HomeMy WebLinkAboutAGENDA BACKUP 01-08-98
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
1::'111111.1:1:::11.11111'111:1:1 BOAROMErn~~~uary 8,1998
Page 1 of 2
NO.
4.
CONSENT CALENDAR c.
DATE
TYPE OF ACTION
December 19, 1997
APPROVE QUITCLAIM OF SEWER EASEMENTS
SUBJECT
QUITCLAIM SEWER EASEMENTS lOCATED WITHIN SUBDIVISION 6547 TO THE PRESENT PROPERTY
OWNERS, JOB 5211, PARCELS 3 AND 4, SAN RAMON AREA
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPTIDIV
Engineering Department/Infrastructure Division
JSSUf: Shapelllndustries of Northern California, developers of Gale Ranch, have requested that the District
Quitclaim the subject easements.
BACKGROUND: The subject easements were dedicated at no cost to this District in 1985 with the filing of
Subdivision 6547. The easements were created for the future "off-site" sewer to serve the Gale Ranch area
located to the north of Subdivision 6547. During construction of this "0ft-site" sewer, it was noted that the
location of the existing sewer stub-out in Alcosta Boulevard was not in alignment with the existing sewer
easement. Two new easements have been granted (at no cost to the District) to encompass this portion
of the "0ft-site" sewer. Therefore, the subject two easements are no longer needed and may now be
Quitclaimed. Quitclaiming these easements was part of the results of the negotiation between the District,
California Kosaido (dba Canyon lakes Country Club), and Shapelllndustries of Northern California.
Staff has concluded that this project (the proposed Quitclaim) is exempt from the California Environmental
Quality Act (CECA) under District CECA Guidelines Section 18.6 since it involves a minor alteration in land-
use limitations. Board of Directors' approval of this Quitclaim will constitute an independent finding that this
project is exempt from CECA.
RECOMMENDATION: Approve Quitclaim Deedsto California Kosaido, Inc., a California Corporation, dba
Canyon Lakes Country Club, and Canyon Green Homeowners Association, Job 5211, Parcels 3 and 4;
authorize the President of the District Board of Directors and the Secretary of the District to execute said
Quitclaim Deeds; and authorize the Quitclaim Deeds to be recorded.
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INITIATING DEPARTMENTIDIVISlON
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QUITCLAIM SEWER EASEMENTS
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
.............................................................................................
:!!:!!!III.lli!i"!:lgilillllilililili BOARD MEETI~~uary 8, 1998
Page 1 of 2
NO.
4.
CONSENT CALENDAR d.
DATE
TYPE OF ACTION
December 19, 1997
ACCEPT CONTRACT/AUTHORIZE NOTICE OF
COMPLETION
SUBJECT
ACCEPT CONTRACT WORK FOR THE HEADWORKS FACILITIES ENHANCEMENTS PROJECT, DISTRICT
PROJECT 7177, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION
SUBMITTED BY
Ron Klimczak, Senior Engineer
INITIATlNG DEPTIDIV
Engineering Department/Plant Engineering Division
ISSUE: Construction has been completed on the Headworks Facilities Enhancements Project, District Project
7177, and the work is now ready for acceptance.
BACKGROUND: Following completion of the Headworks Facilities Improvements Project in December 1994,
District staff identified several enhancements that were needed to improve overall system reliability or promote
worker safety. The scope of the work completed under the Headworks Facilities Enhancements Project
included installation of cover plates over the openings provided for future bar screens, drains on compressors
located near the odor control scrubbers, a cover with perimeter handrail for the bypass structure, lifting
mechanisms for the manual bar screens, acoustical panels to reduce noise levels in the influent pump room,
a backup air compressor for the influent bubbler system, and pressure/vacuum relief at overflow structure D
(see Attachment 1 for project location). Additional information can be found in the 1997-98 Capital
Improvement Budget (CIB) on pages TP-1 0 through TP-12.
The Board of Directors authorized award of a construction contract in the amount of $163,700 to Kaweah
Construction Co. of Fresno, California, on June 5, 1997. The contractor was issued a Notice to Proceed,
effective July 21,1997, with an original contract completion date of November 18,1997. The completion
date was subsequently extended to December 11, 1997 to provide time for the contractor to complete
additional contract work. All work was completed prior to the required contract completion date with the
remaining work consisting of punch list items, which do not affect project acceptance.
It is appropriate to accept the contract work at this time. The total authorized budget for this project is
$280,000. An accounting of the project costs will be provided to the Board at the time of project close out.
RECOMMENDATION: Accept the contract work for the construction of the Headworks Facilities Enhancements
Project, District Project 7177, and authorize the filing of the Notice of Completion.
RAB
REVIEWED AND RECOMMENDED FOR BOARD ACT10N
INITIA TlNG DEPARTMENTIDIVISION
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Central Contra Costa
Sanitary District
HEADWORKS FACILITIES
ENHANCEMENTS PROJECT
DISTRICT PROJECT 7177
PROJECT LOCATION
ATTACHMENT
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9/16/96
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Central Contra Costa Sanital) District
BOARD OF DIRECTORS
:1,1,1111111:11'1'1111111111,,1,1'111: BOARD MEETI]~~Fuary 8, 1998
Page 1 of 2
NO.
8.
ADMINISTRATIVE a.
DATE
TYPE OF ACTION
December 29, 1997
APPROVE CONTRACT
SUBJ EeT
CONSIDER APPROVAL OF CONTRACT FOR LABOR AND EMPLOYMENT-RELATED LEGAL SERVICES WITH
W. DANIEL CUNTON AND HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP FOR THE PERIOD OF
JANUARY 1, 1998 THROUGH DECEMBER 31, 2000, AND AUTHORIZE THE BOARD PRESIDENT TO
EXECUTE THE CONTRACT
SUBMITTED BY
Bonnie Allen, Risk Manager
INITIATING DEPT/DIV
Administrative/Risk Management
ISSUE: The Board of Directors directed staff to negotiate a three-year contract for labor and employment-
related legal services for the District with W. Daniel Clinton and Hanson, Bridgett, Marcus, Vlahos & Rudy,
LLP (Firm). A copy of the proposed contract was provided for review by the Board of Directors.
BACKGROUND: The District obtained labor and employment-related legal services from the law firm Corbett
& Kane for approximately 16 years. The District's previous labor attorneys, employed by Corbett & Kane,
retired or left that firm, which occasioned the District to review labor attorney candidates for the District's
labor-related activities. In a competitive process, the Board selected the firm of Hanson, Bridgett, Marcus,
Vlahos & Rudy, LLP and W. Daniel Clinton pending staff negotiating an acceptable contract with them,
which has been done. The proposed contract with W. Daniel Clinton and Hanson, Bridgett, Marcus, Vlahos
& Rudy, LLP has a term from January 1, 1998 through December 31, 2000. Mr. Clinton and the Firm will
serve as Labor Counsel for the District providing advice on labor relations and employment issues and will
represent the District in matters of litigation, arbitrations, and in negotiations.
Staff has negotiated with Mr. Clinton and the Firm a fee arrangement to help control District legal costs.
District billing rates represent a 10% to 14% reduction from the Firm's normal hourly rates. The negotiated
rates are set forth in Appendix A of the contract. Billing rates for Mr. Clinton and all members of the Firm
providing services to the District will remain at the negotiated rate for the first year of the contract in spite
of a scheduled rate increase. Also, the District's billing rate for legal services will never exceed the
negotiated rate for Mr. Clinton regardless of the normal hourly rate of the attorney providing legal services
to the District. District billing rates will be increased by ten dollars per hour in the second year of the
contract for all attorneys, five dollars in the third year of the contract for senior attorneys and ten dollars for
junior attorneys. Mr. Clinton has agreed to be readily available to the District and has agreed that, whenever
possible, he will endeavor to meet with District officials at the beginning or end of the business day, and
thus, eliminate any billings to the District for travel time, as set forth in Article II, Section 3. The non-
financial terms of the contract will remain the same throughout the contract period.
The proposed contract is for a term of three years; however, it may be terminated by the District or the Firm
at will during the term upon reasonable notice. The proposed contract also includes the provision that in
the event that W. Daniel Clinton leaves the Firm, at the District's sole discretion, the District has the right
to continue with the Firm choosing a replacement Labor Counsel, continue with the Firm for specific
REVIEWED AND RECOIllWENDED FOR BOARD ACTION
~
INITIATING DEPARTMEN1/D1V1S10N
BA
S :\ADMIN\POSP APER\A TTORNEY .PP
i:_:I:I_-:ljl--II'-:j-IIII.'III:-!-:lill.I'1-i:1:i:::1:1::I!I!il DATE December 29, 1997 I
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Page 2 of 2
SUBJ EeT
CONSIDER APPROVAL OF CONTRACT FOR LABOR AND EMPLOYMENT-RELATED LEGAL SERVICES
WITH W. DANIEL CUNTON AND HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP FOR THE PERIOD
OF JANUARY 1, 1998 THROUGH DECEMBER 31, 2000, AND AUTHORIZE THE BOARD PRESIDENT TO
EXECUTE THE CONTRACT
labor and employment-related legal services and obtain other services from other firm(s), or terminate the
contract.
