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Home My WebLink AboutAGENDA BACKUP 04-16-98 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS April 16, 1998 Page 1 of 2 NO.3. CONSENT CALENDAR a. BOARD MEETING OF DATE TYPE OF ACTION April 8, 1998 APPROVE QUITCLAIM OF SEWER EASEMENTS SUBJECT QUITCLAIM EASEMENT TO LLOYD AND DEBORAH JOHNSON AND RICHARD AND DONNA MADDEN, JOB NO. 730, PARCEL 1 , LAFAYETTE SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT/DIV Engineering Department/Infrastructure Division ISSUE: A portion of an unused sanitary sewer easement can be quitclaimed. BACKGROUND: The property at 42 Knox Drive in Lafayette is being improved. The existing house, which is presently owned by two couples, is being remodeled, the lot is being regraded, and new retaining walls are being installed. One of the new walls conflicts with an existing sanitary sewer main. This particular sewer main ends at 42 Knox Drive. The house which is being remodeled is the only connection to the sewer main. This sewer main has a flat slope and is on scheduled maintenance every six months. The new retaining wall which conflicts with the sewer main is a replacement for an existing retaining wall on one side of the driveway to the existing house. The wall can be moved slightly away from its proposed location, but the wall would still be within the existing sanitary sewer easement. The best solution to this conflict is to reconnect the existing house clear of the new wall and abandon the portion of the existing sewer main upstream of the new house connection. The sanitary sewer easement which is located over the portion of the sewer main which will be abandoned will be quitclaimed. The Quitclaim Deed will be recorded after the sewer work has been completed. Staff has concluded that this project (the proposed quitclaim) is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines Section 18.6 since it involves a minor alteration in land-use limitations. Approval of this quitclaim will establish the Board of Directors' independent finding that this project is exempt from CEOA. RECOMMENDATION: Approve Quitclaim Deed to Lloyd and Deborah Johnson and Richard and Donna Madden, Job 730; authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deed; and authorize the Quitclaim Deed to be recorded. DH INITIATING DEPARTMENT/DIVISION ~~ H:\PP\Quitclaim 730.DH. wpd 9/16/96 l.. .._ KNOX DRIVE #42 t\OUSE ,-~) {-~~..(0 /~c7' \:IS Abandon 8- V C . . . PIpe and Manhole QUITCLAIM EASEMENT JOB 730 LAFAYETTE AREA ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Itl!':':::::':::.::::::::::'::::S:::':::::''TI:':m::::':':'::::I:':'.:::::::::::':::::.':'\(:=:::ill::'::::::':.'::t:':':(':':::::'::::I:':':::::::::II':':::::::':=:::mm:m:m::: BOARD MEETING OF ::::; .......:. :::::: :....;... ;:;: :;:; . ::;::. ::. .:;:;:; .......::. . :: ......::; .:.:.:.:: :', .::;:;:::;:;:;:::;:;:: April 16 1998 :::::::::f:::t::::::::::::::::::::::::::::::\:::::f::::t::::::::j:::::t:::::f:::::::\::::::::\::::::::::\\:::::::::::/:if::::)ff'\:': " Page 1 of 2 NO. 3. CONSENT CALENDAR b. DATE TYPE OF ACTION March 31, 1998 ACCEPT CONTRACT/AUTHORIZE NOTICE OF COMPLETION SUBJ ECT ACCEPT CONTRACT WORK FOR THE OUTFALL IMPROVEMENTS PROJECT, PHASE III, DISTRICT PROJECT 7134, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION SUBMITTED BY Munawar Husain, Associate Engineer INITIATING DEPTiOlV Engineering Department/Plant Engineering Division ISSUE: Construction has been completed on the Outfall Improvements Project, Phase III, District Project 7134, and the work is now ready for acceptance. BACKGROUND: Facilities added under this phase of the project include a new primary effluent pump with associated piping, valves, controls, 450 horsepower motor, variable frequency drive and transformer equipment. The new energy-efficient pump will be used as the full-time pump and provide savings in operating costs. An eighteen-inch standpipe has been added for surge protection of the outfall. Other improvements include a metal stairway, flowmeter additions, curbs and AC pavement work. Details of the project are also included on pages TP-13 through TP-15 of the Fiscal Year 1997-98 Capital Improvement Budget. See Attachment 1 for the location of the work completed under this project. The construction contract was authorized to be awarded to D. W. Nicholson Corporation of Hayward, California, on June 20, 1996. The original contract completion date was September 14, 1997. The contract work was substantially completed on February 5, 1998. Completion has required extra time due to delays in the delivery of primary effluent pump equipment. Ingersoll-Dresser Pumps, the pump equipment vendor, encountered delays in packaging, procuring and shipment of the gear drive, motor, pump and the variable frequency drive. District has the use of the completed facilities at this time. Negotiations are in progress with the contractor to resolve change order and time extension issues. It is appropriate to accept the contract work at this time. The total authorized budget for this project is $2,057,000. An accounting of project costs will be provided to the Board at the time of project close out. RECOMMENDATION: Accept the contract work for the Outfall Improvements Project, Phase III, District Project 7134, and authorize the filing of the Notice of Completion. 