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Home My WebLink AboutAGENDA BACKUP 05-21-98 ~ l.,entral Contra Costa Sanitar,y District BOARD OF DIRECTORS ............................................................................................. tr......:::.."'..'.::::::'.':..S.'..:::..'.::J...:m:::...:::::I.......:<:::::..":II....'{.){....I.:::..,'.':?..\r....:::...':Ii..:::::::II....::::..\f:::~:: BOARD MEETING OF ::::::: .:.;.:::. .:::::. ... '.;. '; :::: ::::: . ::::::' .::. :::::: .:.:.{ ....": :.;.::::: :.:.:.:.: :'. ::::::::::::: M 21 1998 :~~::::::::::::~:t:::::::::::~~~~::::::::::;:::it::::/:::}::::::::::::::::i\:<:~~~~::i:::~~~:::{t:::::::::::~t::::::::::::::::::}'::::i:t:::~ a y , Page 1 of 2 NO. 4. CONSENT CALENDAR 9 DATE TYPE OF ACTION May 6, 1998 ACCEPT GRANT OF EASEMENT SUBJECT ACCEPT A GRANT OF EASEMENT FROM WILLIAM C. HERBERT AND ROXANA L. HERBERT FOR A SANITARY SEWER EASEMENT AT 115 RUSSELL DRIVE, WALNUT CREEK, IN CONNECTION WITH THE LAKEWOOD SEWER RENOVATION PROJECT, DP 4805 SUBMITTED BY Ricardo Hernandez, Engineering Assistant INITIATING DEPTIDIV Engineering Dept./Capital Projects Div. ISSUE: Board approval is required to accept Grants of Easements. BACKGROUND: During construction of the Lakewood Sewer Renovation Project, the existing pipeline segment through the subject property had to be moved to a different location (see attached map). Relocation was needed because the existing sewer could not be renovated in its original location. The new sewer is further away from the existing house, closer to the rear property line, and thus in a more desirable location for the owners. The new easement was granted to the District at no charge per an agreement with the owners. The District will in turn quitclaim the surplus portion of the old easement. A Notice of Exemption from the California Environmental Act (CECA) was filed for this project with the Contra Costa County Clerk on December 2, 1994. RECOMMENDATION: Accept the Grant of Easement from William C. Herbert and Roxana L. Herbert and authorize staff to record said Grant of Easement with the Contra Costa County Recorder. RH ~ ltJtb IN[.~EPARTMENTIDIVISlON HT WEB 9/16/96 H :\Design\PP\herbert.rh c: 0> :3 i ? .. .-' '" o a:> .... .-' "0 ~ o -;;; i7> "0 u .-' -. Central Contra Costa ~ Sanitary District ~ a:> '" S!! -g>.- 0< ~~ 0>0 ATTACHMENT LAKEWOOD - X4805 RUSSELL DRIVE / EASEMENT 1 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS :::::::__1l1li1:::::::111111::::::::::::::: BOARD MEEllMNGaOyF 21, 1998 mrm.::::;:;::::::::)f:::r:::::;::::;:;:;::::~::::r:::)rt)~r~:::::t~~::::::d~r\:::;:;:;:;:::::i~:::::}\tf~ Page 1 of 3 NO. 4. CONSENT CALENDAR h. DATE TYPE OF ACTION May 13, 1998 ACCEPT CONTRACT/AUTHORIZE NOTICE OF COMPLETION SUBJECT ACCEPT CONTRACT WORK FOR THE ORINDA CROSSROADS, MORAGA AND LOWER ORINDA PUMPING STATIONS IMPROVEMENTS PROJECT, PHASE II, DISTRICT PROJECT 4898, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION SUBMITTED BY Ronald S. Klimczak, Senior Engineer INITIATING DEPTJDIV Engineering Department/Capital Projects Division ISSUE: Construction has been completed on the Orinda Crossroads, Moraga and Lower Orinda Pumping Stations Improvements Project, Phase II, District Project 4898, and the work is now ready for acceptance. BACKGROUND: The District Pumping Stations Master Plan prepared in 1989 identified a need to renovate the Orinda Crossroads, Lower Orinda and Moraga Pumping Stations. Adequate reliability and pumping capacity were major concerns at these pumping stations, since they are located in East Bay Municipal Utility District (EBMUD) drinking water watershed areas. The pumping stations have been in service for 40 years and lacked reliable pumping capacity and were considered vulnerable in the event of a major earthquake. This Phase II project is part of a long-term program to rehabilitate the District's existing pumping stations, especially those in the East Bay Municipal Utility District's watershed areas. A phased approach is being utilized to spread the capital costs of the improvements proposed in the program over a 1 0 to 1 2 year period providing the ability to meet all regulatory and capacity requirements. The completion of Phase II improvements is the subject of this position paper. The subsequent phases of the program will consist of upgrading the electrical system; replacing the existing dry weather pumps with new, high efficiency pumps; replacing dry weather pump discharge header piping; and other improvements identified as a result of the analysis of the February 12, 1998 flooding incident at the Orinda Crossroads Pumping Station. At both the Orinda Crossroads and Moraga Pumping Stations, the Phase II project included installation of new diesel engines and pumps with new self-sufficient radiator cooling systems, new walled enclosures for each emergency generator and radiator system, replacement of the existing diesel engine- driven pumps, upgrading of instrumentation controls, new sump pumps, significant interior piping modifications, new cranes, and landscaping. The force mains on pumping station property were replaced to address previous force main failures (leaks) at both pumping stations. Seismic bracing of the critical RSK INITIATING DEPARTMENTJDIVISION 1.... 12;~ L:\Position Papers\KLlM CZAK\4898Accept. wpd 4/8/98 DATE May 13, 1998 Page 2 of 3 SUBJECT ACCEPT CONTRACT WORK FOR THE ORINDA CROSSROADS, MORAGA AND LOWER ORINDA PUMPING STATIONS IMPROVEMENT PROJECT, PHASE II, DISTRICT PROJECT 4898, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION mechanical and electrical equipment occurred at all three pumping stations. Extensive seismic strengthening of the Moraga Pumping Station building consisted of major bracing of the roof and walls. A new emergency standby generator system was provided at the Lower Orinda Pumping Station. (See Attachment 1 for project location.) Additional information can be found in the 1997-98 Capital Improvement Budget (CIB) on pages CS-73 through CS-76. The Board of Directors authorized award of a construction contract in the amount of $3,280,000 to Monterey Mechanical Company of Oakland, California, on September 19, 1996. The contractor was issued a Notice to Proceed, effective November 15, 1996, with an original contract completion date of January 13, 1998. The contractor achieved substantial completion of the contract work on March 20, 1998 with the remaining work consisting of punch list items, which do not affect project acceptance. Negotiations are in progress to address time extension issues associated with performing additional contract work as well as the impact of an unusually wet weather season and the Orinda Crossroads Pumping Station flooding incident. It is appropriate to accept the contract work at this time. The total authorized budget for this project is $5,104,000. 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 Orinda Crossroads, Moraga and Lower Orinda Pumping Stations Improvements, Phase II, Project, District Project 4898, and authorize the filing of the Notice of Completion. L: \Position Papers\KLI MCZAK\489 8Accept. wpd 4/8/98 Page 3 of 3 ATTACHMENT 1 ~ -PliI- I MILE CCCSD Area 1. Lower Orinda Pumping Station 2. Orinda Crossroad Pumping Station 3. Moraga Pumping Station Orinda Crossroads, Moraga and Lower Orinda Pumping Stations Project - Phase II District Project 4898 Project Location AlTACHMENT 1 ",_ ..____."_~.___."__"'_ _...~.__._~~.__.___~.nw_.____"__'_'_'__'___"'__'_ ---~.,. ._._._._---~-------_._.~._->-.._.,--_.._....~---_..-._"--,.,--~---._~_.._.-._'--~-'--'_.- ,',. ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF NO. May 21, 1998 4. CONSENT CALENDAR i DATE TYPE OF ACTION May 14, 1998 ACCEPT CONTRACT WORK SUBJECT ACCEPT THE CONTRACT WORK FOR THE RECYCLED WATER CUSTOMER CONNECTIONS PROJECT, DISTRICT PROJECT NO. 7181, IN PLEASANT HILL AND CONCORD, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION SUBMITTED BY Alex Rozul, Associate Engineer INITIATING DEPT/DIV Engineering Department/Capital Projects Division ISSUE: Construction has been completed on the Recycled Water Customer Connections Project (DP 7181) in Pleasant Hill and Concord, and the work is now ready for acceptance. BACKGROUND: The Recycled Water Customer Connections Project in Pleasant Hill and Concord is the first phase of the Recycled Water Program to provide recycled water to landscape irrigation customers. This project includes installation of approximately 5,500 feet of 1Q-inch and 8-inch distribution pipeline along Golf Club Road in Pleasant Hill to provide service to seven customer sites as follows: the Diablo Valley College, Contra Costa Country Club Golf Course, Buchanan Fields Golf Course, Chilpancingo Park, Pleasant Hill Corporation Yard, Frank Salfingere Park, and the Pleasant Hill Community Center. The site locations are shown on Attachment 1. Additional information on the project is given on pages RW-18 through RW-21 of the 1997-98 Capital Improvement Budget. On December 4, 1997, the Board authorized the award of a contract for construction of the project to D. R. Lemings Construction of Walnut Creek. Notice to Proceed was issued on January 12, 1998. The contract work was substantially completed on May 11, 1998. The remaining work consists of minor punch list items that do not affect the project acceptance. Buchanan Field began taking recycled water as of April 17, 1998. The total authorized budget for this project is $1,044,000, including costs of engineering design, District forces, testing services, geotechnical services, contractor services, etc. An accounting of the project costs will be provided to the Board at the time of project close out. It is appropriate to accept the contract work at this time. RECOMMENDATION: Accept the contract work for the construction of the Recycled Water Customer Connections Project (DP 7181) in Pleasant Hill and Concord, and authorize the filing of the Notice of Completion. HT WEB 4/8/98 REVIEWED AND RECOMMENDED FOR BOARD i\ ~ H:\PP\Accept 7181.AVR.wpd ,'....".__...._._....,.___...... ,_. _ __".._..._.__._~___._____.__.....M______ _._.___.____..__._.._ ,- c :3 Q. I . '" ;; V> Q. o E U V> ,- .l:: ATTACHMENT '" o i! RECYCLED 1 ~ ~entral Contra Costa Sanitary District BOARD OF DIRECTORS ::::::::::::::1111'111111::::::1111.::::::::::::::::::::: BOARD MEETlNG OF ~~~~~~~1~1~~~1::::~~tt~::::;:;::::~~~::::;:;::::~~::/t)jt{::::::;::::~~~:::::m::::::~jf~::::jmj\:::fj~::::~::/jjjr:::::;:;:;:;:::::t~:::::~rjjjmmr\ Page 1 of 1 MAY 14, 1998 NO. 4. CONSENT CALENDER j. DATE lYPE OF ACTION ESTABLISH HEARING DATE SUBJECT ESTABLISH JUNE 9,1998, AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON THE DRAFT FISCAL YEAR 1998-99 CAPITAL IMPROVEMENT BUDGET/1998 CAPITAL IMPROVEMENT PLAN SUBMITTED BY John J. Mercurio, Management Analyst INITIATING DEPTIDIV Engineering/Environmental Services JSS.U.E: The District's draft Fiscal Year 1998-99 Capital Improvement Budget/1998 Ten-Year Capital Improvement Plan (CIB/CIP) has been prepared by staff. A date for a public hearing to receive comments on the document should be established. BACKGROUND: The Fiscal Year 1998-99 Capital Improvement Budget will establish near-term project priorities and authorize budgets for the Treatment Plant, Collection System, General Improvements and Recycled Water Programs. Detailed information for projects that are anticipated to be active in Fiscal Year 1998-99 is presented in the Capital Improvement Budget document. The 1998 Ten-Year Capital Improvement Plan will provide the basis for policy decisions concerning the District's Capital Improvement Program and management of the Sewer Construction Fund. The Capital Improvement Plan also serves as the framework for fee analysis. On April 13, 1998, the Board of Directors met with District staff in a workshop session to review the draft Capital Improvement Budget/Capital Improvement Plan. It is appropriate to receive comments in a formal public hearing prior to consideration of the Capital Improvement BudgetlCapitallmprovement Plan for approval. This public hearing has been tentatively scheduled for the Board's regular meeting on June 9, 1998. RECOMMENDATION: Establish June 9, 1998, as the date for a public hearing to receive comments on the draft CIB/CIP. INITIATING DEPARTMENTIDIVISlON H:\DA T A \POSPAPER\0521 PubHear. wpd 4/8/98 _______,~___~__,_...__,,_____._______..__..~._...,,______.~_._._._.._._____.,._,_...__u__,_,__.__________~._ ,'. ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 1 May 21, 1998 NO. 4. CONSENT CALENDER k. BOARD MEETING OF May 7, 1998 TYPE OF ACTION AUTHORIZE ATTENDANCE DATE SUBJECT AUTHORIZE THE ATTENDANCE OF RICARDO HERNANDEZ, ENGINEERING ASSISTANT, AT THE INTERNATIONAL RIGHT OF WAY ASSOCIATION'S ANNUAL EDUCATION SEMINAR IN MINNEAPOLIS, MINNESOTA, FROM JUNE 28 THROUGH JULY 2, 1998, AT A COST OF $1,500 SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPTIDIV Engineering Department/Environmental Services Division ISSUE: Specific approval by the Board of Directors is required for traveling outside of California or if the expense will exceed $500 if the activity was not included in the current year Operations and Maintenance Budget. BACKGROUND: The International Right of Way Association's (IRWA) Annual Education Seminar is being held in Minneapolis, Minnesota, from June 28 through July 2, 1998. The International Right of Way Association is a non-profit professional association with approximately 8,000 members in the United States and Canada. Its membership includes appraisers, acquisition agents, engineers, environmentalists, lawyers, property managers, relocation assistance agents, surveyors, and title experts. This year's education seminar agenda includes many courses that address current District property rights issues. Among these topics are "Outsourcing: Building the Right of Way Team of the Future," "Rebuilding America's Infrastructure," "Utility Deregulation's Impact on Right of Way," "Competitive Utilities in Public Right of Way," "Condemnation/Taking Issues," "Encroachment Litigation," and "Do's & Don'ts of Acquiring Contaminated Properties." Ricardo Hernandez, Engineering Assistant, in the Capital Projects Division (formerly in the Infrastructure Division), has been a member of the IRW A for the past five years. Ricardo has negotiated and acquired many easements for sanitary sewer, recycled water, and construction purposes and is currently managing the acquisition of right of way for the Pleasant Hill Relief Interceptor and the future A-Line Relief Interceptor. This specific conference was not included in the 1997-98 budget. The decision to send Mr. Hernandez to this seminar was made after the budget was prepared and after the agenda for the courses was available. There are sufficient funds in the Infrastructure Division Training, Conference, and Meeting budget to cover the cost of attendance at this conference. RECOMMENDATION: Authorize attendance of Ricardo Hernandez, Engineering Assistant, at the International Right of Way Association's Annual Education Seminar from June 28 through July 2, 1998, in Minneapolis, Minnesota, at a cost of $1,500. cws H :\PP\ Travel-Hernandez. PP. wpd 4/8/98 .." "...__....,_.__"~~..._____"..__.___"'______..."_._"_______._....___."'._~.__._. ,....,.,._.~._~_.__~._____.,.._._,_.'~'_.._'~_._..,_L..