HomeMy WebLinkAbout07-22-2015 Steering Committee Agenda Packet.pdf Orange County Sanitation District Wednesday, July 22, 2015
Regular Meeting of the 5:00 P.M.
Steering Committee _ Administration Building
Conference Rooms A R B
10844 Ellis Avenue
.+ Fountain Valley, CA 92708
" (714) 593-7433
AGENDA
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to speak,please complete a Speaker's Form and give it to the Clerk
of the Board. Speakers are requested to limit comments to three minutes.
REPORTS: The Committee Chair 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:
1. Approve Minutes of the June 24, 2015 Regular Steering Committee Meeting.
2. A. Award a Professional Consultant Services Agreement for Specification
No. CS-2015-678 to EEC Environmental for 2015 Internal Santa Ana
Watershed Project Authority Pretreatment Program Audit,for a total amount
not to exceed $95,040; and
B. Approve a contingency of$9,504 (10%).
NON-CONSENT ITEMS:
3. Recommend to the Board of Directors to:
Receive and File the General Managers FY 2014-2015 Year-End Work Plan
Update.
07/22J15 Steering Committee Agenda Page 1 of 3
INFORMATION ITEMS:
4. Classification & Compensation Studies - Comparison Agencies.
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the Board,
the Chair may convene the Board in closed session to consider matters of pending real estate
negotiations,pending or potentialliffgation,orpersonnel 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 as the Board takes final action
on any of these subjects, the minutes will reflect all required disclosures of information.
Convene in closed session.
(1) CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Number of Cases: 4
Klean Waters, Inc. v. Orange County Sanitation District, United States
District Court, Central District of California, Southern Division, Case No.
8:15-cv-00627-JVS-FFM
Alex Shaaban v. Orange County Sanitation District, Orange County
Superior Court, Case No. 30-2014-00714555
Kelly Ross v. Orange County Sanitation District, Orange County Superior
Court, Case No. 30-2014-00714553
Mark Boyd v. Orange County Sanitation District, Workers' Compensation
Appeals Board, Case No. ADJ6736337
(2) CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: Jim Herberg, Bob Ghirelli, Rich
Spencer, and Laura Maravilla
Unrepresented Employees: Managers Group
Reconvene in regular session.
07/22/15 Steering Committee Agenda Page 2 of 3
CONSIDERATION OF ACTION ON MATTERS CONSIDERED IN CLOSED SESSION,
IF ANY:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
ADJOURNMENT:
To the Steering Committee meeting scheduled for Wednesday, August 26, 2015, at
5:00 p.m.
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at(714)
593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and
the type of accommodation requested.
Acenda Postinc: 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.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to
the Clerk of the Board 14 days before the meeting.
Kelly A.Lore
Clerk of the Board
(714)593-7433
klore@ocsd.com
For any questions on the agenda, Committee members may contact staff at:
General Manager Jim Herberg (714)593-7110 iherber065locsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rahirelli(docsd.com
Director of Engineering Rob Thompson (714)593-7310 rthomosonraocsd.com
Director of Facility Support Services Nick Amontes (714)593-7210 namontes(rpocsd.com
Director of Finance and Lorenzo Tyner (714)593-7550 Itvner(alomd.com
Administrative Services
Director of Operations& Ed Torres (714)593-7080 etorres(aTocsd.cam
Maintenance
07/22/15 Steering Committee Agenda Page 3 of 3
ITEM NO. 1
MINUTES OF THE
STEERING COMMITTEE
Orange County Sanitation District
Wednesday, June 25, 2015 at 5:00 p.m.
A regular meeting of the Steering Committee of the Orange County Sanitation
District was called to order by Chair Beamish on Wednesday, June 25, 2015 at
5:05 p.m. in the Administration Building of the Orange County Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
Tom Beamish, Chair Jim Herberg, General Manager
John Nielsen, Vice-Chair Bob Ghirelli, Assistant General
Greg Sebourn, Operations Committee Manager
Chair Rob Thompson, Director of
Keith Curry, Member-At-Large Engineering
David Shawver, Member-At-Large Lorenzo Tyner, Director of Finance &
Administrative Services
COMMITTEE MEMBERS ABSENT: Ed Torres, Director of Operations &
John Withers, Administration Maintenance
Committee Chair Nick Arhontes, Director of Facility
Steve Jones, Member-At-Large Support Services
Kelly A. Lore, Clerk of the Board
Chad Crow
Al Garcia
Rebecca Long
Richard Spencer
OTHERS PRESENT:
Brad Hogin, General Counsel
PUBLIC COMMENTS:
None.
REPORTS:
Chair Beamish reported on the recent Legislative and Public Affairs committee
meeting and that a letter of opposition had been sent in regard to proposed bill
AB1217 (Daly). He further reported on the recent legislative tours that had taken
place, including Assemblymember Young Kim, Helene Ansel from Congressman
Lowenthal's office and Maurice Lyles from Senator Boxer's office. He thanked
Director Kiley for participating. He also provided an update on grants received,
OW24/2015 Steenng Committee Minutes Page 1 of
community outreach, the GWRS Dedication Ceremony this Friday, and the branding
presentation.
General Manager Herberg reported on the following: increasing flows to Orange
County Water District to 125 mgd for the Groundwater Replenishment System;
$450,000 WaterSMART grant received; awards received including the Fleet
Services Excellence Award #1 midsized Fleet and three Communicator Awards
received for the OCSD 60th anniversary video and distinction for our annual report.
Assistant General Manager Bob Ghirelli provided an update on the recent "Heal the
Bay" report stating that the overall beach quality in Orange County was excellent,
receiving an "A" grade with the exception of one stretch at Brookhurst Street which
received a "C" grade and was also listed as a "beach bummer'. He stated that the
reported bacterial levels had never been high enough to force a closure, but that
staff is closely monitoring the situation with the city of Huntington Beach and the OC
Public Works.
CONSENT CALENDAR:
1. MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the May 27, 2015 Regular Steering Committee Meeting
AYES: Beamish; Curry; Nielsen; Seboum; and Shawver
NOES: None
ABSTENTIONS: None
ABSENT: Jones and Withers
Director Withers arrived at 5:18 p.m.
NON-CONSENT CALENDAR:
2. MOVED, SECONDED, AND DULY CARRIED TO
A. Agree with Findings F.1, F.2, F.3 and with Recommendation R.1
contained in the 2014-2015 Orange County Grand Jury Report —
"Increasing Water Recycling:A Win-Win for Orange County'; and
B. Authorize the Board Chair to notify the presiding judge in writing of the
Board's agreement and responses.
06/24/2015 Steering Committee Minutes Page 2 of 4
AYES: Beamish; Curry; Nielsen; Seboum; and Shawver
NOES: None
ABSTENTIONS: Withers
ABSENT: Jones
INFORMATION ITEMS
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS: 54956.9(d)(1); 54957(b)(1)
The Committee convened in closed session at 5:25 p.m. to discuss two items.