RECOMMENDATION: Approve the contract for District labor and employment-related legal services by W.
Daniel Clinton and Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP for the period from January 1, 1998
through December 31, 2000, and authorize the Board President to execute the contract.
CONTRACT FOR LEGAL SERVICES
BETWEEN
CENTRAL CONTRA COSTA SANITARY DISTRICT
AND
HANSON. BRIDGETT. MARCUS. VLAHOS & RUDY. LLP
BY THIS AGREEMENT, made and entered into this first day of January, 1998, by and
between the CENTRAL CONTRA COSTA SANITARY DISTRICT, a political subdivision
of the State of California, hereinafter referred to as the JlDistrict" and W. Daniel
Clinton, together with the Law Firm of HANSON, BRIDGETT, MARCUS, VLAHOS &
RUDY, LLP, hereinafter collectively referred to as JlLabor Counsel for the District" or
JlFirm", the parties mutually agree as follows:
SCOPE OF SERVICES
ARTICLE I:
1. Labor Counsel for the District, comprised of W. Daniel Clinton and such
members of the Firm of HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP, as
are deemed appropriate by the District and the Firm, shall perform labor and
employment related services and legal representation on behalf of the District as
directed by the Board of the District. Labor Counsel for the District shall work in a
cooperative role with the District's management team through the General Manager-
Chief Engineer.
2. It is anticipated that Labor Counsel for the District will provide legal services
as required by law and as directed by the District, and will attend meetings of the
Board of Directors and other District meetings as requested by the District
management or the Board of Directors. Labor Counsel will provide the Board and its
management team with legal advice and representation on labor and employment
related matters.
3. The District may in its discretion refer litigation matters and/or special
projects to Labor Counsel for the District on a case-by-case basis, which matters will
be handled pursuant to the compensation schedule and other terms herein, unless
otherwise agreed by the parties; however, there is no requirement that the District
refer such matters to Labor Counsel for the District.
COMPENSATION
ARTICLE II:
1. labor Counsel for the District will provide legal services from January 1,
1998, through December 31, 2000 at the hourly rates set forth on Appendix A
attached.
1
2. labor Counsel for the District will provide on a monthly basis documentation
of actual hours worked by each member of the Firm, together with a designation of the
case name and number, the subject matter discussed, and the District staff member
requesting the legal services. labor Counsel for the District shall also make available
to the District for audit all of such records so maintained.
3. The Firm's billing rates incorporate normal and routine administrative
charges reflecting the costs of mailings, telephone, accounting, and use of other Firm
clerical and administrative services. Other discreet, non-routine costs incurred by the
Firm on behalf of the District, shall be separately invoiced by the Firm and reimbursed
by the District. Such reimbursable costs shall include costs such as, for example,
expert witness fees, court filing fees, deposition costs, out-of-county travel costs,
messenger services, overnight mailings, facsimiles, duplicating, and computer research
charges.
TERM OF THE AGREEMENT
ARTICLE III:
The term of this Agreement shall be from January 1, 1998, through December 31,
2000 or unless terminated sooner. It is anticipated that this Contract may be extended
with the mutual consent of each party thereafter.
CONFIDENTIAL RELATIONSHIP
ARTICLE IV:
All dealings of the parties under this Agreement shall be confidential and no report,
data, information, or communication developed, prepared, or assembled by labor
Counsel for the District under this Agreement shall be revealed, disseminated, or made
available by labor Counsel for the District to any person or organization other than the
District without the prior knowledge and concurrence of the District.
ASSIGNMENT AND LAWS
ARTICLE V:
labor Counsel for the District shall not subcontract any of the work or assign any of
its rights or obligations without the prior written consent of the District. This
Agreement shall be governed by the laws of the State of California.
NOTICES
ARTICLE VI:
All notices or other official correspondence relating to contractual matters between the
parties hereto shall be made by depositing same in first-class, postage-paid mail
addressed
as follows:
To labor Counsel for the District:
W. DANIEL CLINTON, ESQ.
HANSON, BRIDGETT, MARCUS,
VLAHOS & RUDY, llP
333 Market Street, Suite 2300
San Francisco, CA 94105-2173
2
To District:
BOARD OF DIRECTORS
C/O ROGER DOLAN
General Manager-Chief Engineer
CENTRAL CONTRA COSTA SANITARY DISTRICT
5019 Imhoff Place
Martinez, CA 94553
or to such other address as either party may designate hereinafter in writing
delivered to the other party.
CONFLICT OF INTEREST
ARTICLE VII:
labor Counsel for the District promises and agrees that labor Counsel for the
District and members of his staff shall avoid any actual or potential conflicts of
interest. labor Counsel for the District agrees to immediately notify the Board of
Directors and the General Manager-Chief Engineer of any cases which may involve
an actual or potential conflict of interest.
INDEMNIFICA TION
ARTICLE VIII:
Neither the District nor labor Counsel for the District shall be required to indemnify
the
other party to this Agreement except as specifically set forth herein. Nothing in
this Agreement, with the exception of the specific terms of this paragraph, is
intended to limit or alter the rights of each party against the other party as such
rights may exist under the laws of the State of California.
When, and only when, the District requests labor Counsel for the District to retain
the services of a consultant on behalf of the District, then the District agrees to
indemnify and hold harmless the labor Counsel for the District, it agents and
employees, for any expense, loss, or damage, including attorneys' fees, to which
the labor Counsel for the District may be subjected arising from any suit or claim,
which suit or claim arises out of the District labor Counsel engaging said
consultant's services on behalf of the District.
INSURANCE
ARTICLE IX:
During the entire term of this Agreement and any extension or modification thereof,
labor Counsel for the District shall keep in effect insurance policies providing
coverage for general public liability, including lawyers' professional liability, and
workers' compensation exposure at limits deemed acceptable by the District. labor
Counsel for the District shall provide Certificates of Insurance and other evidence of
insurance, including copies of the policies as may be requested by the District to
demonstrate that the above required insurance coverages are in effect. Automobile
insurance coverage will be provided by the Firm through its general liability
coverage or by the individual members of the law Firm pursuant to their personal
3
automobile policies, and such coverage shall be at levels acceptable to the District.
TERMINATION
ARTICLE X:
This Agreement may be terminated by either party, at its sole discretion, upon
ninety (90) calendar days prior written notice.
In the event that W. Daniel Clinton were to leave the Firm of HANSON, BRIDGETT,
MARCUS, VLAHOS & RUDY, LLP, or be unable or unwilling to continue to serve as
Labor Counsel for the District as a member of said Firm for any reason, the District
shall have the right to continue to direct HANSON, BRIDGETT, MARCUS, VLAHOS
& RUDY, LLP to perform such legal services as the District deems advisable and to
obtain other legal services in whatever manner the District deems advisable, or to
immediately terminate the Agreement in the District's sole discretion.
TERMS
ARTICLE XI:
No alteration or variation of the terms of this Agreement shall be valid unless made
in writing and signed by the parties hereto. No oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
ARTICLE HEADINGS
ARTICLE XII:
Article headings in this Agreement are for convenience only and are not intended to
be used in interpreting or construing the terms, covenants, and conditions of this
Agreement.
PARTIAL INVALIDITY
ARTICLE XIII:
If any term, covenant, conditions, or provision of this Agreement is found by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder
of the provisions hereof shall remain in full force and effect, and shall in no way be
affected, impaired, or invalidated thereby.
SURVIVAL
ARTICLE XIV:
Notwithstanding the District's acceptance of the services or termination thereof and
payment therefor, Labor Counsel for the District shall remain obligated under all
clauses of this Agreement which expressly or by their nature extend beyond and
survive such acceptance, termination and payment.
Notwithstanding the acceptance of the services of Labor Counsel for the District or
termination thereof and payment therefor, the District shall remain obligated under
all clauses of this Agreement which expressly or by their nature extend beyond and
survive such acceptance, termination and payment.
