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Home My WebLink About09-06-01 AGENDA BACKUP Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 20, 2001 No.: 4.a. CONSENT CALENDAR Type of Action: CONTINUE PUBLIC HEARING Subject: CONTINUE THE PUBLIC HEARING IN CONJUNCTION WITH THE ANGELO STREET/EL SOMBRO CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-3 TO OCTOBER 4, 2001 Submitted By: Curtis Swanson, Division Manager Initiating Dept ./Div. : Engineering/Environmental Services REG~ND RECOMMENDEO FOR BOARD AC~ c. Sw.",," ~ . K. Aim ISSUE: A public hearing regarding Angelo Street/EI Sombro Contractual Assessment District No. 2000-3 (CAD No. 2000-3) was scheduled for September 20, 2001. Additional time is needed to allow consideration of the project costs by the CAD participants. RECOMMENDATION: Continue the public hearing and continue consideration of approval of Angelo Street/EI Sombro CAD 2000-3 to October 4, 2001. FINANCIAL IMPACTS: The estimated total project cost is $201,604. The District has authorized up to $1,000,000 per year for CADs in 2001-02. To date, the Board has approved 2 CAD projects with a total project cost of $369,755. There is $630,245 remaining for other CAD projects. AL TERNA TIVES/CONSIDERA TIONS: None BACKGROUND: A group of 15 parcel owners on Angelo Street/EI Sombro in Lafayette have requested that the District form a contractual assessment district for the purpose of financing and constructing a public sewer system that will benefit their properties. The Angelo Street/EI Sombro CAD meets all of the criteria for formation of a contractual assessment district. The Board of Directors adopted a Resolution of Intention to form a contractual assessment district on July 6, 2000. The proposed CAD project includes approximately 1,255 linear feet of 8-inch sewer main, and five standard manholes that will serve the proponents' 15 existing properties, all of which have existing homes presently relying on septic tanks. A map showing the proposed boundary and the proposed sewer location is presented as Attachment 1. 9/13/01 U :\CAD\AngeloEISobro\ContHear. wpd Page 1 of 3 POSITION PAPER Board Meeting Date: September 20, 2001 Subject: CONTINUE THE PUBLIC HEARING IN CONJUNCTION WITH THE ANGELO STREET/EL SOMBRO CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-3 TO OCTOBER 4, 2001 On July 6, 2000, the Board of Directors adopted a resolution directing the preparation of a report for a Contractual Assessment District known as Angelo Street/EI Sombro CAD No. 2000-3. Since the public hearing was scheduled by the Board, participants have requested additional time and a meeting with District staff to consider the project elements, costs and schedules. This informational meeting will be scheduled during the week of September 17 or 24. The residents in the CAD have been notified that the public hearing will be continued until October 4, 2001. RECOMMENDED BOARD ACTION: Continue the public hearing and consideration of approval of Angelo Street/EI Sombro CAD No. 2000-3 to October 4, 2001. 9/13/01 U :\CAD\AngeloEISobro\ContHear. wpd Page 2 of 3 I ~ c: '" -0 o ..., o o o o N -0 o U /' Q. o ~ '" .. .. o o o /' '" Q. o E V Q. '1 \ ~ \ LOCATION MAP ~ N , \ \ \ \ .-- \ \ \ \ \ I I I I \ ~ ~ O~ -Z ~ ~ >' I POTENTIAL CAD AREA EXISTING SEWER PLANNED CAD SEWER LIKELY CAD PARTICIPANTS LIKELY NON- PARTICIPANT FEET I 111111111111 * 80 + o ..., ~ c; o N <:. ;t :2 Central Contra Costa Sanitary District PROPOSED BOUNDARY OF ANGELO ST/EL SOMBRO CAD 2000-3 1 Exhibit PCige 3 of 3 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 20,2001 Type of Action: AUTHORIZE AWARD No.: 6.a. BIDS AND AWARDS Subject: AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO INSITUFORM TECHNOLOGIES, INC., FOR THE ORINDA TRUNK SEWER CURED- IN-PLACE (CIP) PIPE PROJECT, DISTRICT PROJECT 5551 Submitted By: Tom Godsey, Associate Engineer Initiating Dept./Div. : Engineering/Capital Projects ~ T. Godsey & (JJ7) W. Brennan REVIEWED AND RECOMMENDED FOR BOARD ACTION: ISSUE: On September 5, 2001, sealed bids were received and opened for a construction contract for the Orinda Trunk Sewer Cured-in-Place (CIP) Pipe Project, District Project (DP) 5551. The Board of Directors must authorize award of the contract or reject bids within 50 days of bid opening. RECOMMENDATION: Authorize award of a construction contract. FINANCIAL IMPACTS: Approximately $332,000 including contingency and construction management. AL TERNATIVES/CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: The District began a trunk and interceptor sewer TV inspection program in February of this year to evaluate corrosion problems in District concrete pipe. The 30-inch diameter reinforced-concrete pipe (RCP) carrying the sewer flow from the Lower Orinda Pumping Station force main (see Attachment 1 for location) was one of the first sewers inspected in the program. The TV inspection revealed extensive corrosion throughout the sewer (approximately 1,020 ft.) with a serious localized problem (43 ft.) downstream of the junction structure. Engineering staff fast tracked the design for replacement of the worst section of the sewer, and this section was replaced in June. Engineering staff has now designed a cured-in-place pipe liner repair for most of the remaining 30-inch diameter (-977 ft.) reinforced-concrete pipe. A CIP liner is a trenchless repair method, which minimizes the amount of construction impacts, specifically, in this case, traffic impacts on Camino Pablo. Traffic impacts will be further reduced by requiring all work that needs lane closures to be done at night. District 9/13/01 1:\Design\Position Papers\5551 \DP5551 BTG.wpd Page 1 of 5 POSITION PAPER Board Meeting Date: September 20,2001 Subject: AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO INSITUFORM TECHNOLOGIES, INC., FOR THE ORINDA TRUNK SEWER CURED- IN-PLACE (CIP) PIPE PROJECT, DISTRICT PROJECT 5551 staff will be on site at all times to insure proper traffic control. Day time work will consist of monitoring of the pipe liner curing process, bypass pumping, and site restoration. The plans and specifications were prepared by District staff. The engineer's estimate for construction is $350,000. A total of two sealed bids were received and publicly opened on September 5, 2001. A summary of bids received is shown in Attachment 2. Capital Projects Division staff conducted a technical and commercial review of the bids and determined that the bid submitted by Insituform Technologies, Inc., is the lowest responsible bid at $234,435. The District will administer the construction contract and will provide inspection, office engineering, and shop drawing review. An initial allocation of $25,000 was made from the Collection System Program Contingency Account. This project is included in the fiscal year 2001-2002 Capital Improvement Budget (CIB) under the Collection System Urgent Project Program. The funds required to complete this project, as shown in Attachment 3, are $307,000. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 18.2, since it involves the repair of an existing facility with no expansion of capacity. Authorization of the construction contract for this project will establish the Board of Directors' independent finding that the project is exempt from CEQA. RECOMMENDED BOARD ACTION: Authorize the award of a construction contract in the amount of $234,435 for completion of the Orinda Trunk Sewer CIP Pipe Project, DP 5551 to Insituform Technologies, Inc., the lowest responsible bidder. 9/13/01 1:\Design\Position Papers\5551\DP5551 BTG.wpd Page 2 of 5 <: ~ ~ " ;;:; on on ...- J: u .2 " ...- ;;:; on on ...- '" '" '0 u ~ Central Contra Costa Sanitary District ~-::....~~ r-..-: _ ~ '""""'NO PABLo- o - 1000 FEET 2000 Attachment 5 c N 0.. ..... V> S? ORINDA TRUNK SEWER CIP D.P. X5551 1 ~ Page 3 of 5 I- ATTACHMENT 2 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. 5551 Orinda Trunk Sewer CIP Pipe Project DATE September 5. 2001 LOCATION Orinda. CA ENGR. EST. $ 350.000 BIDDER (Name, Telephone & Address) BID PRICE 1 Mocon Corporation 503-735-2120 $ 324,925.00 11919 N Jantzen Ave #290 Portland, OR 97217 2 Insituform Technologies, Inc 707-747-5888 $ 234,435.00 5100 E. Second Street Benicia, CA 94510 3 4 5 Pqge 4 of 5 BIDS OPENED BY Jovce E. Murohv. Secretarv of the District DATE Seotember 5. 2001 SHEET NO ...L OF ...L ATTACHMENT 3 ORINDA TRUNK SEWER CIP PIPE PROJECT DISTRICT PROJECT NO. X5551 PROJECT BUDGET ITEM DESCRIPTION TOTAL PERCENT OF ESTIMA TED CONSTRUCT ION COST 1 Construction Cost $234,435 2 Contingency at 20% $47,565 Construction Subtotal $282,000 1 00.0 % 3 Project Management/ Contract Administration $4,000 Project Inspection $10,000 Construction Management Subtotal $14,000 5.0% 4 Miscellaneous $2,000 Record Drawings $1 ,000 Collection System Operations/Pumping $2,000 Stations Permits/Inspection by Others $4,000 Materials Testing $2,000 Miscellaneous Subtotal $11 ,000 3.9% Construction Management Total $25,000 8.9% 5 Pre bid Expenditures $25,000 8.9% 6 Total Project Cost $332,000 117.8% 7 Funds Allocated to Date $25,000 8 Allocation Required to Complete Project $307,000 Page 5 of 5 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 20, 2001 No.: B.a. ENGINEERING Type of Action: AUTHORIZE AGREEMENT Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH WILSON, IHRIG & ASSOCIATES, INC. FOR PROFESSIONAL CONSULTING SERVICES IN CONNECTION WITH THE DOUGHERTY VALLEY TUNNEL AND TRUNK SEWER PROJECT, DISTRICT PROJECT NO. 5902 Submitted By: Ken Clark, Contract Administrator Initiating Dept./Div.: Engineering / Capital Projects tfu -#r H. Thorn ~ ~A- A. Farrell REVIEWED AND RECOMMENDED FOR BOARD ACTION: W. Brennan ISSUE: Board of Directors' authorization is required for the General Manager to e professional services agreements in amounts greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute an amendment to an agreement with Wilson, Ihrig & Associates, Inc., adding $20,000 for professional consulting services in connection with the noise and vibration measurement and provide construction support during the installation of the trunk sewer on Mangos Drive and Estero Drive in the City of San Ramon. The addition will bring the total contract amount to $62,500. The prior contract amount of $25,000 was approved by the Board of Directors at the award of the construction contract for the Dougherty Valley Tunnel and Trunk Sewer Project on July 5, 2001, and was subsequently increased to a total of $42,500. FINANCIAL IMPACTS: The cost will be re-allocated from the existing authorized project contingency budget. ALTERNATIVES/CONSIDERATIONS: In order to comply with the City of San Ramon encroachment permit, noise and vibration monitoring and related activities must continue through the construction duration. There are no viable alternatives. BACKGROUND: The construction contract for the Dougherty Valley Tunnel and Trunk Sewer Project was awarded on July 5, 2001, after a delay of more than two years because of various litigations, including litigation between the District and the City of San Ramon over the issuance of an encroachment permit. The litigation was ultimately resolved by a negotiated settlement agreement, and the encroachment permit was issued by the City including a requirement on vibration and noise monitoring and mitigations. A contract in the amount of $25,000 was negotiated with Wilson, Ihrig & Associates, Inc. prior to the start of construction. The scope of that contract was to provide 9/12/01 l:\Position Papers\Clark\5902 Agreement. wpd Page 1 of 3 ....... t\~ \. ')B11~ I11I rJ.:t'. ,.::[ iLHII' ~ . 