Confidential minutes of the Closed Session have been prepared in accordance with
the above Government Code Sections and are maintained by the Clerk of the Board
in the Official Book of Confidential Minutes of Board and Committee Closed
Meetings.
RECONVENED IN REGULAR SESSION:
The Committee reconvened in regular session at 5:50 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN
CLOSED SESSION
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
Director Sebourn reported that the American Council of Engineering Companies
(ACEC) will be presenting an award to OCSD tomorrow for the work on the SARI
line.
06/24/2015 Steering Committee Minutes Page 3 d4
Chair Beamish thanked the committee for their support throughout the year.
Vice-Chair Nielsen thanked Chair Beamish for the work that he had completed
especially his successful trip to Washington D.C.
ADJOURNMENT:
The Chair declared the meeting adjourned at 5:52 p.m. to the next Steering
Committee meeting to be held on Wednesday, July 22, 2015 at 5:00 p.m.
Submitted by:
Kelly A. Lore
Clerk of the Board
06/24/2015 Steering Committee Minutes Page 4 d 4
STEERING COMMITTEE Meeting Date To ad.of W.
07R2/15
AGENDA REPORT Item Number Item Number
2
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: AWARD CONTRACT FOR 2015 INTERNAL SAWPA PRETREATMENT
PROGRAM AUDIT, SPECIFICATION NO. CS-2015-678
GENERAL MANAGER'S RECOMMENDATION
A. Award a Professional Consultant Services Agreement for Specification
No. CS-2015-678 to EEC Environmental for 2015 Internal Santa Ana Watershed
Project Authority Pretreatment Program Audit, for a total amount not to exceed
$95,040; and
B. Approve a contingency of$9,504 (10%).
SUMMARY
Since the Board of Directors received and filed the final Santa Ana Watershed Project
Authority (SAWPA) Remedial Plan Report in March 2014, Orange County Sanitation
District (OCSD) has worked with SAWPA to address the remaining SAWPA Remedial
Plan (SRP) Punch List categories, and to re-establish the SAWPA Pretreatment
Program. OCSD is seeking a follow-up audit of the SAWPA Pretreatment Program to
verify SAWPA is fulfilling its obligations and requirements, and to assess what additional
actions are required.
OCSD advertised for proposals on May 28, 2015. Only one proposal was received by
June 30, 2015, and the proposal was evaluated in accordance with OCSD's policies
and procedures. The proposal received from EEC Environmental (EEC) met OCSD's
project requirements. Staff recommends awarding a Professional Consultant Services
Agreement to EEC for the 2015 Internal SAWPA Pretreatment Program Audit,
Specification No. CS-2015-678, for an amount not to exceed $104,544, including a 10%
contingency.
PRIOR COMMITTEE/BOARD ACTIONS
March 2014—The Board received and filed the final SAWPA Remedial Plan Report.
January 2013 — The Board approved the Final SAWPA Remedial Plan and directed
staff to issue the final Remedial Plan to SAWPA to correct significant deficiencies in its
Pretreatment Program.
Page 1 of 3
November 2012 — The Steering Committee received and filed the 2012 SAWPA Audit
Report and directed staff to prepare a Remedial Plan for issuance to SAWPA.
ADDITIONAL INFORMATION
Since the Board of Directors received and filed the Final SAWPA Remedial Plan Report
in March 2014, OCSD has worked with SAWPA to address the SRP Punch List items.
The Punch List has three broad categories:
1. Establishment of Substantially Similar Pretreatment Programs
2. Revision of Pretreatment Program Control Documents (PPCD)
3. Data Management System
SAWPA has had over one year to implement the SAWPA Pretreatment Program.
SAWPA has worked with its Member and Contract Agencies to conform to the SAWPA
Pretreatment Program and to align the SAWPA PPCD to be substantially similar to
OCSD's Pretreatment Program and PPCD. SAWPA and OCSD are meeting on a
regular basis to work through specific issues and will continue to meet and discuss
further alignment requirements, strategies, and timelines. In October 2014, SAWPA
successfully closed the Data Management System Punch List category. The remaining
Punch List categories will take some time to complete. Based on SAWPA's progress to
date, OCSD will continue to maintain direct oversight over SAWPA's Pretreatment
Program for the foreseeable future, and will institute regular opportunities for the
agencies to communicate, collaborate, and cooperate.
At this time, OCSD seeks a follow-up audit of the SAWPA Pretreatment Program to
verify SAWPA is fulfilling its obligations and requirements and to assess what additional
actions are required. OCSD advertised for proposals on May 28, 2015. The Request
for Proposal evaluation and selection was conducted in accordance with OCSD's
adopted policies and procedures. Only one proposal was received by June 30, 2015,
and was ranked based on the following criteria:
Evaluation Criteria Weighting
Qualifications of Firm 20
Proposed Staffing and Project Organization 30
Work Plan 40
Cost and Price 10
The proposal was evaluated by staff from various OCSD divisions in accordance with
OCSD's policies and procedures. The proposal received from EEC was deemed to
meet OCSD's project requirements. Staff recommends awarding a Professional
Consultant Services Agreement to EEC for the 2015 Internal SAWPA Pretreatment
Program Audit, Specification No. CS-2015-678, for a total amount not to exceed
$95,040, with a contingency of$9,504 (10%).
CEQA
N/A
Page 2 of 3
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Orange County Sanitation District's
Ordinance NO.00SD47. This item has been budgeted as part of OCSD FY 2015-16
Joint Operating Budget and is sufficient for the recommended action.
Date of ADDroval Contract Amount Continaencv
07/22/15 $95,040 $9,504 (10%)
ATTACHMENT
The following attachment(a) maybe viewed on-line at the OCSD website (Mm w.ocsd.com) with the
complete agenda package:
Professional Services Consultant Agreement
JC:jb:gc
Page 3 of 3
RETURN TO AGENDA
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
2015 Internal SAWPA Pre-Treatment Program Audit
Specification No. CS-2015.678
THIS AGREEMENT 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 92708-7018 (hereinafter referred to as "OCSD") and EEC
Environmental with a principal place of business at 1 City Boulevard West, Suite 1800, Orange,
CA 92868 (hereinafter referred to as "Consultant") collectively referred to as the "Parties".
WITNESSETH
WHEREAS, based on Consultant's expertise and experience, OCSD wishes to temporarily
engage Consultant to provide 2015 Internal SAWPA Pre-Treatment Program Audit ("Services")
as described in Exhibit"A"; and
WHEREAS, Consultant submitted its proposal, dated June 30, 2015; and
WHEREAS, on July 22, 2015, the Steering Committee of OCSD, by minute order, authorized
execution of this Agreement between OCSD and Consultant; and
WHEREAS, OCSD has chosen Consultant to conduct Services in accordance with Ordinance
No. OCSD-47; and
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 Agreement and all exhibits hereto (called the "Agreement") is made by OCSD and
Consultant. The Terms and Conditions herein exclusively govern the purchase of Services
as described in the Scope of Work.