4
CENTRAL CONTRA COSTA
SANITARY DISTRICT
By:
JAMES A. NEJEDL Y
President, Board of Directors
Attest: JOYCE MURPHY,
Secretary of the District
By:
W. Daniel Clinton, Esq.
HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP
By:
W. Daniel Clinton, Esq.
HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP
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CONTRACT FOR LEGAL SERVICES
BETWEEN
CENTRAL CONTRA COSTA SANITARY DISTRICT
AND
HANSON. BRIDGETT. MARCUS. VLAHOS & RUDY. LLP
BY THIS AGREEMENT, made and entered into this first day of January, 1998, by and
between the CENTRAL CONTRA COST A SANIT AR Y DISTRICT, a political subdivision of
the State of California, hereinafter referred to as the "District" and W. Daniel Clinton, together
with the Law Firm of HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP,
hereinafter collectively referred to as "Labor Counsel for the District" or "Firm, II the parties
mutually agree as follows:
SCOPE OF SERVICES
ARTICLE I:
1. Labor Counsel for the District, comprised of W. Daniel Clinton and such
members of the Firm of HANSON, BRIDGETI, MARCUS, VLAHOS & RUDY, LLP, as are
deemed appropriate by the District and the Firm, shall perform labor and employment related
services and legal representation on behalf of the District as directed by the Board of the
District. Labor Counsel for the District shall work in a cooperative role with the District's
management team through the General Manger-Chief Engineer.
2. It is anticipated that Labor Counsel for the District will provide legal services as
__tttlit.BI:::I!.S! reflHired by IfYJI and as directed by the Distric~~j-aftd
will. atte8tl ffiOOt:iftgS af the Beaf6 of Dirootors Me ather Distriet ffiOOtiAgS as feqHeste6 by the
Distriet lft8ft&geIRoot aT the Beanl of Dirootors. Labor Counsel will provide the Board and its
management team with legal advice and representation on labor and employment related matters
._i:f,Ia:::I::~BI::~I.I::jlt_:::.l_::~llliRl:~IiIQl.
3. The District may in its discretion refer litigation matters and/or special projects
to Labor Counsel for the District on a case-by-case basis, which matter will be handled pursuant
to the compensation schedule and other terms herein, unless otherwise agreed by the parties;
however, there is no requirement that the District refer such matters to Labor COl:lftsel far the
~~ctN" ~.
I
F:\DMS\~LA.DIR\0173528.01
COMPENSATION
ARTICLE ll:
1. Labor Counsel for the District will provide legal services from January 1, 1998,
through December 31, 2000 at the hourly rates set forth on Appendix A attached.
2. Labor Counsel for the District will provide on a monthly basis documentation of
actual hours worked by each member of the Firm, together with a designation of the case name
and number, the stlbjeet RUl~ter tliseHssed, !:~::BllliIi:RE:::.t:.._II. and the
District staff member requesting the legal services. Labor Counsel for the District shall also
make available to the District for audit all of such records so maintained.
3. The Firm's billing rates incorporate normal and routine administrative charges
reflecting the costs of mailings, telephone, accounting, and use of other Firm clerical and
administrative services. Other discreet, non-routine costs incurred by the Firm on behalf of the
District, shall be separately invoiced by the Firm and reimbursed by the District. Such
reimbursable costs shall include costs such as, for example, expert witness fees, court filing fees,
&:~::g:U~:~~=~g~
TERM OF THE AGREEMENT
ARTICLE ill:
The term of this Agreement shall be from January 1, 1998, through December 31, 2000,~ 6f
unless terminated sooner. It is anticipated that this Contract may be extended with the mutual
consent of each party thereafter.
CONFIDENTIAL RELATIONSHIP
ARTICLE IV:
All dealings of the parties under this Agreement shall be confidential and no report, data,
information, or communication developed, prepared, or assembled by Labor Counsel for the
District under this Agreement shall be revealed, disseminated, or made available by Labor
Counsel for the District to any person or organization other than the District without the prior
knowledge and concurrence of the District.
ASSIGNMENT AND LAWS
ARTICLE V:
Labor Counsel for the District shall not subcontract any of the work or assign any of its rights
or obligations without the prior written consent of the District. This Agreement shall be
governed by the laws of the State of California.
2
F:\DMS\KLA.DIR\0173528.01
NOTICES
ARTICLE VI:
All notices or other official correspondence relating to contractual matters between the parties
hereto shall be made by depositing same in first-class, postage-paid mail addressed as follows:
To Labor Counsel for the District: W. DANIEL CLINTON, ESQ.
HANSON, BRIDGETT, MARCUS,
VLAHOS & RUDY, LLP
333 Market Street, Suite 2300
San Francisco, CA 94105-2173
To District: BOARD OF DIRECTORS
C/O ROGER DOLAN
General Manager-Chief Engineer
CENTRAL CONTRA COSTA SANITARY DISTRICT
5019 Imhoff Place
Martinez, CA 94553
or to such other address as either party may designate hereinafter in writing delivered to the
other party.
CONFLICT OF INTEREST
ARTICLE VII:
Labor Counsel for the District promises and agrees that Labor Counsel for the District and
members of his staff shall avoid any actual or potential conflicts of interest. Labor Counsel for
the District agrees to immediately notify the Board of Directors and the General Manger-Chief
Engineer of any cases which may involve an actual or potential conflict of interest.
.-.
INDEMNIFICATION
ARTICLE VIII:
Neither the District nor Labor Counsel for the District shall be required to indemnify the other
party to this Agreement except as specifically set forth herein_ Nothing in this Agreement, with
the exception of the specific terms of this paragraph, is intended to limit or alter the rights of
each party against the other party as such rights may exist under the laws of State of California.
'1IheR, ftfttl aftly 'J.'heR, the District retIuests Labar CauRscl far the District ta retftiR thc serviees
af a OOftSltlt8:Rt aft BeluHf af the Distriet, then the Distriet agreeste iREteffiftify aBEt RelEt Ra.rmless
thc LaBar CaHftsel fer the District, its ageRts aBEt emplayees, fer RAY eKpeRse, loss, ar Elamage,
iRelUEting att6meys' fees, to whieh the Labor COtlftscl fer tRe Distriet may be soojected arisiftg
{ram any suit aT claim, whieh suit ar elaim arises aut af the District Labor COURse! esgagiRg
saiEt OORsultaRt'S serviees Oft behalf af the Distriet.
3'
F:\DMS\KLA.DIR\0173528.01
INSURANCE
ARTICLE IX:
During the entire term of this Agreement and any extension or modification thereof, Labor
Counsel for the District shall keep in effect insurance policies providing coverage for general
public liability, including lawyers' professional liability, and workers' compensation exposure
at limits deemed acceptable by the District. Labor Counsel for the District shall provide
Certificates of Insurance and other evidence of insurance, including copies of the policies as may
be required by the District to demonstrate that the above required insurance coverages are in
effect. Automobile insurance coverage will be provided by the Firm through its general liability
coverage or by the individual members of the taw Firm pursuant to their personal automobile
policies, and such coverage shall be. at levels acceptable to the District.
TERMINATION
ARTICLE X:
iiiii3
In the event that W. Daniel Clinton were to leave the Firm of HANSON, BRIDGETT,
MARCUS, VLAHOS & RUDY, LLP, or be unwilling to continue to serve as Labor Counsel
for the District as a member of said Firm for any reason, the District shall have the right to
continue to direct HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP to perform
such legal services in whatever manner the District deems advisable, or to immediately terminate
the Agreement in the District's sole discretion.
TERMS
ARTICLE XI:
No alteration or variation of the terms of this Agreement shall be valid unless made in writing
and signed by the parties hereto. No oral understanding or agreement not incorporated herein
shall be binding on any of the parties hereto.
ARTICLE HEADINGS
ARTICLE XII:
Article headings in this Agreement are for convenience only and are not intended to be used in
interpreting or construing the terms, covenants, and conditions of this Agreement.
4
F:\DMS\KLA.DIR\0173528.01
PARTIAL INVALIDITY
ARTICLE XID:
If any term, covenant, condition or provision of this Agreement is found by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect, and shall in.no way be affected, impaired, or invalidated thereby.
SURVIV AL
ARTICLE XIV:
Notwithstanding the District's acceptance of the services or termination thereof and payment
therefor, Labor Counsel for the District shall remain obligated under all clauses of this
Agreement which expressly or by their nature extend beyond and survive such acceptance,
termination and payment.
Notwithstanding the acceptance of the services of Labor Counsel for the District or termination
thereof and payment therefor, the District shall remain obligated under all clauses of this
Agreement which expressly or by their nature extend beyond and survive such acceptance,
termination and payment.
SIGNATURES
ARTICLE XV:
These signatures attest the parties' agreement hereto.
CENTRAL CONTRA COST A
SANITARY DISTRICT
By:
JAMES A. NFJEDLY
President, Board of Directors
Attest: JOYCE MURPHY,
Secretary of the District
By:
5
F:\DMS\KLA.DIR\0173528.01
W. Daniel Clinton, Esq.
HANSON, BRIDGETf, MARCUS, VLAHOS & RUDY, LLP
By:
W. Daniel Clinton, Esq.
HANSON, BRIDGETf, MARCUS, VLAHOS & RUDY, LLP
6
F:\DMS\KlA.DIR\0173528.01
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
ii"i'iii"iiilll:!I~II!ii:i:lllllliiliiiiiii:iiiiii:ii!iiiil
Page 1 of 6
DATE
December 29, 1997
NO.
