steve Anderson Construction Cost: $293 million Lift Station Wastehau 3 Sunflower r�o� 3 C Nu1 W Oy 0 ¢\b DJa x H eadworks Advertise for Bids: Sept 2020 T^ A� NC CP0 Roomical G G Construction Duration: 6.5 years AQa m S �R oo ia\� \Ne rl GF¢G Yle a�' a0 0 \ Tunnel Fa 1 Power Building 3A Power a Building 3 o r¢ta � 3 C � N Dj v New Headworks Rehab of Standby Power Building Existing Headworks Rehabilitation isZA M.-Plant No . 1 -.1 VA OIL Steve Anderson Construction Cost: $293 million Lift Station Grit Wastehau Sunflower r�o� 3 Pump <� po Station Handling o \b ��a x Building ����¢ Advertise for Bids: Sept 2020 �^ Headworks A e�s�Po Roomical J\0��9 Construction Duration: 6.5 years ac � ootiv,G^r 4� 5G0i\gR\ao ° FGr¢o ci°ll"¢, ir o°a�ot F ao o \ Tunnel Fa 1 Power Building 3A Power a Building 3 o r¢ta � 3 C � N Dj v New Headworks Rehab of Standby Power Building Existing Zs Grit Removal Facilities Influent Wastewater Aerated Grit Chambers Containing Grit Grit Classifying 5-s $ El t t. S Grit Bin 4 Existing Grit Handling acilities in Poor ConditionA" 1 • Obsolete mechanical equipment • Grit has high organic and water content • Poor grit capture ` l _ 1 X Grit Washing Evaluation -_ 4 Extensive studies performed : • Existing grit system performance • Grit characterization • Grit washing technologies J • Odor control requirements • Life cycle cost analysis Recommendation : • Sole Source Huber COAN DA grit classifier ..... ole Source Justification ' ' ►�` ' • Cleaner grit = lower foul air flow T - ' , • Cleaner grit = lower disposal costs • Cleaner grit = more reusable solids capture • $3 million lower life cycle cost than J conventional grit classifier facility • No other high-performance grit handling system found � r Y rr i • $2.3 million pricing commitment from supplier. Verified as reasonable for similar installations d Pro osed Grit Handlin Buildin �.y �� p J g Built Around S ecific E ui ment �.� p q p DRAIN PIPE(TYPI Building - and mezzanine Ground floor GRIT WA HER(TYP) i Building ventilated to Associated grit odor c• • Recommended ActionWit Adopt Resolution No. OCSD 20-XX entitled , "A Resolution of the Board of Directors of the Orange County Sanitation District, making findings pursuant to Public Contracts Code Section 3400 in support of the sole source specification of Huber Technology for grit washing and dewatering systems for Headworks Rehabilitation at Plant No. 1 , Project No. P1 -105". 4JN1 v S A N I rq Troy ` 9 Q t c o -a 90 2 fcl/N THE 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 #: 2020-1156 Agenda Date: 7/22/2020 Agenda Item No: 11. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: A-SIDE PRIMARY TREATMENT CLARIFIERS REPLACEMENT AT PLANT NO. 2, PROJECT NO. P2-98A GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Adopt Resolution No. OCSD 20-07 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District, making findings pursuant to Public Contract Code Section 3400 in support of the Sole Source Specification of Hallsten Corporation, manufacturer of Truss Supported Flat Aluminum Covers for A-Side Primary Clarifiers Replacement at Plant No. 2, Project No. P2-98A, as part of Primary Treatment Rehabilitation at Plant No. 2, Project No. P2-98". BACKGROUND Orange County Sanitation District's (Sanitation District) primary clarifiers are used to remove suspended solids before biological treatment and can be a significant source of odors. The existing primary treatment system at Plant No. 2 consists of 14 circular clarifiers. The clarifiers are covered with geodesic domes to capture foul air for treatment at two large foul air treatment facilities. A-Side Primary Clarifiers Replacement at Plant No. 2, Project No. P2-98A, will demolish four existing primary clarifiers, a power building, and an air treatment facility, and will construct four new primary clarifiers with flat covers, a new odor control and chemical facility, a new electrical distribution center building, and ancillary facilities and utilities. RELEVANT STANDARDS • Ensure the public's money is wisely spent • Comply with Public Contract Code Section 3400 • Comply with OCSD Policy - Purchasing Ordinance No. OCSD-52, Section 1.07.A Sole Source Procurement PROBLEM The primary clarifiers must be covered to capture foul air. Operations staff, however, need access to the water surface for visual observation and to take daily samples. The two options for the cover are Orange County Sanitation District Page 1 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1156 Agenda Date: 7/22/2020 Agenda Item No: 11. a dome and a flat cover system. With dome covers, operations staff must walk into the dome, which requires a minimum level of ventilation. The higher air flow requires larger foul air treatment facilities. Flat covers do not require staff entry, so ventilation and foul air treatment requirements are much lower. To provide access to the water surface, however, hinged panels are required. The design consultant and staff have completed an extensive evaluation of cover options by reviewing similar projects, site visits of other facilities, and literature research. Flat covers have the lowest life cycle cost because they require the smallest amount of air volume to be treated through an odor control system. The design consultant and staff met with several flat cover manufacturers and determined that Hallsten Corporation (Hallsten) is the only manufacturer that has a proven configuration to provide hinged panels over the entire clarifier water surface. Other manufacturers' systems allow for individual panels to be lifted and removed, but not with a hinge in all areas. For access, each panel must be unscrewed from their supporting trusses prior to removal. Hallsten's cover system utilizes a unique patented hinge arrangement that can be applied to every panel of the cover system, thereby allowing for all panels to be openable by a single person. PROPOSED SOLUTION Adopt a resolution supporting the sole sourcing of the flat cover system as provided by Hallsten. Hallsten has committed to furnish the materials for approximately $5.3 million. The design consultant and staff have reviewed cost information provided by Hallsten from other projects and have concluded that the proposed cost is fair and reasonable. TIMING CONCERNS Without this sole source approval, staff cannot advertise this project for bids. That would delay the start of construction and potentially result in construction cost escalation. RAMIFICATIONS OF NOT TAKING ACTION Not selecting Hallsten as a sole source manufacturer will require the specifications be modified to allow other flat cover systems to bid. This would likely result in a flat cover system that does not have full access to the water surface, which would significantly impair the ability of the operations staff to monitor and optimize the performance of the clarifiers. There may also be safety implications if staff attempt to open panels without appropriate hinging. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A Orange County Sanitation District Page 2 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1156 Agenda Date: 7/22/2020 Agenda Item No: 11. CEQA The project is exempt from CEQA under the Class 2 categorical exemptions set forth in California Code of Regulations sections 15302 because the project involves replacement or reconstruction of existing structures and facilities where the new structure replaced will have substantially the same purpose and capacity as the structure replaced. A Notice of Exemption was filed with the OC Clerk- Recorder on April 26, 2018 and the Sanitation District's Board of Directors approved the Professional Services Design Agreement on July 7, 2016. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted (Adopted Budget Fiscal Years 2020-2021 and 2021-2022, Section 8, Page 82) and the 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: • Resolution No. OCSD 20-07 • 7/1/2020 Operations Committee PowerPoint Presentation SN:dm:gc Orange County Sanitation District Page 3 of 3 Printed on 7/15/2020 powered by LegistarT" RESOLUTION NO. OCSD 20-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT, MAKING FINDINGS PURSUANT TO PUBLIC CONTRACT CODE SECTION 3400 IN SUPPORT OF THE SOLE SOURCE SPECIFICATION OF HALLSTEN CORPORATION, MANUFACTURER OF TRUSS SUPPORTED FLAT ALUMINUM COVERS FOR A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT NO. 2, PROJECT NO. P2-98A, AS PART OF PRIMARY TREATMENT REHABILITATION AT PLANT NO. 2, PROJECT NO. P2-98 WHEREAS, the Orange County Sanitation District (Sanitation District) is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code Section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, Public Contract Code Section 3400 provides that local agencies may describe in the invitation for bids or request for proposals that a particular material, product, thing or service is designated by specific brand or trade name if the awarding authority, or its designee, finds that the product is designated "in order to obtain a necessary item that is only available from one source"; and WHEREAS, Public Contract Code Section 3400 establishes that an item is available from only one source if there is not an "equal" product, meaning a product that will "function as well, in all essential respects" as the designated product; and WHEREAS, Black and Veatch, the Sanitation District's Design Consultant is finalizing the plans and specification for the A-Side Primary Clarifiers Replacement at Plant No. 2, Contract No. P2-98A ("Project"); and WHEREAS, the design of the Project includes a truss-supported flat cover system for four new circular primary clarifiers to capture odor; and WHEREAS, operation of the primary clarifiers requires full access to the water surface for visual observations and sample collection; and WHEREAS, based on extensive research, and investigation, Sanitation District staff has determined that Hallsten Corporation (Hallsten) is the only manufacturer of a truss-supported flat cover system the provides full access to the clarifier water surface using hinged covers. NOW, THEREFORE, in consideration thereof, the Board of Directors of the Orange County Sanitation District, does hereby resolve, declare, determine, and order as follows: OCSD 20-07-1 Section 1: All of the recitals herein contained are true and correct. Section 2: Hallsten is the only manufacturer that has produced a proven truss supported flat cover system meeting the Sanitation District's needs. Section 3: The truss-support flat cover system as manufactured by Hallsten is a necessary component of the Project design and is only available from one source. Section 4: The flat cover system as manufactured by Hallsten meeting the Sanitation District's needs shall be specified by name in the invitation for bids for the Project. Section 5: This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a regular meeting held on July 22, 2020. David John Shawver Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OCSD 20-07-2 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 20-07 was passed and adopted at a regular meeting of said Board on the 22nd day of July 2020, 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 22nd day of July 2020. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OCSD 20-07-3 =� Sole Source 1 - for Primary Clarifier 16 a�r ! Covers A-Side Primary Clarifiers Replacement at Plant No. 2, Project No. P2-98A Kathy Millea, Director of Engineering �- Operations Committee July 1 , 2020 r o�N. y S A N I r q;,/0� cc .� / iUCTI.YN SAYlR Q /' CN -O h 1[�AC� C A=Side Primary Clarifiers i i IN Replacement at Plant No . 2 Y �11. 4iya�i idth Construction Cost: $132 million l �g3 Advertise for Bids: December 2020 ` Construction Duration: 5 yearsIC ' 77 0ol ZI -. � �I� ,� or-- ���j a-t.- • r Existing Clarifier Dome Cover Diameter 140 feet Height 21 feet i , �� aamu® _ - Operator Access I I21 i 19, ;z - 1 Operator Access 'f I1 ' � t ' r 1 J� ' • f t r ►ttitr.� I 1 .41 Cover Opt 'ion WTI is Geodesic Dome (Conventional) Flat Truss Supported T • Allows staff entry • No staff entry • Larger ventilation rate = • Lower ventilation rate = smaller larger odor control facility odor control facility • Decreased worker exposure to gases or vapors • Hinged panels are required tw a .l W fC Ln oil �.y a� ■ C M `E `t r t 7E r 0 m 1 Od ��• � C +r ■� 2 C M E dw O O ' o 0 9 9 0 0 C' ZA Cover Evaluation -LI • O&M activities and requirements • Operators' visual access to water surface • Ventilation rates with/without required entry • Longer equipment life outside enclosed space • Visited other facilities • Conclusion : • Flat covers offer $52 million savings due to reduced ventilation • Flat covers must offer hinged panels for operator observation %I�K.-0�2 k ..... ole Source Justification0' 7- ML • Request for Information sent to flat cover suppliers • Only Hallsten offers 80-90% of panels to be hinged . • Hallsten has a proven, patented hinged panel. • One supplier only offers 20-30% of panels hinged 1• One supplier offers only raised hatch panels - • Others require panels to be unscrewed and lifted • $5.3 million pricing commitment from Halsten. Verified as reasonable based on pricing of similar installations 11 f irk, i L �t y pl .Rs pr Recommended Actis Adopt Resolution No. OCSD 20-XX entitled , "A Resolution of the Board of Directors of the Orange County Sanitation District, making findings pursuant to Public Contract Code Section 3400 in support of the Sole Source Specification of Hallsten Corporation , manufacturer of Truss Supported Flat Aluminum Covers for A-Side Primary Clarifiers Replacement at Plant No. 2, Project No. P2-98A, as part of Primary Treatment Rehabilitation at Plant No. 2, Project No. P2-9877 . 4JN1 v S A N I rq Troy ` 9 Q t c o -a 90 2 cl/N 7HE ENV\e'o 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 #: 2020-1159 Agenda Date: 7/22/2020 Agenda Item No: 12. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: TPAD DIGESTER FACILITY AT PLANT NO. 2, PROJECT NO. 132-128 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Approve a Professional Design Services Agreement with Brown and Caldwell to provide engineering services for Temperature Phased Anaerobic Digestion (TPAD) Digester Facility at Plant No. 2, Project No. P2-128, for an amount not to exceed $39,300,000; and B. Approve a contingency of $3,930,000 (10%). BACKGROUND Sludge is a byproduct of wastewater treatment that requires further processing to reduce pathogens and volatile organic carbon content so the remaining material can be beneficially reused in compliance with state and federal requirements. The Orange County Sanitation District (Sanitation District) uses anaerobic digesters at both plants to stabilize sludge prior to dewatering. Anaerobic digesters are large enclosed concrete structures that require pumping, mixing, heating, and gas handling systems. Anaerobic digesters also generate methane gas used to produce power and heat. The Sanitation District has 18 digesters at Plant No. 2 that were built from 1959 through 1979. In 2017, the Sanitation District completed a comprehensive Biosolids Master Plan that provided a roadmap and framework for sustainable and cost-effective biosolids management options. The study recommended upgrading the existing digester complex by adding Temperature Phased Anerobic Digestion (TPAD) facilities including new thermophilic digesters and batch tanks, and refurbishing some existing digesters as the most resilient, lowest lifecycle cost. RELEVANT STANDARDS • 24/7/365 treatment plant reliability • Safe, beneficial reuse of Biosolids • Use all practical and effective means for resource recovery • Comply with Government Code Section 4526: Select the "best qualified firm" and "negotiate" Orange County Sanitation District Page 1 of 5 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1159 Agenda Date: 7/22/2020 Agenda Item No: 12. PROBLEM The existing digesters at Plant No. 2 are over 40 years old and are reaching the end of their life and are not seismically sound. The existing facilities cannot produce Class A biosolids which would allow greater flexibility for biosolids reuse. Per the 2017 Biosolids Master Plan, some of these digesters should be replaced by a TPAD digester facility, and a design consultant is required to prepare the design. PROPOSED SOLUTION Award a Professional Design Services Agreement for TPAD Digester Facility at Plant No. 2, Project No. P2-128. The new facilities will include a new Digester Feed Facility, thermophilic digesters, batch tanks, heating, cooling, and associated interconnecting pump stations. This facility will produce Class A biosolids and mitigate existing seismic risks. TIMING CONCERNS If this project is delayed, the Sanitation District will continue to operate with less reliable digesters and continued seismic risk. Due to escalation, each one-month delay could result in approximately $1 million higher construction costs. RAMIFICATIONS OF NOT TAKING ACTION A seismic event could lead to failures and limit the Sanitation District's ability to process sludge and could result in more costly repairs in the future. The existing digesters will need costly, extensive rehabilitation and soil stabilization to ensure the Sanitation District has reliable digesters for the future. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Consultant Selection: During the Biosolids Master Plan development, Sanitation District staff realized that the pool of design consultants qualified and able to complete such a large project could be more limited than on smaller projects. Beginning in 2017, the Sanitation District included the project on its monthly Design Request for Proposal (RFP) Schedule, which is published to the external ocsd.com website. Beginning June 2019, the Sanitation District began reaching out to consultants to invite them to meet with staff to discuss the projects goals, objectives, and challenges. Two teams of two consulting firms accepted offers to meet with the Sanitation District to discuss the upcoming project. The Sanitation District requested and advertised for proposals for TPAD Digester Facility at Plant No. 2, Project No. P2-128, on January 22, 2020. The following evaluation criterion were described in the RFP and used to determine the most qualified Consultant. Orange County Sanitation District Page 2 of 5 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1159 Agenda Date: 7/22/2020 Agenda Item No: 12. CRITERION WEIGHT Project Understanding and Approach 35% Related Project Experience 30% Project Team and Staff Qualifications 35% A few weeks before proposals were due, the Sanitation District learned that one of the teams that had previously met with the Sanitation District was no longer planning to submit a proposal. Staff then reached out to all the consultants who had downloaded the RFP with a questionnaire about their intention to bid. • Two firms confirmed that they will be proposing together as a team. • One firm had planned to submit as a major subconsultant to the firm who had decided not to submit. At that point, it was much too late to assemble a complete team and prepare a proposal. • Two firms felt they did not have a high enough probability of winning to justify the cost and effort to propose. • Two firms said they did not have the team available to propose on a such a large project. • One firm already has a Sanitation District large contract and did not want to have this project conflict. • One firm said they ran out of time after trying for months to put a team together. • The three other firms did not respond to staff's attempts to contact them. The Sanitation District considered the feedback and concluded that extending the proposal due date would not likely result in additional proposals and the impact to the project schedule and associated construction escalation costs would be greater than the risk of only receiving one proposal. One proposal was received on March 11, 2020 and evaluated in accordance with the evaluation process set forth in the Sanitation District's Purchasing Ordinance by a pre-selected Evaluation Team consisting of the following Sanitation District staff: Senior Engineer (Project Manager), three Engineering Managers, and one Operations Manager. The Evaluation Team also included one non-voting representative from the Contracts Administration Division and eight non-voting technical advisors from Sanitation District staff. The Evaluation Team scored the proposal on the established criterion as summarized in the table below: Orange County Sanitation District Page 3 of 5 Printed on 7/15/2020 powered by LegistarT" File #: 2020-1159 Agenda Date: 7/22/2020 Agenda Item No: 12. Criterion Maximum Score Brown and Caldwell Approach 35 32 Related Experience 30 28 Team 135 33 Total Score 1100 193 7d The proposal demonstrated that Brown and Caldwell has a very clear understanding of the project, including the drivers, issues, and risks. The proposal also demonstrated an effective plan on how to execute the project and design a resilient, optimized facility on schedule. Contacting other agencies listed as references indicated that those agencies had very high opinions of the work that was done and the professionalism of Brown and Caldwell's team. The proposed team on this project is highly qualified and the work elements are being split between multiple highly experienced project engineers, which further demonstrates Brown and Caldwell's understanding of what the job will require to be successful. Therefore, all members of the Evaluation Team recommended selecting Brown and Caldwell without conducting interviews. Review of Fee Proposal and Negotiations: The proposal was accompanied by sealed fee proposals. In accordance with the Purchasing Ordinance, the fee proposal was opened only after approval by the Director of Engineering of the Evaluation Committee's recommendation. Staff conducted negotiations with Brown and Caldwell 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. During the first three weeks of negotiations, the Sanitation District met with Brown and Caldwell in eight separate three-hour meetings to confirm in detail the level of effort required to complete the project elements. In addition, focused negotiation meetings were held to provide highly detailed reviews of the project elements and fee. In total, the team met over 20 times with over 50 hours of meetings to conclude negotiations. These meetings allowed the Sanitation District to confirm that the final level of effort and fee truly fit the project requirements. Original Fee Negotiated Fee Proposal Total Hours 191,567 185,663 Total Fee $39,810,783 $39,300,000 The Consultant's fringe and overhead costs, which factor into the billing rate, have been substantiated. The contract profit is 5%, which is based on an established formula based on the Sanitation District's standard design agreements. Orange County Sanitation District Page 4 of 5 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1159 Agenda Date: 7/22/2020 Agenda Item No: 12. 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 Brown and Caldwell. CEQA This project is included in the Sanitation Districts' Biosolids Master Plan CEQA Program Environmental Impact Report, which was adopted by the Board on June 27, 2018. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted, (Adopted Budget, Fiscal Year 2020-2021 and 2021-2022, Section 8, Page 74) 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 • 7/1/2020 Operations Committee PowerPoint Presentation VR:dm:gc Orange County Sanitation District Page 5 of 5 Printed on 7/15/2020 powered by LegistarT" PROFESSIONAL DESIGN SERVICES AGREEMENT THIS AGREEMENT, is made and entered into to be effective the 22nd day of July, 2020, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION DISTRICT", and BROWN AND CALDWELL, for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for TPAD Digester Facility at Plant No. 2, Project No. P2-128; and to provide Design services for new thermophilic digesters; batch tanks; new supporting facilities including a new digester feed facility, heating and cooling facilities; and a new Power Building at Plant No. 2; 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 July 22, 2020, the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee 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 perform its work in accordance with engineering standards in effect 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 comments PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 1 of 20 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 45 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. PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 2 of 20 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. G. The SANITATION DISTRICT acknowledges that construction estimates, financial analyses and feasibility projections are subject to many influences including, but not limited to, price of labor and materials, unknown or latent conditions of existing equipment or structures, and time or quality of performance by third parties. The SANITATION DISTRICT acknowledges that such influences may not be precisely forecasted and are beyond the control of CONSULTANT and that actual costs incurred may vary substantially from the estimates prepared by CONSULTANT. CONSULTANT does not warrant or guarantee the accuracy of construction or development cost estimates. The SANITATION DISTRICT shall furnish the CONSULTANT available studies, reports and other data pertinent to the CONSULTANT's service; obtain or authorize the CONSULTANT to obtain or provide additional reports and data as required; furnish to the CONSULTANT services of others required for the performance of the CONSULTANT's services hereunder, and the CONSULTANT shall be entitled to use and rely upon all such information and services provided by the SANITATION DISTRICT or others in performing the CONSULTANT's services under this AGREEMENT. 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 Thirty-nine Million, Three Hundred Thousand Dollars ($39,300,000). 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. PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 3 of 20 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 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. PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 4 of 20 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 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. PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 5 of 20 Travel Meals— Per-diem rates as approved by IRS shall be utilized for travel meal 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. 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. PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 6 of 20 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. PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 7 of 20 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. 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 PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 8 of 20 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. 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: Five million Dollars ($5,000,000) per occurrence with Ten Million Dollars ($10,000,000) aggregate unless aggregate applies separately to this project (via use of ISO CG 25 03 or 25 04), then aggregate limit = $ 5 Million (i.e.; '/2 the general aggregate). Said insurance shall include coverage for the following hazards: Premises-Operations Ten Million Dollars ($10,000,000) aggregate for products liability/completed operations (including any product manufactured or assembled), broad form property damage, contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, vicarious PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 9 of 20 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 Once Million Dollars ($1,000,000) with Two Million ($2,000,000) aggregate 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. PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 10 of 20 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 Ten Million Dollars ($10,000,000) 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 certificates 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. CONSULTANT shall provide the SANITATION DISTRICT with copies of its insurance certificates and amendatory endorsements affecting coverage. Confidential information may be redacted from said certificates, provided that verification of coverage, name of carriers and agent/broker may not be redacted. Said certificates and endorsements shall conform to the requirements herein stated. The following are approved forms that must be submitted as proof of coverage: • Certificate of Insurance ACORD Form 25 (5/2010) or equivalent. PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 11 of 20 • Additional Insurance (ISO Form) CG2010 11 85 or (General Liability) The combination of (ISO Forms) CG 2010 1001 and CG 2037 1001 or equivalent 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 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. PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 12 of 20 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. The SANITATION DISTRICT will not invoke the option expressed in this paragraph unless it has reasonable cause to question CONSULTANT's financial strength. N. Defense Costs Liability policies (except Errors and Omissions/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. Nothing in this section, however, requires CONSULTANT in the absence of litigation to reveal its Errors and Omissions/Professional Liability limits beyond that required above in Section 7. 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. PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 13 of 20 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. 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 PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 14 of 20 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: Natasha Dubrovski, Contracts Supervisor Copy: Valerie Ratto, Project Manager Notices shall be mailed to CONSULTANT at: BROWN AND CALDWELL 18500 Von Karman Avenue, Suite 1100 Irvine, CA 92612 Attention: Dan Bunce, PE 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. PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 15 of 20 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 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, PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 16 of 20 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 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 PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 17 of 20 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 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 SANITATION 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 PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 18 of 20 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. 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. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 19 of 20 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: BROWN AND CALDWELL 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 Attached Attachment "C"— Not Attached Attachment "D"—Allowable Direct Costs Attachment "E" — Fee Proposal Attachment "F" — Not Attached Attachment "G"— Not Attached Attachment "H"— Not Attached Attachment "I"— Cost Matrix & Summary Attachment "J"— Not Attached Attachment "K" — Minor Subconsultant Hourly Rate Schedule Attachment "L" — OCSD Safety Standards PDSA PROJECT NO. P2-128 Revised 072619 TPAD Digester Facility at Plant No. 2 Page 20 of 20 Temperature Phased Anaerobic Digestion (TPAD) Digester Facility at Plant No . 2 Project No. P 2- 12 8 �M- Y M `; Kathy Millea, Director of Engineering MM MMI Operations Committee July 1 , 2020 o�N�y S A N I rq T�O� cc .� / iUCTIUYN SAYlR Q /' CN -O h KA�cW THE ENv\� � s an ears o annin - , . Biosolids Plan Project � � ; `a JUNE27,2018 --. �I _ • �a�cans ..caea� Seismic • BIOSOLIDS MASTER PLAN CIP .Budget Condition �. :v Solids Treatment9. • • �: - —What Makes Up ==WWI Digesters Dewatering _ • Solids Storage Truck Loading ` - • Dissolved Air Flotation Thickeners ( DAFTs) •Op•i 1 J ZA Status of el. •\ %: = 18 Digesters r ` r /' • 40-60 years old _ • Generally poor condition • Seismic deficiencies can not be cost effectively addressed ♦ ` 4 Anaerobic Di estion is the y. g Core of Sol ids Treatment Digested SludgeRaw Raw Sewage Sludge Digesters . • • • r; naero � c es ion r� digesters) • digesters) Height v • � P � ��i���1 ,`r AIL �� _ y naero � c es ion Digested Sludge 1Sludge 1 Biological W R • •Digester Temperature * , ` 00 O • t r Market + Tech polo Alternative y. gy Combinations Evaluated - Technology Base Product Final Product End Use Evaluation Class B Caloe- �`° — Onsite Agriculture Product Farm - Lang+ Digesters ( ) Technolo ies Application Class A— Cak�a•- (Bulk) Product O n_ ,e r y Class A CalaP- Tec' �. :es BaseProduc� Dry Pellot5 Horticulture - (Onsite— Dry+Qr� Bulk Use (landscape, Vegetables, Compost# Plants, etc.) Dry Pellets � (Offsite— Dr�er Soil Blend's / ., %I�K.-0�2 k Market + Technology Alternative a IN Combinations Evaluated 41 _ . 26 combinations of processing and products with end use 1, 1,000 800 a 600 z 400 200 0 c? yO 5� yQ' S� yQ' 00 5� yO yP yP yP yP yP yP yP eQ' yO eP hP tiP ayay c� c� c� c� c� c� c� c� c? c� c� c� c� c? c? c� c� c� c� QO, QO" QO, �O. ALT 10 r j ry Class A Digester Complex 20myr CIP Plan x I Lj P2-132 P2-tS2 P2-1S2 - P2-1S2 -a '» P2-125- PERIMETER SCREENING P2-131 P2-1xt Pz-1S2 _ �2P2-13 P2-124- INTERIM FOOD WASTE FACILITY —QI24 . , 2 2-129 , ' - -' P2-126. RELOCATION OF WAREHOUSE ' P2-121: RELOCATION OF COLLECTIONS P2-131 i PZ-131 P2-131 J-114 I J 124 YARD P2-128: NEW TPAD DIGESTERS �• P2-128 P2-191 ;' M-131 , P2-131 P 2-128: CLASS A BATCH TANKS P2-1ze ' ' " P2-128- THICKENED SLUDGE FEED s ....... FACILITY 2 P2-128: RELOCATE FERRIC CHLORIDE <7 P24" P2-1M P2-1" P2,29 FACILITY ��— ---- ----- P2-129- REPLACE DIGESTERS P, Q, R, S �_,�, 1 P2-130: UTLIMATE FOOD WASTE min 1 FACILITY P2-1n P2-131: REPLACE DIGESTER HOLDERS min P2-12a MIN (I. J B K) P2-128 �, P2128 j P2-132- MESO DIGESTER DEMOLITION min 1 X032- TRUCK LOADING REHABILITATION 1 I I P2-iZT Pz-,za � � 11 2017 Biosol ids Master Plan �-y. � N m m 018 019 O 202 202 202 202 IEEE 202 O 203 2032 03 03 O 03 203 203 203 Plant No.2 Digester Facilities Rehabilitation Interim Food Waste Receiving Facility Plant 2 Southwest Perimeter Screening Plant 2 Collections Yard Relocation Plant 2 Warehouse Relocation TPAD Digester Facility at Plant 2 Digester P,Q R, and S Replacement Digester I,J,and K Replacement Food Waste Receiving Facility at Plant 2 Digester Demolition at Plant 2 Graphicfrom: • • • • -ct SP15-01 Information • • . • Operations Committee, April 5, 2017 L Temperature Phased Anaerobic Ir W.T i lr+t Digestion (TP D) j • High pathogen kill / Class A capable • Increased solids destruction and gas production • Increased process complexity 131 ° F416, 98 ° F —� j Batch Tanks Thermophilic Mesophilic digestion digestion glum, ass vs ass M: Digested Sludge •�'-'''�%%%!off ���as� Sludge i • • • Digester Gas Temperature Time �� Class vs Class B Class B Biosolids «xisting) Class A Biosolids (Proposed) • Mesophilic Digestion (98 deg) Thermophilic Digestion (131 deg) • 15 days 24-hour hold time in batch tanks • Key Reuse Options Key Reuse Options • Non-Food Crop Application (Arizona, not California) • Food Crop Application • Feed to compost (California, Arizona) • Landscaping amendments • Feed to compost 15 • r . s �. N•�.•...,,�, �•_`;�� - � y,.,j, �'�-- iris `� -�_ bra: `�'4l, . � �•<��/ii3 ='"�....���C, �•'�'` h .t �„� It ` 1 ��' �-a •s � ., _ •` 4 I . i:, dpll I I, L "AT AV Ilk h V Ie ;I (� C i gg Class A TPAD --y Diqester Com lex FIR 19 21 41 18 r 7' z� �F r t . :.tyre R Z ♦r+n� .. �'hv Class A TPAD --y Diqester Complex ; r-- I W _ 'F!'1w _ � ,. _- ,. ,, - .W 19 Class A TPADy Digester Complex -_ 1. Perimeter Screening 2. Digester Feed Facility 3. DFF Odor Control - 2 3 4. Thermophilic Digesters - -_ � -�- 5. Boiler Facility 6. Emergency Overflow System 7. Class A Batch Tanks 8. Sludge Cooling 9. Power Building 4 5 RIM 1 / 20 9` ; M" Selection Process ZA Design Services Request For Proposal Activity-January 24, 2017 Project Name Mad PSA Project Manager Scope Construction RFP Estimate P2-123 Return Activated Sludge Piping Mar-2017 Rich Leon This project will replace return activated sludge piping at the Plant 2 Oxygen Activated Sludge Plant $5,000,000 lacement at t 2 from the dary Clanfien;to the RAS Pumps. • Jan 2017 P22--122 Headworks nModifications at Plant 2 for Jan-2017 Shahrzad Namini Modify Plant 2nas needed to provide separate treatment for flow streams that are not currently suitable $25,300,10W GWRS Final Expansion as source water for GWRS. J-124 Digester Gas Facilities Rehabilitation Mar-2017 Victoria Pilko The project will modify,rehabilitate,and repair digester gas handling facilities at both Plant 1 and Plant $53.400.000 2.Facilities affected include low pressure gas vents on all oigesters,new gas compressors and Start of Consultant pryers and a low pressure gas flare system to replace the existing high pressure system with a low pressure system.Sections of the gas Dieing need modification to manage condensation and corrosion. The work may include replacement of the existing gas compressor buildings at both plants,but at Plant 1,a temporary gas compressor facility may be needed to allow reuse of the existing gas compressor building. outreacheffort 5-67 Bay Bridge Pump Station and Forcemain May-2017 Adam Naxarolf This project will replace and potentially relocate the existing Bay Bridge Pump Station.The Bay Bridge $26,500,000 Replacement force mains from the pump station to the west side of Upper Newport Bay will also be replaced and the size increased. 7-65 Gisler-Red Hill Interceptor Jan-2018 Wendy Smith This project will rehabilitate the Gisler Redhill Interceptor from a diversion manhole near the Main $9,600,000 Rehabilitation Street Pump Station to the College Avenue Pump Staton.The protect is expected to line or repair 38 manholes antl roximate 15 000 feet of VCP sewer in Costa Mesa. 1-101 Rain and Bristol Street Sewer Extension Jan-2018 Wendy Smith This project will replace 2,360 linear feet of 21-inch City of Santa Ana sewer with a 24inch Sanitation $7,800,000 Districts sewer line and a parallel 8-inch City of Santa Ana sewer line to allow for redirecting all house lateral connections-The sewer line is located along Myrtle Street.between Rain and Bristol Streets in the City of Santa Ana-The project also includes rehabilitating 910 feet of 18-nch VCP,7,075 feel of 21- inch VCP,and 2,570 feet of 24-inch VCP pipe and associated manholes in Bristol Street and Ram Street. • Jan 2020 P2-128 Digester Process Upgrades at Plant 2 Aug-2017 Jeff Mohr This project is the largest of a set of related projects to replace the mesophilic anaerobic digesters at $260,000,000 Plant 2 with new digesters in a temperature-phased anaerobic digester(TPAD)configuration-This project will include six new themophilic digesters,batch tanks,coding facilities,and associated sludge pumping,digester mixing,power distribution,and controls.Replacement and demolition of existing i i esters will be includetl in a se rate ect. Advertisement 7£3 MacArthur Pump Station Rehabilitation Jan 2018 Wendy Smith This project will rehabilitate the existing Ma Pump Station farce man W and upstream gravity $4,700,O system pipeline and manholes(approximately 2,0 2,000 linear feet of flinch pipe and eight manholes). The existing station is located in the vicinity of John Wayne Airport in the City of Newport Beach.The work includes bringing the pump station into compliance with the latest applicable electrical and safety codes and replacing maintenance-intensive pumps.700 feet of the nearby Von Kaman Trunk Sewer (located in Campus Drive north of me pump station)will also be upsized as part of this project.The sewer,which is a 12-inch vitrified clay pipe(VCP),will be upsizeo to 15-inch in diameter, 2-73 Yorba Linda Pump Station Abandonment Fetr2018 Wendy Smith This project will abandon the Yorba Linda Pump Station and downstream force main-Gravity sewers $3,800,000 located in Yorba Linda Boulevard will also be reconfigured to improve access to the facilities for maintenance.Flows which are currently being pumped by the Yorba Linda Pump Station east will be conveyed by gravity,through the newly upsized Newhope-Placentia Trunk located in State College Boulevard to the west. 21 �k.. election Process • February 2020 - Preproposal Survey - • Two major firms teamed ' _ • One team dropped last ® - minute - • Other firms had insufficient resources - • March 2020 - ..,�.•- ....�.-•• R One Proposal Received 22 :v Brown and Caldwell ' sPr opaaaLAL. 1 ;ter. • Exceptionally strong team • very clear understanding • Effective plan to execute the project • Directly related experience • Team includes 13 Subconsultants (49% of Fee) — BLACK&VEATCH Ck ALTA BGB DESIGN GROUP • at Plant ENVIRONMENTAL - - [ bantlscape ArcbitecWre Planning Urban Design AN N V J COMPANY -- a next-generation C� CORROSION PROBE,INC. KDM hJhq htlRlln;�N moffatt & nichol digester facility ) (K/NFELOER JENSEN HUGHES �- Ad--,g the S —,of S,fety y �w r r FSA `q 2 AIity vu J engineers 1� Negotiations I a-„ Original Proposal Negotiated Total Hours 191 ,567 185,663 Total Fee $3%810,783 $395300,000 • Over 20 meetings held with Consultant with over 50 hours to conclude negotiations • Clarified project elements and design assumptions • Ensured scope and level of effort are appropriate • Adjusted some tasks to improve design and reduce construction risks 1� Proj' ect r Preliminary UNDER CONSTRUCTION BIDS&RFPS f Board Award Preliminary Advertisement Construction Construction Design Complete for Bids Start Completion Jul 2020 May 2022 Nov 2024 Jun 2025 Nov 2030 Recommendation • Approve a Professional Design Services Agreement with Brown and Caldwell to provide engineering services for Temperature Phased Anaerobic Digestion (TPAD) Digester Facility at Plant No. 2 , Project No. P2- 128, for an amount not to exceed $39 ,300, 000 ; and • Approve a contingency of $3 ,930,000 ( 10%) . HSv 5ANIr r2 e rac O x 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 #: 2020-1161 Agenda Date: 7/22/2020 Agenda Item No: 13. FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: PROPERTY MANAGEMENT SERVICES FOR 18350 MT. LANGLEY STREET AND 18368-18375- 18381-18384 BANDILIER CIRCLE, FOUNTAIN VALLEY GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve Amendment No. 4 of the sole source agreement with The Muller Company for Property Management Services for 18350 Mt. Langley Street and 18368- 18375- 18381- 18384 Bandilier Circle in Fountain Valley for the period of September 1, 2020 through June 30, 2021 for a management fee of $3,200 per month plus other incurred expenses, including an additional renewal period of six months. BACKGROUND The Board of Directors has previously approved a sole source agreement with The Muller Company for property management services for buildings owned by the Orange County Sanitation District (Sanitation District) at 18350 Mt Langley Street and 18368-18375-18381-18384 Bandilier Circle in Fountain Valley. The properties are occupied by staff and commercial tenants with leases that expire in 2021 and 2023. The Sanitation District purchased these properties as part of the overall strategy to build Administration Building facilities and maximize process area. This strategy is not fully implemented as the Sanitation District is still working on obtaining building approvals. Once that process is complete, the Sanitation District will have a better vision of long-term property needs. Pending those decisions, the Sanitation District will require property management services. RELEVANT STANDARDS • Protect Orange County Sanitation Districts assets PROBLEM The Sanitation District owned properties have commercial tenants and there is a need to professionally manage them utilizing services such as maintenance, tenant relations, and repairs. At Orange County Sanitation District Page 1 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1161 Agenda Date: 7/22/2020 Agenda Item No: 13. present, the Sanitation District does not employ staff with this scope of commercial property expertise. PROPOSED SOLUTION Extend the current sole source property management contract until a permanent property management strategy has been developed. TIMING CONCERNS The current property management agreement expires on August 31, 2020. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District will lose continuity of care of the property and of services to tenants. PRIOR COMMITTEE/BOARD ACTIONS May 2019 - Approved Amendment No. 3 with The Muller Company for Property Management Services, to extend the services for twelve-months from September 1, 2019 through August 31, 2020 with all terms and provisions of the Agreement remaining unmodified and in full force and effect. February 2019 - By exercising the renewal option in Amendment No. 1, staff executed Amendment No. 2. September 2018 - Approved Amendment No. 1 with The Muller Company for Property Management Services, for an additional management fee of $3,293 per month plus other incurred expenses, for the addition of Sanitation District acquired properties on Bandilier Circle and Pacific Street including two additional renewal periods of six months each. February 2018 - Approved a sole source agreement with The Muller Company for Property Management Services, for the period of March 1, 2018 through August 31, 2018, for a management fee of $4,200 per month plus other incurred expenses, including two additional renewal periods of six months each. ADDITIONAL INFORMATION Monthly expenses for services such as utility bills and repair work vary month-to-month. All expenses will be reviewed and approved by Sanitation District staff. CEQA N/A FINANCIAL CONSIDERATIONS The property management costs will be offset by rents collected on the commercial leases. Orange County Sanitation District Page 2 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1161 Agenda Date: 7/22/2020 Agenda Item No: 13. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Amendment No. 4 Orange County Sanitation District Page 3 of 3 Printed on 7/15/2020 powered by LegistarTM AMENDMENT NO. 4 TO MANAGEMENT AGREEMENT This AMENDMENT NO. 4 TO MANAGEMENT AGREEMENT ("Amendment") is made and entered into effective as of June_2020, by and between ORANGE COUNTY SANITATION DISTRICT, a county sanitation district duly organized and existing pursuant to Section 4700 et. seq. of the Health & Safety Code of the State of California("Owner"), and THE MULLER COMPANY,LLC("Manager"). RECITALS : A. Owner and Manager entered into that certain Management Agreement dated as of February 28, 2018, Amendment No 1 dated August 28,2018,Amendment No 2 dated February 28,2019 and Amendment No 3 dated May 22, 2019 (collectively the "Agreement") pursuant to which Owner contracted with Manager to provide management services for 18350 Mount Langley, Fountain Valley, California, the "Property" and to provide management services for 18368, 18375, 18381, 18384, 18410, 18430, 18436 Bandilier Circle and 18429 Pacific Street,Fountain Valley, California,the"Additional Properties" . B. Except as otherwise set forth herein, all capitalized terms used in this Amendment shall have the same meaning given such terms in the Agreement. C. Owner and Manager desire to amend the Agreement to change the Expiration Date and change the Management Fee and Properties, as hereinafter provided. NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Parties agree to renew the Agreement for a ten(10) month term from September 1, 2020 through June 30,2021 ("Expiration Date"). 