1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement
as though fully set forth at length herein. Exhibits to this Agreement are as follows in order of
precedence:
Exhibit"A" Scope of Work
Exhibit"B" Proposal Submitted by Consultant
Exhibit"C" Acknowledgement of Insurance Requirements
1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and
any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all
respects govern and control.
1.4 This Agreement may not be modified, changed or supplemented, nor may any obligations
hereunder be waived or extensions of time for performance granted, except by written
instrument signed by both Parties.
1.5 The various headings in this Agreement are inserted for convenience only and shall not
affect the meaning or interpretation of this Agreement or any Paragraph or provision hereof.
1.6 The term "days", when used in the Agreement, shall mean calendar days, unless otherwise
noted as workdays.
Orange County Sanitation District 1 Of 11 Specification No. CS-2015-678
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1.7 The term "workday". Workdays are defined as all days that are not Saturday, Sunday, or
legally observed holidays. Meetings with OCSD staff shall be scheduled from Monday
through Thursday between the hours of 8AM and 4PM (exception is operations staff who
maintain plant operations 24/7 and work a rotated 12-hour shift) and shall conform to OCSD
work schedules. OCSD review periods shall not include legally observed holidays.
1.8OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday,
Presidents' Day Monday, Memorial Day Monday, Independence Day, Labor Day Monday,
Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas
Day.
1.9 Work Hours: The work required under this Agreement may include normal Business hours,
evenings, and weekends. OCSD will not pay Travel Time.
1.10 Work Hours: All work involving OCSD's or SAWPA's personnel, shall be scheduled
Monday through Friday within OCSD's or SAWPA's normal business hours. OCSD will not
pay Travel Time.
1.11 Consultant shall provide OCSD with all required premiums and/or overtime work at no
charge beyond the price provided in Exhibit"B".
1.12 Except as expressly provided otherwise, OCSD accepts no liability for any expenses,
losses, or action incurred or undertaken by Consultant as a result of work performed in
anticipation of purchases of said services by OCSD.
2. Scope of Work Subject to the terms of this Agreement, Consultant shall perform the
Services identified in Exhibit "A". Consultant warrants that all of its Services shall be
performed in a competent, professional and satisfactory manner.
3. 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. A review of the time required for the modification will be made
by OCSD and Consultant and the Agreement period adjusted accordingly.
4. Compensation Compensation to be paid by OCSD to Consultant for the Services provided
under this Agreement shall be a total amount not to exceed ninety five thousand forty dollars
($95,040).
5. California Department of Industrial Relations fD/RlRegistration and Record of Wages
5.1 To the extent CONSULTANT's employees and its subconsultants who will perform work
under this Agreement for which Prevailing Wage Determinations have been issued by the
DIR and as more specifically defined under Labor Code Section 1720 at seq,
CONSULTANT and its 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.
5.2 The CONSULTANT and its 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 1771.4(a)(3). Penalties for non-
compliance with the requirements of Section 1776 may be deducted from progress
payments per Section 1776.
Orange County Sanitation District 2 of 11 Specification No. CS-2015-678
RETURN TO AGENDA
5.3 Pursuant to Labor Code Section 1776, the CONSULTANT and its subconsultants 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 Enforcement of the Department of Industrial Relations.
5.4 The CONSULTANT and its 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. Payment and lnvoicina
6.1 OCSD shall pay, Net 30 days, upon receipt and approval by OCSD Project Manager, Mark
Kawamoto or his designee, of invoices submitted for completion of milestone tasks and
deliverables as described in Exhibit"A" and as follows:
• Upon OCSD's concurrence of completion of milestone#4 (at 50% completion stage),
Consultant shall be paid an amount up to 50% of the not to exceed amount.
• Upon OCSD's concurrence of completion of milestone#5 (at 90% completion stage).
Consultant shall be paid an amount up to 30% of the not to exceed amount.
• Upon OCSD's concurrence of completion of milestone #6 (at 100% completion
stage). Consultant shall be paid an amount up to 20% of the not to exceed amount.
6.2OCSD, at its sole discretion, shall be the determining party as to whether the tasks and
deliverables for each milestone have been satisfactorily completed.
6.3 Invoices shall be emailed by Consultant to OCSD Accounts Payable
at APStaffaOCSD.com and reference the following in the subject line: "INVOICE", the
Purchase Order Number and Specification No. CS-2015-678.
7. Audit Riahts Consultant agrees that, during the term of this Agreement 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 Consultant relating to the invoices
submitted by Consultant pursuant to this Agreement.
8. Commencement and Term The Services to be provided by Consultant under this
Agreement shall commence on the effective date of the Notice to Proceed, and be
completed no later than April 29, 2016.
9. Extensions The Term of this Agreement 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 Agreement for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OCSD. Upon receipt of a
termination notice, Consultant shall immediately discontinue all work under this Agreement
(unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay
Consultant for work performed (cost and fee) to the date of termination. Consultant
expressly waives any claim to receive anticipated profits to be earned during the
uncompleted portion of this Agreement. Such notice of termination shall terminate this
Agreement and release OCSD from any further fee, cost or claim hereunder by Consultant
other than for work performed to the date of termination.
Orange County Sanitation District 3 of 11 Specification No. CS-2015-678
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11.2 OCSD reserves the right to terminate this Agreement immediately upon OCSD's
detennination that Consultant is not meeting specification requirements, if the level of
service is inadequate, or any other default of this Agreement.
11.3 OCSD may also immediately cancel for default of this Agreement in whole or in part by
written notice to Consultant:
• if Consultant becomes insolvent or files a petition under the Bankruptcy Act; or
• if Consultant sells its business; or
• if Consultant breaches any of the terms of this Agreement; or
• if total amount of compensation exceeds the amount authorized under this Agreement.
11.4 All OCSD property in the possession or control of Consultant shall be returned by
Consultant to OCSD on demand, or at the termination of this Agreement, whichever occurs
first.
12. Indemnification and Hold Harmless Provision Consultant shall assume all responsibility
for damages to property and/or injuries to persons, including accidental death, which may
arise out of or be caused by Consultant's services under this Agreement, or by its
subconsultants and/or by anyone directly or indirectly employed by Consultant, and whether
such damage or injury shall accrue or be discovered before or after the termination of the
Agreement. Except as to the sole active negligence of or willful misconduct of OCSD,
Consultant 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 Consultant's performance under the Agreement, and/or (b) on
account of use of any copyrighted or uncopyrighled material, composition, or process, or
any patented or unpatented invention, article or appliance, furnished or used under the
Agreement, and/or (c) on account of any goods and services provided under this
Agreement. This indemnification provision shall apply to any acts or omissions, willful
misconduct, or negligent misconduct, whether active or passive, on the part of Consultant of
or anyone employed by or working under Consultant. To the maximum extent permitted by
law, Consultant's duty to defend shall apply whether or not such claims, allegations,
lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations
that any of the parties to be defended were actively, passively, or concurrently negligent, or
which otherwise assert that the parties to be defended are responsible, in whole or in part,
for any loss, damage, or injury. Consultant agrees to provide this defense immediately upon
written notice from OCSD, and with well qualified, adequately insured, and experienced
legal counsel acceptable to OCSD. This section shall survive the expiration or early
termination of the Agreement.