'Y rt2r/~~..l J.;:{~ J-.I _I- ~~ ~l-- ':3;; t:E. 2l: ~;..) I-l: -1..7> .'\ >- t-. _'" ti:~ ~~~~~ ~;f~. ~~~,....~ t. .... /.r........... ..~.................... t- .Y Y ~,v,... I- V )"".... I-fI ~ [,I'fLE ".. . . (..........,.........!"'.', / ..... ,-" >.. '<".>.,/~ ~ . .x X .Cl; \ ...~" t- r" ~ ~ r- -- \i :>..:' ) i-t- Y ( \.............. /)'''' r .A '- f- @ ,,'--..... \. . -. , , l ", J:~ )'-. , SHAPE/./.." )< INDUSTRIES 0'". , \.-.., 20t>-250-G04 "", // dl , - ,~~I / / ......... ~: ~ ir#i' ",,:,,;~\\ \ J, ~ :" /----" ,/>r~--:.J __ I I L-II -f "T J:nvnl' ~ !.~'~ ~ \ ('-' f' ',. '.. ~ ~,"...,t . ~,&,. ~~ .1.J/1 ./~{:-~ '-- I j) ,...,.r::l.;c. _ ~ 11'110' ; , /~................._~......._..........., --....... - II ~"j 0 0 0 \-- "HO.MEOM(NER'5' ~ / / (................ '.f ~ : ~ I .~ ~IILl.W ~~~:~~~~:~: /''/ ../~~o'/ . . .1,/.'.'.':..,.......// ~ 1-1 t ; I ~I T--"7\........--=-! / / '"Pi -}~..4: I I \. ~ . J.- I I \ u..J.:............ { ,/ ',,/ I;;:~~~S . ... \ -J. . 1 \, , / ~ ~25O-Ol11 u..).,j ~ ICf \/......> ...... /, if ".V\ """"l 1'1 .................. ....:,,0' / . .........." I ~ m if I _...... ......... ..... ......................"';',0" ~ . .. ....,... J ...l1Sl::lBD "1-- ~ ... " . 1 ...~. ~~ ______CIl____ _______11 --------~-~.---- J ,/ TUNN.~L,.} . . '.. :2~~~' r"ALiGNM'ENT .':;:T~TI:N _ !.) l // \...J 2l2-4~ -..:-... --' ....or.... '. ~' ..' i/" , -,," ~ . \ , , \ .... ------CIl------------ - ~--,' ~ .) \ \ ......... .:~::........................ .../. '..'.~ _ ...,,', -y J~.,,- \if r i ,y' I _.....- -, ~~.~ ~"''''''''''''' . ~ I- -, .~~ ~.::;;.":.~.... WALT lMS/lf SCHOO ~ 1-: \. .\./ ~ NEIGHBORHOOD f- ~ : ~ ;(!I PANe ~ f- . DAVIOON FIVE 'STAR ! j~~~'Elt~~~<~wi .~ ) :: ~ ~ ,.~~ ~.... ~ ^'- '--l . t: \'.6'~6< ~ n...., / /1lT1 \-) ~ , J ........ ...... .... j .. I ~ I 1 .. "' :.& ....... ............ ................ ==- ..-- ..--, ~ I- .. :=j ~ .. :=: ~~ o pi C ~ -- ...... -. /" ,} ....:JI '*.~~. ...... {)AVIOON FIvE sf"AR r,., . . 210-550-41~.......-...., S. ~~ i, /~(Y~,(:-:~, ....\(~n /i9~~,~ ~ ...t$) ... E.8.II.U.D. 2Ot>-250417 : ~ ~ .1 .::) :) 8 :: o I 1000 I ) JV I FEET ~ g 8 ... ~ on ... Central Contra Costa Sanitary District ~~ Attachment DOUGHERTY VALLEY TUNNEL AND TRUNK SEWER ALIGNMENT A Page 3 of 3 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 6, 2001 No.: 3. a. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FOR THE EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. 7979 FROM SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA, JOB NO. 5137, PARCEL 1 SAN RAMON AREA, AND AUTHORIZING STAFF TO RECORD THE EASEMENT ACCEPTANCE Submitted By: R. Dragon Construction Inspector/Designer REVIEWED AND RECDMMENDED FDR BOARD QTI~ ~.g-:' J. Mi~t:i'" cVsw'",," Initiating Dept./Div. : Engineering/Environmental Services ISSUE: Board approval is required to accept public sewer improvements and offers of dedication, and to record easement acceptances. RECOMMENDATION: Accept work and offer of dedication, approve the resolution accepting an offer of dedication at no cost to the District, and authorize recording. FINANCIAL IMPACTS: None. AL TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The Board of Directors routinely accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement (as shown on attachment 1) that is required for a recent public sewer extension at Crest Bridge in Gale Ranch, San Ramon (Dougherty Valley, Phase 1) . The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer improvements and an offer of dedication from Shapell Industries of Northern California, Job No. 5137, Parcel 1, San Ramon area at no cost to the District. Authorize recording of the easement acceptance. 8/30/01 U:\PPR\RESOLMM\RESOL5137.wPD Page 1 of 2 ~UJJ c: ~ 0 300 600 ~ \ I '" ...., FEET ..c " ::; LEGEND: ~ ~ g: (::B::'ctd:'clX!:t:ft EASEMENT AREA , ..c " ~ SUB BOUNDARY Q. " E u g. ~ Central Contra Costa 52 Sanitary District co o (3 o N <> 'if 6 '" o o c G> :r: m S 16 . ~ SITE ~ ., LOCATION <; BOLLINGER CANYON RD SUB rB254 ACCEPTANCE OF EASEMENT DEDICATION SUBDIVISION 7979 - GALE RANCH JOB 5137 Attachment 1 Page 2 of 2 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 6, 2001 No.: 3.b. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FOR THE EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. 7980 FROM SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA, JOB NO. 5139, PARCEL 2, SAN RAMON AREA, AND AUTHORIZING STAFF TO RECORD THE EASEMENT ACCEPTANCE. Submitted By: R. Dragon Construction Inspector/Designer REVIEWED AND RECDMM~:FOR BOARD ~~~ ~ J. M;y,moto-MiII, C_ Sw,",o, Initiating Dept./Div. : Engineering/Environmental Services ISSUE: Board approval is required to accept public sewer improvements and offe s of dedication and record easements. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication for an easement at no cost to the District, and authorize recording of the easement acceptance FINANCIAL IMPACTS: None. AL TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The Board of Directors routinely accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement (as shown on Attachment 1) that is required for recent public sewer extension in Sorrelwood Drive, Fairway Bridge, Gale Ranch, San Ramon (Dougherty Valley, Phase 1). The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer improvements and an offer of dedication from Shapell Industries of Northern California, Job No. 5139, Parcel 2, San Ramon area, at no cost to the District. Authorize recording of the easement acceptance. 8/30101 U:\PPR\RESOLMM\RESOL5139.wPD Page 1 of 2 I" N.T.S. BOLLINGER CANYON RD co '" "C a co 0"> ..... I .0 ~ .-- "0 > e "- "- o I .0 " en -;;; "- o E U "- en ~ Central Contra Costa Sanitary District ~ LEGEND: ACCEPTANCE OF EASEMENT DEDICATION SUBDIVISION 7980 - GALE RANCH JOB 5139 0"> o .;0 o o o N b ~ 6 '" l:4~lyo Ro ~..et o o c Q ::J: m ~ ~ . ~ SITE ~ '1" LOCATION q. MAP ~ N , 300 600 , FEET EASEMENT AREA SUB BOUNDARY Attachment 1 PAGE 2 of 2 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 6, 2001 No.: 3.c. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FOR THE EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. MS71-89 FROM GLASGOW CIRCLE DEVELOPERS L.P., JOB NO. 5245, PARCEL 1, DANVILLE AREA, AND AUTHORIZING STAFF TO RECORD THE EASEMENT ACCEPT ANCE Submitted By: R. Dragon Construction Inspector/Designer REVIEWED A~D RECDMMENDE;;DR BDARD ~~q;, ~90" J. M;~tO'M;II' C. Sw,"wo Initiating Dept./Div. : Engineering/Environmental Services ~ ISSUE: Board approval is required to accept pubic sewer improvements and offers of dedication, and to record easement acceptances. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication for an easement at no cost to the District, and authorize recording of the easement acceptance. FINANCIAL IMPACTS: None. AL TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The Board of Directors routinely accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement (as shown on attachment 1) that is required for a recent public sewer extension in Campbell Court in Danville. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer improvements and an offer of dedication from Glasgow Circle Developers L.P., Job No. 5245, Parcel 1, Danville area, at no cost to the District. Authorize recording of the easement acceptance. 8/30101 U :\PPR\RESOLMM\RESOL5245. WPD Page 1 of 2 ~lEY RD RO ~-4.f4 ~ N , SYCAM aR'i. VAllEY ~ ~ CALLE ARROYO <= en "0 .,.; "? r::. I E /' "5 > e 0. 