__~_._.'M"'_"_____'_ ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS 1:::.IIIIII:::I:I..I:lillill:II:::1 BOARD MEET~;~ 21, 1998 Page 1 of 4 NO. 7. ADMINISTRATIVE a. DATE TYPE OF ACTION May 13,1998 ADOPT RESOLUTION/APPROVE REGULATIONS SUBJECT ADOPT A RESOLUTION REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION ON NOVEMBER 3, 1998, AND ADOPT A RESOLUTION SETTING FORTH DISTRICT REGULATIONS FOR CANDIDATE STATEMENTS SUBMITTED BY Joyce E. Murphy, Secretary of the District INITIATING DEPTIDIV Administrative Department ISSUE: A request for consolidation of the election of District Board Members must be filed with the Board of Supervisors and County Elections Department, and the District regulations relating to candidate statements must be modified or reaffirmed. BACKGROUND: The California Elections Code provides that Special Districts may require that elections of their Board Members be held on the same day as the Statewide General Election. When an election called by a District is consolidated with a Statewide General Election, the District must file a resolution with the Board of Supervisors and County Elections Department requesting such consolidation. A proposed resolution has been prepared and is attached for consideration. The Board of Directors must also reaffirm or modify the District regulations with regard to word limit, payment of costs, and payment of a deposit for candidate statements for the November 3, 1998 District election. A copy of California Elections Code Section 13307, Preparation and Form of Candidate Statement, is attached. Currently, the District regulations require that candidates seeking election to the District Board of Directors be responsible for paying $500 towards the cost of publication of his/her respective candidate statement at the time of filing nomination papers; that the balance be paid by the District after the election costs have been determined; and that the statements be limited to 400 words. Following approval by the Board of Directors, copies of the resolution requesting consolidation of the election and the resolution determining District's regulations for candidate statements will be provided to the Contra Costa County Board of Supervisors and Elections Department. RECOMMENDATION: Adopt the attached resolution requesting consolidation of the election of District Board Members with the Statewide General Election to be held on November 3, 1998; and adopt a resolution setting forth the District's regulations relating to candidate statements. INITIATING DEPARTMENTIDIVISION H:\election.pp.wpd 4/8/98 _...__.__._~---_.,~---------_._-~...-._~.__..,_.,.- "--_._---_.._._'-"'~"--'"--~...,.,_.__.._._-_..,~"-~'-.--"._,_._~.._--_._,--_._~--,-~--_._----_.,..,-_...,._---.,-~--_._---- RESOLUTION NO. 98- RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT REQUESTING CONSOLIDATION OF THE ELECTION OF ITS DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION WHEREAS, Elections Code Sections 23302 et seq. provide that the governing body of all special districts such as the Central Contra Costa Sanitary District may, by resolution, require that elections for its members be held on the same day as the Statewide General Election; and WHEREAS, on May 21, 1998, at a regularly scheduled meeting at which members of the public were given an opportunity to address the issue, the Board of Directors of the Central Contra Costa Sanitary District determined that it would be in the best interest of the District and its citizens to consolidate elections with the Statewide General Election. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District, that the Board does hereby request that the election of District Board Members be consolidated with the Statewide General Election to be held on November 3, 1998; and BE IT FURTHER RESOLVED that the Secretary of the District is hereby authorized and directed to transmit a certified copy of this resolution to the Contra Costa. County Board of Supervisors and to the Elections Department of said County. -_._--~-_._-_._-~"---._----_.--~-_..,,----_._-~-_._._'--~-_..._._------_.. -,-----,,--_.._--_.,~'- Resolution No. 98- Page 2 PASSED AND ADOPTED by the Board of Directors of Central Contra Costa Sanitary District this 21 st day of May, 1998, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Aim District Counsel _____.~_~__,._.,_. ._".._._m______ ,__'~_'_~_'_~'_~_____._'_'~'.'_____'.'_"_''<_'"_'_ ,,-,'~--'."---'-'------'----~"--""._"- 13307. Preparation and fo of candidate statement. (a) Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county or district, may prepare a candidate's statement on an appropriate form provided by the clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words, of the candidate's education and qualifications expressed by the candidate himself or herself. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the office of the clerk when his or her nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the clerk no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 88 days of the primary or first election, the statement shall be filed with the clerk by the third day following the governing body's declaration of the results from the primary or first election. Except as provided for in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period. (b) The clerk shall send to each voter together with the sample ballot, a voter's pamphlet which contains the written statements of each candidate that is prepared pursuant to this section. The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing. The clerk shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation from the list of approved Spanish language translators and interpreters of the superior court of the county or from an institution accredited by the Western Association of Schools and Colleges. (c) The local agency may estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended, and may require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess .paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the elect'on. (d) Nothing in this section shall be deemed to make any such statement or the authors thereof free or exempt from any civil or criminal action or penalty because of any false, slanderous or libelous statements offered for printing or contained in the voter's pamphlet. (e) Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidate's statement sent to each voter. This decision shall not be revoked or modified after the seventh day prior to the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, and mailing shall be provided to each candidate or his or her representative at the time he or she picks up the nomination papers. (f) For purposes of this section, and Section 13310, the board of supervisors shall be deemed the governing body of judicial elections. (Amended by Stats. 1992,cA08, 1.) :udd:ud: 13307 RESOLUTION NO. 98- RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT REQUESTING CONSOLIDATION OF THE ELECTION OF ITS DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION WHEREAS, Elections Code Sections 10402.5 provide that any district election held on an established statewide election date shall be consolidated with the statewide election; and WHEREAS, Elections Code Section 10403 provides that whenever an election called by the governing body of a special district, such as the Central Contra Costa Sanitary District, for an office to be filled which is to appear on the same ballot as that provided for that statewide election, the District shall, by resolution, request consolidation of elections for its members to be held on the same day as the Statewide General Election; and WHEREAS, on May 21, 1998, at a regularly scheduled meeting at which members of the publiC were given an opportunity to address the issue, the Board of Directors of the Cental Contra Costa Sanitary District determined that it would be in the best interest of the District and its citizens to hold its election on a statewide election date, and thereby consolidate elections with the Statewide General Election. NOW, THEREFORE, BE IT RESOLVED by the Board of DireGtors of the Central Contra Costa Sanitary District that the Board does hereby call for the election of District Board Members; and ~..,._"'--,_.-._.._--_._,-_..._-~"._--------------_...-.,,--~-_.-~----~-' ..- Resolution No. 98- Page 2 BE IT FURTHER RESOLVED that the Board does hereby request that the election of District Board Members be consolidated with the Statewide General Election to be held on November 3, 1998; and BE IT FURTHER RESOLVED that the Secretary of the District is hereby authorized and directed to transmit a certified copy of this resolution to the Contra Costa County Board of Supervisors and to the Elections Department of said County. PASSED AND ADOPTED by the Board of Directors of Central Contra Costa Sanitary District this 21 at day of May, 1998 by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: Kenton L. Aim District Counsel Jlopez\H :\Reso\election\con ~,_."._------,--_.--_._._--,~""~-~----_...._,.,.,.._~."..__..,~.,- -"--,,--,-~-,---~,,----"'-_._"'"--"'~'"~~ '-- " ,. ~ ~entral Contra Costa Sanitary District BOARD OF DIRECTORS ::IIIIIIIIIII'III:IIIIII::I::111J111111111:11:11111:1:1:11:1:: BOARD MErnNG OF rtfifif~::::f~rr~::::::::::@:::::::::::~i::jf.:::::l::::~~:::::::::::i1~:::::ii!::::::tij;::::jij1jt:::jjj~f~~:::i::::~tr:::::::::::::::::~~~t:::;f~1~1~i~t111~111f Page 1 of 4 May 14, 1998 NO. 8. ENGINEERING a. DATE TYPE OF ACTION AUTHORIZE AGREEMENT SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH WINDEMERE RANCH PARTNERS AND SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA FOR REIMBURSEMENT OF PlANNING, DESIGN, CONSTRUCTION AND PROPERTY RIGHTS ACQUISITION COSTS FOR THE DOUGHERTY TUNNEL AND TRUNK SEWER PROJECT, DP 5902 SUBMITTED BY Jarred Miyamoto-Mills, Principal Engineer INI11AnNG DEPTIDIV Engineering/Environmental Services 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 planning, design, construction, and property rights acquisition for the project be financed by the developers without financial risk to CCCSD's current or future customers. Other items on today's agenda recommend 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 and sewer design, and right-of-way consultants. Staff has negotiated an agreement with Windemere Ranch Partners (Windemere) and Shapell Industries of Northern California (Shapell) 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 $1,230,000 and for Shapell to provide certain temporary and permanent property rights. A copy of the proposed agreement was distributed to Board members under separate cover. The recommended agreement includes the following terms and conditions: · The District will plan, design, acquire property rights and construct the project. Windemere and Shapell will be regularly informed of project status and their representatives will be included in project team meetings. · The District will use its own staff and qualified consulting firms to carry out the work. The District will administer all payments to consultants. ~ AMJ FlECO FOR BOARD ACTION INI11AnNG DEPARTMENTIDIVISlON ~ KIft JMM KLA H:\DA T A \POSPAPER\0205windmr. wpd 9/16/96 --------'......~._,.._.."~--_..__._-,_.,..,------ ',," -- _'.__'W"'_.___'~~~'_'_'_ n' ..~" ___..______ __....,._."_..,~..___"_..__~~ "."___.._. ._.___......... >_.._ ::::::!~:::fllI111~:~:~::!:~~:::!!!:::l:!!!!!:::!:.:t:!::!:~:::::::!:'::J::1'1111~!lil'l!i~ll!llll!:"li'illi~!lil! DATE May 14, 1998 Page 2 of 4 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH WINDEMERE RANCH PARTNERS AND SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA FOR REIMBURSEMENT OF PlANNING, DESIGN, CONSTRUCTION AND PROPERTY RIGHTS ACQUISITION COSTS FOR THE DOUGHERTY TUNNEL AND TRUNK SEWER PROJECT, DP 5902 · The work products of the planning and design tasks will be the property of the District. · The first developer (windemere, Shapell, or their successors) to require service via the tunnel and trunk sewers will be designated the "Installer." · Windemere will reimburse the District for one hundred percent (100%) of actual planning, design and property acquisition costs unless Shapell becomes the Installer prior to completion of the design phase. In that case, Windemere will pay planning, design and property acquisition costs up to a design cost "cap" of $1,250,000, and Shapell will pay any costs over the cap. · Within 30 days of their receipt of an appropriately detailed invoice, Windemere will reimburse the District $234,698 for planning and predesign work charged to the project through March 31, 1998, (a part of the $1,230,000 total), and will provide a $250,000 security deposit to ensure that the District is fully reimbursed for planning and design costs each month. The security deposit will be cash, surety bond, letter of credit, or securities escrow agreement with terms and conditions acceptable to the District. · Windemere will be billed monthly for project costs charged after March 31, 1998, and will pay within 30 days of their receipt of each invoice. · The agreement allows Windemere and Shapell to apply for reimbursement from other developers or property owners through the District's reimbursement program. The agreement will not prevent Windemere and Shapell from entering into separate cost sharing agreements with other developers or property owners. · Shape" will provide the District with the temporary construction and permanent easements and/or fee title necessary for the tunnel and trunk sewer over the property they own or control. · In exchange for Shapell granting all property rights over its property necessary to construct and operate the project and related District facilities, Windemere will waive reimbursement from Shapell for any planning, design, property rights acquisition or construction costs. · A'ior to the project being advertised for bids, the Installer and the District will negotiate and execute an arrangement for financing the construction of the project which assures that existing or future District customers assume no financial responsibility for the Project. DATE May 14, 1998 Page 3 of 4 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH WINDEMERE RANCH PARTNERS AND SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA FOR REIMBURSEMENT OF PLANNING, DESIGN, CONSTRUCTION AND PROPERTY RIGHTS ACQUISITION COSTS FOR THE DOUGHERTY TUNNEL AND TRUNK SEWER PROJECT, DP 5902 · The District will proceed immediately and diligently with the work. · Windemere and Shapell will review plans for the project at appropriate progress milestones. · The agreement may be terminated by any of the parties, by giving 30 days written notice, if any of the other parties is in breach of the agreement. Windemere will pay all project costs through the date of termination and will not be entitled to any refund of payments, except for the portion of its security deposit not required to satisfy its obligations under the agreement. · The agreement is binding on the assigns and/or successors of Windemere and Shapell should the property be sold or otherwise transferred to a different party. The District's approval is required for assignment of the agreement. · The tunnel and trunk sewer facilities to be built and the real property acquired will be the property of the District. All tributary annexed property will have access to these facilities. · All tributary connections to the public sewer system, including those of Windemere and Shapell, 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 $16,630,000. 