9.
ENGINEERING a.
TYPE OF ACTION
AUTHORIZE AGREEMENTS
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BROWN
AND CALDWELL, AND AGREEMENT AMENDMENTS WITH MONTGOMERY WATSON, AND TALAVERA
AND RICHARDSON FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE COLLECTION
SYSTEM PLANNING PROGRAM
SUBMITTED BY
Jarred Miyamoto-Mills, Principal Engineer
INITIATING DEPU)IV
Engineering/Planning
ISSUE: Board of Director's authorization is required for execution of professional engineering services
agreements on capital improvement projects when the amount of the agreement exceeds $50,000.
BACKGROUND: The Collection System Planning Program is designed to identify, prioritize, estimate costs,
and establish schedules for capital improvement projects needed in the District's nearly 1,500 miles of
main, trunk and interceptor sewers, pumping stations, and force mains. The focus of the program is to
achieve the overflow reduction and infrastructure management goals of the District's Ten-Year Capital
Improvement Plan by providing required facilities just prior to them being needed. This approach ensures
that the District's limited financial and staff resources are allocated in the most prudent manner.
The replacement value of the District's collection system is more than $1 billion. Over the past ten years,
approximately $120 million has been spent to plan, design and construct collection system upgrades,
replacements, and facilities to serve new customers. The 1997 Capital Improvement Plan forecasts an
investment of over $122 million in collection system facilities during the next ten years. In addition, the
U.S. Environmental Protection Agency is preparing a national Sanitary Sewer Overflow (SSO) policy which
will require a high level of service and provide for regulatory enforcement when overflows occur. A
comprehensive Collection System Planning Program of master planning and facilities planning for each
facilities category (mains, trunks, interceptors, pumping stations, and force mains) has been developed by
staff to provide the basis for this significant investment. Four components of this program are currently
underway. These are: 1) the Collection System Master Plan Update (DP 4983), covering the District's
larger sewers, those 12-inches and greater in diameter, called trunks and interceptors; 2) the Pumping
Station Master Plan Update (DP 5905), covering the District's 18 stations and their forcemains; 3) Sewer
Renovation Strategy Development (DP 5907), covering the need for rehabilitation and replacement of
"main" sewers, those 1 D-inches and less in diameter; and, 4) the Downtown Walnut Creek Facilities Plan
(DP 5908), addressing the near- and long-term renovation and management needs of the collection
system in the busiest area of Walnut Creek.
Staff recommends that professional engineering consultants be engaged to perform some of the work
required to complete these program components. A Request for Proposals was distributed to local
engineering firms specializing in collection system planning on August 15, 1997. Four firms submitted
JMM
DJC
RAS
INITIATING DEPARTMENTIOIVlSION
y
J:;~
~~~.~
DATE
December 29, 1997
Page 2 of 6
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BROWN
AND CALDWELL, AND AGREEMENT AMENDMENTS WITH MONTGOMERY WATSON, AND TALAVERA
AND RICHARDSON FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE COLLECTION
SYSTEM PLANNING PROGRAM
written proposals for all or a portion of the needed work by the September 24, 1997 due date. Proposal
interviews were conducted on October 9, 1997, by a panel of staff members from the Collection System
Operations Department and the Planning and Infrastructure Divisions of the Engineering Department. The
panel ranked the firms based on the qualifications of project team members, their approach to the work,
the firm's related experience and depth, proposed schedule, and cost. Staff negotiated agreements with
the top ranked firm for each element of work. Additional detail for each component of the program,
including the consultants proposed for each element of the work is presented below.
Collection System Master Plan Update
The purpose of this program component is to update the 1986 Wastewater Collection System Master
Plan for the 150 miles of trunk and interceptor sewers. During the eleven years since the master plan
was first completed, many recommended projects have been implemented, flow capacity design criteria
have been refined using new data analysis tools for the estimation of peak wet weather flows, and the
ultimate wastewater utility service needs for development to be served by the District have been clarified.
The impact of these factors on the recommended capital improvement program for the larger sewers will
be addressed in the master plan update.
Staff initiated the master plan update in 1991, and several tasks have been completed. These tasks
included a long-term flow monitoring program to collect data needed to refine and validate design flow
criteria, detailed evaluation of collection system hydraulics near the treatment plant, and analysis of recent
rainfall and sewer flow events.
A team of District staff and engineering consultants are proposed to complete the master plan update.
District staff will update the computerized flow capacity model databases to include system
improvements completed and land use planning changes since 1986, run the computer simulations of the
system for design conditions, and be responsible for project management. The consulting firm
Montgomery Watson of Walnut Creek has been selected for review of the current design flow criteria,
capital improvement program development, detailed route and cost analysis for the highest priority
improvements, and preparing the revised master plan document. In addition, the consultant will review
work products from the tasks assigned to District staff, and participate in meetings with land use
planning staff of our tributary cities and the county. Talavera and Richardson, a consultant specializing
in computer database applications for environmental engineering, will be responsible for managing the
integration of four District databases (Geographical Information System, Sewer Maintenance
Management Information System, Sewer Network Analysis Program, and Sewer Service Charge
database) for land use inventory and flow criteria updating, collection system modeling, and output of
analysis results in tabular and graphical (mapping) formats.
-~~
DATE
December 29, 1997
Page 3 of6
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BROWN
AND CALDWELL, AND AGREEMENT AMENDMENTS WITH MONTGOMERY WATSON, AND TALAVERA
AND RICHARDSON FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE COLLECTION
SYSTEM PLANNING PROGRAM
Staff has negotiated a cost reimbursement agreement amendment with Montgomery Watson with a cost
ceiling of $140,000 for their master planning tasks. A separate agreement amendment for Talavera and
Richardson's tasks, with a cost ceiling of $70,000, has also been negotiated. Montgomery Watson, and
Talavera and Richardson have existing agreements for $10,000 and $17,500, respectively, executed
under staff authority, to assist in the planning and review of District work on the first six master plan
tasks. An estimate of total project cost is included in Attachment 1. The Collection System Master Plan
Update is included in the 1997-98 Capital Improvement Budget (CIB) beginning at page CS-15.
Pumping Station Master Plan Update
The Pumping Station Master Plan Update was first completed in 1989. Since that time, several major
improvements have been implemented at the District's 18 pumping stations. In addition, new technology
has been introduced, draft pumping station guidelines have been published by the Regional Water Quality
Control Board, and, as mentioned above, flow capacity design criteria have been revised. The master
plan update will address the impacts of these factors on the recommended capital improvement program
for the stations.
The master plan update will be completed primarily by in-house staff, with support from Dodson and
Associates, an engineering consultant with expertise in pumping station planning, design and construction.
Dodson and Associates' work IS covered by an existing $15,000 agreement executed under staff
authority. An estimate of total project cost is included in Attachment 1. The Pumping Station Master
Plan Update is included in the 1997-98 CIB beginning at page CS-81.
Sewer Renovation Strategy
The purpose of this program component is to develop a strategy and budget projections for a long-term
program of renovation and improvement for the District's 1,300 miles of "main" sewers. The strategy
will focus primarily on the needs for rehabilitation and replacement, but will be integrated with the
District's collection system operations and maintenance activities. Alternative methods for predicting
renovation needs based on system performance (maintenance requirements, blockages, etc.), and
condition (from review of television inspection records) are being evaluated. The results of this evaluation
will be used to analyze the alternative prediction methods. The selected method will be used to develop
a program for sewer rehabilitation and replacement, which will include annual budget estimates for the
Capital Improvement Plan.
The firm CH2M Hill, an engineering consultant with expertise in sewer renovation planning, will evaluate
the District's archives of past television inspection and maintenance records to assess their usefulness
for calibrating a performance-based predictive model. Staff negotiated a cost reimbursement agreement
with CH2M Hill with a cost ceiling of $20,000 for this work. This agreement was executed under staff
:I:::::::::~BI..pjl.:'.:::::::::I.~~II:I::::::::::::::::::::::::::::::'::::I::::::: DATE
..::::,.:.:l.,lll::::::::::::::::::i.ii~iliii:::::I::~:1:;:.::;.;::,:;;:;:;:::::..:,:::,::11:1::::....:::::11.:;..:;:..:...::::::.:::::.:1.:.::,.:::.1::::,:: December 29, 1997
Page 4 of 6
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BROWN
AND CALDWELL, AND AGREEMENT AMENDMENTS WITH MONTGOMERY WATSON, AND TALAVERA
AND RICHARDSON FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE COLLECTION
SYSTEM PLANNING PROGRAM
authority, since it is for an amount less than $50,000. An estimate of project cost through the
alternative evaluation task is included in Attachment 1. The Sewer Renovation Program is included in the
1997-98 CIB beginning at page CS-57.