0. " I .0 :> ~ 0 g. I E U 0. V> /' "'" ~ N ~ t:l+}::::f::f~:~~ EASEMENT AREA SUB BOUNDARY LEGEND: 200 400 I FEET en o co o ;3 o '" c.:, ~ 6 ..., Central Contra Costa Sanitary District ACCEPTANCE OF EASEMENT DEDICATION MINOR SUBDIVISION 71-89 JOB 5245 , ' , , I / , , , , " 1._ --- Attachment 1 Page 2 of 2 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 6, 2001 No.: 3.d. CONSENT CALENDAR Type of Action: ADOPT APPROPRIATIONS LIMITS Subject: ADOPT A RESOLUTION ESTABLISHING THE 2001-2002 APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION Submitted By: Debbie Ratcliff, Controller Initiating Dept./Div. : Administrative/Finance & Accounting /J/L D. Ratcliff ~~ G. Davis REVIEWED AND RECOMMENDED FOR BOARD ACTION: ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in accordance with Article XIII B of the California Constitution. RECOMMENDATION: Adopt a resolution establishing the Sewer Construction Fund appropriations limit in the amount of $47,637,396 for the 2001-2002 fiscal year, in accordance with Article XIII B of the California Constitution; select the change in the local assessment roll due to local nonresidential construction, for use in computing the appropriations limit. FINANCIAL IMPACTS: None ALTERNATIVES/CONSIDERATIONS: The appropriations limit could be calculated using the California per capita personal income percentage change of 7.82 as opposed to the local assessment roll due to local non-residential construction of 9.2 percent. BACKGROUND: On August 9, 2001, the Board of Directors authorized posting a public notice of availability of documentation in support of the District's appropriations limit. As statutorily required, the public notice was made at least 15 days prior to the September 6, 2001 Board Meeting at which the adoption of the appropriations limit is recommended. The appropriations limit is increased annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the percentage change in the local assessment roll from the preceding year due to local nonresidential construction. The Board must select between the per capita personal income, or the change in the local assessment roll due to local nonresidential construction, by a recorded vote. Last year the Board selected the change in the local assessment roll, which was the larger of the two percentages, for the calculation of the 2000-2001 appropriations limit. This approach allowed for a larger limit on the District's proceeds of taxes. S :\ADMIN\POSP APER\approp.pp. wpd Page 1 of 3 POSITION PAPE,. Board Meeting Date: September 6, 2001 Subject: ADOPT A RESOLUTION ESTABLISHING THE 2001-2002 APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION The County Assessor has determined the nonresidential construction index for 2001-2002 to be 9.2 percent. The California per capita personal income percentage change is 7.82. The change in the local assessment roll of 9.2 percent is being used in the calculation of the 2001-2002 appropriations limit, to allow for a larger limit on the District's proceeds of taxes. The Sewer Construction Fund (Capital Fund) appropriations limit so computed is $47,637,396 for the 2001-2002 fiscal year. The District's proceeds of taxes are budgeted to be $6,848,600 for the 2001-2002 fiscal year. Interest on these tax proceeds are estimated to be $143,000. Therefore, total tax proceeds plus interest is $6,991,600 which is well within the appropriations limit set for the 2001-2002 fiscal year. RECOMMENDED BOARD ACTION: Adopt a resolution establishing the Sewer Construction Fund appropriations limit in the amount of $47,637,396 for the 2001-2002 fiscal year, in accordance with Article XIII B of the California Constitution; select the change in the local assessment roll due to local nonresidential construction, for use in computing the appropriations limit. S :\ADMIN\POSPAPER\approp .pp. wpd Page 2 of 3 RESOLUTION NO. A RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2001-2002 WHEREAS, the Central Contra Costa Sanitary District is required under Article XIII B of the State of California Constitution to establish and adopt an Appropriations Limit for each fiscal year; and WHEREAS, the District has determined the Appropriations Limit of its Sewer Construction Fund (Capital Fund) for fiscal year 2001-2002 to be $47,637,396; and WHEREAS, the selection of the alternative growth factor between the per capita personal income or the change in the local assessment roll due to local nonresidential construction must be made by recorded vote; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Central Contra Costa Sanitary District does hereby adopt the Appropriations Limit for said Fund in the amount of $47,637,396 for the fiscal year ending June 30, 2002, based upon the selection of the change in the local assessment roll due to local nonresidential construction. PASSED AND ADOPTED this 6th day of September 2001, by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors Central Contra Costa Sanitary District COUNTERSIGNED: County of Contra Costa, State of California Secretary of Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Aim District Counsel S :\ADMIN\POSP APER\approp .pp. wpd Page 3 of 3 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 6, 2001 No.: 6.a. ENGINEERING Type of Action: AUTHORIZE CAD Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON ECHO SPRINGS ROAD IN LAFAYETTE FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE ECHO SPRINGS ROAD CAD NO. 2001-2, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF THE CITY OF LAFAYETTE FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD Submitted By: Russell B. Leavitt, Management Analyst Initiating Dept./Div. : Engineering/Environmental Services K. Aim REV;;;:D RECDM[~~OR BOARD?fiic R. Leavitt C. Swanson A. Farrell Kill ISSUE: Owners of properties on Echo Springs Road in Lafayette are interested in connecting their homes to the Central Contra Costa Sanitary District (CCCSD) sewer system and have requested formation of a Contractual Assessment District to finance an extension of the public sewer system. Board approval is required for a Contractual Assessment District (CAD). RECOMMENDATION: Approve initiating the formation of Echo Springs Road CAD No. 2001-2. FINANCIAL IMPACTS: There are minor administrative costs for initiating the formation of a CAD. These costs eventually will be paid by the CAD participants if a CAD is actually formed. If the CAD receives final approval from the Board in the future, the estimated CAD costs are $120,000. Neighborhood representatives have been informed that the District is concurrently processing other CAD requests and the final funding decision is subject to budgetary constraints. ALTERNATIVES/CONSIDERATIONS: Reject or defer initiating formation of the CAD - these actions would halt or delay the CAD proceedings. BACKGROUND: Owners of properties located on Echo Springs Road in Lafayette have contacted District staff to obtain information regarding connecting their homes to CCCSD's public sewer system. Signed forms expressing interest in investigating and forming a CAD are on file from four of the five property owners that could be served by an Echo Springs Road public sewer. The area where the CAD would be .formed is shown on Attachment 1. 8/29/01 U :\PPr\Bertera\EchoSpringsAuthorize CAD. wpd Page 1 of 10 POSITION PAPER Board Meeting Date: September 6, 2001 Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON ECHO SPRINGS ROAD IN LAFAYETTE FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE ECHO SPRINGS ROAD CAD NO. 2001-2, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF THE CITY OF LAFAYETTE FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD The initial steps toward creation of Echo Springs Road CAD No. 2001-2 are for the Board of Directors to adopt a resolution indicating CCCSD's intention to designate an area within which contractual assessments are appropriate; briefly describing the proposed financing for the project; establishing the boundaries of the CAD; setting the time, date, and place for a public hearing at which interested persons may inquire about or object to the proposed program; and directing staff to prepare an Engineer's Report describing the project and financing arrangements. Additional resolutions are required to approve the boundary of the assessment district and to request the consent of the City of Lafayette for CCCSD to conduct proceedings for Echo Springs Road CAD No. 2001-2. The proposed Echo Springs Road CAD No. 2001-2 complies with the revised CAD policy approved at the February 1, 2001 Board of Directors meeting. The CAD formation criteria are listed below. PROPOSED ECHO SPRINGS ROAD CAD FORMATION CRITERION CAD NO. 2001-2 1. A minimum of five properties must 1 . There are five properties that would be directly tributary to the benefit from the proposed CAD proposed CAD facilities. sewer. 2. A minimum of 60 percent of the 2. Eighty percent (four out of five) of properties directly tributary to the the properties are developed with proposed CAD facilities must have existing homes using existing existing homes served by septic septic systems. One property is systems. undeveloped. 3. A Participant Parcel may not have 3. Ot the developed properties, each more than two (2) dwelling to has only one dwelling on it. participate in a CAD. 8/29/01 U :\PPr\Bertera\EchoSpringsAuthorize CAD. wpd Page 2 of 10 POSITION PAPER Board Meeting Date: September 6, 2001 Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON ECHO SPRINGS ROAD IN LAFAYETTE FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE ECHO SPRINGS ROAD CAD NO. 2001-2, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING CONSENT OF THE CITY OF LAFAYETTE FOR CCCSD TO CONDUCT PROCEEDINGS FOR THE CAD Staff has concluded that this project is exempt from CEOA under CEOA Guidelines Section 15061 (b)(3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment." This certainty is based on CCCSD's past experience with numerous sewer construction projects of this nature, the relatively short distance involved, and the impact-limiting nature of CCCSD's construction specifications that would be required of the project. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEOA. RECOMMENDATION: Authorize formation of a CAD consisting of five properties on Echo Springs Road by: 1 . adopting a resolution of intention to create Echo Springs Road Contractual Assessment District No. 2001-2 for the purpose of installing sewer improvements (Exhibit 1); 2. adopting a resolution approving the boundary of the assessment district (Exhibit 2); and 3. adopting a resolution requesting consent from the City of Lafayette for CCCSD to conduct proceedings for Echo Springs Road CAD No. 2001-2 (Exhibit 3). 8/29/01 U :\PPr\Bertera\EchoSpringsAuthorize CAD. wpd Page 3 of 10 ~ ~\ ~ o c z :; z LAFAYETTE c6~\.