13. Insurance Consultant and all its subconsultants shall purchase and maintain, throughout
the life of this Agreement and any periods of warranty or extensions, insurance in amounts
equal to the requirements set forth in the signed Acknowledgement of Insurance
Requirements, Exhibit"C". Consultant shall not commence work under this Agreement until
all required insurance is obtained in a form acceptable to OCSD, nor shall Consultant allow
any of its subconsultants to commence service pursuant to a subcontract until all insurance
required of the subconsultants has been obtained. Failure to maintain required insurance
coverage shall result in termination of this Agreement.
Orange County Sanitation District 4 of 11 Specification No. CS-2015-678
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14. Key Personnel Personnel, as provided in Exhibit "B", are considered "key' to the work
under this Agreement and will be available for the term of the Agreement. No person
designated as key under this Agreement shall be removed or replaced without prior written
consent of OCSD. If OCSD asks Consultant to remove a person designated as key
personnel under this Agreement, Consultant agrees to do so immediately regardless of the
reason, or the lack of reason, for OCSD's request. Consultant shall assign only competent
personnel to perform services pursuant to this Agreement.
15. Confidentiality and Non-Disclosure
15.1 Consultant acknowledges that in performing the Services hereunder, OCSD may have to
disclose to Consultant orally and in writing certain confidential information that OCSD
considers proprietary and has developed at great expense and effort.
15.2 Consultant agrees to maintain in confidence and not disclose to any person, firm, or
corporation, without OCSD's prior written consent, any trade secret or confidential
information, knowledge or data relating to the products, process, or operation of OCSD.
15.3 Consultant further agrees to maintain in confidence and not to disclose to any person, firm,
or corporation any data, information, technology, or material developed or obtained by
Consultant during the term of this Agreement.
15.4 Consultant agrees as follows:
• To use the Confidential Information only for the purposes described herein; to not
reproduce the Confidential Information; to hold in confidence and protect the Confidential
Information from dissemination to and use by anyone not a party to this Agreement; and
to not use the Confidential Information to benefit itself or others.
• To restrict access to the Confidential Information to its Consultant or personnel of
Consultant who (1) have a need to have such access and (2) have been advised of and
have agreed in writing to treat such information in accordance with the terms of this
Agreement.
• To return all Confidential Information in Consultant's possession upon termination of this
Agreement or upon OCSD's request, whichever occurs first.
• To hold in confidence information and materials, if any, developed pursuant to the
Services hereunder.
15.5 The provisions of this Section shall survive termination or expiration of this Agreement and
shall continue for so long as the material remains confidential.
16. Ownership of Documents All drawings, specifications, reports, records, documents,
memoranda, correspondence, computations, and other materials prepared by Consultant,
its employees, subconsultants and agents in the performance of this Agreement shall be the
property of OCSD and shall be promptly delivered to OCSD upon request of the Project
Manager or upon the termination of this Agreement, and Consultant shall have no claim for
further employment or additional compensation as a result of the exercise by OCSD of its
full rights of ownership of the documents and materials hereunder. Any use of such
completed documents for other projects and/or use of incomplete documents without
specific written authorization by the Consultant will be at OCSD's sole risk and without
liability to Consultant. Consultant shall ensure that all its subconsultants shall provide for
assignment to OCSD of any documents or materials prepared by them.
Orange County Sanitation District 5 of 11 Specification No. CS-2015-678
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17. Ownership of Intellectual Property
17.1 Consultant agrees that all designs, plans, reports, specifications, drawings, schematics,
prototypes, models, inventions, and all other information and items made during the course
of this Agreement and arising from the Services (hereinafter referred to as "New
Developments")shall be and are assigned to OCSD as its sole and exclusive property.
17.2 Consultant agrees to promptly disclose to OCSD all such New Developments. Upon
OCSD's request, Consultant agrees to assist OCSD, at OCSD's expense, to obtain patents
or copyrights for such New Developments, including the disclosure of all pertinent
information and data with respect thereto, the execution of all applications, specifications,
assignments, and all other instruments and papers which OCSD shall deem necessary to
apply for and to assign or convey to OCSD, its successors and assigns, the sole and
exclusive right, title and interest in such New Developments. Consultant agrees to obtain or
has obtained written assurances from its employees and contract personnel of their
agreement to the terms hereof with regard to New Developments and Confidential
Information.
17.3 Consultant warrants that Consultant has good title to any New Developments, and the
right to assign New Developments to OCSD free of any proprietary rights of any other party
or any other encumbrance whatever.
17.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals,
photographs, videotapes, data, computer files, and other documents prepared or caused to
be prepared by Consultant or its subconsultants in connection with these Services shall be
delivered to and shall become the exclusive property of OCSD. OCSD may utilize these
documents for OCSD applications on other projects or extensions of this project, at its own
risk.
18. No Solicitation of Employees Or Subconsultants
18.1 Consultant agrees that it shall not, during the term of this Agreement and for a period of
one (1) year immediately following termination of this Agreement, or any extension hereof,
call on, solicit, or take away any of the employees or subconsultants about whom Consultant
became aware as a result of Consultant's Services to OCSD.
18.2 Consultant acknowledges that OCSD's employees are critical to its business. Consultant
agrees not to employ or otherwise engage OCSD's employees or subconsultants during the
term of this Agreement and for a period of one (1) year following termination of this
Agreement. Should Consultant violate this provision, Consultant will pay OCSD fifty percent
(50%) of the former employee's annual salary which payment is in addition to OCSD's rights
and remedies.
19. Independent Contractor Capacity
19.1 The relationship of Consultant to OCSD is that of an independent contractor and nothing
herein shall be construed as creating an employment or agency relationship.
19.2 Consultant shall act independently and not as an officer or employee of OCSD. OCSD
assumes no liability for Consultant's action and performance, nor assumes responsibility for
taxes, funds, payments or other commitments, implied or expressed, by or for Consultant.
19.3 Consultant shall not be considered an agent of OCSD for any purpose whatsoever, nor
shall Consultant have the right to, and shall not, commit OCSD to any agreement, contract
or undertaking. Consultant shall not use OCSD's name in its promotional material or for any
advertising or publicity purposes without expressed written consent.
