HomeMy WebLinkAbout11-01-01 AGENDA BACKUP
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 1, 2001
No.:
4.a. CONSENT CALENDAR
Type of Action: ACCEPT CONTRACT WORK
Subject: ACCEPT THE CONTRACT WORK FOR THE LAFAYETTE SEWER
RENOVATIONS PROJECT, PHASE 2, DISTRICT PROJECT NO. X5166B,
IN LAFAYETTE, AND AUTHORIZE THE FlUNG OF THE NOTICE OF
COMPLETION
Submitted By:
Alex Rozul, Associate Engineer
Initiating Dept./Dlv. :
Engineering/Capital Projects
A. Rozul
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W. Brennan
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
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ISSUE: Construction has been completed on the Lafayette Sewer Renovation oject,
Phase 2, District Project (DP) X5166B in Lafayette, and the work is now ready for
acceptance.
RECOMMENDATION: Accept the contract work for the Lafayette Sewer Renovation
Project, Phase 2, District Project X5166B, and authorize the filing of the Notice of
Completion.
FINANCIAL IMPACTS: None related to this action.
AL TERNATIVES/CONSIDERATIONS: Not applicable. Filing the Notice of Completion is
advisable under the California Civil Code, Section 3093.
BACKGROUND: In Fall, 2000, the City of Lafayette (City) informed the District its plans
to re-pave/re-construct in calendar year 2001 several roads (North Thompson, Glen,
Orchard, and Oak Hill Roads) in which existed sewer lines with critical deficiencies. Once
re-paved, the City has a five-year moratorium on trenching. The District's Phase 2 project
re-constructed the sewers in these areas ahead of the City's project. In addition, other
deficient line segments within the vicinity were added to the Phase 2 project bringing the
total footage of sewer to be replaced/rehabilitated to approximately 7,000 LF (see
Attachment 1 for map). Staff negotiated a cost-sharing agreement for pavement
restoration with the City in the amount of $90,000. A similar cost-sharing agreement for
$10,000 was negotiated with the Soares Lane Homeowners.
On April 19, 2001, the Board of Directors (Board) authorized the award of a contract for
the construction of the project to Wayne G. Schlosser Construction, Incorporated, of
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POSITION PAPER
Board Meeting Date: November 1, 2001
Subject:
ACCEPT THE CONTRACT WORK FOR THE LAFAYETTE SEWER
RENOVATION PROJECT, PHASE 2, DISTRICT PROJECT NO. X5166B, IN
LAFAYETTE, AND AUTHORIZE THE FlUNG OF THE NOTICE OF
COMPLETION
Danville. The Notice to Proceed was issued on May 9. 2001. The work was substantially
completed on October 19, 2001. The remaining items of work consist of minor punchlist
items, which do not affect the project acceptance.
The total authorized budget for the project is $1,638,000. The budget includes the cost
of engineering design, District forces, testing services, geotechnical services, contractor
services, etc. An accounting of the project costs will be provided to the Board at the time
of project close-out. It is appropriate to accept the contract work at this time.
RECOMMENDED BOARD ACTION: Accept the contract work for the Lafayette Sewer
Renovation Project, Phase 2, District Project X5166B, and authorize the filing of the
Notice of Completion.
1 0/22/01
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Sanitary District
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LAFAYETTE SEWER RENOVATION
PHASE 2, X5166B
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Page 3 of 3
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JOINT POWERS AGREEMENT BETWEEN
CITY OF PLEASANT HILL
AND
CENTRAL CONTRA COSTA SANITARY DISTRICT
REGARDING JOINT PAVING PROJECT ON ARDITH DRIVE
This Agreement effective November_, 2001, between the City of Pleasant Hill and Central
Contra Costa Sanitary District regarding a joint paving project as part of Central Contra Costa
Sanitary District's Pleasant Hill Interceptor Project provides as follows:
1. Parties: The City of Pleasant Hill, herein called "City" and the Central Contra Costa
Sanitary District, herein called "District."
2. Purpose and Scope: The City is currently performing a roadway improvement project
entitled "Oak Park Road Improvements Project" ("City Project") The District is currently
completing a sewer improvement project entitled the "Pleasant Hill Relief Interceptor Project,
Phase 4" D.P. 5170 ("District Project"). The District Project requires the District to repave
selected of roadways in the City that exist within the District Project area. The District Project
includes sewer improvement work on all of Ardith Drive. Since the City has determined that
Ardith Drive requires additional improvements, the District and the City seek to enter into a Joint
Powers Agreement pursuant to the provisions of California Government Code ~~6500 et seq. to
complete the additional improvements.