'JI. /rk- ~ INITIATING DEPARTMENT,oIVlSlON Mi ASK WEB PED\L:\position\husain\ 7134acce.fin J SECURITY CiUARO PIPE 1UNNEL ::_~- ......: ........... .. a r= () ... \6- ~ lS > ::) ATI o 100 200 I I SCAlE IN FEET OUTF' AU.. STANDPIPE PlANT OPERA liONS BU\lDINC PRIMARY Ef'FLUENT PUMP AREA SWDGE BLEICllNC TAN< w U <( it to. Is :%: ::! PRIMARY SED BASINS AREA WHERE WORK WILL BE PERFORMED Central Contra Costa Sanitary District ATTACHMENT OUTFALL IMPROVEMENTS PROJECT, PHASE III DISTRICT PROJECT 7134 PROJECT LOCATION 1 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ......................................................................... .... :::::.I....::::::::.:S::...:....::qq.I.....':j:j::.I...:::::::::::.rl...::::::::.I..:::::.::~::::::::::::::: BOARD MEEllNG OF ~t:::::~t:~:R~::::::::::::I:::II::::.!I:~t:::it::.:::{t\:::::::::::!I~~~~~~tt April 16,1998 Page 1 of 1 NO. 3. CONSENT CALENDAR c. DATE April 8, 1998 TYPE OF ACTION SET PUBLIC HEARING DATE SUBJECT AUTHORIZE A NOTICE OF A PUBUC HEARING ON MAY 7, 1998, TO CONSIDER ADOPTING A REVISED SCHEDULE OF RATES AND CHARGES SUBMITTED BY Lesley Klein, Engineering Assistant INITIATING DEPTIDIV Engineering Department/Infrastructure Division ISSUE: A public hearing is required prior to adoption of a revised schedule of rates and charges. BACKGROUND: Chapter 6.30 of the District Code describes fees assessed for services provided to contractors, developers, and other users of the District's wastewater collection and treatment system. The fees are intended to reimburse the District for labor and operating expenses incurred in providing the specific service. The fees are reviewed annually, and revisions are made 1) to reflect District annual wage adjustments, 2) as a result of in-depth analysis of some or all fees and charges, or 3) based on a combination of both wage adjustment and in-depth analysis. Based on advice of District Counsel, these fees are not property-related fees; therefore, the procedural requirements of Proposition 218 do not apply. When complete, the proposed revised schedule of rates and charges will be distributed to the Board and, subsequently, to representatives of the Home Builders Association of Northern California, the Engineering and Utilities Contractors' Association, and the Associated Buildings and Contractors Golden Gate Chapter, which provide an opportunity for comments and questions to be directed to District staff prior to the public hearing. RECOMMENDATION: Authorize a notice of public hearing on May 7, 1998, to consider a proposed revised schedule of rates and charges. ~~ H:\SSC\KLEIN\SCHDHEAR. WPD 9/16/96 .dlA Lentral Contra Costa Sanitaty District BOARD OF DIRECTORS 1:1:11111111111111111111111111111:111111111: BOARD MEET~~~I 16, 1998 Page 1 of 1 NO. 3. CONSENT CALENDAR d DATE TYPE OF ACTION April 8, 1998 AUTHORIZE ATTENDANCE AT OUT-OF-STATE MEETING SUBJECT AUTHORIZE THE ATTENDANCE OF THEA VASSALLO, ACCOUNTANT, AT THE MAY 3-7, 1998 HTE ANNUAL USERS GROUP MEETING IN ORLANDO, FLORIDA, AT A COST OF $1,900 SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTIDIV Administrative/Finance & Accounting ISSUE: Specific approval by the Board of Directors is required for travel outside of California or if the expense will exceed $500 if the activity was not included in the fiscal Operations and Maintenance Budget. BACKGROUND: The HTE Users Group meets once a year; enhancements to the HTE family of applications are announced, demonstrated, and discussed; sessions are conducted on how to utilize the applications in a more effective manner; demonstrations of related new products and technologies are conducted; and training sessions are held. HTE also uses the conference to announce the strategic direction of the company, and it is a valuable opportunity to meet directly with the Florida based HTE staff. Last year's meeting was attended by Lucia Watson, our payroll technician, who will be attending this year also. She found it extremely useful both in the day-to-day use of HTE applications and in planning for annual upgrades. Numerous sessions are held throughout the week. At this year's sessions District staff will likely attend Enhancement Sessions conducted by HTE staff on new and planned features for all of the District's HTE applications including Payroll, Accounting, and Purchasing, Breakout Sessions where users network and discuss better ways to utilize HTE applications, Training Sessions, and finally Open Sessions which provide a direct forum with HTE staff to voice concerns and address issues. While Lucia attends the Payroll sessions and training, it is proposed that Thea will attend GMBA (General ledger) sessions. Expenses for Thea were not included in the 1997-98 budget. However, there are sufficient funds available in the Administrative Department's Technical Training, Meeting, and Conference budget to cover the cost of attending this meeting. RECOMMENDAllON: Authorize the out-of-state travel for Thea Vassallo to attend the May 3-7, 1998 HTE Annual Users Group meeting in Orlando, Florida, at a cost of $1,900. DR INITIATING DEPARTMENTIDIII1Sl0N ~/C/ 51 Adin/PosPaper/HTEConf. Wpd ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS .1:11~11::::::I.II!!i!i BOARD MEETA~~I 16, 1998 Page 1 of 1 NO. 3. CONSENT CALENDAR e DATE TYPE OF ACTION April 8, 1998 AUTHORIZE OUT OF STATE TRAVEL SUBJECT AUTHORIZE OUT OF STATE TRAVEL FOR TED BARRY, PROGRAMMER ANALYST, TO CONDUCT INITIAL TEST FOR DISASTER RECOVERY SERVICES AT A COST OF $2,500. SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTIDIV Administration ISSUE: Approval by the Board of Directors is required for travel outside of California or if the expense will exceed $500 and the activity was not included in the current year 0 & M Budget. BACKGROUND: The Central Contra Costa Sanitary District has signed a contract for disaster recovery services with Comdisco for our AS/400 Computer System, which is an item that was budgeted for in the 1997-1 998 Fiscal Year. This contract will enable us to provide continuity to the District functions that rely on our AS/400 Computer System when a disaster occurs, a disaster that can range from our AS/400 Computer System experiencing a prolonged hardware failure to a much larger scale disaster such as a fire or an earthquake. A requirement of this contract is to conduct the very first test at the facility where the backup computer is housed which in our case is Carlstadt, NJ. By conducting the first test at the remote location, we will be working directly with the support staff