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Home My WebLink AboutAGENDA BACKUP 02-05-98 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS }il':':::::':::&Ci.::I':'iii'I:'::"i):.:mrll':':::::':\jUii:.':'::::::::iittt BOARD MEETING OF :::::::::::II::.lI:::::::::~:::::::::B:!:I::::::LtI:fjll[::::::;:;:;:;:;11::::::::::: February 5, 1998 Page 1 of 3 NO. 3. CONSENT CALENDAR e. DATE TYPE OF ACTION January 29, 1998 ACCEPT GRANTS OF EASEMENTS SUBJ ECT ACCEPT NINE GRANTS OF EASEMENTS AT NO COST TO THE DISTRICT FROM THE CITY OF WALNUT CREEK, JOB 4826, PARCELS 5 THROUGH 8 AND 13 THROUGH 17 SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPTIOIV Engineering Department/Infrastructure Division .ISSUE: Board of Directors' approval is required for accepting grants of easements. BACKGROUND: The City of Walnut Creek's South Broadway Extension Project included the construction of the new street, noise walls, and the relocation of existing public sewer mains. The work was done in phases over a number of years. The sewers were relocated in 1994 as a part of one of these phases. The City acquired the necessary easements for the relocated sewers from the property owners along the new street and is now transferring the easements to this District. Staff has concluded that this project (acquisition of these easements) 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' acceptance of these easements will constitute an independent finding that this project is exempt from CECA. RECOMMENDATION: Accept nine easements at no cost to the District from the City of Walnut Creek, Job 4826, Parcels 5 through 8 and 13 through 17, and authorize the Grants of Easements to be recorded. DH JSM RAB REVEWE'D AfID RECONWEf\DED FOR BOARD AC710N INITIATING DEPARTMENTIOIVlSlON .{~~ 9J/lJ f& G:\VIRGINIA\Accept Grant of Easement 4826.DH.wpd 9/16/96 ~ N , ACCEPT GRANTS OF EASEMENTS JOB 4826 WALNUT CRE-EK AREA ~ N , (f \ . ACCEPT GRANTS OF EASEMENTS JOB 4826 WALNUT CREEK AREA ~ Central Contra Costa Sanital) District BOARD OF DIRECTORS 1:llollllllllll:lllollllllll!I:III:I!1 BOARD MEETING o~ebrUary 5, 1998 Page 1 of 1 NOo 3. CONSENT CALENDAR f. DATE TYPE OF ACTION January 28, 1998 CONSIDER EMERGENCY WITHDRAWAL SUBJ ECT CONSIDER A REQUEST FOR EMERGENCY WITHDRAWAL OF FUNDS FROM THE DEFERRED COMPENSATION PLAN SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTIDIV Administrative/Finance & Accounting ISSUE: Authorization by the Board of Directors is required for emergency withdrawal of funds from the Deferred Compensation Plan. BACKGROUND: Gregory Walker, Maintenance Technician II, has requested an emergency withdrawal from the Deferred Compensation Plan based on extreme financial hardship caused by a sudden and unexpected illness of the employee's dependent. The Deferred Compensation Plan Advisory Committee has reviewed the request and determined that it meets the requirements for emergency withdrawal in the amount of $5,000, after taxes. RECOMMENDATION: Approve the request by Gregory Walker for an emergency withdrawal of $5,000, after taxes, from the Deferred Compensation Plan, as recommended by the Deferred Compensation Plan Advisory Committee. OR PM INITIATING DEPARTMENTIDIVlSION ~ S:\ADMIN\POSP APER\EMER-WD .GW. wpd 9/16/96 4& Central Contra Costa Sanitary District BOARD OF DIRECTORS ::::j::I.~III.I:::j::jlllllli:iii:::::j BOARD MEE1l~~ruary 5, 1998 tt:::It.Bi::;:~{:::~t::::.:::J::::::~f1~::::;~fj~i::::!~~~~~:::::::::j!fi!j:::::;::::::;::::I~:::::~Imt Page 1 of 5 NO. 5. BIDS AND AWARDS a. DATE 'JYPE OP ACTION January 29, 1998 AUTHORIZE AWARD SUBJECT AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO MONTEREY MECHANICAL COMPANY FOR THE POWER DISTRIBUTION CABINETS ENVIRONMENTAL CONTROL PROJECT, DISTRICT PROJECT 7100A SUBMITTED BY Ba T. Than, Associate Engineer INITlATlNG DEPTIDIV Engineering Department/Plant Engineering Division lSS.UE: On January 27, 1998, sealed bids were received and opened for construction of the Power Distribution Cabinets Environmental Control project, District Project No. 7100A. The Board of Directors must authorize award of the contract or reject bids within 50 days of the bid opening. BACKGROUND: The District started operating and maintaining the ultraviolet (UV) disinfection facilities in March 1997 (see Attachment 1 for project location). The major electrical and electronic components of the UV disinfection system are housed inside 18 power distribution cabinets (PDCs) which are ventilated with ambient air for cooling. As the Board was informed at a special meeting held on July 31, 1997, one of the conclusions drawn from the initial operation of the UV facility in Summer 1997 was that it was necessary to add cooling air to the PDCs to improve their reliability. This project will ensure system reliability throughout the year for effluent disinfection. The addition of such a system will also eliminate the accumulation of dust and moisture within the PDCs. This project will