EAST BAY MUNICIPAL UTILITY DISTRICT€¦ · USDC, N.D. Cal., Case No. CV 09-0186 RS 3. Conference...
Transcript of EAST BAY MUNICIPAL UTILITY DISTRICT€¦ · USDC, N.D. Cal., Case No. CV 09-0186 RS 3. Conference...
EAST BAY MUNICIPAL UTILITY DISTRICT
375 - 1 lth Street, Oakland, CA 94607 Office of the Secretary: (510) 287-0440
REGULAR CLOSED SESSION11:00 a.m., Board Room
ROLL CALL:
P U B L I C C O M M E N T : The Board of Directors is limited by State law to providing a brief response, askingquestions for clarification, or referring a matter to staff when responding to items that are not listed on the agenda.
ANNOUNCEMENT OF CLOSED SESSION AGENDA:
1. Existing litigation pursuant to Government Code section 54956.9(a): one matter.
a. United States of America, et al. v. East Bay Municipal Utility DistrictUSDC, N.D. Cal., Case No. CV 09-0186 RS
3. Conference with Labor Negotiators Bruce Heid and Glenn Berkheimer from the IndustrialEmployers Distributors Association (I.E.D.A.), Alexander R. Coate, Carol Nishita, EricSandier, Delores Turner, Lisa Sorani and Jill Gaskins pursuant to Government Code Section54957.6: Employee Organizations International Federation of Professional and TechnicalEngineers AFL-CIO, Local 21; International Union of Operating Engineers, Local 39; andAmerican Federation of State, County and Municipal Employees, Locals 444 and 2019.
(The Board will hold Closed Session in Conference Room 8A/B)
REGULAR BUSINESS MEETING1:15 p.m., Board Room
ROLL CALL:
BOARD OF DIRECTORS:
© Pledge of Allegiance
ANNOUNCEMENTS FROM CLOSED SESSION:
P U B L I C C O M M E N T : The Board of Directors is limited by State law to providing a brief response,asking questions for clarification, or referring a matter to staff when responding to items that are not listed onthe Agenda.
Regular Meeting ofJune 25, 2013Page 2 of4
CONSENT CALENDAR: (Single motion and vote approving 16 recommendations, including 1 resolution.)
1. Approve the Regular Meeting Minutes of June 11,2013.
2. File correspondence with the Board.
3. Award contracts to the lowest responsive/responsible bidders - Pape Machinery, Air &Tool Engineering, Contour Sierra Aebi, LLC, and Cresco Equipment Rentals, for anestimated amount of $2,610,718 for the purchase of construction equipment during theperiod of July 1, 2013 to June 30, 2016, with two one-year options to extend at anestimated annual amount of $870,239, under Proposal 1314.
4. Award a contract to the lowest responsive/responsible bidder, Ameron International,Inc., in the estimated total amount of $660,274 for supplying various sized steel pipe,for the period beginning July 1, 2013 and ending June 30, 2014, under ProposalNo. 1318.
5. Authorize agreements relating to projects approved in the Water Treatment andTransmission Improvements Program Environmental Impact Report certified by theBoard of Directors in December 2006.
5.1. Authorize an agreement with Illingworth & Rodkin, Inc. in an amount not toexceed $83,351 to provide acoustical engineering services for the HappyValley, Sunnyside, and Donald Pumping Plants.
5.2. Authorize an agreement with Royston Hanamoto Alley & Abey in an amountnot to exceed $435,782 to provide architectural and landscape services for theHappy Valley, Sunnyside, and Donald Pumping Plants, and Ardith Reservoir.
6. Authorize an agreement with Ad-Mail, Inc. for an amount not to exceed $50,000annually to fulfill customer orders from EBMUD's on-line store, for the period July 1,2013 through June 30, 2016, with three one-year options to extend.
7. Authorize an agreement with American Industrial Care, Inc. in the estimated annualamount of $25,000 for the period of July 1, 2013 through June 30, 2018, with threeoptions to extend for one year, to serve as Third Party Administrator of the District'sDepartment of Transportation Drug and Alcohol Testing Program.
8. Authorize an agreement with Calaveras County for law enforcement services at Pardeeand Camanche Reservoirs and on adjacent District watershed lands for an annualamount not to exceed $231,000 per year from July 1, 2013 through June 30, 2016, withan optional three-year extension for an annual amount not to exceed $248,000 fromJuly 1, 2016 through June 30, 2019. The total amount for the contract is not to exceed$1,437,000 for the entire six-year period.
9. Authorize an agreement with ENS Resources, Inc. in the amount of $120,000 forcontinued legislative and regulatory information-gathering, analysis, representation,and liaison services in Washington, D.C. for a one-year period from July 1, 2013 toJune 30, 2014.
Regular Meeting ofJune 25, 2013Page 3 of4
CONSENT CALENDAR (Continued):
10. Authorize an agreement with NRC Environmental Services in an estimated amount of$500,000 annually to provide waste management services to the District during theperiod July 1, 2013 through June 30, 2015, with four options to renew for an additionalone-year period.
11. Authorize an agreement with Presstek, Inc. to provide full service maintenance/repairservices and consumables for the Print Shop's Presstek 34DI-X Press System duringthe period of July 1, 2013 through June 30, 2018 in an amount not to exceed $47,000annually, for a total of $235,000 over the five-year term of the contract.
12. Authorize an agreement with the Regents of the University of California in an amountnot to exceed $146,000 for rangeland health assessment and monitoring services onDistrict-owned watershed lands in the Mokelumne area during the period of June 26,2013 to June 26, 2018.
13. Authorize an agreement with the Successor Agency to the Richmond CommunityRedevelopment Agency in an amount not to exceed $600,000, to relocateapproximately 1,210 feet of 12-inch diameter pipeline as part of the SuccessorAgency's Officer Bradley A. Moody Memorial Underpass Project in Richmond,California.
14. Authorize an amendment to the District's agreement with Central Contra Costa SolidWaste Authority (CCCSWA) for source-separated food waste to provide CCCSWA theoption to terminate the agreement six months early in order to align the terms of itsagreement with the District with those of its franchised haulers.
15. Authorize the Office of General Counsel to continue employment of the law firm ofBarg, Coffin, Lewis & Trapp, LLP, for special counsel services related toenvironmental regulatory and environmental litigation matters.
16. Approve the nomination of John A. Coleman as a candidate for the office ofAssociation of California Water Agencies President and pledge the District's support ofhis endeavors in fulfilling the duties of this office if elected. (Resolution)
DETERMINATION AND DISCUSSION:
17. Legislative Update:• Receive Legislative Report No. 07-13 and consider positions on the following bills:
H.R. 935 (Gibbs) Reducing Regulatory Burdens Act of 2013; H.R. 1823 (Heck)Protecting Lakes Against Quaggas Act of 2013
© Update on Legislative Issues of Interest to EBMUD
18. General Manager's Report:© Investment Management© Dingee Pipeline Replacement Project Update
Regular Meeting ofJune 25, 2013Page 4 of4
REPORTS AND DIRECTOR COMMENTS:
19. Committee Reports:• Planning• Legislative/Human Resources• Finance/Administration
20. Director Comments.
ADJOURNMENT:
The next Regular Meeting of the Board of Directors will be held at 1:15 p.m. on Tuesday,July 9, 2013 in the Administration Center Board Room, 375 Eleventh Street, Oakland,California.
Disability NoticeIf you require a disability-related modification or accommodation to participate in an EBMUD public meetingplease call the Office of the Secretary (510) 287-0404. We will, make reasonable arrangements to ensureaccessibility. Some special equipment arrangements may require 48 hours advance notice.
Document AvailabilityMaterials related to an item on this Agenda that have been submitted to the EBMUD Board of Directors within 72hours prior to this meeting are available for public inspection in EBMUD's Office of the Secretary at 375 11thStreet, Oakland, California, during normal business hours.
V:\Agendas\Agendas 2013\062513_regular_agenda.doc
BOARD CALENDAR
Date
Tuesday, June 25
Thursday, July 4
Tuesday, July 9
Tuesday, July 23
Meeting
Finance/AdministrationCommitteeColeman (Chair), Linney,Patterson
Board of Directors
Independence DayHoliday
Planning CommitteeFoulkes (Chair), Linney,Mclntosh
Legislative/HumanResources CommitteeMclntosh (Chair), Coleman,Mellon
Board of Directors
Sustainability/EnergyLinney (Chair), Foulkes,Katz
Finance/AdministrationCommitteeColeman (Chair), Linney,Patterson
Board of Directors
Time/Location
10:15 a.m.Training Resource Center
11:00 a.m.1:15 p.m.
9:15 a.m.Training Resource Center
10:15 a.m.Training Resource Center
11:00 a.m.1:15 p.m.TBDTraining Resource Center
10:00 a.m.Training Resource Center
11:00 a.m.1:15 p.m.
Topics
• Update on RichmondWastewater ServicesProject
• Wastewater ControlOrdinance Updates
• Closed Session• Regular Meeting
District Offices Closed
• Closed Session• Regular Meeting
• Closed Session• Regular Meeting
AGENDA NO.MEETING DATE June 25, 2013
TITLE CONSTRUCTION EQUIPMENT
HI MOTION- • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Award contracts to the lowest responsive/responsible bidders listed below for an estimated amount of$2,610,718 for the purchase of construction equipment during the period of July 1, 2013 to June 30, 2016,with two one-year options to extend, at an estimated annual amount of $870,239 under Proposal No'. 1314.
Vendor
Pape MachineryAir & Tool EngineeringContour Sierra Aebi LLCCresco Equipment Rentals
Schedule
III, IV, XII, XIII, XVIII-1, XVIII-2, XVIII-3VI, VII, X, XIVIXXV
Total
Estimated Amount
$1,601,030$406,793$512,895$90,000
$2,610,718
SUMMARY
Proposal No. 1314 solicited bids for 19 types of construction equipment which are used regularly byDistrict staff to install and repair pipelines, and construct and maintain facilities. No bids were receivedfor six types of construction equipment, which will be obtained separately (see attached table).
The recommended action provides for contracts with four vendors to replace and/or upgrade various typesof construction equipment necessary for District construction and maintenance activities over the next fiveyears. This equipment includes trench compactors, paving rollers, concrete saws, excavators, loaders,mowers, trailers, and sweepers.
DISCUSSION
The District replaces equipment as needed based on age and a mechanical condition evaluation. Theestimated average annual expenditure for equipment to be replaced under this proposal is $870,239.Actual expenditures by year will vary depending upon condition evaluation of the individual unitsidentified for replacement. Multi-year contracts assist the District by providing better purchasejricing
Funds Available: FY09 through
DEPARTMENT SUBMITTING
Operations and Maintenance
14
DEPA
Budget Code: WSC
JRTMENT MANAGER or DIRECTOR
Jvl/chael J. Wallis
OMD B742 7999 E5547
APPROVED
(0200140) •>
V
sral Manager
/
Contact the Office of the District Secretary with questions about completing or submitting this form.
BDl MS 10(M
Construction EquipmentJune 25, 2013Page 2
than one-year contracts, and the resulting equipment standardization results in volume pricing formaintenance parts and improved operational and repair training. In addition, the new contracts assist theDistrict in complying with new air quality regulations, which require cleaner off-road vehicles andequipment. Various engine options included in the bid schedules will allow staff to select the mosteconomical and cleanest pieces of equipment.
No bids were received for Schedules I, II, V, VIII, XI, and XVI, for cranes, paving machines, landscapetractors, trailer-mounted flaggers, and chippers. This equipment will be bid on an individual basis, asneeded.
CONTRACT EQUITY PROGRAM EFFORTS
Requests for proposals were sent to three resource organizations and to 26 potential bidders. A total offive bids were received. The completed P-035 and P-061 fonns are attached.
FISCAL IMPACT
Funding for equipment replacements is included in the Vehicle Replacement Fund. Monies for thesereplacements have accrued to the fund during the life-cycle period of each vehicle through vehicle usecharges.
ALTERNATIVES
Do not replace this equipment. This alternative is not recommended because failure to replaceequipment in a timely manner will increase operational costs due to the high cost of repair and reducedstaff productivity. Poorly performing equipment can also pose possible unsafe working conditions forDistrict personnel.
Initiate one-year contracts for this equipment. This alternative is not recommended because multi-yearcontracts enable the District to exercise greater price leverage due to higher volume opportunities for thesuccessful bidders. Multi-year contracts also result in more standardized equipment with volume pricingfor maintenance parts, improved operations and maintenance training efficiencies.
ATTACHMENTS
P-035 CEP SummaryP-061 Affirmative Action Summary
I:\SEC\06_25_l 3Agenda Items\OMD_Construction_Equipment.doc
Construction EquipmentJune 25, 2013Page3
Construction Equipment BD-1Contracts Awarded
Schedule Equipment Vendor
15-Ton Industrial Cargo Deck Crane No Bids Received
7-Ton Industrial Cargo Deck Crane No Bids Received
III Compact Excavator Pape Machinery
IV Multi-Terrain Loader Pape Machinery
V Asphalt Paver No Bids Received
VI 40-Inch Vibratory Paving Roller Air and Tool Engineering
VII Small Roller Air and Tool Engineering
VIII Landscape Tractor No Bids Received
IX Mower Contour Sierra Aebi LLC
X Concrete Saw Air and Tool Engineering
XI Trailer Mounted Flagger No Bids Received
XII Articulated Loader With 2-1/2-Cubic-Yard Bucket Pape MachineryArticulated Loader With 3-Cubic-Yard Side Dump
Bucket and Midwestern Side BoomXIII Pape Machinery
XIV Vibratory Trench Roller Air and Tool Engineering
XV Sweeper Cresco Equipment Rentals
XVI Chipper No Bids Received
XVI1I-1 Trailers Pape Machinery
XVIII-2 Trailers Pape Machinery
XVIII-3 Trailers Pape Machinery
CONTRACT EQUITY PROGRAM SUWIMARY (P-035)This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
GENDER CONTRACTING PARTICIPATIONESTIMATED
AMOUNTCOMPANY NAME ETHNICITY
White-Men
White-Women
EthnicMinorities
PubliclyHeld Corp.
Gov't/NonProfit
W Unclassified Foreign
PRIME:
Pape Machinery, Inc.
SUBs for Pape Machnery, Inc. Only:
All American Logistics, Inc.
Big Sky Trucking
$1,597,030
$2,000
$2,000
$406,793
$512,895
$90,000
White
White
White
White
White
White
61.2%
0.1%
15.6%
19.6%
3.4%
0.1%
Air and Tool Engineering Company
Contour Sierra Aebi Terratrac, LLC
Tesco Equipment Rentals
TOTAL $2,610,718 0.0% 0.0% 0.0% 0.0%
No. of Employees:
Percent of Total Employees:
See P-61 FormMSA Labor Market %:
MSA Labor Market Location:
Contract Equity Participation - 99.9% White Men participation and 0.1% White Women participation
Workforce Profile & Statement of Nondiscrimination
SubmittedGood Faith Outreach Efforts
Requirement SatisfiedAwSfd Approval
©commendedI ^ wecomiNA YES
(P-035-7/11) Page. 1 of 1 File: Proposal-3176
AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
E&MU&
Title:Construction Equipment - Three-Year Contract
with ? flnp-Ypar Renpwal Onfinns
Proposals 1314
R=RecmmdP=PrimeS=Sub
Composition of Ownership
Company Name, Owner/Contact Person,Address, and Phone Number
RPWM-LBE(Sch.]ll,lV,
XII, andXVIII-1-3)Pape Machinery, Inc.
Robert Riecke
28600 Cedar Blvd.
Newark, CA 94560-4800
510-790-3600
RPWM - L/SBE (Sen. VI, VII,
X, and XIV)Air and Tool Engineering Company
Edward Cullinane
23520 Foley Street, Suite A
Hayward, CA 94545
510-785-9115
RP WM-SBE(Sch.lX)
Contour Sierra Aebi Terratrac, LLCSteve Rankin
17317 Coyote Lane
Anderson, CA 96007
530-357-3660
RP WM - LBE (Sen. XV)
Cresco Equipment Rentals
Chris J. Smith
318 Stealth Court
Livermore, CA 94551
925-961-0130
P WM - LBE
Peterson Tractor Co.Richard S. Hasper955 Marina Blvd.