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 deliberations regarding annexation of the Windemere property in June 1997, and established its independent finding that the environmental impacts of providing wastewater utility service can be reduced to less-than-significant levels through implementation of the mitigation measures required of the project by Contra Costa County. RECOMMENDAnON: Authorize the General Manager-Chief Engineer to execute the proposed agreement with Windemere Ranch Partners, and Shapell Industries of Northern California for reimbursement of planning, design, property rights acquisition, and construction costs for the Dougherty Tunnel and Trunk Sewer Project, DP 5902. ATTACHMENT 1 PROJECT COST ESTIMATE Page 4 of 4 ITEM ESTIMATED COST $ 234,698 Planning/Engineering Activities to March 31, 1998 Design · Geotechnical EngineeringfTunnel Design Consultant · Trunk Sewer Design Consultant $ 530,000 170,000 · CCCSD Staff Project Management/Design Surveying/Related Public Notification/Community Relations · Utility Locating 75,000 15,000 5,000 25,000 25,302 · Other Direct Costs SUBTOTAL - DESIGN Right of Way · CCCSD Staff $ 845,302 · Right of Way Services Consultant 12,000 35,000 3,000 100,000 · Permits · Easements (Permanent and Temporary) SUBTOTAL - RIGHT OF WAY $ 150,000 TOTAL - PLANNING/DESIGN $ 1,230,000 Construction · Tunnel 9,700,000 3,500,000 800,000 · Trunk Sewer · Construction Management/Engineering SUBTOTAL - CONSTRUCTION $14,000,000 Contingency (10%) $ 1.400.000 GRAND TOTAL $16.630.000 ._--~--'-_.._-_.---"-,._.~---_.__...,---~------~.,'---~-_.________o~_.___.,__..__.___,~.._,._< " 51~ ~ .00 "t )<8~t) ~ e;j bl) (]) ~ e~ ~ e blt gf.;!3 0 ~ .~ ~ Q ~ o (,) ~ ~ .~ ~ ~ ~ ~~o~ , p fo 0 "y ~ e~ 0 '-0 ~ ~ e;j 1 I o ~ (,) ~ S t e 0 ~ ~ 1;) ~ ~ A 0 ~ bh 8 UO ~~ 00 0\ 0\ ~ C'\ ~ ~ ~ ~ -_."---_._--~------_._-,--_._,-~.,._,_."-,-~--- "--- ---- ~----- 00 en ~ >- 'O~ ~ . E:t 'l;C c: '" ~ Q Qj "'- o 1ii ,- .<= 0> " o "0 ,- .<:: Central Contra Costa Sanitary District BOUNDARY OF AREA TRIBUTARY TO TUNNEL AGREEMENT BFnNEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND WINDEMERE RANCH PARTNERS FOR PLANNING, DESIGN AND PROPERTY RIGHTS ACQUISITION FOR THE DOUGHERTY VALLEY TUNNEL AND TRUNK SEWERS EXHIBIT 00 g 1 --'-'--'-~-'---'---"----"-'------_._--'-'-----~'" 0(3 (]) ~ 0 ~ "'C .... (]) .... Q) ~ E 00 ~ ~ Q) ~ (]) "'tj 00 .~ '\j rJ'J. Q) ~ 0 = 0 on .~ u 0 ~ . f ..= . f ~ (]) ~ ~ Q) . .... ~ ~ 8 €~ Q) cd .~ .~ ~ Q) ~= ~ 00 ~ cd Q) OJ) .. ~ <~ 00 0 ~ cd ~ = 8~ "'C ~ (]) Q) c.S 0 "'C E ..... "'C ~V) 00 . cd d 00 (]) ~~ ~ 0 d ~ .~ 0 (]) Q) 00 .~ ~ .~ ~ ~ a e > cd bl) ..= o ~ ~ ~ < ~.,.o r/J. ~ .Uj u~ I I . Cd Q.) ~ Q.) s (]) '\j ~ ~ ~ .~ ~ ~ ~ Q.) s Q.) Q.) ~ bI) < ~ ~ Q.) ~ ..d r./J . . ~ Q) 8 Q) Q) ~ bl) < ~ o r.rJ. ~ Q) 8 Q) ......-4 Q) ~ Q) ~ . ~ u Q) .~ o ~ ~ (1) ~ :9 ~ .~ .~ ::s 00 ~ ~ "'0 a .s ~ ~ ontS .~ ~ ~ "'0 ~ ~ ~ ~ .~ ~ ~ .~ ~ u Q) .~ ~ ~ Q) .~ S Q ~ Q) ~ E5 ~ I I . Q) ~ d ~ 0 .~ .~ ~ ~ g E .~ 00 t S 00 u 00 ~ "'OtS (1) Q) ~ ~ ~ o~ ~~ [)"'O g.a ~ ... Q) ... ;> ~C"\ (l) Q) "'0= ~ cd 00 ~ ~ 00 ~ .5 .... Q) .... ~ Q) ~~ I "'0 (1) ~ .~ ::s · c:rbJ) (l) d ~ .~ 00"'0 .~ "'0 ~ .~ ~..o (1) ~ stS (l) ~ Q) U ~ (l) bJ).~ cd 0 bJ)~ ~ ~ .~ Q) ~~ cd bJ) d d '1"1 .~ 00 ~ .~ o t .~ Q) ~~ 2 cd 1n 0 ~ ~ o ~ u 0 .~ < ~ I Page 4 of 4 ATTACHMENT 1 PROJECT COST ESTIMATE ITEM P1anninglEngineering Activities to March 31, 1998 Design · Geotechnical Engineering/Tunnel Design Consultant · Trunk Sewer Design Consultant · CCCSD Staff ESllMATED COST $ 234,698 $ 530,000 170,000 Project Management/Design Surveying/Related 75,000 15,000 5,000 25,000 25,302 Public Notification/Community Relations · Utility Locating · Other Direct Costs SUBTOTAL - DESIGN $ 845,302 Right of Way · CCCSD Staff 12,000 35,000 3,000 100,000 · Right of Way Services Consultant · Permits · Easements (Permanent and Temporary) SUBTOTAL - RIGHT OF WAY $ 150,000 TOTAL - PLANNING/DESIGN $ 1,230,000 Construction · Tunnel 9,700,000 3,500,000 800,000 · Trunk Sewer · Construction Management/Engineering SUBTOTAL - CONSTRUCTION $14,000,000 Contingency (10%) $ 1.400.000 GRAND TOTAL $16.630.000 ._----'-~-'~._---------~_._---._------"'--_._-.._._--,.'^' Central Contra Costa Sanitary District May 15,1998 TO: THE HONORABLE BOARD OF DIRECTORS FROM: JARRED MIYAMOTQ.MILLS ~ v,1'l6 SUBJECT: PROPOSED AGREEMENT BETWEEN CCCSD, WINDEMERE AND SHAPELL FOR PLANNING, DESIGN, PROPERTY RIGHTS ACQUISITION AND CONSTRUCTION OF THE DOUGHERTY VALLEY TUNNEL AND TRUNK SEWERS I have attached a copy of the subject proposed Agreement, which is calendared for your consideration at the May 21, 1998, Board meeting. The provisions of the Agreement are summarized in the Position Paper in the agenda packet. The principal difference between this proposed Agreement and the one considered by the Board on February 5, 1998, is the addition of Shapell as a party to the Agreement. Provisions have been included in the document to cover each "what if' situation of Windemere, Shapell or any successor( s) being the first developer to require sewer service. If you have questions regarding the Agreement prior to the Board meeting, please call me at 229-7335. JM2:mbs Attachment cc: K. Aim C. Batts R. Dolan J. McCoy J. Murphy 05113/98 P:\PUBLlC\LEAVITTIDV\DV-AGR11.WPD VERSION 11, FINAL DRAFT FOR CONSIDERATION BY THE CCCSD BOARD OF DIRECTORS AT THEIR REGULAR MEETING, MAY 21, 1998. AGREEMENT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT, WINDEMERE RANCH PARTNERS, AND SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA FOR PLANNING, DESIGN, PROPERTY RIGHTS ACQUISITION AND CONSTRUCTION OF THE DOUGHERTY VALLEY TUNNEL AND TRUNK SEWERS This Agreement made and entered into this day of , 1998, by and between CENTRAL CONTRA COSTA SANITARY DISTRICT, a California special district, hereinafter called "CCCSD;" and WINDEMERE RANCH PARTNERS, a California limited partnership, hereinafter called "WRP," and Shapell Industries of Northern California, a California corporation and a Division of Shapelllndustries, Inc., a Delaware corporation, hereinafter called "Shapel!." WITNESSETH: A. WHEREAS, WRP and Shapell each plan to construct major residential and commercial development projects in the south central Contra Costa County area known as Dougherty Valley; and B. WHEREAS, WRP's property in Dougherty Valley has been annexed to CCCSD for wastewater utility service and Shapell's property in Dougherty Valley is within CCCSD's Sphere of Influence; and C. WHEREAS, CCCSD is responsible for determining the route and design capacity of wastewater facilities serving property within its boundaries; and D. 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 (the "Plan"), and determined that construction of a new gravity tunnel and Page 1 of 14 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, the Shapell development project, and other nearby developments can be connected to the CCCSD wastewater collection system, considering technical, environmental, and financial issues; and E. 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 and Shapell development projects which was certified by the county Board of Supervisors on November 19,1996; and F. WHEREAS, CCCSD policy requires that the initial developer be financially responsible for the planning, design, and construction of on-site and off-site public wastewater facilities (induding the tunnel and trunk sewer) necessary to connect the development project, and other tributary properties to an appropriate, existing facility within CCCSD's wastewater collection system; and G. 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 H. WHEREAS, property rights for construction, operation, and maintenance of the tunnel and trunk sewers, including both temporary construction and permanent property rights, must be acquired by CCCSD from other land owners including, but not limited to, Shapell, Pacific Gas and Electric Company, and East Bay Municipal Utility District; and I. WHEREAS, the proposed route for the sewer tunnel crosses Shapell's property; and J. WHEREAS, the tunnel and trunk sewer facilities required to provide wastewater utility service for the WRP, Shapell, and other nearby developments include those facilities between and including the east portal of the tunnel and the proposed trunk sewerlwet well junction structure at the District's Larwin Pumping Station in San Ramon, known as the Dougherty Valley Tunnel and Trunk Sewer -- District Project No. 5902 (the Page 2 of 14 "Project"), and the trunk sewer (induding a bridge or culvert and roadway embankment crossing Alamo Creek) between the east portal of the tunnel and the WRP property (the "Trunk Sewer Connection"), as generally shown and described in the Plan; and K. WHEREAS, Shapell anticipates that it will seek wastewater utility service through CCCSD for its Dougherty Valley development, and the Project is planned with the intent and capacity to serve Shapell's development if Shapell's property is annexed to CCCSD; and L. WHEREAS, WRP and Shapell have reached an agreement concerning the allocation of costs as between the two developers for the Project and concerning the property rights across Shapell's property required for the Project. NOW, THEREFORE, CCCSD, WRP, and Shapell agree that the Project and Trunk Sewer Connection shall be the means by which CCCSD wastewater utility service is extended to the Dougherty Valley (induding the developments of WRP, Shapell, and others tributary to Project facilities), and that this Agreement states responsibilities and activities regarding the Project and Trunk Sewer Connection to be undertaken by CCCSD, WRP, and Shapell, all as set forth herein. 1. The first entity, as between WRP and Shapell (induding successors and assigns), to require wastewater utility service via the Project for development of any portion of the currently undeveloped Dougherty Valley property shall be designated the "Installer." 2. CCCSD shall plan, design, acquire property rights for, and construct the Project to ensure the reliability of the facilities. If WRP is the Installer, it shall design and construct the Trunk Sewer Connection to meet CCCSD's requirements and specifications. If Shapell is the Installer, Shapell shall design and construct the portion of the Trunk Sewer Connection required for wastewater utility service to its currently undeveloped Dougherty Valley property, and WRP shall design and construct that portion of the Trunk Sewer Connection which has not yet been designed and constructed when WRP requires wastewater utility service for its currently undeveloped Dougherty Valley property. 3. CCCSD will assign a Project Manager and other appropriate staff to provide daily direction, administration, and review of the planning, design and property rights Page 3 of 14 acquisition work. CCCSD staff will keep WRP and Shapell informed of Project status and implementation. Additionally, CCCSD will invite representatives of WRP and Shapell to Project team meetings. At appropriate stages of the design process, CCCSD will submit to WRP and Shapell draft plans showing the proposed horizontal and vertical alignments of Project facilities and design details. At each such stage, WRP and Shapell will review and confirm, in writing within 14 days of receipt, that the Project facilities will be adequate to provide gravity wastewater utility service to their development projects. Shapell also shall have the right to review all design and construction plans for the portion of the Project to be built on Shapell's property to confirm the plans minimize damage to Shapell's property and interference with Shapell's intended development both during and after construction; provided that Shapell's review shall be subject to the recognition that Shapell has already approved the general configuration and general location of the Project as described in the Plan. Such confirmation shall not be unreasonably withheld. 4. CCCSD may use its own staff or contrad with qualified engineering and consulting firms for design of the tunnel and trunk sewer and for property rights acquisition services. CCCSD staff has recommended to the CCCSD Board of Directors that Woodward Clyde Consultants be selected to design the tunnel pprtion of the Project, Brown and Caldwell Engineers be selected to design the trunk sewer portion of the Project, and Universal Field Services be selected as consultant for property rights acquisition. CCCSD will administer payments to consultant(s). 5. All rights, title, royalties, and interest to all work products 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. However, nothing in this Agreement shall preclude CCCSD, at its sole discretion, from entering into a separate agreement with the Installer to allow for construction of the Project, or portions of the Project, by the Installer. Under such an agreement, CCCSD would provide for the Installer's use of all such work products as are necessary for completion of the Project. CCCSD acknowledges that the Installer shall not be precluded from bidding to perform such work, if the Installer is properly Page 4 of 14 licensed and otherwise qualified pursuant to appropriate provisions of the California Public Contracts Code and the bid specifications. 6. As presented in Exhibit 2, incorporated herein by reference, the Project cost estimate for planning, design and property rights acquisition is $1,230,000. WRP will reimburse CCCSD for one hundred percent (100%) of the actual cost of the planning and design work, and property rights acquisition (the "Planning and Design Cosr) incurred by CCCSD, pursuant to a work plan and budget approved in writing by WRP, which approval shall not be unreasonably withheld or delayed. If Shapell becomes the Installer, WRP will remain responsible to pay the Planning and Design Cost up to an amount not to exceed $1,250,000 (the "Design Cap"), and Shapell shall reimburse WRP for any Planning and Design Cost in excess of the Design Cap which WRP has previously paid to CCCSD. Further, if Shapell becomes the Installer, Shapell shall be responsible to pay for any Planning and Design Cost in excess of the Design Cap. CCCSD will manage the Project prudently and will promptly inform the Installer of changes to the work plan and budget. The Installer shall have the right to approve any such changes, which approval shall be conveyed in writing and shall not be unreasonably withheld or delayed. 7. Within 30 days of the date of this Agreement, WRP shall deliver to CCCSD a security deposit in the amount of $250,000 to ensure that CCCSD is fully reimbursed each month for the Planning and Design Cost incurred under this Agreement, and thereby assure that CCCSD's customers assume no financial responsibility for the Project. WRP may elect to provide either a payment bond, irrevocable letter of credit, escrow agreement, or a cash deposit as the security deposit. Any alternative security deposit in lieu of cash shall be in a form reasonably acceptable to CCCSD. In addition, within 30 days of its receipt of an appropriately detailed invoice from CCCSD, WRP shall pay to CCCSD, $234,698 in cash or by check for reimbursement of CCCSD's costs of planning, design, and property rights acquisition work charged to the Project through March 31, 1998, which amount is a portion of the $1,230,000 estimate of Planning and Design Cost. Page 5 of 14 8. Beginning June 1, 1998, and monthly thereafter until the completion of the work covered under this Agreement, CCCSD will bill WRP for the cost of work charged to the Project after March 31, 1998, which has not previously been paid by WRP. WRP shall remit payment on each invoice within 30 days of its receipt of the invoice. If, prior to completion of planning and design for the Project, Shapell becomes the Installer, CCCSD will invoice Shapell directly for any Planning and Design Cost in excess of the Design Cap which has not previously been paid by WRP or Shapell, which invoices Shapell shall pay within 30 days of its receipt of each invoice. 