Downtown Walnut Creek Facilities Plan
The purpose of this program component is to develop a comprehensive plan for improvement of the
sewer system serving downtown Walnut Creek. The study area is bounded by Newell Avenue, Ygnacio
Valley Road, Interstate 680, and the San Ramon Creek Bypass Channel. There are two sewer systems
in this area: 1) the Lamorinda and San Ramon Valley interceptor system, which consists of three
generations of parallel large diameter sewers; and, 2) the local main and trunk sewers, some of which
pre-date the formation of the District in 1946.
The interceptor system has been studied in considerable detail over the past several years. A project to
optimize dry- and wet-weather flow conveyance in these sewers is currently under design. This project,
known as the Walnut Creek Siphon Improvements (DP 5027), will redirect some flows from the
Lamorinda area into the Newell Avenue and South Broadway siphons and may include lining of siphon
barrels to provide self-scouring velocities. The Downtown Walnut Creek Facilities Plan will include an
overview of these projects and consider their construction impacts when developing staged
implementation recommendations for main and trunk work.
The main and trunk system requires a high level of maintenance in an urbanized setting where traffic
disruption, noise, odor, and construction can have a significant impact on the public. The high
maintenance requirements result from the relatively flat slopes of many area sewers and the high density
of restaurants existing downtown. Since the purpose of the improvements to be identified in the facilities
plan are likely to be maintenance reduction driven, a high level of involvement and coordination with the
Collection System Operations Department will be critical to project success. Also, since there will be high
visibility and public sensitivity to any proposed construction or grease control initiatives proposed in the
facilities plan, input from the City of Walnut Creek will also be important.
Brown and Caldwell of Pleasant Hill, an engineering consultant with expertise in sewer system facilities
planning, will evaluate existing sewer as-built and maintenance data, conduct a targeted field work
program, develop a plan for the ultimate sewer system, define a staged implementation program, work
with staff to address institutional issues, recommend a capital improvement program, and prepare draft
and final facilities plan reports. District staff will provide field surveying and project management.
Staff has negotiated a cost reimbursement agreement with Brown and Caldwell with a cost ceiling of
$171,000 for this work. An additional authorization may be required in the future if more field work is
_B!!!
DATE
December 29, 1997
Page 5 of 6
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BROWN
AND CALDWELL, AND AGREEMENT AMENDMENTS WITH MONTGOMERY WATSON, AND TALAVERA
AND RICHARDSON FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE COLLECTION
SYSTEM PLANNING PROGRAM
warranted. An estimate of total project cost is included in Attachment 1. The Downtown Walnut Creek
Facilities Plan is included in the 1997-98 CIB beginning at page CS-25.
Staff has concluded that these authorizations are exempt from the California Environmental Quality Act
(CECA) under the District CECA Guidelines Section 17.3, since they involve planning studies for possible
future projects which the District has not approved, adopted, or funded. The outcome of the studies will
not bind the District to pursue any particular course of action in the future. Approval of these agreements
will establish the Board of Directors' independent finding that these studies are exempt from CECA. The
District will conduct an environmental review of any project which is proposed as a result of these studies
to determine the appropriate CECA compliance documentation.
RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a professional
engineering services agreement with Brown and Caldwell with a cost ceiling of $171 ,000 for work
related to the Downtown Walnut Creek Facilities Plan (DP 5908), and agreement amendments with
Montgomery Watson with a cost ceiling of $140,000, and with Talavera and Richardson with a cost
ceiling of $70,000 for work related to the Collection System Master Plan Update (DP 4983).
Attachment 1
Page 6 of 6
Collection System Planning Program
. Collection System Master Plan Update (DP 4983)
Cost prior to 11130/97
$ 246,000
50,000
140,000 *
70,000 *
10,000
Cost to Complete: District Forces
Montgomery Watson
Talavera and Richardson
Other Costs
DP 4983 Total:
$ 516,000
. Pumping Station Master Plan (DP 5905)
Cost Prior to 11130/97
$ 41,000
Cost to Complete: District Forces
Dodson and Associates
Other Costs
49,000
15,000
5,000
$ 110,000
DP 5905 Total:
. Sewer Renovation Strategy -Initial Tasks (DP 5907)
Cost to Complete: District Forces
CH2MHiII
Other Costs
$ 25,000
20,000
5,000
$ 50,000
146,000
$ 196,000
Subtotal:
Possible Future Work
DP 5907 Total:
. Downtown Walnut Creek Facilities Plan (DP 5908)
Cost to Complete: District Forces
Brown and Caldwell
Other Costs
Subtotal:
Possible Future Field Work
$ 34,000
171,000 *
5,000
$ 210,000
50,000
$ 260,000
$1,082,000
DP 5908 Total:
COlleCTION SYSTEM PLANNING PROGRAM TOTAL:
* Authorization for these agreements is the subject of this Position Paper.
~
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
. ....... ....... ...... .... ...... ....... ........... ......... ....
'.I::IIII'IIIII'~'..il.lli'i'!"~'ij BOARD MErnj~~uary 8, 1998
Page 1 of 18
N~10. TREATMENT PLANT a.
DATE
TYPE OF ACTION
December 29, 1997
HUMAN RESOURCES
SUBJ ECT
CREATE AND ADD THE POSITION OF ELECTRICIAN (G- 65, $3689-$4471) AND ADOPT THE JOB CLASS
DESCRIPTION, ADOPT REVISED JOB CLASS DESCRIPTIONS FOR THE POSITIONS OF ELECTRICAL
TECHNICIAN (G-69, $4064-$4913) AND ELECTRICAL SHOP SUPERVISOR (S-74, $4597-$5569), AND
ADOPT THE ELECTRICAL SHOP DEMONSTRATION TRAINING ENHANCEMENT PROGRAM
SUBMITTED BY
Charles W. Batts Jr.
INITIATING DEPTIDIV
Plant Operations Department
ISSUE: Board authorization is required to create new positions, adopt class descriptions, and create
advancement procedures, including the proposed Electrical Shop Demonstration Training Enhancement
Program.
BACKGROUND: The Plant Operations Maintenance Division includes both an Electrical Shop and an
Instrument Shop to perform related maintenance activities. The Electrical Technicians are paid at G-65
($3689-$4471), and the Instrument Technicians are paid at G-69 ($4064-$4913), Based on advancements
in technology, the Electrical Technicians' expertise now requires a basic understanding of instrumentation
and controls. The District has identified a need to increase the skills within its Electrical Shop to keep pace
with this changing technology as it applies to new electrical equipment, to allow a single craft to maintain
the District's electrical systems, including the control and telemetry inputs/outputs required by the existing
electrical equipment, and to effectively and efficiently maintain various electrical systems at both the
Treatment Plant and various remote locations. To address this need in the Electrical Shop, District
management proposes a Demonstration Training Enhancement Program that will develop the necessary skills
within the existing staff and compensate them for these additional skills.
The Plant Operations Maintenance Division has been aware of the increasing use of electronics and
programmable logical controllers (PLCs) in the control and switching of the Treatment Plant's electrical
system. The need for such skills has become evident since the installation of the Cogeneration Facility and
the new Standby Power Facility and its operation of the plant's power grid, as well as new equipment
installed during major Pumping Station projects. The wide application of the use of variable frequency drives
(VFDs), solid-state electronics, and computer controls in the electrical field requires expanded skills beyond
those normally associated with the industry-defined electrician classification. While the Plant Operations
Department Electrical Technicians have been willing to attempt to maintain and repair such equipment and
controls, increased training and familiarity with such controls are required to perform such tasks. To this end
INITIATING DEPARTMENTIDI\I1S10N
I
S :\POSPAPR\ 1998-99\ELlNSTR3 .CWB. wpd
DATE
December 29, 1997
Page 2 of 18
SUBJECT
CREATE AND ADD THE POSITION OF ELECTRICIAN (G- 65, $3689-$4471) AND ADOPT THE JOB CLASS
DESCRIPTION; ADOPT REVISED JOB CLASS DESCRIPTIONS FOR THE POSITIONS OF ELECTRICAL
TECHNICIAN (G-69, $4064-$4913) AND ELECTRICAL SHOP SUPERVISOR (S-74, $4597-$5569); AND
ADOPT THE ELECTRICAL SHOP DEMONSTRATION TRAINING ENHANCEMENT PROGRAM
the Plant Maintenance Division has developed the attached training program and listed areas of needed skill
development. The program will:
. Be a demonstration program that will apply only to the Electrical Shop and will not affect other District
employees,
. Be periodically reviewed by management and reported back to the Board of Directors during the current
contract period,
. Apply to all current employees who meet the qualifications and requirements. New employees will
continue to be hired under the job classification, Electrician at the rate of G-65,
. Allow current District Electrical Technicians to receive additional compensation as soon as their training
has been completed and they have been certified for advancement.