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19.4 Consultant shall not be entitled to any benefits accorded to those individuals listed on
OCSD's payroll as regular employees including, without limitation, worker's compensation,
disability insurance, vacation, holiday or sick pay. Consultant shall be responsible for
providing, at Consultant's expense, disability, worker's compensation or other insurance as
well as licenses and permits usual or necessary for conducting the Services hereunder.
19.5 Consultant shall be obligated to pay any and all applicable local, state and federal payroll
and other taxes incurred as a result of fees hereunder. Consultant hereby indemnifies
OCSD for any claims, losses, costs, fees, liabilities, damages or penalties suffered by OCSD
arising out of Consultant's breach of this provision.
19.6 Consultant shall not be eligible to join or participate in any benefit plans offered to those
individuals listed on OCSD's payroll as regular employees. Consultant shall remain
ineligible for such benefits or participation in such benefit plans even if a court later decides
that OCSD misclassified Consultant for tax purposes.
20. Licenses, Permits Consultant represents and warrants to OCSD that it has obtained all
licenses, permits, qualification and approvals of whatever nature that are legally required to
engage in this work. Any and all fees required by State, County, City and/or municipal laws,
codes and/or tariffs that pertain to work performed under the terms of this Agreement will be
paid by Consultant.
21. Consultant's Representations In the performance of duties under this Agreement,
Consultant shall adhere to the highest fiduciary standards, ethical practices and standards
of care and competence for their trade/profession. Consultant agrees to comply with all
applicable Federal, State and local laws and regulations.
22. Familiarity with Work By executing this Agreement, Consultant 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 Agreement. Should Consultant 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 Consultant's risk,
until written instructions are received from OCSD.
23. Ripht to Review Services. Facilities, and Records
23.1 OCSD reserves the right to review any portion of the Services performed by Consultant
under this Agreement, and Consultant agrees to cooperate to the fullest extent possible.
23.2 Consultant shall furnish to OCSD such reports, statistical data, and other information
pertaining to Consultant's Services as shall be reasonably required by OCSD to carry out its
rights and responsibilities under its agreements with its bondholders or noteholders and any
other agreement relating to the development of the project(s) and in connection with the
issuance of its official statements and other prospectuses with respect to the offering, sale,
and issuance of its bonds and other obligations.
23.3 The right of OCSD to review or approve drawings, specifications, procedures, instructions,
reports, test results, calculations, schedules, or other data that are developed by Consultant
shall not relieve Consultant of any obligation set forth herein.
24. 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
Orange County Sanitation District 7 of 11 Specification No. CS-2015-678
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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 Agreement.
25. Severability If any section, subsection, or provision of this Agreement, or any agreement or
instrument contemplated hereby, or the application of such section, subsection, or provision
is held invalid, the remainder of this Agreement or instrument in the application of such
section, subsection or provision to persons or circumstances other than those to which it is
held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to
substantially frustrate the expectations of the Parties.
26. Waiver The waiver of either party of any breach or violation of, or default under, any
provision of this Agreement, shall not be deemed a continuing waiver by such party of any
other provision or of any subsequent breach or violation of this Agreement or default
thereunder. Any breach by Consultant to which 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 Consultant fails to
make delivery of the goods or Services or repudiates its obligations under this Agreement,
or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services,
OCSD may (1) cancel the Agreement; (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 Consultant. In the event OCSD elects to "cover' as
described in (3), OCSD shall be entitled to recover from Consultant as damages the
difference between the cost of the substitute goods or Services and the contract price,
together with any incidental or consequential damages.
26. Governing Law This Agreement shall be governed by and interpreted under the laws of
the State of California and the Parties submit to jurisdiction in Orange County, in the event
any action is brought in connection with this Agreement or the performance thereof.
29.Attornev'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
Agreement, the prevailing parry shall be entitled to reasonable attorneys fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
30. Dispute Resolution
30.1 In the event of a dispute as to the construction or interpretation of this Agreement, or any
rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the
dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution
of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be
conducted in accordance with the Commercial Mediation Rules of the American Arbitration
Agreement, through the alternate dispute resolution procedures of Judicial Arbitration
through Mediation Services of Orange County("JAMS"), or any similar organization or entity
conducting an alternate dispute resolution process.
30.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 at 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 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 arbitrators acting as a board, shall take such evidence and make such
Orange County Sanitation District 8 of 11 Specification No. CS-2015-678
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investigation as deemed appropriate and shall render a written decision on the matter in
question. The arbitrator shall decide each and every dispute in accordance with the laws of
the State of California. The arbitrator's decision and award shall be subject to review for
errors of fact or law in the Superior Court for the County of Orange, with a right of appeal
from any judgment issued therein.
31. Damage to OCSD's Property Any OCSD property damaged by Consultant will be subject
to repair or replacement by Consultant at no cost to OCSD.
32. OCSD Safety and Human Resources Policies OCSD requires all contractors and
Consultants to follow and ensure their employees and all subconsultants follow all State and
Federal regulations as well as OCSD requirements while working at OCSD locations. If
during the course of a contract it is discovered that OCSD policies, safety manuals, or
contracts do not comply with State or Federal regulations then the Consultant is required to
follow the most stringent regulatory requirement at no cost to OCSD. Consultant and all
their employees and subconsultants shall adhere to all applicable OCSD Safety and Human
Resources Policies found at: www.00SD.com, "Doc Central" (bottom of page), under
"Safety". OCSD's Safety and Human Resources Policies are hereby incorporated by
reference as though fully set forth herein.
In addition to the requirements stated above, Consultant shall adhere to the following OCSD
Safety Requirements:
• SOP-102 PPE
• SOP-106 Hearing Conservation Program
• SOP-206 Fall Protection
• SOP-107 Hazard Communication
• SOP-109 Respiratory Protection Program
• SOP-121 Lead, Asbestos and Mold
• SOP-113 Bloodbome Pathogen
33. Freight (F.O.B. Destination) Consultant assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with
delivery of all products deemed necessary under this Agreement.
34.Assignments Consultant shall not delegate any duties nor assign any rights under this
Agreement without the prior written consent of OCSD. Any such attempted delegation or
assignment shall be void.
35. Conflict of Interest and Reporting
35.1 Consultant shall at all times avoid conflict of interest or appearance of conflict of interest in
performance of this Agreement.
35.2 Consultant affirms that to the best of its knowledge there exists no actual or potential
conflict between Consultant's families, business or financial interest or its Services under
this Agreement, and in the event of change in either its private interests or Services under
this Agreement, it will raise with OCSD any question regarding possible conflict of interest
which may arise as a result of such change.
36. Third Party Rights Nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than OCSD and Consultant.
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37. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be
personally liable to Consultant, or any successor-in-interest, in the event of any default or
breach by OCSD or for any amount which may become due to Consultant or to its
successor, or for breach of any obligation of the terms of this Agreement.
38.Authority to Execute The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement and that by executing this
Agreement, the Parties are formally bound.