~ ~D~ LOCATION MAP N.T.S. <b 'b &,<> '$~ Q& ~ N , 0 100 200 [ [ FEET c: '" .., N ? o o N .., e Q. ./ Q. o E ~ ~ o o o ./ '" Q. o E U g. ::: Central Contra Costa Sanitary District LEGEND: I POTENTIAL CAD AREA EXISTING 11I111111I11 SEWER PLANNED * PROPERTIES CAD SEWER SERVABLE BY CAD SEWER I Attachment PROPOSED BOUNDARY ECHO SPRINGS ROAD CAD NO. 2001-02 1 <0 U"l ~ o o N ,:, ;{ cO N Page 4 of 10 EXHIBIT 1 RESOLUTION NO. 2001-_ RESOLUTION OF INTENTION TO CREATE ECHO SPRINGS ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2001-2 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS WHEREAS the public health and the environment will be best protected by the expansion of the public sewer system; WHEREAS the construction and installation of a sanitary sewer pipeline, together with appurtenant work and facilities, in areas not presently connected to the sewer system will facilitate the elimination of potential public health problems due to failing septic systems; and WHEREAS it would be convenient and advantageous to establish a boundary around an area within which CCCSD and property owners may enter into contractual assessments and make arrangements to finance public improvements to parcels which are developed and where the costs and time delays involved in creating an assessment district pursuant to alternative provisions in the law would be prohibitively large relative to the cost of the improvement. THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: 1 . This Board intends to approve the following improvement under the authority of the Municipal Improvement Act of 1911, as amended, to wit: construction and installation of approximately 800 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Echo Springs Road in Lafayette, California. 2. This Board finds that the parcels within the Contractual Assessment District are shown within the boundaries of the map entitled, "Proposed Boundaries of Echo Springs Road Contractual Assessment District No. 2001-2." 3. This Board intends to levy a special assessment upon participating parcels within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. The improvement proposed will not confer any special benefit upon any publicly owned land. Hence, there shall be omitted from special assessment all public streets, alleys, and places and all land belonging to the United States, the State of California, the City of Lafayette, and Central Contra Costa Sanitary District now in use in the performance of a public function. 4. CCCSD intends to provide loan financing for the improvements, subject to the availability of funds and any limitation on the commitment or expenditure of funds for the Contractual Assessment District Program as may be established from time to time by CCCSD's Board of Directors. Loans shall be repaid by Page 5 of 10 ___._._...____.,~,~_"_.,_.____~_.__.._~___,_"_____~__,_,__N__._.______.,___._.~_,_______._e.4._____.__._,._._.______-',._._____.__.____._..___..._.__,_.._.___..__-----~ assessments on the property of participating parcel owners. Assessments shall be paid over a maximum period of ten (10) years with interest at a rate to be fixed by CCCSD. 5. The procedure for the collection of assessments will be the placement of assessments on participating parcel owners' tax bills. The first assessments may be placed on owners' tax bills in fiscal year 2002-2003. 6. This Board appoints Curtis Swanson, Environmental Services Division Manager, as Engineer of Work for this project to prepare the report required by Section 5898.22 of the Streets and Highways Code. 7. A public hearing shall be held on this matter at 2 p.m. on or about Thursday, December 20, 2001 at CCCSD offices, 5019 Imhoff Place, Martinez. This date is tentative and may be modified in the future. 8. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061 (b)(3), since it can be "seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." This certainty is based on CCCSD's past experience with numerous sewer construction projects of this nature, the relatively short distance involved, and CCCSD's impact- limiting construction specifications that would be required of the project. PASSED AND ADOPTED this 6th day of September, 2001, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Secretary, Central Contra Costa Sanitary District County of Contra Costa, State of California LEGAL REVIEW: Kenton L. Aim Counsel, Central Contra Costa Sanitary District Page 6 of 1 0 1- EXHIBIT 2 RESOLUTION NO. 2001- RESOLUTION APPROVING BOUNDARY MAP ECHO SPRINGS ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2001-2 The Board of Directors of the Central Contra Costa Sanitary District (CCCSD) resolves: A map entitled "Proposed Boundaries of Echo Springs Road Contractual Assessment District No. 2001-2" has been filed with the Secretary of the Central Contra Costa Sanitary District. This Board approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed assessment district to be known as Echo Springs Road Contractual Assessment District No. 2001-2, Central Contra Costa Sanitary District, County of Contra Costa, California. This Board intends to levy a contractual assessment upon participating parcels within the described District in accordance with the benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from assessment, all public streets, alleys, and places and all land belonging to the United States, the State of California, the City of Lafayette, and CCCSD because it has been determined that no special benefit will be conferred on any such land within the District. This Board finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. This Board directs the Secretary of CCCSD to certify the adoption of this resolution on the face of the map and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts. Page 7 of 1 0 PASSED AND ADOPTED this 6th day of September, 2001 by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Secretary, Central Contra Costa Sanitary District County of Contra Costa, State of California LEGAL REVIEW: Kenton L. Aim Counsel, Central Contra Costa Sanitary District Page 8 of 1 0 EXHIBIT 3 RESOLUTION NO. 2001-_ RESOLUTION REQUESTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS ECHO SPRINGS ROAD CONTRACTUAL ASSESSMENT DISTRICT NO. 2001-2 The Board of Directors of the Central Contra Costa Sanitary District (CCCSD) resolves: On September 6, 2001, the Board adopted a Resolution of Intention, a copy of which is attached hereto, marked Exhibit 1, and by reference incorporated herein as though fully set forth. All of the property proposed to be assessed lies within the County of Contra Costa. All public streets, alleys, places, and all land belonging to the United States, the State of California, the City of Lafayette, and CCCSD shall be omitted from assessment because it has been determined that no special benefit will be conferred on any such land within the proposed Assessment District. The City of Lafayette will, in the opinion of the Board of Directors of CCCSD, be benefitted by the improvements referred to in the Resolution of Intention, and the purposes sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work. The consent of the City of Lafayette, through its City Council, is hereby requested to the formation of the Assessment District described in said Resolution of Intention, to the improvement described, and to the assumption of jurisdiction by the CCCSD Board of Directors for all purposes in connection with the formation of this Assessment District, Page 9 of 10 the improvements to be made and the assessment of property within the boundaries of the proposed Assessment District. The Secretary of CCCSD is hereby directed to transmit a certified copy of this resolution with the Resolution of Intention attached and a certified copy of the map showing the boundaries of the Assessment District to the City of Lafayette. PASSED AND ADOPTED this 6th day of September, 2001, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Secretary, Central Contra Costa Sanitary District County of Contra Costa, State of California LEGAL REVIEW: Kenton L. Aim Counsel, Central Contra Costa Sanitary District Page 1 0 of 1 0 Proposed CAD Echo Springs Road Lafayette . Meets CAD Formation Criteria 1. Benefits at least 5 properties 2. At least 60% developed properties 3. No more than 2 dwellings / property . 4 participants; 1 likely non-participant . Estimated cost - $ 120,000 . Participant cost - $30,000 Or $3,970 / year .._,.,,____._,__._.,..~~.___,~_.,.._____,_._~_..~__~__._,_.".,.__.__,."_.".._.._.__u.____,...._._.__..,~.__.."___"_~,,___.~_.._._..______.._._ 2001-2002 CAD Status C .A. D. Authorization Entrada Verde CAD 2001-1 $ 231,445 Barbee Lane CAD 98-5 138,310 Authorized to Date $ 369,755 Angelo/EI Sombro CAD 2000-3 210,000 (to be considered 9/20/01) Echo Springs Road CAD 2001-2 120,000 Total $699,755 --~..._._-_.."....._-,---_..-.,.._--~,~ -",-,""->-,,-,,._-,,-"-"--"-'"-"--'._'--'--'-~""------,---,,--_.._--- Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 6, 2001 No.: 6.b. ENGINEERING Type of Action: AUTHORIZE LICENSE AGREEMENT Subject: AUTHORIZE THE EXECUTION OF A 25-YEAR LICENSE AGREEMENT WITH THE EAST BAY REGIONAL PARK DISTRICT FOR CONTINUED OPERATION OF THE LAFA YETTE/ MORAGA TRAIL. Submitted By: Ricardo Hernandez Engineering Assistant REVIEWED AND RECOMMENDED ;:::OARD A6# ~nd" moto-Mm, C. Sw,n,oe Initiating Dept./Div. : Engineering/Environmental Services ~ ISSUE: License agreements with other public agencies that may have a significant i on District operations are submitted to the Board of Directors for authorization. RECOMMENDATION: Authorize execution of a license agreement with the East Bay Regional Park District for the Lafayette/Moraga Trail. FINANCIAL IMPACTS: The proposed license would be granted without fee. Risk management considerations are included in the license. Charging a processing fee to cover costs associated with granting the license could be considered by the Board, but is not recommended by staff. AL TERNATIVES/CONSIDERATIONS: Alternatives include: 1) granting a permanent license, 2) declining to renew the license. BACKGROUND: In 1976 the District granted the East Bay Regional Park District (EBRPD) a no-fee 25-year license to use a portion of District property for the Lafayette/Moraga Trail (map attached). The property was acquired by the District in 1958 after the Sacramento Northern Railway abandoned the right of way. Subsequently, the East Bay Municipal Utility District and Pacific Gas & Electric Company each acquired a portion of the corridor from the District. The EBRPD has requested a 25-year renewal of the license to continue operation of the recreational trail. A renewal clause was included in the 1976 license conditioned upon the mutual consent of both parties. Engineering, Collection System Operations, and Risk Management staff, with the assistance of Legal Counsel, have updated the license to reflect current District risk management needs. The required liability insurance amounts 8/23/01 U :\PPR\SW\PPREBRPD-RH. wpd Page 1 of 3 POSITION PAPER Board Meeting Date: June 21, 2001 Subject: AUTHORIZE THE EXECUTION OF A 25-YEAR LICENSE AGREEMENT WITH THE EAST BAY REGIONAL PARK DISTRICT FOR CONTINUED OPERATION OF THE LAFA YETTE/ MORAGA TRAIL. to be maintained throughout the term of the licence have been increased and are subject to future revisions as determined by the District to adequately protect both parties. The Collection System Operations Department conducts annual walk-through's with representatives of EBRPD and EBMUD to identify potential use conflicts and needed repair work. Overall, the conditions in the original license have been met and staff recommends approval of the requested license renewal. RECOMMENDED BOARD ACTION: Authorize the General Manager and the Secretary of the District to execute a 25-year license with the East Bay Regional Park District for the continued operation of the Lafayette/Moraga Trail. 