The Electrical Shop will still be responsible for the repair and maintenance of the Treatment Plant and
Pumping Stations' electrical power distribution and equipment, with the expanded duties of the maintenance
of electronic control devices and instrument inputs. These skills presently reside in the Plant Maintenance
Division's Instrument Shop, requiring that these two maintenance crafts work in conjunction to solve control
or instrument problems and repairs or calibrations required on the electrical system. This enhanced training
program will significantly reduce the required coordination, save time for both crafts, reduce equipment
downtime, improve response to electrical downtime, improve response to work orders, and provide backup
for certain critical plant instrumentation.
The Electrical Shop Demonstration Training Enhancement Program will require that a District Electrical
Technician complete probation, receive an acceptable performance appraisal, and obtain the approval and
recommendation of his/her supervisor. There will be a series of training requirements that each candidate
must complete before he/she will be considered for advancement to the revised Electrical Technician
classification. These are attached to the Electrical Shop Demonstration Training Enhancement Guidelines.
The training requirements are subject to change or update depending upon the needs of the District and
changing technology. Several of the training requirements will be offered as classes by the District to willing
candidates, as scheduled, at the convenience of the District. Electrical Technicians may also be sent to
outside classes in order to obtain these skills at the discretion of the District. Electrical Technicians may also
be required to take courses on their own time and at their own expense. On-the-job training will be provided
on a case-by-case basis. At the end of the training requirements, the candidate must be able to show
completion by passing a written and practical proficiency test and be approved and recommended for
advancement by his/her supervisor.
The incentive for the candidate to participate will be a salary increase of 10 percent, to the equivalent salary
level of a District Instrument Technician, at the beginning of the pay period following his/her successful
completion of the program. If each Electrical Technician on our current staff of three takes advantage of this
DATE
December 29, 1997
Page 3 of 18
SUBJECT
CREATE AND ADD THE POSITION OF ELECTRICIAN (G- 65, $3689-$4471) AND ADOPT THE JOB CLASS
DESCRIPTION; ADOPT REVISED JOB CLASS DESCRIPTIONS FOR THE POSITIONS OF ELECTRICAL
TECHNICIAN (G-69, $4064-$4913) AND ELECTRICAL SHOP SUPERVISOR (S-74, $4597-$5569); AND
ADOPT THE ELECTRICAL SHOP DEMONSTRATION TRAINING ENHANCEMENT PROGRAM
program, the total annual cost to the District in increased wages would be approximately $16,000. It is
anticipated that all of the current employees in this classification will complete this program on or before the
end of the contract year. District management has met with the representatives of the Central Contra Costa
Sanitary District Employees' Association, Public Employees' Local No. 1 (Local 1) to discuss the proposed
Electrical Shop Demonstration Training Enhancement Program. The bargaining unit has agreed to the
conditions and terms of the attached program. The proposed class descriptions for the Plant Maintenance
Division position of Electrician (Exhibit A) and Electrical Technician (Exhibit B) are attached and reflect the
requirements of the new program. The District Board of Directors has already approved this program as part
of the contract discussions with the Management Support/Confidential Group (MS/CG). This unit has also
reviewed the program and agreed to the training enhancement program and the resulting class description
for Electrical Shop Supervisor (Exhibit C). The Board Personnel Committee has reviewed this program in
concept and has provided guidance into its design. At the November 6, 1997, Board Meeting, the program
was outlined to the entire Board.
RECOMMENDATION: Create the positions of Electrician (G-65, $3,689-$4,471) and Electrical Technician
(G-69, $4,064-$4,913), adopt the Electrical Shop Demonstration Training Enhancement Program, authorize
promotion of program participants, and adopt class descriptions, including the Electrical Shop Supervisor (S-
74, $4,597-$5,569).
Central Contra Costa Sanitary District
5019'lmhoff Place, Martinez, CA 94553-4392 · (510) 228-9500
November 20, 1997
Mr. James E. Calvarese
Business Agent
Public Employees' Union, Local 1
P.O. Box 222
Martinez, CA 94553
Dear Mr. Calvarese:
You will recall that during negotiations we talked about a training enhancement program
that the District would provide to the current Electrical Technicians in order to give them
the requisite knowledge and skills to assume the duties of Maintenance Electrical
Technicians. Following successful completion of this training program and a proficiency
examination, the Electrical Technicians will be eligible for advancement to this new
position and thus achieve a salary equivalent to the higher range of Instrument
Technicians.
We now have this program prepared and I have attached a copy of the program outline
for your information.
I will be contacting you next week to schedule an opportunity to meet and confer about
this issue.
Morsen
Deputy General Manager
PM:dr
cc: C. Batts
J. Pearl
C. Freitas
P. Kelly
bee: R. Dolan
* Recyded raper
MAINTENANCE ELECTRICAL TECHNICIAN
Electrical Shoo Training Enhancement Program
A Demonstration Program
Imolementation of Promotional Advancement Procedure
The Electrical Technician classification will allow for specialization of skills. The
categories will be:
1. Basic Electrical and Power Distribution System Maintenance Skills
2. Plant Electrical System
3. Basic Instrumentation
4. Knowledge of Plant Critical Instruments
(Determined by the Plant Maintenance Division Manager)
To successfully complete this part of the training program, the employee must
demonstrate satisfactory proficiency in his/her field of Electrician.
The need for personnel in this category will be determined by district management and will
be filled by in-house competition among the qualified maintenance Electricians.
POD/Batts/1997/MechMaint.Pro
MAINTENANCE ELECTRICAL TECHNICIAN
Performance Test Advancement Criteria
1 . In order to successfully complete training in this skill, the following course material
must be completed before selection.
a.
b.
Instrumentation and Process Control
Industrial Electronics
10 units
5 units
2. In addition to the formal course material, the employee must demonstrate the
following:
a. Ability to troubleshoot and repair critical plant instrumentation
b. Ability to calibrate critical plant instrumentation
c. Coordination with Operations
3. Formal training will consist of classes given by District personnel, outside
contractors, equipment manufacturers, and consultants. Training will also be
required at off-site conferences, seminars or workshops to complete the
requirements. The District is under no obligation to provide such training, but
will work with any candidate to expedite his/her efforts in this area of enhanced
training. Training will generally consist of the following topics, with suggested
training sources, and time requirements:
District Telemetry System (16 hours) District Computer Section
Fundamentals of Instrumentation (40 hours) Outside Course
Critical Instrumentation (40 hours) District Instrument Shop
Programmable logic Controllers(PLCs) (40 hours) District/Outside Personnel
Basic PLC Knowledge
Mod Bus and ModBus Plus
Field PLC Systems
Man-Machine Interface (MMI) (16 hours) District/Outside Personnel
Variable Frequency Drives (VFDs) (40 hours) Outside Personnel
4. After successful completion of the above, an in-house certification will be issued,
and the individual will be eligible to take a proficiency test for Electrical Shop
Training Enhancement program advancement.
POD/BattsI1997/MechMaint.Pro
Critical Plant Doerations Department Instrumentation
The following list of critical treatment plant instrumentation is not meant to be
inclusive of all treatment plant instrumentation or even all critical instrumentation, but
that instrumentation judged critical to normal operation and control. The list will be
subject to periodic review and modification by both the Plant Maintenance and Plant
Operations Division Managers. Basic knowledge of these instruments will be gained
by the Electricians through on the job training with the Instrument Technicians.
* Continuous Emissions Monitor
* Furnace 02 Analyzer
* Furnace Draft Controllers
* Opacity Monitor
* Boiler Feed Water Systems
* Boiler Pressure Switches
* Maxxon Gas Valves
* Fire Eye Systems
* level Probe and Bubbler Systems
* Influent Flow Meters
POD/Batts/1997/MechMaint.Pro
EXHIBIT A
CENTRAL CONTRA COSTA
SANITARY DISTRICT
Effective:
Range:
Respiratory Class:
12/21/97
G-65
2
ELECTRICAL TECHNICIANELECTRICIAN
DEFINITION
Perform a variety of skilled tasks in the installation and maintenance of electrical systems
at the plant and pumping stations; perform advanced level electrical work; install and
maintain the electrical components of the telephone and paging systems.
DISTINGUISHING CHARACTERISTICS
This is the journey level class of the Electrician series.
The use of respiratory equipment (including S.C.B.A.) may be required for this position.
Therefore, the Electrical Technician Electrician will be required to be clean shaven free of
facial hair that would interfere with the use of a respirator for annual fit tests and for any
occasion which requires the use of respiratory equipment to comply with the District's
respiratory program and Cal/OSHA standards.
SUPERVISION RECEIVED AND EXERCISED
Receive general supervision from the Electrical Shop Supervisor.
EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the
following:
Install and repair electrical systems for equipment and machinery including high voltage
and power distribution systems.
Perform preventive maintenance on plant electrical equipment and controls including high
voltage switch gear, transformers, and power feeder cables.
Install interior and exterior wiring; run conduit; mount panels, lighting, and plugs.