San Leandro, CA 94577
510-357-6200
DATE:
5/31/2013
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
AA Plan on File:
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
AA Plan on File:
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
AA Plan on File:Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
AA Plan on File:
Co. Wide MSA:
Ethnic Minority Percentages From U.S. Census Data
National
9 Bay Area Counties
Alameda/CC Counties
B
13
-
4
4
5
-
NA
Oregon
-
-
-
-
NA
B
10.5
5.5
10.7
H
10.7
16.2
15.6
A/PI
3.7
14.2
15.4
Number of Ethnic Minority Employees
H
181
4
25
117
35
3
-
-
-
-
-
-
9 Bay Area Counties
-
-
-
j _ _ -
NA
Redding, CA
2
-
2
4
NA
Alameda Co.
Company Wide ]
Manager/Prof
Technical/SalesClerical/Skilled
Semi/Unskilled
3ay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/SalesClerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
16
3-
10
3
3
USA
-
--
-
-
43
2
4
12
25
43
60
78
31
14
7
A/PI
25
4
1
18
2, _ _
Al/AN
12
1
2
6
3
-
TOTAL
231
9
32
145
45
4Date of last contract with District:# Employees-Co. Wide:
1
-
-
-
1
1
-
-
-
-
1,740
1
0
0
0
Date of last contract with District:
# Employees-Co. Wide:
-
-
-
-
-
-
-
-
6
0
0
-
-
0
_ " . .Date of last contract with District:# Employees-Co. Wide:
7
-
2
5
-
1
--
1-
1
4
55
46
18
27
55
Date of last contract with District:
# Employees-Co. Wide:
|
211
i
# Employees-Co. Wide:
32
6
2
20
4
2
4
1-
1
2
# Employees-Co. Wide:
112
1710
62
23
12
923
AI/AN
0.7
0.4
0.5
PERCENT
13.3%
4.7%
8.5%
16.4%
15.7%
15.4%
9/1/2012
Bay Area:
16.7%
0.0%
0.0%
0.0%
100.0%
16.7%
5/8/2013
Bay Area:
0.0%
0.0%
NA
NA
0.0%
NA
8/21/2008
Bay Area:
26.1%
11.4%
17.1%
27.3%
[__ 36.0%
26.1%
3/14/2013
Bay Area:
TOTAL
27.3
39.9
46.2
MSA %
15.0%
39.9%
26
39.9%
39.9%
6
11..9%
39.9%
0
46.2%
39.9%
211I
Bay Area:
12.1%
10.6%
6.3%11.8% '
28.4%
7.9%
Bay Area:
39.9%
46.2%
39.9%
151WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black. H=Hispanic, A/Pl=Asian/Pacific Islander, and Al/AN=American Indian/Alaskan Native)
Page: 1 of1 File: Proposal -3176P-061 -7/11)
AGENDA NO.MEETING DATE June 25. 20 H
TITLE 24" AND LARGER STEEL PIPE - MORTAR LINED AND MORTAR COATED
M MOTION- • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Award a contract to the lowest responsive/responsible bidder, Ameron International, Inc., in the estimatedtotal amount of $660,274, for supplying various sized steel pipe for the period beginning July 1,2013 andending June 30,2014 under Proposal No. 1318.
SUMMARY
The pipe required under this contract will be used to complete installation of the first major segment of theDingee Pipeline referred to as Reach 1. Reach 1 of the Dingee Pipeline is approximately 7,000 feet inlength from the Dingee Pumping Plant at Claremont Center to the intersection of Broadway Terrace andProctor Avenue in the City of Oakland (see Attachment 1). Purchase of pipe for Reach 1 at this time willallow for an accelerated pipeline installation start date later this year. Purchases will be made to meetactual District needs and may be less than, or exceed, the estimated quantities stated in Proposal No. 1318.The term of the contract is for a single year due to the volatility of market prices for steel.
DISCUSSION
The Dingee Pipeline and Claremont Center Aqueducts Replacements Project includes the installation ofapproximately three miles of 20- to 54-inch large diameter transmission mains and approximately twomiles of 6- to 12-inch diameter distribution pipes in the Cities of Berkeley and Oakland. The DingeePipeline is a primary transmission pipeline that provides water to 18,000 customers in the Oakland Hills.The Board is scheduled to consider award of the construction contract on August 13,2013.
VENDOR SELECTION
Requests for proposals were made public on the District's business website from April 12 to May 1, sentto three resource organizations, and to 103 potential proposers. Two bid responses were received, one ofwhich was determined to be non-responsive. Ameron submitted the lowest responsive bid and wasselected.
Funds Available: FY14
DEPARTMENT SUBMITTING
Finance
DEPARTMENT^MAMA
X
Eric L.
Budget Code: VAR/VAR
GERw-D^RECTOR
Sandier
APPR
/<
OVED
General Manager
6 ^Contact the Office of the District Secretary with questions about completing or submitting this form.
24" And Larger Steel Pipe- Mortar Lined And Mortar CoatedJune 25, 2013Page 2
CONTRACT EQUITY PROGRAM EFFORTS
The completed P-035 and P-061 forms are attached.
FISCAL IMPACT
Funds are available for this purchase in the FY 13-14 budget.
ALTERNATIVES
Reject all bids and support requirements by purchasing each line-item pipe diameter on the openmarket. This approach is not recommended as it will increase administrative costs and the District willlikely not receive volume pricing, thereby resulting in higher prices being paid for steel pipe.
Attachments
I:\SEC\06-25-13 Agenda Items\ FIN - BD1 Dingee Pipe 062513
E&MUD CONTRACT EQUITY PROGRAM SUMMARY (P-035)This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
PROPOSAL NO.: 1318
"24" and Larger Steel Pipe - Mortar Lined and Mortar Coated - One-Year
ContractJune 10, 2013
CONTRACTOR:
Ameron International, Inc.Tracy, CA
Sole BidderLocal Business
Availability Group Contracting Objectives Participation
FIRM'S OWNERSHIPBID/PROPOSER'S
PRICE:
White Men 25% 0.0%
Ethnicity Gender White Women 2% 0.0%
$660,274 Publicly Held Corp. Ethnic Minorities 25% 3.0%
GENDER CONTRACTING PARTICIPATIONESTIMATED
AMOUNTCOMPANY NAME ETHNICITY
White-Men
White-Women
EthnicMinorities
PubliclyHeld Corp.
Gov't/NonProfit
W Unclassified Foreign
'RIME:
Ameron International, Inc.
SUBS:
Morthern Truck and Equipment
Publicly HeldCorp.
$640,609 97.0%
$19,66! Asian 3.0%
TOTAL $660,274
White Men
0.0% 3.0%0.0% 0.0% 97.0% 0.0%0.0%
White Women Ethnic Minorities Total Employees
No. of Employees: 29 126
Percent of Total Employees: 18.5% 1.3% 80.3%157
28.1%MSA Labor Market %: 24.5% 47.4%
MSA Labor Market Location: Stockton-Lodi
Contract Equity Participation - 3% Ethnic Minority participation
Workforce Profile & Statement of Nondiscrimination
SubmittedGood Faith Outreach Efforts
Requirement Satisfied.ward Approval
:ecoj3jmended$N
NA YES
r/r(P-035-7/11) e: 1 of 1 File: Proposal-3179
AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)1 P-025 Form regarding their workforce.
EBMUD
Title:"24" and Larger Steel Pipe - Wlortar Lined and
Mortar Coated - One-Year Contract
Proposal*: 1318
R=RecmmdP=PrimeS=Sub
Composition of Ownership
Company Name, Owner/Contact Person,Address, and Phone Number
RP Publicly Held Corp.-LBE
Ameron International, Inc.
Tony Catizzone
10100W. LinneRoad
Tracy, CA 95377
209-836-5050
WM=White Male
DATE:
6/10/2013
Ethnic Minority Percentages From U.S. Census Data
National
9 Bay Area Counties
Alameda/CC Counties
B
10.5
5.5
10.7
H
10.7
16.2
15.6
| A/PI
3.7
14.2
15.4
AI/AN
0.7
0.4
0.5
^TOTAL
27.3
39.9
46.2
Number of Ethnic Minority Employees
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
AA Plan on File:
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
B
1
-
-
1
-
-
H
I 122
6
10
102
4
-
A/PI
-
2
1
AI/AN
-
-
-
-
TOTAL
I 126
i 6
| 10
105
' 5
-NA Date of last contract with District:
Stockton-Lodi # Employees-Co. Wide: 157
# Employees-Co. Wide:
# Employees-Co. Wide:
# Employees-Co. Wide:
i
# Employees-Co. Wide:
Say Area j ]
Co. Wide MSA: I
ii
I
i1
!
# Employees-Co. Wide:
PERCENT
80.3%
42.9%
90.9%
83.3%
83.3%
NA
3/30/2004
Bay Area:
Bay Area:
Bay Area:
Bay Area:
Bay Area:
WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic. A/PI=Asian/Pacific Islander and Al/AN=American Indian/Alas
Bay Area:
MSA%
47.8%
39.9%
0
39.9%
39.9%
39.9%
39.9%
39.9%
Page: 1 of 1P-061 -7/11) File: Proposal-3179
AGENDA NO. _MEETING BATE June 25. 2013
TITLE HAPPY VALLEY, SUNNYSIDE, ANB DONALD PUMPING PLANTS, AND ARDITHRESERVOIR PROJECT - ACOUSTICAL ENGINEERING SERVICES
El MOTION- D RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Authorize an agreement with Illingworth & Rodkin, Inc. in an amount not to exceed $83,351 to provideacoustical engineering services for the Happy Valley, Sunnyside, and Donald Pumping Plants, threeprojects approved in the Water Treatment and Transmission Improvements Program (WHIP)Environmental Impact Report (EIR) certified by the Board of Directors in December 2006.
SUMMARY
District staff is in the pre-design phase for the design and construction of the new Happy Valley,Sunnyside, and Donald Pumping Plants, and a new Ardith Reservoir (see attached map, which locates allof the WTTIP projects). As part of a Settlement Agreement between the District and the City of Orinda(City) dated February 8,2007, the District is required to convene a Citizens Liaison Committee (CLC)consisting of local residents and city staff to provide input to the acoustical engineering evaluations andmitigation recommendations for three pumping plants. Subsequent to the CLC process, acousticalmitigations will be incorporated into the District's construction contract documents. The projects werediscussed at the Planning Committee on March 26, 2013 and June 11, 2013.
DISCUSSION
Happy Valley, Sunnyside, and Donald Pumping Plants, and the Ardith Reservoir are new facilitiesrequired to improve the distribution system in the Lamorinda area by addressing existing and futuresystem capacity deficiencies in the Las Aromas, Valley View, Baseline, and Bryant Pressure Zones.Per the California Environmental Quality Act, the WTTIP EIR analyzed the impacts and developedmitigations. Prior to Board certification of the EIR and approval of all projects in the EIR, the City raisedconcerns regarding the impact of certain WTTIP projects contained in the EIR. Subsequently, the Districtentered into a Settlement Agreement with the City which outlined measures to address the City's concernsincluding formation of a CLC to provide input on acoustical engineering evaluation issues for theHappy Valley, Sunnyside, and Donald Pumping Plants.
Funds Available: FY12-13; CIP #2003498; page 2.4-58 Budget Code: WSC/522/7999/5231/2008400:16
DEPARTMENT SUBMITTING
Engineering and Construction
DEPARTMENT MANAGER or DIRECTOR
Xavier J. Irias
APPROVED
1 — j ^ 2- SSL. ; !^_
G^peral Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BDl PS 1008
Happy Valley, Sunnyside, and Donald Pumping Plants, and Ardith Reservoir Project - AcousticalEngineering ServicesJune 25, 2013Page 2
CONSULTANT SELECTION
A Request for Proposals was sent to seven firms with expertise in acoustical engineering services. Twofirms submitted proposals and both firms were interviewed based on their qualifications and experience.Illingworth and Rodkin, Inc. was selected based on its expertise in acoustical analysis, preparation ofnoise reduction mitigations for several pumping plants, presenting technical noise data and abatementrecommendations at public hearings, and overall project approach and understanding of the projectrequirements, including community concerns.
CONTRACT EQUITY PROGRAM
The completed P-035 and P-061 forms are attached.
FISCAL IMPACT
This item is included in the FY12-13 Capital Improvement Program under the Water Treatment andTransmission improvement Program Distribution Improvements.
UNION NOTIFICATION
Locals 2019 and 21 were notified of this contract on November 7, 2012. Locals 2019 and 21 did not raiseany issues to this contract.
ALTERNATIVES
Perform the Work with District Forces. This alternative is not recommended because District staffdoes not have the necessary experience and expertise to complete this work. The work requires anexperienced acoustical engineering firm to provide necessary documentation and plans for the CLCprocess and to independently develop noise reduction mitigations for each site.
Do Not Perform the Work. This alternative is not recommended because the Happy Valley, Sunnyside,and Donald Pumping Plants Project include new critical infrastructure analyzed and approved in theWTTIP EIR and would be in conflict with the Settlement Agreement.
Attachments: Vicinity MapContract Equity Program Summary (P-035)Affirmative Action Summary (P-061)
I:\Sec\06-25-13 Board Agenda Items\E&C Happy Valley Sunnyside Donald Pumping Plants and Ardith Reservoir Project, Acoustical Services sbl3_057.doc
CONTRACT EQUITY PROGRASi SUMMARY (P-035)EBMUO This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)
Professional Services Agreement from Consultant Roster
Happy Valley, Sunnyside, and Donald Pumping Plants and Ardith ReservoirProject
March 12,2013
CONTRACTOR:
Illingworth & Rodkin, Inc.Petaluma, CA
Small Business Availability Group Contracting Objectives Participation
FIRM'S OWNERSHIPBID/PROPOSER'SPRICE:
White Men 25% 100.0%Ethnicity Gender White Women 6% 0.0%
$83,351 White Men 25% 0.0%
^^SIfliiSl-l^^^^§,SmaGENDER CONTRACTING PARTICIPATION
ESTIMATEDAMOUNT
COMPANY NAME ETHNICITYWhite-Men
White-Women
EthnicMinorities
PubliclyHeld Corp.
Gov't/NonProfit
Unclassified Foreign
'RIME:
Illingworth & Rodkin, Inc.
VBS:
Sione
$83,351 White 100.0%
TOTAL $83,351 100.0% 0.0% 0.0% 0.0% 0.0%0.0% 0.0%
White Men White Women Ethnic Minorities Total Employees
No. of Employees: 10
Percent of Total Employees: 76.9% 15.4% 7.7% 13
MSA Labor Market %: 39.8% 36.9% 23.4%
MSA Labor Market Location: Santa Rosa
Contract Equity Participation -100% White Men participation and no subcontract opportunities exist.
Illingworth & Rodkin, Inc.'s Affirmative Action profile is less than 50% workforce diversity based on the applicable MSA. TheDistrict will notify them of their non-compliance and that future awards may be denied if the workforce diversity remains lessthan 50% of the MSA and if they fail to document Good Faith Efforts to increase workforce diversity. An Affirmative ActionPolicy Statement is on file.
Workforce Profile & Statement of NondiscriminationSubmitted
Good Faith Outreach EffortsRequirement Satisfied
_^^ AwardApprovaljQ^_\^^ecomfl jended
\V^>ON FILE NA
(P-035-7/11) Page 1 of 1 File: PS-3135
AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
BBMUD
Title:Happy Valley, Sunnyside, and Donald Pumping
Plants and Ardith Reservoir Project
ssional Services Agreement
R=RecmmdP=PrimeS=Sub
Composition of Ownership
Company Name, Owner/Contact Person, Addressand Phone Number
RP WM - SBE
lllingworth & Rodkin, Inc.
Fred M. Svinth
505 Petaluma Blvd., South
Petaluma, CA 94952
707-766-7700
P WM - LBE
Rincon Consultants, Inc.