install an air handling unit, a refrigeration unit, and ducts to supply clean, temperature controlled air to the PDCs. This will maintain a constant temperature in the PDCs at all times; therefore, increasing the reliability and long-term life of electrical and electronic components. This will also eliminate insect and dust accumulation inside the PDCs and reduce the maintenance activities of these facilities. The project was advertised on January 14 and 19, 1998. Three bids of $381,500 to $573,000 were received and publicly opened on January 27, 1998. A summary of these bids is shown in Attachment 2. The Plant Engineering Division conducted a technical and commercial evaluation of these bids and has determined that Monterey Mechanical Company, a firm which has successfully completed District projects in the past, is the lowest responsible bidder with a bid amount of $381,500. REVIEWED AND RECOMMENDED FOR BOARD ACTION BTT WEB RAB INITlA T1NG DEPARTMENTIDIVISION B1T \~ fjf(j l:\Position Papers\BTHAN\71 OOA_Award.wpd 9/16/96 DATE January 29, 1998 Page 2 of 5 SUBJECT AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO MONTEREY MECHANICAL COMPANY FOR THE POWER DISTRIBUTION CABINETS ENVIRONMENTAL CONTROL PROJECT, DISTRICT PROJECT 7100A The Engineer's Estimate for construction was $250,000. Staff has reevaluated the need for the project in view of the difference between the contractor's bid, and the Engineer's Estimate. Both the Engineering and Plant Operations Department staff believe that it is imperative to move ahead with this project in order to provide reliable disinfection for the upcoming summer and thereafter. In recent years, a favorable bidding climate for District projects has been reflected in the Engineer's Estimate, as is the case for this project. However, the recent positive change in the state's economy and the resulting increase in contractor workload has led to an overall increase in construction cost. The impact of this trend is why the project bids were higher than anticipated. District staff will administer the construction management function for the construction contract. Staff recommends that NPG Engineering and Construction (NPG) be selected for the task of construction inspection service, since District staff is not presently available. Staff also recommends retaining Montgomery Watson to provide construction support services since Montgomery Watson prepared the plans and technical specifications. The estimated total construction cost of this project, as shown in Attachment 3, is $550,000. The remaining allocated funds of the Disinfection Facilities Improvements project (DP 7100) will be adequate to pay for the construction for this project. Therefore, no additional allocation of funds is required at this time. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines Section 18.2, since this involves minor alterations to existing sewage facilities with no increase in capacity. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEOA. RECOMMENDATION: Authorize award of a construction contract in the amount of $381,500 for construction of the Power Distribution Cabinets Environmental Control project, DP 71 OOA, to Monterey Mechanical Company, the lowest responsible bidder. Page 3 of 5 ~ N , o 500 I I FEET z. ~t ~l '1-';). o Central Contra Costa Sanitary District PDC ENVIRONMENTAL CONTROL PROJECT DISTRICT PROJECT 7100A PROJECT LOCATION ATTACHMENT 1 ATTACHMENT 2 Page 4 of 5 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECTS NO.: 7100A PROJECTS NAME: PDC ENVIRONMENTAL CONTROL LOCA nON: MARTINEZ. CALIFORNIA DATE: JANUARY 27. 1998 ENGINEER EST.: $ 250.000 No BIDDER BID PRICE (Name & address) 1 Monterey Mechanical Company 381,500 8275 San Leardro Street Oakland, CA 94621 2 N. V. Heathorn, Inc. 398,360 2846 Chapman Street Oakland, CA 94601 3 Scott Co. Of California 573,000 1717 Doolittle Drive San Leandro, CA 94577 BIDS OPENED BY /s/ Ken Laverty DATE January 27. 1998 SHEET NO...L OF..L. Page 5 of 5 ATTACHMENT 3 PDC ENVIRONMENTAL CONTROL PROJECT DISTRICT PROJECT NO. 7100A TOTAL CONSTRUCTION COST ESTIMATE PERCENT OF ESTIMATED CONSTRUCTION NO. ITEM DESCRIPTION TOTAL ($) COST 1. CONSTRUCTION a. Construction Contract 381,500 b. Contingency at 15 percent 58,500 c. Programming 10,000 TOTAL CONSTRUCTION 450,000 100.00 2. CONSTRUCTION MANAGEMENT a. District Forces - Construction Management 17,500 - Contract Administration 12,000 - Project Engineering 7,000 - Plant Operations Department 8,000 - Survey 500 SUBTOTAL 45,000 10.00 b. Consultants - Construction Support Services - Montgomery Watson 20,000 - Construction Inspection Services - NPG Engineering 20,000 SUBTOTAL 40,000 8.89 TOTAL CONSTRUCTION MANAGEMENT 85,000 18.89 3. PRE-COMPLETION CASH INCENTIVE 15,000 3.33 4. TOTAL CONSTRUCTION COST 550,000 122.22 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ........................................................................................................ ........................................................................................................ :::::'::::::::'!.