As part of this Joint Powers Agreement, the City will expand its City Project to include
the paving of all of Ardith Drive, which shall be done after the District has completed paving the
trench and pit areas as part of the District Project, and the District shall reimburse the City for the
costs of paving Ardith Drive ("Joint Paving Project") pursuant to the provisions of Section 6.
Details of the Joint Paving Project improvements are delineated in Attachment A.
3. Definitions of Sewer and Roadway
a. In this Agreement, the term "sewer" includes all of the sewer lines, manholes, manhole
covers, lower house lateral sewers, clean-outs, and other appurtenances described in the contract
documents (plans and specifications) prepared for the District Project.
b. In this Agreement, the term "roadway" includes all of the roadways, storm drains,
sidewalks, landscaping, and other road appurtenances described in the contract documents (plans
and specifications) prepared for the City Project.
Page 1 of5
Doc #256277v.2
4. Division of Responsibility for Bidding and Construction
a. The City shall perform the tasks related to the Joint Paving Project work. The work shall
include public notification, permit acquisition, compliance with the California Environmental
Quality Act ("CEQA") and other laws related to the contract award, advertisement of bids, and
award of contract for the Joint Paving Project pursuant to applicable law, including all contract
and administration.
b. The contract documents for the Joint Paving Project shall include provisions requiring the
City's contractor on the project to (1) name the District, its directors, officers and employees as
additional insured on any required general liability and automobile insurance policies, and (2)
defend, indemnify, and hold harmless the District, its directors, officers and employees from
liabilities in the same manner as for the City.
c. The paving work to be performed under this Joint Paving Project shall be completed in
accordance with the City's specifications. District shall have no responsibility for the design or
engineering underlying the City's design specifications for paving.
5. Indemnity.
a. In the event of any claim against the District or City arising from this Agreement or the
work under the Joint Paving Project, it is the intent of the Parties that the insurance coverage
provided for the District and City through the Joint Paving Project contractor shall be applied
until exhaustion to address liability and costs from such a claim. Further, the parties agree that
the following indemnity provisions shall apply only in the event that no coverage exists for the
claim under the Joint Paving Project contractor's insurance or the policy limits have been
exhausted and the Joint Paving Project contractor has no legal responsibility for the claim or fails
to fully indemnify the Parties.
b. The City shall defend, indemnify, save and hold harmless the District, its board members,
officers, agents, and employees from any and all claims, demands, suits, costs, liability and
expenses, including reasonable attorneys fees, for any damages, injury, sickness or death
(collectively "liability") to the extent arising out of the City's activities undertaken under Section
E _ "Pavement Overlay - City Responsibilities" of Attachment A of this Agreement, including
but not limited to inverse condemnation, nuisance, or trespass, except for liability arising through
active negligence or willful misconduct of the District, its board members, officers, employees,
contractors or agents.
c. The District shall defend, indemnify, save and hold harmless the City, its board members,
officers, agents, and employees from any and all claims, demands, suits, costs, liability, and
expenses, including reasonable attorneys fees, for any damages, injury, sickness, or death
(collectively "liability") to the extent arising out of the District's activities undertaken under
Section C _ "Pavement Restoration - District Responsibilities" of Attachment A of this
Agreement, including but not limited to inverse condemnation, nuisance, or trespass, except for
Page 2 of 5
Doc #256277v.2
o'
liability arising through active negligence or willful misconduct of the City, its council members,
officers, employees, contractors, or agents.
d. Nothing in this Agreement is intended to affect the legal liability of either party by
imposing any standard of care different from the standard of care imposed by law.
6. Costs. The District shall pay the City an amount not to exceed $75,000 for the paving
that is the subject of this Joint Paving Project. This payment shall be computed as follows: the
District shall pay fifty percent (50%) of the costs for Mobilization, Traffic Control, 2.5" AC
Grind, 2" AC Overlay, 3" AC Patch Pave, and tree trimming, which is estimated to be $69,190
[50% of $138,380], and one hundred percent (100%) of the costs for manhole adjustments,
which is estimated to be $4,800. The District shall not pay for the costs associated with
adjustment of the water covers.
