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, 2013 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.


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


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.



11:00 a.m.1:15 p.m.TBDTraining 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



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



|

211

i


32

6

2

20

4

2

4

1-

1

2


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


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


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%



White-Men

White-Women

EthnicMinorities

PubliclyHeld Corp.

Gov't/NonProfit


'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



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



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


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


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




i


Say Area j ]

Co. Wide MSA: I

ii

I

i1

!


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


Engineering and Construction

DEPARTMENT MANAGER or DIRECTOR

Xavier J. Irias

APPROVED

1 — j ^ 2- SSL. ; !^_

G^peral Manager


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


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




BBMUD

Title:Happy Valley, Sunnyside, and Donald Pumping

Plants and Ardith Reservoir Project

ssional Services Agreement



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


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


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-

-



I

-

--

-

-

-

6

41

1-

Ventura


2

2-

-

-

-

--

-

-

-





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


Xavier J. Irias neral Manager


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.


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.



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


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



MSA Labor Market %: 42.8% 38.4% 18.8%

Contract Equity Participation - 100% Ethnic Minority participation.



Award ApprovalK Reooi^nended

NA NA

(P-035 - 7/11) Page: 1 of 1 File: PS-3139


(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





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


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


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:


----

-

----

-

----

-

----

-

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.


Completed P-035 and P-061 forms are attached.

Funds Available FY: FY14-FY15 Budget Code: 3j 14-1000481:11, 15, 16 7999-5241


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


'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:


MSA Labor Market %: 32.3% 27.8% 39.9%

MSA Labor Market Location: 9 Bay Area Counties

Contract Equity Participation - 100% White Men participation.



NA N,,A]

(P-035-7/11) Page: 1 of 1 File: GS-3171


(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




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)


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




9

-

4

2

3

8

-

-

-

-

-


16

3

3-

10

15

-

--

--

-


m42JL™_9__.11

3

12

16

-

1

-4

4

-


I ,

15

26

1

5

5

15

13

52

27

5

5

17

25

43

313

45

17

105

146

1,895


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.


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


BDl PS 1008

Department of Transportation Drug and Alcohol Testing Third Party Administrator Contract AwardJune 25,2013Page 2



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


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%


No. of Employees:


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.



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)


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





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


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


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




-

-

-

-

--

-

-

-

-# Employees-Co. Wide:

1

-

-

1

-

-

-

-

-

-

-


2 !

2

-

-

2

-

-

-

-

-

- |


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)


Water and Natural Resources

DEPARTMENT MANAGER or DIRECTOR- 'V APPROVED

iJLjJfa /&##*&,/. git**-/Q^neral ManagerRichard G. Sykes


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


B D l PS 100S

Authorize an Agreement with ENS Resources, Inc.June 25, 2013Page 2



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


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%



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.



"•> Ssjvard Approvalo ~ - \ Recornjqended

NA|On File

Page: 1 of 1(P-035-7/11)



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





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


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


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

|


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:


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


|

i

tilled (_

cilled !

Co. Wide JWSA:

I


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


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.



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)


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%



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.


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





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)


svided by the contractor(s)' P-025 Form regarding their workforce.

Twoval

13


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


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


# Employees-Co. Wide: 85

PERCENT

60.0%

50.0%

66.7%45.5%

78.6%

60.0%

6/19/2008

Bay Area:

Ir—•

!



!

i


_ L


|

Tiii


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


Finance

DEPAR- 'OR APPROVED

GJU*~/Eric L. Sandier G&feral Manager


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


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


White-Women

EthnicMinorities

PubliclyHeld Corp.

Gov't/NonProfit


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


MSA Labor Market %: 50.6% 45.0% 4.4%

MSA Labor Market Location: New Hampshire

Contract Equity Participation -100% White Men participation.


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




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)


wided by the contractor(s)' P-025 Form regarding their workforce.

!SS

DATE: I

6/6/20 (l 3


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


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%


I I

39.9%


I

39.9%


i39.9%


: 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:


Water and Natural Resources

DEPARTMENT MANAGER or DIREC

^Richard G. Sykes

TOR APPROVED -

i^heral Manager


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.


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


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


White-Women

EthnicMinorities

PubliclyHeld Corp.

Gov't/NonProfit


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


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


/ided by the contractors)1 P-025 Form regarding their workforce.

Title: Mokelumne Watershed Rangeland HealthAssessment and Monitoring Services - Five

Year Contract





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


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


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




! —r™~# Employees-Co. Wide:


i


i

i


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



Budget Code WSC\570\7999\5561


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


Wastewater

Budget Code:

DEPARTMENT MANAG0R/r DIRECTOR"M / / 7 / //

Bennett K.*Horenstein

APPROVED

General Manager


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.



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


Office of General Counsel

Budget Code: WSO 130 8511 5231


(JO ty'ana Collins, General Counsel

APPROVED ,

General Manager


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



White-Men

White-Women

EthnicMinorities

PubliclyHeld Corp.

Gov't/NonProfit


'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%


No. of Employees: 13 14 11


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.



AwaTthApprovalRecommended

NA NA>^\

(P-035-7/11) Page: 1 of 1 File: PS-3177




Esmuo

ntie: Authorize Continued Employment of Barg,Coffin, Lewis & Trapp, LLP, as Special

Counsel





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


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


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





1# Employees-Co. Wide:

1

i

ISemi/Unskilled j

Bay Area |

Co. Wide MSA: |

# Employees-Co. Wide:j

i1

1!

38

i


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


Office of the General Manager

C

Budget Code:


—-^ / ^ Lynelle M^Lewis

APPROVED

— -^-p—-—f r s*aGdaeral Manager


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


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


DATE: June 20,2013


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


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


DATE: June 20, 2013


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


DATE: June 20, 2013


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

EAST BAY MUNICIPAL UTILITY DISTRICT€¦ · USDC, N.D. Cal., Case No. CV 09-0186 RS 3. Conference...

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