9. Except as specifically addressed in this Agreement, the party paying such costs shall be entitled to apply for reimbursement of the Planning and Design Cost, and construction costs that the Installer is obligated to pay under any subsequent agreement(s), from other developers or property owners whose properties also would be served by the Project and the Trunk Sewer Connection through application of CCCSD's established provisions for reimbursements pursuant to CCCSD Code, Chapter 6.20 Reimbursement Fees, or other District reimbursement policies, or applicable provisions of California law, not inconsistent with CCCSD's reimbursement policies. However, nothing herein will prevent the Installer from entering into separate agreements among the other developers or property owners which may waive or reallocate rebates or reimbursements. 10. If WRP is the Installer, Shapell agrees to dedicate to CCCSD, at no cost to CCCSD or to WRP except as specified in this Agreement, all permanent and temporary property rights over its property necessary for design, construction, and future operation of the Project and the Trunk Sewer Connection, subject to Shapell's review and reasonable right of approval as to the extent of such property rights and the horizontal and vertical alignments of Project and Trunk Sewer Connection facilities as set forth in Paragraph 3 above. The property rights shall be dedicated when and as required by CCCSD for Project and Trunk Sewer Connection development and operation, so long as the dedication of property rights by Shapell hereunder doses prior to or simultaneously with CCCSD receiving irrevocable deposits or other satisfactory commitments of funds adequate for construction of the Project and Trunk Sewer Connection. All property rights shall be subject to CCCSD's duty to use them in a prudent and reasonable manner so as to minimize injury to Shapell's property and any improvements thereon and to minimize the extent and duration of disruption and inconvenience suffered by Shapell or the occupants of Shapell's property. If WRP is the Installer, WRP shall pay, Page 6 of 14 subject to reimbursement (except from Shapell) and other provisions of this Agreement, the cost of the Project and the Trunk Sewer Connection, and none of such costs (including the Planning and Design Cost) will be payable by Shapell or any successor for either Shapell's Dougherty Valley property or Wendt Ranch property. 11. If Shape II is the Installer, then Shapell shall initially incur the construction-related cost of the Project and that portion of the Trunk Sewer Connection required for wastewater utility service to its currently undeveloped Dougherty Valley property, and will be entitled to reimbursement from WRP for 53 percent of all of Shapell's construction-related costs of the Project and the Trunk Sewer Connection (but not the Planning and Design Cost). Such reimbursement shall be paid on a per unit basis. The per unit reimbursement will initially be calculated by spreading the reimbursement over 3,995 WRP units; provided, if at any time WRP or its successor(s) is entitled to construct units in excess of 3,995 units, the per unit reimbursement will be recalculated based on such greater number of units. Such per unit reimbursement, as initially calculated or subsequently recalculated, is hereinafter called the "WRP/Shapell Reimbursement." If Shapell is the Installer, it will be entitled to apply for reimbursement from WRP under CCCSD's applicable reimbursement regulations for its costs of the Project and the Trunk Sewer Connection which are eligible for reimbursement under such reimbursement regulations, which reimbursement shall be collected and administered by CCCSD pursuant to its applicable reimbursement regulations in effect from time to time; provided, no modification or termination of CCCSD's reimbursement regulations or other failure by CCCSD to collect reimbursement owed Shapell by WRP shall negate or alter WRP's obligation to reimburse Shapell the full amount of the WRP/Shapell Reimbursement specified in this Paragraph. In the event that the amount of the CCCSD per unit reimbursement fee adopted by the CCCSD Board of Directors is less than the amount of the WRP/Shapell Reimbursement specified above, or CCCSD ceases to collect reimbursement fees from WRP, whether because the time limit for such reimbursement collection specified in CCCSD's regulations has expired, CCCSD no longer administers reimbursement collection, or for any other reason, then reimbursement of any difference between CCCSD's applicable per unit reimbursement fee and the WRP/Shapell Reimbursement specified above shall be payable by WRP or its Page 7 of 14 successor(s) to Shapell on a per unit basis at the time a building permit is obtained for each unit, and shall be paid directly to Shapel!. Nothing in this Paragraph shall preclude Shapell or WRP from seeking reimbursement from other developers or property owners for their share of Shapell's or WRP's costs, as stated in Paragraph 9, and WRP acknowledges that the terms of this Agreement may result in WRP's per unit reimbursement amount differing from that of other contributors under CCCSD's regulations, which difference WRP agrees is justified under the circumstances. Shapell shall not be entitled to any reimbursement from WRP for the value of any permanent or temporary property rights over Shapell's property necessary for the Project or the Trunk Sewer Connection, and in return WRP agrees that it shall not receive any share of the reimbursements Shapell may receive from other developers or property owners. 12. In the event that CCCSD determines that the route for the Project and/or the Trunk Sewer Connection across Shapell's property as shown in the Plan is not feasible, or for any other reason CCCSD desires to construct the Project and/or the Trunk Sewer Connection along another alignment across Shapell's property, this Agreement shall remain in full force and effect subject to Shapell's reasonable right of approval as to that alternative alignment. 13. Nothing in this Agreement shall be interpreted as a commitment by Shapell to apply for annexation of any of its property to CCCSD or to annex to CCCSD. Nothing in this Agreement shall be interpreted as a commitment by CCCSD to approve such annexation in contravention of CCCSD's ordinances, regulations, or statutory obligations regarding consideration of annexation applications. 14. The parties hereto agree that prior to CCCSD's advertisement soliciting bids for construction of the Project, CCCSD and the Installer shall negotiate and, subject to a reasonable right of review by WRP or Shapell (whichever is not the Installer) for protection of its rights under this Agreement, execute a financing arrangement for construction of the Project such that current and future CCCSD customers and Shapell and its successors will have no financial responsibility for the cost of the Project except as contemplated in this Agreement. Ownership of Project facilities shall vest in CCCSD which will be responsible for operation and maintenance of such facilities. Page 8 of 14 15. In the event that the Project does not proceed to the construction phase as a result of failure of the parties to negotiate and execute a financing arrangement, CCCSD shall have no obligation to refund any Planning and Design Costs to WRP or Shapel!. However, if the Project is not built for any reason, CCCSD shall quitclaim to Shapell any property rights over Shapell's property previously conveyed to CCCSD for the Project or the Trunk Sewer Connection, and shall refund to WRP or Shapell, as appropriate, any monies derived from the disposition of other property rights obtained by CCCSD for the Project or Trunk Sewer Connection, and the portion of WRP's security deposit not required to satisfy Planning and Design Costs for which payment may become due under this Agreement. 16. Nothing in this Agreement, including either payments made to CCCSD by WRP, or contribution of property rights by Shapell to CCCSD under this Agreement shall alter the obligations of WRP and Shapell to comply with the requirements of CCCSD's Code, policies, ordinances, rules and regulations, and to pay all applicable fees and charges for plan review, annexation, pennitting, inspection, capacity, pumping, sewer service, or other purpose, as become due under current or future CCCSD policies, ordinances, rules and regulations, except regarding the allocation of Project and Trunk Sewer Connection costs as between WRP and Shapell pursuant to this Agreement. 17. The parties hereto agree that time is of the essence in completing the work identified in this Agreement and to immediately proceed diligently 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 and Shapell with written notification of any modifications to the Project schedule consequent to the perfonnance of the planning, design, and property rights acquisition work under this Agreement. 18. Any failure by a party to perfonn any tenn or provision of this Agreement, which failure continues uncured for a period of 30 days following written notice of such failure from the party to whom performance is due (unless such period is extended by written mutual consent), shall constitute a default under this Agreement. Any notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and, where appropriate, the manner in which such alleged failure may satisfactorily be cured. Upon receipt of any notice of default, the parties to this Agreement shall immediately meet and confer in order to make a good faith effort to allow for any default to be cured prior Page 9 of 14 to the expiration of the cure period. Except in the event of failure to pay money when due under the terms of this Agreement, if the nature of the alleged failure is such that it cannot reasonably be cured within such 30-clay period, then commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within such 3O-clay period. If the alleged failure is cured, then no default shall exist and the noticing party shall take no further action. If the alleged failure is not cured, then a default shall exist under this Agreement and the non-defaulting party may exercise any of the remedies available to it under law or equity, which remedies the parties acknowledge shall include a right to terminate this Agreement. The provision of notice and opportunity to cure shall be a prerequisite to the enforcement or correction of any default. Upon termination, CCCSD shall receive from WRP or Shapell, as the case may be, 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 and/or Shapell, as the case may be, will not be entitled to any refund of payments made to CCCSD if termination occurs, except for the portion of WRP's security deposit not required to satisfy WRP's obligations under this Agreement. 19. 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 or parties, 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. Page 10 of 14 20. All notices to any of the parties by another party shall be made in writing and delivered or mailed to such party/parties at their respective addresses as follows, or to other such address as the parties 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: Jarred Miyamoto-Mills, Principal Engineer To WRP: Windemere Ranch Partners c/o Chapman & Wilson, Inc. 1350 Treat Blvd., Suite 560 Walnut Creek, CA 94596 Attention: Allan Chapman and Dan Coleman To Shapell: Shapelllndustries of Northern California P.O. Box 361169 100 No. Milpitas Boulevard Milpitas, CA 95035 Attention: Dan Hancock 21. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties to be bound by the alteration or variation. 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 11 of 14 22. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other parties, or the failure by a party to exercise its rights upon the default of the other parties, shall not constitute a waiver of the party's right to insist and demand strict compliance thereafter by the other parties with the terms of the Agreement. 23. The benefits and burdens of this Agreement shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto to WRP's property in the Dougherty Valley (with respect to WRP) or to Shapell's property in the Dougherty Valley or Wendt Ranch (with respect to Shapell), whether as a result of voluntary or involuntary assignment or actions. This Agreement may not be voluntarily assigned by WRP or Shapell without the prior written consent of CCCSD, which consent shall not be unreasonably withheld or conditioned. Additionally, WRP or Shapell, as the case may be, shall provide evidence to the other that such party's assignee has been informed of the obligations under this Agreement. In connection with any such voluntary assignment for which the consent of CCCSD is required, CCCSD may reasonably condition its consent upon the provision of adequate financial guarantees by the proposed assignee and upon any other factor which CCCSD reasonably deems relevant under the circumstances. As a condition of CCCSD's approval of any proposed assignment of this Agreement the assignor or proposed assignee shall pay to CCCSD prior to the effective date of the assignment all amounts then actually 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 at any party's discretion. 24. Each party agrees in good faith to perform as set forth herein. 25. The parties by entering into this Agreement do not intend to create any agency, partnership, joint venture, trust or other relationship with duties or incidents different from those of parties to an arm's-length contract. 26. In accordance with the requirements of Weyerhauser Windemere Partners, WRP's limited partner, concurrently with the execution of this Agreement CCCSD and Shapell are executing an Acknowledgment of Limited Partner Status in the form attached hereto as Exhibit 4. Page 12 of 14 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 Roger J. Dolan General Manager/Chief Engineer Approved as to form: 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 13 of 14 ^.--.-"-----~-,~-.-,. '_"-__""'_'_"'_'__'_~~'__""'W__~_'_'__'~'.m_"~~.-.-.,-",..----_..___._..______...,..___,._...,_._.._~"~_._._..."'".,_.__,_~____.________,_____,_+__,~_........_..,____._,_.._".,__._"'_~..__,,______~_.__.____.~_._._."__.._......._, .~.....,_..___"'____~___...~_____"_+._....h SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA, a California corporation and a Division of Shapelllndustries, Inc., a Delaware corporation By: Daniel W. Hancock President ACKNOWLEDGMENTS OF SIGNATURES Page 14 of 14 EXHIBIT 3 TENTATIVE PROJECT SCHEDULE ACTIVITY COMPLETION DATE Begin Design June, 1998 Complete Design and Construction Documents March, 1999 Award Construction Contract(s) June, 1999 Complete Construction June, 2000 EXHIBIT 4 ACKNOWLEDGEMENT OF LIMITED PARTNER'S STATUS The undersigned is entering into a contractual relationship with Windemere Ranch Partners, a California limited partnership (the "Partnership"), of which Windemere General Partners, a California general partnership (the "General Partner"), is the general partner and Weyerhaeuser Windemere Partners, a California limited partnership (the "Limited Partner"), is the limited partner. The undersigned acknowledges that any claim which it may have against the Partnership, however arising, may only be brought against the assets of the Partnership and the General Partner and cannot be brought against the Limited Partner, because it is a limited partner, or any of the partners of the Limited Partner. Accordingly, the undersigned agrees not to bring any claim or otherwise proceed against the Limited Partner or any of its partners with respect to any matter relating to the Partnership. The undersigned acknowledges that the General Partner, on behalf of the Partnership, is obligated to obtain this Acknowledgement from each party with whom the Partnership enters into a substantial contractual relationship and that this Acknowledgement is a material condition of such relationship. CENTRAL CONTRA COST A SANITARY DISTRICT Roger 1. Dolan General Manager and Chief Engineer Date: SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA, a California corporation and Division ofShapell Industries, Inc., a Delaware corporation Daniel W. Hancock President Date: ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF NO. May 21, 1998 8. ENGINEERING b. May 8, 1998 TYPE OF ACTION AUTHORIZE AGREEMENT DATE SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH WOODWARD-CLYDE CONSULTANTS TO PROVIDE PRELIMINARY AND FINAL DESIGN SERVICES FOR THE TUNNEL PORTION OF THE DOUGHERTY TUNNEL AND TRUNK SEWER PROJECT, DP 5902 SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPT/DIV Engineering/Environmental Services 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 sent to four engineering firms specializing in tunnel design and geotechnical engineering. Three proposals were received which included all four firms. 