Michael P. Gialketsis
180 Grand Avenue, Suite 400
Oakland, CA 94612
510-834-4455
DATE:
3/12/2013
Ethnic Minority Percentages From U.S. Census Data
National
9 Bay Area Counties
Alameda/CC Counties
B
10.5
5.5
10.7
I H
10.7
16.2
15.6
| A/PI
3.7
14.2
15.4
| AI/AN
0.7
0.4
0.5
TOTAL
27.3
39.9
46.2
Number of Ethnic Minority Employees
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
AA Plan on File:
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
B
-
-
--
-
-
H
-
-
--
-
-
3/12/2013
Santa Rosa
A/PI
1
-
1-
-
AI/AN
-
--
-
TOTAL
1
0
1-
-
Date of last contract with District:
# Employees-Co. Wide:
I
-
--
-
-
-
6
41
1-
Ventura
# Employees-Co. Wide:
2
2-
-
-
-
--
-
-
-
# Employees-Co. Wide:
# Employees-Co. Wide:
# Employees-Co. Wide:
# Employees-Co. Wide:
13
8
6
11-
0
70
PERCENT
7.7%
0.0%
50.0%
NA
NA
8.3%
7/1/2008
Bay Area:
Bay Area:
11.4%
9.5%
33.3%
25.0%
NA
0.0%
Bay Area:
MSA %
23.4%
39.9%
12
39.9%
39.1%
39.9%
1
j 39.9%Bay Area:
]Bay Area:
Bay Area:
39.9%
39.9%
WM=White Male, WW=White Women. EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
Page: 1 of 1P-061 -7/11) File: PS-3135
Water Treatment and Transmission Improvements Program Location Map
AGENDA NO.BATE June 25. 2013
TITLE HAPPY VALLEY, SUNNYSIDE, AND DONALD PUMPING PLANTS, AND ARBITHRESERVOIR PROJECT - ARCHITECTURAL AND LANDSCAPE SERVICES
m MOTION . • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Authorize an agreement with Royston Hanamoto Alley & Ab| ey (RHAA) in an amount not to exceed$435,782 to provide architectural and landscape services for the Happy Valley, Sunnyside, and DonaldPumping Plants, and Ardith Reservoir, four projects approve^ in the Water Treatment and TransmissionImprovements Program (WTTIP) Environmental Impact Report (EER) certified by the Board of Directorson December 12,2006. In awarding this contract, the Board of Directors finds that this work cannot besatisfactorily performed under civil service.
District staff is in the pre-design phase for the design and construction of the new Happy Valley,Sunnyside, and Donald Pumping Plants, and a new Ardith Reservoir (see attached map, which locates allof the WTTIP projects). As part of a Settlement Agreement between the District and the City of Orinda(City) dated February 8,2007, the District is required to convene a Citizens Liaison Committee (CLC)consisting of local residents and city staff to provide input to the architectural and landscape plans forthree pumping plants and one reservoir. Subsequent to the CLC process, architectural, landscape, andirrigation drawings and specifications will be incorporated inijo the District's construction contractdocuments. The projects were discussed at the Planning Committee on March 26 2013 andJune 11,2013.
DISCUSSION
Happy Valley, Sunnyside, and Donald Pumping Plants, and the Ardith Reservoir are new facilitiesrequired to improve the distribution system in the Lamorinda area by addressing existing and futuresystem capacity deficiencies in the Las Aromas, Valley View,) Baseline, and Bryant Pressure Zones. Perthe California Environmental Quality Act, the WTTIP EIR analyzed the impacts and developedmitigations. Prior to Board certification of the EIR and approval of all projects in the EIR, the City raisedconcerns regarding the impact of certain WTTIP projects contained in the EIR. Subsequently, the Districtentered into a Settlement Agreement with the City which outlined measures to address the City's concernsincluding formation of a CLC to provide input on visual, aesthetic, and landscaping issues for the HappyValley, Sunnyside, and Donald Pumping Plants, and Ardith Reservoir. The District is initially required to
Funds Available: FY12-13; CIP #2003498; page 2.4-58 Budget Code: WSC/522/7999/5231/2008400:16
DEPARTMENT SUBMITTING DEPARTMENT MANAGER or DIRECTOR APPROVED
Engineering and Construction
Xavier J. Irias neral Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BDl PS 100S
Happy Valley, Sunnyside, and Donald Pumping Plants, and Ardith Reservoir Project - Architectural andLandscape ServicesJune 25, 2013Page 2
provide conceptual plans of architectural and landscaping treatments consistent with the site layouts andvisual simulations in the approved WTTTP EIR to facilitate input from the CLC.
CONSULTANT SELECTION
A Request for Proposals was sent to 34 firms with expertise in architectural services. Eight firmssubmitted proposals and four firms were interviewed based on their qualifications and experience.RHAA was selected based on its expertise!. RHAA prepared a superior proposal that succinctlydemonstrated their skills, knowledge and ebilities in completing the tasks outlined in the proposal;demonstrated more extensive experience in architecture and landscaping of numerous pumping plantsand several reservoir facilities for public agencies; and demonstrated experience in presenting materialsto citizen committees with the ability to listen and respond to community concerns, specificallyidentifying the need to listen to stakeholder audiences and present the technical concepts in a clearmanner to address community issues.
CONTRACT EQUITY PROGRAM
The completed P-035 and P-061 forms are attached.
FISCAL IMPACT
This item is included in the FY12-13 Capital Improvement Program under the Water Treatment andTransmission Improvement Program Distribution Improvements.
UNION NOTIFICATION
Locals 2019 and 21 were notified of this contract on November 7, 2012. Locals 2019 and 21 raised issuesrelated to the District's architectural and landscape staffing needs. The District and Local 2019 met onDecember 13, 2012, January 11,2013, and May 8 and 29,2013. Local 21 attended the May 29th meeting.The District and the Locals remain in disagreement.
ALTERNATIVES
Perform the Work with District Forces. This alternative is not recommended because District staffdoes not have the necessary experience and expertise to complete this work. The work requires anexperienced architectural and landscape design team to provide necessary documentation and plans forthe CLC process and to independently develop alternatives for each site and focus efforts toward a finaldesign layout. The projects pose design challenges including establishing an aesthetic architecturalcontext while fulfilling the facility's functional requirements. The work also requires an experiencedneutral third party as the projects are located in highly visible locations that require establishing anarchitectural theme and need extensive community engagement and District staff are not viewed as aneutral party.
Happy Valley, Sunnyside, and Donald Pumping Plants, and Ardith Reservoir Project - Architectural andLandscape ServicesJune 25, 2013Page 3
Do Not Perform the Work. This alternative is not recommended because the Happy Valley, Sunnyside,and Donald Pumping Plants, and the Ardith Reservoir Project include new critical infrastructure analyzedand approved in the WTTIP EIR and would be in conflict w th the Settlement Agreement.
Attachments: Vicinity MapContract Equity Program Summary (P-03 5)Affirmative Action Summary (P-061)
i::\Sec\06-25-13 Board Agenda Items\E&C Happy Valley Sunnyside Donald Pumping Plants and Ardith Reservoir Project, Architectural and LandscapeServices sbl3 047.doc F
Water Treatment and Transmission Improvements Program Location Map
CONTRACT EQUITY PROGRAM SUMMARY (P-035)This summary contains information on the contractor's workforce and] contract equity participation. (Completed by District)EBMUD)
Professional Services Agreement from Consultant Roster
Happy Valley, Sunnyside & Donald Pumping Plants & ArdithProject - Architectural & Landscape Serivces
March 1,2013Reservoir
CONTRACTOR:
Royston, Hanamoto, Alley & AbeyMill Valley, CA
Small Business Ava lability Group Contracting Objectives Participation
Whi1FIRM'S OWNERSHIPBID/PROPOSER'SPRICE:
hite Men 25% 0.0%
Ethnicity Gender lite WomenWhi 6% 0.0%$435,782 Multi-Ethnic Female Ethnic Minorities 25% 100.0%
ML'- " - ' - " 25525r«]GENDER CONTRACTING PARTICIPATIONESTIMATED
AMOUNTCOMPANY NAME ETHNICITY
I White-Women
White-Men
EthnicMinorities
PubliclyJeldCorp
Gov't/NonProfit
Unclassified ForeignPRIME:
Royston, Hanamoto, Alley & Abey
SUBS:
None
$435,782 Multi-Ethnic 100.0%
TOTAL $435,782 0.0% 0.0% 100.0% 0.0% 0.0%0.0% 0.0%
White WorrWhite Men Ethnic Minorities Total Employeesen
No. of Employees: 16 13
Percent of Total Employees: 44.4% 36.1% 19.4% 36
MSA Labor Market %: 42.8% 38.4% 18.8%
Contract Equity Participation - 100% Ethnic Minority participation.
Workforce Profile & Statement of NondiscriminationSubmitted
Good Faith Outreach EffortsRequirement Satisfied
Award ApprovalK Reooi^nended
NA NA
(P-035 - 7/11) Page: 1 of 1 File: PS-3139
AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)E&MUE3
vided by the contractors)1 P-025 Form regarding their workforce.This summarizes information pr
Title: Happy Valley, Sunnyside & DonaldPumping Plants & Ardith Reservoir Pro'ject -
Architectural & Landscape Serivces
ssional Services Agreement
R=RecmmdP=PrimeS=Sub
Composition of Ownership
Company Name, Owner/Contact Person, Addressand Phone Number
RP EM:ME-SBERoyston, Hanamoto, Alley & AbeyBarbara Lundburg
225 Miller AvenueMill Valley, CA 94941
415-383-7900
P WW-SBE
Merrill Morris PartnersCathy Merrill249 Front Street
San Francisco, CA 94111
415-291-8960
P WW - USBE
Muller & Caulfield ArchitectsRosemary Muller
339 15th Street, Suite 300Oakland, CA 94612
510-832-8560
P WM - USBESiegfried Engineering, Inc.Anthony J. Lopes3244 Brookside Road, Suite 100Stockton, CA 95219
209-943-2021
DATE:
3/1/20(13
Ethnic Minority Percentages From U.S. Census Data
National
9 Bay Area Counties
Alameda/CC Counties
B
10.5
5.5
10.7
I H
10.7
16.2
15.6
A/PI
3.7
14.2
15.4
| AI/AN
0.7
0.4
0.5
TOTAL
27.3
39.9
46.2
Number of Ethnic Minority Employees
Company Wjde
Manager/Prof
Technical SalesClerical/Silled
Semi/Unskilled
Bay Area
AA Plan op File:
Co. Wide |WSA:
Company W|de
Manager/Prof
Technical/SalesClerical/SilledSemi/Unskilled
Bay Area
Co. Wide (VISA:
Company Wide
Manager/P,rofTechnical/^alesClerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide ijASA:
Company W(de
Manager/prof
Technical/kalesClerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide l(/ISA:
Company Wide
Manager/FJrofTechnical/SalesClerical/SilledSemi/Unskilled
Bay Area
Co. Wide IJ/ISA:
Company Wi^e
IVianager/Fjrof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide IJ/ISA:
B
-
---
-
-
H
---
-
-
A/PI
6
4
2-
-
AI/AN
1--
1-
6 | 1
TOTAL
7
421-
7
NA Date of last contract with District:Marin County # Employees-Co. Wide:
# Employees-Co. Wide:
----
-
----
-
----
-
----
-
9 Bay Area Counties # Employees-Co. Wide:
- 1 "-----
-
---
-
-
---
-
---
-
Oakland # Employees-Co. Wide:
-
----
1
---
1
3
21--
----
36
0
000-
0
9
0
0---
0
3
4
210-
Information Not Provided
California # Employees-Co. Wide:
I# Employees-Co. Wide:
25
PERCENT
19.4%
23.5%
15.4%16.7%
NA
19.4%
5/5/2010
Bay Area:
Bay Area:
0.0%
0.0%0.0%0.0%
NA
0.0%
Bay Area:
0.0%
0.0%
NANA
NA
0.0%
Bay Area:
16.0%
12.5%
16.7%0.0%
NA
Bay Area:
IBay Area:
MSA %
18.8%
39.9%
36
39.9%
39.9%
39.9%
8
47.8%
39.9%
3
48.4%
39.9%
NA
39.9%
WM=White Male. WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
Page: 1 of 1 File: PS-3139P-061 -7/11)
MEETING DATE June 25.2013
T I T L E AGREEMENT FOR ON-LINE STORE FULFILLMENT AND WAREHOUSING
EMOTION • RESOLUTION •ORDINANCE
RECOMMENDED ACTION
Authorize an agreement with Ad-Mail, Inc. for an amount nojt to exceed $50,000 annually to fulfillcustomer orders from EBMUD's on-line store for the period July 1, 2013 through June 30,2016, withthree one-year options to extend.
SUMMARY
The District has web-enabled many key customer transactions since 2004. The District's on-line store hasallowed customers to conveniently order free water conservation devices, school education materials, andpurchase items such as the District's plant book. The Ad-Majl, Inc. fulfillment center contract provideswarehousing and distribution services for the on-line store transactions and other direct mail services.
DISCUSSION
Under the proposed contract, District customers would be able to continue to order water conservationmaterials, devices, plant books and other items via the Districjt's website. Ad-Mail, Inc. will receive theorder, pick inventoried items to fill the order, package the merchandise and ship the order within twobusiness days. The contract covers Ad-Mail's costs for labor,!packing materials, storage and shipping.
VENDOR SELECTION
Ad-Mail, Inc. was selected through a Request for Proposals competitive process that was sent to morethan seventy firms. Eight firms responded and Ad-Mail, Inc. ^vas ranked the highest, as being the mostqualified and cost competitive to warehouse and fulfill customer orders. Ad-Mail, Inc., located inHay ward, was selected based upon a combination of its strong qualifications, experience, and competitiveprice. This agreement would represent Ad-Mail's second consecutive award. Ad-Mail has providedongoing warehousing and fulfillment services for the District ^ince 2007.
CONTRACT EQUITY PROGRAM
Completed P-035 and P-061 forms are attached.
Funds Available FY: FY14-FY15 Budget Code: 3j 14-1000481:11, 15, 16 7999-5241
DEPARTMENT SUBMITTING
Administration
DEPARTMENT MANAGER or DIRECTOR APPROVED
Carol Nishita
Contact the Office of the District Secretary regarding questions about completing or submitting this form.
BDl PS 0705
FulfillmentAgreement for On-Line StoreJune 25, 2013Page 2
and Warehousing
FISCAL IMPACT
Funds for this warehousing and order fulfillment contract are available in the FY14-15 adopted budget.
UNION NOTIFICATION
Locals 2019 and 21 were notified of thiswith this contract.
ALTERNATIVE
Conduct the work with in-house staff.
contract on May 31,2013 and did not raise any specific issues
'his alternative is not recommended because these fulfillmentservices are of a specialized nature outside of current District operations. The District lacks appropriatewarehouse space, necessary specialized equipment, and experience in commercial fulfillment of customerorders.
Award the contract to another firm. This alternative is not recommended because Ad-Mail, Inc.submitted the best overall proposal for fulfilling customer orders being sought by the District.
CONTRACT EQUITY PROGRAJW! SUMMARY (P-035)Thus summary contains information on the contractor's workforce arjd contract equity participation. (Completed by District)EBmUD
General Services Agreement
On-Line Store Fulfillment and Warehousing - Three-Year Contract with 3One-Year Renewal Options
May 31, 2013
CONTRACTOR:
AdMail Express, Inc.Hayward, CA
0.0%
i "7ft
CONTRACTING PARTICIPATIONCOMPANY NAME ETHNICITY
AMOUNT White-Men
White-Women
EthnicMinorities
PubliclyHeld Corp.
Gov't/NonProfit
W Unclassified Foreign
'RIME:
AdMail Express, Inc.
SUBS:
None
$300,000 White 100.0%
TOTAL $300,000 100.0% 0.0% 0.0% 0.0%0.0% 0.0% 0.0%
White WorjnenWhite Men Ethnic Minorities Total Employees
No. of Employees:
Percent of Total Employees: 40.0% 26.7% 33.3% 15
MSA Labor Market %: 32.3% 27.8% 39.9%
MSA Labor Market Location: 9 Bay Area Counties
Contract Equity Participation - 100% White Men participation.
Workforce Profile & Statement of NondiscriminationSubmitted
Good Faith Outreach EffortsRequirement Satisfied
NA N,,A]
(P-035-7/11) Page: 1 of 1 File: GS-3171
AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)emmvo
vided by the contractor(s)' P-025 Form regarding their workforce.This summarizes information pn
Title: On-Line Store Fulfillment anc- Three-Year Contract with
Warehousing3 One-Year
Renewal Options
General Services Agreement
R=RecmmdP=PrimeS=Sub
Composition of Ownership
Company Name, Owner/Contact Person, Address,and Phone Number
RP WM - USBE
AdMail Express, Inc.
Brian M. Schott
31640 Hayman Street
Hayward, CA 94544
510-471-6200
P WW-SBE
Pacfull
Jennifer Huder
2645 Mercantile Drive
Rancho Cordova, CA 95742
916-233-1488x130
P WM - L/SBE
OnFulfillment, Inc.