2. Parties agree to provide the Option to renew the Agreement for an additional six(6)month term from July 1, 2021 through December 31,2021 upon written notice. 3. The Agreement shall be reduced to exclude the management of the following: 18410, 18430, 18436 Bandilier Circle and 18429 Pacific Street,Fountain Valley("Reduction Properties") 4. Effective Date of Reduction Properties: September 1,2020 5. The parties hereby agree that the Owner shall pay to Manager, as compensation for Manager's management services, on a monthly basis, a management fee (the "Additional Properties Management Fee") in the amount equal to $0.05/psf/month for the actual Additional Properties in addition to the existing Management Fee in the Agreement for the Property. The square footage of the Additional Properties and Additional Properties Management Fee per each individual Additional Property is as follows: a. 18368 Bandilier Circle 6,000 sq.ft. $ 300.00/month b. 18375 Bandilier Circle 6,000 sq.ft. $ 300.00/month c. 18381 Bandilier Circle 6,000 sq.ft. $ 300.00/month d. 18384 Bandilier Circle 6,000 sq.ft. $ 300.00/month Total square footage: 24,000 @$0.05/psf/month= $ 1,200.00/month -1- 6. No Further Modification. Except as set forth in this Amendment No. 4, all of the terms and provisions of the Agreement shall remain unmodified and in full force and effect. IN WITNESS WHEREOF,this Amendment has been executed as of the day and year first above written. 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 THE MULLER COMPANY,LLC Dated: By: Jon M Muller,President IRS Employer's I.D.Number -2- oJ�1V 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 #: 2020-1162 Agenda Date: 7/22/2020 Agenda Item No: 14. FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: GENERAL MANAGER AUTHORITY TO TERMINATE LEASE AGREEMENTS AT 18350 MT. LANGLEY STREET AND 18368 BANDILIER CIRCLE, FOUNTAIN VALLEY GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Authorize the General Manager to terminate lease agreements at his discretion for the following tenants at 18350 Mt. Langley Street and 18368 Bandilier Circle in Fountain Valley, for the period of July 1, 2020 through June 30, 2021: Lessee Property Suites Expiration Kroll/On Track 18350 Mt. Langley Street 110 06/30/2021 Western Youth Services 18350 Mt. Langley Street 200, 206, 215, 220 05/30/2021 Atlantic-Pacific Processing 18350 Mt. Langley Street 205, 210 11/30/2021 United Family 18350 Mt. Langley Street 209 03/04/2021 De La Rosa Maintenance 18368 Bandilier Circle 01/31/2023 Contractors BACKGROUND The Orange County Sanitation District (Sanitation District) purchased properties at 18350 Mt. Langley Street and 18368 Bandilier Circle as part of the overall strategy to build a new Headquarters Complex and to reserve land at Plant No. 1 for wastewater treatment. The new Headquarters Project is currently under design and permitting and staff is developing a permanent property management strategy that will be impacted by the outcome of the building design and permitting process. Pending those decisions, the Sanitation District currently has commercial tenants that lease part of the properties at 18350 Mt. Langley Street and 18368 Bandilier Circle in Fountain Valley. RELEVANT STANDARDS • Protect Orange County Sanitation Districts assets Orange County Sanitation District Page 1 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1162 Agenda Date: 7/22/2020 Agenda Item No: 14. PROBLEM The Sanitation District owned properties have commercial tenants and due to current financial circumstances, tenants have inquired about the possibility of early release from their lease agreements. At present, the General Manager does not have authority to approve early termination of the lease agreements and foregoing the lease payments. PROPOSED SOLUTION Authorize the General Manager, at his discretion, to release current tenants from their lease agreements and forego the remaining lease payments. TIMING CONCERNS Termination of lease agreements due to financial circumstances needs to be executed in a timely manner. RAMIFICATIONS OF NOT TAKING ACTION Tenants may not have the financial resources to be able to make the financial obligations stipulated in the lease agreements. PRIOR COMMITTEE/BOARD ACTIONS September 2017 - Approved a Standard Offer, Agreement, and Escrow Instructions for Purchase of Real Estate (Purchase Agreement) with K&A Investments LP for Property at 18350 Mt. Langley Street, Fountain Valley and Authorized General Manager and General Counsel to Execute any and all instruments related to the transaction. August 2018 - Received and filed the fully executed Agreement of Purchase and Sale and joint Escrow Instructions for 18410-18436 Bandilier Circle and 18368-18384 Bandilier Circle, Fountain Valley; and Authorized the General Manager to Execute any and all other instruments related to the transaction. ADDITIONAL INFORMATION Ultimately, the properties at Mt. Langley and Bandilier are planned for demolition to make room for a new Headquarters Complex, and possibly a new Laboratory. Currently, there are 35 Sanitation District employees working at the Mt. Langley building. Plans for moving employees who are currently telecommuting back into the office will require social distancing and more space between employees. Vacant space made available by early lease terminations could be used to provide for social distancing of our employees when they return to the office. CEQA N/A Orange County Sanitation District Page 2 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1162 Agenda Date: 7/22/2020 Agenda Item No: 14. FINANCIAL CONSIDERATIONS The Sanitation District will forego any monthly revenues associated with terminated lease agreements. All lease termination requests will be reviewed by Sanitation District staff. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A Orange County Sanitation District Page 3 of 3 Printed on 7/15/2020 powered by LegistarTM oJ�1V 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 #: 2020-1163 Agenda Date: 7/22/2020 Agenda Item No: 15. FROM: James D. Herberg, General Manager Originator: Celia Chandler, Director of Human Resources SUBJECT: 2021 BENEFITS INSURANCE RENEWAL GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve the Orange County Sanitation District 2021 Benefits Insurance Renewal for the amount of $12,953,965 for active employees and $958,858 for retiree-paid health premiums, for an overall not- to-exceed amount of$13,912,823, as specified below: A. WORKTERRA (medical, dental, and vision plans; and Employee Assistance Program [EAP]) - Not to Exceed $12,184,838; B. Prudential (basic life, short- and long-term disability) - Not to Exceed $718,480; C. The Standard (EMT & Manager disability) - Not to Exceed $30,000; D. BenefitWallet (Health Savings Accounts [HSA]) - Not to Exceed $20,647; E. WORKTERRA (additional retiree costs, recouped from retirees through premium payments) - Not to Exceed $958,858; and F. Approve a contingency of $695,641 (5%). BACKGROUND In accordance with collective bargaining agreements, the Orange County Sanitation District (Sanitation District) has a contractual obligation to provide healthcare and welfare insurance benefits to employees and eligible dependents. Over the years, Human Resources (HR) has implemented ongoing cost-containment measures to include: joining a risk-sharing pool under Public Risk Innovation, Solutions, and Management (PRISM)*, making plan design changes to align with best practices, bundling insurance coverages, and negotiating rate guarantees. HR met and conferred with the unions to secure all benefit changes, as applicable. Orange County Sanitation District Page 1 of 5 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1163 Agenda Date: 7/22/2020 Agenda Item No: 15. * In June 2020, California State Association of Counties - Excess Insurance Authority (CSAC-EIA) officially rebranded and changed their name to Public Risk Innovation, Solutions, and Management (PRISM). The Sanitation District, in conjunction with the health insurance broker, Alliant, began the renewal process for the agreed to benefits in March and received quotes in May. After negotiating with the insurance carriers, the Sanitation District was able to secure competitive rates without compromising the level of benefits provided to employees and eligible dependents. The cost of the active employee insurance coverage will decrease by -1.4% overall for the 2021 Plan Year (from $13,137,895 to $12,953,965). Key factors contributing to the decrease included a highly favorable utilization rate and established rate guarantees on the Sanitation District's vision, disability, life insurance, and EAP plans. Employees share in the cost of medical and dental insurance. For medical insurance coverage, employees who select employee-only HMO coverage contribute 10% of the premium cost and those that select employee-only PPO-level coverage, employee-plus-one coverage, or family coverage contribute 20% of the premium costs. For dental coverage, all employees contribute 20% of the premium costs. The Sanitation District covers the cost of vision insurance, basic life insurance, short-term disability, long-term disability (only for those employees with at least five years of service), EMT and Manager disability, and EAP. A contingency budget in the amount of $695,641, or 5%, of the total cost for employee and retiree benefits insurance, is requested. This contingency budget may be utilized in the event there are unforeseen additional costs due to fluctuations such as employees retiring/resigning, hiring of new employees, overall changes to staff numbers as employees are placed on and off plans throughout the year, changes in employee plan selection during the open enrollment period scheduled for October 2020 for the 2021 plan year, additions of dependents or spouse/partners, changes in employees' eligibility, and other factors. Sanitation District retirees have the option to remain on the Sanitation District's medical and/or dental insurance, and the majority of retirees are responsible for 100% of their premiums. However, a portion of retirees hired prior to July 1, 1988 receive a limited duration of Sanitation District-paid medical insurance upon retirement. Retirees falling within this group receive 2.5 months of Sanitation District-paid medical insurance for each year of continuous service. Employees hired after July 1, 1988 are ineligible for this benefit. Therefore, the benefit will reduce and eventually expire over time as the remaining employees within this group retire and as the limited duration of each eligible retiree's benefit is completed. The cost for retirees in this group is $810,096 and is factored into Item A of the Recommendation. This renewal also incorporates $958,858 in retiree insurance coverage administered by the Sanitation District for which the retirees reimburse the Sanitation District. Although these costs are paid by the retirees themselves and are not expected to be paid by the Sanitation District, we are incorporating the item herein for transparency purposes and to ensure adequate funding as we pay in advance and are reimbursed by the retiree. In prior years, the overall increase to insurance was 4.1% for the 2019 Plan Year and 0.1% for Plan Year 2020. Orange County Sanitation District Page 2 of 5 Printed on 7/15/2020 powered by LegistarT" File #: 2020-1163 Agenda Date: 7/22/2020 Agenda Item No: 15. In May 2015, the Board of Directors approved moving the Sanitation District's medical insurance from direct contracts with the carriers to joining the insurance risk sharing pool under PRISM. The association with PRISM resulted in immediate and future cost savings to the Sanitation District in medical insurance premiums and dictated a change from fiscal to calendar-based plan year, from January through December. Staff typically presents the benefits renewal information to the Board of Directors annually every July, for an effective date of January 1 of the year thereafter. The move to PRISM has proven to be beneficial based on the rate increases the Sanitation District has received in the past few years. RELEVANT STANDARDS • Offer competitive compensation and benefits • Comply with OCSD Policy 4.1 - Insurance PROBLEM The Sanitation District has a contractual obligation to provide healthcare and welfare insurance benefits to employees and eligible dependents, and any benefit changes are subject to the meet and confer process. Additionally, the Sanitation District is required to hold an annual benefits open enrollment period every October to provide employees and eligible dependents the opportunity to make changes to their benefit elections, for an effective date of January 1 of the year thereafter. Insurance contracts are required to be finalized in August 2020, ahead of open enrollment. Each year, the benefit renewal data used in cost projections is calculated based on the census data, which is required by the insurance carriers eight months in advance of the plan year. Throughout the plan year, changes in employee composition such as new hires, employee plan selection, and turnover, may result in a change in actual costs. Based on the required timelines, projected costs and actual costs will vary year to year. PROPOSED SOLUTION Approve the benefits insurance renewals with the respective carriers and the contingency, as described above, to ensure continued coverage for employees and eligible dependents. TIMING CONCERNS Board approval is necessary in July 2020 to ensure that the Sanitation District meets its insurance renewal deadlines in August, to finalize preparations for the October benefits open enrollment, and for continued coverage for Sanitation District employees and eligible dependents, in accordance with collective bargaining agreements and personnel policies. RAMIFICATIONS OF NOT TAKING ACTION Without Board approval, the Sanitation District cannot finalize the contracts with the insurance carriers in August for the 2021 Plan Year. A lapse in payment to the insurance carriers would result in the interruption of medical, dental, vision, EAP, life, and disability coverage and services to Orange County Sanitation District Page 3 of 5 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1163 Agenda Date: 7/22/2020 Agenda Item No: 15. employees and eligible dependents; and the Sanitation District would not be meeting its obligation to provide these benefits as provided for in collective bargaining agreements and personnel policies. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Medical Insurance The Sanitation District's medical benefits are designed to help maintain wellness and protect employees and their families from major financial hardship in the event of illness or injury. The Sanitation District offers a choice of medical plans through Anthem Blue Cross and Kaiser Permanente. HMO (Health Maintenance Organization) plans offer comprehensive coverage. Employees have a choice between the Anthem Blue Cross HMO or the Kaiser HMO plan. The PPO (Preferred Provider Organization) plan through Anthem Blue Cross offers a network of doctors and healthcare facilities that provide services to plan members at special discounted rates. The Sanitation District also offers two high deductible plans: a high deductible HMO plan through Kaiser and a high deductible PPO plan through Anthem Blue Cross. Dental Insurance The Sanitation District provides the Delta Dental plan to all benefit eligible employees. Vision Insurance The Sanitation District currently provides vision insurance to all benefit eligible employees through Vision Service Plan (VSP). Basic Life Insurance Life insurance provides protection for an employee's beneficiary in the event of death. All benefit eligible full-time and part-time employees automatically receive Basic Life and Accidental Death & Dismemberment insurance coverage. The benefit amount is $50,000 for employees, and three times salary for managers and executives. Coverage is offered through Prudential. Short-Term Disability Insurance The short-term disability insurance plan protects employees when non-work related illness or injury makes it impossible for them to work for a short period of time. Under the plan, income may be continued for up to 26 weeks. The Sanitation District pays the entire cost of coverage for regular full- time and part-time employees. Coverage is offered through Prudential. Long-Term Disability Insurance The long-term disability insurance plan protects employees when an illness or injury makes it impossible for them to work for an extended period of time. Under the plan, employees who are disabled for more than 90 days are eligible to receive a benefit of 67% of their basic monthly pay up to $5,000/month. The Sanitation District pays the entire cost of coverage for regular full-time and part-time employees with five or more years of service. Coverage is offered through Prudential. Orange County Sanitation District Page 4 of 5 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1163 Agenda Date: 7/22/2020 Agenda Item No: 15. Executive Disability This additional long-term disability insurance plan provides increased income protection for executives and managers. Under the plan, eligible employees who are disabled for more than 90 days due to a non-work related illness or injury are eligible to receive an additional benefit of $3,100/month. The first $5,000/month is covered by the Sanitation District group long-term disability plan benefit. Coverage is offered through The Standard. Health Savings Account Employees who elect the Anthem High Deductible Health Plan (HDHP) are simultaneously enrolled in a Health Savings Account (HSA) which provides a method for the employee to save for health- related expenses. The Sanitation District currently makes an annual contribution to the HSA based on the increased deductible and the savings incurred by employees electing the HDHP plan compared to the PPO plan. Employee Assistance Program The EAP plan protects employees and family members when they need help with personal problems such as marital and relationship problems; stress, anxiety, and depression; grief and loss; or substance abuse. Coverage is offered through ComPsych. CEQA N/A FINANCIAL CONSIDERATIONS The funds for the renewal of these insurances are derived from the Sanitation District Operating Budget. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A Orange County Sanitation District Page 5 of 5 Printed on 7/15/2020 powered by LegistarTM 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 #: 2020-1173 Agenda Date: 7/22/2020 Agenda Item No: 16. FROM: James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF MARCH THROUGH JUNE 2020 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the Public Affairs Update for the months of March through June 2020. 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 The Orange County Sanitation District (Sanitation District) is well-recognized within the water/wastewater industry; however, within our service area there is limited knowledge by our customers of the important work we do to protect public health and the environment. In general, the customers we serve do not realize that when they improperly dispose of waste into the sanitation system, it can negatively affect our sewer lines, our treatment plants, 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 direct mailings, we have the ability to educate the community, local agencies, and businesses on our messaging such as the What2Flush program, energy production, water recycling, biosolids, and our source control program. This, in turn, helps improve the quality of wastewater that is recycled or released to the ocean. Orange County Sanitation District Page 1 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1173 Agenda Date: 7/22/2020 Agenda Item No: 16. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community, local agencies, and area businesses about the Sanitation District, we may not have the support necessary to deliver our mission. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION March Tours* Activity # # of Guests OCSD/OCWD Tours 3 61 OCSD Tours 6 89 Speaking Engagements 14 1250 *On March 19 all tours of the facility and external events were canceled in response to COVID-19. Current Activities - March- June 2020 COVID-19 Response The Sanitation District's Emergency Operations Center was activated to address the growing concerns of COVID-19. As decisions were being made, the Public Affairs Office (PAO) was communicating with our internal and external audience to keep all informed. A webpage on our intranet site was created to have one consolidated place for staff to find information and updates on the Sanitation District's action and response efforts. An extranet site was also created to give employees on COVID-19 administrative leave the same opportunity to stay informed. Both sites are updated regularly with the most recent information available. The PAO team has also been monitoring the conversations taking place locally, statewide, and federally regarding action plans and response efforts. To safeguard the safety of employees, all tours and participation in external physical events have been cancelled for the remainder of the year. Social Media Social Media has been heavily used as a means of connecting with our stakeholders during the last few months. The Sanitation District has continued to share information about the Sanitation District being an essential service, promoting the What2Flush campaign, and the Sanitation District's normal operations during the pandemic. Orange County Sanitation District Page 2 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1173 Agenda Date: 7/22/2020 Agenda Item No: 16. Virtual Tour To continue with our educational efforts, a virtual tour of Plant No. 1 has been created. With plant tours suspended, this provides a safe alternative to learn about our process and efforts. This virtual tour will give the Sanitation District the capability to reach different organizations/groups/schools and allow them to still get the tour experience although not physically onsite. Virtual tours will also allow our reach to expand beyond our service area. Presentations In June, General Manager Jim Herberg, participated in a virtual presentation to the Orange County Business Council (OCBC) to discuss the Sanitation District's plan for resiliency which included our response to COVID-19. The presentation also highlighted the Capital Improvement Program and some large-scale projects that will be advertising for construction in the coming months. He also participated in the Water Environment Federation (WEF) Coronavirus Roundtable series in May. The event was hosted by leaders from across the water sector to discuss how the coronavirus pandemic is affecting operations, business, and people. Lan Wiborg, Director of Environmental Services, participated in a COVID-19 webinar for the California Water Environment Association (CWEA) and California Association of Sanitation Agencies (CASA) to discuss wastewater surveillance and the Sanitation District's action to safeguard the safety of staff while maintaining operations. CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: 0 Outreach and Media Summary Report, March - June 2020 Orange County Sanitation District Page 3 of 3 Printed on 7/15/2020 powered by LegistarTM Outreach and Media Summary �NIN SANlTq��o o THE EN March = June 2020 OCSD Public Affairs Office Table of Contents OUTREACH REPORT..................................................................PAGE 1 FACEBOOK POSTINGS ..................................................................PAGE 2 TWITTER POSTINGS ..................................................................PAGE 9 INSTAGRAM POSTINGS...............................................................PAGE 13 ARTICLE SUMMARY...................................................................PAGE 18 Outreach Report March Date Event Attendees 3/4/20 Vanguard Nursing(Julia Wilson) 8 College 3/4/20 UK Reporter 1 Adult 3/5/20 CSUF Nursing(Marilyn& Yolanda) 27 College 3/6/20 USF Nursing(Veronica Velasco) 26 College 3/7/20 Santiago Canyon College 20 College 3/9/20 Tarbut School (Arnie Benn) 7 HS Facebook Posts March-June 2020 Page SLlmmary Last 28 days s Export Data 1 Resuft from May 13,2020-Jun 9,2020 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 Page Previews May 13-June 9 May 13-June 9 May 13-June 9 1 315 17 Total Actions on Page 100% Total Page Views v 18% Page Previews�31% / l Page Likes f Post Reach Story Reach May 13-June 9 May 13-June 9 May 13-_1,—o Get Story Insights 6 1 ,799 See scats on how your Page's recent Page Likes.O`, People Reached.27% stones have performed Recommendations Post Engagement trdeos May 13-June 9 May 13-June 9 May 13-June 9 812 1 ,257 Post Engagement&131. 3-Second Video Views A 7% ■uez We have insufficient data to show for the selected time period Page Followers i Orders May 13-June 9 May 13-June 9 6 0 Page Followers�14% 1;umber of Orders.0% 0 E 3mings from Orders�0% All Posts Published E Reach Organic!Paid Post Clicks Reactions Comments& Published Post Type Targeting Reach Engagement 06;10!2020 Thanks to the Orange County WIN BusinessCouncil for welcoming our 06;092020 Construction Alert in City of r Anaheim-Municipal Government- � 06;0E�2020 Have you ever wondered what ,y happens to the treated water at our will 6_2 06;05!2020 7 #'A(orldEnvironmentalDay is today will 161 = i celebrate by applying to join our 06;0412020 Dona forget this upcoming 5 1 :h'ednesday June 10 at 5 p.m is the E4 101 1 06;012020 People have been flushing the 64 — unflushable for a long time.the only r 550 28 06;0112020 OCSD Board Chairman David 14 Shawver of City of Stanton and (p 218 9 ' 05;292020 +. The State College Sewer Project in Will98 — 1 the City of Anaheim-Municipal 0 05129i2020 Have you ever wondered what 31 � 1201 PM happens with your#FridayFlush or r 262 21 05/28/2020 Tune in on:^lednesday for the — 5 1 227 PM Operations Committee Meeting at 5 106 0 05;2712020 Do you see them?Do you see 168 24 <P` them?Just wait you will Meet our 13 � 05;25.2020 = 7 Today v:e remember those who r 148 7 risked their lives for our country 8 05;212020 ' Just a reminder that our f 5 1 - - • Administrative offices will be closed 195 9 05;22r2020 ■ 'SOUND ON. Friday brings a new will 180 22 #NationalPublic'al(orks'Aleek 10 05;2112020 ■ Thursday brings the many voices of 150 18 Brad.Much more than just an 5 0520,2020 Don I miss out this upcoming — 4 _ $v= :^lednesday we will be having our 111 0 05;20:2020 ■ `SOUND ON. Shannon is up next! 1t, 156 22 ■ She is essential, part of our 6 05;19112020 ■ SOUND ON.Tuesday brings a new ,� 169 _ 16 ■ #NationalPublicWorks:^leek 9 05.18i2020 `SOUND ON. Every day during 84 88 8 #NationalPublicWorksWeek sve will 3 I 05;1712020 rt'r* Did you know we are showcased in r 576 33 ■ - today Orange County Register 37 ■ 05116:2020 Our staff go ABOVE and beyond r 393 55 _ literally!To ensure our digesters are 41 05i15:2020 Sewer installation on State College �� 134 — 6 22 PV Blvd.in City of Anaheim-Municipal 7 ��... 05;14:'202p Reminder.Cut hair belongs in the 1t, 160 12 � trash.not the toilet itrust us it 9 05;1312020 OCSD is doing its part and �, ,� 173 13 1 44� participating in testing of our `� 14 ■ 0511212020 ® Did you know Digesters work like big N 456 39 — stomachs?The scum and sludge. 30 ■ 05;10:2020 'Mork continues Night work is being r � 180 3 - done on 1,^iestminster Blvd behreen 3 � 05;09,2020 X- Lets end#tDrinkingb^late6%leek with r N 140 6 - 1.J-is Round 2 It seems that many of you 7 � 05i08/2020 9= ',Wednesday May 13 at 5 p.m is our J 0 128 3 - '._PS1 Administration Committee Meeting. 2I 05)'0812020 Right in the feels'Perfect for Friday 62 — - " so we thought we'd share.One of r N 251 24 ■ 05)'0712020 ® OCSD has over 600 public workers �� 135 16 ■ 57 AM who uphold our mission of protecting 11 05/05/2020 #DrinkingWaterWeek!Water at 296 21 ■ 10.26 AM OCSD just keeps coming.and 23 ■ 05;02:2020 Take a tiny break and find the item 58 that doesn t belong in the toilet.The r ` 634 27 ■ 04;3012020 :What's easier than the ABCs'The 3 r 188 — 7 � Ps PEE. POOP and Toilet PAPER 8 04;3012020 The Operations Committee Meeting FC 4 00 P", is coming up on:"lednesday Visit 134 3 I 04/29t202O As an essential service. our work r 177 8 4 39 P%A must continue which means ramping 7 04129/2020 Is Weider Wednesday a thing?If it F �� 153 12 11:42 AV not. now it is.because we couldn't 9 04)'2812020 In honor of#V%taterWeek2020 check 04 316 . 42 � 1. 42,kM out this underwater footage of the 21 � 04126/2020 ►� A Lets start the week fresh+ By fresh , ■ 8 12 57 RM we obviously mean with some r `1 7 8 04;212020 Here are just some of our Essential , 14 1 - :^lorkers We want to say Thank You. �� t 147 , 12 04 212020 Happy Administrative Professionals� 7 rO 156 t, Day!Today we want to take a 9 04122;2020 OCSD knows that wastewater isn't a 40 — a < waste,its a resource OCSD does its �� 303 . 21 04/20/2020 ■ OCSO makes biosolids.which is Will 219 ■ 11 I-- 1=FV treated organic matter recovered 10 � 04/1712020 It's that time of the year again k� 13 217 ■ -' National Clean Out Your Medicine 6 0411612020 ® Less than a week affray!Visit r 1� 130 7 - G` https 1;ocsd legistar com;Calendacas 1 I 04/16/2020 #Thankful for all the 355 31 1-__ #Essential Employees 37 04/14/2020 All for#GWRS As part of the GWRS , 4 4 1' Final Expansion project being done 84 118 4 041'13,-2020 Construction on the Westminster 84 t 41 100 3 I Sewer Project starts this week. sign 1 04;12;2020 Easter Sunday is Here! Since all r 90 0 � .r parks are closed we were 0 04;1012020 Call Us. Beep Us.there's multiple 3 I - - ways to Reach Us. Sign up for �� 116 1 0411012020 „ Can t live v,-ith them can't live — 6 ONE10,32AM � without them Luckily,we enjoy our r � 150 10 � 04109/2020 We were going through our camera `a �30 16 1057AM A roll.just like many of you are doing 16 04;082020 t It's#NationalPublicHealthWeek and 184 - 1 �'' at#OCSD we celebrate every week118 7 I 04;07112020 go 'SOUND ON'Working from home? ,�+ 263 56 Missing your coworkers?Trying to v 16 04;05r2020 �7 Trying to stay busy?Ask people in 15 your house if they know what to � � 406 12 1 04;0312020 ® P,e know you know,that the only 84 279 14 p thing that belongs in the toilet is 16 0410112020 ,or Today is National)A'alking Day.but �- r� 150 _ 2 2.09 PM vie re also in Quarantine. so hov:do 6 03/312020 Thanks for spreading the word Seal ® 9 7 15 PM Beach Police Department. For more r 159 f6 7 01'3012020 Let s start the week by saying Thank �� 225 7 I You.Thank you to all the medical 12 03;28/2020 We hope vie re really driving the 33 °`! . message home on this one V' ipes, r 589 34 031261•2020 As you sit at home vrondering if you rp 0 203 - 5 dftM should go out and TRY to get bottled 13 03;24,'2020 ® We said the`E'word earlier this 0 146 16 week 'Essential-,and we have to 14 03;212020 The'essential'employees everyone 0 251 - 10 G -= keeps talking about include our 11 03;212020 Happy World Water Day!Do your � 157 4 = part and Dunk it,And Trash its Baby 8 I 03;2012020 Did you know that in 2016 the — 13 Governor of California signed r 253 12 01'2012020 Its Friday: Let's end the week with a r 157 ^ 7 laugh 'Find the ansv:er below 5 I 03;2012020 ® On Wednesday.March 25.OCSD is 1 holding its Steering Committee 81 0 03;1912020 a � We get it the last thing you're 16 - 1 _`,+ thinking about right now is your 222 10 03;1912020 On Friday(3120;and Monday(323) rp 98 0 - ' construction will restrict thru traffic 1 03;1812020 Our doors will be closed to the public r 134 S I - �`•' u but our staff is available to assist you 5 Graphs of Page Likes, Post Reach and Total Views for March-May 2020 Page Likes The number of organic Page likes. paid Page likes and unlikes_ Unlikes Organic Likes Paid Likes 1 0 -1 -2 r 1 r 1 r r t I I I 1 r ^' ^` ')7 29 31 :02 04 nF r' 1f1 12 1-1 1F 1R 2" r_2 2e 25 28 30:02 04 (r, on 10 12 1-1 15 18 APR MAY Post Reach The number of people who saw any of your posts at least once. This metric is estimated. Organic a Paid 400 300 200 100 0, 23 30 06 13 20 27 04 11 18 25 08 15 22 APR MAY JUN Total Views By Section Total Views 39 26 1 0 Mar 17 Mar 24 Mar 31 Aor 7 Ape t Apr 21 Apr 2R May 5 May 12 May 19 Twitter Posts March-June 2020 28 day summary change over previous period =ets T—t-press—s Profile visits Mentor- 24 t26.3% 20.8K t29 9% 725 tan 916 51 1.656 Jun 2020•g days so far.. TWEET HIGHLIGHTS Top TW"t earned 1.075 impressions Top mention earned a engagements Get your Tweets in front of People have been flushing the unflushable CASA CleanWater more people for a long time,the only difference now is A-- @CASA_Cleanwater J-.,n s Promoted Tweets and content open up your that we have flushable wipes,BUT you also On this#OceanDay find out how reach on Twitter to more people have us to educate you that only pee,poop @OCSewers works hard every day to and toilet paper should go down the toilet- protect public health and the environment! You can thank us by only flushing the 3 Ps. twitter.com/OCSewers/statu... #waybaekwednesday JUN 2020 SUMMARY pic.twitter-coml0D86vTf3t5 •3 T—a T.— View Tweet 5 3,708 Profre visits M-t— IWLWI Top media Tweet earned 461 impressions 45 2 Ever wondered what happens with your #FridayFlush or any flush for that matter? rl,folla,nez We treat and recycle the wastewater that 4 comes into our plant,but do you know what 1135 98 happens with the solids?We use them to View Tweet activity View all Tweet activity make biosolids.Visit OCSD-com #LearnAboutComposti ngDay pic.twitter.com/eOrsLz7UON Top Follower followed by 374 people .v Janelle i ,721 Fo�ows you t4 f •4 Huge Hunter Hayes fanll Been to 6 shows.)Carrie Underwood.Forever a Potterhead.Starldd.All things View Tweet activity View all Tweet activity Middle Earth.Always listening to country music. May 2020.31 days TWEET HIGHLIGHTS MAY 2020 SUMMARY Top Tweet earned 7,153impressions Top mention earned 754 engagements Tweets TweerimP— @andreamatranga @BrennanSpiegel Andrea Matranga 26 23.9K @Yale @chocchildrens @UClrvineHealth t @Profi a dsi s Me more KPSCALnews Thanks �BrennanSpiegel @Yale For one thing,if 712 550 @andreamatranga;aOCSevvers is true this means that if @OCSewers involved in 3 separate efforts with monitored Covid19 levels,hospitals like @CaWaterBoards;@UofAWEST,and @N�foOo�AAe5 chocchildrens!�i�UClrvineHealth and 11 @Stanford and @UMich to help inform @KPSCALnews could resume elective public health decisions. procedures as long as a preponderance of . , is t 95 patients would be expected to be home one week after the surgery- View Tweet activity View all Tweet activity 4,7 Uta •tips View Tweet Top Follower followed by 1,263 people _ Top media Tweet earned 1.163 impressions R — Take a tiny break and find the item that doesn't belong in the toilet-The item that belongs in the trash-#What2Flush #NoWipeslnThePipe#313s Sina Alinejad #WaterWeek2020 +;7Abnejad&na FciovSrou pic-twitter.com/3Bo5bezaUQ Science Reporter,Nature enthusiast,Stargazer View profile • • •AL •AL • •AL • • • • Can you find the • • •• ••item that isn't part•• •• • • of the 3 Ps? • • • • • • • • • • • • • • • • • • • • • • • • • • tz z • View Tweet activity View all Tweet activity Apr 2020.30 days T'NEE71,13-1L-GHTS APR 2020 SUMMARY Top Tweet earned 1.757 impressions Top mention ,amed 170 engagements Tweets Tweet impressiooa Lets start the week fresh!By fresh we mean G City of Garden Grove 23 16.2K with some(waste)water talk.So let us show PMI�e visits MenWm you the only 3 things you should ever flush As a friendly reminder from;a OC Sewers. 197 18 down the toilet,Pee,Poop and(toilet) the toilet is only meant to flush the three Ps Paper. Flushable wipes don't count they —pee.poop,&paper. belong in the trash.#What2Flush tThe3Ps Nev followers #NoWipesDownThePipes 8 pic.tvvitter.comr'GIQcmVd4Kw Flushing down objects may result in having to replace equipment. To learn more,visit ggcity.org/sewers/sewer- I... and What2Flush.com #GG1956#What2Flush#The3Ps pic-twitter.comXKbXPJRD H 1 1 I 1 i 0 5 •14 View Tweet activity View all Tweet activity TOP Follower followed by 536 people MATER EAAAEL 0.1 u5 91- w. View Tx Pet Top media 7Weet yarned 1.061 impressions Center Enamel We were going through our camera roll_just zyy25780191 FOLLOWS Yc like many of you are doing and we found Center Enamel is the first and most experienced Glass- Fused-to-Steel Bolted tanks manufacturer in Asia. this gem!Our fleet in 1955-Happy#TBT_ #ThrowbackThursday View profile #Essential Then EssentialNow #OCSDisEssential pic.twitter.com/3GJ8eko2Ya �rTD I I Mar 2020.31 days THE H0-4L CHTS MAR 2020 SUMMARY Top Tweet earned 2,423 impressions Top mention earned 27 engagement-- T—ts Tweet impressions We get it,the last thing you're thinking about a� Orange County Water District 28 19K right now is your pipes,but weirdly enough_ PrO'e visits Meriwre it's the one thing we're always thinking #OCWD&#GWRS praised by 208 15 about.So treat them right and only flush @EPAAWheeler during launch of National down the 3 P's.PEE POOP,and Toilet Water Reuse Action Plan PAPER-#The3Ps#ToiletTalk#ToiletTip @OC Sewers pic.twitter com,'RUZw0KPCUV New followers #What2Flush pic.twitter.com/egHRWCnhlh -3 tz1 •s t4 10 V 17 View Tweet View Tweet activity j View all Tweet activity Top media Tweet earned 1.420 impressions Top Follower followed by 1.045 people The essential"employees everyone keeps f� talking about include our staff.They're out there ensuring our facilities are running • smoothly to uphold our mission.That's why ® we ask you to keep in mind the 3 P's next time you flush.Only PEE,POOP,and Toilet PAPER down the pipes. pclocators pic.twitter.com/DhHKBCbNg5 Subsurface Utility locating-We mark underground e • facilities.We make safety a priority Protecting R clients + a. facility is goal#1 v View profile tz� •z, View Tweet activity View all Tweet activity Instagram Posts March-June 2020 ocsewers Edit profle 0 383 posts 1,002 followers 6S 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 ®POSTS - i�r': s.,v ED r:.GG_u Fin c MOM Oppllrtrl to join the(M:tie 1 Tcom •Semor Inlormuion T•<n nolPp + ti Analyst I C yearae<e ri t y) •San—Inlormatien Te hnele(y Analyal Irla1eer0 •Stall Analyst(Enb•eerl•( Adninr•tralion) •EnEinear IEl•<ui<al) •Seuor[nElneer Icolle<Ileaa 0•aian) WOWL �r 4 NEW JOB OPENINGS MON DAY G A'.iL�SVAA1'In ��nV w,.nii's� INN Memorial Day FNIENRO)RUL DA Our office-witl be a osed 2020 >• Monday,May 25,2020 to Report Sewer EM*,g0.Ciet Cell:7W962.2411 O O O 0 o CALIFORNIA WATEk SrarP COIIPgP SAVPf Const(Urtlan U R BELONGS I N THE A Wagner Avenue Intersection Work • 0 Connect local sewer to now p! i Y Y O ' Only 3 items belong in teminder: o the toilet.The 0s. slight Work FWF ,,ewer Project 4 G I I• � 6doi Atways _ EXTENDED C w j.0 Rir.J R. The 3 PsWORK HOURS, ten.-.. u.,►►•.'*p...�. - BEGIN cf U.c)fti? TOMORROW Ell t MEDICATION DOESN'T •. BELONG TOILETHE :I_ L�. 11 Have a MINSTER BLVD. SEWER Fail Happy Easter! Ili CALL saRu►i • NATK R S PUB[ H EAI _ WED !1 OF T-e AMERICAN PVBLK HLAL7 vMivwa. 110946M FBVE '1 .}t g' .A;A, J Vo km4bw lftie 36 WALKING AND TALKING Name a better (ON THE PHONE) relationship. I'll wait. • • Vdor • t3. 13 MY DID �ACTERIA ROSS THE r 11CROSCOPE? _ t7G4b wltl r�aa/a Wrn b ./- -_.. a_ bunu�c..6.sws�.r,sfr- 1i- N.11 to w..r�..u.■rt.. Happy pu»tic and 4u.tnn�e.s yn•er. t•ok—.«At,..:.r.. St. Patrick's Day! p•e�. 4m ��� ^;•r d 1 !6N i GCV) !N TMF'IWYUNITY Media Articles for March- June Article Date Resource Link Oceanside leads county with plan to https://www.sandiegouniontribune.com/communities/north-county/oceanside/story/2020-02- make recycled water safe to drink 2/20/2020 San Diego Union Tribune 20/oceanside-leads-county-with-plan-for-potable-recycled-water State promotes innovation through https://www.farmprogress.com/crops/state-promotes-innovation-through-mass-timber- mass timber competition 3/3/2020 Western Farm Press competition Barrera: Climate Change Is the Real Threat to Latinx 3/13/2020 The Voice of OC https://voiceofoc.org/2020/03/barrera-climate-change-is-the-real-threat-to-latinxZ OCWD Commends Collaboration Of EPA's National Water Reuse Action htt s: www.wateronIine.com doc ocwd-commends-collaboration-e a-s-national-water-reuse Plan 3/12/2020 Water Online action-plan-0001 Poseidon desal plant gets fresh analysis, but coronavirus delays Friday https://www.ocregister.com/2020/03/12/key-issues-for-poseidon-desal-plant-get-expert- meeting 3/13/2020 Orange County Register analysis-but-coronavirus-delays-friday-meeting/ Orange County commends collaboration on water reuse plan 3/13/2020 Water Finance and Management https://waterfm.com/orange-county-commends-collaboration-on-water-reuse-plan/ Virus doesn't affect tap water, but it https://www.ocregister.com/2020/03/17/coronavirus-doesnt-jeopardize-tap-water-but-it- could be in raw sewage 3/18/2020 Orange Coutny Register might-be-carried-in-raw-sewage/ Coronavirus: California issues warning https://www.mercurVnews.com/2020/03/17/coronavirus-california-issues-warning-about- about disinfecting wipes 3/18/2020 Mercury News disinfecting-wipes/ Disinfecting wipes are being flushed down toilets and causing major pipe problems 3/20/2020 CNN News 12 s://www.cnn.com/2020/03/20/us/wipes-flush-toilet-pipes-wellness-trnd/index.html Three miles of sewer pipes to be replaced as part of Westminster http://www.oc-breeze.com/2020/03/31/179786 three-miles-of-sewer-pipes-to-be-replaced-as- Avenue Sewer Project 3/31/2020 Orange County Breeze part-of-westminster-avenue-sewer-project/ Coronavirus at beaches? Surfers, swimmers should stay away, scientist https://www.latimes.com/california/story/2020-04-02/coronavirus-ocean-swimming-surfing- says 4/2/2020 Los Angeles Times safe-beaches-los-angeles Law Review: The three Ps: pee, paper and poo 4/2/2020 Sierra Sun https://www.sierrasun.com/opinion/columns/law-review-the-three-ps-pee-paper-and-pool https://www.danapointtimes.com/flushable-wipes-bust-flush-wastewater- Flushable Wipes' Bust Flush for treatment/?fbclid=lwAR2og9L7kh9G1Mx1CXsPBuTDLvl3zMoB2XumPDdMkVWKZCwDXTiLuHye Wastewater Treatment 4/8/2020 Dana Point Times LM8 Poop tests in sewage might predict https://www.ocregister.com/2020/05/08/poop-tests-in-sewage-might-predict-coronavirus- coronavirus surge 5/8/2020 OC Register sur e Local Water Resilience Projects Receive $65.8 Million in Grants from http://californiawaternewsdaily.com/drought/local-water-resilience-projects-receive-65-8- DWR 1 6/4/2020 ICA Water News Daily I million-in-grants-from-dwr/ 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 #: 2020-1174 Agenda Date: 7/22/2020 Agenda Item No: 17. FROM: James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS STRATEGIC PLAN FOR FISCAL YEARS 2020-2022 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve the Public Affairs Strategic Plan for Fiscal Years 2020 - 2022. BACKGROUND The Orange County Sanitation District's (Sanitation District) Public Affairs Office is responsible for creating, organizing, and disseminating all internal and external communication. The primary objective of the Public Affairs team is to deliver messages that are accurate, transparent, and designed to foster trust and confidence. Results from the Communications Audit presented earlier this year were used in the development of the Strategic Plan. The Communications Audit helped clarify the path moving forward and identify opportunities for the Public Affairs Office to explore. An integrated Public Affairs Strategic Plan is essential to effectively manage the variety of audiences we serve. RELEVANT STANDARDS • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities • Make it easy for people to understand OCSD's roles and value to the community • Maintain influential legislative advocacy and a public outreach program PROBLEM There are various initiatives and messages that the Public Affairs Office must share with our internal and external stakeholders for continued operation and efficiency of the Sanitation District. The messaging must be consistent, concise, and thoroughly planned to be efficient and effective. Orange County Sanitation District Page 1 of 2 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1174 Agenda Date: 7/22/2020 Agenda Item No: 17. PROPOSED SOLUTION The proposed Public Affairs Strategic Plan includes goals, objectives, strategies, and tactics to execute the various messages and efforts set forth by the Sanitation District. The plan will be in place for two years, with annual updates provided to the Legislative and Public Affairs Committee. PRIOR COMMITTEE/BOARD ACTIONS March 2020 - Received and Filed the Communications Audit Report. December 2019 - Received and Filed the November 2019 Public Affairs Update with the Communications Audit status. October 2019 - Received and Filed the Public Affairs Year End Report with the Communications Audit as a 2020 General Manager's Work Plan goal. ADDITIONAL INFORMATION N/A FINANCIAL CONSIDERATIONS All items included in the Public Affairs Strategic Plan FY 2020-2022 are budgeted in the FY 2020- 2022 Budget. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Public Affairs Strategic Plan Fiscal Years 2020-2022 • Public Affairs Portfolio Fiscal Year 2019-2020 (Appendix B to Public Affairs Strategic Plan) • 7/13/2020 LaPA Committee PowerPoint Presentation Orange County Sanitation District Page 2 of 2 Printed on 7/15/2020 powered by LegistarTM MEN No NONE PUBLIC AFFAIRS RATEuIC P I A N Fiscal Years 2020-21 and 2021 -2022 Introduction The Orange County Sanitation District's (OCSD) Public Affairs Office (PAO) is responsible for creating, organizing, and disseminating all internal and external communication. The primary objective of our Public Affairs team is to deliver messages that are accurate, transparent, and designed to foster public trust and confidence. An integrated Public Affairs Strategic Plan is essential to deal effectively with the variety of audiences we serve. The Public Affairs staff provides services and tools and implements programs to meet the communication needs of several audiences for OCSD. This includes planning and implementing media relations; website and intranet site content; construction outreach; elected officials, and government relations; internal communications, education, and outreach; and graphic development. The Public Affairs Office has created a Strategic Plan for Fiscal Years 2020 - 2022. This Plan is developed based upon the principles of OCSD's Mission of protecting public health and the environment and will support the implementation of OCSD's Strategic Plan. This Plan offers a vision to unify our communication efforts and focus resources to achieve the greatest impact and greatest results. This plan was created amidst the COVID-19 pandemic thus resulting in modifications to the goals and objectives. Much of what is planned and created by this group is based on external factors and therefore outside of our control. The Public Affairs Office will follow the guidance set forth by Management and the Board of Directors to carry out OCSD's messaging and support our member agencies. Background Information The Orange County Sanitation District represents 20 cities, 4 special districts and a portion of the unincorporated County of Orange. This area represents a community of 2.6 million people with approximately 550,000 customer accounts. Unlike most public agencies where there is direct contact with customers, at the Orange County Sanitation District, billing occurs through the County of Orange property tax bills. Therefore, the Sanitation District, must work through other means to communicate with the public and the rate payers. We have a 25-member Board of Directors, and over 600 employees within six departments with various goals and objectives. While these groups work independently on a variety of projects, the goal of the Public Affairs Office is to provide support and messaging that is consistent throughout the agency so that we are one voice, representing the same overall goals, and portraying the same brand. 