~'I..m::;~...~:~:I...~"i:::ill..::::}j(~'I!-ell..:::-:::'::::::i:::::i::'::::i::':' BOARD MEETlNG OF ~~tttm~.R::/~~::/~~~::::.'I~~it::::~~~~~~~~~~~5L:f\::tr~r~rr~~j~~ Page 1 of 4 DATE January 29, 1998 NO. 7 . ENGINEERING a. TYPE OF ACTION AUTHORIZE AGREEMENT SUBJ ECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH WINDEMERE RANCH PARTNERS FOR REIMBURSEMENT OF PLANNING, DESIGN, AND PROPERTY RIGHTS ACQUISITION COSTS FOR THE DOUGHERTY TUNNEL AND TRUNK SEWER PROJECT, DP 5902 SUBMITTED BY Jarred Miyamoto-Mills, Principal Engineer INITIATING DEPTIDlV Engineering/Planning ISSUE: Authorization by the Board of Directors is required for agreements on capital improvement projects when the amount is greater than $50,000. BACKGROUND: On September 4, 1997, the Board of Directors approved the Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties, and determined that construction of a new gravity tunnel and trunk sewer between the valley and CCCSD's existing larwin Pumping Station in San Ramon is the most appropriate means for extending service to the area. The General Development Standards established by the Board's approval of the Specific Facilities Plan require that 1) the District design and construct the tunnel and trunk sewer due to the special nature of the work and the critical reliability criteria for the facilities, and 2) the design, construction, and property rights acquisition for the project be financed by the developers without financial risk to CCCSD's current or future customers. Another item on today's agenda recommends that the Dougherty Tunnel and Trunk Sewer Project proceed into the final design/property rights acquisition stage. District staff will direct and manage these activities working with specialty geotechnical, tunnel design, and right-of-way consultants. Staff has negotiated an agreement with Windemere Ranch Partners (WRP) for reimbursement of the District's past and future planning, design, and property rights acquisition costs associated with the project, which are estimated to be $1,292,000. The recommended agreement includes the following terms and conditions: . The District will oversee planning, design, and property rights acquisition for the project. . The District will use its own staff and Qualified consulting firms to carry out the work. The District will administer all payments to consultants. . The work product will be the property of the District. . WRP will reimburse one hundred percent (100%) of project costs. ~ AND RECOVNENDED FOR BOARD ACTION DJC RAB INITIATING DEPARTMENTtOl~ lJt7 ~ H:\DA T A \POSP APER\0205windmr. wpd 9/16/96 ............................................................................................................. ............................................................................................................ ............................................................................................................. ............................................................................................................ .ljl:I!III!ii?::::::::~r::::::::~:.~::::::::::.::::::::::::::::::::::J:::::::::t:::::::::::::::I.:I:I:::::::::::t:::::::t:::::::::::~:::::::::::::::::::::::~:~i!ijiji:lij:i:j!iiijiii:iii!i!i:iiiii!i' ~A~~uary 29, 1 998 SUBJECT Page 2 of 4 AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH WINDEMERE RANCH PARTNERS FOR REIMBURSEMENT OF PLANNING, DESIGN, AND PROPERTY RIGHTS ACQUISITION COSTS FOR THE DOUGHERTY TUNNEL AND TRUNK SEWER PROJECT, DP 5902 . By March 31, 1998, WRP will reimburse the District $216,525 for planning and predesign work charged to the project through December 31, 1997 (a part of the $1 ,292,000 total). . WRP will be billed monthly for project costs charged after December 31, 1997, and will pay within 30 days of their receipt of each invoice. . The agreement does not preclude the potential for WRP to be reimbursed by other developers or property owners through the District's rebate program. The agreement will not prevent WRP from entering into separate cost sharing agreements. . Prior to the project being advertised for bids, WRP and the District will negotiate and execute an arrangement for financing the construction of the project without financial risk to existing or future District customers. . The District will proceed immediately and diligently with the work. . The agreement may be terminated by either party, by giving 30 days written notice, if the other party is in breach of the agreement. WRP will pay all project costs through the date of termination and will not be entitled to any refund of payments. . The agreement is binding on any successors to WRP should the property be sold or otherwise transferred to a different party. The District must consent to any assignment of the agreement. . The tunnel and trunk sewer facilities