8/27/01 U :\PPR\SW\PPREBRPD-RH. wpd Page 2 of 3 ,- c: en :3 ~ o E I '0 ;;; '" Q. o E u fir .-' :;, ..'S;::-: , , : ' rt'C\\ \>~~...-, _.b:~"'- '. ~V......... . ..... ....\[.., 'c ; ","" 1400 I FEET ";..I. \ ~"'" \\ \ " .......,.- o I .1400 fiU.X~.:.~:.). FEET LEGEND: ~r.i' -,,:. _ UCENSED AREA MATCH LINE ________-i .....:: - .... EXISTING TRAIL Central Contra Costa Sanitary District Attachment EAST BAY REGIONAL PARK DISTRICT LICENSE AGREEMENT LAFAYETTE - MORAGA TRAIL 1 ;;; i;j, o 5 o N <0 :!i' .... N Page 3 of 3 '" LICENSE b t=~ THIS LICENSE, made and entered into this day of September, 2001, by and between CENTRAL CONTRA COST A SANITARY DISTRICT, a California special district, hereinafter called Licensor, and EAST BAY REGIONAL PARK DISTRICT, a California special district, hereinafter called Licensee. RECIT ALS A. Licensor owns certain real property located in Contra Costa County, California, as shown on the drawing marked Exhibit "A," attached hereto and made a part hereof ("Property"); B. The parties to this License had previously entered into a license, dated March 18, 1976 to March 18, 2001 and extended until October 15, 2001, ("Original License") concerning the Property; C. The Original License allowed Licensee to construct, reconstruct, maintain, remove, and use a trail, with the necessary appurtenances thereto, within the Property for the passage of pedestrians, equestrians, and bicycles only ("Trail"); D. Licensee has constructed the Trail on the Property, since entering into the Original Lease; and E. Licensee indicated it wished to extend the Original License under the extension provision of that Original License, which Licensor has agreed to do under this new License. TERMS AND CONDITIONS THIS LICENSE is granted by Licensor and accepted by Licensee upon the following terms and conditions, and Licensee does hereby covenant with Licensor as follows: 1. Licensee's Use of Property is Subordinate to Licensor's Use. Licensee hereby acknowledges the title of Licensor in and to the Property and agrees never to assail or to resist said title. Said Property accommodates Licensor's underground public sewer mains, which are necessary in the performance of its duties as a sanitary district. Any and all rights granted or implied by this License shall be subordinated to Licensor's use of said Property. 2. Term of License. Unless suspended or partially revoked as hereinafter set forth, this License to construct, operate, and maintain a trail to be used by the general public shall terminate twenty-five (25) years from the date hereof By written mutual consent of the parties hereto, this License may be extended for additional twenty-five (25) year terms. Page 1 of7 Doc #250826 ...________._._,_._"___....__._.."......_.... ._.__~.._.w,.,_,__ """_____._ ----_.______"_____ 3. Primary and Secondary Uses of Property. Licensor and Licensee acknowledge that the primary use of the Property is for the purpose of operating a sanitary sewer system for the transport of sewage and related waste through the means of transmission mains, pipes, and related appurtenances. The use of the Property pursuant to this agreement is secondary and subordinate to said primary use. Licensee shall not, at any time, use or permit the public to use the licensed area in any manner that will materially interfere with or impair said primary use or the operation, maintenance, or repair of the public sewer mains, pipes, and appurtenances. Licensor shall have the right to temporarily suspend or to limit the use of the Property by Licensee and the general public during such periods of time as Licensor determines that such suspension or limitation is necessary in the interest of public safety or for the operation, maintenance, or repair of the public sewer mains, pipes, and appurtenances. Should such suspension or limitation be necessary, Licensor shall provide to Licensee thirty (30) days' prior notice in writing, except in cases of emergency repairs. Upon completion of any work by Licensor within said Property, Licensor shall restore the ground surface to its pre-existing grade, but Licensor shall not be liable for the restoration of any facilities or improvements installed by Licensee, including but not limited to paving, landscaping, bridges, or drainage structures. 4. Secondary Use of Property. The rights herein given are for the use of pedestrians, equestrians, and bicycles, as well as for roller blading and similar non-motorized activities as may be authorized by Licensee. No type of motor driven vehicle shall be permitted on the trail, except those of the Licensee used for maintenance, patrol, or public safety measures. Licensee shall install such barricades as are necessary to discourage unauthorized access to motor driven vehicles and shall post signs at points of entry to the trail that such vehicles are prohibited. Licensee shall provide such patrol service as is necessary to prevent unauthorized use of the trail. Its failure so to do shall be a breach of this License. 5. Grading, Installing Walkway and Irrigation, and Landscaping. Licensee's Secondary Use of Property may include minor grading installation of culverts and/or small bridges where necessary for the crossing of drainage ditches and installation of a paved pathway on the Property. Licensee may provide landscaping for the trail, providing that plant material used shall be limited to the species listed on Exhibit "B" attached hereto and made a part hereof. Additional species or plans for irrigation systems shall require the prior written consent of Licensor's Chief Engineer or his or her Designee. Prior to the commencement of any of the work hereinabove mentioned, Licensee shall present its plans therefor to Licensor for written approval. All grading, construction and landscaping required to make Property suitable for Licensee's Secondary Use shall be the responsibility of Licensee. 6. Maintenance of Property. Licensee shall maintain the surface of Property in condition suitable for its Secondary Use. The Property shall also be kept in a clean and presentable condition, free from waste of any sort and weeds. All maintenance, including waste removal and weed abatement on the Property covered by this License shall be made at the expense of Licensee. If Licensee fails to maintain the Property, Licensor shall provide Licensee with written notification of said violation. If Licensee has not taken positive action to correct such violation within thirty (30) days of said notification, then Licensor may perform, but is under no Page 2 of7 Doc #250826 . ' obligation to do so, the necessary work at the expense of Licensee, which expense Licensee agrees to pay to Licensor upon demand, except in the case of an emergency. In the case of an emergency, Licensor may correct such violation without 3D-days' notice to Licensee. 7. Revocation of License to Portions of Property. In the event Licensor's Primary Use of the Property reasonably requires some permanent use of a segment or segments of the Property that, by the nature thereof, precludes Licensee's use thereof, Licensor may, upon six (6) months' prior notice, revoke this License as to the area reasonably required for such permanent primary use. Should any portion of this License be revoked, Licensor shall supply Licensee with a map or drawing identifying the area(s) subject to the revocation, and Licensor agrees to use its best efforts to aid Licensee in identifying an alternative route for the trail, but Licensor is in no way obligated to provide an alternative route. 