1 While there are many challenges with serving such a large and diverse customer base, there are also great opportunities working through the strategies laid out in this Plan. Public Affairs Team The division is staffed with six full-time employees and overseen by the Manager. Jennifer Cabral, Administration Manager Daisy Covarrubias, Principal Public Affairs Specialist Rebecca Long, Senior Public Affairs Specialist Kelly Newell, Public Affairs Specialist Belen Carrillo, Public Affairs Specialist Gregg Deterding, Graphics Designer Cheryl Scott, Administrative Assistant Each of these staff members carry out specific functions to meet the communication goals and objectives laid out in this Plan. Situation Analysis • There is a global pandemic occurring which has shifted the way we operate and perform our mission of protecting public health and the environment. As we learn to navigate the recovery phase and move into new social distancing norms, our communication efforts will be modified accordingly to meet the needs of the agency, community, and workforce. • Due to COVID-19, close to 50 percent of staff is working remotely. The uncertainty of the pandemic creates unknown future work conditions for staff. These circumstances impact the ability and method of communicating and reaching employees, thus alternative communication techniques must be explored and implemented. • OCSD is in the third year of a five-year rate program, with a scheduled 1.2 percent increase in fees to take effect July 1. Due to the economic impacts of COVID-19 the rate increase for Fiscal Year 2020-2021 will be delayed with no significant financial impacts to OCSD operations. • There could potentially be a significant turnover of board members in 2020. Succession management and onboarding for the board members is critical for the success of this agency. 2 • During the COVID-19 pandemic, OCSD has sustained its operational, planning, and preparation efforts to ensure there is no lapse in service today or in the future. As an essential service, OCSD has continued to execute the Capital Improvement Program (CIP) to keep the regional projects on schedule that are enhancing our entire service area. In Fiscal Year 2020-2021 OCSD is on track to bid and issue $500 million of construction contracts for over 35 projects. Mission The Public Affairs Office is committed to communicating information about OCSD in a timely, accurate and accessible way to the employees, the Board of Directors, our member agencies, the public, and the news media. • We are committed to open, honest, clear, and respectful two-way communication with our audiences. • We are dedicated to informing others about how OCSD serves the public and protects the environment. • We are committed to outstanding customer service by responding to requests quickly and efficiently. • We are dedicated to teamwork and collaboration as well as being creative and taking the initiative to be out in front of issues. Audiences This Public Affairs Plan focuses largely on four primary audiences. • Internal o Board of Directors o Executive Management Team o Employees o Retirees • The Public o Ratepayers o Member Agencies o Residents, Businesses, Commuters Impacted by OCSD Construction o OCSD Neighbors in Fountain Valley and Huntington Beach o Schools and Students o Tour Groups 3 • Industry o Water/Wastewater Agencies o Trade Organizations o Trade Media • Influential Public o Local, State, and Federal Elected Officials o Environmental Groups o Local Media Agency Key Messages • OCSD is committed to protecting public health and the environment by providing effective wastewater collection, treatment, and recycling. • OCSD is more than a wastewater treatment facility, we are a resource recovery facility making use of all our byproducts. • OCSD is dedicated to exceeding wastewater quality standards used for resource recovery. • OCSD is committed to proper planning to ensure that the public's money is wisely spent. • OCSD's assets are monitored and evaluated regularly to ensure top performance and timely replacement. • OCSD values communicating our mission and strategies with those we serve and all other stakeholders. • OCSD will provide reliable, responsive, and affordable services in line with our customer needs and expectations is a top priority for OCSD. • OCSD focuses on creating the best possible workforce where safety, productivity, customer service, and training are a top priority. • OCSD has worked very hard to create an integrated planning environment which begins with the expectations of its Board of Directors and flows down to the work product of each employee. We have worked hard to assure our staff members are communicating and providing transparent services to each other in support of the plan. 4 • OCSD has developed an integrated Planning/Asset Management system that allows for intentional, thoughtful decision making to maintain current operations while adding resilience and meeting new challenges. • OCSD has an organizational structure with informal relationships between employees that allow for collaboration toward common goals. Public Affairs' Goals for Fiscal Year 2020/21 and 2021/22 1. Optimize communication with our internal audience including those operating in the field with limited time to access online communication. 2. Continue to build OCSD's reputation as infrastructure leaders in the wastewater and resource recovery industry. 3. Cultivate relationships with traditional and social media journalists and influencers to promote OCSD's programs and initiatives. 4. Enhance OCSD's image and branding by utilizing proper messaging in external communication pieces such as OCSD's website, presentation, digital media, and advertising. Maintain a positive experience and image for our visitors. 5. Identify and implement avenues for education and outreach within OCSD's service area to further promote OCSD as a resource recovery agency, promote OCSD's mission and promote career opportunities within the wastewater industry. 6. Develop and implement outreach programs that will engage the communities affected by OCSD construction projects. 7. Participate in proactive engagement in legislative advocacy efforts that could impact OCSD and the wastewater industry. 8. Monitor, track, and apply for grants available and that make business sense to OCSD. 9. Ensure that local elected officials, member agencies, stakeholders, and OCSD Board Members are actively engaged in the work of OCSD. 10. Ensure the Public Affairs Office serves as the primary spokesperson for OCSD during normal business and crisis scenarios and facilitates the dissemination of information. 11. Ensure the General Manager and Assistant General Managers are supported with information necessary to communicate to the varied OCSD audiences. To achieve these goals, the Public Affairs Office presents the following strategies and tactics, along with the primary staff assigned to that area. While individual staff members are the key contacts for each of the goals, the team works collectively and collaboratively, reflecting our core values. Our staff recognizes the key role we play at OCSD, not only communicating 5 information, but also teaching and consulting others and serving as a resource to our Board of Directors, employees, the wastewater industry, and our member agencies. As we navigate through the pandemic recovery efforts, the team will follow this plan, and make necessary modifications to effectively communicate OCSD's strategic direction. Flexibility is implemented into this plan to deal with the dynamic situation we are all in. Public Affairs Strategies and Tactics 1. Category: Employee Communications Program Manager: Rebecca Long, Program Coordinator/Support: Kelly Newell, Belen Carrillo, Gregg Deterding, and Cheryl Scott Goal (what): Optimize communication with our internal audience including those operating in the field with limited time to access online communication. Objective (measure): Create employee engagement by utilizing the identified communication methods to share agency wide messages. Increase the availability of employee communications by five percent based on previous plan's goals. Strategy (why): We value open and honest communication with our employees. PAO is committed to various efforts aimed at keeping OCSD employees informed about important topics, increasing the overall quality of communications to our employees while tying the business aspects of the agency with the human-interest side. Tactics (how): • Keep information on MyOCSD homepage current, relevant, and useful for OCSD employees by working with the various Departments to gather information that should be shared. • On a regular basis, staff will continue to support various departments with their communication and outreach needs. • PAO will produce six Pipeline newsletters per year with a goal of circulation by the third week of the publication month. • PAO will track Volunteer Incentive Program (VIP) points for all participating employees and coordinate the VIP appreciation celebration. • Create employee recognition and celebratory events throughout the year that comply with new social distancing guidelines, may include small in-person gatherings and virtual events. To include but not limited to the Annual Holiday Lunch, the Harvest Festival, and VIP Celebration, etc. 6 • Continue with the Honor Walk program which acknowledges retired staff and past Board Members for their contribution to OCSD. The recognition event will be hosted every other year starting in 2021. • Write and coordinate the 3 Things to Know email blast to be distributed to all staff each Monday. • Produce monthly Digester bulletin. • Coordinate and produce two Town Hall meetings (live and/or pre-recorded) to keep employees informed and engaged. • Host organizational awareness lunch-n-learns monthly to keep staff informed about agency programs and initiatives. • Research and identify an agency-wide digital message system to provide messages in staff areas across both plants and the Mt. Langley office space. Implementation to occur in Fiscal Year 2021-2022. 2. Category: Industry Experts Program Manager: Daisy Covarrubias Program Coordinator/Support: Kelly Newell, Gregg Deterding, and Cheryl Scott Goal (what): Establish and solidify OCSD's reputation as infrastructure leaders in the wastewater and resource recovery industry. Objective (measurable): Increase participation in strategic organizations through conferences, networking activities and awards by five percent. Strategy (why): To build positive public perception and confidence among our various audiences. Tactics (how): • Encourage participation and presentation in conferences. • Encourage and support award application submittals. • Publicize and coordinate award acceptance logistics. • Track all awards won by OCSD by keeping a master list. • Track and promote staff abstract's and publications. 3. Category: Media Relations Program Managers: Daisy Covarrubias and Rebecca Long Program Coordinators: Kelly Newell, Belen Carrillo, Gregg Deterding, and Cheryl Scott 7 Goal (what): Cultivate relationships with traditional and social media journalists and influencers. Objective (measurement): Increase media coverage with positive stories about OCSD. Strategy (why): While a presence in the community is important to putting a face on our agency, media (traditional and social) is equally important with a broader reach and a more direct line of communication. Tactics (how): • Annually update media list to stay current and fresh. • Develop a press kit to be online and interactive. • Build a calendar of news release topics of interest to the public and stakeholders. • Invite media for a facility tour (virtual or small group). • Develop media strategies for important events, decisions, or actions. e.g. CIP Campaign (see details in Category 6: Capital and Maintenance Outreach) • Conduct media training for Board leadership, EMT and key staff members. • Generate weekly (3-5 times) social media posts about the good things happening at OCSD with focus on OCSD's accomplishments and mission. • Continue with social media campaigns #OCSDatWork, #What2Flush, and those currently supporting ongoing efforts. 4. Category: Agency Branding and Messaging Program Manager: Daisy Covarrubias Program Coordinators/Support: Gregg Deterding, Kelly Newell, and Cheryl Scott Goal (what): Enhance OCSD's image and branding by utilizing proper messaging in external communication pieces such as OCSD's website, presentations, digital media and advertising, which includes maintaining a positive experience for OCSD visitors. Objective (measure): Launch a rebranding campaign for a new logo and a modified name over the next two fiscal years. Update collateral material, signage, website, social media accounts, and promotional material as appropriate and as it is used. Include in messaging that OCSD's official name remains Orange County Sanitation District. Maintain the lobby(s) current and informative with relevant information, i.e. displays, awards case, etc. Strategy (why): A cohesive voice, message, look, and feel are critical to the public perception that an organization holds with its community. A positive and pleasant in-person experience reinforces OCSD's culture and Core Values as well as showcasing OCSD as industry leaders, and a well-run organization, leaving behind the stigma of typical government agencies. 8 Tactics (how): • Update and maintain the corporate identity manual to provide guidance on use of the logo, name, use of fonts, and graphics. • Keep website current with informative news stories posted weekly. • Provide presentations, consultation, and advice on the branding and image of OCSD. • Develop new key messages focused on new branding logo and name. • Develop new collateral materials around the key messages. • Incorporate OCSD's messaging and branding into all external presentations. • Explore advertising options to inform public of agency efforts and role in economic development. • Fulfill all requests for graphics, photos, and logos. • Conduct second phase of community poll to determine name recognition and reach. • Develop an online community newsletter for digital distribution within our service area to increase awareness of OCSD, our programs, and initiatives. • Develop a branding plan for the new Headquarters Building. • Maintain the lobby wall in the Administration Building at Plant No. 1 and the Operations Center at Plant No. 2 with OCSD's current branding and messaging. • Rotate flags on light poles along Street Parkway on a biennial basis. • Keep the award display cabinet up to date by rotating awards. • Keep the retiree display in the Administration Building hallway up to date. On an annual basis collect the names of the retirees and update the display board. • Maintain and coordinate the installation of Honor Walk bricks on a biennial basis. • Display collateral material in a neatly and organized manner displayed with current and relevant information. S. Category: Educational Outreach Program Manager: Rebecca Long Program Coordinators/Support: Kelly Newell, Belen Carrillo, Gregg Deterding, and Cheryl Scott Goal (what): Identify and implement avenues for education and outreach within OCSD's service area to promote OCSD's mission and vision. Objective (measurement): Create and identify new educational opportunities including virtual events and webinars to promote and educate the community on OCSD's work and the essential service provided. Strategies (why): To further promote OCSD as a resource recovery agency, promote OCSD's mission and promote career opportunities within the wastewater industry. 9 Tactics (how): • Execute the Inside the Outdoors contract for Fiscal Year 2020-2021 to continue OCSD's educational program including the Sewer Science program to 500 students within Orange County and introduce them to OCSD's pilot virtual tour program. • Implement virtual tour program in lieu of physical tours of the plant which are temporarily suspended due to COVID-19. An estimated 1,000 participants will take part in the virtual tour program per year. • Evaluate the participation of community events due to COVID-19 restrictions. Once events are rescheduled within OCSD's service area, participation will be evaluated to determine safety for staff, and overall impact and reach. • Continue to encourage and promote the Volunteer Incentive Program to have a pool of staff that volunteer for events and speaking engagements that OCSD participates in. • Expand OCSD's speaker's bureau to provide a wider set of speakers available. • Create a Public Service Announcement (PSA) Contest—work with local colleges and high schools in our service area to create a promotional PSA for OCSD on a biennial basis. Obtain a minimum of 20 individual and/or group entries. • Implement a Wastewater 101 Academy for our ratepayers, fellow agencies, and influential public to showcase OCSD operations and initiatives. Host a minimum of four (4) sessions per cycle. • Research and obtain a Mobile Educational Unit utilize at public events that helps generate greater understanding of the wastewater process and OCSD's messaging. 6. Category: Capital and Maintenance Outreach Program Managers: Daisy Covarrubias and Tanya Chong from Engineering, Program Coordinators/Support: Belen Carrillo, Kelly Newell, Gregg Deterding, and Cheryl Scott Goal (what): Develop and implement outreach programs that will engage the communities affected by OCSD construction projects. Objective (measurement): Develop, implement, and provide outreach support for over 20 capital projects scheduled to break ground in fiscal years 2020/2021 and 2021/2022 within 12 cities. Strategy (why): Form a positive presence in the community prior to the start of construction projects or maintenance activities that is personal and proactive. Provide impacted community with information ahead of construction activities. Inform them of the benefits and need for the project to gain support and understanding of the necessary construction. 10 Tactics (how): • Proactively offer briefings and community meetings to impacted neighborhoods, civic groups, businesses, schools, churches, and other institutions within the project area on an as needed basis. • Launch CIP Campaign to highlight the efforts of the program and the financial contributions to the local economy. • Explore the option of placing advertising pieces in communities/areas impacted by construction. • Respond to inquiries within a 24-hour period. • Provide project description and notifications to impacted residents at least two weeks before construction begins. • Update collateral materials, fact sheets and website with current construction information on an as needed basis. • Maintain ongoing communications with city staff and Board Members on current and upcoming construction outreach projects in affected cities. • Maintain ongoing communications with impacted residents within the project area through collateral material (e.g., flyers, door hangers, emails, text alerts, social media posts, etc.). • Measure customer satisfaction through a construction outreach survey to be distributed at the close of construction programs. 7. Category: Legislative Affairs Program Manager: Rebecca Long Program Coordinator/Support: Kelly Newell, Gregg Deterding, and Cheryl Scott Goal (what): Proactive engagement in legislative advocacy efforts that could impact OCSD and the wastewater industry. Objective (measure): Continue positive relationships with local, state, and federal officials through facility tours, meetings, and bill tracking as stated in the Legislative Plan. Strategy (why): Legislative advocacy is an important aspect of our business. Having relationships and being actively involved, providing input and OCSD's perspective on potential legislature can and does directly affect OCSD and our business. The Public Affairs Office is responsible for executing the Board approved Legislative Plan, which is updated on an annual basis. In addition, staff is responsible for tracking state and federal legislation, managing the Sanitation District's legislative advocates, and seeking appropriations and grants. 11 Tactics (how): • Develop and implement Annual Legislative Plan in the second quarter of each fiscal year. • Track bills and maintain a priority list of key legislation. • Provide regular updates to the Legislative and Public Affairs Committee on state and federal matters. • Host legislative tours. • Engage in Advocacy Days in Sacramento and Washington DC twice a year. • Take positions on bills that could affect OCSD or the industry. • Work with industry organizations on state and federal issues to ensure OCSD's positions are communicated. • Partner with industry organizations to co-host virtual events and activities. • Manage the legislative advocates' contracts and facilitate regular communication between lobbyists, staff, and the Board of Directors. 8. Category: Grants Coordination Program Manager: Rebecca Long Program Coordinator/Support: Kelly Newell, Gregg Deterding, and Cheryl Scott Goal (what): Monitor, track, and apply for grants available to OCSD. Objective (measure): Apply and obtain grants for qualified OCSD projects and programs. Strategy (why): Outside funding is important in moving OCSD projects and programs forward. With ongoing attention to government spending, it is vital for OCSD to apply for and secure grants to offset costs when available. Tactics (how): • Apply for two grants a year based on availability. • Develop Grant Policy during fiscal year 2020-2021. • Research grant opportunities and report out to the Legislative and Public Affairs Committee. • Seek appropriations and grants and provide support to other divisions seeking grant funding. • Secure letters of support. • Publicize grant awards received. • Create and measure outcomes. 12 9. Category: Local Government Affairs Program Manager: Daisy Covarrubias Program Coordinators/Support: All PAO staff Goal (what): Ensure that local elected officials, member agencies, stakeholders, and OCSD Board Members are actively engaged in the work of OCSD. Objective (measure): Provide at least two communication tools per month. Strategy (why): Keeping OCSD's influential public engaged in OCSD's projects and accomplishments are critical to the support and success of our agency. Tactics (how): • Provide Board of Director's with speaking points following every OCSD board meeting that can be used when reporting back to their respective councils and community groups. • Facilitate an orientation for new Board members. • Develop and keep a current list of monthly informational presentations. • Maintain an informational presentation video library for the Board of Directors on key agency topics. • Provide regular reports to the Legislative and Public Affairs Committee. • Develop OCSD's Annual Report. • Publish a Five Minutes Per Month, each month. • Coordinate presentations to each member agency. • Participate in government affairs committees. • Invite new council members within OCSD's service area to take a tour of OCSD. • Create and distribute quarterly outreach tool kits for member agency PIOs to help them easily share and disseminate information about OCSD. • Host a "State of the District" event for influential leaders throughout the infrastructure and water/wastewater industry, including virtual option. 10. Category: Crisis Management Program Manager: Rebecca Long Program Coordinators/Support: All PAO Staff Goal: Ensure the Public Affairs Office serves as the primary spokesperson for OCSD during normal business and crisis scenarios and facilitates the dissemination of information. 13 Objective: Ensure that the PIOs in the PAO can respond in a crisis. Provide a crisis communication training course every two years by an outside consultant and an annual refresher course by staff. Strategy: It is imperative during a crisis that OCSD be proactive and provide clear and effective messaging to employees, public, and the media. Tactics (how): • Maintain an updated crisis communication plan including regular briefings with staff to identify possible issues and responses. • Maintain and update PAO's Continuity of Operations Plan (COOP). • Work with Risk and Safety Management on Public Affair's role in an emergency, including our role via the Integrated Emergency Response Plan. • Ensure proper procedures are in place for Board, employees, and public notification. • Maintain updated contact lists for resource, member, and partnering agencies to coordinate and assist during crisis. • Develop protocols on everyday PAO tasks to facilitate the operations of the group in a time of crisis. 11. Category: General Manager Support Program Manager: Daisy Covarrubias Program Coordinators/Support: All PAO Staff Goal: Ensure the General Manager and Assistant General Managers are supported with information necessary to communicate to the varied OCSD audiences. Objective: Develop monthly communication pieces on behalf of the General Manager. Ensure General Manager (or designee) is participating and involved in promoting OCSD's initiatives. Strategy: Collaborate with the General Manager to prepare communication and messaging that reflects the mission and vision of OCSD. Tactics (how): • Assist the General Manager and the Assistant General Managers with keeping the Board Members informed and up to date with OCSD activities. • Assist in the development of the General Manager's Monthly Report. • Develop talking points for Board and Committee meetings. • Develop material and speaking points for presentations and speaking engagements. • Support the development of the OCSD Strategic Plan. • Assist in the development of the General Managers Annual Work Plan. 14 • Manage Ask the GM questions submitted. • Coordinate and support VIP tours guided by General Manager and Assistant General Managers. Closing Comments This plan is a broad outline of the Public Affairs Office program. As new issues arise, new functions and duties will evolve as well. The role of the Public Affairs Office is to stay ahead of issues, be responsive and flexible to meet the needs of the agency. We will adjust our program accordingly. Appendix A. Highlights of Performance Results from Fiscal Years 2018/2019 -2019/2020 B. Public Affairs Portfolio Fiscal Year 2019/2020 15 Appendix A: Highlights of Performance Results from FY 2018/2019 and 2019/2020 • Over 75 construction outreach pieces distributed regarding specific CIP projects reaching over 155,0000 people • 800 internal communications publications: 3 Things to know email, Digester, Pipeline and MyOCSD • 11 internal events • 18 published news releases • Over 30 articles mentioning and/or focusing on OCSD • 1,350 Social Media posts reaching over 400,000 people • 85 Website posts • 17 Community Events reaching nearly 12,000 people • 54 Speaking Engagements (8 career days) • 283 Tours reaching approximately 4,534 guests • 1,700 students reached via Sewer Science Program • 22 Agency Awards Received • 2 State of the District events reaching 215 guests • 2 grants were successfully applied for and received totaling $42,000 for Headquarters Project and Tour Signage • 40 legislative bills monitored and tracked • 4 Federal Position letters and 12 State Position letters issued • Governor agreed with 2 of our bills/positions: o SB 212: Jackson. Solid waste: pharmaceutical and sharps waste stewardship. o SB 1440: Hueso. Energy: biomethane: biomethane procurement New Tactics Introduced • Member Agency Outreach Toolkit • Board Member Speaking Points • Virtual Town Hall • Orange County Polling • Communications Audit • Paid Advertisement— OC Register Water Insert • Regional Outreach Program (CIP) • Tour signage 16 Q Aublic Affairs Division o 1 :44 Ellis Avenue • • Fountain Valley, CA 92708 9o��cT�N6 ENv�Po���= THE NONE MEN No PU LIC AFFAIRS PORTF • L 1 • Fiscal Year 2019 - 2020 O�JN�V S A N I Tg TKO L 2 � Q � c> Ng THE ENS T A B L E 0 F C 0 N T E N T S Outreach 3 Special Events 22 Internal Projects 27 Branding 46 Reports 51 2 OUTRE A CH R 1 Working MIMS �� 31i1193M OHM i CONSTRUCTION BID � OPPORTUNITIES WORKING x , .�rrea.rr.b...��rea WITH N e ua 0 »aasa.nao.....ura. H�nemr�o-�¢e�Pc.iam�mws � a�owoa..c . Brochure - aM'e BMrzo Np 6on 9�cbb �' •- comgx.�in equal laps<n.�mlc.larnmin�or�amrd ry �� OUTREACH Construction Orange County Sanitation District THE MORE YOU KNOW! ---- NF EM� M� SOURCECONTROL Through the Source Control Program,OCSD regulates and monitors ndus[ries to keep toxic pollutants out of the sewage system. URBAN RUNOFF Through the Urban Runoff Program,OCSD accepts the diversion of urban runoff to the sewer when it s not raining.The urban runoff is treated before being released Into the ocean,or sent to the Orange County Water District for reclamation. WASTEWATER TREATMENT At 01 wastewater goes through preliminary,primary,and secondary treatment before being discharged Into the ocean or sent to the Groundwater Replenishment Syt.em(GWRS). GROUNDWATER REPLENISHMENT SYSTEM GWRS is the world's largest advanced water purification system for potable reuse.This pr ject is jointly sponsored by OCSD and the Orange County Water District f� NERISSA On board the Nerissa,OCSD's 50-foot ocean "search vessel,we sample 35 square miles of the an,testing and monitoring ocean sea life and sediments from the ocean floor to make sure no pollutants cause harm to marine life. To take a tour visit us at OCSD tours. ©lO Orange County Sanitation District Follow us on social media @c Irs. lJ MAINTENANCE / CONSTRUCTION Notice NOTICE September 2019 Where In the city of Huntington Beach,adjacent to the Santa Ana River Trail north of Hamilton Avenue along the fence line of the Sea Spray Condominium parking lot area. What Orange County Sanitation District(OCSD)will be placing erosion control measures consisting of dirt ovaI,grading,removal and replacement of fiber rolls,and other items as required. To nsure the safety of everyone,the pedestrian gate from the Sea Spray Condominium parking lotto the Santa Ana River Trail will be closed for the duration of the work. When Week of September 9,2019 Work hours are 7 a.m.-4 p.m.,A-F Dates and times—object to change due to operational or inclement weather. Why Properties adjacent to the Santa Are River have major pipelines and utilities owned and maintained by OCSD.Erosion control will be placed to protect these utilities and mitigate erosion. Who OCSD is the public agency that provides regional wastewater collection,treatment and recycling services for approximately 2.6 million people in central and northwest Orange County.OCSD operates two facIIities-Reclamation Plant No.1 in Fountain Valley and Treatment Plant No.2 in Huntington Beach-and treat an average of 185 million gallons of wastewater each day. For more information,please call our dedicated Community Liaison on the Conatr.Rion Hotline(714)378-2965 or email o.mmuctionhotlina@acsd.com 108E4 Ellis Ave.,Fountain Valley,CA 92708-7018 www.ocsd.mm I Connect with us on social media @ocsewers 5 OUTREACH Construction ORANGE COUNTY XOW WE IHeTALL SANITATION DISTRICT I Orange County Sanitation District Stay informed STATE COLLEGE Please sign up to receive text alerts SEWER 2 and email notifications at www.00SD.com/StateCol lege or email us at CONSTRUCTION ConstructlonHotli ne @ ocsd.com o For more information,please contact ALERT ••,j�j A• our dedicated Community Liaison at 657.208.7900. connect with us on social media t @ocsewem t -• In©no 5 Brochure H Ha,e Questions?Please Contact STATE COLLEGE t oer�e7)208-700ison (697)208-7900 SEWER "rr—'" Constructi—Hotline@ocsd.com IL.."" n:State College Blvd.from CONSTRUCTION Undmhel Aye.to.outh of SR-9, m Timehame:Summer 2019-Winter Phase B of the i It 2020� Newhope Sewer Location:state college Bid..from O Vermont Ave.to Underhill Av. Replacement Project Timefmme:Spdng 2020-Fall 2020- (Entendetl wodc houre required) 1 The Orange County Sanitation Loeauon:state college Blva.from Bali District (OCSD) is starting - Rd.lo Vermont Ave. construction on State College """- Timefern.:Spdng-Summer2919- Blvd.from just south of the 91 �I freeway to Orangewood Avenue nnnal—raotionswllloaurat retardate in the City of Anaheim to replace AMMEIM four miles of sewer. Mtn ciryofAnaheim.water line -- ■ in ..-re will I.simultaneously The work will be done in segments, pew.ewer inconatrucdon d the ne please note the various time - n frames for each area highlighted _ Lin=In to La Palma Timetran e on the map.Lane closures will be Spdng-Summer 2020 required for all work so we advise ongoing that you plan your commutes Futare accordingly.Please refer to our �complataa paleral oonneonona win 000w website or the Construction from Fan tote-Wlnler2020) Hotline for Specific details. - Location:Hatuming to intersection of State College Blvd.&Orangewood Ave Tirrlaf ermi:W'mter 2019(Angel'. a•OCn Is a public agenty Mat provltles offsea on) snd el 'Ir,�e^er coll1r,.n,treatment, More information al www.00BO.comlalatsCalle Connect with us at d cycling kes for and IN malely 9e Qaea 2 fi million people In cenlml antl noMwasl Ray.7118119 Orange County. (Oates are auger ro mange due ro oparetronal/snore or mckmenr weaned. 6 OUTREACH Construction Orange County Sanitation District WESTMINSTER BLVD. About us The Orange County Sanitation District(OCSD)is a public agency that provides wastewater collection, -- - - - - - treatment,and recycling services I. approximately 2.6 million people in In central and northwest Orange County.OCSD operates two facilities —Reclamation Plant No 1 in Fountain Valley and Treatment Plant No.2 in Huntington Beach—and treat an average of 185 million gallons of wastewater each day. Jae" Ja�e`I srmwn[a ` er Blvd. Orange County Sanitation District vyest Sewer Project 3 WESTMINSTER BLVD. - Sewer Project � sore _ N — _ ��o�e dFa� SEWER March 2020 Questions? CONSTRUCTION If you would like additional information,please call the OCSD Construction Hotline at(714)378-2965 or e-mail IS STARTING Starting location ConstructionHotline�ocstl.com.For additional information on the Orange County Sanitation District please visit Work will commence in the City of Seal Beach on Westminster Blvd.between www.oesd.eom/westminsler or through social media @ocesm ars. The Orange County Sanitation Seal Beach Blvd.and Boise Chita Rd.It is about a 2-mile stretch of work District(OCSD)is be.to start activity,in the City of Seal Beach before work commences in the City of constructiononthe Westminster Westminster,east of Boise Chita Rd. Blvd.Sewer Project on nearly 3 miles of regional sewer pipelines. Mailer Starting as early a a April 2020 and mnclutling late 2022 Monday to Friday,5 a.m.-7 p.m. si uroralroursendrrof�cewutGeFmHde6 N Aente�cn V What to expect Most work for the Seal Beach portion of Westminster Blvd,will be within the canter median.The roadway will be widened,treffic lanes restriped,and k-rail set In place to accommodate the work In the median area.There will ba periodic traffic delays and restrictions reducing the number of open travel lanes during nonpeak traffic hours. Thank you for your patience,we appreciate your support as we work to improve Orange County's regional sewer. Stay informed Questions? Visit the project—leite to learn more at Contact the Construction Hotline 714.378.2965 www.00SDonmMestminster. or email ConstructlonHotllne®ooad.com. 7 OUTREACH Construction STATE COLLEGE SEWER CONSTRUCTION Orange County Sanitation District NEIGHBORHOOD BULLETIN ...,... Why Is Construction Taking So Long? We have installed about 60 percent of the pipe So,what is taking so long to finish? What"s the We are making great progress with the sewer Installation along State College Blvd., however,it's a big job with a lot of puzzle pieces to put together so it takes quite a bit Construction of time.Each area has to be done in stages.Let's take a look at some of the many on State "pieces"Involved in sewer installation. College Blvd? The Orange County Manhole construction and Sanitation District connection of Lateral Lines (OCSD)the regional Once the pipe is installed downstream, tro Trend confirm,and K-Rail ews return to the area to construct ntly replacing four Lane closures,traffic cones, manholesforfulum access of the pipe and K-rail are put in place to and to connect laterals to the newSinger pip.on State establish construction zone area Ilne.To do this,the area must once College - and provide a safe work space. again be trenched and shored to kept the SR-91 to initiate connection of the line.Once Oangew.it Avon.. completed ,the laterals will take water City of Anaheim. In the generated from homes and business Construction began to the newly installed sewer line, I,Sol plied to be completed in late ID10, Removal of Shoring and Backfill Pipe Installation The area is restored to allowfor Your Crews work 20 feet below street complete access of the road giving Safety State level ro safety felt the pipe. the illusion thataccess the work is complete. It's a big job,and This Is a temporary step that needs to be done prior to us coming back thisisabigpipe... 1��1 to put the main line in service 41/2 feet in diameter to be Matters i College exact re'These steps a a situp ifisd version of how During construction of this Excavation and Shoring the work Is done,as each project,extensive traffic control Sewer Excavated trenches are 20 feet stage has its ow specific s required for the safety and deep and need to be secured Restoration: omplexities.Wen may welfare of everyone. with large plates installed on both Street,Median,Landscaping appear to r be finished in one We ask that you please drive progress sides of the trench.This"shoring" This is the final step In the process, area,only to come back at carefully and obey all of the prevents the trench from caving Repair metllans,curbs and gutters, alater date for additional traffic signs posted.Pedestrians in,keeping the construction crew landscape,Irrigation,and pave and necessary work,but In the should exercise caution when and all the necessary equipment re-stripe the road back to its original and all the puzzle pieces crossing the street and only - in the trench safe.Once the site is condition. all fit together so the sewer use the tlesignated crosswalks. ured,the dirt is removed. system can keep operating. Safety Is our priority. Sign up to receive text alerts and e-notificallons at w,wini.ocsol.com/Statecollege Mailer ` —We're OPEN Please support your local businesses and merchants _ .long Slate College Blvd.during construction.always They remain open andSheare always accessible. Este poll esta disponible en espanol an nuestra pagina de internet www.oced.com/statecollege This praise[is one of life's necessities-updating the .,we,system that flushes away waste and water from bathrooms,laundry,and dishwashers Is vital to connect with us on social our community's health and safety. @oeaewers We thank you for your patience as _ ©®O we complete this necessary project. 8 OUTREACH Construction CONSTRUCTION INFORMATION FINAL EXPANSIONw The Orange County Water District(OCWD)is constructing two large tanks and ,I—Al - - a pump station at the north and of the Orange County Sanitation District's(OCSD)Plant No.2 in �' Huntington Beach.The tanks will have a combined capacity of six million gallons of reclaimable water that will be pumped 3.5 miles to the GWRS facility in Fountain Valley for treatment and injection into our groundwater basin. Construction Activity:Current—Spring 2022 Work Hours: Monday—Friday,7 a.m.—7 p.m. What to Expect: Construction activity,equipment and associated noise may be noticeable. Please be assured that we adhere to all city ordinances and permit requirements. We understand that construction can be an inconvenience and thank ytm for your patience. Call:Construction Hotline Email: U Visit: awn Postcard #G w R s l FINAL EXPANSION G W R S FINAL • • ' " • GROUNDWATER Rf PLfNISHMENT SYSTEM EXPANSION Deep Soil Upcoming Construction Activity to Commence An Orange County Regional ' As part attire Groundwater Replenishment System(GWRS)Final Drought-Proof Infrastructure Project Mixing Expanslon, the Orange County Water District (OCWD) Is nstructing two large tanks antl a pump station st the north end Description Me 2020—A August 2020 of the Orange County Sanitation District(OCSD)Plant No.2. y ugu Water reuse project that creates additional drought-proof drinking water Mon—Fri,7a.m.-5 p.m. The contractor on the projecl,,beg,nning to prep for deep soil mixing, supply for a total of over one million people,by expanding highly-purified w..„ynimma,9.sue amethod for-heading the ground capacity and strength by improving recycled water facilities from too million gallons per day to 130 million .,vu .wm ^°"eio` an0 soils underneath the location of the future structures. gallons per day at the lowest cost of water per drop for Southern California. An auger is attached to a crene-supported equipment the sugar drills AStrong Investment Amu into the ground and constructs cement-mixed columns below theground sudace. •Dcreases the need for importedwaterfromNortham California WHAT TO EXPECT and the Colorado River.Noise from construction euipment and activity may be noticeable •The Orange County Water District has for nearby reside... a proven track record of successfully completing this type of project. Any• monitored on minor vibrations as a result from this activity will be closely •When completed,the GWRS plant will duce the equivalent of one 1 , inurax p p pro quiva year's Increased truck traffic may be noticeable.Please note we do not water supply for over one million people. 1 allow our coniroctors to stage on Brookhmst Street.They are •The groundwater basin functions as an underground reservoir.Water is immediately let in after clearing security.Any vehicles that queue stored and pumped when needed for drinking water.Adding more water to along B..khurst Street are not related to any projects taking place the basin increases the a,,l lable supply and helps during droughts. at OCSD. Please be assured that we adhere to all city ordinances and permit •Featured on 60 Minutes,National Geographic,New York Times,The Wall require ants. Street Journal and winner of more than 50 national and international awards. E s After the deep soil mixing activity is completed,excavation will take place at the location of the new tanks to be constructed.This will require trucks in and out of the facility. The Orange County Water District(OCWD)manages the vast Orange County a-a Groundwater Basin that supplies 77 pane.oMe water supply he 2.5 million ABOUT GWRS residents in north and central Orange County. GWRS is the worlds largest potable water punficabon system,taking highly treated wastewater that would have previously been discharged The Orange County sanitation District(OCSD)provides wastewater collection, into the Pacific Ocean and purifying it using a three-step advanced treatment,disposal,and recycling services fm,pprmimately 2.6 million people m ' treatment process consisting of microfiltretim,reverse osmosis,and emmil and northwest Orange County. ultraviolet with hydrogen peroxide. Deep sail mixln9 arrrvlry raokplare GWRS is ajoint collaboration between OCWD and OCSD. • onthea dean Duifoll system project in Juj.l ry 2¢39. For more information on the GWRS: ww.ocwd.com/gw 0 Fw9ena,a,Morm+eoanm asry a.pm....sn xxw.�OCWD�!wemroWRam � :i.IdSj..... y January 2g20 Flyer Fact Sheet 9 OUTREACH Construction ORANGE COUNTY SANITATION DISTRICT CONSTRUCTION ALERT MACARTHUR PUMP STATION MacArthur Pump Station August 2—4,Construction Activity at the What: Orange County Sanitation District(OCSD) will be replacing two existing valves at our MacArthur Pump Station. A bypass pumping operation will be in _ place during the work to continue to provide ninterruptetl wastewater services to the community while the pump station is temporarily out of service. •'� A temporary bypass system of pumps / and above ground pipes will require traffic \ yr control and lane closures along southbound �b7 MacArthur Blvd.Driveways will remain accessible.Left turns will not be allowed for \ �_ northbound MacArthur Blvd.between Newport l• Plaza Dr.and Birch St. When: Continuous work starting Friday,August 2 at 8 p.m.to Sunday,August 4 at 8 p.m. Where: MacArthur Pump Station located at 4219 MacArthur Blvd.,Newport Beach Above ground bypass pipes and traffic control will extend along MacArthur Blvd. between Michelson Dr.and Von Karman Ave./Newport Plaza or Why: Operational equipment are nearing the end of their useful life and need ORANGE COUNTY SANITATION DISTRICT replacement.This work is being done during the weekend to minimize impacts 1—Ell s Avenue,Fountain val,v CA 927—ots to traffic. The pump station is critical to the conveyance of wastewater to 2 regional treatment facilities located in Fountain Valley and Huntington Beach.If the pump station is not operational 24 hours a day,there could be a sewer bade up CONSTRUCTION ALERT eventually leading to a sewage spill. lo—Ems Avenue,Fountain veliay,CA 927oam1e lyrn,.00:a.00ml C-11t wnh„s on w-fteee— SEE INSIDE For More Information Mailer Stay informed Call the Construction Hotline at(714)378-2965 Email DontructionHotline@ocsd.com Visit ww.ocsd.com Connect with us on social media @ocsewers KI©O O The Orange County Sanitation District is a public agency that provides regional wastewater collection,treatment, and recycling services for approximately 2.6 million people in central and northwest Orange County. XF 10 OUTREACH Construction Orange County Sanitation District � No 0 WARNING Parking Monday - Friday, 9 a.m. to 1 p.m. The Orange County Sanitation District maintenance crew needs access to the driveway for schedule maintenance work. This odor control dosing station allows OCSD to keep the odorous smells away. PLEASE NOTE:Costa Mesa Police Department will be ISSUING CITATIONS to individuals who do not comply. Questions? Please refer to posted signs. � SAxligT -21 9 10844 Ellis Ave.,Fountain Valley,CA 92708-7018 .