to be built and the easements acquired will be the property of the District. All tributary connections to the public sewer system, including those of WRP, must comply with the requirements of the District's Code, ordinances, rules and regulations, and pay all applicable fees and charges for connection and service. The Dougherty Tunnel and Trunk Sewer project is included in the 1997-98 Capital Improvement Budget beginning at page CS-34. The current total project cost estimate for the tunnel and trunk sewer is $16,692,000. Details of this estimate are presented in Attachment 1. The environmental impacts of construction and operation of the tunnel and trunk sewer facilities were addressed in the County's 1996 Final Subsequent Environmental Impact Report, Windemere - Phase I and Gale Ranch - Phase II (SCH# 96012003). The CCCSD Board of Directors reviewed this EIR during its ::;:;:::;:;:;:::::::::::::::::;:::;:;:;:::;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::::::;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:: ",'",'""""""""""""""""",""""",""""""""""""""""",""""""""'""""""""""""""",:;::""""""""","","""""""""""""""""""""""""" DATE :~:~:~:~:~:~:~ ;.; "." .;:;. .:." '. ": -.: ~:~:~:~:~ .. ";:. ".:.: . ......: .;. ~:~:~:~:~:;:~:~:~:;:~:;:;:;:~:;:;:;:~:;:~: J 29 1 998 ff"f """'" "", . ,:,f', ,.,.,., "" "'{{{{{{{""{{ anuary , Page 3 of 4 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH WINDEMERE RANCH PARTNERS FOR REIMBURSEMENT OF PLANNING, DESIGN, AND PROPERTY RIGHTS ACQUISITION COSTS FOR THE DOUGHERTY TUNNEL AND TRUNK SEWER PROJECT, DP 5902 deliberations regarding annexation of the Windemere property in June 1997, and established its independent finding that the EIR adequately addressed wastewater utility service issues, including construction and operation of the tunnel and trunk sewer facilities. RECOMMENDATION: Authorize the Ge~al Manager-Chief Engineer to execute the proposed agreement with Windemere Ranch Partners for reimbursement of planning, design, and property rights acquisition costs for the Dougherty Tunnel and Trunk Sewer Project, DP 5902. Page 4 of 4 ATTACHMENT 1 PROJECT COST ESTIMATE ITEM Planning/Engineering Activities to December 31, 1997 ESTIMATED COST $ 216,525 Design . Geotechnical EngineeringfTunnel Design Consultant . Trunk Sewer Design Consultant · CCCSD Staff $ 530,000 150,000 Project Management/Design Surveying/Related 75,000 15,000 5,000 25,000 25,475 Public Notification/Community Relations · Utility Locating . Other Direct Costs SUBTOTAL - DESIGN $ 825,475 Right of Way · CCCSD Staff · Permits 12,000 35,000 3,000 200,000 . Right of Way Services Consultant . Easements (Permanent and Temporary) SUBTOTAL - RIGHT OF WAY $ 250,000 TOTAL - PLANNING/DESIGN $ 1 ,292,000 Construction . Construction Management/Engineering 9,700,000 3,500,000 800,000 . Tunnel . Trunk Sewer SUBTOTAL - CONSTRUCTION $14,000,000 Contingency (10%) $ 1.400.000 GRAND TOTAL $16.692.000 \\\\l'( ~~ ~ ~ CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ, CA 94553 Extension 301 TRAN~MrTTAl DATE: SENT TO: SENT BY: January 30, 1998 Honorable Board Membe Roger J. Dolan, General ATTACHMENTS: Attached for your review is a draft copy of the agreement between CCCSD and Windemere Ranch Partners for reimbursement of planning, design, and property rights acquisition costs for the Dougherty Tunnel and Trunk Sewer Project. This agreement is the subject of one of the February 5th Board Meeting position papers. c: R. Baker D. Craig C.Swanson J. Miyamoto-Mills K.Alm DRAFT AGREEMENT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND WINDEMERE RANCH PARTNERS FOR PLANNING, DESIGN, AND PROPERTY RIGHTS ACQUISITION FOR THE DOUGHERTY VALLEY TUNNEL AND TRUNK SEWERS This Agreement made and entered into this _ day of , 1 9_, by and between CENTRAL CONTRA COSTA SANITARY DISTRICT, a California special district, hereinafter called "CCCSD;" and WINDEMERE RANCH PARTNERS, a California limited partnership formed on July 16, 1986, by Windemere General Partners, the general partner, and Weyerhauser Windemere Partners, the limited partner, hereinafter called "WRP. " WITNESSETH: WHEREAS, WRP plans to construct a major residential and commercial development project in south central Contra Costa County in an area known as Dougherty Valley; and WHEREAS, WRP's property in Dougherty Valley has been annexed to CCCSD for wastewater utility service; and WHEREAS, CCCSD is responsible for determining the route and design capacity of wastewater facilities serving property within its boundaries; and WHEREAS, the CCCSD Board of Directors, on September 4, 1997, adopted the Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties, and determined that construction of a new gravity tunnel and trunk sewer between the Dougherty Valley and CCCSD's existing Larwin Pumping Station in San Ramon, as shown on Exhibit 1, incorporated herein by reference, is the most appropriate means by which the WRP development project and