39. Read and Understood By signing this Agreement, Consultant represents that he has read
and understood the terms and conditions of the Agreement.
40. Entire Agreement This Agreement 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.
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41. Notices All notices under this Agreement 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. Any facsimile notice must be
followed within three (3) days by written notice. 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: Ludwig R. Lapus
Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Consultant: Najib Saadeh
EEC Environmental
1 City Boulevard West
Suite 1800
Orange, CA 92868
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:
Chair, Steering Committee
Dated: By:
Clerk of the Board
Dated: By:
Contracts, Purchasing and Materials
Management Division Manager
COMPANY
Dated: By:
Print Name and Title of Officer
IRS Employers I.D. Number
Orange County Sanitation District 11 of 11 Specification No. CS-2015-678
STEERING COMMITTEE Meeting Date TOBd 0111 r.
07/22/15 o7ft2/15
AGENDA REPORT Item Number Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
SUBJECT: GENERAL MANAGER'S FY 2014 — 2015 YEAR END WORK PLAN
UPDATE
GENERAL MANAGER'S RECOMMENDATION
Receive and File the General Manager's FY 2014 -2015 Work Plan Year End Update.
SUMMARY
Each year, the General Manager prepares a work plan of activities for the coming fiscal
year and at the end of the year, prior to presenting the year-end update to the Board of
Directors, he presents the draft work plan update to the Steering Committee.
PRIOR COMMITTEE/BOARD ACTIONS
August 2014 Presented the proposed General Manager's FY 2014 -15 Work
Plan to the Steering Committee for review.
September 2014 Approved the General Manager's FY 2014—2015 Work Plan by the
Board of Directors
January 2015 Presented the General Managers FY 2014—2015 Mid- Year Work
Plan Update to the Board of Directors
ADDITIONAL INFORMATION
N/A
CEQA
N/A
BUDGET /PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
The following attechment(s) are provided in hard copy and may be viewed on-line at the OCSD website
(mm w.ocsd.com) with the complete agenda package:
• General Manager's Year-End FY 2014— 2015 Work Plan Update
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itORANGE COUNTY SANITATION DISTRICT
Memorandum
July 6, 2015
TO: Chairman and Members of the Board of Directors
FROM: lames D. Herberg, General Manager
SUBJECT: Fiscal Year 2014-2015 General Manager's Year-End Work Plan Update
I present to you the year-end update for my Fiscal Year 2014-2015 work plan. I identified fifteen areas to
focus on during this fiscal year including safety and security, workforce planning, and operational resiliency.
This work plan was reviewed with the Steering Committee in August 2014 and a mid-year update was
provided in January 2015. OCSD staff have been working towards reaching all the goals by their respective
deadlines.
1. Future Water Recycling — Work with Orange County Water District (OCWD) to jointly study
improvements needed to support the Groundwater Replenishment System (GWRS) Final Expansion.
Determine partnerships, needs,strategies, benefits and costs associated with recycling any remainder
flows from Plant No. 2 effluent water. Issue Request for Proposals (RFP) for SP-173 Effluent Reuse
Study by January 31, 2015 and update agreement with OCWD by June 30,2015.
Update:COMPLETE-The RFP was completed ahead of schedule and the study is currently underway.
Amendments to the Joint Powers Agreement between OCSD and OCWD were approved at the June
Board meeting.
2. Infrastructure Stability — Expand the current asset management program to enhance the
maintenance of civil assets (concrete, structures, steel, etc.). Develop by June 30, 2015 a civil asset
management plan including goals, implementation tasks and resource needs.
Update: COMPLETE - In collaboration with multiple departments, O&M staff identified the most
critical process structures and piping for inclusion in the civil assets maintenance program. The
maintenance activities for these assets range from condition assessments,to cleaning, minor repairs,
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rehabilitations,coatings, and cathodic protection. Detailed reports and estimates were developed to
help identify the initial labor, craft, materials, tools, training, planning, IT, and support functions.
These estimates will be used to develop implementation and cost alternatives/options. The Civil
Assets Management Program (CAMP) for FY 15-16 was reviewed and approved by the Executive
Management Team on March 9, 2015. Budget funds were allocated for Fiscal Year 15-16 and
contracting service options for condition assessments, cleaning/housekeeping, and minor repairs
were identified for this same time period. Assessment report templates,data collection and archiving
user requirements are being drafted with the input from the Operations & Maintenance, Collections
and Engineering departments. These requirements will be used by the IT department to develop a
technology solution that will ensure the efficient use of assessment data to improve maintenance
strategies to ensure asset reliability, conduct needed repairs or plan asset rehabilitations or
replacements. A 5-year program Implementation plan will be developed during the 2015-16 fiscal
year which will better define the internal and contractual resources needed for a sustainable
program.
3. Operational Optimization —Continue to evaluate and optimize operations at the Sanitation District
focusing on:
• Efficiency—Effective Utility Management Model —Complete the review and self-assessment
by December 31,2014.
• Cost Savings— By June 30,2015,continue stakeholder outreach efforts,submit request to re-
open ocean discharge permit, negotiate removal of disinfection requirements, and
discontinue use of disinfection chemicals for effluent discharge through the long outfall,
realizing an annual cost savings of$425,000.
• Best Management Practices — Develop business work flows for implementing best practices
for planning and scheduling maintenance, conduct training, and go-live with Maximo, the
new computerized maintenance management system(CMMS) by June 30,2015.
• Shared Services — Explore and determine areas where shared services can improve
performance and reduce costs for OCSD rate payers by consolidating functions.
Update:
Efficiency — Members of the Executive Management Team and Managers Team completed
the review and self-assessment of the Effective Utility Management Model. The results of
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the exercise are being used in the Strategic Planning process that will conclude in the Fall of
2015.
• Cost Savings—OCSD Operations ceased disinfecting ocean discharge on March 171h,consistent
with our notice and feedback from the Santa Ana Regional Water Quality Control Board.
Laboratory staff has not measured any significant increase in bacteria levels within the ocean
discharge. To date, it appears a slight recovery in the benthic community near OCSD's ocean
outfall is observed. It is too early at this time to make a definitive determination as to
whether a full recovery will result.The process of ceasing disinfection will save approximately
$425,000 each year in chemical costs alone. This will be in addition to energy and
maintenance costs associated with the disinfection chemicals, staff time and the elimination
of the environmental damage to the biological community area near our discharge point.
• Best Management Processes — All maintenance data from our existing Computerized
Maintenance Management System (CMMS) were transferred to our new Maximo CMMS.
Maximo and the Planning and Scheduling program went live on January 26th. Key
maintenance efficiency gains obtained during the past five months are primarily attributed to
the pre-coordination of work schedules developed a week in advance and staffs ability to
check equipment specifications, spare part inventory and repair history directly from the field
using their mobile computers without returning to their maintenance shops. This feature is
fully available now at Plant No. 1 and will be available at Plant No. 2 within the next six
months as the WiFi system is expanded under an Engineering small project. A maintenance
planning supervisor was hired and three additional maintenance planner positions will be
recruited to fill positions left open by staff retirements. Full cultural adaptation to a planned
schedule environment is slowly progressing, however we anticipate that will greatly improve
once the planner group is fully staffed and key performance indicator reports are in place to
measure success.