� P www.ocsd.com " x Notice 11 R 1 • n s t r u c t • WORKING WITH � Over the next ten years, OCSD's Capital Improvement Program plans to spend $2.8 billion in projects, which include: TPAD DIGESTER FACILITY AT PLANT HEADQUARTERS COMPLEX, N0.2,PROJECT NO.P2-128 PROJECT NO.Pi-128A Construction Estimate:$265,100,000 Construction Estimate:$99,100,000 Consultant RFP Advertise Date: Advertise for Bid:July 2020 January 2020 Construct a new headquarters building This project will enhance the existing to house administrative and engineering anerobic digesters and build six new staff in the City of Fountain Valley. thermophilic digesters, Class A batch tanks,and cooling facilities. A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT PLANT NO.2, HEADWORKS REHABILITATION AT PROJECT NO.P2-98A PLANT NO.1, PROJECT NO. Pi-105 Construction Estimate:$143,off,000 Construction Estimate:$291,800,000 Advertise for Bid:October 2020 Advertise for Bid:July 2020 Demolish and replace four existing Rehabilitate and upgrade facilities at A-Side Primary Clarifiers with flat the Plant No.1 Headworks, including covers; replace the South Scrubber Metering and Diversion Structure,the Complex with a dual stage chemical Bar Screen Building,the Bin Loading scrubbing odor control treatment system; Building,the Main Sewage Pump replace existing utilities;demolish a list of all upcoming design consultant and construction bid Station,the Grit Basins,the Primary power building;and install a new power influent channels,the Headworks Odor building. Control Scrubbers,and electrical power distribution and control systems. opportunities, OUTREACH Construction the or • • • c o r n - IVoL 1, No. 71 Fa17 2019 i SET, r � GO. Construction Begins The world's largest potable water reuse project is getting BIGGER. The Final Expansion of the Groundwater Replenishment System (GWRS)will allow us and the Orange County Water District(OCWD) to recycle an additional 30 million gallons of water per day(MGD) Over the next several years, for a grand total of 130 MGD.This system allows us to decrease our Orange County Sanitation dependence on imported water by producing enough water for one District's(OCSD)Capital million Orange County residents.We've shared with you in previous newsletter issues that in order to meet the 130 MGD goal we need Improvement Program is to take flow from Plant No.2 in Huntington Beach and pump it up focusing on infrastructure and to the GWRS facility in Fountain Valley.What we haven't told you is resource recovery.This OCSD what that means for Plant No.2. publication is to keep you,our neighbors,informed about construction activities at our Huntington Beach treatment facility(Plant No.2). Plant No . 2 Neighborhood Newsletter 13 OUTREACH Construction 6111111111111111111,,,I„IIrIl,llllllllll,l,ll,llllllllll^II ' bi66-HOLZ6 tlJ A3TVANItl1Nn01 3NN3htl 3 ll1a1610 NOI1tl11NV6 ANOIOD 3J-0 NVa vn mr�.eOamvOw�,aw15NOJ IIHW�Ald3b�5�53NISf19 �.I ---------------------------------------------- b J• / Thank you for attending our Huntington Beach facility tour. We would love to hear your thoughts on haw we can improve the tour. wnat ma you tmnea�trw roue THANKY • Oo you have any auggeaflona on M1ow we can Improve the roar? Thank You Card ��kct rnt;NTI "ANI►A►ION CQlI,,`� BffOR� COVER«� ��w sa.sara•rh City Planner Marketing Piece Sample Mug 14 R 1 • n s t r u c t • ,21 ���._ How we install STATE COLLEGE SEWER ��� SEWER PIPES AFFIC CONTROL � � First step is to establish the work � f zone by setting up lane closures, � _ traffic cones,k-rail,etc.This helps provide a safe work area. - . SEWER BYPASS r* A bypass system is installed to • [_ redirect the sewer flow to be able r` _ to replace the aged pipe while maintaining sewer service. CONSTRUCTION o o Pa �e�eed a�a a 9 e ovaass s�o�a4�,ad�. Orange Counly Sanitation District PIPE INSTALLATION l After area is excavated,shored, Spring 202(r 7 ,� and prepared,the pipe is installed J segment by segment(pipe segments � i vary in length based on size of the pipe). �1 r ,�,�'• MANHOLE CONSTRUCTION Once pipe in installed,the manholes are constructed to allow access / in the future for maintenance and operation of the line. STREET RESTORATION Ball Ad. Repair of medians and curb and - ! ___ AL gutter that may have been impacted. �� �— Sowing The last step is to pave and restripe F� the road back to its original condition. - ; r Sall Rd 1=11111 Ongoing Futioe 'Lateral co�nection w4l occ.,at later dole 1• Poster 15 R 1 Social • k sty • ` 1 HAPPY ` , - �M� LABOR DAY � k � RIS � r 'll * ... 1°"'°'".°K.^'°•':'•2°ts Monda Se t. 2 2019 °ro" "w1Defo"d R NkewHOry.pecenwe.l5,20t9 Y' P ' Wednesday,January 1,2020 rM 7w,•r 4..prr � 4po.t s.wr I....p.r». MORIAL �.rn�.cs�.0 1 un.•uwr � i..•M• DAY 11K� .�R� Rdpo N ram►- :,,,: Onr offices will be closed _ 57-1-171 Report Sewer Emergencies r . '; _ Ca11714.962.2411 � �_ I, r t•I r�w Y. �.►�..`.�w314�t � oil �� �, it��sae•I�bY001 v • A v • w Social • OUTREACH Videos OCsewMa �: LL a C7Q � q 238 views Liked bt*cuyamaca w.terstuds attd _. brownattdcaklwN DeSetvers National Empbyee Apixeoatton Day Is TODAY,We appreciate al the v k OCSD ertmoky,"s -su do every uVIe day to oto•,ect out4c health -e View 6e OMS 3e7 vwrws L.krO Cy ocwd at J bfw nendco$&nll ociiia"m T,eatmq na:le.aw,a:cast'a:1.:,9 ocsewers ON sh Ir•srphl r ~ Z) Q V [a 241 vows L.ed by c Wff eaasanitary�tttilt oesaww/U.r to OCSO lop tM OC Sewers P=Sewers•2/19f20 Imagine engineering a system that successfully and thoroughly recycles View Insights most of OC's wastewater.Our Engineers did THAT.Happy nEnguleersWeek 156 views ocsewers OCSD empbyees take safety VERY SERIOUSLY'ngreatshakeout#ShakeOut#OCSDsa'e rl5aletyf it 1 IR _ Videos 177 news Q t14 14 u III 17 OUTREACH Events gallons w supply r to mgd of treated We collect 185 million 9 wastewater to OCWD for the of wastewater a day.That's Groundwater Replenishment enough to fill Angel Stadium System.It is used to more than 2 times in a _ produce 100 mgd 0f 24 hour period. , purified water. ti ORANGE COUNTY SANITATION DISTRICT I t Through the wastewater treatment process,we OCSD maintains near) 400 Y produce enough electricity miles of regional sewer to power a city the pipelines in Orange size of Brea. County. Do you know what should go down the drain that is sewer safe?It's simple,the toilet is only meant , to flush the three Ps—pee, poop,and paper. • Event Sign 18 OUTREACH A w a rd lanning ir Future Risks: AT ORANGE COUNTY SANITATION DISTRICT J s. CLIMATE RESILIENCE Climate Forces Considered as Part of the Study Vulnerabilities Adaptation Planning for infrastructu OCSD la mnatantly atrlving to be resilient,reliable,antl rorwartl- By focuainB eirorta on rlgh Pr—,IMreat--antl untlereta.-g elMe 1.ft., Builtling level Flootl PMectlon thinking.Recognivng Me value of our lnfrastruclureantl tM1e risks OCSD can prmi resiliency antl atlapmbilily within upgratlesto infres —antl-lies. p—d by d.. romea of naMa,we M1ave mrd.-d a climate Iiency Mutly to baiter prepare br the tX— .wnvauwmr..mic �� Stilw -�1 _� .«a w,.,M®.._. •__ ..... arr...aM1lm �`^^ ,in.�n• LT 7 /tI'Y r Flooding in Orange County Marry pf OCSD9 faNlinea ere bcaletl near the.peat enclosetl bays,pr 4yy making fbotlinga major risk W Ne se es prao—by OCSD. vel F-d Protection �ItA�A� .nit tiNNM'n-.wit �r rl��y�•• .v � I t ......• f«. "K w �+..r...•+ a la,sa,es,rm nM1s�wnooe.xlawla. J t,+ �rff�itl • .e W y Achieving Greenhouse Gas(GHG) (��+�•. EmlSslon Goals I1Fwn�� Q.- storms,Nacetebro in—a-obphsreapna'In metlores eMlreemlse Flood Protection and Resiliency .~•�Simple atlaptatlons can be mmrporetatl Inro I—dual facl1—ro pmbcr ag.—nootling. r�—' '• _ _ «r+.. -. .. Builtling lerelsNNbna generallypMeNe greater number of�ssetsM elawer coat } - � so tlons b)preventlng ilootl waleMrom entering tM1e hcllny. 4 - f t Ha zen Poster 19 OUTREACH Award EMEMEMEM MEMMEMEM MZ1oVq, MM6"MP1 tp0{{Etr hw.r FavVr V.rr U at7lY >•1�96i Ntt wnrongcon Cvnw wwe xt. f i'7 � f<n.n.uv F'W0�'rr�n Qoo.rn-PRa.:d tr w. Introduction !� TM0"Cow,S.-"—Oft-..PtkcVvg."&-A,P'aW....wwe. cotrda�.br�n/l rd ncForq vwntu b 0�n Fr�p. CWEA �1 r[OA01 Yp IpFMOp Dtit�CpnF/$/Gr N 01RK�J.rl\M WOIF MtLI ■���� �U tl rM.OIY Flrl.HOY Owt tM IWI.bN.fltbrr a wM i/M w yrfON WO b 0.0•�M�wr00 d�o0a.artrnan reavy M,M th rAs^ AWARDS MEN tnr.rOM odYoan was a Mt tN Otrq.CowF 9+r�.0artnr+luio tu¢�.r OC90� APPLICATION Community Engagement - and Outreach-Project of the Year OCSD Tour Program Application - The Orange County r' congratulates Chris Cervellone on his induction as a Life Member of the C06iff American Society of Civil Engineers Los Angeles Chapter. r Program Advertisement 20 OUTREACH Other Orange County Semite ion District Wastewater Discharge Request Process Generator/Requestor Responsibility: to Have other Evaluate Include the following: other disposal •Facility Name disposal option.such as •_-ananNAtltlress methods been No tehauling, •ContaM Information considered not euse/recycle,etc. •Description feasible? •Origin Process Treat or,Disposal History Volume&Freque Yes Orange y Oran Count Santitation District • ncy Canned a sample of all wastewater and...lyzefar pollutants expected to be present and Wastewater Discharge Request Process submit a Laboratory Analysis Report (refer to OCSD's Wastewater D'scherve Regulations Ordinance article 2 for detailed lid) Generator/Requestor Responsibility: Is the proposed discharge Can the wastewater yea Conduct treatment Have other other a sate posal in compliance with OCSD No be treated to meet of wa tewater and disposal options such as Wastewater Discharge compliance? .anti eOCSD d methods been No ..at he,I., Ordinance Prohibitions, tr�antl tletailsh� Please fiu out the Discharge considered not rsuse/recycle,etc. Authorization Request Corm Terms,Conditions,&Limits? HERE. feasible? No Rvreve liner L4 Regulation:OCSD WDR Ordinance Disposal Option Yes Yes Determine a discharge location that is acceptable Collet a sample of all wastewater and analyze for pollutants expected to be present and Is the request for washwater? to the local sewer Submit a Laboratory Analysis Report (mobile detailing,carpet cleaning, No authority(city/ (refer to OCSO's Wastewater Discharge Regulations Ordinance article 2 for detailed lien pressure washing,steam cleaning,8 nicipality), submit the Requested other similar activities) property owner, Information& an4/or OCSD Documents to OCSD (depending on to begin the review Is the proposed discharge Can the wastewater Yes conauct treatment Yes the owner of the Authorization in compliance with OCSD N. be treated to meet d wasewater and process. .anti yOCSD of discharge point) II D issued from Wastewater Discharge compliance? treatm t mdhotl Review OCSD Business Rule OCSD if approved. Ordinance Prohibitions, and details B70.sposal Wasines Disposal Guidelines Terms,Conditions,&Limits? Questions? Dq Regulation:OCSD WDR Ordimm No Pursue other Contact your local permit specialist HERE. Y. Determine Di penal Option discharge location that is acceptable Am Is the request for washwater? to the Iocal sewer (mobile detailing,carpet cleaning, No authority(city/ Nr F I y e r pressure washing,s cam cleaning,& municipality), submit the Requested other similar activities) Wo�r owner' lnb-.ton& Dau ments to OCSD (depending an to begin the review Yes the owner of the process.Authoriution discharge point) will be issued 7rom Please see OCSD's OCSD if approved. Answers fi Ouestions Abmut Disposal of Wash-ter a a queen...? GUIDING PRIORITIES contact your local permit specialist k[M. • Seek funds for OCSD projects through grants,appropriations,or other means; • Maintain local control over governance of special districts and other local entities; • Oppose redundant regulatory requirements; • Support legislative regulatory streamlining that promotes public health and the environment. 911390 @OCSewers STATE 10844 Ellis Avenue,Fountain Valley,CA 92708,www.ocsd.com Secure funding for infrastructure,collection Improvements and renewable energy at the Fountain Valley Plant No.1 and Huntington Beach Plant No.2. ORANGE COUNTY SANITATION DISTRICT Support legislation or regulations that restrict the use of AL mfcroplastics or wipes and the disposal into the sewer system. • Work with legislators to ensure that unrealistic regulations are not placed on wastewater treatment facilities. 2020 LEGISLATIVE PRIORITIES KEY MESSAGE CARD FEDERAL • Advocate for federal water infrastructure funding including State Revolving Fund and the Water Infrastructure Improvements for the Nation(WIIN)Act. • Work with the Administration and Congress to advance permitting processes including 10-year National Pollutant L e g i s l a t i v e Card Discharge Elimination System(NPDES)permits. • Promote restoration of federal deductibility of state and local tax payments and oppose elimination or restriction on the use or availability of tax-exempt financing for public infrastructure. 21 S P ECIAL E V ENTS SPECIAL EVENTS Centrifuge Ribbon Cutting dwo CENTRIFUGE FACILITY Ribbon Cutting Saturday,July 27,2019 Continental Breakfast and Networking Welcome and Introductions Supervisor,Michelle Steel Opening Remarks Board Chairman,David Shawver Centrifuge Ribbon Cutting Presentation General Manager,Jim Herberg Official Ribbon Cutting and Conclusion Vice Chairman,John Withers I;LEE Tour immediately following program � CENTRIFUGE Invitations FACILITY Ribbon Cutting Poster 23 SPECIAL EVENTS State of the District , - ■ Orange County Sanitation District ■® Orange County Sanitation District i State —� State theDistrict 1hf District Breakfast Breakfast Friday,October 25 Friday, October 25,2019 8 a.m. 10 a.m. 8 10 a.m. Join our Board of Directors and Join our Board of Directors and General Manager as we discuss our accomplishments and exciting advances. General Manager as We discuss our - accomplishments and exciting advances. Mile Square Golf Course Clubhouse Mile Square Golf Course Clubhouse Foun warner Avenue 10401 Warner Avenue Fountain Valley,CA 92708 Fountain Valley,CA 92708 An optional tour of our Fountain Valley ' An optional tour of our Fountain Valley Plant"1 will take place immediately r/ Plant No.1 will take place immediately following the event. . following the event. , For more information or questions email: forinformation@ocsd.com 65 Years of Impressions 65 Years of Impressions Save the date Invitation Orange County Sanitation District State dw District Program —~' ■■ -- Friday,October 25 F 8 a.m.- 10 a.m. R Breakfast and Networking #' r I Call Meeting to Order I Board Chairman,David Shawver Welcome and Pledge of Allegiance ossv sxx,r"rra Board Chairman,David Shawver State of the District Presentation �� - General Manager,Jim Herberg Adjourn Meeting Board Chairman,David Shawver Facility tour immediately following program. 65 Years of Impressions A bus will be available M take you to our OCSD Plant No.7 Headquarters located at 10844 Ellis Ave.,Fountain Valley,CA L a p e I P i n FOLLOW US @OCSEWERS #OC S DStateOtTheDistrict 65 Years of impressions Program 24 SPECIAL EVENTS Open House TOUR Welcome CHECK-IN EVENT PASSPORT PICK-UP Submit completed passport to enter opportunity drawing passport to enter wing ' AmazonPrizes include: • •J8L Portable Speaker Ir. Banners 1 Submit completed passport to enter opportunity drawing H US 2 Name: Phone: E-mail: 3 4 5 6 7 Drop off completed form at either Welcome Booth by 12 p.m. ❑YES,I would h..—.-.pJat...d Inionnatbn from MSD. Stay Connected! Share your experience Follow us @ocsewers using NOCSDturns65 12 11 10 9 8 �©QO 'Winner need not be present limit one entry per person.Employees are not eligible for drawing. 13 is 17 i$ Name 14 15 ig the Crane Our newest OCSD crane looks like a... 22 21 20 ❑Grover ❑Frasler Crane ❑Bumblebee Winning name will be announced on Fa-book,Ins%gram,and Twitter®ocsewers. Sar�itation District--,, Passport 25 SPECIAL EVENTIf Open House II �1 1 tr FIT BIT JBL SPEAKER AMAZON FIRE TV CUBE Poster Help your garden grow Poster Largest behind- BATTERY the-meter battery Pod so.,Powe,oa, storage system in STORAGE the United States SYSTEM 1--Po Me (WWDC)(148Toh)------ ----------- Now Many Battery wens. •1,020 per pod (�comren• 'voc w •16,320 per Powerpack 4 vncl •Over 2.4 million total j I Now Much Capacity? •5 megawatts,31 megawatt hours •Same number of battery cells as 547 Teals Model 3s(long range model) •Enough energy to supply 1,675 houses for a day(18.5 kwh/day per house) 19*oap Savings? •Anticipate saving of$450,000 per year •Saving occurs by reducing peak energy i--t demand charges I,..ILlnl • •Operates during peak power or when requested by the utility Poster 26 IN T E R N A L P R O J E C T S INTERNAL PROJECTS Employee Communications I I J019August 2,019 YOUR SOURCE FOR OCSD NEWS AND ION fill fa,- Su e L— *j (D mmer memos eano OIUXGECOUMIYSAXBAiION DIB1RICr la and advenruros,es M Adam MCMurdy,Senior I ' . . Mechanic;(b)Peul Ayala, E.g,r rang Asaociare(c)Pinky DaW Managemem Tech II; (d)Mook i Banehez,GonlracU Purchasing Assistem:(e)Joshua Martinez.Info Tech Analyst II; -sue (1) It.Flnkelatein,Associate - Engineer(g)Bobby Menlnez, _ RT..T.7.T.7 Storekeeper;and(h)Bob Bell, f e ms\ Maintenance Supervisor 1 1 g: ,'•`• `•5--- R .,.. 11E ) Social Distancing. YOUR SIRAVFPNONE KNOWS ALL YOUR SECRETS A New Realltg Put it on lockdown Employee B i - Monthly We keep hearing hat weneedro D=tA<In� with these tips 8 implement social diamncing to help •Updateyouroperatingsystem and N e w s I e t t e r stop or slow down the spread of app.:Many software updates contain COVID-19.What is social distancing? bug fizes and security improvements Put simply,it means avoiding crowds. that guard your smartphone against To comply please do the following: dara breaches,intrusions and vul—bilitio. •Stay at least 6 feet away from other people. •Lock your smartphone:Always engage a digit passcode ro access your device.Consider •Avoid handshaking,hugging or other intimate fingerprint scanning and Face ID as a fast types of greedngs-greet others with a wave, alternative. nod or bow instead. •Turn your Elluetooth and Wi-Fi oN when •Avoid non-essential travel. not in use:Bluetooth channels area common •Avoid crowds,especially in poorly ventilated form used by hackers to invade your pr'Ivacy. spaces. •Do not go out N you are sick or think you are sick.lmmediatelycallyour doctor. I I • I Thank you to the Laboratory team for Use Microsoft Teams o pari gthe first batch f bleach-based to Communicate disi ficdon spray(ISO bAotdo to be exact).This d . As a reminder,Teams can be used II help us keep common t e eAe<tively amongst a areas clean due to the Ch..,clsotr groepa. In rd.r to pandemic. Chars,conference calls,and sharing In order co minimize your desktop are all great ways to disruption to regular mmumcate from a distance. laboratory operations, ca ddimion managers are to N you have any questions,please contact the subunit orders/requests to n°slw,.r..m:•,amme•r Service Desk at x4757 or click IT Services on the lab on behalf of their MyOCSD,scroll down to Microsoft Teams. and arrange pick up. a.,,a.,,,b...be.am. Pleon bes —1.rup--epprovol(or all eve and p— ns—,work boon Monthly Bulletin 28 INTERNAL PROJECTS Employee Event - VIP Luncheon sq r. CHRIS CERVELLONE In recognition of your commitment to community outreach and education by participating in the Volunteer Incentive Program July 2018-June 2019 EM 'I James D.Herberg,General Manager Certificate t Staff Appreciation Giveaway 29 INTERNAL PROJECTS Employee Event Harvest . HALLOWEEN Table Tent • �• '�� � sp00K1E!* .� , �� p1.ACE ON EARTH Join us for a • SPOOKTACULAR Halloween Event! � + • Come dressed as your Favorite Disney Character/Disney Villain! Thursday,October 31 - � Plant No. I,HR Parking Lot . �� »Department&Individual Costume Contests »Door Decorating Contest-Winner Announced »Relay Race,Food and Fun! • Visit MyOCSD for more information. • i Backdrop SPOOKTACULAR Halloween Event! 'TIT TY Thursday,October 3 I � I:30 a.m. - I p.m. � Plant No. I, HR Parking Lot - . Banner 30 INTERNAL PROJECTS Employee Event Holiday Luncheon 6,d q, MyOCSD Banner �■r Y i • Backdrop ears of 2019 Staff Appreciation Giveaway 31 INTERNAL PROJECTS Safety Contest �p � o WHAT = For entry form and official rules, visit Myocsd.com. 4111LOT011" "M"l S ., FETY ENTER THE 2019 ARTWORK "WHAT lATETY MEANT" ME!" DEADLINE: MEANS CALENDAR ART CONTITT FRIDAY,b Showcase different ways to be safe AUGUST 30 at home,work and school. Twelve students will receive a certificate of appreciation 1 O and have their artwork featured in the 2020"What Safety Means To Me"e"calendar. Four Grand Prizes:Winners will receive a 1, $,00 Visa-Gift Cartl and will be honored at an awards presentation during the October Board Meeting. 2020 Calendar Flyer Calendar r. I - l A1way'3�wear � c.teo.ry a+o -Sob G d Pnr. K,- rr x 79 Winning Poster 32 INTERNAL PROJECTS Cards 5 General Manager' s Holiday Card 33 INTERNAL PROJECTS Risk AWARENESSSAFETY SAFEI EFOR VE YONE Safety NrEa DIVISION Bulletin Gram RISK MANAGEMENT MyOCSD Sharepoint Page 34 INTERNAL PROJECTS Employee Event Ftd of m s� Wednesday, September IS 3:15 p.m.- 4:45 p.m. Plant No. 2 Operations Center Poster o�pHGE roUNTY SANITAT10i 2019 �r I RATING FAR t CORONA DEL MAR HUNTINGTON BEAC SEALBEACH h .oApTF�t,NGQuBL MEND et19 �C HEALTH AND THE ENVIRD Sticker 35 INTERNAL PROJECTS Board Member Outreach : z GOINGINTO THE HOLIDAY... On bahalt of the Board of Directors.I personallywant to extend my sincere thanks and appreciation to you for all of our accomplishments this year.We continued to carry out our mission by serving the /an/�(�//l!!/!ff!!L�//�//[GU+��//C�ILF se ople of Orange County.This was through aLeam effort and hard work by everyone.I than k all of you for your support and dedication to the Orange County Sanitation District.May you enjoy the holiday with your family,and l am looking forward to anothergreat and successfulyear. ss t� Best Wishes, UL.%/qry.4,41-4, v-- David Shawver,Board chairman �Agos MyOCSD Post Email Message ORANGE COUNTY SANITATION DISTRICT May 2020 OCSD Board Leadership - OCSD Board re-elected the City of Stanton Mayor David Shawver as Chairman ofthe OCSD Board of Directors and bib John Withers,of the Irvine Ranch Water District Board of Directors will continue to serve as Vice-Chairman. OCSD Participates in Wastewater Based Epidemiology for COVID-19 Recognizing the potential role of wastewater as a tool for COVID-19 surveillance,OCSD has agreed to provide 1samples to three projects which are managed by the California State Water Resource Control Board,Universityof i Arizona's Water and Energy Sustainable Technology Center,Stanford University and Universityof Michigan.OCSD's efforts were recently published in the Orange County Register and the California Association of Sanitation Agencies newsletter.Both publications can be found on OCSD's website at www.ocsd.com. Orange County Business Council Highlights OCSD Efforts OCSD has partnered with the Orange County Business Council(OCBC)to promote OCSD as an essential service, continuing to invest in infrastructure improvements and progress with over$500 million in construction projects scheduled to break ground over the next 14 months.OCBC has agreed to highlight OCSD's positive impact on the County's economy and business climate as they move forward with their programs. OCSD is featured in the Orange County Register's California Water Insert For the first time ever,OCSD joined other local agencies throughout the county in a California Water supplemental educational insert featured in the Sunday,May 17 Orange County Register.The piece highlights OCSD's role of protecting public health and the environment for Orange County.The issue can be found on OCSD's website at ORANGE COUNTYI acsd—rn MD Sewer Construction Projects Board I Directors' 2020 Seal Beach Specific In Seal Beach the Westminster Blvd.Sewer Proiec[isjust getting started by first establishing the work zone GUIDE TO by surrounding the center median area with R-rail for nearly a two mile stretch on Westminster Blvd.This project will construct two new force mains and will be in construction until fall 2022.If you have questions you can contact OCSD's community liaison at 714-378-2965 or at Constructionflotlincits—d.com. Anaheim Specific In Anaheim,work continues on the State College Sewer Project.Installation of the last mile of pipeline between Vermont Ave.and Underhill Ave.is underway with crews workingfrom 5 a.m.to 3 a.m.making use ffic due to the Stay-At-Home o of daylight and light trarders.A city water line is also being constructed between Lincoln Ave.and La Palma Ave.Construction is slated to be completed in early 2021.If you have any questions you can contact OCSD's community liaison at 657-208-7900 or at .�• Construction Hotlinefaocsd.com. Huntington Beach Specific In Huntington Beach,preparation tar construction of the Groundwater Replenishment tw"tarno tar Final Ezpansion continues.The ground is being strengthened for construction of two large tanks by using deep soil mixing.Over the next several months,tall mixing rigs will be seen over the tree line on Brookhurst St.as they construct cement-mixed •Y' columns below the surface to reinforce the ground.If you have any questions contact _ OCSD's community liaison at 714-378-2965 or at Construction Hotline(docsd.com. 1p tr A—/wrlrn IWNa U IR18III•11180"411 Board Member Board Member Book Talking Points 36 INTERNAL PROJECTS Human Resources ,,,7Benef�ts Foor the Way You Live ji, BENEFITS OPEN ENROLLMENT IS HERE! OCTOBER 1-15,2019 0 fcTiY'i Postcard 2020 OPEN ENROLLMENT Benefits Fo Way SAW r the • - OCTOBER 1 - 1 S, 2019 Banner 37 WINNERS • �� - �� rriivircR� ` A s Z�19sWELLN i INTERNAL PROJECTS Human Resource Ergonomics for Telecommuters The purpose of these guidelines is to assist employees working from home with setting up an effective work space to improve safety,comfort and productivity. 1 Designated Work Area - Before beginning work,assess your work area to ensure it is free from trip hazards such as boxes,loose cords,open drawers,kid's toys,etc. Create friendly Although it maybe tempting to workfrom your bed, working enrironaund. a couch or bent over a coffee table,it is important to choose a standard table to improve comfort and overall body positioning.A couch or a bed does not provide stability and may cause discomfort to the body. Work at a desk or table with adequate knee and foot clearance so[hat you can sit/stand close to your laptop or monitor. • Setup your work area with everything you need. Make sure your work area has adequate lighting. • While on the phone,use a headset or handsfree device. Chair Selection • If possible,use an adjustable chair to maintain a Elbows are in line 90-degree bend in your knees,waist,and elbows. with your desk If needed,use a rolled-up hand towel for extra lower back support. Ifyour chair is too low,shon a cushion to raiseyour seat height or extend your feet to allow for proper -.1r,Ih,,Ib.,,m -blood circulation. oo,ea, �_____- -•—`•r % s a Ifyour chair is too high,use a box as a footrest for support. Posture s Maintain an upright posture,avoid slouching. • If sitting,try to ensure that the small of your back is supported,your shoulders are relaxed(not slumped, not^"' ■ row' pre elevated),and chat[here is no unwelcome r 1y� pressure on the at your your knees. wor F H O * O S H r I T r R • If standing(e.g.atyour kitchen worktop),keep your I Y` C I C Feet should be flat on legs,torso,neck and head approximately in line and the floor,or using the footrest. vertical-don't slouch,lean or twist to the side. • Be cautious of resting body parts on edges which can create a contact stress. ONLINE Handout PHOTO ARCNIVING L18RRR9 USER GUIDE Brochure 39 INTERNAL PROJECTS Human Resourcec- ------ OEN ■ GIS MATCHING TOOLOOL Looking for a rideshare partner? Try the new GIS Matching tool. OCSD employees can identify and connect with other employees based on their ridesharing needs within their area. Employees can indicate their rideshare preferences and their The Rideshare Team is general living vicinity without using their exact address! Simple and easy! pleased to announce the new Go to MyOCSDand click on Rideshare under Employee Center cash incentive pilot program is = To find fellow rideshare users,click on the GIS Matching tool button. NOW AVAILABLE! u To sign up for Rideshare Program,click on Employee Rideshare Rideshareshare Interest button. . For more information,contact laurie-ingerate#.116gor You can EARN CASH for your commute: Adam Montoya at e#.7026 Mode of transportation Incentive a Vanpool* Up to$55 monthly subsidy- Walk/Bicycle $30 monthly subsidy*** -- Bus $20 monthly subsidy*** Carpool/Train/Electric Vehicles** $10 monthly Subsidy*** Fl y e r More information is available on MyOCSD. To learn more about the Rideshare Program,visit MyOCSD's Employee Center Tab then choose Rideshare to see all the current incentives. *Amounfearecakulated monthly and vary based on vehicle size and number of participants.The maximum ca M1ln poo vanling 15555P11permo—Wh h.Vapool I eanincemiseaacenvtvxame. -T.quality far subsidy, hlcle mart be designated s Zero Emissions Vehicle (ZEV).A plug-in hybrid eI-ri, venlcle(PHEV)may only 0 sem be ldd Itthe enure home- 1 work trip is made excI,— ly wRh eleRdc power. "`Requires minimum monthly ; rideshare days depending on schedule:5/a=10c 9/80=9, 4/10=8r,3/12=]x Incentive Flyer 40 INTERNAL PROJECTS COVID - 19 Communications e clwo lg-c>avwrua � • .•20•g 6rXgr..r Dray I—^ .frn dw rti arrn..n an ■6r01— 4Xr a Mlwc••+►anr rw r'wX r Aga4e_ ,CAW S.r.s"•+i+O CL Ow•S' •Tegh•• y COVID=19 • • • • '� �QDfs-1!•20i .X�.��+a..er�r.rtrr.r�er �I�y�01101111p for T.J.commulM lrti.�q.r�r uy�ipq ewnrwrrww Ir�rs�rrr tires '..(OS-26-20! n.Xrn.wr.�.r.rr.ccw•. —� OCSO s response to COVID 14 Ois1elleel coo rr ....�..— r.r....w ew�tiw►I`�rt..rM... w...rAen.0 w fMwYrw�w.l rrruo.err n ...�. -- U;.:l at.:;yu'::i: t'r Sa•a ly err.tr,..;I:Fr 1:r:r tr��y fiequrremenls Aa.♦o�r�r�•y, -A,�,�„ '+Yti M lMw..I.Mwr• � oYrXPerrrrM te�1�N nr.+r. (0$08 201 ..rr�e..w cwr.r w�&�•� -- i�t__.....��n.nn•e coAnr.rY.r •.Xoa+ MyOCSD Covid - 19 Page All Visitors and Contractors of the Orange County Sanitation District(OCSD) As guests of OCSD,we want to encore y0C5Dietyand o,toingdump mis r-i,pn rig XmeIn Iu 19,d,o,.00SDiscbsely monitoringthe tlevelopmenh on COVI619 and monitoring me evolving guidefnes from leading public health authorities,to reduce the risk of hansmission. To help ensge Me heath and weff-being of.X,we have Imple—ed Me btowing gobcoR •All guesh antl C)g,i tors are,t tomb,the Centers for Disease Control and - Prevention(CDCI guidance on steps to prevent illness Isocbl distancing, washing harrtls fora minimum of 20 seconds,wearing a face cover,efc.l. •If you tlon'1 feel well,show signs of the virus,or believe to have been exposetl to the virus,we ask that you please not enter any of ourfacllities. Adds....OCSD acXons IncNde: •All OCSDtoursofonyof A,faciritiesare canceled. •OCSD will not host any outside organ¢ations at ony of Our iocaXOns including large meetings,social gatherings,or events. OCSD's safely meosges in response fo COVID-19 11 remain In eflect unXl Xrdher nonce. Adddonal questions regarding COVID-19 should be addressed fo the large County Heath Care Agentles:1.800.SW.86CX �e Face Mask S i g n a g e 41 INTERNAL PROJECTS Employee Intranet Site it4 Search_ x Oes,cpt Trend- ►Em des), The Punctuation. 0 Behetxe Best of Behence'•`Brvn Font Pxb Adobe_. j Caliber Si"Bt lrngetg-L 4 I� • r Sddy • !1 � pn,d la- ,�„. t►..+w..... t-.awry...C...r. .1,q►re. �o.w�. �P MEN COVID-19 C 0 R 0 N A V I R U S MEN a.ul Co(arwrus l0bMSfeVA)) 000s 1 W rn..w Mwa w. rr a_ ._ —_ .•. Ttp rewea pn.w v.cw rLiw.rlr+�+l.[ww.re tr...wr•ru��_. ar..r..n.0 MyOCSD Home Page 42 INTERNAL PROJECTS Other ORANGE COUNTY SANITATION DISTRICT O NZY 6AMITgr � � N o � o TNQ iNE EN" hed Pilot lcen,%, Safety Vest Patch 43 INTERNAL PROJECTS Other OCSD Salutes Our Veterans Pas t an ' - Irk tA � + Adf )nwllr M.snrl-U s.Mv+f.Ceratrvaon rrd•.•+c IP{F Iq7 ill..1 ar..l.-V.f 4+7<o•Perol Iq}.IMe BeY BN V 3!Lo•Y Llo.vow wyr,AM'OMM NO C1oK ivTf lv{7 /eM BWa� YS wo.r.blr Top.lnl Ovo,1P71-10{I )wen BIN•.wrwn-U 3.rr•+o CerP.C«PrvL l.i.nvy fa•W loser 1gl.lgt 7oloe f•eemUn_.4•'•f)bne•d GwM.f✓eear t-f.1 Pq.SD07 BIU plBs.rl J 5 4wy SPsosYe IM Claw 1 VW 1 OW IN Or11as1ss-Y S'/••F.CA r M•artvn ON[r 7 I q0-I Psf vn6 4p•r tn{inw,109w 7010 Ds•K Ns.0 CA Ar•ti WI•onol fie.CaPwn IPPO Gann OM1see/fP•rlynne U 3 W+r.tit Cow I••�nos...,IVBa IOP7 Slsrs 11e�ore-US n'r•r Crp.SrpnJ,t eW f 0� 11PO.r Uonwsse-u 3.r:vn.�.a••en Tsdrrs•IM C)ar 197P I P))w..ti..nor Lueoy Ls>raP Y3.W.'n hYr O�7+d CMtK lq7)007 ioTr Loot U f N•T•.Ss.Oeor.1v77.1P7e ftrn L..stls-V 1 M..n.Cva UwtiM Cob•d Iga.7013 Aden el.af..a{- U 3.4^r tnnL SK..lal,}OOOID01 fYahasl BBorry-u3 4�•ew•+«,10{I-1 On OrJ MB'•Is^-u f ti I.r.s,bwo•n,IHS•IPOJ B•isn Md -U S rl..i.MwYar 31•vt•.sl ene M.drai.ls.fosns7r,t9N.t P90 Ls.ry Bsenrosa-U S h)wcs.frpwM.1 q 1.1 Oq la...,7 Ber-U S wary,YNpMtr MtrA.the Clm.PsA ON..tOB0.11B7 Mwln LAulss-u 3 Mevr Crp..Ss•Ooo•P IN)-t/07 OC30 Noss Dan DIlan i!` Mo•..s Ce•P,S 1v 77 I0 1111 1 AIrLJ etldesBP-U S/vn•.Sywdr 3,I f0&I P71 e1pY Hula-U 1 Nw Se•Psr,I Pt7-t PB6 Da•7 P..n.. I::4.s,So{srr l�3,Om I1077 •pP•TYe4 US W.r.Nry PP.r lr Clr,iP7P-IP{7 BW011slls/ US+Yr.r Cap lPpIPBp Shp--- - Veterans Day Poster 44 INTERNAL PROJECTS Other r-Iroy D-RIV Bring a new unwrapped toy or sports equipment worth at least$10 or more to help Orange County children and teens in need this holiday season. Cash donations are also welcomed. Contact:Fawn Elizondo,ext.7125 o to make cash donations or questions. Ali proceeds will be donated to the Spark of Love Toy Drive. Toy Drive Poster OY DRIVE t , MyOCSD Banner Ad 45 BR A N D ING BRAN DI NG OCSD University 0 D T T i Logo Concepts 47 BRANDING Green Vehicle Branding b CNG VEHICLE V0691 Wm . '� r^ Vehicle Signage 48 BRAN DI NG SAN Logos MM 6ir5AF& , SANITgT�oy Gp�NjV SAN/Tg;,,O� • • rc c O 0 o � 1 •• 90TFCTN�E ENv\PO��2 O�CTiNG Nv\Rp��� �• THE E ON 0'5iRIC7 / J= (X �O z 2F h� 2� pROiE =O�Gp�NSY SANITgT/,o,Lo� s �Q O n (XSM 1 ORANGE COUNTY SANITATION DISTRICT o�pTFCT/NG Nv\Rp���= THE E Logo Concepts 49 BRANDING Website (', O h"ps ot:ydcom - SNed� P e C•wge Cwnry sw".t o s 1011; 0.•,.7,T.r.w. r Fn&. M.puntt-*M s WttiM#1 "0 o1 foM pots A&*@_ 0• Pa9.• 5,f q• rauh•0 f ORANGE COUNTY Hmm ll/-Agnid" Jot" kepon•Aablem Srwn Fees Comuo Us IUD ' Sanitation District • OoOo � i OF Mess^p Fiam the GM Mb Q Website Home Page _. C 4 •�Ma.�•.�.«.w�ww•wwt,+IWV 4 q ONANGC COUNir ti+.l M'�w "" +.""•'^"'" t,�r... r..,.. Sanitation District • 0000 �• b Ma trews tip•. ufYllU]O cMywv.wo..r♦...w DV..�w Mom..J�NMr�N�tA.� CALIFORNIA- WATER Website — In The News Page 50 REP O R T S NONE R E P 0 R T S MEN No AL . .' . 12018-19 ;A-mm' 'Mim CELEBRATING -� An nua I Report 52 CELEBRATING YEARS ORANGE COUNTY SANITATION DISTRICT RE PO R T S ORANGE iSANITATION BIOSOLIDS MANAGEMENT Year 2019 COMPLIANCE REPORT b `r � VSA - Project Team for D-tering and Thickening Centrifuges Project Pl-101 at Plant No.1. Biosolids Report Cover Design 53 �� -- ADOPTED FISCAL YEARS 2020-2021 and 2021-2022 � Orange Counfy Sanitation District,California �....� Budget Book v 4 �1 _ I1� FISCAL --. ►1 � 18/19 �- L. CAPITAL I M P R O V E M E N T P R O G R A M PREPARE PLAN PROVIDE CELEBRAiiNG SEA RS • Annual • Orange County Sanitation District Comprehensive Annual �: Financial Report for the year ended June 30, 2019 I A �1111111 IIf1IM f• , I x w _ Orange County,California r - Financial Report CoverDesign � t Orange County Sanitation District First Quarter . x •_ cial Re or fop the pepiod ended SeptembepOrange County,California ORANGE COUNTY SANRATION DISTRICT Mid-Year � Financial Re ort p Financial Orange County,California for the period ended December 31,2019 Report CoverDesign 1► t ORANGE COUNTY SANITATION DISTRICT Third carter _ �y _ Financial Re ort p for the period ended March 31, 2020 Orange County,California Report • Design ORah:GEC ��ATf�D15TR1CT ra e � c an 1 si / _ CFIE5RA7V:G November 201� StrategicPlan Cover - • 60 REPORTS Executive Management Team Thursday, August 1 , 2019 7:30a.m. - 3p.m. SCCWRP 3535 Harbor Boulevard MEMO Suite 110 , ■ Costa Mesa,CAA 92626 oil �i Management Retreat Cover Design 61 y r 2018-19 Annual Report RESOURCE PROTECTION DIVISION Orange County PRETREATMENT PROGRAM sa�ltason olstrlct Resource Protection • • • • �'• ■ i r 714 - !►� Calen��r Year 2020 Investment Adopted December 18, 2019 Orange County Sanitation District - Policy Cover • MEN MEN No 1 Public Affairs ivision 10844 Ellis Avenue I Fountain Valley, CA 92708 =� Public Affairs Strategic Plan --�-- FY2020 =2022 OW Daisy Covarrubias, Pr. Public Affairs Specialist =gig" Legislative & Public Affairs Committee rr July 13, 2020 ENEM M_ -, o�N�y S A N I rq T�O� 10 newe. 9 -o ti 09,00" M-'- M�D� r/�� THE ENv\� 1� u � c airs MediaChests Internal � Commu�icatlal` Communtcatlon Relations Communit�r OigitaUNew Relapo�s Media Reputation Management PAO Staff m6k Jennifer Cabral , Administration Manager • Daisy Covarrubias, Principal Public Affairs Specialist • Rebecca Long , Senior Public Affairs Specialist • Kelly Newell , Public Affairs Specialist • Belen Carrillo, Public Affairs Specialist • Gregg Deterding , Graphic Designer • Cheryl Scott, Administrative Assistant Extension of Our Team • Tanya Chong , Principal Staff Analyst (Engineering) • VIPs 3 rl � July 2018 — June 2020 EMPLOYEES EXPERTS MEDIA BRANDING EDUCATION Avz • - 765 communication 54 speaking 13 news releases 85 website posts 17 events pieces engagements 30 articles fact sheets 283 tours 11 events 22 agency awards 1350 social media Comm Audit 4500 guests posts Paid Advertisement 651" Anniv. Open House Campaign Tour Signage (OCR Water insert) OC Polling 4 WN. r TWOMYear Review 1 CONSTRUCTION LEGISLATIVE GRANTS GOVT AFFAIRS CRISIS M II� ®�- 0®0 FOR LA Now 75 notifications 40 legislative bills 2 grants State of the Response Plan 13 neighborhood 4 federal letters applied/received District Virtual Town Hall meetings 12 state letters Annual Report 3 surveys 2 bill agreements Centrifuge Ribbon Regional Outreach Cutting Program Member Agency Outreach Toolkit Board Member Speaking Points 5 MA Current Situation • Operations • Workforce Community • Essential Services • Financial • Sewer Fee Rates • Board Member turnover • Capital Improvement Program • Headquarters Building • Groundwater Replenishment System Final Expansion 6 k PAO Strateg 'ic Plan EEL- - Fiscal Years 2020 - 2022 EMPLOYEES EXPERTS MEDIA BRANDING EDUCATION C ID • Employee Lunch-n- • Speaking • Media Training • New Logo • Virtual Tour Learn Sessions engagements • Press Releases • Headquarter • Wastewater 101 • Digital Message • Awards Branding Plan Academy System • Community • Mobile Education Newsletter Unit 7 Cont .Plan A- 1 CONSTRUCTION LEGISLATIVE GRANTS GOVT AFFAIRS CRISIS GM SUPPORT iiiiiiiii � I � 0®0 1 I • CIP Campaign • Legislative Plan • Develop Policy • State of the • Response Plan • GM Monthly Report • Paid Advertisement • Track & monitor . Apply District - Virtual • Develop Protocols • GM Work Plan • Letters of • New Council • Strategic Plan support/oppose Member(s) Tour 8 a A Fhe - , • LaPA review and adoption • Implement Plan 9 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 #: 2020-1175 Agenda Date: 7/22/2020 Agenda Item No: 18. FROM: James D. Herberg, General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF MARCH THROUGH JUNE 2020 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the Legislative Affairs Update for the months of March through June 2020. 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 of the Sanitation District's mission, programs, and projects and how they could be impacted by proposed legislation. PROPOSED SOLUTION Continue to work with Local, State, and Federal officials to advocate the Sanitation District's 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. Orange County Sanitation District Page 1 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1175 Agenda Date: 7/22/2020 Agenda Item No: 18. 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, a lack of engagement may result in missing out on funding opportunities. ADDITIONAL INFORMATION Staff has been working with Senators Feinstein and Harris, and our House congressional delegation, to address issues of concern. The Sanitation District was notified that the proposed House Fourth Phase of assistance (Heroes Act), provides a total of $3 trillion, including paid leave tax credits and low-income ratepayer assistance. Final passage and enactment of this bill is anticipated by early August with Senate Majority Leader McConnell's pledge to take up the bill. The House passed an infrastructure bill, Invest in America Act (H.R. 2), setting the stage for Senate action later this year. H.R. 2 provides $40 billion for clean water infrastructure assistance as well as grants to support smart water technologies adoption. In support of potential funding opportunities through the COVID-19 stimulus bills, two Cares Act comment letters have been sent into the Orange County Congressional Delegation. An additional comment letter was sent to both Senator Feinstein and Senator Harris for consideration when crafting the Heroes Act. These letters asked that when developing these bills for COVID-19 stimulus legislation, Special Districts like the Sanitation District be considered. On Tuesday, June 30 the Sanitation District submitted a letter of support to Speaker Pelosi and Leader McCarthy for the Moving Forward Act (H.R. 2). This bill would provide important funding to the core federal water infrastructure programs, which could help with potential Sanitation District projects. Additionally, if passed, H.R. 2 would help to close the funding gap to meet the country's demand for reliable water/wastewater infrastructure while stimulating employment that has been devastated by COVID-19. Additionally, during the past few months, staff and TPA have been working on bill positions for two state bills and monitoring many others: • On June 5, the Sanitation District sent a letter of support for Assembly Bill 2762 (Muratsuchi) - Cosmetics: Safety. AB 2762 will expand the definition of adulterated cosmetics to include those that have per- and polyfluoroalkyl substances (PFAS) as ingredients. Toxic substances, such as those found in cosmetic products, that enter the wastewater stream through domestic or residential sources are among the most difficult for the Sanitation District to regulate and control. AB 2762 would help reduce the amount of toxic substances, including PFAS, in the wastewater influent that the Sanitation District receives. • On June 8, the Sanitation District sent a letter of support for Assembly Bill 3163 (Salas) - Energy: Biomethane: Procurement. AB 3163 will redefine biomethane to include methane Orange County Sanitation District Page 2 of 3 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1175 Agenda Date: 7/22/2020 Agenda Item No: 18. produced from organic waste feedstock including sludge and food waste digestion. This change would allow this product to be eligible for gas utility procurement, expanding its value to the Sanitation District. 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 • H.R. 2 Support Letter • H.R. 2 Summary • Cares Act Letter • Cares Act Letter Two • Heroes Act Letter • Federal Legislative Matrix - ENS Resources • State Update - Townsend Public Affairs • Assembly Bill 2762 (Muratsuchi): Cosmetics • Assembly Bill 3163 (Salas) - Energy: Biomethane: Procurement • State Legislative Matrix - Townsend Public Affairs • Grant Matrix • 7/13/2020 LaPA Committee PowerPoint Presentations Orange County Sanitation District Page 3 of 3 Printed on 7/15/2020 powered by LegistarTM :M Ll �V RESOURCES TO: Rebecca Long FROM: Eric Sapirstein DATE: June 22, 2020 SUBJECT: Washington Update Over the past month, Congress slowly began addressing both continued COVID-19 federal assistance, as well as more routine matters like fiscal year 2021 spending bills. Washington, D.C. is slowly reopening,which is allowing for a semblance of normal operations to begin. To this end,the House and Senate are scheduled to be in session for most of July and recessing for the traditional August break. While Congress will be in session, a number of Members are likely to remain in their congressional districts,working remotely since they can vote by proxy. The following summarizes the outlook for legislative efforts in the coming weeks of interest to OCSD. OCSD's RecentActions Taken OCSD Staff and ENS have been working with Senator Feinstein and Harris, and our House congressional delegation to address issues of concern related to COVID-19 funding opportunities.As such, three comment letters were submitted to the OC Delegation and Senators in support of the stimulus bill and inclusion of Special Districts. This includes two comment letters on the CARES Act and one on the HEROES Act. HEROES Act(H.R. 6800) Phase IV Coronavirus Package Efforts to address the continuing economic impacts of the virus continue. Following House passage of H.R. 6800, the Senate is expected to debate its version of a relief package in mid-July. The key issue of dispute is the cost of the assistance package. H.R. 6800 is a $3 trillion bill. Senate Republicans would like to limit the cost to $1 trillion. The White House appears to have a $2 trillion package in mind. Without regard to the actual funding level, it now appears that wastewater utility ratepayer assistance, payroll tax credits for mandatory leave, and access for assistance through the Federal Reserve's Municipal Facility (purchase local debt) for Special Districts will be part of any final agreement. On this last point, OCSD's letters to Senators Feinstein and Harris on this matter seemed to support the priority for such assistance, as the Senators wrote to the Federal Reserve Chairman and the Treasury Secretary urging such access. A copy of 11Page the letter was provided to OCSD staff. Once enacted, the program will provide OCSD with a potential source of assistance if it wishes to reduce its debt burden. Liability Waivers for COVID-19 One issue that continues to gain traction is providing some level of liability protection to employers that seek the return of employees. Private sector stakeholders, notably the Chamber of Commerce and National Association of Manufacturers are seeking to secure a comprehensive liability waiver. Opposition from union stakeholders and the NGO community exists. Nonetheless, as noted above, this effort is focused on making the matter a part of any final COVID-19 package. After participating in a water sector stakeholder conference call on the policy issue, it seems highly unlikely that the public sector will work actively on the issue. Instead, national water sector groups can be expected to provide input to Congress on issues of concern without taking a position. For California, the Governor's recently issued Executive Order, making contracting COVID-19-related illnesses a workplace matter could limit the impact of any federal waiver. Infrastructure Legislation Moving in House After three years of posturing, Congress and the White House may be on the verge of addressing infrastructure. As reported earlier,the priority to restart the economy is becoming a priority. To this end, the House is expected to debate and pass,the Moving Forward Act (H.R. 2) by July 2. A selected summary of the measure is attached. For OCSD,the key point is the significant commitment of resources for clean water needs, including$40 billion for the SRF program and $600 million to support water recycling projects. The massive, almost 3,000-pages,bill contains billions of dollars for water, wastewater, and ecosystem infrastructure programs. It also provides for assistance to disadvantaged communities. The prospect that the measure will pass as introduced is slim. It is a starting point for negotiations later this summer between Congress and the White House. The president has stated that he would like to sign an infrastructure bill into law. In the past he has urged passage of at least a $1 trillion package and H.R. 2 while carrying a higher price does address the key areas of interest to the White House. 