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 proposals were from Woodward-Clyde Consultants, Jacobs Associates, and Parsons Brinckerhoff Quade and Douglas, Inc, with Haley and Aldrich. The review panel recommends that Woodward-Clyde Consultants be selected to provide tunnel design services. Woodward-Clyde Consultants will provide preliminary and final design services for the Dougherty Tunnel. In addition, Woodward-Clyde 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). (See following agenda item.) INITIATING DEPARTMEN VIS /II{ CWS JSM H:\PP\Dougherty Tunnel Agreement.wpd 9/16/96 DATE May 8, 1998 Page 2 of 2 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH WOODWARD-CLYDE CONSULTANTS TO PROVIDE PRELIMINARY AND FINAL DESIGN SERVICES FOR THE TUNNEL PORTION OF THE DOUGHERTY TUNNEL AND TRUNK SEWER PROJECT, DP 5902 Staff and Woodward-Clyde have negotiated a cost-reimbursement agreement for the work with a cost ceiling of $530,000. The tunnel and trunk sewer project is included in the 1997-98 Capital Improvement Budget starting on page CS-34. The current total project cost estimate for both project elements is approximately $16.6 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 environmental impacts of providing wastewater utility service can be reduced to less than significant levels through implementation of the mitigation measures required of the project by Contra Costa County. RECOMMENDATION: 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. H:\PP\Dougherty Tunnel Agreement.wpd 9/16/96 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF May 21, 1998 NO. 8. ENGINEERING c. DATE TYPE OF ACTION May 13,1998 AUTHORIZE AGREEMENT SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BROWN AND CALDWELL TO PROVIDE PRELIMINARY AND FINAL DESIGN SERVICES FOR THE TRUNK SEWER PORTION OF THE DOUGHERTY TUNNEL AND TRUNK SEWER PROJECT, DP 5902 SUBMITTED BY Andrew J. Antkowiak, Associate Engineer INITIATING DEPT/DIV Engineering Department/Capital Projects Division ISSUE: Board of Directors' authorization is required for the General Manager-Chief Engineer to execute professional seNice 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 SeNice 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 seNice 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 trunk sewer and pumping station improvements because of the size and time schedule of the projects. A Request for Proposal (RFP) was distributed to eight engineering firms. Four firms submitted written proposals. The proposals were reviewed, and the project teams were inteNiewed by a panel consisting of District engineering staff and Mr. Robert Gresens of Dublin San Ramon SeNices District. The four firms responding to the RFP were Brown and Caldwell (B & C), Montgomery Watson, G. S. Dodson and Associates (GSD), and HDR Engineering, Inc. The review panel recommends that B & C be selected to provide preliminary and final design seNices for the Dougherty trunk sewer and near-term improvements to the San Ramon Pumping Station. Staff and B&C have negotiated a cost-reimbursement agreement for the trunk sewer design with a cost ceiling of $168,200. The tunnel and trunk sewer project is included in the 1997-98 CIB starting on page CS-34. )/11/ JSM H:\PP\Dougherty B&C Agrmnt.cws.wpd 9/16/96 DATE May 13, 1998 Page 2 of 2 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BROWN AND CALDWELL TO PROVIDE PRELIMINARY AND FINAL DESIGN SERVICES FOR THE TRUNK SEWER PORTION OF THE DOUGHERTY TUNNEL AND TRUNK SEWER PROJECT, DP 5902 The current total project cost estimate for both project elements is approximately $16.6 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 paid by Windemere Ranch Partners. Windemere may receive reimbursements 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 earlier agenda item.) G.S. Dodson and Associates will be preparing the San Ramon Pumping Station Facilities Plan. The Facilities Plan will evaluate the capacity and reliability of the existing station before any additional flow is received from the Dougherty Valley development. Any needed pumping station improvements will be phased to match the progress of the development. The phased improvements will be designed by B & C. Following completion of the facilities plan, staff will negotiate an agreement with B & C for design of the improvements identified. The environmental impacts of construction and operation of the tunnel, trunk sewer, and San Ramon Pumping Station 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 environmental impacts of construction and operation of the tunnel, trunk sewer, and San Ramon Pumping Station facilities can be reduced to less than significant levels through implementation of the mitigation measures required of the project by Contra Costa County . RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an agreement with Brown and Caldwell with a cost ceiling of $168,200 to provide design and engineering services for the Dougherty Trunk Sewer Project, DP 5902. H:\PP\Dougherty B&C Agrmnt.cws.wpd 9/16/96 ~ ~entral Contra Costa Sanitary District BOARD OF DIRECTORS :::1111111111:111111111::::::111111:::::::::::::::::::::::::: BOARD MEEllNG OF ~mm;j~~~~~::::m~j~j1j~j::::;:::::f:::::::::::!~::::~~t:l~b:~i:::::::::::t:::i::::::~ri:::::~~tt::~t~~::::::::~mmt:::::::::::::::~t:::::;mf~1rmmmt Page 1 of 20 May 14, 1998 NO. 8. ENGINEERING d. DATE TYPE OF ACTION ADOPT A RESOLUTION SUBJECT ADOPT A RESOLUTION INFORMING RATEPAYERS REGARDING THE DISTRICT'S POSITION ON PROPOSITION 224: THE GOVERNMENT COST SAVINGS AND TAXPAYER PROTECTION AMENDMENT SUBMITTED BY R. Leavitt & John Mercurio, Mgt. Analysts INITIATING DEPT IDIV Engineering/Planning ISSUE: The Board of Directors desires to inform ratepayers regarding the District's position on A-oposition 224: the Government Cost Savings And Taxpayer A-otection Amendment appearing on the June, 1998 ballot. BACKGROUND: At its April 16, 1998 meeting, the Board of Directors discussed the merits of Proposition 224. This discussion occurred in response to a letter from Mr. Edwin M. Hultgren, President of the East Bay Chapter of Consulting Engineers and Land Surveyors of California, requesting opposition to A-oposition 224. As discussed, A-oposition 224 would amend the California Constitution to require that certain local agency contracts, including engineering and design contracts involving expenditure of state funds, be referred to the State Controller to determine whether the contract shall be performed by state civil service employees or awarded through a competitive bidding process. Following consideration of the issue, a majority of the Board of Directors voted to inform District ratepayers of the impact A-oposition 224 would have on the cost, quality, and scheduling of District capital projects. In response, staff has prepared the attached resolution. At the last Board meeting, decision on the draft resolution was held for two weeks pending further review of the information on A-oposition 224. Member Boneysteele has provided additional information as shown in Attachment III. RECOMMENDATION: Adopt the attached resolution informing ratepayers regarding the District's position on Proposition 224: the Government Cost Savings And Taxpayer A-otection Amendment. /It! INITIATING DEPARTMENTIDI\IISlON RlJJM JMc H:\DA T A \POSPAPER\prop224. wpd 4/8/98 Attachment I RESOLUTION NO. 98- RESOLUTION ON PROPOSITION 224: THE GOVERNMENT COST SAVINGS AND TAXPAYER PROTECTION AMENDMENT WHEREAS, the Board of Directors of Central Contra Costa Sanitary District is authorized to contract for engineering and design services required by the District in accordance with Government Code Section 4526, pursuant to which the District engages in an extensive qualifications review process to select a firm having the best combination of skills to perform the work at a competitive price; and WHEREAS, Proposition 224, the Government Cost Savings and Taxpayer Protection Amendment, that has been placed on the June, 1998 ballot, would amend the California Constitution to require that certain local agency contracts, including engineering and design contracts involving expenditure of state funds, be referred to the State Controller to determine whether the contract shall be performed by state civil service employees or awarded through a competitive bidding process; and WHEREAS, Proposition 224 would thus require local public entities to delay projects until the State Controller has acted, and then to either use state employees to perform engineering and design contracts or to award such contracts through a competitive bidding process, as opposed to the qualifications-based selection criteria currently employed; and WHEREAS, Proposition 224 would thereby create potentially long delays for vital local projects, dilute the ability of local government to manage, supervise, and secure accountability with respect to the performance of local projects and would deny local government the essential flexibility to contract with firms most qualified to perform the work on time and cost effectively; and WHEREAS, the Board of Directors has determined that the provIsions of the Government Cost Savings and Taxpayer Protection Amendment are not in the best interests of Central Contra Costa Sanitary District and its customers; and WHEREAS, the decision of the Board of Directors on Proposition 224 reflects the position of the Board and is intended to provide balanced information to inform the ratepayers regarding Proposition 224. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of Central Contra Costa Sanitary District position on the Government Cost Savings and Taxpayer Protection Amendment addresses the concerns for cost, quality and potential delay of capital projects; and BE IT FURTHER RESOLVED that the Secretary is authorized to provide a copy of this resolution upon request to persons or organizations to the extent permitted by state law. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 7th day of May, 1998, by the following vote: AYES: NOES: ABSENT: Members: Members: Members: President of the Board of Directors of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: District Counsel - \. ~A Secretary of State - Primary98 - Text of Pre:' 'n 224 http://Primary98~-9ovNoterGuidelPropositionsI224text.htm '-- I Proposition 224 I Analvsis I Attachment II State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Proposition 224 - Full Text of the Proposed Law This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution. This initiative measure expressly amends the Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new. PROPOSED AMENDMENT TO ARTICLE VII SECTION 1. TITLE This measure shall be known and may be cited as the Government Cost Savings and Taxpayer Protection Amendment. SECTION 2. PURPOSE AND INTENT It is the intent of the People of the State of California in enacting this measure that engineering, architectural, and similar services provided by the State and certain other entities be furnished at the lowest cost to taxpayers, consistent with quality, health, safety, and the public interest; that contracts for such services be awarded through a competitive bidding process, free of undue political influence; and that contractors be held fully responsible for the performance of their contracts. SECTION 3. REQUIREMENTS FOR CONTRACTS FOR ENGINEERING, ARCHITECTURAL, AND SIMILAR SERVICES Section 12 is added to Article VII of the Constitution, to read: SEe. 12. (a) This section shall apply to contracts for engineering, architectural, landscape architectural, surveying, environmental, or engineering geology services awarded by the State of California or by any state agency to any public or private entity. As used in this . section, "state agency" means every state office, officer, agency, department, division, bureau, board, and commission but does not include the University of California, the California State University and Colleges, and local public entities. "State agency" also includes a state agency acting jointly with another state agency or with a local public entity. As used in this section, ''local public entity" means any city, county, city and county, including a chartered city or county, public or municipal corporation, school district, special district, authority, or other public entity formed for the local performance of governmental and proprietary functions within limited boundaries. "Local public entity" also includes two or more local public entities acting jointly. (b) This section shall also apply to contracts for services specified in subdivision (a) awarded by private entities or local public entities when the contract awarded by the public or private entity involves expenditure of state funds or involves a program, project, facility, or public work for which the State or any state agency has or will have ownership, liability, of3 04/06/98 16:59:01 -:;'A Secretary of State - Primary98 - Text of prc:rc.u.:"n 224 http://Primary98.:~.govNoterGuide/Propositions/224text.htm or responsibility for construction, operation, or maintenance. As used in this section, "state funds" means all money appropriated by the Legislature for expenditure by the State or a state agency and all money included in special funds that the State or a state agency controls. (c) Prior to the award of any contract covered by this section, the Controller shall prepare and verify an analysis of the cost of performing the work using state civil service employees and the cost of the contract. In comparing costs, the cost of performing the work using state civil service employees shall include only the additional direct costs to the State to provide the same services as the contractor, and the cost of the contract shall include all anticipated contract costs and all costs to be incurred by the State, state agencies, and the contracting entity for the bidding, evaluation, and contract award process and for inspecting, supervising, verifying, monitoring, and overseeing the contract. (d) The contract shall not be awarded if either of the following conditions is met: (1) the Controller's analysis concludes that state civil service employees can perform the work at less cost than the cost of the contract, unless the services are of such an urgent nature that public interest, health, or