The City shall reimburse the District for the pavement restoration work already
performed by the District on Boyd Road. The value of the pavement restoration work on Boyd
Road is estimated to be approximately $30,000. Once this estimate is finalized and approved by
the City, the amount shall serve as an offset against the total amount due from the District
hereunder.
7. Payment. Upon completion of the Joint Paving Project and receipt of invoice, the
District shall pay the amount determined in Section 6. The District shall make its payment to the
City within thirty (30) days of receipt of the invoice.
8. Extra Work. The District shall not be responsible for the costs associated with extra
work on the City Project, unless written authorization is provided by District for sharing costs of
any such extra work.
9. Cooperation. The City and District agree to work cooperatively toward the successful
completion of the Joint Paving Project.
10. Modification of Agreement. This Agreement shall be subject to modification only by a
subsequent written agreement executed by both of the parties.
11. Agreement Expiration. Except for the provisions of Section 5, which provisions shall
survive the expiration of this Agreement, this Agreement shall expire upon the payment of the
amount detennined in Section 6 above.
12. Entire Agreement. This Agreement contains the entire understanding of the parties
concerning its subject matter. Any representation or promise of the parties relating to the subject
Page 3 of5
Doc #256277v.2
matter shall not be enforceable unless it is contained in this Agreement or in a subsequent written
agreement executed by the parties.
13. Successors. This Agreement shall inure to the benefit of and be binding upon the
successors and assigns of both parties.
14. Notices. Any and all notices or documents to be delivered between the parties shall
be deemed delivered: (1) upon hand delivery to the address below; (2) upon being sent and
received via certified mail to the address below as evidenced by certified mail receipt; (3) upon
begin sent via facsimile to the telephone number below as evidenced by facsimile receipt; or (4)
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:
TO THE CITY:
Leary Wong
Director of Public Works
100 Gregory Lane
Pleasant Hill, California 94523
Tel. No. (925) 671-5264
Fax No. (925) 676-1125
With a copy to:
Debra S. Margolis, Esq.
City Attorney
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, California 94523
Tel. No. (925) 671-5239
Fax No. (925) 671-5238
TO THE DISTRICT:
Alex Rozul
Associate Engineer
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, California 94553
Tel. No. (925) 228-9500
Fax No. (925) 228-4624
With a copy to:
Kenton L. AIm, Esq.
District Counsel
1111 Civic Drive, Suite 300
Walnut Creek, CA 94596
Tel. No. (925) 938-1430
Fax No. (925) 256-7508
15. Interpretation. Both parties have had ample opportunity, with the benefit of counsel, to
comment upon the contents of this Agreement; therefore the rule that ambiguities in contracts are
to be construed against the drafter, and any related rules, shall not apply.
16. Termination. Should either party substantially breach this Agreement, the other party
may terminate this Agreement by providing the breaching party with at least fifteen (15) days'
advance written notice of termination and of the claimed substantial breach. This Agreement
shall then terminate according to such notice unless the breaching party cures such claimed
substantial breach within the period indicated in the notice, which as stated above shall be at
least fifteen (15) days.
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Doc #256277v.2
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17. Attorneys' Fees. In the event either party to this Agreement brings an action to enforce
or interpret this Agreement, the prevailing party in such action shall be entitled to attorneys' and
witnesses' fees, as well as other costs.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in duplicate by officials which the respective parties covenant have full authority to
execute this Agreement. The effective date of this Agreement is when the last party signs the
document; the effective date should be added to the space so indicated on the first page of this
Agreement, once that date is determined.
CENTRAL CONTRA COSTA
SANITARY DISTRICT 4
By: 4zu~).
Barbara D. Hockett
President, Board ot Directors
By:
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ATTEST:
Joye
Sec
'chard J. Ricc'
Acting City Mager
Date: ~ 5/01
ATTEST:~ u<)~z-
Doris P. Nilsen
City Clerk
Date: II-/J -DJ
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Date:
II---IS- -0/
Date:
11/3/0 I
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Date: I l- \ 5 - 0 ~
APPROVED AS TO FORM:
~~ 7vlrtAf'~~
Debra S. Margolis . G
City Attorney
Date: ~\ () \
Ken on . AIm
Counsel for the District
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Doc #256277v.2
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ATTACHMENT A
A. Existing Pavement Condition:
The streets in the Joint Paving Project area have variable pavement conditions ranging from a
pavement condition index ("PCI") of 73 (good) to 53 (poor).