2 1 P a g e Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park June 30, 2020 Cypress Fountain Valley The Honorable Nancy Pelosi The Honorable Kevin McCarthy Speaker of the House Republican Leader Fullerton U.S. House of Representatives U.S. House of Representatives Garden Grove Washington, D.C. 20515 Washington, D.C. 20515 Huntington Beach Irvine Dear Speaker Pelosi and Leader McCarthy: La Habra The Orange County Sanitation District (OCSD), located in Fountain Valley, California writes to La Palma express our strong support for the Moving Forward Act(H.R. 2). As the House of Representatives Los Alamitos prepares to debate and vote on this vital legislation, we believe that it represents a responsible and much needed federal commitment to our nation's clean water infrastructure needs. Newport Beach Orange As introduced, H.R. 2 would provide important funding to the core federal water infrastructure programs. It would help to close the funding gap to meet the country's demand for reliable Placentia water/wastewater infrastructure while stimulating employment that has been devastated by Santa Ana COVID-19. As an agency serving more than two million Orange County citizens and businesses it is imperative that we are able to provide this essential service to our community. Seal Beach Stanton The commitment of more than $60 billion to support the U.S. Environmental Protection Agency (USEPA) State Revolving Loan Funds and $1 billion in assistance to construct water recycling Tustin facilities, would promote innovative water quality treatment while addressing resiliency impacts Villa Park and help to close the water/wastewater infrastructure funding gap. Revenue provisions such as County of Orange the restoration of advanced refunding of municipal debt and Build America Bonds would also help local agencies, like OCSD, close the funding gap to meet the need to address water infrastructure Costa Mesa rehabilitation and expansion Sanitary District Midway City The value of the federal government's role in supporting water infrastructure cannot be Sanitary District overstated. Because of the United States Bureau of Reclamation Title XVI water recycling program Irvine Ranch and the USEPA's Water Infrastructure Finance and Innovation Act, OCSD and the Orange County Water District Water District were able to construct the world's largest advanced water recycling facility known Yorba Linda as the Groundwater Replenishment System (GWRS). Water District As a partner in GWRS,we are proud it has been internationally recognized and today is delivering °NSH SANITgTTO enough sustainable water to our community of two million that essentially drought proofs the region by reusing OCSD's highly treated water. Without federal assistance, we would have been hard-pressed to construct GWRS. 9oT�cr/�N THE ENV\e`°���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENv\Qo���2 P Two o Again,OCSD appreciates the leadership you are providing to restore the nation's economic health and well-being. Swift passage and enactment of H.R. 2's water infrastructure provisions would serve as a catalyst to restart the economy and ensure the delivery of safe and reliable water supplies for the future. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at jcabral@ocsd.com should you have any questions. Thank you for your continued support of the Orange County Sanitation District. Sincerely, David John Shawver Board Chairman CC: Orange County Delegation Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Selected Summary The Moving Forward Act (H.R. 2) I. PFAS INFRASTRUCTURE GRANT PROGRAM • GRANT PROGRAM (Sec. 33101) Would establish a new grants program for affected community water systems to pay for capital costs associated with the implementation of eligible treatment technologies. o Within 12 months of enactment, the Administrator must publish guidance describing scope and timing for the grants program. o No later than 150 days after the date of enactment, and every two years thereafter, the Administrator shall publish a list of treatment technologies that are effective at removing all detectable amounts of HAS from drinking water. o Funding priority will be given to community water systems that serve a disadvantaged community; will provide at least a 10 percent cost share for the cost of implementing an eligible treatment technology; or demonstrate the capacity to maintain the eligible treatment technology to be implemented. o Authorizes not more than $500,000,000 for each of the fiscal years 2021 through 2025 for this grants program. II. WATER RESOURCES INFRASTRUCTURE • Watershed Restoration (Sec. 81233)Would establish a competitive grant program to award grants to eligible entities (Irrigation district, water district, or other organization with water or power delivery authority) for restoration projects that improve watershed health in a Reclamation State. o Authorizes $150,000,000 for each fiscal year through fiscal year 2026 • Volume cap on private activity bonds (Sec. 90104) Would increase the state ceiling on tax-exempt private activity bonds to an amount equal to $135 (currently$62.50) multiplied by the State population, or to $402,220,000 (currently$225,000,000). o Would modify the tax code to remove state volume caps on the issuances of government private activity bonds used by water and wastewater systems for infrastructure investment. 1 Page • Wastewater Infrastructure Workforce Investment (Sec. 22102) No later than 2 years after enactment, USEPA Administrator submit report to congressional committees outlining: o Assessment of current and future POTW workforce needs,with an estimate of number of future positions needed for POTWs and technical skills and education needed for identified positions o Summary of USEPA actions (including federal investment) to promote workforce development o Agency recommendations to address needs • Watershed,Wet Weather, and Resiliency Projects (Sec. 22104) Amends CWA to include "Increased Resilience of Treatment Works-Efforts"to: o Assess future risks and vulnerabilities of POTWs to manmade or natural disasters (including wet weather and sea level rise) o Carry out planning, designing, or constructing of projects on systemwide or areawide basis to increase resilience of POTWs through: ■ Conservation of water or enhancement of water use efficiency ■ Enhancement of wastewater + stormwater management by increasing watershed preservation and protection (e.g. green infrastructure, reclamation and reuse of wastewater and stormwater, such as through aquifer recharge zones, modification or relocation of existing POTWs, enhancement of energy efficiency or generation of recovered or renewable energy in management of wastewater and stormwater) o Authorizes $1 billion until expended. Requires not less than 15% appropriated goes to assist municipalities with population less than 10,000 • Pilot Program for Alternative Water Source Projects (Sec. 22105) Amends CWA section 220(d) so that project receiving construction funds under Reclamation Projects Authorization and Adjustment Act of 1992 is ineligible for grant assistance under this section o Authorizes $600 million o Not less than 15% of funds will go to eligible entities projects designed to server fewer than 10,000 individuals o Federal cost share not to exceed 25% or $20 million,whichever is less for alternative water source project that has receive funds under Reclamation Projects Authorization and Adjustment Act of 1992 2 Page • Sewer Overflow and Stormwater Reuse Municipal Grants (Sec. 22106) CWA section 221 amended, Federal cost share of activities carried out using grant made to financially distressed community will not be less than 75% of cost o Authorizes $400 million for each of the fiscal years 2021 - 2025 o Requires USEPA to ensure that of amounts granted to municipalities, not less than 20% is granted to populations less than 20,000 o Amends section 516(b)(1) of CWA, so that reports to Congress must include summary of the costs to implement measures necessary to address the resilience and sustainability of POTWs to manmade or natural disasters • Capitalization Grants (Sec. 22109) CWA section 602(b) is amended by inserting"efficient energy use (including through implementation of technologies to recapture and reuse energy produced in the treatment of wastewater)" o To extent sufficient eligible projects/activities for capitalization grants received by State under this title and section 205(m) - State will use not less than 15% of funds for projects to address green infrastructure, water or energy efficiency improvements, other environmentally innovative activities • Water Pollution Control Revolving Loan Funds (Sec. 22110) States may use allotted funding amounts to provide additional subsidization that does not exceed 30% of total amount received by State in capitalization grants or annual average over previous 10 years of amounts deposited by State in SRF o Authorizes $40 billion over five years o For each FY2021-2025 extent there are sufficient applications for additional subsidization that meet outlined requirements by section, State will use an amount not less than 10% of total amount received by state in capitalization grants to provide additional subsidization for the fiscal year • Safe Drinking Water State Revolving Loan Funds (Sec. 33103) Provides $20 billion over five years. • Allotment of Funds (Sec. 22111) State may reserve each fiscal year up to 1% of sums allotted to State under section to carry out workforce development,training, and retraining activities 3 Page • Report on Financial Capability of Municipalities ((Sec 22115) Directs USEPA to review existing implementation guidance for evaluating financial resources available to a municipality to implement CWA requirements to determine if guidance needs to be revised. During evaluation USEPA should consider: o Report by National Academy of Public Administration - "Developing a New Framework for Community Affordability of Clean Water Services" o Report developed by National Environmental Justice Advisory Council entitled "EPA's Role in Addressing Urgent Water Infrastructure Needs of Environmental Justice Communities" o Report by AWWA, NCCWA, and WEF entitled "Developing a New Framework for Household Affordability and Financial Capability Assessment in the Water Sector" o Recommendations of Environmental Financial Advisory Board related to municipal financial capability assessments o Other information Administrator deems appropriate o USEPA is to provide public notice, consult, and solicit advise and recommendations from States and local governments, stakeholders, and NGOs when conducting review o No later than 18 months after date of enactment USEPA will submit a report to congressional committees with jurisdiction of review results • Emerging Contaminants (Sec. 22116) USEPA will award grants to owners and operators of POTWs for implementation of pretreatment standard or effluent limitation developed by USEPA for the introduction or discharge of perfluoroalkyl or polyfluoroalkyl substance or other pollutant identified by Administrator as a potential contaminant of emerging concern o Authorizes $200 million for each of the fiscal years 2021-2025 III. LOCAL/REGIONAL WATER PROTECTION • Nonpoint Source Management Programs (Sec.22201) Authorizes $200 million for each of the fiscal years 2021-2025 4 Page • San Francisco Bay Restoration Grant Program (Sec. 22302) Estuary Partnership is defined as San Francisco Estuary Partnership o San Francisco Bay Plan means a plan developed by Director, comprehensive conservation and management plan for San Francisco Bay estuary until plans are completed o USEPA will establish a San Francisco Bay Program Office within USEPA Region 9 HQ o Administrator will appoint Director to the Office with appropriate management, technical, and environmental experience and expertise to Bay o Director will annually compile priority project list, consistent with San Francisco Bay Plan, identifying projects, activities, and studies including: restoration projects and habitat improvement for fish, waterfowl, and wildlife o Projects and activities should advance goals and objectives of plan for: ■ Water quality improvement including reduction of marine litter ■ Wetland, riverine, estuary restoration and protection ■ Nearshore and endangered species recovery ■ Adaption to climate change o Director will consult with Estuary Partnership, State of CA, affected local governments in Bay watershed, San Francisco Bay Restoration Authority, and any other relevant stakeholders o No later than 5 years after enactment, Director,will review and revise comprehensive conservation and management plan approved for San Francisco Bay estuary to develop plan to guide projects, activities, and studies o At least once every 5 years after completion of plan, Director will review and revise plan as appropriate o Director may provide funding via cooperative agreements, grants, or other means to state and local agencies, special districts, public or nonprofit agencies, institutions, or organizations for projects, activities, and studies identified on priority list o Amounts provided to eligible entity will not exceed amount equal to 75% of total project, activity, or study cost o Not less than 25% of costs will be provided from non-federal sources o Section authorized at$25 million for each of fiscal years 2021-2025 o In each of the fiscal years 2021-2025 President will submit information regarding each federal department and agency involved in San Francisco Bay protection and restoration as part of annual budget submission to Congress 5 Page • Section 22304. Great Lakes Restoration Initiative Reauthorization (Sec. 22304) Authorizes the following: o $375 million for FY2022 o $400 million for FY2023 o $425 million for FY2024 o $450 million for FY2025 o $475 million for FY2026 • National Estuary Program Reauthorization (Sec. 22305) Authorized at $50 million for each of fiscal years 2022 -2026 o Includes identification of"Peconic Bay, New York; Casco Bay, Maine; Tampa Bay, Florida; Coastal Bend, Texas; San Juan Bay, Puerto Rico; Tillamook Bay, Oregon; Piscataqua Region, New Hampshire; Barnegat Bay, New Jersey; Maryland Coastal Bays, Maryland; Charlotte Harbor, Florida; Mobile Bay,Alabama; Morro Bay, California; and Lower Columbia River, Oregon and Washington" o Purpose of conference is for the management plan that recommends and addresses effects of recurring extreme weather events on the estuary including: ■ Identification and assessment of vulnerabilities in estuary and development and implementation of adaption strategies o USEPA will award grants to selected estuaries or those that relate to coastal resiliency of such estuaries. Grant funding can go towards addressing: ■ Stormwater runoff ■ Accelerated land loss ■ Sea level rise ■ Extreme weather IV. Public Lands, Tribal Communities and Resilient Natural Infrastructure - Interior/U.S. Bureau of Reclamation (Sec. 80000) • Requires each California region dependent upon Delta water supplies to improve regional self-sufficiency through investment in water use efficiency, water recycling, advanced water technologies • Operate CVP to deliver water as reasonably possible to drought impacted areas and minimize harm to fish and wildlife • Reclamation fund surplus to be used to offset costs of program spending through water reuse, desalination, and water storage projects • Competitive Title XVI grants program ($500 million) for water recycling amended to emphasize priority for regional projects, multiple benefits including improved water quality. Strikes requirement for congressional approval of projects. Increases federal share to $30 million per project. • Establishes process for study of storage projects, including identification of project benefits 6 Page • Watershed grants assistance to improve watershed health authorized $650 million over five years • Provides $750 million funding (50% federal cost share) for storage projects (federal, natural, and major federally assisted). Major federally assisted projects include surface and groundwater storage not federally owned, ecosystem restoration, and conveyance facilities. Compliance with federal environmental mandates required. Projects must be more than $250 million. • "Standard Federally assisted storage project" is one that costs less than $250 million. Governor must request assistance among other criteria to be eligible for federal assistance. Approval dependent upon fish and wildlife benefits versuslosses • CalFed storage projects authorization extended related to WIIN Act with conditions including state approval of project • Redefines eligible desalination projects as those that constructed, operated and maintained by public entity or water deliverer and provides a federal benefit. Project must be consistent with state coastal plans. Federal share limited to 25%. Priority for assistance to projects that address drought and reduce reliance on imported water and that address imperiled ecosystems. • Disadvantaged communities in need of safe and reliable water supplies provided with $100 million in grants assistance. (population of community less than 60,000) • Improved data and technology assistance provided to support water recycling and desalination,X-prize for water technology breakthroughs, and other initiatives. Priority to fund federal stream gages $45 million authorized • Innovative Technology Adoption grants authorized to help foster adoption of technologies that can identify water losses in nondestructive manner from pipes and canals, provide data on pipe integrity (leak and gas pocket detection), real time monitoring of weather monitoring reservoir operations, real time monitoring of aquifer management, use of real time sensors to improve management of other water infrastructure assets, improve water use efficiency and conservation, including through behavioral water efficiency, supervisory control an data acquisition systems or other system modernizations • $25 million to support for critically important fisheries authorized to include "commercially and recreationally important" fisheries as part of drought planning assistance including hatcheries improvements and retrofits • $125 million provided to support aquatic ecosystem restoration projects 7 Page Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Congressman Cisneros Fountain Valley U.S. House of Representatives 431 Cannon House Office Building Fullerton Washington, DC 20515 Garden Grove Dear Representative Cisneros: Huntington Beach Irvine As Congress develops the next legislative package of economic stabilization to respond to the threats from the Coronavirus, it is vital that any package include technical corrections to the La Habra CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that Los Alamitos you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Newport Beach requests are grounded in the principle that the public wastewater sector provides critical health services that support stable economies and a healthy citizenry. OCSD specifically seeks Orange that the following issues be addressed in the next phase of Coronavirus legislation: Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax Santa Ana credits to help offset the costs of mandatory paid sick, family and medical leave. Seal Beach This tax credit was denied to the public sector, even though OCSD is also liable for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next Tustin phase of assistance. Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct County of Orange assistance to state and units of local government. However, this eligibility has Costa Mesa been interpreted not to include Special Districts. As a result, financial assistance Sanitary District under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Midway City funding to critical infrastructure. OCSD requests that you work to clarify the Sanitary District definition of local government to specifically include political subdivisions of a Irvine Ranch state, thereby capturing Special Districts. This is vital to allow for consideration Water District of federal assistance that can help OCSD meet its mission to protect human health. Yorba Linda Water District OCSD also wishes to take this opportunity to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support uNSH SANITq TTO o y federal assistance to help rebuild our nation's clean water infrastructure. We understand that 2 consideration is underway to develop infrastructure legislation that can support recovery from D COVID-19. 9oTFcr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at jcabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, &� , ")nI David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Congressman Correa Fountain Valley U.S. House of Representatives 1039 Cannon House Office Building Fullerton Washington, D.C. 20515 Garden Grove Dear Representative Correa: Huntington Beach Irvine As Congress develops the next legislative package of economic stabilization to respond to the threats from the Coronavirus, it is vital that any package include technical corrections to the La Habra CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that Los Alamitos you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Newport Beach requests are grounded in the principle that the public wastewater sector provides critical health services that support stable economies and a healthy citizenry. OCSD specifically seeks Orange that the following issues be addressed in the next phase of Coronavirus legislation: Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax Santa Ana credits to help offset the costs of mandatory paid sick, family and medical leave. Seal Beach This tax credit was denied to the public sector, even though OCSD is also liable for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next Tustin phase of assistance. Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct County of Orange assistance to state and units of local government. However, this eligibility has Costa Mesa been interpreted not to include Special Districts. As a result, financial assistance Sanitary District under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Midway City funding to critical infrastructure. OCSD requests that you work to clarify the Sanitary District definition of local government to specifically include political subdivisions of a Irvine Ranch state, thereby capturing Special Districts. This is vital to allow for consideration Water District of federal assistance that can help OCSD meet its mission to protect human health. Yorba Linda Water District OCSD also wishes to take this opportunity to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support uNSH SANITq TTO o y federal assistance to help rebuild our nation's clean water infrastructure. We understand that 2 consideration is underway to develop infrastructure legislation that can support recovery from D COVID-19. 9oTFcr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Senator Feinstein Fountain Valley 331 Hart Senator Office Building Washington, D.C. 20510 Fullerton Garden Grove Dear Senator Feinstein: Huntington Beach As Congress develops the next legislative package of economic stabilization to respond to the Irvine threats from the Coronavirus, it is vital that any package include technical corrections to the CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Habra La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Los Alamitos requests are grounded in the principle that the public wastewater sector provides critical Newport Beach health services that support stable economies and a healthy citizenry. OCSD specifically seeks that the following issues be addressed in the next phase of Coronavirus legislation: Orange Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax credits to help offset the costs of mandatory paid sick, family and medical leave. Santa Ana This tax credit was denied to the public sector, even though OCSD is also liable Seal Beach for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next phase of assistance. Tustin Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct assistance to state and units of local government. However, this eligibility has County of Orange been interpreted not to include Special Districts. As a result, financial assistance Costa Mesa under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Sanitary District funding to critical infrastructure. OCSD requests that you work to clarify the Midway City definition of local government to specifically include political subdivisions of a Sanitary District state, thereby capturing Special Districts. This is vital to allow for consideration Irvine Ranch of federal assistance that can help OCSD meet its mission to protect human Water District health. Linda WaterWater District opportunity OCSD also wishes to take this o ortunit to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support federal assistance to help rebuild our nation's clean water infrastructure. We understand that SH SANITgT ' consideration is underway to develop infrastructure legislation that can support recovery from 2 A COVID-19. 9oTFcr�NC THE ENv\Po���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, � Aavi " David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Senator Harris Fountain Valley 112 Hart Senator Office Building Washington, D.C. 20510 Fullerton Garden Grove Dear Senator Harris: Huntington Beach As Congress develops the next legislative package of economic stabilization to respond to the Irvine threats from the Coronavirus, it is vital that any package include technical corrections to the CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Habra La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Los Alamitos requests are grounded in the principle that the public wastewater sector provides critical Newport Beach health services that support stable economies and a healthy citizenry. OCSD specifically seeks that the following issues be addressed in the next phase of Coronavirus legislation: Orange Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax credits to help offset the costs of mandatory paid sick, family and medical leave. Santa Ana This tax credit was denied to the public sector, even though OCSD is also liable Seal Beach for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next phase of assistance. Tustin Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct assistance to state and units of local government. However, this eligibility has County of Orange been interpreted not to include Special Districts. As a result, financial assistance Costa Mesa under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Sanitary District funding to critical infrastructure. OCSD requests that you work to clarify the Midway City definition of local government to specifically include political subdivisions of a Sanitary District state, thereby capturing Special Districts. This is vital to allow for consideration Irvine Ranch of federal assistance that can help OCSD meet its mission to protect human Water District health. Linda WaterWater District opportunity OCSD also wishes to take this o ortunit to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support federal assistance to help rebuild our nation's clean water infrastructure. We understand that SH SANITgT ' consideration is underway to develop infrastructure legislation that can support recovery from 2 A COVID-19. 9oTFcr�NC THE ENv\Po���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, v Ao,� David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Congressman Lowenthal Fountain Valley U.S. House of Representatives 125 Cannon House Office Building Fullerton Washington, D.C. 20515 Garden Grove Dear Representative Lowenthal: Huntington Beach Irvine As Congress develops the next legislative package of economic stabilization to respond to the threats from the Coronavirus, it is vital that any package include technical corrections to the La Habra CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that Los Alamitos you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Newport Beach requests are grounded in the principle that the public wastewater sector provides critical health services that support stable economies and a healthy citizenry. OCSD specifically seeks Orange that the following issues be addressed in the next phase of Coronavirus legislation: Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax Santa Ana credits to help offset the costs of mandatory paid sick, family and medical leave. Seal Beach This tax credit was denied to the public sector, even though OCSD is also liable for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next Tustin phase of assistance. Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct County of Orange assistance to state and units of local government. However, this eligibility has Costa Mesa been interpreted not to include Special Districts. As a result, financial assistance Sanitary District under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Midway City funding to critical infrastructure. OCSD requests that you work to clarify the Sanitary District definition of local government to specifically include political subdivisions of a Irvine Ranch state, thereby capturing Special Districts. This is vital to allow for consideration Water District of federal assistance that can help OCSD meet its mission to protect human health. Yorba Linda Water District OCSD also wishes to take this opportunity to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support uNSH SANITq TTO o y federal assistance to help rebuild our nation's clean water infrastructure. We understand that 2 consideration is underway to develop infrastructure legislation that can support recovery from D COVID-19. 9oTFcr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Congresswoman Katie Porter Fountain Valley U.S. House of Representatives 1117 Longworth House Office Building Fullerton Washington, D.C. 20515 Garden Grove Dear Representative Porter: Huntington Beach Irvine As Congress develops the next legislative package of economic stabilization to respond to the threats from the Coronavirus, it is vital that any package include technical corrections to the La Habra CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that Los Alamitos you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Newport Beach requests are grounded in the principle that the public wastewater sector provides critical health services that support stable economies and a healthy citizenry. OCSD specifically seeks Orange that the following issues be addressed in the next phase of Coronavirus legislation: Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax Santa Ana credits to help offset the costs of mandatory paid sick, family and medical leave. Seal Beach This tax credit was denied to the public sector, even though OCSD is also liable for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next Tustin phase of assistance. Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct County of Orange assistance to state and units of local government. However, this eligibility has Costa Mesa been interpreted not to include Special Districts. As a result, financial assistance Sanitary District under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Midway City funding to critical infrastructure. OCSD requests that you work to clarify the Sanitary District definition of local government to specifically include political subdivisions of a Irvine Ranch state, thereby capturing Special Districts. This is vital to allow for consideration Water District of federal assistance that can help OCSD meet its mission to protect human health. Yorba Linda Water District OCSD also wishes to take this opportunity to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support uNSH SANITq TTO o y federal assistance to help rebuild our nation's clean water infrastructure. We understand that 2 consideration is underway to develop infrastructure legislation that can support recovery from D COVID-19. 9oTFcr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, &'q David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Congressman Rouda Fountain Valley U.S. House of Representatives 2300 Rayburn House Office Building Fullerton Washington, D.C. 20515 Garden Grove Dear Representative Rouda: Huntington Beach Irvine As Congress develops the next legislative package of economic stabilization to respond to the threats from the Coronavirus, it is vital that any package include technical corrections to the La Habra CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that Los Alamitos you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Newport Beach requests are grounded in the principle that the public wastewater sector provides critical health services that support stable economies and a healthy citizenry. OCSD specifically seeks Orange that the following issues be addressed in the next phase of Coronavirus legislation: Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax Santa Ana credits to help offset the costs of mandatory paid sick, family and medical leave. Seal Beach This tax credit was denied to the public sector, even though OCSD is also liable for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next Tustin phase of assistance. Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct County of Orange assistance to state and units of local government. However, this eligibility has Costa Mesa been interpreted not to include Special Districts. As a result, financial assistance Sanitary District under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Midway City funding to critical infrastructure. OCSD requests that you work to clarify the Sanitary District definition of local government to specifically include political subdivisions of a Irvine Ranch state, thereby capturing Special Districts. This is vital to allow for consideration Water District of federal assistance that can help OCSD meet its mission to protect human health. Yorba Linda Water District OCSD also wishes to take this opportunity to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support uNSH SANITq TTO o y federal assistance to help rebuild our nation's clean water infrastructure. We understand that 2 consideration is underway to develop infrastructure legislation that can support recovery from D COVID-19. 9oTFcr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, &A4 144 1 41116`1� David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Congresswoman Sanchez Fountain Valley U.S. House of Representatives 2329 Rayburn House Office Building Fullerton Washington, D.C. 20515 Garden Grove Dear Representative Sanchez: Huntington Beach Irvine As Congress develops the next legislative package of economic stabilization to respond to the threats from the Coronavirus, it is vital that any package include technical corrections to the La Habra CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that Los Alamitos you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Newport Beach requests are grounded in the principle that the public wastewater sector provides critical health services that support stable economies and a healthy citizenry. OCSD specifically seeks Orange that the following issues be addressed in the next phase of Coronavirus legislation: Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax Santa Ana credits to help offset the costs of mandatory paid sick, family and medical leave. Seal Beach This tax credit was denied to the public sector, even though OCSD is also liable for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next Tustin phase of assistance. Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct County of Orange assistance to state and units of local government. However, this eligibility has Costa Mesa been interpreted not to include Special Districts. As a result, financial assistance Sanitary District under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Midway City funding to critical infrastructure. OCSD requests that you work to clarify the Sanitary District definition of local government to specifically include political subdivisions of a Irvine Ranch state, thereby capturing Special Districts. This is vital to allow for consideration Water District of federal assistance that can help OCSD meet its mission to protect human health. Yorba Linda Water District OCSD also wishes to take this opportunity to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support uNSH SANITq TTO o y federal assistance to help rebuild our nation's clean water infrastructure. We understand that 2 consideration is underway to develop infrastructure legislation that can support recovery from D COVID-19. 9oTFcr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 27, 2020 Cypress The Honorable Congressman Cisneros Fountain Valley U.S. House of Representatives 431 Cannon House Office Building Fullerton Washington, D.C. 20515 Garden Grove Dear Representative Cisneros: Huntington Beach Irvine Recently,the Orange County Sanitation District (OCSD) wrote to request that the next phase of the Coronavirus (COVID-19) economic and health response legislation include language to support La Habra explicitly the needs of Special Districts like OCSD that provide critical health services to the public. La Palma We were surprised and deeply disappointed that the legislative agreement, pending before the U.S. Senate and U.S. House of Representatives,which is expected to pass by the end of this week, Los Alamitos fails to address any of the issues that we and our fellow public agencies have communicated to Newport Beach your office. Orange Congress had an opportunity as part of the pending relief package to provide OCSD and other Special Districts that deliver critical services with much needed support as was previously Placentia extended to larger municipal and county governments in prior assistance packages. OCSD's Santa Ana economic and public health needs are as important as other governmental organizations. Many of our ratepayers have been hit hard by this pandemic.As an essential service, it is not only our job it Seal Beach is our duty to continue to protect public health and the environment. We request immediate Stanton action to ensure that the following needs, presented below, are addressed as part of the next Tustin COVID-19 assistance response. Villa Park During this unprecedented time, we ask that the next COVID-19 package of assistance provide for the following: County of Orange • Equal Tax Treatment:The CARES Act provided the private sector with payroll tax credits to Costa Mesa help offset the costs of mandatory paid sick,family and medical leave. This tax credit was Sanitary District denied to the public sector, even though OCSD is also liable for such payroll taxes. We urge Midway City that the prohibition on providing tax credits to public agencies, contained in the CARES Act, Sanitary District be repealed as part of this next phase of assistance. Irvine Ranch Water District • Special District Eligibility for Direct Assistance:The CARES Act provided direct assistance to Yorbstate and units of local government. However,this eligibility has been interpreted not to WaWaterter District p Linda include Special Districts. As a result,financial assistance under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying funding to critical infrastructure. OCSD requests that you work to clarify the definition of local government to specifically include political o�NtH SANIpq',/0 subdivisions of a state, thereby capturing Special Districts.This is vital to allow for 2 s consideration of federal assistance that can help OCSD meet its mission to protect human p health. 9oT�cr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page Two OCSD deeply appreciates the unwavering support you have provided to our past efforts to provide for an improved quality of life for the citizens of Orange County.Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at jcabral@ocsd.com should you have any questions. Thank you for your continued support of the Orange County Sanitation District. Sincerely, David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Congressman Correa Fountain Valley U.S. House of Representatives 1039 Cannon House Office Building Fullerton Washington, D.C. 20515 Garden Grove Dear Representative Correa: Huntington Beach Irvine As Congress develops the next legislative package of economic stabilization to respond to the threats from the Coronavirus, it is vital that any package include technical corrections to the La Habra CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that Los Alamitos you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Newport Beach requests are grounded in the principle that the public wastewater sector provides critical health services that support stable economies and a healthy citizenry. OCSD specifically seeks Orange that the following issues be addressed in the next phase of Coronavirus legislation: Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax Santa Ana credits to help offset the costs of mandatory paid sick, family and medical leave. Seal Beach This tax credit was denied to the public sector, even though OCSD is also liable for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next Tustin phase of assistance. Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct County of Orange assistance to state and units of local government. However, this eligibility has Costa Mesa been interpreted not to include Special Districts. As a result, financial assistance Sanitary District under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Midway City funding to critical infrastructure. OCSD requests that you work to clarify the Sanitary District definition of local government to specifically include political subdivisions of a Irvine Ranch state, thereby capturing Special Districts. This is vital to allow for consideration Water District of federal assistance that can help OCSD meet its mission to protect human health. Yorba Linda Water District OCSD also wishes to take this opportunity to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support uNSH SANITq TTO o y federal assistance to help rebuild our nation's clean water infrastructure. We understand that 2 consideration is underway to develop infrastructure legislation that can support recovery from D COVID-19. 9oTFcr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Senator Feinstein Fountain Valley 331 Hart Senator Office Building Washington, D.C. 20510 Fullerton Garden Grove Dear Senator Feinstein: Huntington Beach As Congress develops the next legislative package of economic stabilization to respond to the Irvine threats from the Coronavirus, it is vital that any package include technical corrections to the CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Habra La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Los Alamitos requests are grounded in the principle that the public wastewater sector provides critical Newport Beach health services that support stable economies and a healthy citizenry. OCSD specifically seeks that the following issues be addressed in the next phase of Coronavirus legislation: Orange Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax credits to help offset the costs of mandatory paid sick, family and medical leave. Santa Ana This tax credit was denied to the public sector, even though OCSD is also liable Seal Beach for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next phase of assistance. Tustin Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct assistance to state and units of local government. However, this eligibility has County of Orange been interpreted not to include Special Districts. As a result, financial assistance Costa Mesa under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Sanitary District funding to critical infrastructure. OCSD requests that you work to clarify the Midway City definition of local government to specifically include political subdivisions of a Sanitary District state, thereby capturing Special Districts. This is vital to allow for consideration Irvine Ranch of federal assistance that can help OCSD meet its mission to protect human Water District health. Linda WaterWater District opportunity OCSD also wishes to take this o ortunit to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support federal assistance to help rebuild our nation's clean water infrastructure. We understand that SH SANITgT ' consideration is underway to develop infrastructure legislation that can support recovery from 2 A COVID-19. 9oTFcr�NC THE ENv\Po���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, � Aavi " David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Senator Harris Fountain Valley 112 Hart Senator Office Building Washington, D.C. 20510 Fullerton Garden Grove Dear Senator Harris: Huntington Beach As Congress develops the next legislative package of economic stabilization to respond to the Irvine threats from the Coronavirus, it is vital that any package include technical corrections to the CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Habra La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Los Alamitos requests are grounded in the principle that the public wastewater sector provides critical Newport Beach health services that support stable economies and a healthy citizenry. OCSD specifically seeks that the following issues be addressed in the next phase of Coronavirus legislation: Orange Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax credits to help offset the costs of mandatory paid sick, family and medical leave. Santa Ana This tax credit was denied to the public sector, even though OCSD is also liable Seal Beach for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next phase of assistance. Tustin Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct assistance to state and units of local government. However, this eligibility has County of Orange been interpreted not to include Special Districts. As a result, financial assistance Costa Mesa under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Sanitary District funding to critical infrastructure. OCSD requests that you work to clarify the Midway City definition of local government to specifically include political subdivisions of a Sanitary District state, thereby capturing Special Districts. This is vital to allow for consideration Irvine Ranch of federal assistance that can help OCSD meet its mission to protect human Water District health. Linda WaterWater District opportunity OCSD also wishes to take this o ortunit to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support federal assistance to help rebuild our nation's clean water infrastructure. We understand that SH SANITgT ' consideration is underway to develop infrastructure legislation that can support recovery from 2 A COVID-19. 