Calibrate protective relayo to high voltage syotcms high voltage systems protective relays.
Perform related duties as required.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Elcctrical Tcchnician Electrician (Continued)
MINIMUM QUALIFICATIONS
Knowledge of:
Standard terms, practices, procedures, and modern methods common to the
electrical trade.
Principles, techniques, theory, and operation of electrical equipment.
Tools and materials used in maintaining and repairing electrical equipment,
machinery, and circuits.
The National Electrical Code and The Electrical Safety Orders of the California
Industrial Safety Commission.
Mathematics as required to perform responsibilities of the position.
Safety hazards and appropriate precautions applicable to work assignments.
Abilitv to:
On a continuous basis know and understand vvhat you are doing, and observe
safety rules the principles, techniques, and operation of electrical equipment while
performing work in compliance with safety rules. Intermittently observe and
analyze equipment problems, identify 10 numbers to locate equipment, interpret
work orders, remember equipment location, and explain jobs to engineers others.
Intermittently sit while studying prints, drawing schematics, and doing bench work;
walk and stand while moving from truck to job site, office to office; bend, squat,
climb, kneel, and twist while performing installation of wiring; perform simple and
power grasping, pushing and pulling, fine manipulation; lift or carry weight of 25
pounds or less; and for confined space entry, lift or carry weight of 50 pounds or
less.
Perform journey-level repair work on electrical equipment, machinery, and circuits.
Diagnose and determine effective course of action for correcting electrical
malfunctions.
Maintain work records; prepare clear and concise reports.
Understand and carry out oral and written directions.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Electrical Technician Electrician (Continued)
Abilitv to:
Establish and maintain cooperative relationships with those contacted in the course
of work.
Learn and observe all appropriate safety precautions as required by the District
including, but not limited to, Cal/OSHA General Industry Safety Orders, the
District's Respiratory Protection Program, and District Safety Directives.
Soecial Phvsical Reauirements:
Must be able to wear respiratory protection device for dust protection and while
painting and using certain chemicals and solvents. May be required to enter
confined space. Must be able to wear S.C.B.A. and perform job duties while
wearing protective equipment and S.C.B.A. weighing 32 pounds.
EXPERIENCE AND EDUCATION
Any combination equivalent to experience and education that could likely provide
the required knowledge and abilities would be qualifying. A typical way to obtain
the knowledge and abilities would be:
Exoerience:
Three years of journey level experience in industrial electrical maintenance
and repair work.
Education:
Equivalent to the completion of the twelfth grade, supplemented by
substanti.al training as an electrician such as completion of an apprentice
program.
LICENSES AND CERTIFICATES
Possession of a valid California Driver's License.
EXHIBIT B
CENTRAL CONTRA COSTA
SANITARY DISTRICT
Effective: 12/21/97
Range: G-e-SG-69
Respiratory Class: 2
ELECTRICAL TECHNICIAN
DEFINITION
Perform a variety of skilled tasks in the installation and maintenance of electrical systems
at the plant and pumping stations; perform advanced level electrical and basic
instrumentation and electronic work; install and maintain the electrical components of the
telephone, paging and telemetry systems.
DISTINGUISHING CHARACTERISTICS
This is the advanced journey level class of the Electrician series and is distinguished from
the Electrician level by the ability to perform the full range of electrical duties and
additional basic instrumentation duties as assigned.
The use of respiratory equipment (including S.C.B.A.) may be required for this position.
Therefore, the Electrical Technician will be required to be c1can oha'len free of facial hair
that would interfere with the use of a respirator for annual fit tests and for any occasion
which requires the use of respiratory equipment to comply with the District's respiratory
program and Cal/OSHA standards.
SUPERVISION RECEIVED AND EXERCISED
Receive general supervision from the Electrical Shop Supervisor.
EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the
following:
Install and repair electrical systems for equipment and machinery including high voltage
and power distribution systems.
Perform preventive maintenance on plant electrical equipment and controls including high
voltage switch gear, transformers, and power feeder cables.
Install interior and exterior wiring; run conduit; mount panels, lighting, and plugs.
Calibrate protective relays to high voltage oyotema high voltage systems protective relays.
Perform maintenance and troubleshooting of variable frequency drives.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Electrical Technician (Continued)
EXAMPLES OF ESSENTIAL DUTIES
Install and maintain plant and pump station telemetry systems.
Utilize and perform basic maintenance for human-machine interfaces (HMls) and
programmable logic controllers (PLCs) to troubleshoot and repair electrical systems.
Perform basic troubleshooting and repair tasks on instruments as assigned.
Perform related duties as required.
MINIMUM QUALIFICATIONS
Knowledae of:
Standard terms, practices, procedures, and modern methods common to the
electrical trade.
Principles, techniques, theory, and operation of electrical equipment.
Tools and materials used in maintaining and repairing electrical equipment,
machinery, and circuits.
The National Electrical Code and The Electrical Safety Orders of the California
Industrial Safety Commission.
Mathematics as required to perform responsibilities of the position.
Fundamentals of instrumentation.
Devices commonly used in District instrumentation including, but not limited to,
variable frequency drives (VFDs), human-machine interfaces (HMls), programmable
logic controllers (PLCs), and programming devices.
Rules and procedures for working with fiber optic systems, including but not
limited to, connectors and cables; general rules for fiber installation.
Safety hazards and appropriate precautions applicable to work assignments.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Electrical Technician (Continued)
Abilitv to:
On a continuous basis know and understand what you ore doing, and obscrve
sofot'; rulos the principles, techniques, and operation of electrical equipment while
performing work in compliance with safety rules. Intermittently observe analyze
equipment problems, identify ID numbers to locate equipment, interpret work
orders, remember equipment location, and explain jobs to engineers others.
Intermittently sit while studying prints, drawing schematics, using computer
keyboard and equipment, and doing bench work; walk and stand while moving
from truck to job site, office to office; bend, squat, climb, kneel, and twist while
performing installation of wiring; perform simple and power grasping, pushing and
pulling, fine manipulation; lift or carry weight of 25 pounds or less; and for
confined space entry, lift or carry weight of 50 pounds or less.
Perform journey-level repair work on electrical equipment, machinery, and circuits.
Perform basic level repair work on plant instruments as assigned.
Use District personal computers and networked software for assignments.
Utilize testing equipment associated with telemetry systems including, but not
limited to, connector testing and inspection.
Diagnose and determine effective course of action for correcting electrical
malfunctions.
Maintain work records; prepare clear and concise reports.
Understand and carry out oral and written directions.
Establish and maintain cooperative relationships with those contacted in the course
of work.
Learn and observe all appropriate safety precautions as required by the District
including, but not limited to, Cal/OSHA General Industry Safety Orders, the
District's Respiratory Protection Program, and District Safety Directives.
Soecial Phvsical Reauirements:
Must be able to wear respiratory protection device for dust protection and while
painting and using certain chemicals and solvents. May be required to enter
confined space. Must be able to wear S.C.B.A. and perform job duties while
wearing protective equipment and S.C.B.A. weighing 32 pounds.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Electrical Technician (Continued)
EXPERIENCE AND EDUCATION
Any combination equivalent to experience and education that could likely provide
the required knowledge and abilities would be qualifying. A typical way to obtain
the knowledge and abilities would be:
Exoerience:
Three years of journey level experience in industrial electrical maintenance
and repair work and successful completion of probation as a District
Electrician.
Education:
Equivalent to the completion of the twelfth grade, supplemented by
substantial training as an electrician such as completion of an apprentice
program; plus successful completion of the equivalent of District's in-house
training program for certification as an Electrical Technician.
LICENSES AND CERTIFICATES
Possession of a valid California Driver's License.
EXHIBIT C
CENTRAL CONTRA COSTA
SANITARY DISTRICT
Effective: 12/1/98
Range: S-7-l-S-74
Respirator Class: 2
ELECTRICAL SHOP SUPERVISOR
DEFINITION
Plan, organize, direct, and review activities of the electrical shop; maintain oversee the
maintenance of the electrical components of the telephone, paging and telemetry
systems; participate as necessary in electrical maintenance projects, including basic
instrumentation and electronic work.
DISTINGUISHING CHARACTERISTICS
The use of respiratory equipment (including S.C.B.A.) may be required for this position.
Therefore, the Electrical Shop Supervisor will be required to be clean shaven free of facial
hair that would interfere with the use of a respirator for annual fit tests and for any
occasion which requires the use of respiratory equipment to comply with the District's
respiratory program and Cal/OSHA standards.
SUPERVISION RECEIVED AND EXERCISED
Receive direction from the Plant Maintenance Superintendent.
Exercise general supervision over Electricians and Electrical Technicians.
EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the
following:
Supervise electricians and electrical technicians in the installation and repair of power
distribution systems, telemetry systems, and electrical systems in machinery, equipment,
buildings, structures, and grounds at the plant and pumping stations, and other District
facilities.