Steve Friar
37840 Filbert Street
Newark, CA 94560
510-793-3009
P WM
WorkflowOne, LLC
Thomas Koenig
220 East Monument Avenue
Dayton, OH 45402
877-735-4966
DATE:
5/31/20 13
Company Wide
Manager/PJ-of
Technical/Sales
Clerical/Skilled
Semi/Unsk
Bay Area
lied
AAPIanon; File:
Co. Wide AJISA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Sk
Semi/Unsk
lied
lied
Bay Area
Co. Wide HJISA:
Company Wide
Manager/Prof
Technical/^ales
Clerical/Skjlled
Semi/Unsk|IIed
Bay Area
Co. Wide JijlSA:
Company Wkte
Manager/P^of
Technical/Sales
Clerical/Skilled
Semi/Unski)led
Bay Area
Co. Wide I^SA:
Company Wide
Manager/Pipf
Technical/Scales
Clerical/Ski|led
Semi/Unskijled
Bay Area
Co. Wide lv]SA:
Company Wide
Manager/Pijof
Technical/jjales
Clerical/Sk'
Semi/Unsk'
Bay Area
Co. Wide IV
WM=White Male. WW=Whi!e Women, EM=Ethnic Minority (Ethnicities
P-061 -7/11)
Ethnic Minority Percentages From U.S. Census Data
National
9 Bay Area Counties
Alameda/CC Counties
B
-
-
NA
B
10.5
5.5
10.7
H
10.7
16.2
15.6
A/PI
3.7
14.2
15.4
dumber of Ethnic Minority Employees
H
3
-
1
1
1
3
9 Bay Area Counties
|
1
-
-
2
_ _ _ _ _ _ JCalifornia
1
-1
-
-
-
14
-
1
3
10
5
10
2
1-
7
10
9 Bay Area Counties
140
16
57
61
-
USA
led !
led_ i
i
SA~i
122
17
8
32
65
-
s
A/PI
2
1
1-
-
2
AI/AN
-
-
-
-
-
-
TOTAL
5
1
2
1
1
5
Date of last contract with District:
# Employees-Co. Wide:
# Employees-Co. Wide:
9
-
4
2
3
8
-
-
-
-
-
# Employees-Co. Wide:
16
3
3-
10
15
-
--
--
-
# Employees-Co. Wide:
m42JL™_9__.11
3
12
16
-
1
-4
4
-
# Employees-Co. Wide:
I ,
15
26
1
5
5
15
13
52
27
5
5
17
25
43
313
45
17
105
146
1,895
# Employees-Co. Wide:
AI/AN
0.7
0.4
0.5
PERCENT
33.3%
j 16.7%
33.3%
50.0%
100.0%
33.3%
6/19/2012
Bay Area:
Bay Area:
50.0%
10.0%
50.0%
50.0%
68.2%
65.0%
Bay Area:
62.8%
41.7%
41.7%
NA
89.5%
64.1%
Bay Area:
16.5%
9.5%
6.0%
19.3%
24.4%
NA
Bay Area:
Bay Area:B=Black, H=Hispanic, A/Pl=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
Page: 1 of 1 File: GS
TOTAL
27.3
39.9
46.2
MSA %
39.9%
39.9%
15
39.9%
48.4%
39.9%
20
39.9%
39.9%
39
27.2%
39.9%
0
39.9%
-3171
G DATE June 25, 2013
TITLE DEPARTMENT OF TRANSPORTATION D IXJG ANDPARTY ADMINISTRATOR CONTRACT AWARD
ALCOHOL TESTING THIRD
EMOTION • RESOLUTION •ORDINANCE
RECOMMENDED ACTION
Authorize an agreement with American Industrial Care, Inc.) (AIC) in the estimated annual amount of$25,000 for the period of July 1, 2013 through June 30,2018, with 3 options to extend for one year, toserve as Third Party Administrator (TPA) of the District's department of Transportation (DOT) Drug andAlcohol Testing Program.
SUMMARY
This action will allow the District to remain in compliance with State and Federal testing mandatesrequiring periodic drug and alcohol testing for commercial vehicle drivers after June 30, 2013, when theexisting contract with the present TPA vendor expires. This agreement was discussed at theLegislative/Human Resources Committee on June 11, 2013.1
DISCUSSION
The District is required to adhere to DOT Rule 49 CFR Part 40 and CA State Code (Div. 14.8, S. 34520)by implementing a Drug and Alcohol Testing Program for employees who are commercial drivers inorder to help ensure safe vehicle operation. The District program has been in place since 1995. In additionto meeting compliance requirements, this program positively] influences employee behavior and generallyhelps to promote safe work practices.
CONSULTANT SELECTION
Requests for proposals (RFP) were posted on the District's w,ebsite. In addition, nine RFPs were sent toselected potential providers. Five proposals were received, one of which was non-responsive. The selectedproposal is a minority-owned local small business. A joint labor/management selection committeeunanimously selected AIC. Their proposed contract costs are very competitive based on industrystandards and the firm has a demonstrated track record of providing quality, timely testing services.
Funds Available: FY Budget Code: I
DEPARTMENT MANAGER or DIRECTORDEPARTMENT SUBMITTING
Human Resources
APPROVED
/H^^ArjgQjL^v\ Ggjferal ManagerDelores Turner
Contact the Office of the District Secretary with questions about completing or submitting this form.
BDl PS 1008
Department of Transportation Drug and Alcohol Testing Third Party Administrator Contract AwardJune 25,2013Page 2
CONTRACT EQUITY PROGRAM EFFORTS
The completed P-035 and P-061 forms are attached.
FISCAL IMPACT
budget. The AIC bid includes a price adjustment clause that willeach fiscal year.
Funds for FY14 are included in the FY14increase the annual contract value by approximately $150
UNION NOTIFICATION
On February 22, 2013, a memo notifying :hem of our intent to solicit proposals for DOT TPA testingservices was sent to Local 444 and Local 21. Both Unions were invited to participate in the vendorselection process. Local 21 declined to paticipate, citing confidence in ongoing District management ofthe program. Local 444 designated the Chief Steward as a representative who actively participated in theselection process. Both Local 21 and Loca1444 support AIC's selection.
ALTERNATIVES
Reject the current proposal and reopen the RFP process. This alternative is not recommended. Therecommended service provider has provided consistent quality services to referenced organizations, isacceptable to the impacted Unions and is offering competitive pricing.
Do not create a contract and award each test to available DOT service providers on a case-by-casebasis. This is not recommended. Such a business process compromises the District's ability to leverageeffective and timely service at a reasonabl 3 price in an area where it is critical that the District as well asthe effected employees receive timely, accurate services.
Attachments
CONTRACT EQUITY PROGRAM SUMMARY (P-035)EBMUD This summary contains information on the contractor's workforce ana contract equity participation. (Completed by District)
Professional Services Agreement
Department of Transportation Drug and Alcohol Testing Third PartyAdministrator - Five-Year Contract with 3 One-Year Renewal Options
May 15, 2013
CONTRACTING PARTICIPATIONGENDERESTIMATED
AMOUNTCOMPANY NAME ETHNICITY
White-Men
White-Women
EthnicMinorities
PubliclyHeld Corp.
Gov't/NonProfit
M Unclassified Foreign
PRIME:
American Industrial Care, Inc.
SUBS:
None
$25,000 White 100.0%
TOTAL $25,000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 0.0%
White Men White Women Ethnic Minorities Total Employees
No. of Employees:
Percent of Total Employees: 38.5% 15.4% 46.2% 13
MSA Labor Market %: 32.3% 27.8% 39.9%
MSA Labor Market Location: 9 Bay Area Counties
Contract Equity Participation -100% White Women participation and nosubcontract opportunities exist.
Workforce Profile & Statement of NondiscriminationSubmitted
Good Faith Outreach EffortsRequirement Satisfied
Award*ApprovalV A ^ y Reeommended
NA NAj
(P-035-7/11) Page: 1 of 1 File. PS - 3167
EBMUD
>
This summarizes in
AF
"ormatron p
FiRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
ovided by the contractors)' P-025 Form regarding their workforce.
rae: Department of Transportation Drug and Alcohol
Testing Third Party Administrator - FivenYear
Contract with 3 One-Year Renewal Options
ssional Services Agreement
R=RecmmdP=PrimeS=Sub
Composition of Ownership
Company Name, Owner/Contact Person, Addressand Phone Number
RP | WW - USBE
American Industrial Care, Inc.
Sherry Von Stieff
2477 Pacheco Street
Concord, CA 94520
925-674-8080
> EMM:B - L/SBE
Kofi Opong-Mensah
109 Thistle Court
Hercules, CA 94547
510-245-9334
S WM
Roger Hornby
300 Welsh Road, Building 4, Ste. 160
Horsham, PA 19044
800-770-0531
P EMW:B - L/SBE
Regina Jones
8105 Edgewater Drive, #225
Oakland, CA 94621
510-777-0304
WM - LBE
Concentra Medical Centers
James Keever
5080 Spectrum Drive, Suite 1200 W
Addison, TX 75001
510-222-8000
DATE:
5/15/2013
Ethnic Minority Percentages From U.S. Census Data
National
9 Bay Area Counties
Alameda/CC Counties
B
10.5
5.5
10.7
I H10.7
16.2
15.6
A/PI
3.7
14.2
15.4
| AI/AN
0.7
0.4
0.5
| TOTAL
27.3
39.9
46.2
Number of Ethnic Minority Employees
Company Wide
Manager/prof
TechnicatySales
Clerical/Silled
Semi/Unskilled
Bay Area
AA Plan o|n File:
Co. Wide MSA:
Company Wide
Manager/Prof
Technical(SaIes
Clerical/Silled
Semi/Unsj(illed
Bay Area
Co. Wide Ji/ISA:
Company W 'de
Manager/lfrof
Technical^Sales
Clerical/Skilled
Semi/Unsj;illed
Bay Area
Co. Wide |«ISA:
Company Wjde
Manager/^rof
Technical/pales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide (i/ISA:
Company Wide
Manager/Pjrof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area ICo. Wide fylSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skjlled
Semi/Unskjlled
ay Area
Co. Wide HJ1SA:
361-7/11)
B
1
-
1
-
-
1
H
4
1
3
-
-
NA
9 Bay Area Counties
4
3
-
1
-
4
-
-
-
-
Contra Costa County
1
-
-
1
-
3
-
3
-
-
Pennsylvania
1
-
1
-
-
1
1 I1
-
-
Oakland
1,435
390
248
490
307
-
1,498
232
224
493
549
-
LISA ;
A/PI
1
-
1
-
-
ASIAN
-
-
-
-
-
|
TOTAL
6
1
5
-
6
Date of last contract with District:
# Employees-Co. Wide:
# Employees-Co. Wide:
-
-
-
-
--
-
-
-
-# Employees-Co. Wide:
1
-
-
1
-
-
-
-
-
-
-
# Employees-Co. Wide:
2 !
2
-
-
2
-
-
-
-
-
- |
# Employees-Co. Wide:
546
365
70
60
51
- |
79 |
34
14
17
14
- I$ Employees-Co. Wide:
13
4
3
-
1
-
4
4
5
0
3
2
-
12
4
-
4
4
6
3,558 |
1,021
556
1,060
921
-
9,216
PERCENT
46.2%
25.0%
50.0%
NA
NA
| 46.2%
NA
Bay Area:
Bay Area:
100.0%
100.0%
NA
100.0%
NA
100.0%
Bay Area:
41.7%
0.0%
60.0%
50.0%
NA
NA
66.7%
NA
66.7%
NA
NA
66.7% |
Bay Area:
38.6%
26.0%
31.7%
51 .1%
63.0%
NA
B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
Page: 1 of 1 F i | e : P S
MSA%
39.9%
39.9%
13
39.9%
38.5%
39.9%
4
13.4%
39.9%
0
47.8%
39.9%
6
27.3%
39.9%
0
-3167
AGENDA NO.MEETING BATE June 25. 2013
T I T L E LAW ENFORCEMENT SERVICES - CALAI VERAS COUNTY
HI MOTION. • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Authorize an agreement with Calaveras County for law enforcement services at Pardee and CamancheReservoirs and on adjacent District watershed lands for an annual amount not to exceed $231 000 per yearfrom July 1,2013 through June 30, 2016, with an optional three-year extension for an annual'amount notto exceed $248,000 from July 1, 2016 through June 30, 2019. The total amount for the contract is not toexceed $1,437,000 for the entire six-year period.
SUMMARY
The Calaveras County Sheriffs Office will provide up to two deputy sheriffs to patrol District lands andfacilities in Calaveras County at a cost not to exceed $248,000 per year. Services covered include incidentresponse and routine patrol as scheduled by the District to jnforce all applicable codes, laws, and DistrictRules and Regulations in the recreation areas and watershed lands located in Calaveras County.
DISCUSSION
For more than 25 years, Calaveras County sheriffs have projvided high visibility patrol services in theCalaveras County portion of the Mokelumne Watershed. Deputies familiar with the District's propertiesregulations, and issues of concern will perform this patrol service. A similar service is provided byAmador County sheriffs for the Amador portion of the MoMumne Watershed. Regular patrol of Districtfacilities, particularly at the Camanche Recreation Area, is critical to maintaining visitor and employeesafety, and protecting natural resources and facilities. The proposed agreement will also ensure adherenceto the District's Recreation Plan submitted to the Federal Energy Regulatory Commission pursuant to thelicense for Pardee and Camanche Powerhouses. This service is in addition to general law enforcementprovided by Calaveras County.
To balance the need for a reduction in operating costs with the importance of maintaining public andemployee safety, the proposed six-year agreement achieves ja 12.5% reduction from the patrol hours ofhistoric contract levels. However, reduced patrol levels have been in place for three years and the numberand severity of incidents have not significantly increased, arid public safety and resource protection hasbeen acceptable.
Funds Available FY: 14 Budget Code[ WSO/ 491/ VAR/ 5235 (VAR= 1010632, 635, 636)
DEPARTMENT SUBMITTING
Water and Natural Resources
DEPARTMENT MANAGER or DIRECTOR- 'V APPROVED
iJLjJfa /&##*&,/. git**-/Q^neral ManagerRichard G. Sykes
Contact the Office of the District Secretary regarding questions about completing or submitting this form.
Law Enforcement ServicesJune 25, 2013Page 2
-Amador County
Contracting with the Calaveras County Sheriffs Office is preferable to contracting with a private securityfirm because private security firms cannot provide the law enforcement services the District requires,including a centralized dispatch service with ready access to additional resources when needed, the powerto arrest and transport, and the ability to issue citations for District ordinance violations, countyordinances, fish and wildlife regulations, etc.
The proposed agreement includes a dual indemnification clause as requested by Calaveras County. Asimilar clause was approved and included in the 2011 agreement for special patrol services with AmadorCounty. The clause serves to protect both Calaveras County and the District equally from liability. BoardResolution Number 33278-01 authorizes this dual indemnification clause.
FISCAL IMPACT
Funds for this work are included in the
ALTERNATIVES
Water and Natural Resources Department's operating budget.
Do not provide contracted law enforcement services and rely on basic county law enforcement. Thisalternative is not recommended as there wojuld be a dramatically diminished level of patrol andenforcement at campgrounds and recreation areas, with subsequent negative impacts to public safety andE>istrict assets.
Do not contract with Calaveras County and contract for law enforcement services with a privatesecurity firm. This alternative is not recommended as private security firms do not provide the full rangeof law enforcement services and our multi-year relationship with the County has resulted in safe andsecure watershed and recreation areas.
EBMUD
AGENDA NO. V.MEETING DATE June 25. 2013
TITLE AUTHORIZE AN AGREEMENT WITH ENS RESOURCES, INC. FORINFORMATION GATHERING AND LIAISON SERVICES
HI MOTION. • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Authorize an agreement with ENS Resources, Inc. (ENS) in the amount of $120,000 for continuedlegislative and regulatory information-gathering, analysis, representation, and liaison services inWashington, D. C, for a one-year period from July 1, 2013 to| June 30, 2014.
SUMMARY
ENS has provided consultant services in Washington, D. C, for the District since 1990. The firm providesinformation regarding federal legislation, congressional hearings, and regulatory matters of interest to theDistrict. In addition, ENS is the District's primary federal legislative representative and advocate inWashington. The services provided have been effective, responsive, and cost-efficient when compared tosimilar services of other Washington firms.
DISCUSSION
During the past year, ENS provided comprehensive and timely information on numerous federal bills andissues. ENS has communicated the on-going need for federal funding participation in water andwastewater infrastructure projects including the San Ramon Valley Recycled Water project, the IntegratedRegional Recycled Water Program, the seismic upgrade projects, and the Bay Area Regional DesalinationProject. ENS has provided strategic support on Delta-related issues at the federal level with particularfocus on the protection of EBMUD's water supply, the Mokelymne fishery, and EBMUD's ratepayers.