9oTFcr�NC THE ENv\Po���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, v Ao,� David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Congressman Lowenthal Fountain Valley U.S. House of Representatives 125 Cannon House Office Building Fullerton Washington, D.C. 20515 Garden Grove Dear Representative Lowenthal: Huntington Beach Irvine As Congress develops the next legislative package of economic stabilization to respond to the threats from the Coronavirus, it is vital that any package include technical corrections to the La Habra CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that Los Alamitos you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Newport Beach requests are grounded in the principle that the public wastewater sector provides critical health services that support stable economies and a healthy citizenry. OCSD specifically seeks Orange that the following issues be addressed in the next phase of Coronavirus legislation: Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax Santa Ana credits to help offset the costs of mandatory paid sick, family and medical leave. Seal Beach This tax credit was denied to the public sector, even though OCSD is also liable for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next Tustin phase of assistance. Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct County of Orange assistance to state and units of local government. However, this eligibility has Costa Mesa been interpreted not to include Special Districts. As a result, financial assistance Sanitary District under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Midway City funding to critical infrastructure. OCSD requests that you work to clarify the Sanitary District definition of local government to specifically include political subdivisions of a Irvine Ranch state, thereby capturing Special Districts. This is vital to allow for consideration Water District of federal assistance that can help OCSD meet its mission to protect human health. Yorba Linda Water District OCSD also wishes to take this opportunity to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support uNSH SANITq TTO o y federal assistance to help rebuild our nation's clean water infrastructure. We understand that 2 consideration is underway to develop infrastructure legislation that can support recovery from D COVID-19. 9oTFcr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Congresswoman Katie Porter Fountain Valley U.S. House of Representatives 1117 Longworth House Office Building Fullerton Washington, D.C. 20515 Garden Grove Dear Representative Porter: Huntington Beach Irvine As Congress develops the next legislative package of economic stabilization to respond to the threats from the Coronavirus, it is vital that any package include technical corrections to the La Habra CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that Los Alamitos you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Newport Beach requests are grounded in the principle that the public wastewater sector provides critical health services that support stable economies and a healthy citizenry. OCSD specifically seeks Orange that the following issues be addressed in the next phase of Coronavirus legislation: Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax Santa Ana credits to help offset the costs of mandatory paid sick, family and medical leave. Seal Beach This tax credit was denied to the public sector, even though OCSD is also liable for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next Tustin phase of assistance. Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct County of Orange assistance to state and units of local government. However, this eligibility has Costa Mesa been interpreted not to include Special Districts. As a result, financial assistance Sanitary District under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Midway City funding to critical infrastructure. OCSD requests that you work to clarify the Sanitary District definition of local government to specifically include political subdivisions of a Irvine Ranch state, thereby capturing Special Districts. This is vital to allow for consideration Water District of federal assistance that can help OCSD meet its mission to protect human health. Yorba Linda Water District OCSD also wishes to take this opportunity to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support uNSH SANITq TTO o y federal assistance to help rebuild our nation's clean water infrastructure. We understand that 2 consideration is underway to develop infrastructure legislation that can support recovery from D COVID-19. 9oTFcr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, &'q David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Congressman Rouda Fountain Valley U.S. House of Representatives 2300 Rayburn House Office Building Fullerton Washington, D.C. 20515 Garden Grove Dear Representative Rouda: Huntington Beach Irvine As Congress develops the next legislative package of economic stabilization to respond to the threats from the Coronavirus, it is vital that any package include technical corrections to the La Habra CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that Los Alamitos you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Newport Beach requests are grounded in the principle that the public wastewater sector provides critical health services that support stable economies and a healthy citizenry. OCSD specifically seeks Orange that the following issues be addressed in the next phase of Coronavirus legislation: Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax Santa Ana credits to help offset the costs of mandatory paid sick, family and medical leave. Seal Beach This tax credit was denied to the public sector, even though OCSD is also liable for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next Tustin phase of assistance. Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct County of Orange assistance to state and units of local government. However, this eligibility has Costa Mesa been interpreted not to include Special Districts. As a result, financial assistance Sanitary District under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Midway City funding to critical infrastructure. OCSD requests that you work to clarify the Sanitary District definition of local government to specifically include political subdivisions of a Irvine Ranch state, thereby capturing Special Districts. This is vital to allow for consideration Water District of federal assistance that can help OCSD meet its mission to protect human health. Yorba Linda Water District OCSD also wishes to take this opportunity to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support uNSH SANITq TTO o y federal assistance to help rebuild our nation's clean water infrastructure. We understand that 2 consideration is underway to develop infrastructure legislation that can support recovery from D COVID-19. 9oTFcr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, &A4 144 1 41116`1� David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea Buena Park April 20, 2020 Cypress The Honorable Congresswoman Sanchez Fountain Valley U.S. House of Representatives 2329 Rayburn House Office Building Fullerton Washington, D.C. 20515 Garden Grove Dear Representative Sanchez: Huntington Beach Irvine As Congress develops the next legislative package of economic stabilization to respond to the threats from the Coronavirus, it is vital that any package include technical corrections to the La Habra CARES Act to assist with potential economic impacts from the Coronavirus (COVID-19). La Palma As a designated essential service,the Orange County Sanitation District (OCSD) is seeking that Los Alamitos you work to include a number of provisions to help us weather the COVID-19 pandemic. Our Newport Beach requests are grounded in the principle that the public wastewater sector provides critical health services that support stable economies and a healthy citizenry. OCSD specifically seeks Orange that the following issues be addressed in the next phase of Coronavirus legislation: Placentia 1. Equal Tax Treatment: The CARES Act provided the private sector with payroll tax Santa Ana credits to help offset the costs of mandatory paid sick, family and medical leave. Seal Beach This tax credit was denied to the public sector, even though OCSD is also liable for such payroll taxes. We urge that the prohibition on providing tax credits to Stanton public agencies, contained in the CARES Act, be repealed as part of this next Tustin phase of assistance. Villa Park 2. Special District Eligibility for Direct Assistance:The CARES Act provided direct County of Orange assistance to state and units of local government. However, this eligibility has Costa Mesa been interpreted not to include Special Districts. As a result, financial assistance Sanitary District under the Coronavirus Relief Fund (Fund) is unavailable to OCSD, denying Midway City funding to critical infrastructure. OCSD requests that you work to clarify the Sanitary District definition of local government to specifically include political subdivisions of a Irvine Ranch state, thereby capturing Special Districts. This is vital to allow for consideration Water District of federal assistance that can help OCSD meet its mission to protect human health. Yorba Linda Water District OCSD also wishes to take this opportunity to call for a robust federal commitment to water infrastructure. For many years,we have called on Congress and the Administration to support uNSH SANITq TTO o y federal assistance to help rebuild our nation's clean water infrastructure. We understand that 2 consideration is underway to develop infrastructure legislation that can support recovery from D COVID-19. 9oTFcr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENV\e`o���2 Page two In the past,the clean water community has repeatedly demonstrated the value and return on investment that infrastructure dollars dedicated to the clean water sector can provide.We will be reaching out to you and your staff in the near future to provide a list of projects we have planned that could greatly contribute to an economic recovery in Orange County. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at (714) 593-7581 or via email at 0cabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 www.ocsd.com Brea Buena Park Cypress June 15, 2020 Fountain Valley The Honorable Dianne Feinstein Fullerton U.S. Senate Garden Grove 331 Hart Senate Office Building Washington, D.C. 20510 Huntington Beach Irvine RE: Fourth Coronavirus Response Legislation La Habra Dear Senator Feinstein: La Palma The Orange County Sanitation District (OCSD) located in Orange County, California writes to Los Alamitos support the House passage of the Health and Economic Recovery Omnibus Emergency Solutions Newport Beach Act, H.R. 6800(HEROES). OCSD would like to request that when the Senate considers the HEROES Act that provisions to support local agencies, including Special Districts, are included in any final Orange compromise. Placentia OCSD is a public agency that provides wastewater collection, treatment, and recycling for Santa Ana approximately 2.6 million people in central and northwest Orange County. OCSD is a special district that is governed by a 25-member Board of Directors comprised of 20 cities, four special Seal Beach districts, and one representative from the Orange County Board of Supervisors. OCSD has two Stanton operating facilities that treat wastewater from residential, commercial, and industrial sources. Tustin We appreciate your past support of emergency spending to address COVID-19 and today we write Villa Park to urge swift Senate passage of the fourth package of assistance. When the Senate considers HEROES, we seek your leadership to amend the bill to provide direct federal assistance to Special County of Orange Districts. Also, we ask that you include water and wastewater sector employees as essential Costa Mesa workers under the HEROES Fund. Sanitary District Midway City Below we describe the elements that OCSD believes need to be included in the final HEROES Act: Sanitary District Irvine Ranch Special District Eligibility for Direct Assistance:The CARES Act, established the Coronavirus Relief Water District Fund (Fund)to deliver financial assistance to states and local governments. It did not extend such financial support to Special Districts. The absence of citing"political subdivisions of a state"within YorbWater Linda the definition excluded Special Districts from receiving federal assistance. This circumstance shuts Water District p g out a substantial portion of the public sector that provides critical public health services. In California, many of our largest wastewater providers are Special Districts and are the sole source SH SANITgT /0 of this important public health service to tens of millions of Californians. HEROES, as passed by 2 A the House, failed to include a definition to allow such public entities with vital assistance. We request that you clarify this eligibility inequity in the Senate, by providing Special Districts with a dedicated funding assistance set-aside in HEROES. 9oT�cr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENv\Qo���2 P Two o Equal Tax Treatment: OCSD supports HEROES provision of payroll tax credits to the public sector to help offset mandatory paid sick, medical and family leave. The simple extension of the current CARES Act tax credit provided to the private sector would remedy an important equity issue. Summary:The next phase of federal assistance must, at a minimum, provide for the following forms of assistance: • Provide Special Districts with their own funding set-aside to support the critical public health services that communities rely upon during this crisis; • Extend payroll tax credits eligibility to the public sector for purposes of mandatory paid sick, medical and family leave. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at(714) 593-7581 or via email at jcabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, V David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 www.ocsd.com Brea Buena Park Cypress June 15, 2020 Fountain Valley The Honorable Kamala Harris Fullerton U.S. Senate Garden Grove 112 Hart Senate Office Building Washington, D.C. 20510 Huntington Beach Irvine RE: Fourth Coronavirus Response Legislation La Habra Dear Senator Harris: La Palma The Orange County Sanitation District (OCSD) located in Orange County, California writes to Los Alamitos support the House passage of the Health and Economic Recovery Omnibus Emergency Solutions Newport Beach Act, H.R. 6800(HEROES). OCSD would like to request that when the Senate considers the HEROES Act that provisions to support local agencies, including Special Districts, are included in any final Orange compromise. Placentia OCSD is a public agency that provides wastewater collection, treatment, and recycling for Santa Ana approximately 2.6 million people in central and northwest Orange County. OCSD is a special district that is governed by a 25-member Board of Directors comprised of 20 cities, four special Seal Beach districts, and one representative from the Orange County Board of Supervisors. OCSD has two Stanton operating facilities that treat wastewater from residential, commercial, and industrial sources. Tustin We appreciate your past support of emergency spending to address COVID-19 and today we write Villa Park to urge swift Senate passage of the fourth package of assistance. When the Senate considers HEROES, we seek your leadership to amend the bill to provide direct federal assistance to Special County of Orange Districts. Also, we ask that you include water and wastewater sector employees as essential Costa Mesa workers under the HEROES Fund. Sanitary District Midway City Below we describe the elements that OCSD believes need to be included in the final HEROES Act: Sanitary District Irvine Ranch Special District Eligibility for Direct Assistance:The CARES Act, established the Coronavirus Relief Water District Fund (Fund)to deliver financial assistance to states and local governments. It did not extend such financial support to Special Districts. The absence of citing"political subdivisions of a state"within YorbWater Linda the definition excluded Special Districts from receiving federal assistance. This circumstance shuts Water District p g out a substantial portion of the public sector that provides critical public health services. In California, many of our largest wastewater providers are Special Districts and are the sole source SH SANITgT /0 of this important public health service to tens of millions of Californians. HEROES, as passed by 2 A the House, failed to include a definition to allow such public entities with vital assistance. We request that you clarify this eligibility inequity in the Senate, by providing Special Districts with a dedicated funding assistance set-aside in HEROES. 9oT�cr/�N THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling �O JNj� S A N I TgT�o/Y C� .A = 9 Q t cf O � A ti 9oTFcr/N� 7HE ENv\Qo���2 P Two o Equal Tax Treatment: OCSD supports HEROES provision of payroll tax credits to the public sector to help offset mandatory paid sick, medical and family leave. The simple extension of the current CARES Act tax credit provided to the private sector would remedy an important equity issue. Summary:The next phase of federal assistance must, at a minimum, provide for the following forms of assistance: • Provide Special Districts with their own funding set-aside to support the critical public health services that communities rely upon during this crisis; • Extend payroll tax credits eligibility to the public sector for purposes of mandatory paid sick, medical and family leave. Thank you for your attention to this important issue. Please do not hesitate to contact Jennifer Cabral, OCSD's Administration Manager at(714) 593-7581 or via email at jcabral@ocsd.com should you have any questions.Thank you for your continued support of the Orange County Sanitation District. Sincerely, David John Shawver Board Chairman Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. OCSD Federal Bills of Interest BILL AUTHOR MMARY �MMMPXM�= OCSD POSITIONOTHER POSITIONS Federal Legislation • • Priority Water Recycling Investment and Improvement Act. Establishes a grant House-3/11/20 Ordered program for the funding of water recycling and reuse projects,and for other to be Reported H.R.1162 Rep.Grace Napolitano(D-CA) purposes. (Amended)out of Watch CASA SUPPORTS Committee on Natural Resources by 19-12 Water Quality Protection and Job Creation Act of 2019. Provides nearly House- 10/29/19 $23.5 billion in direct infrastructure investment over the next five years to Ordered to be Reported address wastewater infrastructure and local water quality challenges.This Out as amended by H.R.1497 Rep. Peter DeFazio(D-OR) Watch CASA SUPPORTS bill allocates$20 billion in grants for the Clean Water State Revolving Fund. voice vote PFAS Action Act of 2019. To require the Administrator of the Environmental House-1/13/20 Passed Protection Agency to shall designate per-and polyfluoroalkyl substances as House and reported to H.R.535 Rep. Debbie Dingell (D-MI) hazardous substances under the Comprehensive Environmental Response, the Senate Committee Watch NYC Compensation,and Liability Act of 1980. on Environment and Public Works Pacific Northwest Earthquake Preparedness Act of 2019. Requires the House-2/6/19 Passed FEMA to develop a plan for the purchase and installation of an earthquake House by voice vote, early warning system for the Cascadia Subduction Zone.The term "Cascadia received in Senate and H.R.876 Rep. Peter DeFazio(D-OR) Subduction Zone". referred to Committee Watch NYC on Homeland Security and Governmental Affa i rs Regulatory Certainty for Navigable Waters Act. Repeals the Waters of the House-2/7/19 Referred United States rule and amend the Federal Water Pollution Control Act to Subcommittee on H.R.667 Rep.Jaime Herrera Beutler(R-WA) definition of navigable waters, and for other purposes. Water Resources and Watch NYC Environment Updated June 19, 2020 OCSD Federal Bills of Interest ACTIONBILL AUTHOR SUMMARY LATEST OCSD POSITIONOTHER POSITIONS IMAGINE Act. A bill to encourage the research and use of innovative Senate-2/7/19 Referred materials and associated techniques in the construction and preservation of to Committee on 5.403 Sen.Sheldon Whitehouse(D-RI) Watch NYC the domestic transportation and water infrastructure system, and for other Environment and Public purposes. Works Toxic Health Threat Warning Act of 2019. To require the Corps of Engineers House-2/7/19 Referred to notify affected communities before releasing water contaminated with to Subcommittee on H.R.977 Rep. Brian Mast(R-FL) cyanobacteria from flood risk management projects,and for other purposes. Water Resources and Watch NYC Environment California New River Restoration Act of 2019. Requires the USEPA to House-2/7/19 Referred establish a California New River restoration program for the New River. to Subcommittee on USEPA must(1)implement projects, plans,and initiatives for the New River Water Resources and H.R.358 Rep.Juan Vargas(D-CA) supported by the California-Mexico Border Relations Council;and (2) provide Environment Watch NYC grants and technical assistance for coordinating restoration and protection activities. Defense Environment and Property Act of 2019. A bill to amend the Senate-2/7/19 Referred Federal Water Pollution Control Act to clarify the definition of navigable to Committee on 5.376 Sen. Rand Paul (R-KY) Watch NYC waters,and for other purposes. Environment and Public Works National Infrastructure Development Bank Act. Facilitates efficient House-2/7/19 Referred investments and financing of infrastructure projects and new job creation to Subcommittee on through the establishment of a National Infrastructure Development Bank, Economic Development, H.R.658 Rep. Rosa DeLauro and for other purposes. Public Buildings,and Watch NYC Emergency Management To amend the Water Resources Development Act of 1986 to repeal the House-2/12/19 authority relating to reprogramming during national emergencies. Referred to the H.R. 1137 Rep.John Garamendi(D-CA) Subcommittee on Water Watch NYC Resources and Environment Updated June 19, 2020 OCSD Federal Bills of Interest AUTHOR MMARY LATEST ACTJMMM OCSD POSITIONOTHER POSITIONS Coastal Communities Adaption Act. Improves the resilience of the built and House-3/6/19 Referred natural environment to natural disasters and climate change using,among to Subcommittee on H.R.1317 Rep. Harley Rouda (D-CA) other measures, natural and nature-based features,and for other purposes. Water Resources and Watch NYC Environment PFAS Action Act. A bill to require the Administrator of the Environmental Senate-2/28/19 Protection Agency to designate per-and polyfluoroalkyl substances as Referred to Committee S.638 Sen.Tom Carper(D-DE) hazardous substances under the Comprehensive Environmental Response, on Environment and Watch NYC Compensation, Liability Act of 1980,and for other purposes. Public Works Water Affordability,Transparency,Equity,and Reliability Act of 2019. A Senate-2/28/19 bill to provide adequate funding for water and sewer infrastructure,and for Referred to Committee S.611 Sen. Bernie Sanders(I-VT) Watch NYC other purposes. on Environment and Public Works Local Water Protection Act. To amend the Federal Water Pollution Control House-4/9/19 Passed Act to reauthorize certain programs relating to nonpoint source House 329-56. Received management, and for other purposes. in Senate, referred to H.R.1331 Rep.Angie Craig(D-MN) Watch NYC Committee 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 H.R. 1764 Rep.John Garamendi (D-CA) Subcommittee on Water Watch CASA,Resources and ACWA- SUPPORTS Environment PFAS Detection Act of 2019. Requires the Director of the United States Senate-3/28/19 Geological Survey to perform a nationwide survey of perfluorinated Referred to Committee S.950 Sen. Debbie Stabenow(D-MI) Watch NYC compounds, and for other purposes. on Environment and Public Works BLUE GLOBE Act. Improves data collection and monitoring of the Great Senate-3/28/19 Lakes,oceans, bays,estuaries,and coasts,and for other purposes. Referred to Committee S.933 Sen.Sheldon Whitehouse(D-RI) Watch NYC on Commerce,Science, and Transportation Updated June 19, 2020 OCSD Federal Bills of Interest ACTIONAUTHOR SUMMARY LATEST OCSD POSITIONOTHER POSITIONS Coordinated Ocean Observations and Research Act of 2019. Reauthorizes Senate- 12/5/19 Placed the Integrated Coastal and Ocean Observation System Act of 2009,to clarify on Senate Legislative the authority of the Administrator of the National Oceanic and Atmospheric Calendar S.914 Sen. Roger Wicker(R-MS) Watch NYC Administration with respect to post-storm assessments,and to require the establishment of a National Water Center, and for other purposes. Smart Energy and Water Efficiency Act of 2019. Provides for a smart water House-4/9/19 Referred resource management pilot program. to Committee on H.R.2019 Rep.Jerry McNerney(D-CA) Watch NYC Science,Space,and Technology Indian Water Rights Settlement Extension Act.Amends the Omnibus Public House-4/4/19 Land Management Act of 2009 to make the Reclamation Water Settlements Committee on Natural H.R.1904 Rep. Raul Grijalva (D-CA) Watch NYC Fund permanent. Resources Hearings Held Water Quality Certification Improvement Act of 2019.Amends the Federal House-4/11/19 Water Pollution Control Act to make changes with respect to water quality Referred to H.R.2205 Rep. David McKinley(R-WV) certification,and for other purposes. Subcommittee on Water Watch NYC Resources and Environment Digital Coast Act. Requires the Secretary of Commerce,acting through the House-11/26/19 Placed Administrator of the National Oceanic and Atmospheric Administration,to on Union Calendar establish a constituent-driven program to provide a digital information platform capable of efficiently integrating coastal data with decision-support H.R.2189 Rep. Dutch Ruppersberger(D-MD) Watch NYC tools,training, and 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. Updated June 19, 2020 OCSD Federal Bills of Interest .11111111116 Digital Coast Act. A bill to require the Secretary of Commerce,acting Senate-6/18/20 Placed through the Administrator of the National Oceanic and Atmospheric on Senate Legislative Administration,to establish a constituent-driven program to provide a digital Calendar under General information platform capable of efficiently integrating coastal data with Orders.Calendar No. 5. 1069 Sen.Tammy Baldwin (D-WI) Watch NYC decision-support tools,training,and best practices and to support collection 481 of priority coastal geospatial data to inform and improve local,State, regional,and Federal capacities to manage the coastal region,and for other purposes. Water Quality Certification Improvement Act of 2019. A bill to amend the Senate-11/19/19 Federal Water Pollution Control Act to make changes with respect to water Committee on S. 1087 Sen.John Barrasso(R-WY) Watch NYC quality certification, and for other purposes. Environment and Public Works hearings held S.A.V.E.Water Resources Act. Promotes water supply reliability and House-3/11/20 Ordered improved water management for rural communities, the State of to be Reported H.R.2473 Rep.Josh Harder(D-CA) Watch NYC California, and the Nation, and for other purposes. (Amended) by 19-12 Safe Drinking Water Assistance Act of 2019. Improves and coordinate Senate-4/30/19 interagency Federal actions and provide assistance to States for responding Referred to Committee S. 1251 Sen.Jeanne Shaheen (D-NH) Watch NYC to public health challenges posed by emerging contaminants,and for other on Environment and purposes. Public Works WISE Act.Amends the Federal Water Pollution Control Act to require a House-5/2/19 Referred certain percentage of funds appropriated for revolving fund capitalization to Subcommittee of H.R.2458 Rep. Debbie Mucarsel-Powell (D-FL) grants be used for green projects,and for other purposes. Water Resources and Watch NYC Environment Protect Drinking Water from PFAS Act of 2019. Requires the Environmental House-9/26/19 Protection Agency(EPA)to address the level of perfluoroalkyl and Forwarded to Full polyfluoroalkyl substances(PFAS) in drinking water.Specifically,the EPA Committee by voice vote H.R.2377 Rep. Brendan Boyle(D-PA) must publish a maximum contaminant level goal and promulgate a national Watch NYC primary drinking water regulation for total PFAS. PFAS are man-made chemicals that may lead to adverse human health effects. Updated June 19, 2020 OCSD Federal Bills of Interest JL Providing Financial Assistance for Safe Drinking Water Act. To assist House-9/26/19 community water systems affected by PFAS contamination,and for other Forwarded to Full H.R.2533 Rep. Frank Pallone(D-NJ) Watch NYC purposes. Committee by voice vote To require the Administrator of the Environmental Protection Agency to House-9/26/19 revise the Safer Choice Standard to provide for a Safer Choice label for Forwarded to Full H.R.2566 Rep. Darren Soto(D-FL) Watch NYC pots,pans,and cooking utensils that do not contain PFAS,and for other Committee by voice vote purposes. PFAS Right-To-Know Act.Amends the Emergency Planning and Community House-9/26/19 H.R.2577 Rep.Antonio Delgado(D-NY) Right-To-Know Act of 1986 to include per-and polyfluoroalkyl substances on Forwarded to Full Watch NYC the Toxics Release Inventory, and for other purposes. Committee by voice vote PFAS Accountability Act of 2019. A bill to encourage Federal agencies to Senate-5/8/19 Referred expeditiously enter into or amend cooperative agreements with States for to Committee on S. 1372 Sen. Debbie Stabenow(D-MI) removal and remedial actions to address PFAS contamination in drinking, Environment and Public Watch NYC surface, and ground water and land surface and subsurface strata,and for Works other purposes. Water Infrastructure Trust Fund Act of 2019. To establish a Water House-5/15/19 Infrastructure Trust Fund,and for other purposes. Referred to H.R.2705 Rep. Earl Blumenauer(D-OR) Subcommittee on Water Watch NYC Resources and Environment Buy America 2.0 Act. To standardize and extend certain Buy America House-5/16/19 H.R.2755 Rep. Brendan Boyle(D-PA) Provisions. Referred to Watch NYC Subcommittee on Aviation Protect Drinking Water from PFAS Act of 2019. A bill to amend the Safe House-5/15/19 Drinking Water Act to require the Administrator of the Environmental Referred to Committee S. 1473 Sen. Kristen Gillibrand (D-NY) Watch NYC Protection Agency to set maximum contaminant levels for certain chemicals, on Environment and and for other purposes. Public Works Updated June 19, 2020 OCSD Federal Bills of Interest ACTIONBILL AUTHOR LATEST OCSD POSITIONOTHER POSITIONS Reinventing Economic Partnerships and Infrastructure Redevelopment Act. Senate-5/16/19 A bill to facilitate efficient investments and financing of infrastructure Referred to Committee S. 1535 Sen. Mark Warner(D-VA) projects and new, long-term job creation through the establishment of an on Finance Watch NYC Infrastructure Financing Authority,and for other purposes. Stop Sewage Overflow Act. To make certain municipalities eligible for House-5/16/19 grants under the Federal Water Pollution Control Act,and for other Referred to H.R.2776 Rep. Lori Trahan (D-MA) purposes. Subcommittee on Water Watch NYC Resources and Environment PFAS Monitoring Act of 2019. To amend the Safe Drinking Water Act to House-5/17/20 require continued and expanded monitoring of perfluoroalkyl and Referred to H.R.2800 Rep. Elissa Slotkin (D-MI) polyfluoroalkyl substances in drinking water,and for other purposes. Subcommittee on Watch NYC Environment and Climate Change A bill to include certain perfluoroalkyl and polyfluoroalkyl substances in Senate-6/27/19 Passed the toxics release inventory,and for other purposes. as an amendment to S. 1507 Sen.Shelley Moore Capito(D-WV) National Defense Watch NYC Authorization Act(S. 1790) Contaminant and Lead Electronic Accounting and Reporting Requirements Senate-5/22/19 for(CLEARR)Drinking Water Act of 2019. Amends the Safe Drinking Water Referred to Committee S. 1613 Sen. Ed Markey(D-MA) Act to update and modernize the reporting requirements for contaminants, on Environment and Watch NYC including lead, in drinking water,and for other purposes. Public Works Aquifer Recharge Flexibility Act. Provides flexibility to allow greater aquifer Senate-10/29/19 Placed S. 1570 Sen.James Risch (R-ID) recharge,and for other purposes. on Senate Legislative Watch NYC Calendar Aquifer Recharge Flexibility Act. Provides flexibility to allow greater aquifer House-6/10/19 recharge,and for other purposes. Referred to H.R.2871 Rep. Russ Fulcher(R-ID) Subcommittee on Water Watch NYC Resources and Environment Updated June 19, 2020 OCSD Federal Bills of Interest MLL SUMMARY LATEST ACTIONdd= OCSD POSITIONOTHER POSITIONS Local Water Protection Act. Amends the Federal Water Pollution Control Senate-5/22/19 Act to reauthorize certain programs relating to nonpoint source Referred to Committee S. 1604 Sen.Amy Klobuchar(D-MN) Watch NYC management,and for other purposes. on Environment and Public Works Living Shorelines Act of 2019. Directs the Administrator of the National Senate-6/5/19 Referred Oceanic and Atmospheric Administration to make grants to State and local to Committee on governments and nongovernmental organizations for purposes of carrying Commerce,Science and S. 1730 Sen. Kamala Harris(D-CA) Watch NYC out climate-resilient living shoreline projects that protect coastal Transportation communities by supporting ecosystem functions and habitats with the use of natural materials and systems,and for other purposes. PIPE Act. A bill to require the Administrator of the Environmental Protection Senate-6/13/19 Agency to establish a discretionary grant program for drinking water and Referred to Committee S. 1837 Sen. Kristen Gillibrand (D-NY) Watch NYC wastewater infrastructure projects, and for other purposes. on Environment and Public Works PIPE Act. To require the Administrator of the Environmental Protection House-6/14/19 Agency to establish a discretionary grant program for drinking water and Referred to H.R.3254 Rep.Antonio Delgado(D-NY) wastewater infrastructure projects, and for other purposes. Subcommittee on Water Watch NYC Resources and Environment Wastewater Infrastructure Workforce Investment Act.To amend the House-6/27/19 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 Water Watch NYC Resources and Environment Coastal State Climate Preparedness Act of 2019. To amend the Coastal House-11/15/19 Placed Zone Management Act of 1972 to require the Secretary of Commerce to on Union Calendar H.R.3541 Rep.Salud Carbajal (D-CA) Watch NYC establish a coastal climate change adaptation preparedness and response program,and for other purposes. National Opportunity for Lead Exposure Accountability and Deterrence Act Senate-7/11/19 S.2086 Sen.Tammy Duckworth (D-IL) of 2019. To amend the Safe Drinking Water Act to improve transparency Referred to Committee Watch NYC under the national primary drinking water regulations for lead and copper, on Environment and and for other purposes. Public Works Updated June 19, 2020 OCSD Federal Bills of Interest M419:011110 Drought Resiliency and Water Supply Infrastructure Act. To support water Senate-7/18/19 CASA, NACWA, S. 1932 Sen.Cory Gardner(R-CO) infrastructure in Reclamation States, and for other purposes. Subcommittee Hearings Watch NWRA,ACWA - Held SUPPORTS Living Shorelines Act of 2019. To direct the Administrator of the National House-11/26/19 Placed Oceanic and Atmospheric Administration to make grants to State and local on the Union Calendar governments and nongovernmental organizations for purposes of carrying H.R.3115 Rep. Frank Pallone(D-NJ) out climate-resilient living shoreline projects that protect coastal Watch NYC communities by supporting ecosystem functions and habitats with the use of natural materials and systems,and for other purposes. Water Resources Research Amendments Act. To amend the Water 25/20 Subcommittee hea H.R.3510 Rep.Josh Harder(D-CA) Resources Research Act of 1984 to reauthorize grants for and require Watch NYC applied water supply research regarding the water resources research and technology institutes established under that Act. Desalination Development Act. To promote desalination project House-3/11/20 Ordered development and drought resilience,and for other purposes. to be Reported H.R.3723 Rep. Mike Levin (D-CA) Watch NYC (Amended) by 13-10 National Opportunity for Lead Exposure Accountability and Deterrence Act House-7/11/19 of 2017. To amend the Safe Drinking Water Act to improve transparency Referred to H.R.3677 Rep. Dan Kildee(D-MI) under the national primary drinking water regulations for lead and copper, Subcommittee on Watch NYC and for other purposes. Environment and Climate Change Creating Opportunity And Sustainability Through Science Act.To require House-8/7/19 Referred research in coastal sustainability and resilience,to ensure that the Federal to Subcommittee on H.R.3919 Rep.Seth Moulton (D-MA) Government continues to implement and advance coastal resiliency efforts, Water, Oceans,and Watch NYC and for other purposes. Wildlife Environmental Justice Act of 2019. To require Federal agencies to address Senate-7/23/19 S.2236 Sen.Cory Booker(D-NJ) environmental justice,to require consideration of cumulative impacts in Referred to Committee Watch NYC certain permitting decisions, and for other purposes. and Public Works Updated June 19, 2020 OCSD Federal Bills of Interest BILL AUTHO���� SUMMARY LATEST ACT�M OCSD POSITIONOTHER POSITIONS Water Justice Act. To provide supplemental appropriations for safe and House-9/4/19 Referred secure water,and for other purposes. to Subcommittee on H.R.4033 Rep. Dan Kildee(D-MI) Commodity Exchanges, Watch NYC Energy,and Credit To amend the Water Resources Reform and Development Act of 2014 to House-7/25/19 modify the procedure for communicating certain emergency risks,and for Referred to H.R.3944 Rep. Kevin Hern (R-OK) other purposes. Subcommittee on Water Watch NYC Resources and Environment Environmental Justice Act of 2019. To require Federal agencies to address House-8/15/19 environmental justice,to require consideration of cumulative impacts in Referred to certain permitting decisions,and for other purposes. Subcommittee on the H.R.3923 Rep. Raul Ruiz(D-CA) Watch NYC Constitution,Civil Rights, and Civil Liberties Clean Water Through Green Infrastructure Act. To establish centers of Senate-9/10/19 excellence for innovative stormwater control infrastructure and for other Referred to Committee S.2456 Sen.Tom Udall (D-NM) Watch NYC purposes. on Environment and Public Works Clean Water Through Green Infrastructure Act. To establish centers of House-9/11/19 excellence for innovative stormwater control infrastructure,and for other Referred to H.R.4266 Rep. Denny Heck(D-WA) purposes. Subcommittee on Water Watch NYC Resources and Environment Water Justice Act. To provide supplemental appropriations for safe and Senate-9/11/19 secure water,and for other purposes. Referred to Committee S.2466 Sen. Kamala Harris(D-CA) Watch NYC on Environment and Public Works Updated June 19, 2020 OCSD Federal Bills of Interest ACTIONBILL AUTHOR MMARY LATEST OCSD POSITIONOTHER POSITIONS PREPARE Act of 2019. To enhance the Federal Government's planning and House-9/19/19 Ordered preparation for extreme weather and the Federal Government's to be reported out of dissemination of best practices to respond to extreme weather,thereby Committee by Voice H.R.4347 Rep. Matt Cartwright(D-PA) Watch NYC increasing resilience, improving regional coordination,and mitigating the Vote financial risk to the Federal Government from such extreme weather,and for other purposes. Voluntary Water Partnership for Distressed Communities Act of 2019. To Senate- 10/15/19 amend the Safe Drinking Water Act to authorize certain community water Referred to Committee S.2596 Sen.Tammy Duckworth (D-IL) Watch NYC systems to enter into partnerships to improve the water systems,and for on Environment and other purposes. Public Works Clean Water Infrastructure Resilience and Sustainability Act. To amend the Senate- 10/17/19 Federal Water Pollution Control Act to establish a program to make grants to Referred to Committee S.2636 Sen. Ben Cardin (D-MD) Watch NYC eligible entities to increase the resilience of publicly owned treatment works on Environment and to natural hazards,and for other purposes. Public Works House- 10/17/19 Referred to Committees on Transportation and SMART Infrastructure Act. To waive certain procurement provisions for a Infrastructure,Science, H.R.4687 Rep. Harley Rouda (D-CA) Watch NYC project that receives funds from certain Federal agencies. Space, and Technology, Agriculture,and Energy and Commerce National Infrastructure Investment Corporation Act of 2019. To establish a House-10/23/19 Government corporation to provide loans and loan guarantees for Referred to H.R.4780 Rep.Salud Carbajal (D-CA) Watch NYC infrastructure projects, and for other purposes. Subcommittee on Highways and Transit Low-Income Water Customer Assistance Programs Act of 2019. To amend Senate- 10/23/19 the Safe Drinking Water Act and the Federal Water Pollution Control Act to Referred to Committee S.2687 Sen. Ben Cardin (D-MD) establish pilot programs to assist low-income households in maintaining on Environment and Watch NYC access to sanitation services and drinking water,and for other purposes. Public Works Updated June 19, 2020 OCSD Federal Bills of Interest ACTIONBILL E AUTHOR MMIARY LATEST OCSID POSITIONOTHER POSITIONS Assuring Quality Water Infrastructure Act. To amend the Safe Drinking Senate- 10/23/19 Water Act to establish a grant program for improving infrastructure asset Referred to Committee S.2674 Sen.Shelley Moore Capito(D-WV) Watch NYC management by small public water systems, and for other purposes. on Environment and Public Works A bill to amend the Federal Water Pollution Control Act to establish a pilot Senate- 10/31/19 competitive grant program for improving the sharing of water quality data, Referred to Committee S.2767 Sen. Doug Jones(D-AL) Watch NYC and for other purposes. on Environment and Public Works Disadvantaged Community Drinking Water Assistance Act.To require the House-2/12/20 Ordered Secretary of the Interior to establish a grant program to close gaps in access to be Reported H.R.5347 Rep.TJ Cox(D-CA) Watch NYC to safe drinking water in disadvantaged communities,and for other (Amended) by voice vote purposes. Discouraging Frivolous Lawsuits Act.To amend the Federal Water Pollution House-12/9/19 Control Act with respect to citizen suits and the specification of disposal Referred to H.R.5341 Rep.Tom Rice(R-SC) sites,and for other purposes. Subcommittee on Water Watch NYC Resources and Environment Affordable Safe Drinking Water Act of 2020.To amend the Federal Water Senate- 1/8/20 Referred Pollution Control Act and the Safe Drinking Water Act to modify the to Committee on S.3160 Sen. Elizabeth Warren (D-MA) Watch NYC payment periods of loans from State revolving funds under those Acts,and Environment and Public for other purposes. Works Protect and Restore America's Estuaries Act.A bill to amend the Federal Senate- 1/9/20 Referred Water Pollution Control Act to reauthorize the National Estuary Program, to Committee on S.3171 Sen.Sheldon Whitehouse(D-RI) Watch NYC and for other purposes. Environment and Public Works Blue Carbon for Our Planet Act.To establish an Interagency Working Group House-1/17/20 on Coastal Blue Carbon,and for other purposes. Referred to H.R.SS89 Rep.Suzanne Bonamici (D-OR) Subcommittee on Watch NYC Water,Oceans,and Wildlife Updated June 19, 2020 OCSD Federal Bills of Interest Encouraging the Environmental Protection Agency to maintain and House-1/14/20 strengthen requirements under the Clean Water Act and reverse ongoing Referred to H. Res.797 Rep. Debbie Dingell (D-MI) administrative actions to weaken this landmark law and protections for Subcommittee on Water Watch NYC United States waters. Resources and Environment Prevent Future American Sickness Act of 2020. Senate-1/28/20 To require the Administrator of the Environmental Protection Agency to Referred to Committee S.3227 Sen. Bernie Sanders(I-VT) designate per-and polyfluoroalkyl substances as hazardous substances on Environment and Watch NYC under the Comprehensive Environmental Response, Compensation,and Public Works Liability Act of 1980,and for other purposes. Endangered Species Transparency and Reasonableness Act of 2020.To House-1/31/20 amend the Endangered Species Act of 1973 to require publication on the Referred to H.R.5694 Rep.Tom McClintock(R-CA) internet of the basis for determinations that species are endangered species Subcommittee on Watch NYC or threatened species, and for other purposes. Water,Oceans, and Wildlife MICRO Plastics Act of 2020.A bill to establish a microplastics pilot program, Senate-2/13/20 5.3306 Sen.Jeff Merkley(D-MA) and for other purposes. Referred to Committee Watch NYC on Environment and Public Works MICRO Plastics Act of 2020.A bill to establish a microplastics pilot program, House-2/14/20 and for other purposes. Referred to H.R.5902 Rep. Brian Mast(R-FL) Subcommittee on Water Watch NYC Resources and Environment Break Free From Plastic Pollution Act of 2020.To amend the Solid Waste House-2/12/20 Disposal Act to reduce the production and use of certain single-use plastic Referred to products and packaging,to improve the responsibility of producers in the Subcommittee on Water H.R.5845 Rep.Alan Lowenthal (D-CA) design,collection, reuse, recycling, and disposal of their consumer products Resources and Watch CASA supports and packaging,to prevent pollution from consumer products and packaging Environment from entering into animal and human food chains and waterways, and for other purposes. Updated June 19, 2020 OCSD Federal Bills of Interest ACTIONBILL LATEST OCSD POSITION • Break Free From Plastic Pollution Act of 2020.To amend the Solid Waste Senate-6/17/20 Disposal Act to reduce the production and use of certain single-use plastic Full Committee hearings products and packaging,to improve the responsibility of producers in the held S.3944 Sen.Tom Udall (D-NM) design,collection, reuse, recycling, and disposal of their consumer products Watch CASA supports and packaging,to prevent pollution from consumer products and packaging from entering into animal and human food chains and waterways, and for other purposes. To amend the Federal Water Pollution Control Act to establish a House-2/12/20 decentralized wastewater grant program,and for other purposes. Referred to H.R.5856 Rep.Terri Sewell (D-AL) Subcommittee on Water Watch NYC Resources and Environment A bill to amend the Federal Water Pollution Control Act to establish a Senate-2/11/20 decentralized wastewater grant program,and for other purposes. Referred to Environment S.3274 Sen.Cory Booker(D-NJ) Watch NYC and Public Works National Defense Authorization Act of 2021.Authorizes appropriations for House-6/23/20 fiscal year 2021 for military activities of the Department of Defense and for Subcommittee hearings H.R.6395 Rep.Adam Smith (D-WA) Watch NYC military construction,to prescribe military personnel strengths for such fiscal held year,and for other purposes. CARES Act.Amends the Internal Revenue Code of 1986 to repeal the excise House-3/27/20 Became H.R.748 Rep.Joe Courtney(D-CT) tax on high cost employer-sponsored health coverage. Public Law No: 116-136. Watch NYC Emergency Water is a Human Right Act. Prohibits water shutoffs during the House-4/20/20 COVID-19 emergency period, provide drinking and waste water assistance to Referred to H.R.6552 Rep. Rashida Tlaib (D-MI) households,and for other purposes. Subcommittee on Water Watch NYC Resources and Environment America's Water Infrastructure Act of 2020. Provides for improvements to Senate-5/11/20 the rivers and harbors of the United States,to provide for the conservation Reported out of S.3591 Sen.John Barrasso(R-WY) and development of water and related resources,to provide for water Committee on Watch NYC pollution control activities,and for other purposes. Environment and Public Works Updated June 19, 2020 OCSD Federal Bills of Interest ACTIONBILL MUTHOR E LATEST OCSD POSITIONOTHER POSITIONS Drinking Water Infrastructure Act of 2020. Amends the Safe Drinking Water Senate-5/11/20 Act to reauthorize certain provisions,and for other purposes. Reported out of S.3590 Sen.John Barrasso(R-WY) Committee on Watch NYC Environment and Public Works The HEROES Act. Making emergency supplemental appropriations for the House- 5/15/20 Passed H.R.6800 Rep. Nita Lowey(D-NY) fiscal year ending September 30, 2020,and for other purposes. House by 208-199; Watch NYC Referred to Senate A bill to provide financial assistance for projects to address certain Senate-5/21/20 subsidence impacts in the State of California,and for other purposes. Referred to the S.3811 Sen. Dianne Feinstein (D-CA) Watch NYC Committee on Energy and Natural Resources To amend the Social Security Act to include special districts in the House-6/1/20 Referred coronavirus relief fund,to direct the Secretary to include special districts to Committee on as an eligible issuer under the Municipal Liquidity Facility,and for other Oversight and Reform, H.R.7073 Rep.John Garamendi(D-CA) Watch NYC purposes. and in addition to the Committee on Financial Services, Updated June 19, 2020 OCSD Federal Bills of Interest ACTIONBILL M WIMMARY LATEST OCSD POSITIONOTHER POSITIONS Break Free From Plastic Pollution Act of 2020.Amends the Solid Waste Senate-6/11/20 Disposal Act to reduce the production and use of certain single-use plastic Referred to Committee products and packaging,to improve the responsibility of producers in the on Environment and S.3944 Sen.Tom Udall (D-NM) design,collection, reuse, recycling, and disposal of their consumer products Public Works Watch NYC and packaging,to prevent pollution from consumer products and packaging from entering into animal and human food chains and waterways, and for other purposes. National Defense Authorization Act of 2021.To authorize appropriations Senate-6/11/20 for fiscal year 2021 for military activities of the Department of Defense,for Reported out of S.XXXX Sen.James Inhofe(R-OK) military construction, and for defense activities of the Department of Energy, Committee on Armed Watch NYC to prescribe military personnel strengths for such fiscal year, and for other Services 25-2 purposes. Moving Forward Act.To authorize federal funds to support transportation, House-6/22/20 energy,water,environment and green infrastructure, resiliency and disaster Referred to Committee H.R.2 Rep. Peter DeFazio(D-OR) Watch NYC mitigation, housing, healthcare, and broadband infrastructure activities,and on Rules for other purposes. 