that would be available to us in case of an actual disaster. The objective of this test is to identify any incompatibility issues, if any, when the configuration of our AS/400 Computer is restored on the AS/400 Computer in Carlstadt. All subsequent tests will be conducted at a facility that is located in San Ramon,CA. To adhere to this requirement we have requested Comdisco to schedule our initial test in June of this year, as our first choice, or July of this year as our second choice. Adequate funds exist in the MIS Technical Training budget to cover the cost of this travel. RECOMMENDATION: Authorize travel to Carlstadt, NJ for Ted Barry, Programmer Analyst, for the purpose of conducting the initial test of our Disaster Recovery Services at a cost of $2,500. INITIATING DEPARTMENTIDIVISION P:\O FFICE\ WPWIN\ TEMPLA TE\A _ BD-MGT\PO SP APER. WPT 3119/98 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ::)(1:':':::::':::'.:::':::::':::::'.::':::::'::::"1':':m::::':':::::I':'::.':::':':::'::::'.':':':\':-=::I.':':.:::::.::..:t.:.:\(.:::::.:::::..:.:::::::::..:.::::::'::'IIt):'BOARDMEETlNGOF .:.:.:.. :':';':', ".: .:.: :.:. .:.:.:. . :.;.;.' .. ';'. .::". .' .;.;.;.;.;.;.:.;. :::::; :::;:::::. .:.:::. ... '.:. : =;=: ;:;: ;. '.:::.',' :;. ::::;: :;:;:{ ..... ": ::;:::::: .:.:.:.:: :;;" ":::;=;=;=;=;:;:;: April 16 1998 :::::::::::::::::::::::::::::::{:::::::::::::::i:::::::::::::::::::::::::::::::::::::::::::::::~:::::::i{:::::::::::::::::::::::}~:~:::::::::::::::::::::::::::::::::::::::}: ., Page 1 of 5 NO. 5. BIDS AND AWARDS a. DATE TYPE OF ACTION April 9, 1998 AUTHORIZE AWARD SUBJECT AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO CAUFORNIA ELECTRIC COMPANY FOR 5kV FEEDER REPLACEMENT PROJECT, DISTRICT PROJECT (DP) 6096 SUBMITTEO BY James L. Belcher, Senior Engineer INITIATING DEPTIDtV Plant Operations/Maintenance Engineering ISSUE: On April 3, 1998, sealed bids were received and opened for construction of the 5kV Feeder Replacement Project, DP 6096. The Board of Directors must authorize the award of the contract or reject bids within 60 days of the bid opening. BACKGROUND: The current phase of this project will replace the electrical cables, which serve the facilities north of the clearwell, which include the back wash pumps and the recycle water pumps. The cables were installed circa 1975. In February of 1998, an insulation failure caused a power outage. Cables of similar material and age have failed at other locations in the Treatment Plant. This project will replace both cables and is a part of an ongoing plantwide program to replace all old cables. Plans and specifications were prepared by Plant Operations Department, and the Purchasing Division prepared the Bid Request. The Engineer's estimate for the construction cost was $175,000. The project was advertised on March 22 and March 27, 1998. Three bids ranging from a low of $118,735 to a high of $179,540, were received and publicly opened on April 3, 1998. A summary of these bids is shown in Attachment 2. The Purchasing Division conducted a commercial evaluation and Plant Operations Department conducted a technical evaluation of these bids, and they have determined that California Electric Company is the lowest responsible bidder with a bid amount of $118,735. The allocation of funds required to complete this project as shown in Attachment 3 is $140,650. The current total estimated project cost is $216,650. this project is included in the Fiscal Year 1997-98 Capital Improvement Budget (CIB) on pages TP 46 through TP 47. Staff has conducted a cash flow evaluation of the Sewer Construction Fund and concluded that adequate funds are available for this project. Jr..t< J S:\POSPAPR\ 1998-99\DP6096PosPpr.wpd DATE April 9, 1998 Page 2 of 5 SUBJECT AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO CALIFORNIA ELECTRIC COMPANY FOR 5kV FEEDER REPlACEMENT PROJECT, DISTRICT PROJECT (DP) 6096 Staff has also concluded that this project is exempt from the California Environmental Quality Act (CECA) under District CECA Guidelines Section 18.2, since it involves repair and maintenance of an existing public facility with no increase in capacity. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CECA. RECOMMENDATION: Authorize award of a construction contract in the amount of $118,735 for the construction of the 5 kV Feeder Replacement Project, DP 6096, to California Electric Company, the lowest responsible bidder. o PROJECT SITE o C '0 a <D 0> o <D -" <D 0> o <D z: Central Contra Costa Sanitary District 5 KV FEEDER REPLACEMENT DISTRICT PROJECT 6096 PROJECT LOCATION ;;; <<> o ., 0> 2! ci:: !t .;, o ATTACHMENT 1 ATTACHMENT 2 Central Contra Costa Sanitary District SUMMARY OF BIDS Project: 5kV FEEDER REPLACEMENT PROJECT DP NO. 6096 Date: April 3. 1998 Location: Martinez. California Engr. Est. $175.000 1 California Electric Company $118,735 P.O. Box 8065 Oakland, CA 94662 2 Tryco Electric $123,860 115 Ryan Industrial Court, No. 107 San Ramon, CA 94583 3 Contra Costa Electric, Incorporated $179,540 P.O. Box 2523 Martinez, CA 94553 Bids Opened by:/s/ Jovce Murphv Date: April 3. 1998 Sheet No. 1 S:\POSPAPR\ 1998-99\DP6096PosPpr. wpd of 1 ATTACHMENT 3 5kV FEEDER REPLACEMENT PROJECT DISTRICT PROJECT NO. 6096 POST-BID/PRECONSTRUCTION ESTIMATE Percent of Estimated Construction ITEM DESCRIPTION Total $ Cost 1 CONSTRUCTION Construction Contract 118,735 Contingency at 1 5 Percent 17,865 Total Construction 136,600 100.00 2 CONSTRUCTION MANAGEMENT 1 0,400 7.61 3 TOTAL CONSTRUCTION PHASE COST 147,000 107.61 4 TOTAL PREBID EXPENDITURES 6,000 4.39 5 TOTAL ESTIMATED COST FOR THIS PHASE 153,000 112.01 6 PRIOR PROJECT WORK 63,000 7 TOTAL ESTIMATED PROJECT COST THROUGH 216,000 CURRENT PHASE 8 FUNDS AUTHORIZED TO DATE 75,000 9 ADDITIONAL ALLOCATION NEEDED TO COMPLETE 141,000 PROJECT S:\POSPAPR\ 1998-99\DP6096PosPpr.wpd --------_._-------~-----~--~---_..~_.._----~--_.~--_._-,._.._--_.,.,----_..~.__..._._..._~_._---~ ~. Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 3 April 16, 1998 NO. 7. ENGINEERING a. BOARD MEETING OF April 9, 1 998 TYPE OF ACTION AUTHORIZE AGREEMENT DATE SUBJECT AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE CITY OF MARTINEZ FOR STREET IMPROVEMENTS AS PART OF THE MARTINEZ EAST SIDE TRUNK SEWER IMPROVEMENTS PROJECT, DP 4950 SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPT/DIV Engineering Department/Infrastructure Division ISSUE: Board of Directors' authorization is required for agreements with other public agencies. BACKGROUND: District staff has recently completed design of the Martinez East Side Trunk Sewer Improvements Project, DP 4950. This project will replace approximately 19,000 feet of existing deteriorated sewers with 17,000 feet of new 24-, 15-, 10-, and 8-inch sewers. Construction of these new sewers will occur primarily on Ferry Street, Escobar Street, Court Street, Pine Street, and Las Juntas Street in downtown Martinez. Construction of the Martinez East Side Trunk Sewer Project is planned to begin in July 1998 and extend for approximately one year. The estimated cost of the sewer improvements is $6,600,000. The City of Martinez (City) is planning to improve a section of Pine Street between Marina Vista and Ward Street in Martinez (see attached map). The street improvements include replacement of curbs, installation of sidewalk ramps, and a pavement overlay. Construction of the street improvement is planned to begin in fall 1998 and is estimated to cost $100,000. Both the City of Martinez' project and the District's Martinez East Side Trunk Sewer Project will occur at approximately the same time. To avoid conflicts between the City and District contractors and to reduce construction impacts, City staff has requested that the City's street improvements be constructed as a joint project with the District's Martinez East Side Trunk Sewer Improvements Project. District staff has negotiated an agreement with the City of Martinez for the joint sewer and street improvements project. The agreement is similar to the recent agreement between the City and District for joint sewer and street improvements along Pacheco Boulevard, except that the roles of the City and District are reversed. Under the proposed agreement, the District will be responsible for project bidding, construction management, and inspection. The City will reimburse the District for construction costs of the street improvements. The City will be responsible for design of the street improvements and will H:\PP\Agreement City of Martinez-Street Imprv.CWS.wpd DATE April 9, 1998 Page 2 of 3 SUBJECT AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE CITY OF MARTINEZ FOR STREET IMPROVEMENTS AS PART OF THE MARTINEZ EAST SIDE TRUNK SEWER IMPROVEMENTS PROJECT, DP 4950 provide design services and material testing during street construction. City approval of the contract documents prior to the advertisement and approval of the lowest, responsible bidder prior to award by the District is required under the proposed agreement. City staff has determined that the proposed street improvements are exempt from CEOA under CEOA Sections 15301 (b) and 15302(c) because the improvements involve alteration or maintenance of existing public facilities with negligible expansion and replacement of existing utility systems (storm drains) involving negligible expansion of capacity. District staff: 1) concurs with the determination of City staff; 2) has concluded that the District's portion of this project is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines, Section 18.3, since it involves replacement of existing public sewage facilities on the same sites as the facilities being replaced with negligible or no expansion of dry-weather capacity; 3) has further concluded that the joint project is exempt from CEOA since no significant cumulative impacts would occur from combining the project elements. Approval of this project will establish the Board of Directors' independent finding that the joint project is exempt from CEOA. The Martinez East Side Trunk Sewer Improvements Project is described on pages CS-40 through CS-42 of the 1997-98 Capital Improvement Budget. RECOMMENDATION: Authorize the President of the Board of Directors and the Secretary of the District to execute an agreement with the City of Martinez for street improvements along Pine Street as part of the Martinez East Side Trunk Sewer Improvements Project, DP 4950. .:!: CITY STREET IMPROVEMENTS LEGEND: EXISTING SEWER PROPOSED SEWE SEWER TO R SEWE BE ABANDONED ABAN~O~~EVDIOUSLY IN PLACE o r---- 600 FE~-.....! ~ :t co 0> 5!! t 0. o Central Contr Sanitary D~ C:osta Istrlct TR~~~T~E~E EASTSIDE DP 4:S:ROJECT FIGURE 1 ,.' AGREEMENT BETWEEN CITY OF MARTINEZ AND CENTRAL CONTRA COSTA SANITARY DISTRICT REGARDING PAVING AND STREET IMPROVEMENTS IN PINE STREET This Agreement dated Apri 1 16 , 199!!, between the City of Martinez and Central Contra Costa Sanitary District regarding paving and street improvements as part of Central Contra Costa Sanitary District's Martinez East Side Trunk Sewer Improvements Project shall become effective when the last party executes it. 1. Parties: The City of Martinez, herein called "City" and the Central Contra Costa Sanitary District, herein called "District." 