B. Location of Joint Paving Project
The Joint Paving Project shall include all of Ardith Drive.
C. Pavement Restoration - District Responsibilities:
The District shall restore all pavement removed and/or damaged by the District's contractor
during the construction of the District's Project. Pavement replacement shall be in accordance
with the District's Project plans and specifications and the City's Standard Plans and
Specifications.
D. Pavement Restoration - Services Not to be Performed By District:
The District shall not provide the slurry seal on Ardith Drive as originally was required by the
District's Project plans and specifications.
E. Pavement Overlay - City Responsibilities:
1. The City shall expand its Oak Park Road Improvements Project to include the
following pavement overlay activities:
a. Provide the necessary additional design, construction, and construction
administration/management services m connection with the roadway
improvements for Ardith Drive.
b. Construct the pavement overlay on Ardith Drive after the District has completed
paving the trench and pit areas excavated as part of the Pleasant Hill Relief
Interceptor Project.
c. Perform all inspections it may require in order to accept the final paving work.
2. Reimburse the District for additional paving and road restoration completed on Boyd
Road by the District's contractor at the direction of the City.
Page A
Doc #256277v.2
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 1, 2001
No.:
l.a. ENGINEERING
Type of Action: AUTHORIZE AGREEMENT
Subject: AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE
SECRETARY OF THE DISTRICT TO EXECUTE AN AGREEMENT WITH
THE CITY OF PLEASANT HILL FOR PAVING
Submitted By:
Alex Rozul, Associate Engineer
Initiating Dept./Div. :
Engineering/Capital Projects
A. Rozul
~ki
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W. Brennan
fkr-
A. Farrell
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
~
ISSUE: Board of Directors' authorization is required for Agreements with other public
agencies.
RECOMMENDATION: Authorize Board President and the Secretary of the District to
execute an agreement with the City of Pleasant Hill for paving.
FINANCIAL IMPACTS: The District will reimburse the City of Pleasant Hill an amount
not to exceed $75,000 (the net costs to the District for complete street restoration).
AL TERNA TIVES/CONSIDERA TIONS: Reject the Agreement and pave the street to
preconstruction conditions. This would increase construction impacts on the residents
as future pavement restoration is planned by the City.
BACKGROUND: Prior to starting construction on the Pleasant Hill Relief Interceptor
Project (DP 5170), Ardith Drive and Boyd Road had several pavement areas in poor
condition and needing repair. With extensive paving work included in the project for both
streets, the City Staff requested that, at the City's expense, the District's pavement
restoration be expanded to include repairing those areas that were in poor condition prior
to construction. Due to time constraints related to the opening of the Sequoia Middle
School, the District directed Mountain Cascade to complete the additional paving
restoration on Boyd Road with the understanding that the City would pay the additional
paving costs. District Staff also requested a cost estimate from Mountain Cascade for the
paving restoration of Ardith Drive. After reviewing the paving estimate with the City of
Pleasant Hill staff, District and City staff agreed that it would be more cost effective to
have the City's contractor complete the final paving and street restoration on Ardith Drive.
Under this agreement, the City will reimburse the District for the additional paving on Boyd
Road and the District will contribute funds to the City for the City's paving contractor to
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Page 1 of 2
POSITION PAPER
Board Meeting Date: November 1, 2001
Subject:
AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE
SECRETARY OF THE DISTRICT TO EXECUTE AN AGREEMENT WITH
THE CITY OF PLEASANT HILL FOR PAVING
overlay and complete street restoration on Ardith Drive. Staff is currently negotiating
with the City a cost sharing agreement for pavement restoration in an amount not to
exceed $75,000 (the $75,000 represents the net costs for pavement restoration the
District would have expended on both streets).
RECOMMENDED BOARD ACTION: Authorize Board President and the Secretary of the
District to execute an agreement with the City of Pleasant Hill for paving.
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 1, 2001
No.: 7. b. ENGINEERING
Type of Action: AUTHORIZE PERMIT
Subject: AUTHORIZE STAFF TO ISSUE A SPECIAL DISCHARGE PERMIT TO EXCEL LINEN
SUPPLY, OR TAKE SUCH OTHER ACTION CONCERNING FEES AS THE BOARD DEEMS
APPROPRIA TE
Submitted By:
Jarred Miyamoto-Mills
Principal Engineer
Initiating Dept./Div. :
Engineering/Environmental Services
K. Aim
REV~VO RECOMM%':f;OR BOARD ACTION,
J. M;y,moto-M;ll' C. Sw,"," ~
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ISSUE: The Board of Directors' authorization is requested for staff to issue a Special
Discharge Permit to Excel Linen Supply of Concord (Excel) to resolve a dispute regarding
payment of Capacity Fees.