safety requires award of the contract; or (2) the Controller or the contracting entity concludes that the contract would not be in the public interest, would have an adverse impact on public health or safety, or would result in lower quality work than if state civil service employees performed the services. (e) Except for contracts for which a delay resulting from the competitive bidding process would endanger public health or safety, every contract, including amendments, covered by this section that exceeds fifty thousand dollars ($50,000), adjusted annually to reflect changes in the appropriate consumer price index as determined by the Controller, shall be awarded through a publicized competitive bidding process involving sealed bids. Each contract shall be awarded to the lowest qualified bidder. If the contract cost based on the lowest qualified bid exceeds the anticipated contract costs the Controller estimated pursuant to subdivision (c), the Controller shall prepare and verify a revised analysis using the contract bid cost, and that revised analysis shall be used in applying subdivision (d). (f) For every contract covered by this section, the contractor shall assume full responsibility and liability for its performance of the contract and shall defend, indemnify, and hold the State, the contracting entity, and their agents and employees harmless from any legal action resulting from the performance of the contract. (g) This section shall not be applied in a manner that will result in the loss of federal funding to the contracting entity for contracts for services. SECTION 4. SEVERABILITY If any provision of this amendment or its application to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the amendment which can be given effect without the invalid provision or application, and to this end the provisions of this amendment are severable. SECTION 5. APPLICABILITY OF CURRENT LAW Nothing in this amendment shall expand or restrict the State's constitutional authority, as determined by decisions of the California Supreme Court and California Courts of Appeal in effect on the effective date of this amendment, to enter into contracts with private or public entities. SECTION 6. RELATIONSHIP TO OTHER MEASURES : of3 04/06/9816:59:02 ::;A Secretary of State - Primary98 - Text of Pre /.. . a:"n 224 http://Primary98~govNoterGuidelPropositionsI224text.htm To the extent that any other measure on the same subject shall be on the ballot at the same election, it is the intent of the voters that this measure be deemed, to the maximum extent possible, not to be in conflict with such other measure, but rather that this measure should be harmonized with the other measure. I Proposition 224 I Analvsis I of 3 04/06/98 16:59:02 CA Secretary of State - Primary98 - Propositio "lL http:"Prima~ .<>.c;.ca.govNoterGuide/PropositionsI224.htm I Previous - 223 I Voter Guide I Next - 225 I Analvsis of 224 I State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Official Title and Summary prepared by the Attorney General Full Text of PropOsed law STATE-FUNDED DESIGN AND ENGINEERING SERVICES. INITIATIVE CONSTITUTIONAL AMENDMENT. · Prohibits contracting where performance of work by civil service employees is less costly unless urgent need for contract. · Prohibits contracts which Controller or awarding agency determines are against public interest, health, safety or where quality of work would be lower than civil service work. · Contractors must indemnify state in suits related to performance of contracts. · Requires defined competitive bidding of state-funded design and engineering contracts over $50,000, unless delay from bidding would endanger public health or safety. · Provisions severable and should be harmonized with similar measures on subject. Summary of legislative Analyst's Estimate of Net State and local Government Fiscal Impact: · Unknown impact on state and local government costs to obtain construction-related services. Impact would depend largely on factors included in the cost comparison analyses required by the proposition. · Administrative costs to the State Controller--one-time costs of probably less than $500,000 and annual costs of up to $2 million. . Analysis by the leaislative Analyst . Araument in Favor of Proposition 224 . Rebuttal to Argument in Fayor of Proposition 224 . Argument Against Proposition 224 . Rebuttal to Argument Against Proposition 224 I Previous - 223 I Voter Guide I Next - 225 I Analysis of 224 I J of~ 04/06/98 16:54:48 CA Secretary of State - Primary98 - Analysis 0' .....osition 224 http:"Primary98.ss.c~NoterGuidelPropositionsI224analysis.htm .~ I Text of Proposed Law I Proposition 2241 Aroument in Favor I State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Analysis by the Legislative Analyst Background Under California law, services provided by state agencies generally must be performed by state civil service employees. These services cover a broad range of activities--such as clerical support, building maintenance and security, and legal services. In some cases, however, the state may contract with private firms to obtain services. Such contracting is allowed, for example, if services needed by the state are: (1) of a temporary nature, (2) not available within the civil service, or (3) of a highly specialized or technical nature. Unlike the state, local governments are not subject to constitutional restrictions on contracting for services. The state and local governments frequently contract with private firms for construction-related services, which include architecture, engineering, and environmental impact studies. State and local governments enter into these contracts through a process of advertising for the service, selecting the firm that is determined to be best qualified, and negotiating a contract with that firm. Neither the state nor local governments competitively bid for these services. By comparison, competitive bidding generally is used to acquire goods and for construction of projects. Proposal This proposition, a constitutional amendment, requires public entities to use a new process prior to awarding a contract for the following construction-related services: engineering, architecture, landscape architecture, surveying, environmental studies, and geologic studies. (The proposition would not affect contracting out for other types of services.) The new process would apply to: . .:. All state agencies, except the University of California and the California State University. Many local governments and private entities (see below). .. .~ . . What Is Involved in This New Contracting Process? The Cost Comparison. Under the process established by the proposition, the State Controller would be required to prepare an analysis for each proposed contract and compare the following: The cost of contracting with a private firm for the services. This would include the anticipated amount a private firm would charge to provide the services plus the cost to bid, award, administer, and monitor the contract. The "additional direct costs" if state employees provide the same services. of4 04/06/98 16:56:49 ;:'A. Secretary of State - Primary98 - Analysis o~~ - - -. -')sition 224 http://Primary98.ss.~'JVoterGuide/PropositionsI224analysis.htm ~i... Generally, the service could be contracted out if the Controller's analysis indicated that the contract was less costly than using state employees. On the other hand, the work would have to be done by state employees if the analysis showed they could do it at lower cost. Competitive Bidding. As noted earlier, public entities currently negotiate contract terms for construction-related services. This proposition requires that such contracts costing more than $50,000 be competitively bid to select the lowest qualified bidder. Competitive bidding would not have to be used if it would delay a project and the delay would endanger public health or safety. What Contracts Are Covered Under the Proposition? Direct Contracting by the State. State agencies would have to use this new process if they wanted to contract for construction-related services. In recent years, state agencies have averaged about $150 million annually in spending on these types of contracts. This amount varies annually depending on the state's level of construction activity. Contracts Awarded by Local Governments and Private Entities. Local governments and private entities would also have to use this new process in the following situations: State Funding of Services for Local Government or Private Projects. Historically, the state has provided significant funding to local governments for various types offacilities--K-12 schools, local roads, community colleges, jails, and parks. Under the proposition, a local government would have to use the new process if it uses state funds to pay a private firm for any part of a construction-related service. State Ownership, Liability, or Responsibility for a Project. In many cases, the state assumes ownership, liability, or responsibility for construction, operation, or maintenance of a local project. This is the case, for example, with regard to the building of K-12 and community college buildings and many locally funded highway projects. Fiscal Effect The potential fiscal effects of this proposition on the state and local governments are discussed below. Impact on the Cost of Providing Services The fiscal impact would depend in large part on the determination of which cost factors to use in comparing the cost of contracting out a service with the "additional direct cost" of the state providing the service. The cost of contracting for a service would be determined from the bid submitted by the private firm. On the other hand, because the term "additional direct costs" is not defined in the proposition, the Controller would have to determine which cost factors associated with using state employees should be included in order to prepare the required analyses. What Are "Additional Direct Costs?" Because the proposition does not define "additional direct cost" there is not a clear answer to this question. Figure 1 lists some of the cost factors the Controller would need to review to determine if they should be counted as additional direct costs. Cost Analysis on Contract-by-Contract Basis. A cost analysis would be required on each individual contract basis. Thus, a cost analysis may not reflect the accumulation of of4 04/06/98 16:56:50 CA Secr~tary of State - Primary98 - Analysis o:~ ... 'lsition 224 http://Primary98.ss.~'''''NoterGuide/Propositions/224analysis.htm ''- administrative costs if the state workforce increases to meet workload demand. For example, additional clerical and managerial positions or additional office space for state employees may not be needed for anyone contract, but could be needed if work on many projects were assigned to state employees rather than private firms. Fiscal Effect Depends on Cost Comparisons. The impact of the proposition on state and local costs would depend on the extent to which the cost analyses include all state costs associated with providing these services using state employees. For example: If more of the costs associated with using state employees are included in the analyses, it is more likely that they would provide an "apples-to-apples" comparison of total costs. In this case, the proposition could result in savings. This is because public entities would no longer contract in situations where it is more costly. These savings, however, probably would not be significant. On the other hand, if fewer of the state's costs are counted as "additional direct costs," the analyses would not reflect a true "apples-to-apples" comparison of total costs. In this case, the proposition could result in costs. This is because state employees would be used to perform work where contracting would have been less costly. Because of the uncertainties discussed above, it is difficult to predict the fiscal effect of this proposition. However, a strict interpretation of additional direct costs (for example, only those identified in Figure 1 as "likely to be counted") could result in significant costs to state and local governments. Figure 1 What Cost Factors Might Be Counted As "Additional Direct Costs?" Cost Factors Likely to Be Counted Salaries and benefits of additional state employees needed to perform a service. Office space, furniture, equipment, and travel expenses for the additional employees. Cost Factors Likely Not to Be Counted State agency overhead costs ("top management"). Other state agency overhead costs--such as payroll, accounting, and personnel functions. Mayor May Not Be Counted Hiring and training costs for any additional state employees needed to perform a service. Increased construction costs due to project delays caused by time needed to hire and train additional state employees. Costs of maintaining excess state staff if workload declines. Other Fiscal Impacts The proposition would have other fiscal effects on the state and local governments. For instance, the Controller would have costs to perform the required cost analyses. These 30f4 04/06/98 16:56:51 . . CA Secretary of State - Primary98 - Analysis of, . ....sition 224 http://Primary98.ss.Q"r--''/oterGUide/ProPositionSI224analysis.htm costs would depend on the number of requests from state agencies and local governments. We estimate the Controller would have both one-time costs of probably less than $500,000 and ongoing costs of up to $2 million annually. The proposition would affect the state and local governments in other ways. For example, it would take time to develop and implement the new process for evaluating contracts. This would lead to one-time delays in certain public sector construction projects, resulting in possible added inflation-related costs for those projects. I Text of Proposed Law I Proposition 2241 AraumEmt in Favor I ~ of4 04/06/9816:56:51 jA Secretary of State - Primary98 - Argument . -- "lr of Proposition 224 http://Primary98.ss:~-'NoterGuidelPropositionSI224yesarg.htm I Analvsis I Proposition 224 I Rebuttal to ArQument in Favor I State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Argument in Favor of Proposition 224 Vote YES on: COMPETITIVE BIDDING CONTRACTOR RESPONSIBILITY COST SAVINGS through COST COMPARISONS Improved SAFETY of our state freeways and bridges STOP POLITICAL FAVORITISM AND WASTE Proposition 224, the "Competitive Bidding Initiative," ends the politicians' practice of giving huge, overpriced, no-bid state engineering contracts to their campaign contributors. By requiring competitive bidding from qualified contractors and holding contractors responsible and financially liable for their own mistakes, it will improve the safety of our freeways, bridges, and other public works. By requiring a cost analysis before contracts are awarded, it ensures that taxpayers get the best value for their dollar. Fair, objective competitive bidding will break the link between campaign contributions and state politicians who give overpriced, no-bid contracts to their contributors. "Private contractors receive millions of dollars in work without competition. Reforms are needed to protect the public interest. "--State Auditor Kurt Sjoberg "No-bid contracts are always suspect. It-Contra Costa Times Although state highway and freeway construction contracts are competitively bid, contracts for construction inspection, design, and other services aren't. Instead, Sacramento politicians simply give out these contracts, to their campaign contributors, at twice what they should cost. Proposition 224 ends this political spoils system by requiring competitive bidding. END THE WASTE OF YOUR TAX DOLLARS Official government documents prove that more than half a billion dollars has been wasted since 1990 on excessive costs of no-bid contracts under the current system. When contractors walk away' from their inferior work, the taxpayers get stuck with the bill for doing it over and repairing the mistakes. Proposition 224 requires impartial cost analyses to prove cost effectiveness before contracts are awarded, followed by competitive bidding and contractor responsibility to ensure that tax dollars are spent wisely. IMPROVE HIGHWAY SAFETY "Proposition 224 will mean safer highways for all of us. "--Dan Terry, President, California Professional Firefighters No-bid contracts contributed to corruption and street collapses in Los Angeles, thousands of defects in San Diego bridges, and higher tolls in the Bay Area. While money was being wasted on overpriced, no-bid contracts to campaign contributors, the earthquake of2 04/06/9816:45:29 -::;A Secretary of State - Primary98 - Argument (,-'>O'or of Proposition 224 http://Primary98.ss~.:..,,,..clVNoterGuide/PropositionsI224yesarg.htm \ " strengthening of our freeway bridges was delayed. As a result, bridges which hadn't been strengthened collapsed in earthquakes. Proposition 224 improves highway safety by awarding contracts only to qualified firms through competitive bidding and holding contractors responsible and financially liable for their own mistakes. "The ultimate responsibility for faulty workmanship has to be on the part of the contractors hired to do the job. They, not taxpayers, should foot the bill for redoing the work. "-San Diego Union-Tribune The politicians even allowed a contractor to hire its own inspectors, resulting in more than 10,000 defective welds on a bridge strengthening project! 