These matters are of significant importance to the District and require diligent effort to provide staff withadequate and timely information and to effectively communicate District interests to legislators,regulators, and the administration. The great majority of these fissues, in addition to seeking federal levelsupport for our regional water supply efforts, will continue to proceed through Congress over the courseof the next several years.
Funds Available: FY 14 Budget Code: WSG/GEN/B115/8712/5231
DEP/jjjRTjtfENT MANAGER or DIRECTORDEPARTMENT SUBMITTING
Intergovernmental Affairs
APPROVED
Contact the Office of the District Secretary with questions about completing or submitting this form.
B D l PS 100S
Authorize an Agreement with ENS Resources, Inc.June 25, 2013Page 2
CONTRACT EQUITY PROGRAM EFFORTS
The completed P-035 and P-061 forms are attached.
FISCAL IMPACT
Funds are available in the FY14 budget for this work.
UNION NOTIFICATION
This type of work is not performed by Dis
ALTERNATIVES
trict forces and consequently union notification is not required.
Consider an alternate legislative and regulatory advocate. This alternative is not recommendedbecause the District has established a solid relationship with ENS Resources, Inc. and their advocacyservices on our behalf are well-respected in Washington, D. C.
This alternative is not recommended because the lack ofition, congressional hearings, and regulatory information of
eliminate federal attention and resources for District projects
Do not contract for advocacy services. 1advocacy services regarding federal legislinterest to the District would reduce orcrucial to our operation.
Attachments
CONTRACT EQUITY PROGRAM SUMMARY (P-035)This summary contains information on the contractor's workforce and contract equity participation. (Completed by District)EBMUO
Professional Services Agreement
Authorize an Agreement with ENS Resources, Inc. for Information Gatheringand Liaison Services - One-Year Contract
May 15, 2013
CONTRACTOR:
Direct AwardSmall Business
ENS Resources, Inc.Washington, D.C.
Ava lability Group Contracting Objectives Participation
\!viFIRM'S OWNERSHIP hite Men 25% 100.0%BID/PROPOSER'SPRICE: Ethnicity Gender W lite Women 6% 0.0%
20,000 White Men Ethnic Minorities 25% 0.0%
GENDER CONTRACTING PARTICIPATIONESTIMATED
AMOUNTCOMPANY NAME ETHNICITY
White-Men
White-Women
EthnicMinorities
PubliclyHeld Corp.
Gov't/NonProfit
M Unclassified Foreign
PRIME:
ENS Resources, Inc.
SUBS:
None
$120,000 White 100.0%
TOTAL $120,000 100.0% 0.0% 0.0% 0.0% 0.0%0.0%
White Men Ethnic Minorities Total Employees
No. of Employees:
50.0%Percent of Total Employees: 50.0% 0.0%
19.2% 18.0%MSA Labor Market %: 62.8%
District of ColumbiaMSA Labor Market Location:
Contract Equity Participation - 100% White Men participation.
ENS Resources, Inc.'s Affirmative Action profile is less than 50% workforce diversity based on the applicable MSA. TheDistrict will urge greater implementation efforts. An Affirmative Action Rlan is on file.
Workforce Profile & Statement of NondiscriminationSubmitted
Good Faith Outreach EffortsRequirement Satisfied
"•> Ssjvard Approvalo ~ - \ Recornjqended
NA|On File
Page: 1 of 1(P-035-7/11)
AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information ppvided by the contractor(s)' P-025 Form regarding their workforce.
E&/WU&
mtie: Authorize an Agreement with ENSResources, Inc. for Information Gatheringand Liaison Services - One-Year Contract
ssional Services Agreement
R=RecmmdP=PrimeS=Sub
Composition of Ownership
Company Name, Owner/Contact Person, Addressand Phone Number
RP WM-SBE
ENS Resources, Inc.
Eric Sapirstein
1101 14th St., N.W., Suite 350
Washington, D.C. 20005
202-466-3755
DATE:
5/15/2313
Ethnic Minority Percentages From U.S. Census Data
National
9 Bay Area Counties
Alameda/CC Counties
| B
10.5
5.5
10.7
H
10.7
16.2
15.6
| A/PI
3.7
14.2
15.4
AI/AN
0.7
0.4
0.5
| TOTAL
27.3
39.9
46.2
Number of Ethnic Minority Employees
Company Wide
Manager^Prof
Technicaj/Sales
Clerical/Skilled
Semi/Undkilled
Bay Area
AA Plan c
Co. Wide
n File:
MSA:
Company Wide
Manager/prof
Technical^Sales
Clerical/Sskilled
Semi/Unsikilled
Bay Area
Co. Wide MSA:
B
-
--
-
-
H
i "----
A/PI
-
-
--
-
r r~~"|
AI/AN
-
-
--
-
-
TOTAL
0
0
I ----
5/13/2013 Date of last contract with District:
District of Columbia # Employees-Co. Wide: 4
|
# Employees-Co. Wide:
Company V\|ide |
Manager/f^rof
Technical/Sales
Clerical/Skilled
Semi/Uns'killed
Bay Area
Co. Wide
Company V\i
Manager/
MSA:
ide
^rof
Technicalj'Sales
Clerical/Silled
Semi/Uns|<illed
Bay Area
Co. Wide MSA:
# Employees-Co. Wide:
L _# Employees-Co. Wide:
Company Wide j j
Manager/prof
Technicaljsales
Clerical/S
Semi/Uns
Bay Area
Co. Wide
Oiled
(Hied
i
|
MSA:
Company W^de
Manager/Prof
Technical^Sales
Clerical/S
Semi/Uns
Bay Area
_ J - •
i
# Employees-Co. Wide:
|
i
tilled (_
cilled !
Co. Wide JWSA:
I
# Employees-Co. Wide:
PERCENT
0.0%
0.0%
NA
NA
NA
NA
7/1/2012
Bay Area:
Bay Area:
Bay Area:
Bay Area:
Bay Area:
Bay Area:
MSA %
62.8%
39.9%
0
39.9%
39.9%
39.9%
39.9%
39.9%
WM=White Male, WW=White Women, EM=Ethnio Minority (Ethnicitiek: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
Page: 1 of 1 File: PS-3166P-0S1 -7/11)
AGENDA NO.MEETING DATE .Time 75 7(m
TITLE ROUTINE WASTE MANAGEMENT SERVTCTES
El MOTION D RESOLUTION n ORDINANCE
RECOMMENDED ACTION
Authorize an agreement with NRC Environmental Services (NRlC) in an estimated amount of $500,000annually to provide waste management services to the District during the period July 1, 2013 throughJune 30, 2015, with four options to renew for an additional one-year period.
SUMMARY
Since 1996, the District has centralized the management of routinely generated hazardous wastes under asingle agreement. These wastes include oils, batteries, paints, solvents, chemicals, soils, sludges,leachate, wastewater and other miscellaneous wastes that are generated as part of normal operations andmaintenance activities. This agreement also provides the capability to perform intra-district transfers ofwater treatment chemicals and chemical storage tank rinse water. and to manage non-hazardous wasteappropriately and efficiently. With this centralized approach, the District has eliminated inconsistenciesresulting from the involvement of a wide variety of facilities, managers, and contractors, and reduced itsliability by placing the responsibility for day-to-day compliance of waste disposal activities with staffknowledgeable with the applicable environmental regulations.
DISCUSSION
Under federal and state waste regulations, the District is responsiblegenerated by the District are properly characterized, manifested,has succeeded in reducing its environmental liability, cost, andthese responsibilities and managing them under one agreement,allow the District to continue its successful management of routinelywith environmental regulations.
for ensuring that all wastestransported, and disposed. The District
administrative burden by centralizingapproval of this agreement willgenerated wastes in compliance
The
Key benefits of this agreement include: (1) quick, efficient and consistent disposal with uniform wastetracking and manifesting; (2) a continued District-wide evaluation of wastes and cost reductionsassociated with regularly scheduled disposal of larger volumes of similar wastes from multiple facilities(such as aerosol cans, spent chemicals, and batteries); (3) identification of waste minimization, reuse andrecycling opportunities; and (4) auditing and use of select disposal sites to minimize District liability.
Funds Available FY: 14 Budget Code: 785/5742/5376 and variousDEPARTMENT MANAGER or DIRECTOR:DEPARTMENT SUBMITTING:
Operations and Maintenance
APPROVED:
era! Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
Routine Waste Management ServicesJune 25, 2013Page 2
An agreement for two years with four one-year renewals is requested because the annual volume andtype of wastes generated by the District are projected to continue at the current level for several years,and the four one-year renewals give the District flexibility should unforeseen circumstances arise. The$500,000 annual value of the agreement is based on costs incurred during past years.
SERVICE PROVIDER SELECTION
Six firms known by the District to perform this kind of work received a Request For Proposal (RFP) byelectronic mail. The RFP was posted on the District's website for two weeks, and advertised in theContract Equity Office's "Equalizer" publication. The District received a single proposal from NRC,the current provider. Staff reviewed the proposal and determined that NRC demonstrated the ability tomeet the District's needs for this agreement and the proposed rates are competitive with the existingrates for this work.
CONTRACT EQUITY PROGRAM EFFORTS
The completed P-035 and P-061 forms are attached.
FISCAL IMPACT
Funds for this agreement are included in the FJY14 budget.
UNION NOTIFICATION
This type of work is not performed by District forces and consequently union notification was notrequired.
ALTERNATIVE
alternative is not recommended because it would requirechange in the outcome. During the proposal period,
concerns raised about the terms of the RFP. Staff does not
Recirculate the Request For Proposal. Thisadditional time and resources with no expectedthere were no requests for additional time orexpect additional proposals would be receivec.
ATTACHMENTS
P-035 - Contract Equity Program SummaryP-061 - Affirmative Action Summary
I:\SEC\06_25_13 Agenda Items\OMD_Routine Waste Mgt.doc
CONTRACT EQUITY PROGRAMThis summary contains information on the contractor's workforce andEBMUD ;ontract equity participation. (Completed by District)
Professional Services Agreement
Routine Waste Management Services - Two-Year Contract wpth 4 One-YearRenewal Options
June 3, 2013
CONTRACTOR:
NRC Environmental Services, Inc.Alameda, CA
ESTIMATEDAMOUNT
COMPANY NAME ETHNICITY'hite-
Women Foreign
PRIME:
NRC Environmental Services, Inc.
SUBS:
CM Industrial & Safety Supply
Western States Oil Co.
Ninyo & Moore
Traffic Management, Inc.*
Torrent Laboratory*
Bradley Tanks, Inc.*
All American Rentals*
Quality Asbestos*
$474,500
$15,000
$8,000
$2,500
White
Hispanic
Hispanic
Hispanic
Hispanic
Asian
White
Hispanic
Hispanic
94.9%
3.0%
1.6%
0.5%
TOTAL $500,000 94.9% 0.0% 5.1% 0.0% 0.0% 0.0%0.0%
White Men White Women Ethnic Minorities Total Employees
No. of Employees: 32 51
37.6%Percent of Total Employees: 2.4% 60.0% 85
24.5% 21.6%MSA Labor Market %: 53.9%
Alameda CountyMSA Labor Market Location:
Contract Equity Participation - 94.9% White Men participation and 5.1%
*Firms will be used on an as-needed basis.
=thnic Minority participation.
Workforce Profile & Statement of NondiscriminationSubmitted
Good Faith Outreach EffortsRequirement patisf ied
Awaea Approvala^\ Reqpr/mended
NA YE.
(P-035-7H1) Page 1 of 1 File PS - 3157
EBMUO
AFF
This summarizes information pr
"ntie: Routine Waste Management Services -Year Contract with 4 One-Year Renev
Options
Professional Services Agreement
R=RecmmdP=PrimeS=Sub
Composition of Ownership
Company Name, Owner/Contact Person, Addressand Phone Number
RP WM - LBE
NRC Environmental Services, Inc.
Michael St. Pierre1605 Ferry Point
Alameda, CA 94501
510-749-1390
WM=White Male
P-061 -7/11)
DATE:
6/3/20
rIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
svided by the contractor(s)' P-025 Form regarding their workforce.
Twoval
13
Ethnic Minority Percentages From U.S. Census Data
National
9 Bay Area Counties
Alameda/CC Counties
B
10.5
5.5
10.7
H
10.7
16.2
15.6
A/P!
3.7
14.2
15.4
AI/AN
0.7
0.4
0.5
TOTAL
27.3
39.9
46.2
Number of Ethnic Minority Employees
Company Wide
Manager/FJrof
Technical/^ales
Clerical/Skilled
Semi/Unsljilied
Bay Area
AA Plan on File:
Co. WidelyiSA:
Company W de
Manager/FJrof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide ij/ISA:
Company Wide
Manager/F rof
Technical/Sales
Clerical/Skjilled
Semi/Unskjilled
Bay Area
Co. Wide ij/ISA:
Company Wide
Manager/p|rof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide I\|1SA:
Company Wide
Manager/PJ-of
Technical/Sales
Clerical/Sk
Semi/Unsk
Bay Area
lied
[lied |
Co. Wide HJISA:
Company Wi ie [
Manager/Pfof
Technical/Sales
Clerical/Sk
Semi/Unsk
Bay Area
lied
lied i
Co. Wide lyiSA: )WW=White Women, EM=Ethnic Minority (Ethnicities
B H
6 ! 32
r T" T ~--3
6
7
18-
7
32
INAAlameda County
i
I
i
j
|I
A/Pi
13
5
2
5
1
13
AI/AN
-
-
--
-
-
TOTAL
51
15
20
5
L _ 1 1
51
Date of last contract with District:
# Employees-Co. Wide: 85
PERCENT
60.0%
50.0%
66.7%45.5%
78.6%
60.0%
6/19/2008
Bay Area:
Ir—•
!
# Employees-Co. Wide:
# Employees-Co. Wide:
!
i
# Employees-Co. Wide:
_ L
# Employees-Co. Wide:
|
Tiii
# Employees-Co. Wide:
Bay Area:
Bay Area:
Bay Area:
Bay Area:
Bay Area:B=Black, H=Hispanic, A/PI=Astan/Pacific Islander, and A!/AN=American Indian/Alaskan Native)
Page: 1 of 1 File- PS
MSA %
53.9%
39.9%
85
39.9%
39.9%
39.9%
39.9%
39.9%
-3157
AGENDA NO.MEETING DATE
T I T L E MAINTENANCE OF PRINT SHOP DIGITAL PRESS SYSTEM
June 25, 2013
HI MOTION- • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Authorize an agreement with Presstek, Inc. to provide full service maintenance/repair services andconsumables for the Print Shop's Presstek 34DI-X Press System during the period of July 1,2013 throughJune 30,2018 in an amount not to exceed $47,000.00 annually, for a total of $235,000 over the five-yearterm of the contract.
SUMMARY
A comprehensive full service maintenance/repair and consumables contract is needed to cover the PrintShop's Presstek 34DI-X Press System components. The Press System was purchased in 2008, and thecurrent maintenance contract period expires June 30, 2013. The system currently has 15,107,211impressions; whereas, the life expectancy of the system is ldo million impressions. Continuedmaintenance of the system is necessary in order to protect tbi; District's investment and to ensuremaximum production efficiency.
DISCUSSION
In addition to maintenance services this contract includes the! provision of special inks, solvents and partsnecessary to meet the Green Business standards of the Presstek 34DI-X Press System. No other dealers ororganizations are authorized by the manufacturer to service Presstek digital equipment, presses orsoftware. Award of this contract to Presstek provides certified and authorized direct factory trainedtechnicians and authorized consumables to service the system.
SERVICE PROVIDER SELECTION '
Requests for proposals were sent to three potential proposers jwho provide print system service andmaintenance. Of the three proposers, two declined to bid on the maintenance services stating thatPresstek, Inc. is the only authorized vendor who can provide warranty and maintenance service forPresstek systems. Presstek was the lowest qualified bidder anjd therefore selected for award.
Funds Available: FY 14/15 Budget Code: 231 /VAR/VAR
DEPARTMENT SUBMITTING
Finance
DEPAR- 'OR APPROVED
GJU*~/Eric L. Sandier G&feral Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BDI GS 1008
Maintenance of Print Shop Digital Press SystemJune 25, 2013Page 2
CONTRACT EQUITY PROGRAM E
The completed P-035 and P-061 forms ar
FISCAL IMPACT
FORTS
: attached.
Funds are available for this work in the FY14/15 operating budget.
UNION NOTIFICATION
This type of work is not performed by District forces and consequently union notificationwas not required.
ALTERNATIVES
Purchase service calls and consumables as needed. This alternative is not recommended as it wouldresult in higher costs and the service and parts availability priority guaranteed with the recommendedagreement would not be available.
