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HomeMy WebLinkAboutAGENDA BACKUP 06-09-98 ~ \"entral Contra Costa Sanitaa '/ District BOARD OF DIRECTORS 111...111.11111.1:1'1111111:111.111...1.1 BOARD MErn~~~e 9, 1998 Page 1 of 2 NO. 4. CONSENT CALENDAR d DATE TYPE OF ACTION May 18,1998 ACCEPT CONTRACT/AUTHORIZE NOTICE OF SUBJECT ACCEPT CONTRACT WORK FOR THE PAVEMENT REFURBISHMENT - PHASE I, DISTRICT PROJECT 6074, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION SUBMITTED BY James L. Belcher, Senior Engineer INITIATING DEPTiOtV Plant Operations/Operations ISSUE: Construction has been completed on the Pavement Refurbishment Phase I Project, District Project 6074, and the work is now ready for acceptance. BACKGROUND: The employee's north parking lot was installed in 1982 and was at the end of its expected lifespan. In recent years, numerous areas of pavement had failed (approximately 3,500 square feet), and the remaining area (approximately ~ acre) showed signs of severe fatigue. This project replaced the failures with deep lift paving sections and installed a petromat fabric with a 1-1/2- inch asphaltic concrete overlay over the entire parking lot (see Attachment I for project location). Additional information can be found in the 1997-98 Capital Improvement Budget (CIB) on pages TP69 through TP70. The Board of Directors authorized the award of a construction contract for this phase in the amount of $38,591 to B&B Grading and Paving on April 2, 1998. The contractor was issued a Notice to Proceed, which was effective May 4, 1998, with a required contract completion date of May 19, 1998. The District took beneficial use of Phase I on May 11, 1998, with all work for Phase I being completed on May 18, 1998. It is appropriate to accept the contract work at this time. The total authorized budget for Phase I of this project is $102,550. An accounting of this phase of the project will be provided to the Board of Directors at close out. RECOMMENDATION: Accept contract work for construction of the Pavement Refurbishment Phase I Project, District Project 6074, and authorize the filing of the Notice of Completion. JM< ROGER J. DOLAN ~Mt- s:X ids\ 1998\607 4\NtcComplnPPr5 :\8105\ 1998\607 4\NtcComplnPPr. wpd 4/8/98 c :3 o ... .... o <0 '" .. ~ < '" ~ Central Contra Costa ~ Sanitary District ... ~ MAIN GATE I II II II II II II II II II ;,'/ o t1 II II II II II II II II (,7 II / / / / II ;I ;I II / ,I .., en ~ 9i ::E .;., ... PAVEMENT REFURBISHMENT - PHASE I DISTRICT PROJECT 6074 PROJECT LOCATION ATTACHMENT 1 -_.-----~---_.,,-_..~._---------~.~--'_._..._--"'-~>^.,--_._-~"-,.-'''', ....--...-.... ...-.., ......- .~.._--~--_._,--_.._-_._--,_....,..._..~.__._._.._---".~---.- .-.------........."- ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS J'i.111111!lllliiili:lll.mlll:l.i:..:!J!i:1 BOARD MEETIJ~~e 9, 1998 Page 1 of 1 NO. 4. CONSENT CALENDAR e DATE TYPE OF ACTION June 1, 1998 AUTHORIZE ATTENDANCE SUBJ ECT AUTHORIZE THE ATTENDANCE OF JONALEA OSTLUND, CHEMIST II, AT THE JUNE 18 AND 19, 1998, NORTHWESTERN ANALYTICAL INC., (f'NVA) TRAINING SEMINAR IN PORTLAND, OREGON, AT A COST OF $1,300 SUBMITTED BY Bhupinder Dhaliwal, Laboratory Superintendent INITIATING DEPTIDIV Plant Operations/Operations iSSUE: Specific approval by the Board of Directors is required for travel outside of California if the expense will exceed $500 and if the activity was not included in the current year Operations and Maintenance Budget. BACKGROUND: In 1992, the District Laboratory purchased a Ouality Assurance/Ouality Control (QA/OC) software package from Northwestem Analytical Inc. (NWA). This software has been used to maintain and process the District Laboratory's QA/OC data. With the help of this system, the Laboratory routinely monitors the QA/OC program. The Laboratory prepares statistical QA/OC charts and reports. This system was upgraded approximately two years ago. Currently, the Laboratory is in the process of linking NWA with Laboratory Information Management