'When the state of California lets the foxes guard the hen house, no one should be surprised when the chickens get eaten. "-San Diego Union- Tribune Join with law enforcement, firefighters, teachers, seniors, and small businesses. VOTE YES ON COMPETITIVE BIDDING: SAVE LIVES, SAVE MONEY, AND END POLITICAL CRONYISM! VOTE YES ON PROPOSITION 224! DON BROWN President, California Organization of Police & Sheriffs, COPS BEN HUDNALL Business Manager, Engineers & Scientists of California WOODY ALLSHOUSE President, CDF Firefighters I Analvsis I Proposition 224 I Rebuttal to Araument in Favor I of2 04/06/9816:45:30 ::A Secretary of State - Primary98 ...gument in .~ of Proposition 224 httP:"primary98.ss,~'c ---vNoterGuide/Propositions/224yesrbt.htm I Araument in Favor I Proposition 224 I Araument Aaainst I State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Rebuttal to Argument in Favor of Proposition 224 deception: n. the practice of deceiving or misleading The STATE BUREAUCRATS BEHIND PROPOSITION 224 and their political cronies are trying to deceive you. Ask yourself: Would a state bureaucrats group (mostly Caltrans employees) really spend millions of dollars on a ballot measure to protect YOUR interests? Not likely. -Will Proposition 224 save taxpayers money? No. Proposition 224 SHIFTS PRIVATE SECTOR JOBS TO the PUBLIC PAYROLL. BIGGER GOVERNMENT. HIGHER TAXES. That's why the CALIFORNIA TAXPAYERS' ASSOCIATION and other MAJOR TAXPAYER GROUPS OPPOSE IT. -Will it make bidding more competitive? No. Talk about the ULTIMATE DECEPTION! DISGUISED as "competitive bidding," Proposition 224 RIGS the SYSTEM to PROTECT STATE BUREAUCRATS AGAINST COMPETITION from the private sector by virtually PROHIBITING STATE and LOCAL GOVERNMENTS FROM CONTRACTING OUT design, engineering and environmental work. -Will it save lives? No. It virtually ELIMINATES the USE of PRIVATE SEISMIC EXPERTS, DELAYING and COMPROMISING ALREADY OVERDUE EARTHQUAKE RETROFITTING of HIGHWAYS, SCHOOLS and HOSPITALS. "Proposition 224 will also delay construction of additional classrooms needed to reduce class sizes and accommodate the growth in student population. " --California State PT A -Will it increase accountability? No. Proposition 224 LETS STATE BUREAUCRATS OFF THE HOOK! Current law already holds private contractors fully liable for their mistakes. Proposition 224 could also hold them responsible for DANGEROUS HIGHWAY AND BRIDGE DESIGN MISTAKES MADE BY GAL TRANS EMPLOYEES (the bureaucrats promoting this deceptive initiative). BIGGER GOVERNMENT. HIGHER TAXES. LESS ACCOUNTABILITY. DON'T LET THE BUREAUCRATS GET AWAY WITH IT! IF YOU SUPPORT COMPETITIVE BIDDING. . . VOTE "NO" on PROPOSITION 224! PROFESSOR PAUL FRATESSA of2 04/06/98 16:47:54 CA Secretary of State - Primary98 ...gument in .-. of Proposition 224 http://Primary98.ssr--~vNoterGuide/Propositions/224yesrbt.htm "'- Former Chair, Seismic Safety Commission ALLAN ZAREMBERG President, California Chamber of Commerce JANE ARMSTRONG State Chairman, Alliance of California Taxpayers and Involved Voters I ArQument in Favor I Proposition 224 I Araument Aaainst I ~ of 2 04/06/9816:47:55 c .. ~~ :A Secretary of State - Primary98 - Argument: Proposition 224 http:"Primary98.s~ -. NoterGuide/Propositions/224noarg.htm 'i......;. I Rebuttal to ArQument in Favor I Proposition 224 I Rebuttal to Aroument Aoainst I State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Argument against Proposition 224 BEWARE: Proposition 224 is NOT what it pretends to be. It's a wolf in sheep's clothing. That's why EARTHQUAKE SAFETY EXPERTS, CITIES, COUNTIES, SCHOOL DISTRICTS, HOSPITALS, BUSINESSES, LABOR, TEACHERS, PARENTS and TAXPAYER GROUPS throughout California OPPOSE PROPOSITION 224 ! --WHO'S BEHIND PROPOSITION 224? WHY HAVE THEY DISGUISED ITS REAL PURPOSE? A group of state bureaucrats (primarily Caltrans employees) spent millions to put Proposition 224 on the ballot. Why? They want you to believe it's to save taxpayers money. Would a state bureaucrats group really spend millions of their OWN dollars to save YOU money? Hardly. Read the fine print! DISGUISED as a "competitive bidding" initiative, Proposition 224 creates a RIGGED formula that virtually PROHIBITS STATE GOVERNMENT, CITIES, COUNTIES and SCHOOL DISTRICTS FROM CONTINUING to CONTRACT for design, environmental and engineering work with the private sector. -PROPOSITION 224 VIRTUALLY PROHIBITS THE CONTINUED USE OF PRIVATE SECTOR SEISMIC EXPERTS TO MAKE HIGHWAYS, OVERPASSES AND BRIDGES EARTHQUAKE-SAFE. Contracting out design work for seismic retrofitting, schools, hospitals, highways and bridges keeps the government payroll from ballooning and permits the use of private expertise. Proposition 224 would essentially halt this practice. The bureaucrats behind Proposition 224 want more work brought in-house, CREATING MORE PUBLIC PAYROLL JOBS. --PROPOSITION 224 REPRESENTS A HUGE SHIFT OF JOBS FROM THE PRIVATE SECTOR TO THE PUBLIC PAYROLL. MORE STATE BUREAUCRATS! BIGGER GOVERNMENT! HIGHER TAXES! Economic analysis reveals it would mean thousands of LOST PRIVATE SECTOR JOBS and force California to HIRE up to 15,600 NEW BUREAUCRATS at a TAXPAYER COST of $1,700,000,000 ANNUALL Y--that's BILLION, with a "B". --LOCAL GOVERNMENTS OPPOSE PROPOSITION 224. IT TAKES AWAY LOCAL CONTROL. CREATES COSTLY BUREAUCRATIC DELAYS AND GIVES ONE POLITICIAN ENORMOUS NEW POWERS. It forces cities, counties and school districts to seek the state controller's approval before contracting out design work on school, road, hospital, water treatment and other building projects. That's TOO MUCH POWER to give ONE POLITICIAN. It would DELA Y VITAL PROJECTS and REDUCE TAXPAYER ACCOUNTABILITY. of2 04/06/98 16:50:07 CA Secretary of State - Primary98 - Argument l!..Qst Proposition 224 http://Primary98.s;~.~ovNoterGuide/propositionsI224noarg.htm ... -THESE AND HUNDREDS OF OTHER GROUPS SAY: VOTE NO on PROPOSITION 224! California Taxpayers' Association OPPOSES Alliance of California Taxpayers and Involved Voters OPPOSES Responsible Voters for Lower Taxes OPPOSES Howard Jarvis Taxpayers Association OPPOSES Structural Engineers Association of California OPPOSES American Institute of Architects OPPOSES League of California Cities and over 100 cities and counties OPPOSE California Teachers Association OPPOSES California School Boards Association OPPOSES California State PT A OPPOSES National Federation of Independent Business OPPOSES California Association of Homes and Services for the Aging OPPOSES California Healthcare Association OPPOSES California Building Industry Association OPPOSES California Chamber of Commerce OPPOSES Consulting Engineers and Land Surveyors of California OPPOSES California Minority & Women Businesses Coalition OPPOSES California Council for Environmental and Economic Balance OPPOSES California Association of School Business Officials OPPOSES Association of California Water Agencies OPPOSES California Park and Recreation Society OPPOSES State Building and Construction Trades Council of California, AFL-CIO OPPOSES Operating Engineers, Local 3, AFL-CIO OPPOSES California Association of Realtors OPPOSES Associated General Contractors OPPOSES and HUNDREDS of SEISMIC ENGINEERS OPPOSE PROPOSITION 224! LARRY MCCARTHY President, California Taxpayers' Association LORING A.,"WVLLlE, JR. Past President, Earthquake Engineering Research Institute RON SATES President, League of California Cities I Rebuttal to ArQument in Favor I Proposition 224 I Rebuttal to ArQument AQainst I of 2 04/06/98 16:50:09 CA Secretary of State - Primary98 ...0 ArgumE.gainst Proposition 224 http://Primary98.f'''-'''''''l:.9ovNoterGuide/Propositions/224norbt.htm I Aroument Aoainst I Proposition 224 I Next Proposition (225) I State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Rebuttal to Argument against Proposition 224 90% OF THE OPPOSITION'S CAMPAIGN MONEY COMES FROM CONSULTANTS WHO RECEIVE NO-BID GOVERNMENT CONTRACTS! Of course, they oppose Prop. 224's requirements for cost effectiveness, competitive bidding, and contractor responsibility! If it passes, their gravy train will run out of gravy! All the pork will be gone from their political pork barrel! THE SAME GANG THAT OPPOSED PROPOSITION 13 OPPOSES PROPOSITION 224! The Chamber of Commerce (big business), the League of Cities (local politicians), CalTax and others. Voters ignored them and approved Proposition 13, saving billions for taxpayers. Vote yes on Prop. 224! "We are very strong supporters of privatization, but the only way it is going to work is to have open bidding," Joel Fox, President, Howard Jarvis Taxpayers Association; San Bernardino Sun, 9/12/95. REAL EARTHQUAKE SAFETY EXPERTS, THE ENGINEERS WHO DESIGN AND BUILD OUR BRIDGES, SUPPORT PROPOSITION 224. So do the Engineers and Architects Association, and the Council of Engineers and Scientists Organizations. America is based on competition. COMPETITIVE BIDDING AMONG QUALIFIED FIRMS saves money and cuts bureaucracy. HOLDING CONTRACTORS RESPONSIBLE for their work improves highway and bridge safety. Claims that competitive bidding will raise taxes, cause delays, or prohibit contracting out are ridiculous! Will competitive bidding SAVE TAXPAYERS MONEY? OF COURSE IT WILL! "We need competitive bidding. The current system favors the big boys, excludes small companies, promotes corruption, and wastes tax dollars. " Edmundo Lopez, President, Hispanic Contractors Association BREAK THE LINK BETWEEN CAMPAIGN CONTRIBUTIONS AND NO-BID CONTRACTS. COMPETITIVE BIDDING MAKES SENSE. YES ON PROPOSITION 224! ARTHUR P. DUFFY Chairman, Taxpayers for Competitive Bidding LOIS WELLINGTON President, Congress of California Seniors EDMUNDO LOPEZ President, Hispanic Contractors Association I of7 04/06/98 16:52:50 rl'DI~ (;())II)I~rlllrl'I'T)~ IIII)I)INf~ INIrl'Il,rl'I'TI~ Attachment III err (;())II)I~'I'I'I'I'T)~ IIII)I)IN(. err (;()S'I' (;())IPllIIIS()NS err f~f)N'I'II1'f~'I'f)IIIII~SI)f)NSIIIII..I'I'Y . . . on State contracts for engineering and related services err srl'f)l) rrUI~ "TllS'I'I~ f)l~ UIJNI)ltl~I)S f)l~ )111..1..lf)NS f) I~ rl'llX I)f) 1..I.JlltS! err 1)11)llf)'T)~ '1'DI~ Slll~I~'1Y llNI) f.IJlll..I'IY f)l~ f)IJlt Ulf.U"TAYS llNI) 1~ltl~I~"TllYS! err Illtl~llK rl'UI~ 1..INli Illrl"TI~I~N f~ll)II)Alf.N (~f)Nrl'ltIIIIJ'I'lf)NS llNI) N f)~ 1111) (~f) Nrrll1lf~rrS! ,JOIN "TI'I'I1I~\."T I~NI{(nU;I~)II~N'I', I{IUI~I{J(JII'fl~ns, TI~i\.(;I1I~nS, SI~Nlons, i\.Nn S)li\.IJ.. InJSINI~SS IN SIJI)I)OII'I'IN(, I)UOl)OSI'fION 22Ll: California Organization of Police & Sheriffs (COPS) Congress of California Seniors California Professional Firefighters California Federation of Teachers (OF Firefighters Operating Engineers International ,Union, Council of Engineers and Scientists Organizations Stationary Engineers, local 39 Professional Engineers in California Government Hispanic Contractors Association California Small Business Owners Alliance Service Employees International Union (SEIU) Engineers and Architects Association California legislative Council for Older Americans Engineers and Scientists of California California Mobilehome Resource and Action Assn. _.._-------~---,-,._.,-.........----,-~---'_.._-,."...._-'-._-'_.--- ."... ....._--~.~,--_.,'-~.._._-_.~--~_.__.- ",-"'-',"""-'''--'''~. "",,- _...,.,,~ 1)IIOI)OSrl'ION 22Ll, TIII~ (;O}II)I~l'rl'I'TI~ IIInnIN(, INrl'IllrrI'TI~, ends the politicians' practice of giving huge, overpriced, no-bid state engineering contracts to their campaign contributors. By requiring competitive bidding from qualified contractors and holding contractors responsible and financially liable fortheir own mistakes, Prop. 224 will improve the safety of our freeways, bridges, and other public works. By requiring a cost analysis before contracts are awarded, Prop. 224 ensures that taxpayers getthe best value for their dollar. Fair, objective competitive bidding will break the link between campaign contributions and state politicians who give overpriced, no-bid contracts to their contributors. "Private contractors receive millions of dollars in work without competition. Reforms are needed to protect the public interest." -. State Auditor Kurt Sjoberg "No-bid contracts are always suspect.".. Contra Costa limes I~Nn rl'III~ "TllSl'l~ Ol~ YOIJlll'llX nOI..I.JlllS Official government documents prove that more than half a billion dollars has been wasted since 1990 on excessive costs of no-bid contracts under the current system. When contractors walk away from their inferior work, the taxpayers get stuck with the bill for doing it over and repairing the mistakes. I}II)IIO'TI~ III(,II"Til Y Slll~l~rIY "Proposition 224 will mean safer highways for all of us." - - Dan Terry, President, California Professional Firefighters No-bid contracts contributed to corruption and street collapses in Los Angeles, thousands of defects in San Diego bridges, and higher tolls in the Bay Area. While money was being wasted on overpriced, no-bid contracts to campaign contributors, the earthquake strengthening of our freeway bridges was delayed. As a result, bridges which hadn't been strengthened collapsed in earthquakes. Proposition 224 improves highway safety by awarding contracts only to qualified firms through competitive bidding and holding contractors responsible and financially liable for their own mistakes. rl'I~N I{I~Y Ill~llSONS TO SIJI)I)Olrr 1)IIOI)OSrl'ION 22Ll 1. Get the best quality work at the lowest price. 2. Make our bridges and highways safer. 3. Require competitive bidding among qualified contractors. 4. Hold contractors responsible and liable for their mistakes. 5. Break the link between no-bid contracts and campaign contributors. 6. Level the playing field so small firms can compete with the well-connected. 7. Eliminate wasteful spending. 8. Bring good business practices to government. 