8. Indemnification. It is the intent of Licensor and Licensee that Licensee shall hold Licensor harmless from all claims, liabilities, and costs that arise from Licensee's operation and maintenance of the surface of the subject Property for trail purposes. It is the intent of this License that Licensor shall not be subject to or accept any additional potential liability or costs by virtue of permitting Licensee to operate and maintain a trail on the surface of the Property. Further, the intent of the parties that this indemnification clause holds Licensee harmless from claims, liabilities, and costs that arise solely from the operation of Licensor's sewering activities, and do not arise from the Licensee's use of the surface of the Property for trail purposes. Therefore, Licensee shall indemnify, protect, hold harmless, and defend Licensor and its successors, transferees, assigns, officers, directors, employees, and agents, from and against all claims, costs, damages, fines, judgments, penalties, losses, liabilities, or expenses incurred directly or indirectly from or as a consequence of any activities conducted at or on the Property by anyone, pursuant to Licensee's Secondary Use of Property. The foregoing indemnification shall include, without limitation, the following: (a) personal injury claims, (b) payment of liens (including, mechanics' or materialmen's liens), (c) sums paid in settlement of liabilities, (d) attorneys' fees, (e) loss of use or damage to the Property, and (f) damage or injury to animals, natural resources, or property other than the Property. Licensee's aforesaid indemnity and hold harmless agreement shall not be applicable to any liability to the extent caused by the sole negligence or wilful misconduct of Licensor or its successors, transferees, assigns, officers, directors, employees, or agents arising from its Primary Use of Property, or the active negligence or willful misconduct of Licensor arising from any use of the property other than its Primary Use. For purposes of this paragraph, "sole negligence" shall include circumstances where a third party plaintiff is contributorily negligent. Licensor shall indemnify, protect, hold harmless, and defend Licensee and its successors, transferees, assigns, officers, directors, employees, and agents, from and against all claims, costs, damages, fines, judgments, penalties, losses, liabilities, or expenses incurred directly or indirectly solely from any construction, maintenance, or repairs of Licensor's sewer facilities within the Property. The foregoing indemnification shall include, without limitation, the following: (a) personal injury claims, (b) payment of liens (including, mechanics' or Page 3 of7 Doc #250826 materialmen's liens), (c) sums paid in settlement of]iabi]ities, (d) attorneys' fees and (e) damage or injury to animals, natural resources, or property other than the Property. This indemnity does not apply to any claims, costs, damages, fines, judgments, penalties, losses, liabilities, or expenses that Licensee may incur, due in whole or in part to the exercise of any rights provided to Licensee for its Secondary Use of Property. If there is a dispute between the parties as to who shall receive indemnity under this indemnity section, Licensee shall indemnify Licensor, but Licensee shall have the right to seek reimbursement of its indemnity costs, if it is determined by a court, arbitrator, or by mutua] agreement of the parties that indemnity is the sole responsibility of the Licensor. 9. Insurance. While this License is in effect, Licensee shall maintain and furnish evidence of insurance meeting the requirements stated below, in form and amount reasonably satisfactory to Licensor, for each of the following types of insurance: 9.1 Workers' Compensation and Emp]oyer's Liabi]ity Insurance. Workers' Compensation Insurance having limits not less than those required by state statute (and federal statute, if applicable) and covering all persons employed in the conduct of the work to be performed under this License, together with employer's liability insurance coverage in the amount of at least one million dollars ($1,000,000.00), which Licensee may have provided through a self-insured retention; and 9.2 General! Automobi]e Liabi]ity Insurance. Promptly after execution of this License, Licensee at its expense shall take out and maintain during the life of this License, such General! Automobi]e Liability Insurance as shall protect Licensor as an additional insured from claims that may arise in connection with operations under this License by Licensee, allowed by Licensee or employed by Licensee performing operations for it. Said liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and persona] injury and damage to property, resulting from all operations under this License, use of owned or non-owned automobiles, products, and completed operations. Said policy or policies shall cover as primary insurance and shall provide that other insurance maintained by Licensor shall not be called on to contribute to a loss covered by said policy or policies, and that Licensor will be notified at least thirty (30) days prior to any proposed cancellation or change in any of said policies. The amounts of insurance so provided by Licensee shall not be less than the following: Single Limit Coverage applying to Bodily and Personal Injury Liability and Property Damage or a combination ... $10,000,000.00 In order to effect the required coverage, the policy or policies must contain the following additional endorsements: a. Wherever the word "accident" appears in the policy or endorsements it shall be changed to "occurrence"; Page 4 of7 Doc #250826 b. The policy must cover complete contractual liability; exclusions of contractual liability as to bodily injuries, personal injuries and property damage must be eliminated from the basic policy and endorsements; and c. BROAD FORM, either domestic or Lloyd's form, property damage liability must be afforded. Copies of Policies. Certified copies of all general/automobile liability policies shall be furnished to Licensor. Thirty (30) days' notice of any change or cancellation of coverage shall be provided to Licensor. The forms of all such insurance policies and the insurance companies issuing such policies shall be subject to the approval of Licensor and its insurance advisors. Failure of Coverage. Failure, inability or refusal of Licensee to take out and maintain during the entire term of this License any or all of the insurance as aforesaid shall at the option of Licensor constitute an immediate breach of this License. The Licensee has the right and option to self-insure against general/automobile liability claims in lieu of providing the general/automobile liability insurance specified in this paragraph 7 by written notice to Licensor that Licensee assumes the obligation in the place and stead of any insurance carrier, any references to failure of coverage notwithstanding. Revisions. As circumstances change during the life of this License, Licensor may from time to time require and Licensee agrees to provide, revisions in the foregoing insurance requirements sufficient in Licensor's opinion to provide adequate protection for both Licensor and Licensee. 10. Construction, Reconstruction, Repair, or Removal of Trail. Except in case of ordinary maintenance and emergency repairs, Licensee shall give to Licensor at least ten (10) days' notice in writing before entering upon the Property for the purposes of constructing, reconstructing, repairing, or removing the trail or performing any work on or in connection with the trail or the operation thereof, and Licensee agrees to pay to Licensor upon demand the reasonable cost and expense incurred by Licensor in the placement of an inspector on the Property during said construction, reconstruction, repair, or removal or the performance of said work. 11. Notices. Any and all notices or documents to be delivered between the parties shall be deemed delivered: (a) upon hand delivery to the address below; (b) upon being sent and received via certified mail to the address below as evidenced by certified mail receipt; (c) upon being sent via facsimile to the facsimile number below as evidenced by facsimile receipt; or (d) five (5) days after being sent via first class mail. Facsimile transmission shall be promptly followed by first class mail. The addresses and facsimile numbers are as follows: Page 5 of7 Doc #250826 To Central Contra Costa Sanitary District: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553 Telephone: (925) 228-9500 Facsimile: (925) 676-7211 Attention: Ms. Joyce E. Murphy, Secretary of the District To East Bay Regional Park District: East Bay Regional Park District Land Acquisition Department P.O. Box 5381 Oakland, California 94605-0381 Telephone: (510) 544-2603 Facsimile: (510) 569-1417 Attention: Ms. Susan Canale 12. Attorneys' Fees. In the event of any litigation between Licensor and Licensee arising out of or concerning the Property, this License, or the rights and obligations of Licensor and Licensee in connection thereto, the prevailing party in such litigation shall be entitled to its reasonable attorneys' fees. 13. Existing Rights to Property. All rights herein given to Licensee are subject to all existing rights, rights of way, reservations, and easements by whomsoever held in and to the Property. 14. Transfer and Assignment. No rights of Licensee hereunder shall be transferred or assigned unless the written consent of Licensor is first secured, provided that Licensee may assign its rights hereunder to any successor public agency. With that exception, this License and each and all of the covenants herein contained shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. 15. Abandonment. If Licensee shall at any time abandon the trail or any portion thereof, or fail to use the trail for the purposes for which this License is granted, then all rights of Licensee in and to the Property or such portions thereof so abandoned or not so used thereupon shall cease and terminate and license thereto immediately shall revert to and vest in Licensor. Upon any termination of the rights of Licensee hereunder, Licensee shall at Licensee's expense, promptly upon request by Licensor so to do, remove the trail from the Property, except that it is agreed that Licensee may leave any asphaltic paving it has placed upon the Property. 16. Entire Agreement; Modification. It is understood that this document contains the entire agreement between the parties hereto and all prior understandings or agreements, oral or written, of whatsoever nature regarding the License hereby given are superseded by this agreement and Page 6 of7 Doc #250826 are hereby abrogated and nullified. This License may be modified only by a writing signed by both Licensor and Licensee. 17. Rights or Interest in the Property. Licensee agrees that it has not acquired nor will it hereafter acquire any rights or interest in the Property, nor does Licensee have, nor will it obtain, any right or claim to the use of the Property beyond those specifically given in this License. 18. Signage. Licensee shall install signs acknowledging Licensor's cooperation in providing the trail and appropriate information and warning signs. Licensee shall also install appropriate signs designating the permitted trail uses by the general public, listing the applicable regulations governing such uses, and prohibiting the operation of unauthorized motor vehicles. 