RECOMMENDATION: Authorize staff to issue a Special Discharge Permit to Excel for its
new facility at 2424 Bates Avenue, Concord, or take such other action as the Board
deems appropriate to resolve a dispute regarding payment of Capacity Fees.
FINANCIAL IMPACTS: Under the proposed Special Discharge Permit, Excel will pay the
Capacity Use Charge for Special Discharge Permittees specified in Section 6.12.050 of
the District Code which will be approximately $10,500 per year for five years. These
payments will be in lieu of 1) paying current Capacity Fees of approximately $148,000
when the new facility opens, or 2) participating in the currently available Capacity Use
Charge Program which would require an initial payment of approximately $ 71,000 when
the new facility opens and annual payments of approximately $8,000 for fifteen years.
At the end of the five year term of the Special Discharge Permit, Excel will either relocate
outside of the District or pay then-applicable Capacity Fees to continue discharge into the
District's facilities.
ALTERNATIVES/CONSIDERATIONS: As an alternative to authorizing the Special Discharge
Permit, the Board could require Excel to: 1) pay the current Capacity Fee amount, or 2)
participate in the Capacity Use Charge Program. Excel claims that either of these
alternatives will result in bankruptcy and closure of the business.
BACKGROUND: Excel opened at its present location (125 Mason Circle, Concord) in
1995. At that time, very little information regarding Excel's wastewater flow and strength
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Page 1 of 2
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POSITION PAPER
Board Meeting Date: November 1, 2001
Subject: AUTHORIZE STAFF TO ISSUE A SPECIAL DISCHARGE PERMIT TO EXCEL LINEN
SUPPLY, OR TAKE SUCH OTHER ACTION CONCERNING FEES AS THE BOARD DEEMS
APPROPRIA TE
was available and Excel's volume of business was substantially less than its current
volume. For these reasons, Capacity Fees for the present location were determined under
the Special Study provisions of the District Code. These provisions call for reevaluation
of Capacity Fees after one to five years of observation. Excel's wastewater flow is now
nearly 28 times what was estimated in 1995. The increased laundry volume that has
resulted in Excel's increase in flow has caused the business to outgrow its present
location.
Excel's owners signed a five-year lease for a larger facility at 2424 Bates Avenue,
Concord, on August 31,2001. The company's owners claim that they believed the new
location to be in the City of Concord's sewer service area when they signed the lease. The
new location is, in fact, in the area of North Concord that is served by the District. The
sewer service agency for the new location is important to Excel since Capacity Fees for
high flow customers, such as commercial laundries, are significantly lower in the City than
in the District. Excel's owners claim that a District employee provided erroneous
information to them regarding the sewer service agency serving the new facility just prior
to their signing the five-year lease.
Mr. David Seiler, one of Excel's owners, appeared at the October 18, 2001 Board Meeting
and presented a letter stating his position regarding the dispute. The Board directed staff
to meet with Excel's owners to explore possible means for resolution of the dispute. Staff
met with Mr. Seiler, reviewed Excel's new lease and financial position, and has developed
a recommended resolution. The recommendation is to issue a Special Discharge Permit
to Excel for its new location. The Special Discharge Permit will consider Excel's discharge
to be temporary (five years, the duration of Excel's lease) and will require payment of the
annual Capacity Use Charge for Special Discharge Permittees specified in Section
6.12.050 of the District Code which will be approximately $10,500 per year for five
years. At the end of the five year period, when their lease expires, Excel will either
relocate outside of the District, or pay then-applicable Capacity Fees to continue discharge
to the District's facilities.
Discussions with Excel's owners regarding staff's recommendation are continuing. We
anticipate concluding these discussions' prior to the November 1 st Board meeting.
RECOMMENDED BOARD ACTION: Authorize staff to issue a Special Discharge Permit to
Excel Linen Supply for its new facility at 2424 Bates Avenue, Concord, or take such other
action as the Board deems appropriate to resolve the dispute regarding payment of
Capacity Fees.
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