• Shared Services —We are working directly with Orange County Water District (OCWD) on
possible items of mutual interest in the areas of Fleet Services, building maintenance,
uniform laundering services, landscaping&security.
4. Communication Strategy—Prepare a recommendation by June 30, 2015 for the Board of Directors on
OCSD's corporate identity and the possibility of moving OCSD's brand from "wastewater" to a
"resource recovery facility".
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Update: COMPLETE - Staff had preliminary discussions with the Legislative and Public Affairs
Committee (La PA) where direction was given to prepare a communication strategy for the
Committee's consideration. The communication strategy was presented and approved at the June
La PA Committee and Board meeting. A few of the highlights include a communications strategy
focusing on transparency building a strong reputation, ensuring appropriate investment and
maintaining a credible and influential voice with policy makers, regulators, and legislators. Some of
the tools that will be used include a revised GM Monthly Report which has already been
implemented, consideration of modified agenda reports which would include training for our staff, a
policy ticker on the front page of the website which will highlight recent policy decisions made by the
board and creating a "influential public"database with whom we will engage and share information.
5. Capital Budget Expenditure —Target 90 percent expenditure on major Engineering Capital Projects
for Fy 2014/15.
Update: Staff are forecasting 98.6%CIP spending(w/o contingency).
6. Workforce Planning and Workforce Development — Improve, increase, and implement tools to
expand labor force capacity and staff skill levels by June 30,2015.
Update: Human Resources staff is working a sub-committee of managers that was formed to assist in
the review, modification or enhancement of OCSD's workforce planning & workforce development
strategic initiative to develop forms and workflow processes to manage the following tools:
• Workforce Vulnerability Assessment — The process includes departmental leadership,
evaluating the organizational chart, and identifies vulnerable positions based on three
criteria: retention, criticality, and difficulty to fill. The assessment will assist management in
identifying workforce needs for the upcoming budget process. In an effort to include
stakeholders in the process and to develop tools that meet the needs of stakeholders, the
development of guidelines and forms for this tool has transitioned over to a manager sub-
committee. This tool will be ready to roll out by December 31, 2015.
• Talent Readiness Assessments — The process includes departmental leadership evaluating
staff and identifying key talent, as well as possible development efforts. In an effort to
include stakeholders in the process and to develop tools that meets the needs of
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stakeholders,the development of guidelines and forms for this tool has transitioned over to a
manager sub-committee. This tool will be ready to roll out by December 31, 2015.
• Individual Development Plan (IDP) - Management and supervisory staff are encouraged to
partner with each of their staff to create individual development plans.
• Divisional Development Needs — With the decentralization of the training budget from
Human Resources to each division, management will be able to analyze the information
collected from workforce assessments and individual development plans to determine
divisional development needs.
• Workforce Planning Action Plan - Managers and Supervisors are encouraged to prepare and
implement a Workforce Planning Action Plan for each position identified in the recent
vulnerability analysis that report directly to them. HR has also launched the pilot program
with Veterans First, Orange County.
7. Administrative Facilities— Prepare and present an Implementation Plan for the replacement of Plant
No. 1 administrative facilities to the Board of Directors by June 30,2015.
Update: COMPLETE - HDR Engineering began a special study in July 2014 to determine design
needs. Additional refinement of desired scheme including reduction of Lab square footage and scope
increase to compare options that include keeping existing Lab and Fleet may impact the goal. The
project is still on target and the completed Implementation plan was approved at the June Board
meeting.
S. Operational Resiliency — By June 30, 2015 complete a comprehensive review of the Integrated
Emergency Response Plan with three table top drills exercises, complete a risk register and develop a
scope of work for a business continuity plan to ensure OCSD is prepared to continue operations in the
event of a significant event.
Update: Three tabletop drills were completed and risk data collected for the Risk Register is with
senior management for approval and possible presentation to EMT. The Business Impact Analysis
phase of the Business Continuity Plan has begun as well. The Project Team conducted meetings with
the divisions critical to restoring the business functions. The data gathered was reviewed, functions
were ranked, classified, and sorted for executive management. Upper management will select the
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most critical functions as areas of opportunity to keep the District operating administratively and to
lessen the impact of a major event to agency business. Once vetted by executive management, the
information will be presented to the Board of Directors.
9. Odor Control Master Plan— Develop a recommendation on odor treatment technologies and levels
of service goals for both plant facilities. Issue a request for proposal for SP-166, Plant Odor Control
Master Plan by January 31,2015.
Update:The RFP was released on schedule and the award of the contract was approved at the June
Board meeting.We are on target to complete Odor Control Master Plan by June 2016.
10. Research — Finalize fuel cell research project and present findings with recommendations to the
Board of Directors by December 31, 2014. Identify and propose two research opportunities to the
Board of Directors by June 30,2015.
Update: Staff are progressing with two technologies for energy conversion. Super Critical Water
Oxidation preliminary engineering will be brought to the July Board Meeting for consideration and a
study to more efficiently clean digester gas is nearing completion.
11. Energy Efficiency — Evaluate OCSD facilities, through an energy audit, to identify energy savings
strategies that are economically and operationally feasible. Present findings and recommendations to
the Board of Directors by June 30,2015.
Update: In August 2014, OCSD entered into an agreement with The Energy Network(TEN)to provide
project management and technical assistance to identify energy savings opportunities at both plants
and the pump stations in the collection systems.TEN is administered by the County of Los Angeles for
the greater Los Angeles area and authorized by the California Public Utilities Commission to identify
energy savings at no cost to public agencies.
The preliminary Reclamation Plant No. 1 Phase 1 audit report was completed in May 2015. The
report identified a list of recommended energy optimization measures. Lighting improvements,
which take advantage of recent LED technology development, were identified as having the highest
potential for energy and cost savings, with a quick payback. Based on this finding, staff requested
additional lighting improvements for evaluation. Process control improvement opportunities were
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also identified for the Plant 1 activated sludge secondary treatment facility, to capture and reuse
dissolved oxygen. These opportunities are being further evaluated. The Phase 1 report will be
revised and presented to staff in July 2015 for review.
12. Labor Negotiations—Support chief negotiators in timely bargaining over successor labor agreements
in compliance with the Meyers-Milias-Brown Act.
Update: COMPLETE - Labor agreements (MOUs) were reached with all recognized employee
organizations through June 30, 2016.
13. Financial Viability—Secure an Investment Management Company by October 31, 2014.
Update: COMPLETE - Based on its recent performance and long-term stability, the Board approved
the selection of Chandler Asset Management as its new investment manager. The agreement
between OCSD and Chandler to provide investment services became effective in November 2014.