System (L1MS). Once that project is completed, the District Laboratory will use the NWA system through L1MS. The NW A system has a lot of QA/OC data storage and processing potential that we have never fully exploited. NWA has recently announced a training program on managing and use of an NWA system. The training is scheduled for June 18 and 19, 1998, in Portland, Oregon. Jonalea Ostlund is the District's QA/OC Coordinator. In this position, she handles, interprets, and prepares OA/OC reports using the NWA system. This training will be beneficial to maximize the use of the NWA system and will enable us to link NWA with L1MS. There are sufficient funds in the L1MS Project budget (DP 6107) to cover the cost of her attendance at this seminar. RECOMMENDATION: Authorize the attendance of Jonalea Ostlund, Chemist II, at the f'NVA Training Seminar in Portland, Oregon, on June 18 and 19, 1998, at a cost of $1,300. BSO DJC JMK INITIATING DEPARTMENTIDIVlSION !SSP 7Jf~ 8~ S:\POSPAPR\ 1998-99\Ostlund.wpd 4/8/98 _.~--,----~---.~_._--'-_._-^_.-._.,-_._'-_..._._--'_..-_.._"."._-------------,------'~---- ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 6 BOARD MEETING OF June 9, 1998 NO. 5. HEARINGS a. DATE June 1, 1998 TYPE OF ACTION CONDUCT HEARING SUBJECT CONDUCT A PUBLIC HEARING TO ESTABLISH REIMBURSEMENT FEES FOR THE LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 SUBMITTED BY Jay S. McCoy, Environmental Services Division Manager INITIATING DEPT/DIV Engineering Department/Environmental Services Division ISSUE: A public hearing is needed to establish fees. BACKGROUND: The work to install sewer improvements in Leona Court through the Leona Court Contractual Assessment District (C.A.D.) No. 97-2 has been completed. The final assessments for the four participating property owners were established by the Board on May 7, 1998. There are four other property owners on Leona Court who may connect their homes to the sewer built under Leona Court C.A.D. No. 97-2. These owners have not participated in paying for the sewer improvements. They are categorized as nonparticipants. If and when these nonparticipants connect their homes to the sewer in Leona Court, a reimbursement fee will be collected from each of them. The reimbursement fees will equalize the investment in, and fairly and equitably distribute the cost of, the sewer improvements in Leona Court between the participating and nonparticipating owners. Establishment of the reimbursement fees must be done by the Board in conjunction with a public hearing. At its meeting on May 7, 1998, the Board established June 9, 1998, as the date for such a public hearing. As the four nonparticipants connect their homes, each nonparticipant will be required to pay standard "connection fees" consisting of capital improvement and connection fees. In addition a reimbursement fee will be collected from each nonparticipant and will be used to equalize the assessments for the participants and the subsequent connectors. At any point in time, the reimbursement fee will equal the resultant assessments (prior assessment less a portion of the reimbursement fee). As illustrated on the attached table, each participant's assessment (if paid over ten years) is $18,648. These assessments were established by the Board on May 7 for the four participants. When the first nonparticipant connects their home, a reimbursement fee of $14,918 will be collected and divided equally between the four participants such that all four participants' assessments will be reduced to $14,918. At that time the four participants and the new connector will have the same financial obligation. H:\JAY\LEONACD2\Hearing Reimb Chg.PP.wpd 4/8/98 DATE June 1, 1998 Page 2 of 6 SUBJECT CONDUCT A PUBLIC HEARING TO ESTABLISH REIMBURSEMENT FEES FOR THE LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 The reimbursement fees are summarized below: Nonparticipant Connection Reimbursement Fee First Second Third Fourth $14,918 $12,432 $10,656 $ 9,324 These reimbursement fees are fixed for a 30-year period. The 30-year period was established in the agreement between the participants and the District. The reimbursement fees will not be collected after the year 2028. RECOMMENDATION: Adopt a resolution establishing reimbursement fees for Leona Court C.A.D. No. 97-2. H:\JAY\LEONACD2\Hearing Reimb Chg.PP.wpd 4/8/98 tJ) w W LL I- Z w ~ w tJ) e:: :J D3 ~ W a: N I ....... 