other; nearby developments can be connected to the CCCSD wastewater collection system, considering technical, environmental, and financial issues; and Page 1 of 7 DRAFT WHEREAS, the environmental effects of constructing and operating the tunnel and trunk sewer were addressed in Contra Costa County's Subsequent Environmental Impact Report for the WRP development project which was certified by the Board of Supervisors on November 19, 1996; and WHEREAS, the WRP development project is expected to be the first to require use of the tunnel and trunk sewer; and WHEREAS, under the CCCSD Code, WRP is financially responsible for the planning, design, and construction of on-site and off-site public wastewater facilities (including the tunnel and trunk sewer) necessary to connect the WRP development project to an appropriate, existing facility within CCCSD's wastewater collection system; and WHEREAS, the tunnel and trunk sewer are wastewater facilities which will require specialized construction methods and a high degree of reliability since they will be the only means of wastewater conveyance between the substantial development planned in and around the Dougherty Valley and CCCSD's existing wastewater collection system; and WHEREAS, property rights for construction, operation, and maintenance of the tunnel and trunk sewers, including both temporary construction and permanent easements, must be acquired from other parties including, but not limited to, Shapell Industries of Northern California, Pacific Gas and Electric Company, and East Bay Municipal Utility District. NOW, THEREFORE, CCCSD and WRP agree that this Agreement states responsibilities and activities to be undertaken by CCCSD and WRP, all as set forth herein. A. CCCSD will directly oversee the planning, design, and property rights acquisition for the Dougherty Valley Tunnel and Trunk Sewer -- District Project No. 5902 (Project) to ensure the reliability of the facilities. The Project includes the tunnel and trunk sewer facilities between and including the east portal of the tunnel and a new trunk sewer/wet well junction structure at the District's Larwin Pumping Station in San Ramon. B. CCCSD will assign CCCSD Principal Engineer Curtis Swanson, P.E. as Project Manager and other appropriate staff to provide daily direction, administration, and review of the planning, design and property rights acquisition work. Page 2 of 7 DRAFT C. CCCSD may use its own staff or contract with qualified engineering and consulting firms for design of the tunnel and trunk sewer and for property rights acquisition services. CCCSD has selected Woodward Clyde Consultants to design the tunnel portion of the Project, and Universal Field Services as consultant for property rights acquisition. The District will select a consultant for design of the trunk sewer portion of the Project on or before March 5, 1998. CCCSD will administer payments to consultant(s). D. All rights, title, royalties, and interest to all work product of CCCSD or its consultants resulting from their performance under this Agreement, including easements and fee title to real property acquired, drawings and specifications, data, reports, estimates, opinions, recommendations, summaries, software, systems, networks, and other such information and materials as may be accumulated by CCCSD or its consultants in performing work under this Agreement, whether complete or in progress, shall be vested in CCCSD. E. As presented in Exhibit 2, incorporated herein by reference, the Project Cost Estimate for planning, design and property rights acquisition is estimated at $1 ,292,000. This amount may not be exceeded except by mutual agreement of CCCSD and WRP. WRP will reimburse CCCSD for one hundred percent (100%) of the cost of the planning and design work, and property rights acquisition incurred by CCCSD and its consultants. F. By March 31, 1998, WRP will reimburse CCCSD $216,525 for the cost of planning, design, and property rights acquisition work charged to the Project through December 31, 1997. G. Beginning March 20, 1998, and monthly thereafter until the completion of the work covered under this Agreement, CCCSD will bill WRP for the cost of the work charged to the Project after December 31, 1997. WRP will remit payment on each invoice within 30 days of its receipt of the invoice. H. By entering into this agreement, neither party precludes WRP from reimbursement by other developers or property owners whose properties also would be served by the tunnel and trunk sewers, through application of CCCSD's established provisions for rebates (CCCSD Code, Chapter 9.12, Rebate Sewage Facilities) or other similar District reimbursement policies. However, nothing herein will prevent Page 3 of 7 DRAFT WRP from entering into separate agreements among the other developers or property owners which may waive or reallocate rebates or reimbursements. I. Prior to the Project being advertised for bids, both