Discontinue use of the Presstek 34DI-X Press System and outsource the print jobs. This alternative isnot recommended as it would result in higher costs as the District would not fully utilize the remaininglife of the $295,000 Presstek system.
Attachments
: Shop Digital Press System 062513I:\SEC\06-25-13 Agenda Items\FIN - BD1 Maintenace of Prin
CONTRACT EQUITY PROGRAM SUiVIR/SARY (P-035)This summary contains information on the contractor's workforce ank contract equity participation. (Completed by District)BBMISD
General Services Agreement
Maintenance of Print Shop Digital Press System - Five-Yearj Contract June 6, 2013
CONTRACTOR:
Presstek, Inc.Hudson, NH
Sole Source Availability Group Contracting Objectives Participation
FIRM'S OWNERSHIPBID/PROPOSER'SPRICE:
White Men 25% 100.0%wiEthnicity Gender hite Women 6% 0.0%
$235,000 White Men Ethnic Minorities 25%
IBISCONTRACTING PARTICIPATION
0.0%
GENDERESTIMATEDAMOUNT
COMPANY NAME ETHNICITYWhite-Men
White-Women
EthnicMinorities
PubliclyHeld Corp.
Gov't/NonProfit
W Unclassified Foreign
PRIME:
Presstek, Inc.
SUBS:
None
$235,000 White 100.0%
TOTAL $235,000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0%0.0%
White Men White Wonjien Ethnic Minorities Total Employees
No. of Employees: 206 59 33
Percent of Total Employees: 69.1% 19.8% 11.1% 298
MSA Labor Market %: 50.6% 45.0% 4.4%
MSA Labor Market Location: New Hampshire
Contract Equity Participation -100% White Men participation.
Workforce Profile & Statement of NondiscriminationSubmitted
Good Faith Outrjeach EffortsRequirement|satisfied
Awardu^pprovalRecommended
NA NA o(P-035-7/11) Page 1 of 1 He: GS-3178
EBMUOAFF
This summarizes information pr
Maintenance of Print Shop Digital Pr<System - Five-Year Contract
General Services Agreement
R=RecmmdP=PrimeS=Sub
Composition of Ownership
Company Name, Owner/Contact Person, Address,and Phone Number
RP | WM
Presstek, Inc.
Cathy Cavanna
55 Executive Drive
Hudson, NH 03051
603-594-8585 X3348
IRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
wided by the contractor(s)' P-025 Form regarding their workforce.
!SS
DATE: I
6/6/20 (l 3
Ethnic Minority Percentages From U.S. Census Data
National
9 Bay Area Counties
Alameda/CC Counties
B
10.5
5.5
10.7
H
10.7
16.2
15.6
A/PI
3.7
14.2
15.4
Al/AN
0.7
0.4
0.5
TOTAL
27.3
39.9
46.2
Number of Ethnic Minority Employees
Company Wjde
Manager/F>rof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
AA Plan op File:
Co. Wide MSA:
Company W
Manager/F
de
>rof
Technical/Sales
Clerical/Sllilted
Semi/Unsljilled
Bay Area
Co. Wide 'VlSA:
B
»
41
4
H
18
2
6
2
8
-
A/PI
6
3
3-
-
-
AI/AN
-
-
-
-
-
-
TOTAL
33
5
13
3
12
-
PERCENT
11.1%
5.1%
10.2%11.5%
26.1%
NA
NA Date of last contract with District: 7/1/2008
New Hampshire # Employees-Co. Wide: 298 Bay Area:
MSA %
4.4%
39.9%
0
39.9%
# Employees-Co. Wide: Bay Area:
Company Wide
Manager/FJrof
Technical/!3alesClerical/Sljilled
Semi/Unsljilled
Bay Area
Co. Wide MSA:
Company W^de
Manager/F rof
Technical/Sales
Clerical/Silled
Semi/Unskilled
Bay Area
Co. Wide IJ/ISA:
Company Wi|de
Manager/F rof
Technical/Sales
Clerical/Skilled
Semi/Unsk
Bay Area
Co. Wide
,illedm_
I/ISA:
Company Wide
Manager/F rof
Technical/Sales
Clerical/Skilled
Semi/Unskjilled
Bay Area
Co. Wide ij/ISA:
WM=White Male. WW=White Women. EM=Ethnic Minority (Ethnicities
P-061 -7/11)
39.9%
# Employees-Co. Wide: Bay Area:
I I
39.9%
# Employees-Co. Wide: Bay Area:
I
39.9%
# Employees-Co. Wide: Bay Area:
i39.9%
# Employees-Co. Wide: Bay Area:
: B=Black, H=Hispanic, A/PI=Asian/Pacific Islander, and AI/AN=American Indian/Alaskan Native)
Page: 1 of 1 File: GS -3178
EBMUD
MEETING DATE June 25, 2013
TITLE MOKELUMNE WATERSHED RANGELAND HEALTH ASSESSMENT ANDMONITORING SERVICES
m MOTION . D RESOLUTION D ORDINANCE
RECOMMENDED ACTION
Authorize an agreement with The Regents of the University of California in an amount not to exceed$146,000 for rangeland health assessment and monitoring services on District-owned watershed lands inthe Mokelumne area during the period of June 26, 2013 to June 26,2018.
SUMMARY
The Mokelumne Watershed Range Health Assessment and Monitoring Program (Program) has beendeveloped to effectively provide information on range health conditions to inform the ongoingimplementation of the Mokelumne Range Management Program on EBMUD-owned watershed lands.This is an ongoing District program which has benefitted from the voluntary services of the University ofCalifornia Cooperative Extension (UCCE). The proposed agreement would ensure that these servicescontinue into the future with a defined scope and schedule.
DISCUSSION
Livestock grazing is utilized on District-owned watershed lalnds to reduce wildfire hazard whilemaintaining the healthy grassland ecosystems. The 2013 Mokelumne Range Management Plan (MRMP)was completed as part of the implementation of the 2008 Mokelumne Watershed Master Plan (MWMP).Consistent with the MRMP, a formalized assessment and monitoring program was developed usingrangeland health indicators to provide information to staff on range health conditions over time which willin turn inform District range management decisions and actons. The District has collaborated in the pastwith UCCE which has voluntarily conducted assessments, rnonitored range health, tracked changes andreviewed grazing plans. Due to cost constraints, UCCE cannot continue this voluntary work in the future.
A continued collaborative approach is proposed for the implementation of the Program. The District plansto continue to partner with UCCE to implement the necessary range health assessment and monitoringprogram by utilizing UCCE staff and also university studentjs. The Program will incorporate educationand research opportunities. In addition to meeting District management objectives to formalize theprogram and ensure its continuation, the proposed partnership will provide valuable experience inpractical skills of the range management profession for District staff and university students.Collaboration with universities on research is one of the key [objectives cited in the MWMP and
Funds Available: FY Budget Code:
DEPARTMENT SUBMITTING
Water and Natural Resources
DEPARTMENT MANAGER or DIREC
^Richard G. Sykes
TOR APPROVED -
i^heral Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BD1GS 1008
Mokelumne Watershed Range Health Assessment and Monitoring ProgramJune 25, 2013Page 2
opportunities for range management researchUCCE will be a benefit to District range manaj
activities on District watershed lands in partnership withgement and overall range management in California.
In the agreement, the District has agreed tcexpense, attorneys' fees, or claims for injuryin proportion to and to the extent that suchor damages are caused by or result from neSimilarly, the University has also agreed texpense, attorneys' fees, or claims for injuryin proportion to and to the extent that suchor damages are caused by or result from ne
indemnify the University from any and all liability, loss,or damages arising out of the performance of the Agreement
liability, loss, expenses or attorneys' fees or claims for injuriesgligent or intentional acts or omissions of the District,indemnify the District from any and all liability, loss,or damages arising out of the performance of the Agreement
liability, loss, expenses or attorneys' fees or claims for injuriesgligent or intentional acts or omissions of the University.
SERVICE PROVIDER SELECTION
PLequests for proposals were sent to UCCE 's Central Sierra office and to the Rangeland WatershedLaboratory at the University of California at Davis because of their history of voluntary work on thewatershed and the unique nature of the proposed scope of work (range resource assessment andmonitoring, education, and research compcnents). UCCE responded with a proposal, while U.C. Davisdid not.
CONTRACT EQUITY PROGRAM EFFORTS
The completed P-035 and P-061 forms are
FISCAL IMPACT
attached.
Funds for this work are included in the Wa:er and Natural Resources Department operating budget. Costof this work (slightly under $30,000 per year on average) is more than offset by grazing revenue in theMokelumne Watershed, which exceeds $160,000 per year.
UNION NOTIFICATION
Locals 2019 and 21were notified of the intent to contract out this work on May 20, 2013.The unions did not respond or raise any issues.
ALTERNATIVES
Complete work with District staff. This arequisite expertise or certifications to comp
Do not complete this work. This alternate
.ternative is not recommended because staff does not have theete this scope of work.
: is not recommended because the Mokelumne RangeManagement Plan requires an updated range health assessment and future monitoring to inform rangemanagement strategies in response to changing conditions. The objective of managing a sustainablegrazing program cannot be reached without
Attachments
an effective assessment and monitoring program.
CONTRACT EQUITY P R O G R W M SUMMARY (P-035)Th.s summary contains information on the contractor's workforce a^d contract equity participation. (Completed by Diswc,EBMlfD
Professional Services Agreement
Mokelumne Watershed Rangeland Health Assessment and
Services - Five-Year ContractJune 13,2013Monitoring
CONTRACTOR:
The Regents of the University of California sole Proposer Availability Group Contracting Objectives ParticipationDavis, CA
FIRM'S OWNERSHIPBID/PROPOSER'S
PRICE:
White Men 25% 0.0%
WhEthnicity Gender ite Women 6% 0.0%$146,000 Gov't/Non Profit Ethnic Minorities 25% 0.0%
MMMZSIZ^^JWES^ PzyGENDER CONTRACTING PARTICIPATION
ESTIMATEDAMOUNT
COMPANY NAME ETHNICITYWhite-Men
White-Women
EthnicMinorities
PubliclyHeld Corp.
Gov't/NonProfit
Unclassified Foreign
he Regents of the University ofCalifornia
UBS:
*ione
Gov't/NonProfit
$146,000100.0%
TOTAL 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% 0.0%
No. of Employees:
Percent of Total Employees:The Regents of the University of California has Exempt Status
MSA Labor Market %:
MSA Labor Market Location:
Contract Equity Participation - Zero Contract Equity participation since fiopportunities exist.
m is a government agency and no subcontract
Workforce Profile & Statement of NondiscriminationSubmitted
Good Faith Outreach Efforts
Requirement SatisfiedAvua"rcDSpproval
Recommended
NA! MtP/NA
J N
(P-035-7/11) Page: 1 of 1 File: PS-3181
AFFIRMATIVE ACTION SUMMARY (P-061)EBMUD
This summarizes information pro
(Completed by District)
/ided by the contractors)1 P-025 Form regarding their workforce.
Title: Mokelumne Watershed Rangeland HealthAssessment and Monitoring Services - Five
Year Contract
ssional Services Agreement
R=RecmmdP=PrimeS=Sub
Composition of Ownership
Company Name, Owner/Contact Person, Addressand Phone Number
RP Gov't/Non-Profit
The Regents of the University of California
Wendy
ANRBi
Ernstjilding, Hopkins Road
Davis, CA 95616
530-754-3944
DATE:
6/13/2013
Ethnic Minority Percentages From U.S. Census Data
National
9 Bay Area Counties
Alameda/CC Counties
B
10.5
5.5
10.7
H
10.7
16.2
15.6
A/PI
3.7
14.2
15.4
Al/AN
0.7
0.4
0.5
TOTAL
27.3
39.9
46.2
Number of Ethnic Minority Employees
Company Wide
Manager/Prof
Technical/Spiles
Clerical/Skilled
Semi/Unskiljed
Bay Area
AA Plan on ^ile:
Co. Wide M|SA:
Company Wid(e
Manager/Prof
Technical/skies
Clerical/Skiljed
Semi/Unski
Bay Area
ed
Co. Wide M!3A:
Company Wide
Manager/Prof
Technical/Sales
Clerical/SMISemi/Unskil
Bay Area
ed
ed
Co. Wide M^A:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skil
Semi/Unskil
Bay Area
ed
ed
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Ski!
Semi/Unskil
Bay Area
ed
ed
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales I
Clerical/Skilled
Semi/Unskil
Bay Area
ed
Co. Wide MSA:
B H A/PI Al/AN TOTAL PERCENT
Information Not Provided
Date of last contract with District:
# Employees-Co. Wide:
# Employees-Co. Wide:
! —r™~# Employees-Co. Wide:
# Employees-Co. Wide:
i
# Employees-Co. Wide:
i
i
# Employees-Co. Wide:
6/11/2008
Bay Area:
Bay Area:
Bay Area:
Bay Area:
Bay Area:
Bay Area:
MSA %
39.9%
39.9%
39.9%
39.9%
39.9%
39.9%
WM=White Male. WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black,
Page: 1 of 1P-061 -7/11) File: PS-3181
I MEETING DATE June 25.2013
AGREEMENT WITH THE SUCCESSOR AGENCY TO THE RICHMONDCOMMUNITY REDEVELOPMENT AGENCY - MARINA BAY PARKWAY WATERMAIN RELOCATIONS
TITLE
m MOTION . • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Authorize an agreement with the Successor Agency to thejRichmond Community RedevelopmentAgency (Successor Agency) in an amount not to exceed $600,000 to relocate approximately 1,210 feetof 12-inch diameter pipeline as part of the Successor Agency's Officer Bradley A. Moody MemorialUnderpass Project, in Richmond, CA. In authorizing this agreement, the Board of Directors finds thatthis work cannot be satisfactorily performed under civil service.
SUMMARY
The Successor Agency is proceeding with construction of street improvements on Marina Bay Parkwaybetween Meeker Avenue and Regatta Boulevard (see attached location map). For this public streetimprovement project, the District is responsible for relocatjing its facilities when a conflict arises. Underthis agreement, the Successor Agency will construct the pipeline relocation and the District willreimburse the Successor Agency for the associated costs. I
DISCUSSION
The Successor Agency notified the District of its street improvement project in November 2010. Basedon the Successor Agency's improvement plans, the District identified the need to relocate existingsegments of a 12-inch water pipeline that conflicts with the Successor Agency's project.
As part of this agreement, the Successor Agency's contractor for the street improvement will relocate thepipeline. The costs for the Successor Agency's contractor t|o complete the relocation for the District havebeen reviewed and are reasonable for this complex work. The Successor Agency competitively bid theproject and awarded a contract to the lowest responsive/responsible bidder on June 19, 2013. Installationby the Successor Agency will avoid schedule coordination issues and should lead to a more efficient
Funds Available: FY14-15; CEP #000108; Page 32
DEPARTMENT SUBMITTING
Engineering and Construction
Budget Code WSC\570\7999\5561
DEPARTMENT MANAGER or DIRECTOR
Xavier J. Was
APPROVED .
(Ssneral Manager
Agreement with the Successor Agency toBay Parkway Water Main RelocationsJune 25,2013Page 2
the Richmond Community Redevelopment Agency - Marina
f the agreement, District forces will isolate the segments ofwork, as well as transfer water services to the new pipeline.
project and lower overall costs. As part o:pipeline to be relocated, inspect the new
FISCAL IMPACT
This item is included in the FY13-14 Capital Improvement Program for the Pipelines/RegulatorsProgram.
UNION NOTIFICATION
Local 444 was notified of this contract or December 2,2010. The District is contracting out this workthrough the agreement with the Successor Agency, because the District has already committed pipelinecrews to other pipeline projects. In addition, this pipeline relocation project would require working inphases and in close proximity to the Successor Agency's contractor. Local 444 raised no issues relatedto contracting out this pipeline relocation project.
CEQA/ENVIRONMENTAL COMPLIANCE
Per the Public Resources Code, Section 2J1080.21, this project is exempt from the CaliforniaEnvironmental Quality Act since the work performed under this contract is the routine relocation ofpipelines with a length less than one mile'
ALTERNATIVES
Do Not Relocate the Pipeline. This alternative is not recommended because the District is required toremove its pipelines to accommodate modifications to the Officer Bradley A. Moody MemorialUnderpass Project. Since these pipelines form an essential part of the potable water distribution system,it is not possible to abandon them.
Perform the work with District Forces. This alternative is not recommended because District staff isalready committed to other pipeline projects. Also, installation by the Successor Agency will avoidcoordination issues for this complex project.