9. Reduce bureaucracy to complete highway and safety projects sooner. 10. Build more state safety projects for the same amount of money. Prop. 224 - Competitive Bidding + Contractor Responsibility~ It adds up to your safety! For more information about how you can help pass Prop. 224: Visit our Web site: www.prop224yes.org E-mail: info@prop224yes.org Phone: (916) 446-0496 Fax: (916) 446-0489 ~ __,_"______._.._.___.__"____,..._.~___."_"__..~__.'.__"_.___~___._______.__.,.~__.____~__~__..__'~___"._d___.______,.__"_..~..._.__."._.____._.,.,,..,~..~.,,"_~......_______u,._ ~ BOARD OF DIRECTORS ::\:..111.11111,1:::11111_111:1".1'1'1'1:' BOARD MErn~:~ 21, 1998 '- ~ntral Contra Costa Sanita. 1 District Page 1 of 6 NO. BUDGET AND a. 11. DATE TYPE OF ACTION May 13, 1 998 BUDGET REVIEW SUBJECT RECEIVE THE 1998-1999 OPERATIONS AND MAINTENANCE BUDGET SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTtOlV Administration/Finance & Accounting ISSUE: The 1998-1999 Operations and Maintenance (O&M) Budget is being submitted for review at the May 21, 1998 Board Meeting, and is scheduled for approval at the June 9, 1998 Board Meeting. BACKGROUND: Over the past four years, the total Sewer Service Charge (SSC) has remained constant at $188 due to controlling operating costs. At the Board Meeting of February 11, 1998, the Board established the sse rate for Fiscal Year 1998-1999 to continue at the current rate of $188. Therefore, the draft O&M Budget for Fiscal Year 1998-1999 was calculated using a $157 SSC allocation to O&M and no increase to the current total SSC rate of $188. The following table shows the actual and approved SSC rates and corresponding allocations between O&M and capital for 1992-1993 through 1998-1999. Sewer Service Charge Year Cost Per Residence Total Capital Transfer Amount (000 Omitted) Capital O&M 1992-1993 $5 $160 $165 $609 1 993-1994 25 160 185 3,368 (1) 1994-1995 28 160 188 3,832 1995-1996 31 157 188 4,320 1996-1997 31 157 188 4,366 1997-1998 31 157 188 4,433 1998-1999 (Approved) 31 157 188 4,471 Total $25,399 (1) The Sewer Service Charge was increased to cover the Ad Valorem tax withheld by the State of California. DR INITIATING DEPARTMENTtOlVlSlON .o/Z/ S:\ADMIN\POSPAPER\Receive O&M Budget.wpd 4/8/98 DATE May 13, 1998 Page 2 of 6 SUBJECT RECEIVE THE 1998-1999 OPERATIONS AND MAINTENANCE BUDGET The following adjustments have been included in the 1998-1999 O&M Budget: Salary & Benefits: . A general increase of 3.4% District-wide . Kaiser and HealthNet medical insurance rates increased by 5 % . Retirement costs increased by 2% . Capitalized overhead increased from 46.85% to 61.39% based on the analysis completed by the District's internal auditor Revenue: . A partial Tax Revenue shift from Sewer Construction Fund to O&M Fund to cover interest expense associated with Certificates of Participation (COP). Expenses: . Engineering Department increased by $1.45 million due to interest expense for both the COP and Recycled Water Loan. . Utility expense will no longer be accrued monthly. Instead, utility expense will be reported when paid. For example, the budget will reflect July invoices being paid in August and so on. Attachment I summarizes the O&M revenues, expenses, and reserve balances for the seven fiscal years 1992-1993 through the 1998-1999 budget year, and the related SSC rate and SSC equivalent units for each fiscal year. This position paper focuses on variances between projected 1997-1998 and the proposed 1998-1 999 budget, as the projected year end results reflect more accurately the revenues and expenses of the District. The presentation to the Board will focus on changes from last year's budget to this year's proposed budget to provide an additional perspective to the Board. Variances explanations between projected 1997-98 and the proposed 1998-99 budget are provided below: Revenue: Total District Revenue for Fiscal Year 1997-1998 is projected to be $29,681,870 compared to 1998- 1999 budgeted revenue of $31,168,260, resulting in an increase of $1,486,390 or 5.01%. This S:\ADMIN\POSPAPER\Receive O&M Budget.wpd 4/8/98 _""__~_'_____~_'___'____"__<_""_._O>__~"_'_"H~"__,__~__,_""_",,,,~_,__,,_,",_,___,,__""'_'__~'_'_'_~."~,._~-_._,.~_._-----' ---.------ DATE May 13, 1998 Page 3 of 6 SUBJECT RECEIVE THE 1998-1999 OPERATIONS AND MAINTENANCE BUDGET is mainly due to a $1,389,451 shift of tax revenue from the Sewer Construction Fund to the O&M Fund to cover the cost of interest expense associated with the District's COP, an increase of $400,000 in City of Concord Revenue due to their share of increased Plant Operation Department expenses, an increase of $159,311 in Sewer Service Charge revenue assuming moderate growth, and an increase of $114,000 in recycled water revenue due to an increased customer base and usage. Expense: Total District expenses for Fiscal Year 1997-1998 are projected to be $29,645,102 compared to 1998-1999 budgeted expenses of $32,827,029, resulting in an increase of $3,181,927 of 10.7% Variance explanations for benefit expense categories as well as for each Department follow: Employee Benefits: District Running Expense benefits for 1997-1998 are projected to be $5,734,317 compared to a 1998-1999 budget of $6,604,786 resulting in a total increase of $870,469 or 15.2%. The major factors contributing to this increase are: the cost-of-living adjustment which increases all salary-driven benefit costs, a budgeted 2% increase ($482,698) in Retirement rates, a 5% budgeted rate increase ($183,104) for Kaiser and HealthNet medical costs and an increase in Workers' Compensation rates and experience modification factor. Capitalized Administrative Overhead, which reduces the O&M Budget, is projected to be -$904,055 in 1997-1998 compared to a 1998-1999 budget of -$1,164,497 for a variance of $260,442. This is mainly due to the overhead percent applied to salaries increasing from 46.85% to 61.39% based on the review of overhead performed by Rosemary Belland, the District's internal auditor. Administrative: The Administrative Department projects 1997-1998 expenses of $5,730,344 compared to a 1998- 1999 budget of $6,466,621 resulting in an increase of $736,277 or 12.85 %. This is primarily due to positions which became vacant during the current year and which are planned to be filled in the new budget year, centralizing Safety staff salaries, benefits, and expenses into the Administrative budget, and a cost-of-living adjustment in salaries resulting in a total increase of $725,652. Also, Election Expenses of $65,000 are budgeted in the 1998-1999 fiscal year. The Technical Services account reflects a $136,530 reduction from projected actual 1997-1998 to the new 1998-1999 budget, due to a reduced need for temporary agency help next fiscal year. S:\ADMIN\POSPAPER\Receive O&M Budget.wpd 4/8/98 DATE May 13,1998 Page 4 of 6 SUBJ ECT RECEIVE THE 1998-1999 OPERATIONS AND MAINTENANCE BUDGET Engineering: The Engineering Department projects 1997-1998 expenses of $5,014,804 compared to a 1998-1999 budget of $6,810,366, resulting in an increase of $1,795,562 or 35.81 %. This is mainly due to a $1,451,951 increase in Interest Expense because interest payments for the District's COP and State Recycled Water Loan will become an Operations and Maintenance expense next year rather than a capital expense; a $164,790 increase in Technical Services to complete the updating of collection system maps; a $131,243 increase in Salaries & Wages - Non-Management because of greater capitalized salaries in 1997-1998 than anticipated; a $68,700 increase in Operating Supplies, primarily for the Household Hazardous Waste Collection Facility; and a $27,500 increase in Public Information for the cost of a potential Proposition 218 Sewer Service Charge rate increase notification which was not needed in 1997-1998. These increases are partially offset by a $79,197 decrease in Benefits due to increased capitalized administrative overhead in 1998-1999 and by a $58,357 decrease in Salaries & Wages - Management primarily due to the loss of the Planning Division Manager position. CSO: The Collection System Operations Department projects 1997-98 expenses to be $4,307,088 compared to a 1998-99 budget of $4,518,126, resulting in an increase of $211,038 or 4.90%. This is mainly due to a $200,000 increase in salaries for cost-of-living and pay adjustments, and filling two vacant positions; a $104,000 increase in Employee Benefits; and an estimated 3% inflation in materials, supplies, and services. These increases are partially offset by a $84,000 decrease in salaries due to the transfer of a Safety Specialist to the Administrative Department, a $72,000 decrease in Technical Services due to a reduction in the use of temporary agency employees and outside training consultants. Plant Operations & Pumping Stations: The Plant Operations and Pumping Stations Department projects 1997-1998 expenses to be $14,592,866 compared to a 1998-1999 budget of $15,031,916, resulting in an increase of $439,050 or 3.0%. This is mainly due to a $247,655 increase in Employee Benefits, a $114,625 increase in Utilities due to increased natural gas prices and a full year of water reuse, a $64,022 increase in Chemicals due to a full year of water reuse, and a $40,030 increase in Outside Services due to use of a contract instrumentation company to meet maintenance needs of the treatment plant. S:\ADMIN\POSPAPER\Receive O&M Budget.wpd 4/8/98 ~.~_..._-_._-----_._-~-- ,_....._-_._~ DATE May 13,1998 Page 5 of 6 SUBJECT RECEIVE THE 1998-1999 OPERATIONS AND MAINTENANCE BUDGET Any revisions to the 1998-1999 O&M Budget determined at the May 21, 1998 Board Meeting will be incorporated in the budget to be submitted for approval at the June 9, 1998 Board Meeting, at which the following actions are scheduled: . Conduct a public hearing for the collection of the 1998-1 999 Sewer Service Charges on the County tax rolls. . Approve the 1998-1999 O&M Budget, incorporating the established Sewer Service Charge rate. 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Central Contra Costa Sanitary District o & M REVENUES, EXPENSES, AND RESERVES FISCAL YEARS 1996-97 THROUGH 1998-99 (000 Omitted) 1996-97 Actual Current 1997 -98 Projected Revenues: Sewer Service Charge $22,046 $22,611 City of Concord 4,828 4,700 Other 1 , 130 2,371 Total Revenues $28.004 $29.682 Expenses: Total Net Expenses $ 27 . 1 50 $29.645 Fund Balance-Beginning of Year $ 6,697 $ 7,551 ." Revenues Over Expenses 854 37 Fund Balance - End of Year $ 7.551 $ 7.588 Sewer Service Charge Rate $ 188 $ 188 Sewer Service Equivalent S:\BUDGffi 1998-99\O&MRERES.OH.wpd ---"..__.......--~,_..._--~---~"-~-,.._-_._.._._-_..._-_."-._._"" ...--....-.'''".-.---......---..-...-....----.-- 1998-99 Budget $22,770 5,100 3,298 $31.168 $32.827 . $ 7,588 (1,659) $ 5.929 $ 188 145,000 ", Central Contra Costa Sanitary District KEY LABOR COSTS (000 Omitted) 1997-98 Budget 1998-99 Budget Increase IDecreasel Salaries & Wages $14,289 $14,748 459 Retirement 2,650 2,999 349 Medical Insurance 1 ,405 1,465 60 Workers' Compo Insurance 60 122 62 Capitalized Adm. Overhead (899) (1, 164) (265) All Other 1,951 2.018 67 TOTAL LABOR COSTS $19.456 $20,188 $732 ADS\S:\BUDGET\ 1998-99\Keylabor.OH.wpd -----------------...~--~.....,.,_.__.__..._'---~_...__.__..._'~.__.._---~---_....-_..~-- KEY INCREASES 1997-1998 BUDGET TO 1998-1999 BUDGET 1997-1998 BUDGET COP INTEREST SALARIES AND BENEFITS HHW TECHNICAL SERVICES RECYCLED WATER MATERIALS AND SUPPLIES ELECTION EXPENSE ALL OTHER 1998-1999 BUDGET S:\BUDGET\ 1998-99\98&99BUDGETBREAKDOWN.wpd $ 29,280,000 1 ,389,000 731,000 565,000 276,000 213,000 104,000 65,000 204&00 $32.827,000 Q) tn C Q) C. >< W olS CI) ::s c:: CI) > CI) a: :E olS o ... 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I Central Contra Costa Sanitary District Comparison of Budgeted O&M Expenses Fiscal Year 1997-98 and 1998-99 (000 Omitted) Department 1997-98 Budget Administrative $ 5,746 Engineering 4,676 Collection Systems Ops. 4,519 Plant Operations 13,141 Pumping Stations 1 , 198 Total $29.280 S:\BUDGET\ 1998-99\O&MCOMP.OH.wpd 1998-99 Budget Increase < Decrease> Amount % $ 6,467 $ 721 12.5 6,810 2,134 45.6 4,519 0 0 13,713 572 4.4 1.,318 120 10.0 $32.827 $3.547 12.1 % -----"---_."--.~--_.__."_.,._---_.._.._-----~'--'----_.---~-_._-_.__.._- Proposed O&M Budget ADMINISTRATIVE DEPARTMENT 1998-1999 97/98 Budget 98/99 Proposed Budget Increase % $5,746,179 $6,466,621 $720,442 12.54 1 Program Savings ADMINISTRATIVE DEPARTMENT 1998-1999 Budget Reductions/Cuts · General repairs and maintenance for HOB · Major real property repairs, such as: painting and asphalt resurfacing completed · Public information for the Pollution Prevention Program · All other accounts TOTAL 2 Savings ($ 6,000) ($ 23,000) ($ 35,900) .($ 4.700). {$ 69~6001 Special Program Changes ADMINISTRATIVE DEPARTMENT 1998-1999 Transfer of Safety Unit Responsibilities · 1998.1999 O&M Budget transfers Safety Expenditures to the Safety and Risk Management Division of the Administrative Department - 1998.1999 O&M Budget reflects the transfer of Salaries & Benefits, Safety-related items and services from POD and CSO. - Salaries, Wages, Benefits - Safety Program Costs $213,400 58.900 TOTAL $272.300 3 ~--------------->+-'-_......._.~-_....._-_._".+_."'.,~-_.--_.~_._.~~----- O&M Programs ADMINISTRATIVE DEPARTMENT 1998-1999 Proposed Budget 98/99 to Budget 97/98 Program · Salaries, Wages and Benefits: - Safety staff consolidation - Classification changes, MOU and benefits cost increases, including all Retirees Total · Safety Program Costs · Election Expenses 4 $213,400 307,000 $520~400 58.900 65.000 O&M Programs (continued) ADMINISTRATIVE DEPARTMENT 1998-1999 · Utilities: - Telephone, new lines and increased usage $ 12.000 · Professional and Legal Services: - Legal fees in Human Resources, Central Services and Finance areas 20.000 · Outside Services: - Contractual cost increase for Reprographic Services contractor - Consulting services, including strategic planning, supply management program, AS/400 Year 2000 compliance, and sexual harassment training - Recruitment advertisement costs, and services otsearch firm(s) · All Other Expenses: 12.000 51.600 18.000 35.300 TOTAL $793~200 5 Proposed O&M Budget ENGINEERING DEPARTMENT 1998-1999 1997 -98 Budget 1998-99 Proposed Budget Increase % $4,676,067 $6,810,366 $2,134,299 45.64 Cost Comparison Budget to Budget ENGINEERING DEPARTMENT 1998-1999 Salaries & Wages - MGT. & Non MGT. · HHW Staff · Lower number of Co-ops/SS · Eliminate MGT. Position · Changes in orr and Capital charges Benefits Proposed 98/99 Budget to 97/98 Budget <$19,011 > · Changes to Capital Overhead Utilities/Hauling & Disposal · Utilities · Janitorial Service for HHW Facility · Hazarduos Waste Disposal Outside services · Mapping Services Materials and Supplies · HHW Supplies Interest Expense · Interest on COP/Recycled Water loan <144,956> 590,525 154,190 90,454 1,451,951 All Other 11.146 J2.134.299 Proposed O&M Budget COLLECTION SYSTEM OPERATIONS DEPARTMENT 1998-1999 1997 -98 Budget 1998-99 Proposed Decrease % $4,518,862 $4,518,126 $736 0.02 O&M Programs PLANT OPERATIONS DEPARTMENT 1998-1999 Program Proposed 98/99 Budget to 97/98 Budget General and Inflationary Increases: · Salary and Wages · Benefits Chemicals Utilities · Natural Gas · Landfill Gas · Electrical Maintenance · General & Computer Repairs .' · Outside Repairs Outside Services · Technical Services · Other $ 176,925 130,519 74,220 264,324 44,625 (207,991 ) 19,280 103,400 80,780 6,707 $692,789 Program Savings or Deferred PLANT OPERATIONS DEPARTMENT 1998-1999 Budget Reduction/Cuts Savings Utilities · Electrical $ 207,911