parties agree to negotiate and execute a financing arrangement for construction of the Project such that current and future CCCSD customers will have no financial risk or responsibility for the cost of planning, design, property rights acquisition, or construction of these wastewater facilities. Ownership of Project facilities shall vest in CCCSD which will be responsible for operation and maintenance of such facilities. The failure to negotiate and execute a financing arrangement for construction of the Project will not affect any other rights, duties, or representations under this Agreement. J. Payments made by WRP to CCCSD under this Agreement do not alter the obligation of WRP to comply with the requirements of the District's Code, ordinances, rules and regulations, and to pay all applicable fees and charges for plan review, permitting, inspection, facilities capacity, and sewer service. K. Both parties agree that time is of the essence in completing the work identified in this Agreement. The parties hereto agree to immediately and diligently proceed with their respective duties as set forth herein so that the work will be completed satisfactorily within the shortest reasonable time. A Tentative Project Schedule is presented in Exhibit 3, incorporated herein by reference. CCCSD will provide WRP with written notification of any modifications to the tentative work schedule. L. Either CCCSD or WRP may terminate this Agreement, by giving the other party 30 days written notice, if such other party fails to abide by the terms of the Agreement. Upon termination, CCCSD shall receive payment for all amounts due and not previously paid to CCCSD for work completed or in progress in accordance with the Agreement prior to such date of termination and for any other reasonable cost incidental to such termination. As CCCSD will be billing in arrears for the cost of work performed under this Agreement, WRP will not be entitled to a refund of payments made to CCCSD if termination occurs. M. The prevailing party in any arbitration or lawsuit brought to interpret or enforce the terms of this Agreement, or in any claims whether in contract, tort or otherwise, arising directly or indirectly out of this Agreement or its performance, shall be entitled to recover its reasonable costs and attorneys' fees from the other party, Page 4 of 7 DRAFT and the court or arbitrator shall award such attorneys' fees as an element of costs. For purposes of this provision, "prevailing party" shall include a party which dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. "Prevailing party" shall not include any party who refuses an offer of compromise prior to ten (10) days before trial or arbitration of the matter, and fails to receive an award more favorable than the terms and conditions set forth in the offer of compromise, either in the amount of damages awarded or the type of relief granted. N. All notices to either party by the other shall be made in writing and delivered or mailed to such party at their respective addresses as follows, or to other such address as either party may designate, and said notices shall be deemed to have been made when delivered or five (5) days after mailing. To CCCSD: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Attention: Curtis Swanson, Principal Engineer To WRP: Windemere Ranch Partners c/o Chapman & Wilson, Inc. 1350 Treat Blvd., Suite 560 Walnut Creek, CA 94596 Attention: Dan Coleman O. 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 or written understanding or agreement not incorporated herein will be binding on any of the parties hereto. No presumption or rule that ambiguities be construed against the drafting party shall apply to the interpretation of this agreement. Page 5 of 7 DRAFT P. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of the party's right to insist and demand strict compliance thereafter by the other party with the terms of the Agreement. Q. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, whether as a result of voluntary or involuntary assignment or actions. This Agreement may not be voluntarily assigned by WRP without the prior written consent of CCCSD. In connection with any such voluntary assignment for which consent of CCCSD is required, CCCSD may condition its consent upon the provision of adequate financial guarantees by the proposed assignee and upon any other factor which CCCSD deems relevant in the circumstances. As a condition of CCCSD's approval of any proposed assignment of this Agreement, WRP shall pay to CCCSD all amounts due and not previously paid to CCCSD for work completed or in progress under the terms of this Agreement. This Agreement may be recorded with the Contra Costa County Recorder. R. Each party agrees in good faith to perform as set forth herein. Page 6 of 7 DRAFT IN WITNESS THEREOF, the parties hereto have executed this Agreement the date and year first written above. CENTRAL CONTRA COSTA SANITARY DISTRICT, a California special district Approved as to form: Roger J. Dolan General Manager/Chief Engineer Kenton L. Aim District Counsel WINDEMERE RANCH PARTNERS, a California limited partnership By: Windemere General Partners, a California general partnership, General Partner By: Somerset Homes, Inc a California corporation, General Partner By: F. Allan Chapman President By: CWL Windemere Associates, L.P. a California limited partnership, General Partner By: CWL Windemere Group, a California limited partnership, General Partner By: F. Allan Chapman General Partner By: John O. Wilson General Partner Page 7 of 7 / .