19. Interp."etation. Both parties have had ample opportunity, with the benefit of counsel, to comment upon the contents of this License. Therefore, the rule that ambiguities in contracts are to be construed against the drafter shall not apply. 20. Section Headings; Recitals. The section headings in this License are only for the purpose of reference and shall in no way define or interpret any provision hereof. Licensor and Licensee acknowledge and agree that the Recitals set forth above are true and correct and are incorporated herein by this reference. 21. Recordation of License. This License shall not be recorded in the Official Records in Office of the County Recorder of the County in which the Property is located. IN WITNESS WHEREOF, the parties hereto have executed this License, In duplicate, the day and year first above writt . '\ By: ~ e '/ ~ Kh{t ~ Kenton L. AIm, Counsel for the District LICENSOR: Approved as to form: By: LICENSEE: :;S~T6:L PARK DISTRICT at O'Bnen, General Manager Doc #250826 Page 7 of7 EXHIBIT A (Lafayette-Moraga Trail drawing.) A EXHIBIT B (List of acceptable plant landscaping material.) B . . EXHIBIT "B" Sophora Japonica Japanese Pagoda Tree May tenus Boaria May tens Tree Malus Floribunda Flowing Crabapple Olea Europaca Oilve Acacia Baileyana Bailey Acacia Albizzia Julibrissin Silk Tree NOTE: Trees shall be planted a minimum distance of 20 feet from the center lines of the aqueducts. TREES Leptospermum Laevigatum Australian Tea Tree Leptospermum Scoparium "Ruby Glow" New Zealand Tea Shrub Nerium Oleander Oleander Pink & White Mixes pyracantha "Rosedale" Firethorn Photinia Serrulata Chinese Photinia, Toyon Acacia Verticillata Shrub Acacia Spiraea Van Houttei Bridal Wreath Escallonia Montevidensis White Escallonia Callistemom Lanceolatus "Red Chico" Red Bottle Brush Tamarisk Tetandra Shrub African Tamarisk Juniperus Hetzil Hertz Juniper Photinia Arbutifolia California T oyon Forsythia Suspensa Golden Bells Shrubs U :\Right-of-Way\Hernandez\ Trees,etc. wpd EXHIBIT "B" (cont.) Pyracantha "Santa Cruz" Firethorn; may be pruned as medium ground cover or allowed to grow as taller shrub, as directed. Juniperus CH, Peitz Plumosa Spreading Pfitzer Juniper Juniperus Chinensis Armstrongii Armstrong Juniper Juniperus Procumbens Japanese Juniper Eriogonum Arborescens Buckwheat, 5' D.C. Plants on stony or well-drained arenas only. Ground Cover U: \Right-of - W ay\Hernandez\ Trees ,ete. wpd Iho.l-2oo111:45 [ i ' , n,; ,,0_ ,",l:> z~~ ;~~ ~-- --<,.;o-'t \ ~~~" ' c "!.' . .' .' ". _'.... ." SO.' LUC1l;;: LV . ?tj~r===_.._..~ -!~~~ ~!~~ .--!~.. .. .'.-. - '.- .~. -. "-I ~.. "-. ~'~~ 8~<.~07;!>"2 . Ef~~,"-,-.-:~::, :::t ,..........-77-...__"._____ <<.... . r.. - .,........ - "-"- ~_.._.- I;:::::=- .' '-...-.. 1 ['~()t- . ~.. .. ~.'" ,.....~---. t:~_ 1--... ,.::-:;':"'..>._._--~ m l> en ~ -4 "T'I lD l>r-l> <-< n I mm::D ~2m men!:) m- I 0 3:l>2 O~~ ::Dm"O l>ml> !:)3:::D l>m" 2 -4-40 ~ en - -4 r- ::D ~ )> Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 6,2001 Type of Action: AUTHORIZE AGREEMENT No.: 6. c. ENGINEERING Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AGREEMENTS WITH CAROLLO ENGINEERS, PSOMASAND DCM/JOYAL ENGINEERING FOR THE DESIGN OF THE SAN RAMON SCHEDULE "C" INTERCEPTOR AND FORCE MAIN, DISTRICT PROJECT 5554 0i2 JJCL W Brennan ~~ Submitted By: Tad Pilecki, Principal Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: ISSUE: Board of Directors' authorization is required for the General Manager to execute professional service agreements for amounts greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute agreements with Carollo Engineers ($520,000) PSOMAS ($60,000), and DCM/Joyal Engineering ($85,000) for the design of the San Ramon Schedule "C" Interceptor and Force Main Project. FINANCIAL IMPACTS: The total cost of the design for the project will be approximately $950,000. The total project cost including construction is $8,450,000. A construction level cost will be developed as part of the project scope by December 2001. AL TERNATIVES/CONSIDERATIONS: An alternative would be to design the project in-house, which would be difficult to accomplish given the current workload in Engineering and the short schedule to meet understandings reached with the City of San Ramon. BACKGROUND: In late 1983, the District undertook planning and engineering studies for a new interceptor to serve the southern portion of the service area. As part of this effort, the District negotiated and purchased easements for the new interceptor within the former Southern Pacific Railroad right-of-way from Contra Costa County. The overall San Ramon Valley Interceptor Project consists of approximately nine miles of large diameter gravity interceptor sewer and 2-1/2 miles of force main, which is being constructed in several schedules. The Schedule "A" project, which stretches six miles from Sycamore Valley Road in Danville north to Rudgear Road in Walnut Creek was completed in 1988. Schedule liB," which covers the 1- 1/2 mile section from Sycamore Valley Road south to Saint James Court in Danville was completed in 1988. The remaining schedule of the interceptor includes 1-1/2 miles of gravity sewer and 2-1/2 miles of force main. This schedule will extend from Saint James Court in Danville south to the San Ramon Pumping Station and will be constructed in two phases (see Attachment 1). 8/30/01 I :\Design\District Projects\5554\PositionPaper. wpd Page 1 of 4 POSITION PAPER Board Meeting Date: September 6, 2001 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AGREEMENTS WITH CAROLLO ENGINEERS, PSOMAS AND DCM/JOY AL ENGINEERING FOR THE DESIGN OF THE SAN RAMON SCHEDULE "C" INTERCEPTOR AND FORCE MAIN, DISTRICT PROJECT 5554 With construction proceeding on the Dougherty Valley Development, flow to the San Ramon Pumping Station is expected to increase significantly requiring installation of a new force main to carry the flow. Understandings reached with the City of San Ramon require that construction of the 2-1/2 miles of force main be completed by December 2002. The 1-1/2 miles of gravity line will be needed in approximately five years. On June 29, 2001, Requests for Proposals (RFP) for the design of the San Ramon Schedule "C" Interceptor and Force Main were sent to five qualified professional engineering firms: Brown and Caldwell, Carollo Engineers, Harris and Associates, HDR Engineering, Inc., and Winzler and Kelly. On July 20,2001, three firms responded to the RFP, and all three firms were invited for interviews: Brown and Caldwell, Carollo Engineers and Winzler and Kelly. Based on these interviews, Carollo Engineers (Carollo) was selected because they presented the best overall team, costs, and technical approach. Winzler and Kelly (WK) also did very well at the interviews, and staff proposes to utilize WK for design services associated with the M4-A Force Main Relocation. The M4-A Force Main connects the Fairview and Maltby pumping stations in Martinez. A position paper for engineering services associated with the M4-A Force Main Project will be presented to the Board at a future meeting. A professional engineering design services agreement with a cost ceiling of $520,000 has been negotiated with Carollo for the design of the project. Carollo will prepare the detailed design packages for both the interceptor and force main, assist District staff in obtaining permits and coordinations with public/regulatory agencies, help formulate/conduct the public outreach program, prepare cost estimates and constructability reviews, and provide bid assistance for the force mains. OCM/Joyal (OCM) was selected to provide geotechnical services for the project. Although DCM/Joyal was originally part of Carollo's project team, staff elected to contract directly with OCM to reduce overall project costs. A professional engineering design services agreement with a cost ceiling of $85,000 has been negotiated with OCM Engineering. PSOMAS, located in Sacramento, was selected to provide aerial mapping services for the project. Quotes were requested from two qualified aerial firms, and PSOMAS' quote best met the project needs and time constraints. A technical consulting services agreement with a lump sum of $60,000 has been negotiated with PSOMAS. The current total project cost for the project is estimated at $8,450,000 with a construction cost of $4,000,000 for the force main and $3,000,000 for the interceptor. The scope of work for Carollo requires a detailed construction level cost estimate by the end of December 2001. These costs will be used in the Board Capital Budget Workshop in January/February to determine the appropriate course of action to fund the construction activities. There are sufficient funds available to proceed with the design of the project 8/30/01 1:\Design\District Projects\5554\PositionPaper.wpd Page 2 of 4 POSITION PAPER Board Meeting Date: September 6, 2001 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AGREEMENTS WITH CAROLLO ENGINEERS, PSOMASAND DCM/JOYAL ENGINEERING FOR THE DESIGN OF THE SAN RAMON SCHEDULE "C" INTERCEPTOR AND FORCE MAIN, DISTRICT PROJECT 5554 On October 28, 1986 the Final Environmental Impact Report (FEIR) for the San Ramon Valley Trunk Sewer Improvement Project was approved by the Board of Directors. Since that time, the project area has experienced some changes that may affect the project's environmental impacts. As project specifics are determined, the Board will be asked to consider additional CEQA documentation to identify relevant changes and address any additional impacts.. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute agreements with Carollo Engineers in the amount of $520,000, PSOMAS in the amount of $60,000 and DCM/Joyal Engineering in the amount of $85,000 for the design of the San Ramon Schedule "C" Interceptor and Force Main, District Project No. 5554. 8/30/01 I :\Design\Dislrict Projects\5S54\PosilionPaper. wpd Page 3 of 4 ) l'v / "0 cO o E D l: D "' /' "' 0- D E U "' ~ Central Contra Costa :r; Sanitary District .;; Cl 5 Cl N g -< o ,.., N.T.S. "',0 "'~ ~ ! ...