2. Purpose and Scooe: The City intends to construct paving and street improvements along Pine Street between Marina Vista and Ward Street ("Paving Improvements"). These Paving Improvements are described in the plans and specifications for the City's Pine Street Paving Project. The District proposes to relocate and replace trunk sewers and sewers throughout the eastern area of downtown Martinez, as shown schematically in Attachment 1 incorporated herein by reference ("Trunk Sewer Project"). The Trunk Sewer Project is described in the plans and specifications for the District's Martinez East Side Trunk Sewer Improvement Project, District Project No. 4950. There are advantages to constructing the Paving Improvements and Trunk Sewer Project together. This Agreement outlines the responsibilities and requirements of the City and the District to accomplish design and construction of the Paving Improvements as part H :\DESIGN\SW ANSON\4950PvAg. wpd 1 '" . of the Trunk Sewer Project (hereinafter "Joint Paving Improvements and Trunk Sewer Project" or "Joint Project"). This Agreement does not address construction of the trunk sewer and other sewer improvements, except as collaterally related to the Joint Project. The District shall have full responsibility for all matters related to the construction of the Trunk Sewer Project and other related improvements. The Paving Improvements shall be constructed as part of the District's Martinez East Side Trunk Sewer Improvements Project, District Project No. 4950. 3. Definitions of Sewer and Paving: As used in this Agreement, where the context permits such construction, the term "sewer" shall include all of the trunk sewer lines, sewer lines, manholes, manhole covers, lower lateral sewers, clean-outs, other appurtenances, and trench paving and other restoration described in the contract documents (plans and specifications) prepared for the District's Martinez East Side Trunk Sewer Improvements Project, District Project No. 4950. As used in this Agreement, where the context permits such construction, the term "paving" shall include all of the paving, storm drains and appurtenances, sidewalks, and other road appurtenances described in the contract documents (plans and specifications) prepared for the City's Pine Street Paving Project. 4. Division of Responsibility Regarding Construction a. The City shall perform the design, shop drawing review, and all other related engineering services during construction of all Paving Improvements work. The City's review of the shop drawings shall not be withheld nor unreasonably delayed. H :\DESIGN\SW ANSON\4950PvAg. wpd 2 The District shall perform all tasks related to the Trunk Sewer Project work, public notification, permit acquisition, compliance with the California Environmental Quality Act (CEQA) and other laws related to award of contract, advertisement for bids, and award of contract for the Joint Project pursuant to applicable law, and shall perform all contract and project administration and inspection for the Joint Project. b. The contract documents for the Joint Project shall include provisions requiring the successful bidder to (1) name the City, its directors, officers, employees, contractors, and agents as additional insured on any required general liability and automobile insurance policies, (2) name the City as an additional obligee on all performance and payment bonds posted with the District, and (3) defend, indemnify, and hold harmless the City, its directors, officers, employees, contractors, and agents from liabilities in the same manner as for the District. c. The contract documents shall set forth the Paving Improvements work as a separate bid schedule. The District shall obtain written approval of the contract documents from the City prior to the advertising of the Joint Project, which approval shall not be unreasonably withheld nor delayed. The City shall be given two (2) weeks to review said contract documents. The District shall award the contract for the Joint Project to the lowest responsive, responsible bidder, or reject all bids, pursuant to applicable law. Award of the construction contract will be based on the cost of the Trunk Sewer Project work. The District shall not award the Paving Improvements work bid schedule, however, without the written H:\DESIGN\SW ANSON\4950PvAg. wpd 3 approval of the City. The City shall be given ten (10) calendar days to review the bids, after bid opening. d. The District shall be responsible for the negotiation, preparation, and issuance of change orders. All change orders pertinent to or involving Paving Improvements work shall be reviewed and approved in writing by the City prior to issuance to the contractor. The City's approval shall not be unreasonably withheld nor delayed. 5. Survey and Right of Way: The District will perform construction staking for the Joint Project. 6. Indemnitv: a. The City shall defend, indemnify, save, and hold harmless the District, its directors, officers, agents, and employees from any and all claims, demands, suits, costs, liability, and expenses, including reasonable attorneys' fees, for any damages, injury, sickness or death, including liability for inverse condemnation, nuisance or trespass (collectively "liability") to the extent arising out of the design or shop drawing review of the Paving Improvements and all other related engineering services provided by City during construction for Paving Improvements work, except for liability arising through the sole or active negligence or willful misconduct of the District, its directors, officers, employees, contractors, or agents. H:\DESIGN\SW ANSON\4950PvAg. wpd 4 The District shall defend, indemnify, save, and hold harmless the City, its directors, officers, agents, and employees from any and all claims, demands, suits, costs, liability, and expenses, including reasonable attorneys' fees, for any damages, injury, sickness or death, including liability for inverse condemnation, nuisance or trespass (collectively "liability") to the extent arising out of any of the District's obligations under this Agreement, including, but not limited to, the design and performance of the Trunk Sewer Project, public notification, permit acquisition, compliance with the California Environmental Quality Act (CEQA) and other laws related to advertisements for bids and award of contract for the Joint Project, and contract and project administration for the Joint Project, except for liability arising through the sole or active negligence or willful misconduct of the City, its