14. Classification and Compensation Study — Select consultant and conduct a classification and
compensation study to be completed by December 31, 2015. Complete employee feedback and
management review of position description questionnaires by June 30, 2015.
Update: Gallagher Benefits Services was selected through the RFP process, and the classification
and compensation study is underway. Initial strategy and information meetings were held with
the Executive Management Team and bargaining unit representatives, respectively, in April. The
study completed the classification and job evaluation phase, during which position description
questionnaires were completed by employees and reviewed by management. The study is now
in the compensation phase. The project timeline places the study on track for completion by
December 31, 2015.
15. Safety and Security — Prioritize and implement measures to reduce risk and provide a secure and
safe workplace for our employees, as well as protecting our regional infrastructure. Complete
Administrative or Engineering Controls for high priority items identified in the Safety Study (SP-
145) by December 31, 2014. Develop an Implementation Plan for the standard Administration and
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Engineering Controls identified in the Safety Study by June 30, 2015. Complete a Vulnerability Self-
Assessment and identify security improvements by December 31,2014.
Update: The Vulnerability Self-Assessment was completed ahead of schedule to identify security
improvements.Administrative Controls for high priority items identified in the Safety Study are under
development by the Risk Management division. An Implementation Plan for the standard
Administrative Controls identified in the Safety Study is being developed.
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STEERING COMMITTEE Meeting Date TOBd 0111 r.
o7R2115 o7ft2/1S
AGENDA REPORT Item Number Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert P. Ghirelli, Assistant General Manager
SUBJECT: CLASSIFICATION & COMPENSATION STUDIES — COMPARISON
AGENCIES
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
The Orange County Sanitation District (OCSD) initiated its periodic Classification and
Compensation Studies in March 2015 with Gallagher Benefit Services, Inc. As part of
the study's compensation phase, OCSD's current list of comparison agencies that
comprise its labor market will be reviewed and updated as needed.
PRIOR COMMITTEE/BOARD ACTIONS
February 2014 — The Administration Committee authorized the General Manager to
advertise a request for proposal and subsequently award a Consultant Services
Agreement for an OCSD-wide Classification and Compensation Study, for a total
amount not to exceed $100,000.
ADDITIONAL INFORMATION
Classification and Compensation Studies are conducted periodically by organizations to
obtain information on how other agencies structure their positions and compensate
employees in similar positions. Such benchmark data is critical feedback regarding how
an agency compares to its labor market, providing information for organizational
decisions on classification and compensation of its jobs. The selection of an
appropriate labor market is important to all stakeholders, including the Board of
Directors, management, bargaining units, employees, and the public. It ensures that
OCSD compares its classification and compensation systems to similar organizations.
Currently stakeholder review of the list of proposed comparison agencies is underway.
The proposed list has been distributed to OCSD's unrepresented groups (Executive
Management Team, Manager Group, and Confidential Group) and all represented
bargaining units. Stakeholders' feedback will be collected and evaluated.
Subsequently, a recommendation will be presented to the Board of Directors regarding
the final list of comparison agencies to be used for benchmarking in the Classification
and Compensation Studies.
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OCSD's current list of 13 comparison agencies was established during the 2002
Classification and Compensation Studies conducted in 2002 by Johnson & Associates.
The comparison agencies were selected based on geographic proximity, employer size,
and nature of services provided. OCSD's current comparison agencies are:
• City of Anaheim
• Central Contra Costa Sanitary District
• County Sanitation Districts of Los Angeles County
• East Bay Municipal Utilities District
• Eastern Municipal Water District
• City of Garden Grove
• City of Huntington Beach
• City of Irvine
• Irvine Ranch Water District
• City of Los Angeles Bureau of Sanitation
• Los Angeles County Department of Public Works
• Orange County Water District
• City of San Diego
Updates to OCSD's comparison agencies list have been recommended by Gallagher
Benefits Services, Inc., during the current study. Gallagher's consultants indicate that
an organization's list of comparison agencies should consist of between 15 and 20
comparison agencies in order to provide statistically significant data. The City of
Garden Grove was removed, since it did not fit their criteria. The criteria they consider
include the following:
• Retention: agencies from/to which OCSD gains/ loses employees
• Geography: agencies within the same area/ region/ state
• Size/ Service Area: agencies from twice as large to half as big
• Operations: agencies with similar operations and water processed
• Continuity: agencies previously surveyed ensure continuity
Below is the revised list of comparison agencies that Gallagher Benefits Services
recommends for OCSD. It includes 12 of the existing comparison agencies, plus 8
additional agencies marked with an asterisk (*).
• City of Anaheim
• Central Contra Costa Sanitary District
• County Sanitation Districts of Los Angeles County
• East Bay Municipal Utilities District
• Eastern Municipal Water District
• City of Huntington Beach
• City of Irvine
• Irvine Ranch Water District
• City of Los Angeles Bureau of Sanitation
• Los Angeles County Department of Public Works
• Orange County Water District
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• City of San Diego
• City and County of San Francisco Utilities*
• City of San Jose Environmental Services*
• Sacramento Regional County Sanitation District*
• City of Long Beach*
• City of Santa Ana*
• Orange County*
• Riverside County*
• San Bernardino County*
Discussions are pending with the bargaining units regarding the proposed comparison
agencies list, and bargaining unit input will be considered by management in making
any revisions to the proposed list. Following discussions, a final draft of the list will be
presented to OCSD's Board of Directors for approval.
Additionally, a project status update on the Classification and Compensation Studies will
be provided at an upcoming meeting of the Board of Directors.
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
The funds for this project were included in the OCSD Operating Budget for FY 2014-15
and FY 2015-16.
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ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology Glossary
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
ICS Incident Command System
IERP Integrated Emergency Control Plan
LOS Level of Service
MGD Million gallons per day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O&M Operations and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
GOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
Glossary of Terms and Abbreviations
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
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 know 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.
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
farm land 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.
Glossary of Terms and Abbreviations
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor
becomes the DrT for that air sample.
Greenhouse gases — 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 (GWR) System — A joint water reclamation project that proactively
responds to Southern California's current and future water needs. This joint project between the
Orange County Water District and the Orange County Sanitation District provides 70 million gallons a
day of drinking quality water to replenish the local groundwater supply.
Levels of Service (LOS)—Goals to support environmental and public expectations for performance.
NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been
found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide
with extra ultra-violet treatment.
National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water
Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S.
Environmental Protection Agency (EPA). NBP is committed to developing and advancing
environmentally sound and sustainable biosolids management practices that go beyond regulatory
compliance and promote public participation in order to enhance the credibility of local agency
biosolids programs and improved communications that lead to public acceptance.
Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility.
Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million
gallons per day (MGD) 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. Combined sewers carry both wastewater and urban run-off.
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.
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.
Glossary of Terms and Abbreviations
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.