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 June 19, 2020 T %C)" WNSEND P U B L I C A F F A I R S EST TPA 1998 To: Orange County Sanitation District From: Townsend Public Affairs, Inc. Date: June 22, 2020 Subject: Legislative and Public Affairs Agenda Report State Legislative Update In May, both the Assembly and Senate returned to the Capitol for legislative business and to continue their work on the State budget. The Assembly reconvened from recess on May 4, while the Senate reconvened on May 11. May 29 was the last day for policy committees to refer fiscal bills to the Appropriations Committee. There were approximately 300 bills pending before the Assembly Appropriations Committee and nearly 60 bills pending in the Senate Appropriations Committee before Committee's considered their lists of bills during the first week of June. Furthermore, on May 14, Governor Newsom released the May Revise to his January Budget proposal. The May Revise included significant spending reductions due to decreased state revenue as a result of the COVID-19 pandemic. Total state budget spending from the Governor is now proposed to be $203 billion, down from $222 billion in January. On the day of the June 15 budget deadline, the Legislature passed a Budget to fulfill their constitutional obligations. However, due to the COVID-19 pandemic and the vast effects it has had on the State economy, the Budget that was passed and sent to the Governor had not been negotiated with the Administration as is typical in normal Budget years. Instead, the Legislature and the Governor are continuing their negotiations past the June 15 deadline and will announce the details of a Budget deal shortly. The Governor has also been holding daily press conferences to address immediate issues such as the ongoing COVID-19 pandemic and protests throughout the State due to the recent death of George Floyd. On May 30, the Governor declared a state of emergency in Los Angeles County and approved the request for Los Angeles to deploy members of the national guard to assist the city, county, and the surrounding areas. Below are the upcoming tentative dates for the Legislature. June 22 —26: Senate Floor session only June 25: Last day for a legislative ballot measure to qualify for the November General Election June 26: Last day for each house to pass bills introduced in that house Governor's COVID-19 Action Summary Below is a summary of the major COVID-19 actions taken by the State Administration in May: • June 18: Mandatory mask order. Governor Newsom issues a mandatory mask or face covering while in public or high-risk settings, including shopping, taking public transit, or seeking medical care. • June 15: CaIWORKS eligibility, extended real estate deadlines. Governor Newsom issued an executive order that extends waivers temporarily broadening the capability of counties to enroll persons into the California Work Opportunity and Responsibility to Kids (CaIWORKs) program. The order also extends deadlines related to the payment of real estate license application and renewal fees and continuing education requirements for licensees. • June 5: Sanitizer production. Governor Newsom issued an executive order that allows the temporary manufacture of over-the-counter drugs and medical devices by firms not currently licensed by the California Department of Public Health. • May 29: Rent Eviction, DMV, Childcare. Governor Newsom issued an executive order extending authorization for local governments to halt evictions for renters impacted by the COVID-19 pandemic, through July 28. The order also extends the waiver permitting the Department of Motor Vehicles to allow for mail-in renewals of driver's licenses and identification cards, and waives certain programmatic and administrative requirements that restrict child care and afterschool programs from serving children of essential infrastructure workers. • May 22: Contact Tracing. Governor Newsom launched "California Connected", the state's comprehensive contact tracing program and public awareness campaign. • May 12: Testing. Governor Newsom announced that more than 1 million diagnostic tests for the virus have been conducted statewide. • May 8: November Election. Governor Newsom signed an executive order that requires each county's elections officials to send vote-by-mail ballots for the November 3, 2020 General Election to all registered voters. • May 7: Phase 2. Governor Newsom modified the stay-at-home order by issuing industry guidance that allows certain businesses to begin reopening with modifications that reduce risk and establish a safer environment for workers and customers. • May 6: Property Taxes. Governor Newsom issued an executive order that waives penalties on property taxes for residents and small businesses experiencing economic hardship based on COVID-19 and extending the deadline for filing property tax statements. June 2020 Report 2 Summary of Re-Opening California On April 14, the Governor released six indicators to be considered in order to move forward with re-opening the State. The six indicators for modifying the stay-at-home order are: 1. The ability to monitor and protect our communities through testing, contact tracing, isolating, and supporting those who are positive or exposed; 2. The ability to prevent infection in people who are at risk for more severe COVID-19; 3. The ability of the hospital and health systems to handle surges; 4. The ability to develop therapeutics to meet the demand; 5. The ability for businesses, schools, and childcare facilities to support physical distancing; and 6. The ability to determine when to reinstitute certain measures, such as the stay-at-home orders, if necessary. In late April, the Governor then laid out four stages to re-open the State. Those four states to re- open California are: Stage 1: Individuals stay at home unless they are a member of the essential workforce. Stage 2: Lower risk workplaces re-open, including: • Non-essential manufacturing (toys, furniture, clothing, etc.) • Schools • Childcare facilities • Retail businesses for curbside pick-up • Offices where working remote is not possible, but can be modified to make the environment safer for employees Stage 3: Higher risk workplaces re-open, which require close proximity to other people, including: • Hair salons • Nail salons • Gyms • Movie theaters • Sporting events without live audiences • In-person religious services (churches and weddings) Stage 4: Ending the stay-at-home order, which would allow for the re-opening of: • Concert venues • Convention centers • Sporting events with live audiences �� June 2020 Report 3 In June, most of the State's counties are currently in the early and mid-part of Stage 3. However, if the State continues to see an increase in the number of cases, the Governor could enact the stay-at-home order again with few modifications. May Revise Summary On May 14, Governor Newsom released the May Revise of his FY 2020-21 State budget. The May Revise represents a dramatic change from the Governor's January Budget, as it reflects the impact of the coronavirus pandemic on the State's economy, as well as the increased demand for many State services. The full impact of the pandemic has led to a projected budget deficit of $54 billion, with an out-year structural deficit of approximately $45 billion per year. This deficit has materialized in the last three months, as the State has seen a 22.3% reduction in state revenues generated from sales tax, personal income tax, and corporate taxes. In response, Governor Newsom has proposed a budget that addresses the short fall through a mix of budget cuts, revenue generating measures, internal borrowing, accessing of state reserves, and increased resources from the federal government. The May Revise budget proposal contains $133.9 billion in General Fund spending. This represents a reduction in General Fund spending of$12.5 billion, or a 9.4% decrease, from the current budget year. The budget proposal addresses the projected $54.3 billion budget deficit by utilizing the following strategies: • Cancelled Expansions and Other Reductions ($8.4 billion) • Reserves ($8.8 billion) • Borrowing/Transfers/Deferrals ($10.4 billion) • New Revenues ($4.4 billion) • Federal Funds ($8.3 billion) • Triggered Spending Reductions ($14.0 billion) The May Revise incorporates significant funding in the current year, as well as in the upcoming budget year, for response to the coronavirus. The May Revise contains $1.8 billion in funding for the current year to reflect activities that have been undertaken, which will largely be funded with funding received from the federal government. The May Revise also estimates that the Proposition 98 guarantee will decline by $19 billion over what was projected in January. The May Revise proposes to mitigate these losses through a mix of solutions, including revenue generation (which will increase the overall amount of Proposition 98 funding), the use of federal funds, and revising CaIPERS/CaISTRS contributions. C) June 2020 Report 4 Priority Legislation AB 1672 (Bloom) — Solid waste: nonwoven disposable products (OCSD Supports) AB 1672 would require, commencing January 1, 2021, certain nonwoven disposal products to be labeled clearly and conspicuously to communicate that they should not be flushed. The bill would prohibit a covered entity, as defined, from making a representation about the flushable attributes, benefits, performance, or efficacy of those nonwoven disposal products. Action Taken: A letter of support signed by Chairman Shawver on April 2, 2019. AB 1672 is currently in the Senate Rules Committee waiting to be assigned to policy committees. AB 2762 (Muratsuchi) — Cosmetics: Safety(OCSD Supports) AB 2762 would prohibit a person or entity from manufacturing, selling, delivering, holding, or offering for sale, in commerce any cosmetic product that contains any of several specified intentionally added ingredients, including certain strains of PFAS/PFOA. Action Taken: A letter of support signed by Chairman Shawver on June 5, 2020 was submitted. AB 2762 is currently in the Senate Rules Committee waiting to be assigned to policy committees. AB 3163 (Salas) — Energy: biomethane:procurement (OCSD Supports) AB 3163 would define "biomethane" as methane produced from an organic waste feedstock, rather than biogas, that meets specified standards and is either produced from the anaerobic decomposition of organic material or produced from the non-combustion thermal conversion of specified materials. This would allow greater uses for the byproducts produced by OCSD facilities. Action Taken: A letter of support signed by Chairman Shawver on June 8, 2020 was submitted to Assemblyman Salas' Office. AB 3163 is currently in the Senate Rules Committee waiting to be assigned to policy committees. C) June 2020 Report 5 Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea June 5, 2020 Buena Park The Honorable Al Muratsuchi Cypress California State Assembly State Capitol Fountain Valley Room 2179 Fullerton Sacramento, CA 94249-0050 Garden Grove Re:Support AB 2762(Muratsuchi)—Cosmetics: safety Huntington Beach Dear Assemblymember Muratsuchi: Irvine On behalf of the Orange County Sanitation District(OCSD), I am writing in support of AB 2762,which La Habra would expand the definition of adulterated cosmetics to include those that have per- and La Palma polyfluoroalkyl substances (PFAS) as ingredients. Los Alamitos OCSD is a public agency that provides wastewater collection, treatment, and recycling for Newport Beach approximately 2.6 million people in central and northwest Orange County. OCSD is a special district that is governed by a 25-member Board of Directors comprised of 20 cities, four special districts, Orange and one representative from the Orange County Board of Supervisors. OCSD has two operating Placentia facilities that treat wastewater from residential, commercial, and industrial sources. Santa Ana OCSD receives and treats over 185 million gallons of wastewater per day.The treated water is either sent to the Orange County Water District for advanced water purification and re-use or is sent to Seal Beach the ocean through an ocean outfall,which is carefully managed by OCSD. Stanton OCSD has always been a good steward of public health and strives to protect the environment.Toxic Tustin substances, such as those found in cosmetic products, that enter the wastewater stream through Villa Park domestic or residential sources are among the most difficult for OCSD to regulate and control.OCSD must rely heavily on public outreach and consumer product regulations to keep these chemicals County of Orange from domestic or residential sources out of the wastewater stream. Costa Mesa Sanitary District AB 2762 would help reduce the amount of toxic substances, including PFAS, in the wastewater Midway City influent that OCSD receives. For the above reasons, OCSD is pleased to support AB 2762. Sanitary District Irvine Ranch Sincerely, Water District YorbWater Linda /(�,,,� � W/ �aA , Water District �t v o�NtH SANIT David John Shawver gTTOy o Board Chairman 2 9 cc: Orange County Legislative Delegation .9 �• California Association of Sanitation Agencies oT�cr/�N THE ENv\Po��� Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling Serving. Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Anaheim 714.962.2411 1 www.ocsd.com Brea June 8, 2020 Buena Park The Honorable Rudy Salas Cypress California State Assembly State Capitol Fountain Valley Room 4016 Fullerton Sacramento, CA 94249-0050 Garden Grove Re: Support AB 3163(Salas)—Energy: biomethane: procurement Huntington Beach Dear Assemblymember Salas: Irvine On behalf of the Orange County Sanitation District (OCSD), I am writing in support of AB 3163 La Habra which would expand the definition of biomethane to include methane produced from the non- La Palma combustion thermal conversion of certain organic materials. Los Alamitos OCSD is a public agency that provides wastewater collection, treatment, and recycling for approximately 2.6 million people in central and northwest Orange County. OCSD is a special Newport Beach district that is governed by a 25-member Board of Directors comprised of 20 cities, four special Orange districts, and one representative from the Orange County Board of Supervisors. OCSD has two operating facilities that treat wastewater from residential, commercial and industrial sources. Placentia Santa Ana The breakdown of organic waste in landfills releases methane into the atmosphere, which is damaging short-lived climate pollutant. However, as part of the wastewater treatment process, Seal Beach OCSD produces biogas by the anaerobic digestion process of sludge. OCSD has always been a Stanton steward of public health and strives to find environmentally conscious methods to use biogas as a renewable energy. Tustin Specifically, AB 3163 would redefine biomethane to include methane produced from organic Villa Park waste feedstock including sludge and food waste digestion.This change would allow this product County of Orange to be eligible for gas utility procurement, expanding its value to OCSD. Costa Mesa For the above reasons, OCSD is pleased to support AB 3163. Sanitary District Midway City Sincerely, Sanitary District Irvine Ranch Water District Yorba Linda Water District David John Shawver t� SANITgT 'oyo Board Chairman cc: Orange County Legislative Delegation California Association of Sanitation Agencies 9orFcr/N� THE ENV\e`o���2 Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling OCSD State Bills of Interest SUMMARY D DWER WOSITION POSITIONS PriorityProposed Legislation 2020-2021 High AB 69 Ting [D] Land use: accessory dwelling units. Current law requires the Two Year Bill Watch Legislative and Regulatory ACCOC - NYC Department of Housing and Community Development to propose Policies: Special Districts - LOCC -Watch building standards to the California Building Standards Commission, and 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. AB 291 Chu Emergency preparedness Would establish a Local Emergency Currently in the Senate Watch State Priorities: Secure ACCOC - NYC Preparedness and Hazard Mitigation Fund to support staffing, planning, Rules Committee funding through grants and LOCC -Watch and other emergency mitigation priorities to help local governments meet waiting to be assigned to legislation for infrastructure, CASA- NYC emergency management, preparedness, readiness, and resilience goals. policy committees 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 Two Year Bill - Currently Watch Legislative and Regulatory ACCOC - NYC law requires the State Water Resources Control Board, on or before in the Inactive File 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 BILL AUTHOR SUMMARY LATEST ACTION OCSD • . OTHER . POSITIONS AB 352 E. Garcia [D] Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Two Year Bill Watch Legislative and Regulatory ACCOC-Watch Flood Protection Bond Act of 2020. Would enact the Wildfire Policies: Grant Funding - LOCC -Watch Prevention, Safe Drinking Water, Drought Preparation, and Flood Support legislation, bonds, CASA-Watch Protection Bond Act of 2020, which, if approved by the voters, would programs and projects that ACWA-Watch authorize the issuance of bonds in the amount of$3,920,000,000 provide funding for: CSDA-Watch 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 841 Ting [D] Drinking water: contaminants: perfluoroalkyl and polyfluoroalkyl Two Year Bill Watch Legislative and Regulatory LOCC -Watch substances. Would require the Office of Environmental Health Hazard Policies: Source Control - Assessment to adopt and complete a work plan within prescribed Support legislation and timeframes to assess which substances in the class of perfluoroalkyl and funding mechanisms that polyfluoroalkyl substances should be identified as a potential risk to reduce the amount of trash, 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 Currently in the Senate Watch Legislative and Regulatory CASA-Watch Ralph M. Brown Act does not apply to the posting, commenting, liking, Rules Committee Policies: Special Districts - interaction with, or participation in, internet-based social media platforms waiting to be assigned to Oppose further state that are ephemeral, live, or static, by a majority of the members of a policy committees regulations that adversely legislative body, provided that a majority of the members do not discuss impact special district 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 POSITIONSMo AUTHOR SUMMARY LATEST ACTION OCSD LEGISLATIVE PLAN OTHER POSITION AB 1080 Gonzalez [D] California Circular Economy and Plastic Pollution Reduction Act Two Year Bill - Currently Watch State Priorities: Support ACWA-Watch Would establish the California Circular Economy and Plastic Pollution in the Inactive File legislation or regulations that Reduction Act, which would require the Department of Resources restrict the use of Recycling and Recovery, in consultation with the State Water Resources microplastics in any product Control Board and the Ocean Protection Council, to adopt, on or before that is disposed of through January 1, 2023, regulations to achieve, by 2030, a 75% reduction by the sewer system.❑ 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 1484 Grayson [D] Mitigation Fee Act: housing developments. This bill would prohibit a Currently in the Senate Watch Legislative and Regulatory CSDA-Watch local agency from imposing a housing impact requirement adopted by Rules Committee Policies: Special Districts - the local agency on a housing development project, as defined, unless waiting to be assigned to Oppose further state specified requirements are satisfied by the local agency, including that policy committees regulations that adversely the housing impact requirement be roughly proportional in both nature impact special district and extent to the impact created by the housing development project. financing, operations, and administration. AB 1672 Bloom [D] Solid waste: flushable products The California Integrated Waste Currently in the Senate Support Legislative and Regulatory ACCOC - NYC Management Act of 1989, administered by the Department of Resources Rules Committee Policies: Source Control - LOCC -Watch Recycling and Recovery, generally regulates the disposal, management, waiting to be assigned to Support legislation that CASA- Sponsor and recycling of solid waste. This bill would, among other things, on or policy committees 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. AB 1751 Chiu [D] Water and sewer system corporations: consolidation of service. Two Year Bill Watch Legislative and Regulatory ACCOC - NYC This bill, the Consolidation for Safe Drinking Water Act of 2019, would Policies: Special Districts - LOCC - NYC authorize a water or sewer system corporation to file an application and Oppose further state CASA- NYC obtain approval from the commission through an order authorizing the regulations that adversely ACWA- NYC water or sewer system corporation to consolidate with a public water impact special district CSDA- NYC system or state small water system that has fewer than 3,300 service financing, operations, and connections and serves a disadvantaged community, or to implement administration. rates for the subsumed water system. OCSD State Bills of Interest im 1"9[010 AB 1924 Grayson [D] Housing development: fees Would require that a fee levied or imposed Dead MrWatcLegislative and Regulatory ACCOC - NYC on a housing development project by a local agency be proportionate to Policies: Special Districts - LOCC - NYC the square footage of the proposed unit or units. Oppose further state CASA- NYC regulations that adversely ACWA- NYC impact special district CSDA- NYC financing, operations, and administration. AB 1945 Salas [D] Emergency services: first responders Would, for purposes of the Currently in the Senate Watch Legislative and Regulatory ACCOC - NYC California Emergency Services Act, define "first responder" as an Rules Committee Policies: Special Districts - LOCC -Watch employee of the state or a local public agency who provides emergency waiting to be assigned to Oppose further state CASA-Watch response services, including a peace officer, firefighter, paramedic, policy committees regulations that adversely ACWA-Watch emergency medical technician, public safety dispatcher, public safety impact special district CSDA-Watch telecommunicator, emergency response communication employee, financing, operations, and rescue service personnel, or emergency manager. Does not explicitly administration. include water or wastewater personnel. AB 2093 Gloria [D] Public records: writing transmitted by electronic mail: retention Dead Watch Legislative and Regulatory ACCOC - NYC Would, unless a longer retention period is required by statute or Policies: Special Districts - LOCC - Oppose regulation, require a public agency for purposes of the California Public 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 2107 Rodriguez [D] Local government: securitized limited obligation notes Current law, Currently in the Senate Watch Legislative and Regulatory ACCOC - NYC until December 31, 2019, authorizes a special district to issue, as Rules Committee Policies: Special Districts - LOCC -Watch specified, securitized limited obligation notes for the acquisition or awaiting assignment to Oppose further state CASA- NYC improvement of land, facilities, or equipment. This bill would extend that policy Committees regulations that adversely ACWA- NYC authorization to December 31, 2024. impact special district CSDA-Support financing, operations, and administration. AB 2182 Rubio [D] Emergency backup generators: water and wastewater facilities: Dead Watch Guiding Principles: Oppose ACCOC - NYC exemption Would exempt the operation of an alternative power source, redundant regulatory and LOCC -Watch as defined, to provide power to a critical facility, as defined, from any legislative requirements that CASA-Watch local, regional, or state regulation regarding the operation of that source. cause undue constraints on ACWA-Watch The bill would authorize providers of essential public services, in lieu of efficient operations. CSDA-Support compliance with applicable legal requirements, to comply with the maintenance and testing procedure set forth in the National Fire Protection Association Standard for Emergency and Standby Power System, NFPA 110, for alternative power sources designated by the providers for the support of critical facilities. OCSD State Bills of Interest k AB 2364 Rubio [D] Municipal separate storm sewer systems: financial capability Dead Watch Legislative and Regulatory ACCOC - NYC analysis Would require the State Water Resources Control Board, by Policies: Water Quality and LOCC -Watch July 1, 2021, to establish financial capability assessment guidelines for Supply-Support measures CASA-Watch municipal separate storm sewer system permittees that are adequate that promote and provide for ACWA-Watch and consistent when considering the costs to local jurisdictions. The bill the use of reclaimed water. CSDA-Watch would require the state board and the regional boards to continue using available regulatory tools and other approaches to foster collaboration with permittees to implement permit requirements in light of the costs of implementation. AB 2560 Water quality: notification and response levels: procedures The Currently in the Senate Watch State Priorities: Monitor ACCOC - NYC California Safe Drinking Water Act requires the State Water Resources Rules Committee state legislation as well as LOCC -Watch Control Board to adopt drinking water standards for contaminants in waiting to be assigned to State Water Resources CASA-Watch drinking water based upon specified criteria and requires any person who policy committees Control Board (SWRCB) ACWA-Watch owns a public water system to ensure that the system, among other regulatory activity related to CSDA-Watch things, complies with those drinking water standards. The act requires a PFAS. public water system to provide prescribed notices within 30 days after it is first informed of a confirmed detection of a contaminant found in drinking water delivered by the public water system for human consumption that is in excess of a maximum contaminant level, a notification level, or a response level established by the state board. This bill would require the state board to comply with specified public notice and comment procedures when establishing or revising notification or response levels. AB 2612 Maienschein [D] Greenhouse Gas Reduction Fund: recycling: appropriation Would, Currently in the Watch Guiding Principles: Seek ACCOC - NYC beginning in the 2020-21 fiscal year, would continuously appropriate Assembly Natural funds for OCSD projects LOCC - Support $100,000,000 from the Greenhouse Gas Reduction Fund annually to the Resources Committee through grants, CASA-Support Department of Resources Recycling and Recovery for in-state organic appropriations, or other ACWA-Watch waste recycling projects that reduce greenhouse gas emissions and means. CSDA-Watch achieve certain organic waste disposal goals, as specified. The bill, beginning in the 2020-21 fiscal year, would also continuously appropriate $100,000,000 from the fund annually to the department for in- state recycling projects that reduce greenhouse gas emissions and help achieve a specified state policy relating to solid waste, as specified. AB 2762 Muratsuchi [D] Cosmetics: safety. The Sherman Food, Drug, and Cosmetic Law Currently in the Senate Watch State Priorities: Monitor ACCOC - NYC prohibits the manufacture, sale, delivery, holding, or offer for sale of Rules Committee state legislation as well as LOCC - NYC adulterated cosmetics, and prescribes when a cosmetic is adulterated, waiting to be assigned to State Water Resources CASA- Support including when it bears or contains a poisonous or deleterious substance policy committees Control Board (SWRCB) ACWA- NYC that may render it injurious to users when used as directed in the regulatory activity related to CSDA- NYC cosmetic's labeling or advertising or under customary or usual PFAS. conditions. Provisions of this law are enforced by the State Department of Public Health. This bill would, commencing January 1, 2025, prohibit a person or entity from manufacturing, selling, delivering, holding, or offering for sale, in commerce any cosmetic product that contains any of several specified intentionally added ingredients, except under specified circumstances. OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD • . OTHER . POSITIONS AB 2943 Ting [D] Surplus property: disposal Current law prescribes requirements for the Dead Watch Legislative and Regulatory ACCOC- NYC disposal of surplus land, as defined, by a local agency, as defined. Policies: Special Districts - LOCC -Watch Current law requires land to be declared surplus land or exempt surplus Oppose further state CASA-Watch land, as supported by written findings, before a local agency takes any regulations that adversely ACWA-Watch action to dispose of it consistent with the agency's policies or impact special district CSDA-Watch procedures. This bill would provide that the provisions regulating the financing, operations, and disposal of surplus land shall not be construed to require a local agency administration. to dispose of land that is determined to be surplus. AB 3147 Gabriel [D] Fees for development projects Would require a judicial action or Dead Watch Legislative and Regulatory ACCOC - NYC proceeding to be conducted in accordance with other procedures that, Policies: Special Districts - LOCC -Watch among other things, require a protest to be filed within 90 days after the Oppose further state CASA-Watch imposition of the fees and an action to attack, review, set aside, void, or regulations that adversely ACWA-Watch annul the imposition of the fees to be filed within 180 days after delivery impact special district CSDA-Oppose of a specified notice by the local agency. The bill would require revenues financing, operations, and in excess of actual cost to be used to reimburse the payor of the fee or administration. service charge. AB 3163 Salas [D] Energy: biomethane: procurement. Current law requires the Public Currently in the Senate Watch Legislative and Regulatory ACCOC - NYC Utilities Commission, in consultation with the State Air Resources Board, Rules Committee Policies: Biosolids and LOCC -Watch to consider adopting specific biomethane procurement targets or goals waiting to be assigned to Biogas -Support streamlined CASA- Support for each gas corporation so that each gas corporation procures a policy committees legislation, regulations and ACWA- NYC proportionate share, as determined by the commission, of biomethane policies that encourage the CSDA-Watch annually, as specified. Current law defines "biomethane"for that purpose procurement of biogas, as biogas that meets specified standards adopted by the commission for biosolids, and compost. injection into a common carrier pipeline. This bill would instead define "biomethane"for that purpose as methane produced from an organic waste feedstock, rather than biogas, that meets those specified standards and is either produced from the anaerobic decomposition of organic material or produced from the noncombustion thermal conversion of specified materials. AB 3256 Garcia [D] Climate risks: bond measure The California Drought, Water, Parks, Passed the Assembly Watch Guiding Principles: Seek ACCOC - NYC Climate, Coastal Protection, and Outdoor Access For All Act of 2018, Appropriations funds for OCSD projects LOCC -Watch approved by the voters as Proposition 68 at the June 5, 2018, statewide Committee and sent through grants, CASA-Watch direct primary election, authorizes the issuance of bonds in the amount back to the Assembly appropriations, or other ACWA-Watch of$4,000,000,000 pursuant to the State General Obligation Bond Law to Rules Committee means. CSDA-Watch finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. This bill would state the intent of the Legislature to enact a bond measure that would address climate risks to the State of California. OCSD State Bills of Interest POSITIONBILL AUTHOR SUMMARY LATEST ACTION OCSD LEGISLATIVE PLAN OTHER 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 667 Hueso [D] Greenhouse gases: recycling infrastructure and facilities. Would Two Year Bill Watch Legislative and Regulatory ACCOC - NYC require the Department of Resources Recycling and Recovery to Policies: Biosolids and LOCC - Support develop, on or before January 1, 2021, and would authorize the Biogas -Support the CASA- Support department to amend, a 5-year investment strategy to drive innovation promotion and funding of ACWA- NYC and support technological development and infrastructure, in order to 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. SB 931 Wieckowski [D] Local government meetings: agenda and documents This bill would Dead Oppose Legislative and Regulatory ACCOC - NYC require, if the local agency has an internet website, a legislative body or Policies: Special Districts - LOCC - Oppose its designee to email a copy of, or website link to, the agenda or a copy Oppose further state CASA- Oppose of all the documents constituting the agenda packet if the person regulations that adversely ACWA- Oppose requests that the items be delivered by email. The bill would require, impact special district CSDA-Oppose where the local agency determines it is technologically infeasible to send financing, operations, and a copy of all documents constituting the agenda packet or a website link administration. containing the documents by electronic mail or by other electronic means, the legislative body or its designee to send by electronic mail a copy of the agenda or a website link to the agenda and mail a copy of all other documents constituting the agenda packet in accordance with the mailing requirements. OCSD State Bills of Interest POSITIONBILL AUTHOR SUMMARY LATEST ACTION OCSD LEGISLATIVE PLAN OTHER MEMIMM SB 996 Portantino [D] State Water Resources Control Board: Constituents of Emerging Dead Watch State Priorities: Monitor ACCOC - NYC Concern Program Would require the State Water Resources Control state legislation as well as LOCC -Watch Board to establish, maintain, and direct an ongoing, dedicated program State Water Resources CASA-Watch called the Constituents of Emerging Concern Program to assess the Control Board (SWRCB) ACWA-Watch state of information and recommend areas for further study on regulatory activity related to CSDA-Watch constituents of emerging concern in drinking water that may pose risks to PFAS. public health. The bill would require the state board to establish the Stakeholder Advisory Group and, by an unspecified date, the Science Advisory Panel, both as prescribed, to assist in the gathering and development of information for the program, among other functions. The bill would require the program to provide opportunities for public participation, including conducting stakeholder meetings and workshops to solicit relevant information and feedback for development and implementation of the program. SB 1044 Allen [D] Firefighting equipment and foam: PFAS chemicals. Would, Currently on the Senate Watch State Priorities: Monitor ACCOC - NYC commencing January 1, 2022, require any person, including a Floor state legislation as well as LOCC -Watch manufacturer, as defined, that sells firefighter personal protective State Water Resources CASA-Watch equipment to any person or public entity to provide a written notice to the Control Board (SWRCB) ACWA-Watch purchaser at the time of sale if the firefighter personal protective regulatory activity related to CSDA-Support equipment contains perfluoroalkyl and polyfluoroalkyl substances PFAS. (PFAS), and would provide that a violation of this requirement is punishable by a specified civil penalty. The bill would require the seller and the purchaser to retain the notice on file for at least 3 years and to furnish the notice and associated sales documentation to the State Fire Marshal within 60 days upon request, as provided. SB 1052 Hertzberg [D] Water quality: municipal wastewater agencies Would establish Dead Watch Legislative and Regulatory ACCOC - NYC municipal wastewater agencies and would authorize a municipal Policies: Water Quality and LOCC - NYC wastewater agency, among other things, to enter into agreements with Supply- Support measures CASA- Sponsor entities responsible for stormwater management for the purpose of that promote and provide for ACWA-Watch managing stormwater and dry weather runoff, to acquire, construct, the use of reclaimed water. CSDA- Support expand, operate, maintain, and provide facilities for specified purposes relating to managing stormwater and dry weather runoff, and to levy taxes, fees, and charges consistent with the municipal wastewater agency's existing authority in order to fund projects undertaken pursuant to the bill. OCSD State Bills of Interest POSITIONBILL AUTHOR SUMMARY LATEST ACTION OCSD LEGISLATIVE PLAN OTHER SB 1056 Portantino [D] Drinking water: testing: perfluoroalkyl and polyfluoroalkyl Dead Watch State Priorities: Monitor ACCOC - NYC substances. Would require the State Water Resources Control Board, state legislation as well as LOCC -Watch on or before January 1, 2022, to certify a methodology or methodologies State Water Resources CASA-Watch for testing drinking water, groundwater, and surface water for Control Board (SWRCB) ACWA-Watch perfluoroalkyl and polyfluoroalkyl substances, as provided, and to regulatory activity related to CSDA-Watch accredit qualified laboratories in California to analyze perfluoroalkyl and PFAS. polyfluoroalkyl substances pursuant to the adopted methodology or methodologies. SB 1099 Dodd [D] Emergency backup generators: critical facilities: exemption Would, Currently on the Senate Watch Guiding Principles: Oppose ACCOC - NYC consistent with federal law, require air districts to adopt a rule, or revise Floor redundant regulatory and LOCC -Watch its existing rules, to allow critical facilities with a permitted emergency legislative requirements that CASA-Watch backup generator to use that emergency backup generator during a cause undue constraints on ACWA-Watch deenergization event or other loss of power, and to test and maintain that efficient operations. CSDA-Support emergency backup generator, as specified, without having that usage, testing, or maintenance count toward that emergency backup generator's time limitation on actual usage and routine testing and maintenance. The bill would prohibit air districts from imposing a fee on the issuance or renewal of a permit issued for those critical facility emergency backup generators. OCSD State Bills of Interest POSITIONSBILL AUTHOR SUMMARY LATEST ACTION OCSI) LEGISLATIVE PLAN OTHER POSITION SB 1159 Hill [D] Workers' compensation: COVID-19: critical workers. Would, until an Currently on the Senate Watch Legislative and Regulatory ACCOC- NYC unspecified date, define "injury"for a critical worker, as specified, to Floor Policies: Human Resources LOCC -Watch include illness or death that results from exposure to coronavirus disease -Support measures to reform CASA-Watch 2019 (COVID-19) under specified circumstances. The bill would create a current workers ACWA-Watch disputable presumption, as specified, that an injury that develops or compensation formulas that CSDA-Watch manifests itself while a critical worker is employed arose out of and in the rely on a proportionate course of the employment. exposure formula. SB 1352 Hueso [D] Gas corporations: renewable gas procurement Would require the Dead Watch Legislative and Regulatory ACCOC - NYC Public Utilities Commission to establish a renewable gas, as defined, Policies: Biosolids and LOCC -Watch procurement program that requires each gas corporation to procure Biogas -Support streamlined CASA-Watch renewable gas in an amount so that, by January 1, 2030, at least 20 legislation, regulations and ACWA- NYC percent of the total volume of gas delivered to core customers in policies that encourage the CSDA- NYC California by that gas corporation is renewable gas. The bill would procurement of biogas, require the commission, in designing and implementing the program, to biosolids, and compost. ensure that the renewable gas procurement program is a cost-effective means to achieve forecast reductions in emissions of short-lived climate pollutants pursuant to specified laws and that the program complies with all applicable state and federal laws. 