directors, officers, employees, contractors, or agents. b. Nothing in this Agreement is intended to affect the legal liability of either party by imposing any standard of care different from the standard of care imposed by law. 7. Cost Sharing: The City and the District shall share the cost attributable to the design, project administration, construction, contract administration, and inspection of the Joint Project as outlined below. a. The City shall perform and furnish the design and pay 100 percent of the construction and change order costs of the Paving Improvements, consisting of paving, curbs, sidewalks, and storm drains in Pine Street between Marina Vista and Ward Street. The cost paid by the City shall be based on the actual construction H :\DESIGN\SW ANSON\4950PvAg. wpd 5 contract unit price, and in the case of change orders, the cost as negotiated by the District. The City shall also provide the following services during construction: . review of Paving Improvements construction submittals (shop drawings) . engineering services related to Paving Improvements construction . material testing, if any, related to paving construction b. The District shall pay 100 percent of all construction and change order costs of the Trunk Sewer Project, as well as contract administration, project administration, and inspection costs for the Joint Project. Additionally, costs attributable to public notification, permit acquisition, compliance with CEQA, advertisement for bids, and award of the Joint Project construction contract will be paid for by the District. 8. Pavment: The City shall pay to the District, the costs of the Paving Improvements as set forth in Section 7.a. The City will make progress payments to the District as the construction work proceeds. The District shall forward to the City a copy of the contractor's request for progress payment with a billing showing the City's share of the cost owing to the contractor. The District's billings to the City shall include sufficient documentation to fully support and justify the costs billed. The City shall make its payment to the District for Paving Improvements properly completed within 30 days of receipt of billing. Payment shall not include any allowances for materials not incorporated into such work. H:\DESIGN\SW ANSON\4950PvAg. wpd 6 The final costs to be paid by the City for the Paving Improvements shall be calculated in accordance with Section 7 of this Agreement and on the actual cost of the Paving Improvements. Final payment based upon the actual costs shall be made between the parties in a timely manner. 9. Schedule: The City shall provide biddable plans and specifications for the Paving Improvements by April 8, 1998. 10. Final Acceptance of Contract Construction a. The District shall authorize the final acceptance of the contract work for the Joint Project as complete. The City shall have the right to make such inspections of the Paving Improvements work as would be ordinary and necessary prior to the final acceptance by the District of the contract work as being complete. b. The District shall not authorize final acceptance of the Paving Improvements work in the event the City is unwilling to accept the construction as complete in accordance with the City's standard procedures. The City will not unreasonably withhold nor delay its approval of said Paving Improvements work. .---.:' H :\DESIGN\SW ANSON\4950PvAg. wpd 7 '.. 11 . Maintenance Resoonsibilitv: At the time that the District accepts the contract work for the Joint Project as complete: a. The City is deemed to thereby accept complete maintenance and repair responsibility for the paving as defined herein, subject to the warranty provisions of the construction contract; and, b. The District is deemed to thereby accept complete maintenance and repair responsibility for the sewer as defined herein, except for the lower house lateral sewers, which are the responsibility of the individual property owners, in accordance with the District Code. 12. Accountabilitv: Both parties shall strictly account for all funds directly related to this Agreement and shall report to the other, upon request, on all pertinent receipts and disbursements. 13. Cooperation: The City and District agree to work cooperatively toward the successful completion of the Joint Project. 14. Modification of Agreement: This Agreement shall be subject to modification only by a subsequent written agreement executed by both of the parties. 15. Agreement Exoiration: Except for the provisions of Section 6, which provisions shall survive the expiration of this Agreement, this Agreement shall expire upon the payment of all sums described in Section 8 above. H :\DESIGN\SW ANSON\4950PvAg. wpd 8 '.. 16. Entire Agreement: This Agreement contains the entire understanding of the parties concerning its subject matter. Any representation or promise of the parties relating to the subject matter shall not be enforceable unless it is contained in this Agreement or in a subsequent written agreement executed by the parties. 17. Successors: This Agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. 18. Notices: Any and all notices or documents to be delivered between the parties shall be deemed delivered: (1) upon hand delivery to the address below; (2) upon being sent and received via certified mail to the address below as evidenced by certified mail receipt; (3) upon begin sent via facsimile to the telephone number below as evidenced by facsimile receipt; or (4) five (5) days after being sent via first class mail. Facsimile transmission shall be promptly followed by first class mail. The addresses and facsimile numbers are as follows: TO THE CITY: Mr. Jim Zumwalt City Engineer City of Martinez 525 Henrietta Street Martinez, CA 94553 TO THE DISTRICT: Mr. Curtis Swanson Principal Engineer Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 19. Interoretation: Both parties have had ample opportunity, with the benefit of counsel, to comment upon the contents of this Agreement; therefore the rule that H :\DESIGN\SW ANSON\4950PvAg. wpd 9 ambiguities in contracts are to be construed against the drafter, and any related rules, shall not apply. 