Attachments: Location Map
I:\SEC\06-25-13 Board Agenda Items\E&C Agreement with the Successor Agency to the Richmond Community Redevelopment Agency - Marina BayParkway Water Main Relocations
/ •
/ S AN PABLO f CRopKETT' BAY - JT
CUTTING BLVD
•FiODBO
m^mC:.V
JOHN
-<PlfidCE 4ERCULES
PROJECTI SITE
<Zy«a PIERSON
SAN„ PABLO
I RES i&
Wildcat^f *~ , Canyon Rd^.
("SrBANY "S
i BERKELEY'
FBRIONES' RES IVALNll
CREEK
•^•^^m,A"a
PROJECTSITE
LAFAYETTE+ RES
, ALAMO
• .; . ' v ' . ' i ' - . ; • - . - . ; , ' f e ' • ••••• - a . - 3 fe-%VPIEDMC
'/OAKLAND MDANVILLE
UPPERSAN
LEANDRORES „»•*
• ' • • • • ; • ; . ^ ; ^ ^ %
IALAMEDA^
JIBS;
CASTRO IVALLEY ,
SAN LE'ANDRON
SAN LORENZO
•;' »IS^«WteEAST BA Y MUNICIPAL UTILITY DISTRICT
NOT TO SCALE
AGENDA NO.MEETING DATE June 25, 2013
TITLE CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY FOOD WASTECONTRACT AMENDMENT
M MOTION. • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Authorize an amendment to the District's agreement with Central Contra Costa Solid Waste Authority(CCCSWA) for source-separated food waste to provide CCCSWA the option to terminate the agreementsix months early in order to align the terms of its agreement with the District with those of its franchisedhaulers.
DISCUSSION
The District's Resource Recovery (R2) program accepts trucked-in liquid and solid food wastes to makeuse of the District's excess wastewater treatment plant (WWTP) capacity. The excess capacity resultedfrom large food processors leaving the WWTP service area. Under the R2 program, the District acceptshauled food waste to its anaerobic digesters where the food waste is converted into energy and soilamendments from digested food residuals.
The District is currently in the third year of a five-and-one-half year agreement with CCCSWA. Under theagreement, CCCSWA pays the District a tipping fee for the District's acceptance of CCCSWA's source-separated food waste for anaerobic digestion and renewable energy production. In its current form, theagreement will terminate August 31, 2015. CCCSWA determined in early 2013 that the terms of itsagreement with EBMUD extended six months longer than the terms of its hauler franchise agreement.CCCSWA staff approached District staff to request an amendment to the parties' agreement that wouldallow CCCSWA, after giving advance notice to the District, to elect to terminate the agreement onFebruary 28, 2015, six months before the current termination date.
The existing contract also provides for escalating tipping fees ov,er the life of the agreement. CCCSWAcurrently pays the District $55 per ton, but the existing agreement states the tipping fee for the period afterAugust 31, 2013 remains to be determined. The amendment would extend the current $55 per ton ratethrough February 28, 2014. All other components of the agreement remain unchanged and in full forceand effect. CCCSWA has taken all steps needed to execute the amendment.
Funds Available: FY
DEPARTMENT SUBMITTING
Wastewater
Budget Code:
DEPARTMENT MANAG0R/r DIRECTOR"M / / 7 / //
Bennett K.*Horenstein
APPROVED
General Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BD] PS 1008
Central Contra Costa Solid Waste Authority Contract AmendmentJune 25, 2013 ;
Page 2
FISCAL IMPACT
If CCCS WA elects to terminate the agreement six months early, it is estimated that the District couldforego approximately $40,000 to $50,000 in gross revenue, based on 700 to 900 fewer tons of food wastereceived by the WWTP at a tip fee of $55 per ton over the six-month period.
Staff will be working with CCCSWA to be included as part of CCCSWA's new franchise agreement,estimated to be worth $1 million to $2 million to the District over a ten-year period if the District issuccessful.
ALTERNATIVE
Do not amend the agreement. This alternative is not recommended because not agreeing to theamendment would negatively affect CCCSWA's upcoming hauling and processing procurement and rateprocess, scheduled to begin in July or August. Agreeing to the amendment will build upon the District'sgood working relationship with CCCSWA and may hold value in the District's efforts to secure a newlong-term agreement with CCCSWA.
I:\SEC\06-25-13 Board ItemsWW - CCCSWA Food Waste Contract Amendment 6-25-13.docx
AGENDA NO. /S*.MEETING DATE June 25. 2013
TITLE AUTHORIZE CONTINUED EMPLOYMENT OF BARG, COFFIN, LEWIS & TRAPP LLPAS SPECIAL COUNSEL _ _
EMOTION • RESOLUTION • ORDINANCE
RECOMMENDED ACTION
Authorize the Office of General Counsel to continue employment of the law firm of Barg, Coffin, Lewis& Trapp, LLP, for special counsel services related to environmental regulatory and environmentallitigation matters in an additional amount not to exceed $200,000.
DISCUSSION
The firm of Barg, Coffin, Lewis & Trapp has been retained to assist the Office of General Counsel inenvironmental regulatory and environmental litigation matters. The Office of General Counsel is nowrequesting authorization for additional funds for services described in a separate confidentialmemorandum to the Board of Directors.
CONTRACT EQUITY PROGRAM EFFORTS
The completed P-035 and P-061 forms are attached.
FISCAL IMPACT
Sufficient monies have been budgeted in the Office of General Counsel's budget for fiscal year 2014 forthis request for specialized legal assistance.
Funds Available: FY 2014
DEPARTMENT SUBMITTING
Office of General Counsel
Budget Code: WSO 130 8511 5231
DEPARTMENT MANAGER or DIRECTOR
(JO ty'ana Collins, General Counsel
APPROVED ,
General Manager
Contact the Office of the District Secretary regarding questions about completing or submitting this form.
BDl PS 1008
EBmUD This summary contains information on the contractor's workforce and contract equity participation. (Completed by Distn,id)
Amendment to Professional Services Agreement
Authorize Continued Employment of Barg, Coffin, Lewis & Trapp, LLP, asSpecial Counsel
June 4, 2013
CONTRACTOR:
Barg, Coffin, Lewis & Trapp, LLPSan Francisco
GENDER CONTRACTING PARTICIPATIONESTIMATED
AMOUNTCOMPANY NAME ETHNICITY
White-Men
White-Women
EthnicMinorities
PubliclyHeld Corp.
Gov't/NonProfit
Unclassified Foreign
'RIME:
Barg, Coffin, Lewis & Trapp, LLP
SUBS:
None
$200,000 White 100.0%
TOTAL $200,000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
White Men White Women Ethnic Minorities Total Employees
No. of Employees: 13 14 11
Percent of Total Employees: 34.2% 36.8% 28.9% 38
MSA Labor Market %: 30.8% 25.1% 44.0%
MSA Labor Market Location: San Francisco, CA
Contract Equity Participation - 100% White Men participation and no subcontract opportunities exist.
Workforce Profile & Statement of NondiscriminationSubmitted
Good Faith Outreach EffortsRequirement Satisfied
AwaTthApprovalRecommended
NA NA>^\
(P-035-7/11) Page: 1 of 1 File: PS-3177
AFFIRMATIVE ACTION SUMMARY (P-061)
(Completed by District)
This summarizes information provided by the contractor(s)' P-025 Form regarding their workforce.
Esmuo
ntie: Authorize Continued Employment of Barg,Coffin, Lewis & Trapp, LLP, as Special
Counsel
ssional Services Agreement
R=RecmmdP=PrimeS=Sub
Composition of Ownership
Company Name, Owner/Contact Person, Addressand Phone Number
RP WW-SBE
Barg, Coffin, Lewis & Trapp, LLP
John F. Barg
350 California Street, 22nd Floor
San Francisco, CA 94104
415-228-5410
DATE:
6/4/2013
Ethnic Minority Percentages From U.S. Census Data
National
9 Bay Area Counties
Alameda/CC Counties
1 B.10.5
5.5
10.7
L H
10.7
16.2
15.6
A/PI
3.7
14.2
15.4
| AI/AN
0.7
0.4
0.5
]_ TOTAL
27.3
39.9
46.2
Number of Ethnic Minority Employees
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
AA Plan on File:
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
3ay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
Semi/Unskilled
Bay Area
Co. Wide MSA:
Company Wide
Manager/Prof
Technical/Sales
Clerical/Skilled
B
i 21-1-
H
! 2
1
2
I _J__*.NA
San Francisco, CA
A/PI
7
2-
5
-
7
AI/AN
-
--
-
-
-
TOTAL
11
3-
8-
11
Date of last contract with District:
# Employees-Co. Wide:
# Employees-Co. Wide:
# Employees-Co. Wide:
1# Employees-Co. Wide:
1
i
ISemi/Unskilled j
Bay Area |
Co. Wide MSA: |
# Employees-Co. Wide:j
i1
1!
38
i
# Employees-Co. Wide:
PERCENT
28.9%
15.0%
NA
44.4%
NA
28.9%
3/1/2002
Bay Area:
Bay Area:
MSA %
44.0%
39.9%
38
39.9%
_ _ L
Bay Area:
Bay Area:
Bay Area:
Bay Area:
•39.9%
39.9%
39.9%
39.9%
WM=White Male, WW=White Women, EM=Ethnic Minority (Ethnicities: B=Black, H=Hispante, A/PI=Asian/Pacific islander, and AI/AN=Amerfcan Indian/Alaskan Native)
Page: 1 of 1 File: PS-3177P-061-7/11)
AGENDA NO. / & .MEETING DATE June 25, 2013
TITLE NOMINATION AND SUPPORT OF JOHN A. COLEMAN FOR THE OFFICE OFASSOCIATION OF CALIFORNIA WATER AGENCIES PRESIDENT
• MOTION m RESOLUTION . • ORDINANCE
RECOMMENDED ACTION
Approve the nomination of John A. Coleman as a candidate for the office of Association of CaliforniaWater Agencies (ACWA) President and pledge the District's support of his endeavors in fulfilling theduties of this office if elected.
DISCUSSION
ACWA provides opportunities for members to contribute to the development of water policy and effectivewater management in California, particularly as officers of the Association. John Coleman is interested inbeing a candidate for President of ACWA at this time.
BACKGROUND
ACWA expects individuals who fill officer positions to have a working knowledge of water industryissues and concerns, possess strength of character and leadership capabilities, be experienced in mattersrelated to the performance of the duties of the office and be able to dedicate time and energy to effectivelyserve as officers.
John Coleman has been engaged in water industry issues and concerns for more than two decades, and hehas served ACWA in various capacities. He is currently Vice-President of ACWA and was previouslychair of ACWA's Federal Affairs Committee. He has proven himself to be an effective leader inbalancing municipal and agricultural water needs in ACWA's policy positions on issues such as watersupply, flood protection, and regulation of drinking water contaminants. He has been a driver for positiveengagement by California water and wastewater professionals in state association programs and in federallegislative outreach, and he has played a critical role in fostering regional collaboration among wateragencies in the state. John's extensive volunteer work and involvement on a diverse group of boards andcommittees illustrate how widely respected he is for his knowledge, expertise, and ability to dedicate timeand energy to each office that he holds. The attached resolution describes his qualifications for the officeof ACWA President in detail.
AttachmentI:\Draft Board Documents\06-25-13 Board Items\OGM - BD-1 Coleman ACWA President Nomination.docx
Funds Available: FY
DEPARTMENT SUBMITTING
Office of the General Manager
C
Budget Code:
DEPARTMENT MANAGER or DIRECTOR
—-^ / ^ Lynelle M^Lewis
APPROVED
— -^-p—-—f r s*aGdaeral Manager
Contact the Office of the District Secretary with questions about completing or submitting this form.
BDl GS 1008
Draft Prepared By
, fibe of General Counsel
RESOLUTION NO.
NOMINATION AND SUPPORT OF JOHN A. COLEMANAS A CANDIDATE FOR THE POSITION OF ACWA PRESIDENT
BY EAST BAY MUNICIPAL UTILITY DISTRICT BOARD OF DIRECTORS
Introduced by Director ; Seconded by Director
WHEREAS, the Association of California Water Agencies (ACWA) provides opportunities formembers to contribute to water policy and effective water management in California, andACWA has announced that a nominating committee has been formed to develop a slate ofcandidates for the ACWA officers; and
WHEREAS, the individual who fills an officer position must have a working knowledge ofwater industry issues and concerns, possess strength of character and leadership capabilities, beexperienced in matters related to the performance of the duties of the office and be able todedicate time and energy to effectively serve in this capacity; and
WHEREAS, John. A. Coleman has expressed interest in being a candidate for President of theACWA Board of Directors; and
WHEREAS, John A. Coleman was first elected to the East Bay Municipal Utility District(EBMUD) Board of Directors in 1990, has been re-elected five times representing thecommunities of Alamo, Danville, Lafayette, and portions of Pleasant Hill, San Ramon, andWalnut Creek, and currently serves as Chair of EBMUD's Finance/Administration Committee;and
WHEREAS, Mr. Coleman has long been active on water and wastewater boards at the regional,state and national levels and currently holds positions that include Vice-President of ACWABoard of Directors; Chair of ACWA's California Finance Water Task Force; Chair of theFreeport Regional Water Authority (FRWA); Chair of the Upper Mokelumne River WatershedAuthority (UMRWA); and Board Member of DERWA, the joint powers authority for recycledwater service provided to EBMUD and the Dublin-San Ramon Services District; and
WHEREAS, Mr. Coleman demonstrated his ability to provide strong leadership for a stateassociation as an officer and as past President of the California Association of SanitationAgencies (CASA) board, and with his guidance, CASA established a comprehensive strategicplan, launched a statewide program to promote beneficial use of biosolids and educate the public
about biosolids management practices, initiated targeted outreach to potential members andexpanded membership 27 percent during his two-year term as President, and initiated annualWashington DC conferences to increase CASA's voice on federal issues; and
WHEREAS, Mr. Coleman's participation in local and regional organizations is indicative of hisbroad network and includes: presently serving as a board member of the East Bay LeadershipCouncil (formerly Contra Costa Council); community involvement that includes election to theCouncil Executive Board of the Mt. Diablo Silverado Council; serving as Eagle Advisor ofTroop 243 in Lafayette, being a proud Eagle Scout; previously serving as the Lafayette Chamberof Commerce President; and current employment as the Executive Director of the Bay PlanningCoalition; and
WHEREAS, Mr. Coleman has a proven record of positive engagement with federal, state,regional and local agencies, having served as a member of ACWA's National EndangeredSpecies Act Reform Coalition, testified frequently on CASA's behalf before the CaliforniaLegislature and the United States Congress as a CASA officer, served as the Deputy Director ofExternal Affairs for the California Conservation Corps, been a board member of the Bay AreaLeadership Foundation, and been a member of the Association of Bay Area Government'sCALFED Task Force and Water and Land Use Subcommittee; and
WHEREAS, Mr. Coleman ably chaired the ACWA Federal Affairs Committee, balancingmunicipal and agricultural water needs in ACWA's policy positions on issues such as watersupply, flood protection, and regulation of drinking water contaminants; establishing anenergetic agenda promoting passage of federal policy and budgets that maintain the federalpartnership in supporting local agencies' infrastructure needs; and providing leadership for theACWA Washington, DC, Conference at which more than 100 attendees were briefed by keymembers of Congress and senior Executive Branch officials on the status of priorities andprospects for restoring the Bay Delta and the role of the federal government; and
WHEREAS, it is the opinion of the East Bay Municipal Utility District Board of Directors thatMr. Coleman possesses all of the qualities needed to fulfill the duties of the office of ACWAPresident;
NOW, THEREFORE, BE IT RESOLVED that the East Bay Municipal Utility District Board ofDirectors does hereby nominate and support John A. Coleman as a candidate for the office of
ACWA President, pledging the District's support of his endeavors in fulfilling the duties of thisoffice if elected.
ADOPTED this 25th day of June, 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
President
ATTEST:
Secretary
APPROVED AS TO FORM AND PROCEDURE:
General Counsel
W:\400\410\410.01VAppointments\Coleman ACWA President Nomination O62513.docx
EAST BAY MUNICIPAL UTILITY DISTRICT
DATE: June 20, 2013
MEMO TO: Board of Directors
FROM: Alexander R. Coate, General Manager f r '
SUBJECT: Legislative Report No. 07-13
The following issues are being referred to the Board of Directors for action, as appropriate.