Assign and schedule work; inspect and evaluate electrical systems and equipment for
malfunctions and needed repairs.
Assist with and perform a variety of personnel actions including performance evaluations,
selections, dismissals, transfers, and disciplinary actions.
Assist with the preparation and administration of electrical shop budget.
Responsible for electrical preventive and predictive maintenance program.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Electrical Shop Supervisor (Continued)
EXAMPLES OF ESSENTIAL DUTIES
Order necessary electrical, ~ telephone, and paging system replacement parts.
Monitor and report on work of contractors.
Consult with superiors and manufacturers' representatives regarding equipment
purchases, placement, maintenance, and complicated repairs.
Keep maintenance records; prepare activity reports.
Perform related duties as required.
MINIMUM QUALIFICATIONS
Knowledae of:
Standard terms, practices, procedures, and modern methods common to the
electrical tfaGe and instrumentation crafts.
Principles, theory, and operation of electrical equipment.
Basic principles of instrumentation and electronics.
Specific knowledge of variable frequency drives (VFDs), programmable logic
controllers (PLCs), human-machine interfaces (HMls), and process instrumentation.
Rules and procedures for working with fibert optic systems including, but not
limited to, connectors and cables; general rules for fiber installation.
Tools, materials, and equipment used in maintenance work.
The National Electrical Code, ~ The Electrical Safety Orders of the California
Industrial Safety Commission, and applicable Cal/OSHA regulations.
Mathematics as required to perform responsibilities of the position.
Principles, practices, and techniques of supervision.
Safety hazards and appropriate precautions applicable to work assignments.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Electrical Shop Supervisor {Continued}
Abilitv to:
On a continuous basis know electrical and telephone system information, observe
work of electricians and electrical technicians, and understand electrical and basic
electronic and instrumentation information. Intermittently analyze electrical
problems, identify circuits, interpret blueprints, problem solve equipment failures,
and explain jobs to employees.
Intermittently walk to meetings, stand, bend, squat, kneel and/or twist while
working On equipment, sit at desk to use computer keyboard and equipment, climb
stairs, perform simple and power grasping, pushing, pulling, and fine manipulation,
lift or carry weight of 25 pounds or less; and for confined space entry, lift or carry
weight of 50 pounds or less.
Plan, direct, and personally perform journey-level maintenance and repair work on
electrical equipment and related instrumentation.
Establish and administer preventive mainte'nance procedures, schedules, and
standards.
Diagnose electrical problems and determine proper maintenance and repair
procedures.
Develop sound recommendations and courses of action regarding equipment
purchascs requisitioning and specifications, equipment placement, and
maintenance repair programs.
Train and supervise assigned personnel.
Maintain work records; prepare clear and concise reports.
Use District personal computers and networked software.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain cooperative relationships with those contacted in the course
of work.
Learn and observe all appropriate safety precautions as required by the District
including, but not limited to, Cal/OSHA General Industry Safety Orders, the
District's Respiratory Protection Program, and District Safety Directives.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Electrical Shop Supervisor (Continued)
Soecial Phvsical Reauirements:
Must be able to wear respiratory protection device for dust protection and while
painting and using certain chemicals and solvents. May be required to enter
confined space. When required to wear respiratory protection equipment, must be
able to wear S.C.B.A. and perform job duties while wearing protective equipment
and S.C.B.A. weighing 32 pounds.
EXPERIENCE AND EDUCATION
Any combination equivalent to experience and education that could likely provide
the required knowledge and abilities would be qualifying. A typical way to obtain
the knowledge and abilities would be:
Exoerience:
Five years of progressively responsible journey level experience in electrical
and power distribution equipment work, preferably including one year in a
wastewater treatment plant or other industrial facility using major
automated and microprocessor controlled electrical and electro-mechanical
equipment, including two years of experience in a lead or supervisory
capacity .
Education:
Equivalent to the completion of the twelfth grade, supplemented by
substantial training in electrical work such as completion of an apprentice
program and training equivalent to the District's certification program in
instrumentation.
LICENSES AND CERTIFICATES
Possession of a valid California Driver's License.
~.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
........ ... ... . . , . ., .... ...............
:::::IIIIIIIIIII~~II]IIII!~~~~~:~~?~: BOARD MEEllNG OF
?{:~:~~::';;::;"::):::;:",:,,,,(i):;;:,:::::~:,,:,:;;:;~;:,}~~~~:;,:::::~:::)m:;~:,:,:;:;;;:,}t:;m~~:?~: J a n u a ry 8, 1 998
Page 1 of 2
NO.
11. HUMAN RESOURCES a.
DATE
TYPE OF ACTION
December 29, 1997
HUMAN RESOURCES
SUBJECT
DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN ACCORDANCE WITH STEP FOUR OF
THE GRIEVANCE PROCEDURE
SUBMITTED BY
Paul Morsen, Deputy General Manager
INITIATING DEPTIDIV
Administrative/Human Resources
ISSUE: In accordance with the Memorandum of Understanding (M.O.U.) between the District and the Central
Contra Costa Sanitary District Employees' Association, Public Employees' Union, Local No. One, the Board
must employ an arbitrator to render a recommendation when grievances are appealed to the Board level.
BACKGROUND: The Union is grieving the District's decision to relocate the Instrument Shop to a new shop
in the former Primary Building. The Primary Building has not been utilized for several years and is currently
being remodeled with particular attention to making the space habitable and useful for the Instrument Shop
Technicians, as well as other maintenance staff.
The General Manager-Chief Engineer heard this grievance at Step Three of the grievance procedure in July,
1997. Both parties agreed to suspend the time lines for issuing a decision at Step Three while the District
attempted to address the concerns of the Instrument Technicians. After extensive staff research and
consultation with occupational health professionals, the General Manager-Chief Engineer denied the
grievance. The Union has requested that their grievance be elevated to Step Four.
In matters that are appealed to the Board of Directors (Step 4), the M.O.U. reads as follows:
"Step Four
In the event such differences are not settled and the grievant desires the grievance to be
considered further, it shall be presented, in writing, to the Secretary of the District within five
(5) days of receipt of the General Manager-Chief Engineer's decision. The Secretary shall
calendar the agenda item at the next regularly scheduled Board Meeting in keeping with
established guidelines for calendaring an agenda item.
The Board shall employ a neutral third party to hear the matter and recommend action to the
Board. The District and the Union shall equally share the cost. If the parties cannot agree
on a neutral third party, then a list of five (5) neutral individuals shall be requested from the
State Conciliation Service and the parties shall use the alternate elimination method to
determine who shall conduct the hearing. The Board may adopt, reject, or modify the
REVEWfD AND RECOM/VENDED FOR BOARD ACTION
~
H:\PPlBARSCGRV.PP
.........................................................................................................................................................................................................:.1.1
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........... .... '" ... ...... ,. .. ....... .... .... .. ...........
........... ..... . .... ... ..... .... .... ... . ..........
........... .... . ...... ... .... ... ... -... .. ...........
........... ..... .. ...... ... ..... ... ... .... .. ..........
:::::;:::::::::::::;:::::.:;:::::;:;:::::::::::::::;:::::.:::.:::::::::.:.:;:::.:::::::.:.,-;.:::::.;.::::::;.;.:;:;:::::.:.:.;:::::;.;.:::::::;:.;.;.;.:::::::.;.;.;.;.;.;.;.;:::;.;.;:::;::::::::::::::::;
December 29, 1997 I
Page 2 of 2
SUBJECT
DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN ACCORDANCE WITH STEP FOUR OF
THE GRIEVANCE PROCEDURE
recommendation of the appointed neutral third party. The decision of the Board is the final action of the
District. "
Due to the extensive amount of documentation relevant to this grievance, the Board was previously given
copies of supporting materials at its meeting of December 18, 1997.
RECOMMENDATION: Authorize staff to secure the services of an arbitrator in accordance with Step Four
of the grievance procedure.
Employees Union, Local One
.~s
~[gtg[gOW[g[Q)
JAN 0 [I 1998
January 6, 1998
cceso
!"'ECRET ARY OF THE Oi$TFlICT
Ms. Joyce Murphy
Secretary of the District
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553-4392
Dear Ms. Murphy:
The letter is to confirm our telephone conversation of January 5, 1998, in which the Union
requested the Central Contra Costa Sanitary Board hold in abeyance any action on the Instrument
Shop grievance, at it meeting of January 8, 1998. It is hope that the District and the Union will be
able to resolve this grievance in a meeting scheduled with the District later this month.
Please feel free to contact me if you or your staff should have any questions.
Sincerely,
.../~
. .
i
Rudy Jenkins,
Business Agent, Local One
fA-r
RJltj
cc: Henry Clarke, General Manager, Local One
Paul Kelly, President, Local one CCCSD
Mark Benson
Paul Morrison
Jim Calverase
Catherine Freitas
John Pearl