20. Termination: Should City substantially breach this Agreement, the District may terminate this Agreement by providing the City with at least fifteen (15) days' advance written notice of termination and of the claimed substantial breach. This Agreement shall then terminate according to such notice unless City cures such claimed substantial breach within the period indicated in the notice, which as stated above shall be at least fifteen (15) days. 21. Attornevs' Fees: In the event either party to this Agreement brings an action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to attorneys' and witnesses' fees, as well as other costs. H:\DESIGN\SW ANSON\4950PvAg. wpd 10 '. . ~ . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by officials which the respective parties covenant have full authority to execute this Agreement. CENTRAL CONTRA COSTA SANITARY DISTRICT CITY OF MARTINEZ Date: t-j-Ib-Cjft +/I1J Date: By: ~ Ct n7e/~1 ames A. Nejedly President, Board of Directors DATE: q.-vrf Date: 1-/lp-9( ATTEST: APPROVED AS TO FORM: Date: APPROVED AS TO FORM: Kenton L. Aim Counsel for the District H :\DESIGN\SW ANSON\4950PvAg. wpd 11 '. .., '" S! '0 o '" '" ... ,,- ~ ... 2 '0 ,,- o '" '" ... ,,- .. .. (; ... ~ Central Contra. Costa Sanitary District ---.,# VISTA ~ --- MATCH LINE ) /l; I o 600 ~-_-.......J FEET .. .. ciO o "" '" 2! ci:: ~ 8 MARTINEZ EASTSIDE TRUNK SEWER PROJECT DP 4950' FIGURE 1 ~ Central Contra Costa Sanitary o.listrict ~ BOARD OF DIRECTORS Page 1 of 6 111111111..,1'1:.111__;\11:111:':'11: BOARD Mm~Gp~1 16, 1998 NO. 11. BUDGET AND FINANCE a. DATE TYPE OF ACTION April 9, 1998 REVIEW SELF-INSURANCE FUND BUDGET FOR FISCAL YEAR 1 998-1999 SUBJ ECT REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE FUND AND APPROVE THE ALLOCATION OF $100,000 TO THE FUND FROM THE 1998-1999 O&M BUDGET SUBMITTED BY Paul Morsen, Director of Administration INITIATING DEPTIDIV Administrative/Risk Management ISSUE: The Self- Insurance Fund (SIF) is to be reviewed each year by the Board of Directors with the staff presenting funding recommendations for the upcoming fiscal year. BACKGROUND: The District has self-insured most of its liability and some of its property risks since July 1, 1986, when the Board approved the establishment of the Self-Insurance Fund. The SIF has effectively funded District losses over its twelve year history and it remains financially sound. In 1994, a new Government Accounting Standards Board Statement No. 10 (GASB-10) set forth requirements on how public agencies must fund their self-insured risks. To assure compliance with GASB-1 0, the District restructured the SIF into three sub-funds. Each of the three (3) sub-funds were established for funding specific risks: . SUB-FUND A: GASB-10 Actuarially-based risks. These include general liability and automobile liability risks. Under the requirements of GASB-10, risks that could be actuarially studied must be funded based on an actuarial study which must be done every two years. General liability and automobile liability are readily studied throughout the insurance and self-insurance world to determine funding levels for these liabilities. The District last obtained an actuarial review of its self-insured general liability and automobile liability in 1996 which projected losses for these risks. The actuarial estimate of $675,000 was designated as Actuarial Reserve for liability of these risks and Sub-Fund A was established to insure these risks based on the District's having a $10,000,000 excess liability policy with a $500,000 self-insured retention. Budget planning for the 1998-1999 fiscal year has resulted in an allocation of $675,000 to Sub-Fund A. . SUB-FUND B: GAS B-1 0 Non-actuarially-based risks. These include employment related and pollution related risks. GASB-10 requires that all potential risks, including employment related and pollution related, be adequately and soundly funded even though these risks are not actuarially reviewed. An actuarial study was not required for these risks since losses for employment related and pollution related risks are often predicted with less accuracy because these types of cases occur infrequently but may result in extremely high costs and losses. With guidance from risk management and insurance REVIEWED AND RECOMMENDED FOR BOARD ACTION S:\ADMIN\POSPAPER\Self Insurance.pp.wpd 9/16/96 _._,_____,_.~..H.~'__._~__,_._._,__..__"_.~___.__.____........--.-. -- "-.,------~-._..._.,..--..._._--~,-_.-------,---------'--.-.."-...,-.-,,--,.----....,,.-.-,..~.-.--..--.--'--.-----.--~_.__._._---"- -...-<., .~."..._-------_.'.-. liiilllillllllililllllllll:,lill:lliliiiiilllllllll::111IIIII11IIII1 DATE April 9, 1998 1 Page 2 of 6 SUBJECT REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE FUND AND APPROVE THE ALLOCATION OF $100,000 TO THE FUND FROM THE 1998-1999 O&M BUDGET specialists, the District established Sub-Fund Bat $2,450,000 to fund employment related and pollution related risks based on the purchase of the above mentioned excess liability insurance policy. A further review by staff indicated that allocating $2,450,000 to Sub-Fund B in fiscal year 1998-1999 is appropriate. . SUB-FUND C: Non-GASB-10 risks. This Sub-Fund covers risk management program insurance premiums, potential losses from uninsurable risks, and the costs of initiating claims and lawsuits against others who have damaged the District. The District established this Sub-Fund to finance non-GASB-10 risks under our risk management program. Specific costs include: insurance premiums for a $10,000,000 excess liability policy; and insurance premiums for insuring District properties for fire, explosion, water damage, etc. for losses above $500,000. This