RECOMMENDEDFEDERAL LEGISLATION POSITION
H.R. 935 REDUCING REGULATORY BURDENS OPPOSE(Gibbs) ACT OF 2013
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires the U.S.Environmental Protection Agency (EPA) to regulate the use and sale of pesticides to protecthuman health and preserve the environment. In 2006, the EPA exempted the application ofpesticides applied directly to, over, or near water bodies from the National Pollutant DischargeElimination System (NPDES) permit requirements if used in compliance with FIFRA and for thecontrol of pests such as mosquito larvae and aquatic weeds. In 2009, the U.S. Court of Appealsfor the Sixth Circuit overturned the exemption and granted a stay to provide time for the EPA topromulgate a new permitting process for pesticides. As of October 31, 2011, when the newpermitting process went into effect, an NPDES permit is required for the application ofpesticides to, over, or near water bodies.
An NPDES permit is currently required for the application of pesticides when they are appliedover, into, or near water bodies for the following uses: 1) mosquito and other flying insect pestcontrol; 2) aquatic weed and algae control; 3) aquatic nuisance animal control; and 4) forestcanopy pest control. An NPDES permit is not required for applications to control pests onagricultural crops, forest floors, or activities exempt from permitting under the Clean Water Act,including irrigation return flow and agricultural stormwater runoff.
H.R. 935 (Gibbs) would roll-back the current regulatory requirement that pesticide applicationto, over, or near water bodies be subject to an NPDES permit. Specifically, H.R. 935 wouldamend the Clean Water Act to exempt discharges of pesticides registered under FIFRA fromNPDES requirements and amend FIFRA to prohibit the EPA or a state from requiring a permitunder the Clean Water Act for the application of pesticides regulated under FIFRA.
In California, the State Water Resources Control Board (SWRCB) implements the NPDESpermit program on behalf of the EPA. The SWRCB has adopted four general NPDES permits forpesticide application. H.R. 935, if successful, would lower the baseline regulation of pesticide
Board of DirectorsJune 20, 2013Page 2
applications in or near water bodies that individual states would have to comply with and wouldeliminate California's ability to regulate these applications through its current NPDES permittingsystem.
Aerial spraying of pesticides for vector and weed control is a potential source of contaminationof water bodies if not properly controlled and regulated. Requiring an NPDES permit forapplication of pesticides in, over, or near water bodies ensures that critical drinking watersupplies are adequately protected.
EBMUD operates two reservoirs in the Mokelumne River watershed and five reservoirs withinthe Bay Area. Pesticide application via aerial spraying has the potential to impact the quality ofwater that is stored in these reservoirs and, accordingly, could impact the drinking water qualityfor EBMUD's 1.3 million water customers. By exempting the application of pesticides fromNPDES permit requirements, H.R. 935 would eliminate proper oversight that is critical toensuring the safety of drinking water.
Though H.R. 935 is currently a stand alone measure, it is likely that the contents of H.R. 935 willbe considered for inclusion in a broader Farm Bill. Regardless of what vehicle ultimately movesforward, it will be important for staff to continue to advocate EBMUD's position on this issue.
A list of entities in support and opposition to H.R. 935 is not available.
H.R. 1823 PROTECTING LAKES AGAINST QUAGGAS SUPPORT(Heck) ACT OF 2013
The Lacey Act regulates the import and interstate commerce of species protected by internationaland domestic law, and the import and interstate transport of federally listed invasive species. TheU.S. Fish and Wildlife Service is responsible for enforcing the prohibitions on the import andinterstate transport of invasive species, and for supporting individual state efforts to prevent theintroduction of state-banned invasive species via interstate commerce or international trade.Under the Lacey Act, zebra mussels are currently included on the federal list of invasive species.However, quagga mussels, another type of dreissenid mussel, are not currently listed as aninvasive species at the federal level.
H.R. 1823 (Heck), co-sponsored by Congressman Mike Thompson, would amend the Lacey Actto include all species of dreissenid mussels, not just zebra mussels, on the federal invasivespecies list. This would ensure that both zebra and quagga mussels would be considered invasivespecies at the federal level and prohibit the import and interstate transport of both zebra andquagga mussels. Under H.R. 1823, the import or transport between states of zebra and quaggamussels would be punishable with criminal and civil penalties.
H.R. 1823 is intended to provide federal agencies greater ability to prevent the spread of invasivemussels throughout the country. Listing dreissenid mussels on the invasive species list, instead of
Board of DirectorsJune 20, 2013Page3
only listing zebra mussels, would give federal agencies more authority to check boats crossingstate lines or entering federal land for the presence of any dreissenid mussels.
Dreissenid mussels originated in the Ukraine and Black and Caspian Sea drainages and firstappeared in North America in the 1980s as a result of transatlantic cargo ship traffic in the GreatLakes region. The first detection west of the Continental Divide was made in January 2007,when quagga mussels were found in Lake Mead. Quagga mussels were subsequently discoveredin the Colorado River and Aqueduct, and in at least ten reservoirs in Nevada, Arizona, andSouthern California, prompting emergency actions by impacted water utilities. In January 2008,zebra mussels were discovered in Northern California in the San Justo Reservoir in San Benito'County. To date, no reliable method of eradication has been identified, and once a body of wateris infested it is extremely costly to control the infestation.
Dreissenid mussels spread in water by clinging to the outer surfaces of boats and other aquaticequipment or by the microscopic mussel larva, known as veligers, drifting or otherwise enteringinto water bodies. According to the former California Department of Fish and Game (DFG), nowthe California Department of Fish and Wildlife, "the most likely mechanism for transfer betweennon-contiguous water bodies in the U.S. is through contaminated boats."
EBMUD has implemented an aggressive prevention and monitoring program for its water systemand has spent over $3 million on this program since 2008. The prevention program, in place atall six reservoirs on which recreational boating is allowed, includes a vessel history survey andphysical inspection. Boats which fail either the survey or inspection may not be launched intoEBMUD reservoirs. To date, neither quagga nor zebra mussels have been found withinEBMUD's water system.
Because much of California's water supply system is interconnected, no single water supplyagency can stop the spread of dreissenid mussels by itself. By expanding current law to includeall dreissenid mussels on the federal list of invasive species, H.R. 1823 would provide federalagencies the greater authority in efforts to control invasive mussels, and help prevent the furtherspread of these invasive species.
EBMUD has previously sponsored and supported legislation at the state level to address thethreat of dreissenid mussels. EBMUD sponsored AB 2065 (Hancock) in 2008, which requiredthe owners and operators of recreational reservoirs that are not infested with dreissenid musselsto implement a mussel prevention program. AB 2065 was signed into law (Chapter 667). Mostrecently, in 2012, EBMUD supported AB 2443 (Williams), which established a statewide boaterregistration fee to fund invasive mussel prevention and eradication efforts at the state and locallevel. AB 2443 was signed into law (Chapter 485). In 2011, EBMUD supported SB 215 (Huff),which extended the sunset date from January 1, 2012 to January 1, 2017, authorizing DFG tocontinue to control and eradicate zebra and quagga mussels from mussel-infested waters. SB 215was signed into law (Chapter 332).
A list of entities in support and opposition to H.R. 1823 is not available.
ARC:MD:JF
EAST BAY MUNICIPAL UTILITY DISTRICT
DATE: June 20,2013
MEMO TO: Board of Directors
THROUGH: Alexander R. Coate, General Manager
FROM: Eric L. Sandier, Director of Finance
SUBJECT: Investment Management
SUMMARY
At the April 23, 2013 Finance/Administration Committee meeting, staff presented the quarterlyinvestment reports which included the investment transactions for the period January 1 throughMarch 31,2013. The Committee requested that staff provide an overview of the process used forselecting the investments in the investment portfolio at a future meeting.
At the May 28, 2013 Finance/Administration Committee meeting, staff provided a presentationand reviewed the investment management process, which included a summary of InvestmentPolicy 4.07, risk management of the portfolio and the day-to-day investment portfoliomanagement. The presentation provided an overview of the investment criteria and managementof the portfolio. It also highlighted the key elements of the Investment Policy: safety, liquidity,yield and diversity.
The Committee asked that the presentation be provided to the full board at a future meeting.Accordingly, staff will provide this presentation during the General Manager's report at the June25th meeting.
ARC:ES:WH
I:\SEC\06-25-13 Infos\ FIN - Info Memo Investment Mgmt 062513
EAST BAY MUNICIPAL UTILITY DISTRICT
June 20,2013
Board of Directors
Alexander R. Coate, General Manager f r ^
Xavier J. Irias, Director orEngineering & Construction
Dingee Backbone Pipeline and Claremont Center Aqueducts ReplacementProject
DATE:
MEMO TO:
THROUGH:
FROM:
SUBJECT:
Construction bid documents for the Dingee Backbone Pipeline and Claremont Center AqueductsReplacement Project are currently advertised on the District's Construction Bid Opportunitiesweb page under Specification 2059. The bid opening date is scheduled for July 17,2013 and theBoard is scheduled to consider award of the construction contract on August 13, 2013.
The project consists of installing approximately three miles of 20- to 54-inch diametertransmission mains and approximately two miles of 6- to 12-inch diameter distribution mains inthe cities of Berkeley and Oakland (see Attachment 1). The entire project will take approximatelytwo years and involves critical outages, work sequence scheduling and street closures.
The Mitigated Negative Declaration (MND) for the Dingee Backbone Pipeline Project wasapproved by the Board on May 10,2011. Subsequent to approval of the MND, replacement ofthe Claremont Center Aqueducts was added to the project due to similarities in project location,opportunities to improve construction efficiency, and the benefit of lessening overall impact oncommunity residents. An addendum to the MND to include replacement of the Claremont CenterAqueducts was completed in March 2013 and a Notice of Determination (NOD) for theaddendum was filed with Alameda County on June 10,2013. A thirty day comment period forthe NOD will end on July 10,2013.
Staff will provide an overview of the key elements of the project during the June 25,2013 Boardmeeting.
ARC:XJI:CFD
Attachment
I:\SEC\06-20-13 Info\E&C Dingee Pipeline Replacement Project.doc
ATTACHMENT 1
Reach 1
Reach 2
EAST BAY MUNICIPAL UTILITY DISTRICT
DATE: June 20, 2013
MEMO TO: Board of Directors
THROUGH: Alexander R. Coate, General Manager P ^
FROM: Lynelle M. Lewis, Secretary of the D^tri|j>^^'<L"~"
SUBJECT: Planning Committee Minutes - June-fl, 2013
Chair Katy Foulkes called to order the Planning Committee at 9:32 a.m. in the TrainingResource Center. Directors Doug Linney and Lesa R. Mclntosh were present at roll call.Staff present included: General Manager Alexander R. Coate, General Counsel JylanaCollins, Director of Engineering and Construction Xavier J. Mas, Director of WastewaterBennett K. Horenstein, Supervising Wastewater Control Representative Chandra R.Johannesson, Special Assistant to the General Manager Cheryl A. Farr, and Secretary of theDistrict Lynelle M. Lewis.
Public Comment. None.
Happy Valley, Sunnyside and Donald Pumping Plants and Arditfa Reservoir ProjectUpdate. Director of Engineering and Construction Xavier J. Mas presented a status update onthe projects which were approved in the Water Treatment and Transmission ImprovementsProgram Environmental Impact Report. He reported that this update was in follow up to adiscussion at the Planning Committee on March 26, 2013, where Locals 2019 and 21 raisedcomments about the need to contract for architectural and landscaping services for thefacilities. Mr. Mas said that since that time staff has continued to discuss the work on thesethree pumping plants and reservoir with Locals 2019 and 21 and has reviewed the staffingneeded for these projects.
The further review confirmed that the architectural and landscape design demands of theproposed projects represent more complex and community-sensitive types of work than istypical of EBMUD projects and is not the type of work performed routinely by EBMUD's in-house architect. Mr. Mas presented charts showing projected architectural needs for the nextseveral years, and explained the work as a whole would be less than a full-time equivalent(FTE) and that in addition when contracted expertise is acquired typically the contractorassigns multiple people with different types of expertise as a team whose total hours may equalan FTE on an intermittent basis. He noted that it would be impractical for the District to hirefor these specialty needs. Consequently, Mr. Mas said, contracting for this work givesEBMUD access to a vast range of skills beyond what any one person possesses and allowspeak workloads to be efficiently met on schedule. In response to a question about costcomparisons for in-house versus contract, Mr. Idas said previous studies have shown the costsare comparable. Staff plans to bring these contracts to the Board for consideration on June 25th.The Committee was complimentary of the information provided in the presentation.
Board of DirectorsPlanning Committee Minutes of June 11, 2013June 20, 2013
SF Bay Protection - Pharmaceutical Take-Back Program Campaign. SupervisingWastewater Control Representative Chandra R. Johannesson presented an update on the newbillboard campaign for use this fall to promote the District's Pharmaceutical Take-BackProgram. She said that the program educates consumers to safe alternatives to flushingPharmaceuticals down the drain. Since the District began the take-back program in 2009, shereported that over 6,000 pounds of unwanted/expired medication have been collected andproperly disposed of through EBMUD collection facilities. Currently, the District sponsorseight collection sites (four in Oakland, two in Berkeley, one in El Cerrito, and one in Alameda)and is actively working with city staff to add sites in Albany and Emeryville this year.
The next steps are for staff to complete work on preparing the new billboard campaign forOctober 2013 and make arrangements to use several sites within the service area under termsestablished in the District's billboard contract with Clear Channel.
In addition, staff will continue to strategically add collection sites and suppoit legislation atthe federal, state and local levels that promote proper disposal of medications andpharmaceutical industry responsibility. The Committee asked about the costs for the overallprogram, and staff said that the program's direct costs are about $20,000 for bins and off haul.The Committee commended the creative work of staff on this campaign.
Adjournment. Director Foulkes adjourned the meeting at 10:18 a.m.
ARC/LML/slbW:\Minutes\Minutes 2013\061113_planning_minutes.doc
EAST BAY MUNICIPAL UTILITY DISTRICT
DATE: June 20, 2013
MEMO TO: Board of Directors
THROUGH: Alexander R. Coate, General Manager M^
FROM: Lynelle M. Lewis, Secretary of the D i s t r i c t Y w ^ ^ ^ ^ i ^
SUBJECT: Legislative/Human Resources Committee Minutes - June 11,2013
Chair Lesa R. Mclntosh called to order the Legislative/Human Resources Committee at 10:30 a.m.in the Training Resource Center. Directors John A. Coleman and Frank Mellon were present at rollcall. Staff present included: General Manager Alexander R. Coate, General Counsel Jylana Collins,Manager of Human Resources Delores A. Turner, Principal Management Analyst Roger H. Wapner,Special Assistants to the General Manager Marlaigne K. Dumaine and Cheryl A. Farr, and Secretaryof the District Lynelle M. Lewis.
Public Comment. None.
Proposed Drug and Alcohol Testing Program Contract. Principal Management Analyst RogerH. Wapner presented an update on the program and the selection process for a new a Third PartyAdministrator (TPA) for drug and alcohol testing services. He said that the District has compliedwith Department of Transportation (DOT) random drug and alcohol testing for employees that arecommercial drivers since testing was mandated in 1995. The current contract for testing services willexpire at the end of FY13 and a selection process for a new provider has been completed.
Requests for proposals were sent to nine potential providers and five proposals were submitted.Mr. Wapner reported that American Industrial Care, Inc. (AIC) was the unanimous choice of thejoint labor/management selection committee from among the five proposals. The committeeidentified AIC as the best vendor based on a variety of factors, including cost. A recommendation toauthorize an agreement with AIC is scheduled for Board consideration on June 25, 2013. There wasdiscussion by the Committee about the program. Mr. Wapner pointed out that this is a fee-for-services contract dependent on the number of employees required to be tested.
Legislative Report. Special Assistant to the General Manager Marlaigne K. Dumaine highlightedthe three bills and the recommended positions presented in Legislative Report No. 06-13:SUPPORT AB 118 (Assembly Committee on Environmental Safety and Toxic Materials) - SafeDrinking Water State Revolving Fund; SUPPORT SB 322 (Hueso) - Water Recycling; andSUPPORT Cap and Trade Revenue Approach. It was moved, seconded and unanimously earnedto accept the staff recommended positions. There was some discussion about the cap and traderevenue eligibility for water and wastewater agencies. Next, Ms. Dumaine reported that SenatorRonald Calderon's office was the subject of a recent FBI investigation for campaign financeviolations. She said staff would keep the Board apprised as more information becomes available.
Adjournment. Director Mclntosh adjourned the meeting at 10:50 a.m.
ARC/LML/slbW:\Minutes\Minutes2013\0611I3 lhr minutes.doc