~, o 'A'<N". "'FOSTOIiIA ' CROW n ~ Z o ~c, RD t ;~. c.ow Canyon ',SAN RAMOI'r Norris Canyon " VALLEY Bollinger Canyon r~/T_"- SAN RAMON .s't!~gg[ I COMMUNITY ~~ ':'.(~ ; it iiJ " NORfuS c,wOi{ lD v.; tj <<Umcum:PARKwAY I ~ ~ i i-< 2 z CANYON LAKES GOLF COURSE RAM 0 N SAN RAMON SCHEDULE C INTERCEPTOR AND FORCE MAIN Attachment A Page 4 of 4 BOARD REPORT SAN RAMON SCHEDULE "C" INTERCEPTOR AND FORCE MAIN DP 5554 SEPTEMBER 6, 2001 0\\ I ~ · PUBLIC ~ ELEMENTARY SCHOOL :c o ~ ~ ; DAN ILLE FOSTORIA RO - CANYON "- ~', o~ ~ ;, .......- CROW n J> s: Z o ~ C/j ~ nt NORRIS CANYON Crow Canyon Norris Canyon Bollinger Canyon Traffic Impacts SAN RAMOI'r VALLEY REG/ON7L aI MEDICAL < CENTER c SAN RAMON -S't!~gb1 / COMMUNITY ~ CENTER -, Z CENTRAl ,PARK \\1> OJ Vi J: o "1J <IllEXEClITlVE PARKWAY ""l ~ C':l t":l ~ m m ~ -< ~ 2: (') J: :II J> s: o 2 CANYON SAN CANYON LAKES GOLF COURSE A M 0 N R ron orse Recreational Trail Community Impacts MONTEVIDEO SCHOOL & PARK . FOX80RO CIR- 1: ~ ~ " .--FALLEN r lEAF ClR ~EO 1>\\ ~~ MO~ ~ ~~ -<1Il o "II ~RAC'tU2 % " ~ San Ramon . ~ I Creek Crossings ~ Agency Coordination OR co '" ." .: o E o c: o '" / '" 0.. o E U 0.. '" / :;, ) <V- I lD :II o J> C s: o i _ CALIFORNIA HIGH SCHOOL. j ,I EL SUYO", oR , . "-VALLEJO ~ , ~ DR C) ~~ o tJ> c ~ o Z J> RllfTE~ W"'y RD ESTERO DR N.T.S. ~ Central Contra Costa Sanitary District Attachment ..... '" ~ ;; o '" d. w '" J, o SAN RAMON SCHEDULE C INTERCEPTOR AND FORCE MAIN A . e! 1Il~" ".. flo. :." ~B ; IUI. rJ ,.. !"~ [8 '.:...... . --.....\..\ \ - . ' ~~ : ,) '~. f ' :>. .....,--: t:- ::P 0.... U~ Oc.. .....- ",-, 0< U_ e ..... t: o U < I (J) ~O ~ \j ta \r; -< Q .. u e Q ~ ~ z 1:1: .- 1_;-- '.I roiil .:,~ . e on - .... en eO> .2 :Qc.. u..O ~IO! w 0> Z c: Q) 03 u. Q) :5 ctl.5 0:;, E Q) ctlCl. (1)CI)a:: w ~ (!:) c.. g>Cl ~ ._ CI) ..- ]iU~ x U ~ WUC'\! ..- SAN RAMON SCHEDULE "C" INTERCEPTOR AND FORCE MAIN, DP 5554 COST SUMMARY DESIGN CAROLLO ENGINEERS DCM/JOYAL PSOMAS CORROSION CONSULTANT CEQA TECHNICAL SERVICES DISTRICT STAFF RIW ISSUES MISCELLANEOUS SUBTOTAL $520,000 85,000 60,000 35,000 35,000 40,000 125,000 20,000 30,000 $950,000 CONSTRUCTION FORCE MAIN INTERCEPTOR CONSTRUCTION MANAGEMENT /INSPECTION/CONSUL T ANTS SUBTOTAL TOTAL PROJECT COST $4,000,000 3,000,000 500,000 $7,500,000 $8,450,000 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 6, 2001 No.: 9.a. BUDGET AND FINANCE Type of Action: APPROVE INVESTMENT POLICY Subject: REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY Submitted By: Debbie Ratcliff, Controller Initiating Dept./Div. : Administrative/Finance & Accounting G. Davis REVIEWED AND RECOMMENDED FOR BOARD ACTION: ./Y/L D. Ratcliff ~.~ ISSUE: The District's investment policy must be reviewed and approved annually by the Board of Directors in accordance with District Investment Policy and California Government Code Section 53646. RECOMMENDATION: Review, suggest any changes if appropriate, and approve the District's investment policy. FINAL IMPACTS: None AL TERNATIVES/CONSIDERATIONS: Additional investment options could be added which fall within the permissible investments prescribed by the Government Code of the State of California, although this is not recommended. BACKGROUND: In 1984, the California legislature amended Government Code Section 53646 to require that the treasurer or chief fiscal officer annually render to the legislative body of the local agency a statement of investment policy, and render a monthly report to the chief executive officer and legislative body of the local agency showing the type of investment, institution, date of maturity, amount of deposit, current market value for all securities with a maturity of more than 12 months, rate of interest, and such data as may be required by the local agency. Section 53646 remained in effect only until January 1, 1991, and as of that date was repealed. The California Legislature added a new Government Code Section 53646 via Senate Bill 564 as of January 1, 1996. The annual rendering of a statement of investment policy to the governing Board for review and approval as well as a monthly investment report has been continued since that time. These provisions were incorporated into our investment policy. 8/22/01 S :\ADMIN\POS P APER\lNVESTMENT .POL. wpd Page 1 of 5 POSITION PAPER Board Meeting Date: September 6, 2001 Subject: REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY District Counsel and staff reviewed the 2000 legislative amendments, and found that none required a change to the District's Investment Policy. Therefore, there are no recommended changes to the investment policy this year. RECOMMENDED BOARD ACTION: Review, suggest any changes if appropriate, and approve the District's investment policy. S:IAOMINIPOSPAPERIINVESTMENT .POL.wpd Page 2 of 5 POSITION PAPER Board Meeting Date: September 6, 2001 Subject: REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY The investment policy of the Central Contra Costa Sanitary District is embodied in the following eleven sections: I. Statement of Objectives The temporary investment portfolio of the District will be managed to ensure that normal cash needs, as well as scheduled extraordinary cash needs can be met. Therefore, adequate liquidity will be the first priority. Second priority will be the safety of the portfolio ensuring that the investments could be readily converted to cash if needed without causing a material change in the value of the portfolio. Lastly, the portfolio will be invested to attain a market average rate of return, after meeting the first two previously stated objectives. II. Permissible Investments Within the constraints prescribed by the Government Code of the State of California for permissible investments, the District's investment portfolio will only be invested in the following instruments: . United States Treasury Bills and Notes, and obligations of government agencies for which the full faith and credit of the United States are pledged. . Bankers Acceptances, drawn on and accepted by a commercial bank, which are eligible for purchase by the Federal Reserve System. . Collateralized Certificates of Deposit issued by a Federal or State chartered bank or a Federal or State chartered savings and loan association. . Commercial Paper of prime quality limited to corporations with assets over $500,000,000. . Local Agency Investment Fund of the State of California. S:\ADM INIPOSP APERII NVESTM ENT .POL. wpd Page 3 of 5 POSITION PAPER Board Meeting Date: September 6, 2001 Subject: REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY III. Banks and Dealers The District will use the services of the Treasurer's Office of the County of Contra Costa which will transact the District's investment decisions in compliance with the requirements described in this investment policy. The County Treasurer's Office will execute the District's investments through such brokers, dealers and financial institutions as are approved by the County Treasurer, and through the State Treasurer's Office for investment in the Local Agency Investment Fund. IV. Maturities The maximum maturity for investments of the District is one year. Prior approval of the Board of Directors must be obtained to acquire investments with maturities beyond one year. However, investments in Treasury Notes and the Local Agency Investment Fund would not be subject to the one year maximum maturity. V. Diversification To minimize the risk of loss through default, the total amount invested in a single issuer will not be greater than 15 percent of the District's investment portfolio value, except that the 15 percent limitation will not apply to United States Treasury Bills and Notes and investment in the Local Agency Investment Fund. VI. Risk Credit and market risks will be minimized through adherence to the list of permissible investments, a limit on maximum maturities, and the limitation on the total investment in a single issuer. VII. Delegation and Authority The District Controller will be responsible for investment transactions which should be made in accordance with this investment policy and within the internal controls described in Section IX. S:IADMINIPOSPAPERIINVESTMENT .POL.wpd Page 4 of 5 POSITION PAPER Board Meeting Date: September 6, 2001 Subject: REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY VIII. Prudence Prudent judgement must be exercised by the District Controller responsible for investment transactions undertaken in accordance with this investment policy. IX. Controls The District Controller will establish subsidiary accounting records of each investment which will enable the determination of income earned monthly and through maturity, and the balancing of the principal amounts to a control account in the general ledger. Internal control procedures will require the countersignature of the Director of Administration for all transactions which are initiated by the Controller. The dollar limit of the Director of Administration will be $5 million. Investment transactions which exceed $5 million will require the additional approval of the General Manager. Such internal controls are to be reviewed by the District's independent auditors annually. X. Reporting The District Controller will annually render a statement of investment policy to the Board of Directors. The Controller will submit a monthly report to the District's General Manager, Board of Directors and internal auditor showing the type of investment, issuer, date of maturity, par (or face), dollar amount invested, current market value of all securities, and the source of this same valuation, and a statement of compliance of the portfolio with the investment policy. XI. Performance Evaluation A performance evaluation will be completed by the District's independent auditors every four years, commencing with the 1984-1985 fiscal year, to determine whether the investment objective of achieving a market-average rate of return is being realized. In determining the market-average rate of return, the average return of three month U.S. Treasury Bills will be used. S:IADMINIPOSPAPERIINVESTM ENT .POL.wpd Page 5 of 5