Sub-Fund should be maintained at a level to support these defined costs as well as to cover the required $500,000 property damage self- insured retention and provide adequate funds to replenish Sub-Fund A or B and was initially established at a level above $2,000,000. Sub-Fund C is projected to be at a level of $2,243,512 ending June 30, 1998, and $1,686,012 ending June 30, 1999. Exhibit I (attached) presents a recent financial history and projection of the SIF and shows that the total reserves are projected at $5,368,512 ending June 30, 1998. This is an increase of $665,327 over the total SIF reserves of $4,703,185 at the beginning of the 1997-1998 budget year. During 1997-1998, the District experienced settlements of long term cases. The costs of these cases resulted in major charges against both Sub-Fund A and Sub-Fund B of the SIF and required the transfer of funds out of Sub-Fund C to reestablish the funding requirements of Sub-Fund A. Despite these losses, we were successful in recovering monies from prior insurance coverages to help offset the costs. Since several major lawsuits have been resolved, a more normal loss experience is expected in the upcoming year as reflected in the 1998-1999 budget. The 1998-1999 SIF budget estimates total revenues of $430,000 and total expenses of $987,500, which will bring the projected 1998-1999 total SIF to $4,811,012 on June 30, 1999. The budgeted revenues include a recommended allocation of $100,000 from the 1998-1999 O&M budget to the SIF. The $100,000 allocation would help maintain the SIF at its current funding level as directed and approved by the Board in the 1997-1998 fiscal year budget process. Budgeted revenues do not include any recovery from prior insurance coverages but only interest earned on the fund. In summary, the funding reserves for the SIF, as established by GASB-1 0 is the sum of Sub-Fund A and Sub- Fund B which totals $3,125,000, as well as Sub-Fund C of $1,686,012, to achieve the total SIF of $4,811,012 on June 30, 1999. Therefore, in keeping with the Board's direction last year, staff recommends that $100,000 be allocated from the O&M budget to maintain the SIF at its current level and provide prudent reserves for funding District losses. RECOMMENDATION: Review the financial history and projection for the Self-Insurance Fund and approve the allocation of $100,000 from the 1998-1999 O&M budget. ._--,_.._---,-~-"--_..._->--~._.._,.,,-'------_._._--'---- .-_.--_._~,----_..._--_.~-_.._._..------,.,- _._,._----,----_._---_._...._._~---- Exhibit I CENTRAL CONTRA COSTA SANITARY DISTRICT SELF-INSURANCE FUND (SIF) July 1, 1994, Ending June 30, 1999 Actual Actual Actual Projected Budget 1994-1995 1995-1996 1996-1997 1997-1998 1998-1999 Revenues SIF Allocation from O&M Fund $ 80,000 $ 150,000 $ 0 $ 100,000 $ 100,000 Subrogation Recovery 171,787 266,670 1,055,413 1,344,010 0 Franchise Fee 100,323 188,175 0 0 0 CCCSWA Acme Lit. Payments 0 79,911 319,644 186,459 0 Interest Income 268,219 262,363 258,712 332,662 330,000 Total Gross Revenues $620,329 $947,119 $1,633,769 $1,963,131 $430,000 Less Payment to CCCSWA (586,014) (1) Total Net Revenues $1,377,117 Expenses Claims Adjusting 2,400 7,969 0 0 10,000 Insurance Consulting 7,296 0 0 0 7,500 Loss Payments 18,455 100,827 1,173,325 66,600 175,000 Legal Services 460,830 455,372 476,344 289,822 375,000 Technical Services 1,125 77,438 180,233 39,178 100,000 Insurance Premiums 75,790 273,943 288,895 316,190 320,000 Total Expenses 565,896 915,549 2,118,797 711,790 (2) 987,500 Revenues Over Expenses $54,433 $31,570 ($485,028) $665,327 ($557,500) Reserves Beginning of Year 5,102,210 5,156,643 5,188,213 4,703,185 5,368,512 Revenues Over Expenses 54,433 31,570 (485,028) 665,327 (557,500) End of Year $5,156,643 $5,188,213 $4,703,185 $5,368,512 $4,811,012 Uncommitted Reserves 4,483,158 4,514,728 0 0 0 Actuarial Reserves - GASB 10 (Fund A) 673,485 673,485 675,000 675,000 675,000 Non-Actuarial Reserves - GASB 10 (Fund B) 2,450,000 2,450,000 2,450,000 Non-GASB 10 Reserves (Fund C) 1,578,185 2,243,512 1,686,012 Total Reserves $5,156,643 $5,188,213 $4,703,185 $5,368,512 $4,811,012 Footnote (1): Per Board direction, $586,014 was paid to CCCSWA on 2/27/98, the total amount received from 95-96 forward. Additionally, a payment was also made on 2/27/98 to CCCSWA in the amount of $419,458 to refund surplus funds held in the Acme Legal Impound Fund. Total Payments to CCCSWA were $1,005,472. Footnote (2): Total Expenses Budgeted for 1997-1998 is $882,500 SELF-INSURANCE FUND Projected Actua11997-1998 SUB-FUND A: GASB-I0 ACTUARIALL Y BASED RISKS GENERAL LIABILITY AND AUTOMOBILE LIABILITY __,..__.____._,._,__~___..._____________.~_._,...__._._"_...~__..".__.___.____.._.__._..____.........4_..... ....'_,"__..._.____.__^_._".______.___._.._..~".'.,_m~'."__._..._.._.__._.__.,,____.___..__..__.,_._._ SELF-INSURANCE FUND Projected Actual 1997-1998 SUB-FUND B: GASB-IO NON-ACTUARIALL Y BASED RISKS EMPLOYMENT RELATED AND POLLUTION RISKS Be2innin2 Reserves $2,450,000 ~., -~------,-,-"-,,,-"~'-"--"---~""""'--""_.'-"-----------'-",_.._-------_.,,--~-~-~._~.,-_.__.__._.._---.__..._-------,-----.,.,,-.-----.-.- ._--_._--_._-_..,~-"."-_._-_..,--~..- SELF-INSURANCE FUND Projected Actual 1997-1998 SUB-FUND C: NON GASB-l 0 RISKS RISK MANAGEMENT PROGRAM INSURANCE PREMIUMS AND COSTS OF INITIATING CLAIMS/LA WSUITS AGAINST OTHERS Beginning Reserves $1,578,185 Revenues: O&M Recovery Interest $100,000 313,971 116.600 $530,571 TOTAL REVENUES Expenses Excess Liability $197,990 Property 118,200 Legal 86,570 Technical 13,252 Claims/Insurance Consulting 0 TOTAL EXPENSES $416,012 Revenues over expenses $114,559 Reserves: Transfer from Sub-Fund B $550,768 TOTAL RESERVES PROJECTED 7/1/98 $2,243,512 _....._._.~---~-^_...,~-----_..._.._-_..~-'-----_.....~._._--..----,,----_.._'.,.._--,_.__.~_.. ,_._...~"~..,-_.~-,,-_._-,,-,_.._.._~._.~~.._-"_..__._"",-",--,,--,-~,---,,-,,"-'------'--"--'--"'-'-----..--