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 MD's Grant and Loan Funding Tracker 2019-2020 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 g g y Financing YIN STATE The Organics Grant Program is part of California Climate Investments,a statewide program that puts billions of cap- and-trade dollars to work reducing greenhouse gas emissions,strengthening the economy,and improving public health and the environment-particularly in Food-Waste Co-Digestion facility disadvantaged and/or low-income communities. The Cap- at Plant No.2 in Huntington and-Trade program also creates a financial incentive for $16,112,753($13,312,753 is available for fiscal We will review the possible funding Organics Grant Program industries to invest in clean technologies and develop Beach r accept d)to re-50 wet No.We did not g g g' p year(FY)2018-19,and$3 million is available $3 million Yes opportunity to determine if it is a fit for TBD 11/21/2019 Energy/Recycling tons per day source of pre- qualify for the grant innovative ways to reduce pollution. California Climate for fiscal year(FY)2019-20) processed source separated the Sanitation District. Investments projects include affordable housing,renewable energy,public transportation,zero-emission vehicles, organics. environmental restoration,more sustainable agriculture, recycling,and much more. At least 35 percent of these investments are made in disadvantaged and low-income communities. The Proposition 1 IRWM Grant Program,administered by TPA and OCSD are monitoring the DW R,provides funding for projects that help meet the long grant program development from the term water needs of the state,including: Santa Ana Watershed Project Integrated Regional Water Management Authority(SAWPA).Currently,there is NA.Will return in 2021 (IRWM)Grant Program Assisting water infrastructure systems adapt to climate $3,000,000.00 per grant award NA No NA not an opportunity or a match for us to 50 for Round 2 Water No change; apply for this grant oppotunity.TPA Providing incentives throughout each watershed to and OCSD will continue to watch this collaborate in managing the region's water resources and setting regional priorities for water infrastructure and other matches. urn FEDERAL The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally TBD We are waiting The Sanitation District applied for The Water Infrastructure Improvements Final Expansion authorized or are eligible under section 4009(c)of the Reclamation is making up to$20 million $20mm or 25%of to hear back on this Act(WIIN) WIIN Act to request cost-shared funding for planning, available for those projects authorized under $3 million Yes Headworks(P2 GWRS Headw -122) will helpp to to Segregation project that bring more water to the Project costs 6/28/2019 Water/Infrastructure grant and anticipate design and/or construction of those Projects.Water the W IIN Act. whichever is less. to receive notice by reclamation and reuse projects provide improved GWRS. Summer 2020 efficiency,flexibility during water shortages and diversifies the water supply. USEPA is authorized to provide grants assistance of public TBD.We will monitor for possible Stormwater and CSO Grant Program agencies to control stormwater flows and CSO's.Funding Funding cost-share is not identified in the law TBD funding opportunities TBD FY 2020-$28 million Yes Anticipate by July 2020 Water/Infrastructure TBD through state awards. Project Funding Opportunity: Energy production to reduce Through the WaterSmart program,USBR will costs of recycled water through innovative technologies. The Department of Energy(DOE), The DOE's Office of Energy Efficiency is likely to continue issue solicitations for innovative approaches to TBD.We will monitor for possible Innovative water monitoring We will review the possible funding USBR and USEPA to be funded by Congress to support such efforts as managing water and water treatment through TBD funding opportunities technology that can produce opportunity to determine if it is a fit for N/A TBD Energy/Water/Infrastructure TBD biogas,biosolids and green energy. technology and processes for FY 2020-$60 efficient real time monitoring the Sanitation District. million and data analysis,Biogas Management and Use Improvements. Updated 6/19/2020 MD's Grant and Loan Funding Tracker 2019-2020 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 g g y Financing YIN The goal of this funding opportunity is to increase use of AD to manage food waste. We will not be applying for this grant Another goal is to support the as after further research we do not feel The Environmental Protection Agency development of new AD Supporting Anerobic Digestion in Communities. $300,000 $300,000 No we will be qualified as there is an No 7/14/2020 Energy/Recycling Nlo (EPA) infrastructure in the U.S.EPA is educational component that we do not interested in funding projects that increase anaerobic meet digestion capacity in the United States. 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 and Mass Timber Competition CalGovOps repeatable mass timber solutions for commercial $40,000 Yes Headquarters Building Applied No 03/18/19 Environment Yes and multi-family projects in California.The competition is being hosted by GovOps and administered by WoodWorks—Wood Products Council. Updated 6/19/2020 .�.1 S A N 1 Tq Q o � Presented By : THE Eric Sapirstein ENS Resources, Inc . u lY 13, 2020 • • Key Activeities Itu" qP • Passed House/pending in Senate — $3Trillion Package • Provides assistance to local governments • Tax credits for mandatory paid leave • Ratepayer assistance • Pay for essential workers • Federal Reserve assistance to purchase bonds Infrastructure Assistance • House passes Moving Forward Act, H.R. z • $4o billion Clean Water SRF, si Billion Water Recycling • Restoration of Build America Bonds, Advanced Refunding of Bonds, Water and Wastewater provides Private Activity Bonds State Volume Cap Exemption • Rep. Rouda secures new grants program for smart water technologies with OCSD support r- Fiscal Uwns JY&a - • • • • • House on track to approve all spending bills by August 1 • USEPA spending decisions reflect H.R. 2 funding, providing s8 billion for clean water SRF, $400 million for stormwater controls and; • Interior spending for water smart (water recycling) provides $300 million Paget Questions i� Page 3 T WNSEND PUBLIC AFFAIRS EST T PA 1998 TH TPA Presentation to: WWW.TOWNSENDPA.COM Orange County Sanitation SACRAMENTO • WASHINGTON, DC NORTHERN CALIFORNIA • CENTRAL CALIFORNIA • SOUTHERN CALIFORNIA 2020 Agenda Updated Legislative Schedule FY 2020-20201 State Budget State COVID-19 Response Legislative Update — Priority Legislation Slide 2 Updated Legislative Schedule Updated Legislative Schedule • Legislature delayed their return from Summer Recess due to members contracting COVID-19 • Legislative session ends August 31 — Constitutional requirement • July 31 is currently the last day for policy committees to pass fiscal bills • Over 2700 were considered in 2020. Approximately 1600 left SACR- y r 01111- WaIr 1411 Slide FY 2020 =20201 State Budget FY 2020-2021 Sta Budget In January 2020, Governor Newsom introduced his January Budget Proposal worth $222.2 billion — The proposal assumed record revenues, contributed to the largest savings account in State history, and invested in early childhood education, emergency response, and affordable housing • Due to the COVID-19 pandemic, a fluctuating stockmarket, and statewide stay at home orders, California's tax receipts plummeted V, • • The Governor's May Revise Proposal assumed a $54 billion shortfall in revenues �'• O • Proposed a wide variety of budget deferrals, spending cuts, and using reserves FY 2020-2021 State Budget Continued • Legislature passed a Budget by June 15 to fulfill their constitutional deadline • Negotiations over Budget details continued with the Administration after the Budget bill was passed • The final budget deal was worth $202. 1 billion Summary of Solutions (Dollars in Billions) Category 2020 Budget Act 1 Reserves S8.8 2 Borrovving/Transfers;,Deferrals 9.3 3 Revenues 4.4 4 Federal Funds 10.1 5 Cancelled Expansions. Updated Assumptions. and Other 10.6 6 Trigger Reductions:Additional Deferrals 11.1 Total $54.3 CARES Act Money • The enacted Budget deal included $500 million for cities from the State's allocation of funds from the federal CARES Act — $225 million for cities with populations between 300,000 and 500,000 — $275 million for cities with populations under 300,000 — Minimum of $50,000 per city • Cities with populations over 500,000 are not receiving any of this money because they received their allocations directly from the Federal government • The money will be funneled through the 58 counties • The Treasury Department has released comprehensive guidelines on eligible uses for the money • Most importantly, as of now, the money cannot be used for revenue reimbursement State COVID =19 Response State • VID- 19 Respo lb- Manor recent Executive Orders: • July 1 — Second stay at home order • June 30 — Eviction moratorium • June 18 — Mandatory mask order • June 5 — Personal Protective Equipment (PPE) Summary of Re-Opening California: • Most of California was in the early stages of Phase 3 of re-opening prior to the second stay at home order on July 1 • It is expected that the second stay at home order will last at least a couple of weeks • After the second stay at home order expires, Phase 3 of the re-opening is expected to resume with modifications Legislative Update - Priority Legislation Legislative Update shows, • Legislative leadership requested that Members significantly limit their legislative packages as the Legislature slowly resumes activity • Leadership and the Administration has made it clear that they would like to focus on COVID- 19 response, housing/homelessness, and wildfire response and resilience • Most other policy topics have been pushed until the next legislative session AB 1672 ( Bloom ) Wipes • CASA and stakeholders have been negotiating with the industry for the past several months i • "DO NOT FLUSH" labeling and a universal moniker required in accordance with widely accepted voluntary guidelines established by the Association of the Nonwoven Fabrics Industry's code of practice New amendments include refining the scope of covered products, and a manufacturer driven comprehensive statewide consumer education and outreach campaign AB 1672 will be heard in the Senate Environmental Quality Committee on July 21 Additional Priority Legislation AB 2560 (Quirk) — public notice and comment review period for notification and response levels for contaminants Status: Heard in the Senate E.Q. Committee July 21 SIB 931 (Wieckowski) — would require that local agencies email meeting agendas and agenda packets to members of the public upon request (OCSD Oppose) Status: Dead SIB 996 (Portantino) — require the State Board to create a Constituents of Emerging Concern Program (Program) Status: Dead SIB 1056 (Portantino) — require the State Board to certify a methodology for testing all types of water for PFAS/PFOA Status: Dead Additional Priority Legislation kh- AB 2762 (Muratsuchi) — would prohibit a person or entity from manufacturing, selling, delivering, holding, or offering for sale, in commerce any cosmetic product that contains any of several specified intentionally added ingredients, including certain strains of PFAS/PFOA. Status: Heard in the Senate E.Q. Committee July 21 AB 3163 (Salas) — would define "biomethane" as methane produced from an organic waste feedstock. This would allow greater uses for the byproducts produced by OCSD facilities. Status: Currently in the Senate Energy, Utilities, and Communications Committee O JNj S A N 1 rq TL n O o A T10" W N S E N D PUBL , AF , AIR _. -10 9oTF e��2 EST TPA 1998 cl/N THE ENPO Thank Cori Williams Eric O'Donnell Southern California Senior Director Senior Associate CWilliams@townsendpa.com EODonnell@townsendpa.com www.townsendQa.com www.townsendQa.com 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 #: 2020-1176 Agenda Date: 7/22/2020 Agenda Item No: 19. FROM: James D. Herberg, General Manager SUBJECT: JOINT POWERS AGREEMENT, SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (SCCWRP) GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Adopt Resolution No. OCSD 20-04 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Tenth Amended Joint Powers Agreement confirming the creation of the agency known as Southern California Coastal Water Research Project Authority (SCCWRP), providing for continuation of SCCWRP for five years from July 1, 2021 through June 30, 2026"; and B. Approve annual funding in the amount of $515,000 for FY 2021/22; $530,450 for FY 2022/23; $546,363 for FY 2023/24; $562,754 for FY 2024/25; and $579,637 for FY 2025/26. BACKGROUND The Southern California Coastal Water Research Project Authority (SCCWRP) is a research institute formed in 1969 as a Joint Powers agency (JPA). The JPA agreement results from the signatory agencies, the Orange County Sanitation District (Sanitation District), the City of Los Angeles, the City of San Diego, and the County Sanitation Districts of Los Angeles County, pooling resources to address the scientific understanding of linkages among human activities, natural events, and the health of the Southern California coastal environment. This Agreement provides for the continuation of SCCWRP, a public entity separate and apart from the Signatories. The item is being brought forward now due to the necessary approvals and signature compilations of each agency. RELEVANT STANDARDS • Maintain collaborative and cooperative relationships with regulators, resource recovery and watershed agencies • Leverage resources through cooperative projects with regional agencies in marine monitoring and improvements in environmental analysis Orange County Sanitation District Page 1 of 2 Printed on 7/15/2020 powered by LegistarTM File #: 2020-1176 Agenda Date: 7/22/2020 Agenda Item No: 19. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District would cease to be a member of SCCWRP and no longer be a participant in coordinated regional studies, benefit directly from SCCWRP research studies, and would no longer have direct access to open discussions with regulatory staff. PRIOR COMMITTEE/BOARD ACTIONS April 2016 - Approve Resolution No. OCSD 16-06, Ninth Amended Joint Powers Agreement confirming the creation of an agency known as Southern California Coastal Water Research Project Authority. ADDITIONAL INFORMATION The Sanitation District is a founding member of SCCWRP and has held continuous membership since its inception. SCCWRP membership provides three major benefits to the Sanitation District: 1) SCCWRP is an unbiased regional provider for research focused on areas of concern of its members agencies and the environmental community at large, 2) SCCWRP coordinates regional studies and inter-agency collaborations for its members, such as the quinquennial Bight projects, and 3) SCCWRP provides a forum where regulators and the regulated community can engage in open and productive dialog to address areas of concern or compliance issues, involving current and future permit requirements to achieve the goals of both agencies. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Resolution No. OCSD 20-04 • SCCWRP Tenth Amended Joint Powers Agreement Orange County Sanitation District Page 2 of 2 Printed on 7/15/2020 powered by LegistarTM RESOLUTION NO. OCSD 20-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING THE TENTH AMENDED JOINT POWERS AGREEMENT CONFIRMING THE CREATION OF AN AGENCY KNOWN AS SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (SCCWRP), PROVIDING FOR CONTINUATION OF SCCWRP FOR FOUR YEARS FROM JULY 1, 2021 THROUGH JUNE 30, 2026 The Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1: That certain Tenth Amended Joint Powers Agreement Confirming the Creation of an Agency Known as Southern California Coastal Water Research Project Authority (SCCWRP), dated July 1, 2021, by and between Orange County Sanitation District and the City of Los Angeles, County Sanitation District No. 2 of Los Angeles County, and the City of San Diego, providing for continuation of SCCWRP for a five-year period from July 1 , 2021 through June 30, 2026, is hereby approved and accepted. Section 2: That payment of the District's proportional share of the contribution by the signatory agencies, in a total amount not to exceed $1,850,000, is hereby approved, as follows: FY 2021-2022 $ 515,000 FY 2022-2023 $ 530,450 FY 2023-2024 $ 546,363 FY 2024-2025 $ 562,754 FY 2025-2026 $ 579,637 Section 3: That the Chair and Clerk of the Board of the Orange County Sanitation District are hereby authorized and directed to execute said Agreement in a form approved by the General Counsel. OCSD 20-04-1 PASSED AND ADOPTED at a regular meeting of the Board of Directors held July 22, 2020. David John Shawver Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board OCSD 20-04-2 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 20-04 was passed and adopted at a regular meeting of said Board on the 22nd day of July 2020, 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 22nd day of July 2020. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OCSD 20-04-3 TENTH AMENDED JOINT POWERS AGREEMENT CONFIRMING THE CREATION OF AN AGENCY KNOWN AS SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY This Amended Joint Powers Agreement which confirms the creation of an agency known as SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY , commonly known as SCCWRP, is made and entered into effective the first day of July, 2021, by and between the City of Los Angeles, a municipal corporation("Los Angeles"), the Orange County Sanitation District, a special district("Orange County District"), the City of San Diego, a municipal corporation("San Diego") and County Sanitation District No. 2 of Los Angeles County, a special district ("Los Angeles County District"), hereinafter "Signatories" (collectively) or "Signatory" (individually). WHEREAS, the Signatories entered into a Ninth Amended Joint Powers Agreement confirming the creation of an agency known as Southern California Coastal Water Research Project Authority, effective July 1, 2017; WHEREAS, it is the desire of the Signatories to provide for the continuation of SCCWRP pursuant to this Tenth Amended Joint Powers Agreement("Agreement"): NOW, THEREFORE, the Signatories hereto do agree as follows: 1. PURPOSE This Agreement provides for the continuation of a public entity separate and apart from the Signatories to this Agreement to administer this Agreement, the purpose of which is to enhance the scientific foundation for management of Southern California's ocean and associated coastal watershed resources. 2. CREATION OF SCCWRP Pursuant to Article 1, Chapter 5, Division 7, Title 1 Government Code (Sections 6500 et seq.), the parties hereby confirm the existence of an agency as a public entity, separate and apart from the Signatories to this Agreement to be known as SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (hereinafter "SCCWRP"). Such agency shall, through the Commission referred to below, administer and execute this Agreement. 1 3. ORGANIZATION SCCWRP shall be governed by a ten-member Commission composed of representatives of public bodies with accountability for water quality management and aquatic protection in the Southern California Bight as follows: (a) Associate Director, Water Division, U.S. Environmental Protection Agency, Region IX; (b) Deputy Director, Division of Water Quality, California State Water Resources Control Board; (c) Executive Officer, Regional Water Quality Control Board- Los Angeles Region; (d) Executive Officer, Regional Water Quality Control Board- Santa Ana Region; (e) Executive Officer, Regional Water Quality Control Board - San Diego Region; (f) Director, Bureau of Sanitation, City of Los Angeles; (g) Chief Engineer and General Manager, County Sanitation District No. 2 of Los Angeles County; (h) General Manager, Orange County Sanitation District; (i) Director of Public Utilities, City of San Diego; and (j) Ocean Protection Council Executive Director/Deputy Secretary for Ocean and Coastal Policy, California Natural Resources Agency. The Commission shall meet at least four times each calendar year and at such other appropriate intervals as are necessary to conduct the business of SCCWRP. All such meetings shall be subject to the Ralph M. Brown Act, commencing with Section 54950 of the Government Code of the State of California. Five members shall constitute a quorum and a simple majority vote of that quorum shall be required for action to be taken. A staff designee may be appointed as an alternate by the person holding the offices set forth above and shall act as a member of the Commission in place of such officer during his or her absence, inability or refusal to act and shall serve indefinitely at the pleasure of the appointing officer and until a successor is appointed, or until such designee dies,becomes incapacitated or resigns. Such designation shall be in writing and shall be delivered to the Executive Director at the offices of SCCWRP. Upon the concurrence of two-thirds vote of the members of the Commission,public bodies of the Commission may designate a new permanent representative. 2 The Commission shall, at its first meeting and thereafter at its first meeting following July 1 of each succeeding year, elect a Chair and Vice-Chair from among its members. The Vice -Chair shall assume the responsibilities of the Chair in the absence of the Chair and the Chair's alternate. The Commission members shall serve for a term identical to the term of this Agreement, and such term shall be extended automatically as the Agreement is extended. The Commission members shall not be entitled to compensation for attendance or expenses. Administrative and purchasing policies and procedures shall be established by the Commission and shall comply with the law of the State of California. The debts, liabilities and obligations of SCCWRP shall not constitute the debts, liabilities or obligations of any of the Commission members or members of any Advisory Board of SCCWRP. Such debts, liabilities or obligations shall only be those of SCCWRP. Upon the concurrence of two-thirds vote of the members of the Commission, other public agencies having a power common to the Signatories may be added as parties to this Agreement and each such party shall acknowledge its agreement to the terms hereof by executing this Agreement upon authorization of its governing Board. Such additional agency or agencies shall have responsibilities identical to those of the Signatories as set forth in paragraph 4 hereof, and the Chief Executive Officer thereof, together with his or her designee, shall be a member and alternate member of the Commission with those powers conferred upon the Signatories. The financial contribution required of such additional agency or agencies shall be determined by a majority of the Commission members representing the Signatories. 4. COMMISSION RESPONSIBILITIES The responsibilities of the Commission shall include, but not be limited to, the following: (a) Establishing and appointing members of advisory boards, committees, other like groups and consultants as it deems appropriate to further the purposes of this Agreement; (b) Hiring an Executive Director and establishing his or her responsibilities in addition to those detailed herein. Two-thirds vote of the members of the Commission shall be required for hiring the Executive Director; (c) Overseeing development and approving SCCWRP's Research Plan; (d) Approving the SCCWRP's Annual Operating Budget, recognizing that the contributions of the Signatories shall be as provided in Section 8 hereof and taking into account other projected sources of income; 3 (e) Reviewing and approving, on an annual basis, the salaries and benefits for the Executive Director and other staff. Two-thirds vote of the members of the Commission including two-thirds of the signatories shall be required for adoption; (f) Conducting a performance review of the Executive Director on an annual basis; (g) Reviewing the financial status of SCCWRP; (h) Establishing objectives, priorities,policies, guidelines, and other such responsibilities as may be appropriate from time to time; and (i) Taking such further action as it deems appropriate to carry out the purposes of this Agreement. 5. ASSOCIATE COMMISSION MEMBERS Associate Commission members attend and participate fully in Commission meetings, and are entitled to one-quarter vote. Associate Commission members shall have responsibilities identical to those of the Signatories as set forth in Section 4 above. Upon execution of the attached Associate Commission Member Agreement, SCCWRP's Associate Commission members shall be composed of representatives of public bodies with accountability for water quality management and aquatic protection as follows: Ventura County Watershed Protection District; Los Angeles County Flood Control District; County of Orange; and County of San Diego. Upon concurrence of two-thirds vote of the members of the Commission, other public agencies having a power common to the Signatories may be invited to become Associate Commission Members of the agency. Each party shall acknowledge its agreement to the terms set forth in an associate Commission member agreement. Thereupon the Chief Executive Officer thereof, or substitute representative pursuant to Section 3, or his or her designee as an alternate, shall serve as members of the Commission. 6. ADVISORY BOARDS The Commission may from time to time appoint one or more advisory boards to assist in carrying out the objectives of SCCWRP. The Commission shall determine the purpose and need for such board(s) and the necessary qualifications for individuals appointed to the board(s). 4 Each member of the advisory board(s) shall be entitled to compensation for his or her consulting services as established by the Commission from time to time. In addition, each member of the advisory board(s) shall be entitled to reimbursement for actual expenses reasonably and necessarily incurred, as well as travel and per diem expenses in an amount or at a rate established from time to time by the Commission. 7. EXECUTIVE DIRECTOR The Commission shall appoint an Executive Director under whose general supervision and control SCCWRP shall be conducted. In accordance with paragraph 4(b) the Executive Director shall be appointed by the Commission and shall serve at the pleasure of the Commission. The Executive Director's compensation shall be set at a level that adequately takes into consideration factors including,but not limited to, the proficiency with which the agency is directed, the degree of satisfactory progress in completing the approved research plan, success in obtaining outside funding and success in managing SCCWRP's budget. 8. EXECUTIVE DIRECTOR'S RESPONSIBILITIES The Executive Director's responsibilities shall include, but not be limited to: (a) Developing recommended research priorities and objectives for consideration by the Commission and directing research programs; (b) Reviewing and editing reports and manuscripts produced by SCCWRP's scientific staff; (c) Managing day-to-day operations; (d) Managing the personnel activities of SCCWRP as is necessary to fulfill the purposes of this Agreement, subject to such periodic review and approval as the Commission deems appropriate; (e) Delegating such authority as is necessary to staff to insure the smooth operation of the organization: (f) Securing outside grants and other funding in support of SCCWRP's research objectives in accordance with the provisions of Section 9 regarding grants and contracts;; (g) Entering into agreements on behalf of SCCWRP in accordance with the policies and procedures governing purchases of supplies, equipment and services adopted from time to time by the Commission; (h) Providing reports to the Commission on the status of research in progress, Annual Operating Budgets (actual versus budgeted) and cash flow analysis; 5 (i) Having charge of handling and having access to any property of SCCWRP upon the filing of a fidelity bond in the amount of Fifty Thousand Dollars ($50,000); and 0) Acting as Secretary to SCCWRP until such time as the Commission appoints another person to this office. 9. FUNDING Each Signatory shall provide annual funding on July 1 of each year for SCCWRP during the term of this agreement according to the following schedule: FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 $515,000 $530,450 $546,363 $562,754 $579,637 Each Associate Commission member of the agency will be required to provide annual funding on July 1 of each year according to the following schedule: FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 $128,750 $132,613 $136,591 $140,689 $144,909 The fiscal year(FY) is defined as being from July 1 of the current calendar year to and including June 30 of the following calendar year. As a condition to the addition of any public agency as party to this Agreement pursuant to paragraph 3 hereof, the public agencies which are then signatories to this Agreement may,by a vote of their Commission representatives, modify the funding set forth above in a manner which takes into account the financial needs of SCCWRP, provided that funding of any existing signatory shall not exceed that set forth above. In such event, all new and existing Signatories, through their Commission representatives, shall execute a supplement to this Agreement entitled Supplement To Funding Pursuant to Paragraph 9 and shall attach it to this Agreement. It is further agreed that SCCWRP, through its Executive Director, shall use its best efforts in procuring sources of income other than contributions from the Signatories. Such sources include, but are not limited to, income from grants or contracts from federal and state agencies. Grants and contracts may be entered into by the Executive Director, or Deputy Director in his/her absence, to the limit of One Hundred Thousand Dollars ($100,000)per individual agreement and any grant or contract in excess of said sum but no more than Two Hundred and Fifty Thousand Dollars ($250,000)may be entered into by the Executive Director, or Deputy Director in his/her absence,provided it is approved by the Chair of the Commission prior to acceptance and execution by the Executive Director or Deputy Director. Any grant or contract in excess of Two Hundred and Fifty Thousand Dollars ($250,000) shall require the prior express approval of the Commission, or by the Chair of the Commission should an emergency action be required prior to the next Commission meeting. 6 The Commission shall yearly, on or before June 30, adopt and issue an estimated Annual Operating Budget that projects the funds necessary to maintain and operate SCCWRP for the forthcoming fiscal year being from July 1 of the current calendar year to and including June 30 of the following calendar year. The Budget shall, among other things, contain a statement of anticipated outside sources of revenue and shall not exceed the sum of the total contributions by the signatories, as hereinabove provided, plus the outside revenue. In the event that any Signatory is unable or unwilling to pay to SCCWRP the funding attributable to it for the upcoming fiscal year as set forth above, then such Signatory shall notify in writing each of the other Signatories and SCCWRP of its inability no later than February 1. Such Signatory shall thereupon be deemed to have withdrawn from this Agreement and SCCWRP created hereby, effective as of July 1 of such year. SCCWRP shall continue in effect and all provisions hereof shall be binding except that the maximum net funds which may be requested of the Signatories shall not be increased above the individual agency contributions set forth above, unless otherwise agreed to by all of the remaining Signatories. In the absence of such notification, each Signatory shall be deemed to have consented to such expenditure and the amount thereof shall, on July 1, become an enforceable obligation of each Signatory to the extent permitted by law. Nothing in this Agreement shall preclude a Signatory from advancing all or a portion of its contribution to SCCWRP. None of the Signatories to this Agreement shall be entitled by virtue of withdrawal to receive any payment of money or share of assets of SCCWRP except as may be agreed upon by the remaining Signatories. 10. TERM AND TERMINATION This Amended Joint Powers Agreement shall remain in full force and effect from July 1, 2021 through June 30, 2026 inclusive. In the event that any Signatory chooses to withdraw from SCCWRP, then such Signatory shall notify in writing each of the other Signatories and SCCWRP of its decision, no later than February 1. Such Signatory shall thereupon be deemed to have withdrawn from this Agreement and SCCWRP created hereby effective as of June 30 of such year. SCCWRP shall continue in effect and all provisions hereof shall be binding upon and inure to the benefit of the remaining Signatories. In the event that any non-Signatory agency of the Commission chooses to withdraw from SCCWRP, then such Commission agency shall notify SCCWRP of its decision in writing at least thirty(30) days prior to the date of anticipated withdrawal. Such Commission agency shall be thereupon deemed withdrawn from participation on the date specified in this notice provided such notice is given at least 30 days prior to the anticipated withdrawal and SCCWRP. SCCWRP shall continue in effect and be governed by the remaining Commission members. 7 11. SCOPE AND CONDUCT OF SCCWRP The scope of SCCWRP's research work shall be reviewed and approved annually by the Commission, which shall seek the advice and counsel of the Executive Director and any other outside advisors deemed necessary or appropriate. The mechanism for review shall be a working research plan, revised annually or as otherwise necessary as determined by the Commission, stating the overall goals and objectives and including an outline of the known current and anticipated future year's research, staffing and funding necessary to successfully achieve the research objectives of this Agreement. The Commission shall, from time to time, but not less than once each year, submit a report to the governing bodies of each of the Signatories of this Agreement that shall include,but not be limited to, a summary of research accomplishments during the past year, discussion of research in progress and a financial statement. 12. AGENCIES OF SCCWRP The Executive Director is hereby appointed the Treasurer of SCCWRP and shall be responsible for the disposition of the funds of SCCWRP. The Executive Director is also appointed Auditor of SCCWRP. The Treasurer and Auditor shall make such reports and cause such audits of the accounts and records of SCCWRP to be made as are required by law. The Commission shall employ such legal counsel as it determines shall best serve the interests of SCCWRP. SCCWRP shall be strictly accountable for all funds and shall report all receipts and disbursements. The manner of exercising the common power provided for herein shall be subject to the restrictions on the manner of exercising such power of the Los Angeles County District. 13. ACCOUNTING SCCWRP shall establish and maintain such funds and accounts as may be required by good accounting practice. The Treasurer of SCCWRP shall have custody of the funds of SCCWRP and disbursement shall be made by the Treasurer in accordance with applicable procedures. Any earnings on the funds of SCCWRP shall be credited to and be a part of the funds of SCCWRP. The fiscal year of SCCWRP shall begin on the first day of July of each year and shall end on the thirtieth day of June of the following. 8 The Auditor shall contract with an independent certified public accountant to make an annual audit of the account and records of SCCWRP. A report thereof shall be filed as a public record with each of the Signatories and also with the County Auditor of the Counties of Los Angeles, Orange and San Diego. Such report shall also be filed with the Secretary of the State of California and shall be filed within twelve (12) months of the end of the fiscal year under such examination. The cost of the audit shall be a debt of SCCWRP. 14. POWERS AND DUTIES OF SCCWRP SCCWRP shall and is hereby authorized in its own name to do all things necessary and desirable (subject to the limitations provided in this Agreement) to carry out the purposes of this Agreement, including, but not limited to, the following: (a) To make and enter into contracts; (b) To employ agents and employees; (c) To acquire, construct, manage, maintain or operate any buildings, works or improvements; (d) To acquire, hold or dispose of property; (e) To incur debts, liabilities and obligations which shall not constitute the debts, liabilities or obligations of any of the Signatories or any of the Commission members; and (f) To sue and be sued in its own name. 15. DISPOSITION OF PROPERTY AND SURPLUS FUND At the termination of this Agreement, any and all property, funds, assets and interests therein of SCCWRP shall become the property of and be distributed to such of the Signatories as are then members of SCCWRP, or their successors, in the same proportion as the then Signatories, or their successors, have contributed to the total cost of the agency. 16. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability,workers compensation and other benefits which apply to the activities of officers, agents or employees of any of the public agencies which are signatory to this Agreement when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extra-territorially under the provisions of this Agreement. 9 17. MISCELLANEOUS The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. 18. SUCCESSORS This agreement shall be binding upon and shall inure to the benefit of the successors of the parties. 19. INDEMNIFICATION AND LIABILITY INSURANCE SCCWRP shall carry during the entire term of this Agreement, liability insurance coverage, naming all Signatories and others including Commission members as additional insured parties, in such kind and amounts as the Commission may from time to time determine to be appropriate. Such cost shall be a debt of SCCWRP. SCCWRP shall indemnify and hold harmless each Commission agency, its officers, agents, and employees, including each agency representative from and against all claims, demands or liability, including legal costs, arising out of or encountered in connection with this Agreement and the activities conducted hereunder and shall defend them and each of them against any claim, cause of action, liability, or damage resulting therefrom. 20. DISCLAIMER Approval of research work by the Commission is not intended in any way to bind, commit or unduly influence decisions of the Signatory or non-Signatory members of the Commission. The findings, conclusions and recommendations of SCCWRP shall not be construed necessarily as the position of any Signatory or non-Signatory member of the Commission. 21. COUNTERPART This Agreement may be signed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same agreement. IN WITNESS THEREOF, the parties have executed this Ninth Amended Agreement on the dates hereafter set forth. 10 CITY OF LOS ANGELES, DATED: a municipal corporation By: ATTEST: APPROVED AS TO FORM: By: 11 ORANGE COUNTY SANITATION DATED: DISTRICT, a special district By: James D. Herberg General Manager ATTEST: Kelly A. Lore Clerk of the Board APPROVED AS TO FORM: By: Bradley R. Hogin General Counsel [Signatures Continue] 12 CITY OF SAN DIEGO, DATED: a municipal corporation By: ATTEST: APPROVED AS TO FORM: By: 13 COUNTY SANITATION DISTRICT No. DATED: 2 OF LOS ANGELES COUNTY, a special district By: ATTEST: APPROVED AS TO FORM: By: (End of Signatures) 14 oJ�1V 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 #: 2020-1170 Agenda Date: 7/22/2020 Agenda Item No: CS-1 FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Victor Garcia vs. OCSD, Workers Compensation Appeals Board Case No. WC648C32852 BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS • Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Memorandum from General Counsel Orange County Sanitation District Page 1 of 1 Printed on 7/15/2020 powered by LegistarTM ;4 WOODRUFF, SPRADLIN 6 SMART 0555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626-7670 (714)558-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Board of Directors FROM: Bradley R. Hogin, Esq. General Counsel DATE: July 22, 2020 RE: Closed Session Items The Board of Directors desires to hold a closed session on July 22, 2020 for the purpose of conferring with its legal counsel regarding existing litigation to which the District is a party. The title of the case is Victor Garcia vs. OCSD, Workers Compensation Appeals Board Case No. WC648C32852. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1). Respect submitted, By. Bradley L. Hogin, G neral Counsel 1506589.1 oJ�V 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 #: 2020-1171 Agenda Date: 7/22/2020 Agenda Item No: CS-2 FROM: James D. Herberg, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(4) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Initiation of litigation regarding development fees and conditions at Project OCSD Headquarters Building: City of Fountain Valley BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS • Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Memo from General Counsel Orange County Sanitation District Page 1 of 1 Printed on 7/15/2020 powered by LegistarTM RITA WOODRUFF, SPRADLIN&SMART 555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626-7670 (714)558-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Board of Directors FROM: Bradley R. Hogin, Esq. General Counsel DATE: July 13, 2020 RE: Closed Session Items The Board of Directors desires to hold a closed session on July 22, 2020 for the purpose of conferring with its legal counsel regarding potential litigation. Based on existing facts and circumstances, the Board is deciding whether to initiate litigation against another party. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(4). The facts and circumstances are as follows: a dispute has arisen between the City of Fountain Valley and the District regarding fees and conditions that the City seeks to impose on the District's construction of a new headquarters building. In the view of the District, these fees and conditions are unlawful. Respectfully submitted, By Brad ey R. Hogi , General Counsel 1114541.2 OJN1V SAN'T4 T/2 Orange Count Sanitation District Administration Building a g y 10844 Ellis Avenue P Fountain Valley,CA 92708 BOARD OF DIRECTORS (714)593-7433 9orFCTNG THE ENV\e`O�g�2 Agenda Report File #: 2020-1172 Agenda Date: 7/22/2020 Agenda Item No: CS-3 FROM: James D. Herberg, General Manager SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(B)(1) RECOMMENDATION: Convene in Closed Session: Public Employee Performance Evaluation Number of Employees: 1 • General Manager BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS • Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Memo from General Counsel Orange County Sanitation District Page 1 of 1 Printed on 7/15/2020 powered by LegistarTM JIM WOODRUFF, SPRADLIN&SMART 555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626-7670 (714)558-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Board of Directors FROM: Bradley R. Hogin, Esq. General Counsel DATE: July 13, 2020 RE: Closed Session Items The Board of Directors desires to hold a closed session on July 22,2020 for the purpose of conferring for the evaluation of the District's General Manager. Said closed session will be held pursuant to authority of California Government Code Section 54957(b)(1). Respectfully submitted, By: ,,�,,G7 A"�- Brad14 R. Hogin, eneral Counsel 1474148.1 ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California LOS Level Of Service RFP Request For Proposal Water Agencies APWA American Public Works MGD Million Gallons Per Day RWQCB Regional Water Quality Association Control Board AQMD Air Quality Management MOU Memorandum of SARFPA Santa Ana River Flood District Understanding Protection Agency ASCE American Society of Civil NACWA National Association of Clean SARI Santa Ana River Engineers Water Agencies Interceptor BOD Biochemical Oxygen Demand NEPA National Environmental Policy SARWQCB Santa Ana Regional Water Act Quality Control Board California Air Resources Non-Governmental Santa Ana Watershed CARB Board NGOs Organizations SAWPA Project Authority CASA California Association of NPDES National Pollutant Discharge SCADA Supervisory Control And Sanitation Agencies Elimination System Data Acquisition National Water Research Southern California CCTV Closed Circuit Television NWRI Institute SCAP Alliance of Publicly Owned Treatment Works CEQA California Environmental O& M Operations&Maintenance SCAQMD South Coast Air Quality Quality Act Management District Capital Improvement Orange County Council of SOCWA South Orange County CIP Program OCCOG Governments Wastewater Authority CRWQCB California Regional Water OCHCA Orange County Health Care SRF Clean Water State Quality Control Board Agency Revolving Fund CWA Clean Water Act OCSD Orange County Sanitation SSMP Sewer System District Management Plan CWEA California Water Environment OCWD Orange County Water District SSO Sanitary Sewer Overflow Association EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources Control Board EMT Executive Management Team OSHA Occupational Safety and TDS Total Dissolved Solids Health Administration US Environmental Protection Professional EPA Agency PCSA Consultant/Construction TMDL Total Maximum Daily Load Services Agreement FOG Fats, Oils, and Grease PDSA Professional Design Services TSS Total Suspended Solids Agreement Per-and Polyfluoroalkyl Waste Discharge gpd gallons per day PFAS Substances WDR Requirements GWRS Groundwater Replenishment PFOA Perfluorooctanoic Acid WEF Water Environment System Federation Water Environment& ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Reuse Foundation IERP Integrated Emergency POTW Publicly Owned Treatment WIFIA Water Infrastructure Response Plan Works Finance and Innovation Act Water Infrastructure JPA Joint Powers Authority ppm parts per million WIIN Improvements for the Nation Act Local Agency Formation PSA Professional Services WRDA Water Resources LAFCO Commission I Agreement I Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS—A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS —The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD) — The amount of oxygen used when organic matter undergoes decomposition by microorganisms.Testing for BOD is done to assess the amount of organic matter in water. BIOGAS—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS—Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. CAPITAL IMPROVEMENT PROGRAM (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. COLIFORM BACTERIA—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. COLLECTIONS SYSTEM — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. CERTIFICATE OF PARTICIPATION (COP)—A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. CONTAMINANTS OF POTENTIAL CONCERN (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (D/T) —The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect"). GROUNDWATER REPLENISHMENT SYSTEM(GWRS)—Ajoint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and OCSD provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS)—Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) — A N-nitrosamine suspected cancer-causing agent. It has been found in the GWRS process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP(NBP)—An alliance of the NACWA and WEF,with advisory support from the EPA. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. PER-AND POLYFLUOROALKYL SUBSTANCES (PFAS) — A large group (over 6,000) of human-made compounds that are resistant to heat,water,and oil and used for a variety of applications including firefighting foam,stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS)and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression,thyroid effects, and other effects. PERFLUOROOCTANOIC ACID (PFOA) — An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants,food packaging, and cookware(Teflon). PERFLUOROOCTANESULFONIC ACID (PFOS)—A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents. PLUME—A visible or measurable concentration of discharge from a stationary source or fixed facility. PUBLICLY OWNED TREATMENT WORKS (POTW)—A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE—A regional brine line designed to convey 30 million gallons per day of non- reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal,after treatment. SANITARY SEWER—Separate sewer systems specifically for the carrying of domestic and industrial wastewater. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. SECONDARY TREATMENT — Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. SLUDGE—Untreated solid material created by the treatment of wastewater. TOTAL SUSPENDED SOLIDS(TSS)—The amount of solids floating and in suspension in wastewater. ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS TRICKLING FILTER—A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. URBAN RUNOFF—Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. WASTEWATER—Any water that enters the sanitary sewer. WATERSHED—A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.