~ BOUNDARY OF AREA TRIBUTARY TO TUNNEL Central Contra Costa ~ Sanitary District g: ~ l!! a: ... g AGREEMENT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND WlNDEMERE RANCH PARTNERS FOR PLANNING, DESIGN AND PROPERTY RIGHTS ACOUISmON FOR THE DOUGHERTY VALLEY nJNNa AND TRUNK SEWERS EXHIBrr 1 "___._._,,_._",,.~___*,__._.~_'M"""___"_'_____'._ ..__.".__"_.."_.__."__,^.,_..___~___."..._ .._~.._~.__._.._'__M_~~"'______._'_'_______ EXHIBIT 2 PROJECT COST ESTIMATE ITEM Planning/Engineering Activities to December 31, 1997 Design . Geotechnical Engineering/Tunnel Design Consultant . Trunk Sewer Design Consultant . CCCSD Staff Project Management/Design Surveying/Related Public Notification/Community Relations . Utility Locating . Other Direct Costs SUBTOTAL - DESIGN Right of Way . CCCSD Staff . Right of Way Services Consultant . Permits . Easements (Permanent and Temporary) SUBTOTAL - RIGHT OF WAY TOTAL - PLANNING/DESIGN DRAFT ESTIMATED COST $ 216,525 $ 530,000 150,000 75,000 1 5,000 5,000 25,000 25.475 $ 825,475 1 2,000 35,000 3,000 200.000 $ 250.000 $ 1,292,000 DRAFT EXHIBIT 3 TENTATIVE PROJECT SCHEDULE ACTIVITY COMPLETION DATE Complete Design and Construction Documents Award Construction Contract(s) Complete Construction November, 1 998 February, 1999 February, 2000 $ SHAPELL INDUSTRIES of NORTI-lERN CAUFORNIA ^ DivisiOl"l of st1Cq)elllnc;luwies. Inc. February 5, 1998 Daniel Coleman Windemere Ranch Partners 1350 Treat Blvd., Suite S60 Walnut Creek, CA 94596 Re: Dougherty Valley Sewer Agreement Dear Dan: I am very pleased to be able to confirm the agreement reached between Sbapcll Industries ofNorthcrn California., Inc., a division ofShapell Industries, lnc. (Shapell) and Windcmcre Ranch Partners. a limited partnership (WRP) regarding sewer service to WRP's and Shapel1's developments in the Dougherty Valley area. The bottom line of our deal is that Sbapcll will contribute casements for the new sewer and will not be obligated to pay the cost of designing and developing the sewer. Shapell will agree to contribute, at no cost or expense to WRP (or to Central Contra Costa Sanitary District (CCCSD)), both permanent and temporary easements over its property for construction and operation of the gravity tunnel as d.e&cribed in the Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties (the PIan) adopted by CCCDSD on September 4, 1997. The Plan descn'bes a project including the tunnel and related sewer improvements (the Project). Shapell will have the right to review and approve the horizontal and vertical alignment of the sewer system and shall be reasonable in its review. In exchange for Shapell's contribution. WRP will not enter into any agreement with CCCSD that assigns any of the cost of the Project to Shapell for any property it owns or to any successors of ShapeU. In the alternative, if CCCSD requires that WRP enter into such an agreement, then WRP will first agree to in~nify ShapeD and its SUCCCS801'S from such costs. In any event. WRP will indemnify Shapell and its successors against the cost of the Project. These obligations of Shape11 and WRP are binding on ShapeD and WRP and their suecessors and assigns, and both Shapell and WRP will execute any documents necessary to legally bind SluqJeU's and \VRP's successors. Homes of Quality Sin~ 1955 P.O. Box 361169, UlO North Milpita. Boulevard, Milpitu, California 95035 Phone: 408/946-155(1 Fcax; 408/946-9687 I am hopeful that we will be able to convince CCCSD to incorporate our ~t into their proposed agreement for developing the Project. WRP and ShapeU are both committed to working together to get the Project approved. including the financing attaDgen1enfs and gnm1 of easements set forth. in this letter. Your signature at the foot of this letter confirms the agreement between Shapell and WRP. Upon confirmation of our agreement, ShapcJI will immediately worlc to get the deal between CCCSD. WRP and Shapcll done and approved by the CCCSD Board. 1 am very pleased that we have been able to wolk: this ammgemcnt out and I am hopeful that we can get the Project started very soon. Please sign a copy of this letter and mx and de1iVC' the signed letter to me or Tom Koch so that Shapell and WRP will both have a RlCOrd of this contract. Daniel W. Hancock SbapeIJ Industries ofNorthcrn California A division ofShapell industries, Inc. By executing a copy of this letter. WRP agrees to and will be bound by each and ~ory term of this letter agreement DatOO: 2/;- I?!J , ~J:II// Daniel Coleman Windemerc Ranch Partners, a California limited partnership ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS :ii:i!I!.