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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 RETURN TO AGENDA 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 RETURN TO AGENDA 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 RETURN TO AGENDA 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 RETURN TO AGENDA 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. Orange County Sanitation District 6 of 11 Specification No. CS-2015-678 RETURN TO AGENDA 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 RETURN TO AGENDA 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 RETURN TO AGENDA 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. Orange County Sanitation District 9 of 11 Specification No. CS-2015-678 RETURN TO AGENDA 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. Orange County Sanitation District 10 of 11 Specification No. CS-2015-678 RETURN TO AGENDA 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 Page 1 of 1 RETURN TO AGENDA 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, RETURN TO AGENDA 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 Page 2 of 8 RETURN TO AGENDA 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". Page 3 of 8 RETURN TO AGENDA 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 Page 4 of 8 RETURN TO AGENDA 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 Page 5 of 8 RETURN TO AGENDA 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 Page 6 of 8 RETURN TO AGENDA 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 Page 7 of 8 RETURN TO AGENDA 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. Page 8 of 8 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. Page 1 d 3 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 Page 2 d 3 • 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. Page 3 d 3 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.