~"I":'fi['I:':'.~!I:::i::'i!:'~:::'!i!~ii::i::ii:iii:iii:!i! BOARD MEEllNG OF ,{,m:.B,:,:,:::I:::::::::.,~I::,::::mmm::I!.!"",!,!",!"",!, February 5, 1998 Page 1 of 2 NO. 7. ENGINEERING b. DATE TYPE OF ACTION January 29, 1998 AUTHORIZE AGREEMENT SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH WOODWARD-CLYDE CONSULTANTS TO PROVIDE PREUMINARY AND FINAL DESIGN SERVICES FOR THE DOUGHERTY TUNNEL, DP 5902 SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPTIDIV Engineering Department/Infrastructure Division ISSUE: Board of Directors' authorization is required for the General Manager-Chief Engineer to execute professional service agreements for amounts greater than $50,000. BACKGROUND: In June 1997, the District annexed the eastern half of the Dougherty Valley (Windemere Ranch). On September 4, 1997, the Board of Directors approved the Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties and determined that construction of a new gravity tunnel and trunk sewer between the valley and the District's existing San Ramon Pumping Station is the most appropriate means for extending service to the area. The General Development Standards established by the Board's approval of the Specific Facilities Plan require that 1) the District design and construct the tunnel and trunk sewer due to the special nature of the work and the critical reliability criteria for the facilities, and 2) the design, construction, and property rights acquisition for the project be financed by the developers without financial risk to the District's current or future customers. Staff recommends that a professional engineering consultant be engaged to perform design of the tunnel because of the size and special nature of the project. A Request for Proposal was distributed to four engineering firms specializing in tunnel design and geotechnical engineering. Three firms submitted written proposals. The proposals were reviewed, and the project teams were interviewed by a panel consisting of District engineering staff and Mr. Dan Coleman of Windemere Ranch Partners. The three firms responding to the RFP were Woodward-Clyde Consultants, Jacobs Associates, and Parsons Brinckerhott Quade and Douglas, Inc. Woodward-Clyde Consultants was selected to provide tunnel design services. Woodward-Clyde Consultants (WCC) will provide preliminary and final design services for the Dougherty Tunnel. In addition, WCC will provide geotechnical engineering services for the downstream trunk sewer and improvements to the Larwin Pumping Station in San Ramon. Design of the trunk sewer and pumping station improvements will be accomplished by another engineering consultant(s) that is currently being selected. JSM RAB ,c. IJiJf Hj G:\VIRGINIA\Dougherty Tunnel Agreement.wpd 9/16/96 DATE January 29, 1998 Page 2 of 2 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH WOODWARD-CLYDE CONSULTANTS TO PROVIDE PREUMINARY AND FINAL DESIGN SERVICES FOR THE DOUGHERTY TUNNEL, DP 5902 Staff and WCC have negotiated a cost-reimbursement agreement for the work with a cost ceiling of $530,000. The project is included in the 1997-98 Capital Improvement Budget starting on page CS-34. The current total project cost estimate for this project is approximately $16.7 million. The cost of planning, design, and construction of the Dougherty Tunnel and Trunk Sewer will be reimbursed by the developers of Dougherty Valley. Project costs will be reimbursed initially by Windemere Ranch Partners. Windemere may receive rebates from other developers as future tributary developments are constructed in the area. The terms and conditions of reimbursement of the project costs will be in accordance with an agreement between Windemere Ranch Partners and the District (see previous agenda item). The environmental impacts of construction and operation of the tunnel and trunk sewer facilities were addressed in Contra Costa County's 1996 Final Subsequent Environmental Impact Report, Windemere - Phase I and Gale Ranch - Phase II (SCH# 96012003). The District's Board of Directors reviewed this Environmental Impact Report (EIR) during its deliberations regarding annexation of the Windemere property in June 1997 and established its independent finding that the EIR adequately addressed wastewater utility service issues, including construction and operation of the tunnel and trunk sewer facilities. RECOMMENDA nON: Authorize the General Manager-Chief Engineer to execute an agreement with Woodward-Clyde Consultants with a cost ceiling of $530,000 to provide tunnel design and geotechnical engineering services for the Dougherty Tunnel Project, DP 5902. G:\VIRGINIA\Dougherty Tunnel Agreement.wpd 9/16/96