0) . o z . c . <I; U l- e:: :J o u <t z o W ...I c ~ w aJ o I- ~ Z w ::!: U) U) w U) U) <t ...I ;: o l- II N en it) ~ ..... 0- U) 0:: ~ > Z w I- 0:: w > o c ~ ~ I- Z w ::!: U) U) W U) U) <t II ~ ai ~ 0- ... 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C'.I M '<t LD <<> " CO m RESOLUTION NO. 98- RESOLUTION ESTABLISHING REIMBURSEMENT FEES DEMONSTRATION PROJECT -- LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 The Board of Directors of the Central Contra Costa Sanitary District resolves: This Board established final assessments for the Demonstration Project -- Leona Court Contractual Assessment District No. 97-2, Central Contra Costa Sanitary District, Contra Costa County, California, on May 7, 1998, and now makes the following findings and orders. 1 . The Board found that the owners of four properties on Leona Court (addresses 109, 117, 132, and 140) have not participated in paying for the sewer improvements installed in Leona Court through the Leona Court Contractual Assessment District No. 97-2. 2. The Board determined that the collection of reimbursement fees from the owners who did not participate in paying for the sewer improvements will equalize the investment in, and fairly and equitably distribute the cost of, said seyver improvements among all owners on Leona Court. 3. The Board established June 9, 1998, as the date for a public hearing to establish reimbursement fees for Leona Court Contractual Assessment District No. 97-2. 4. Notice of the public hearing was provided to the affected property owners. U:\Admin\McCoy\RESREIMB. WPD Resolution No. 98-_ Page 2 5. At the time and place for which notice was given, the Board conducted a public hearing and gave every person present an opportunity to comment on and object to the proposed reimbursement fees. 6. The Board finds that no written or oral protests against the proposed reimbursement fees were made. 7. The Board further finds that the following reimbursement fees, when collected, will equalize the investment on and fairly and equitably distribute the cost of, the Leona Court sewer improvements among all eight owners on Leona Court. Connection by Owner Who Did Not Participate Reimbursement Fee Rrst $14,918 Second $1 2,432 Third $10,656 Fourth $ 9,324 8. This Board orders the establishment of the reimbursement fees described in paragraph 7 and the collection of said fees as a condition of sewer connections for 109, 117, 132, and 140 Leona Court. These fees will be in effect until June 9, 2028, after which time the fees will be void. If a sewer connection from 109, 117, 132, or 140 Leona Court is made after June 9, 2028, no reimbursement fee will be collected. U :\Admin\McCoy\RESREIMB. WPD Resolution No. 98-_ Page 3 PASSED AND ADOPTED this 9th day of June, 1998, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa State of California APPROVED AS TO FORM: U :\Admin\McCoy\RESREIMB. WPD James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Kenton L. Aim District Counsel ~ C "0 ~ o c o .. ~ a. .. u ..,;; o 100 FEET .. (5 u '" · Central Contra Costa Sanitary District / Reimbursement Fee $14,918 $12,432 $10,656 $ 9,324 ; PLAN OF IMPROVEMENT LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT C.A.D. NO. 97-2 .... '" l!! ~ ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ........ .. ... .. .. . ......... .. ............ ... ............ ............ ................. ::rnleS'es'lml"'.a;:.::rn:Kmrscn:::::mm BOARD MEETING OF ~\?~!~~~::::~~~~~~~~~L).~~:~I~~f~m.f0~~~:~~t~r~ June 9, 1 998 Page 1 of 1 7 NO. 5. HEARINGS b. DATE TYPE OF ACTION June 1, 1 998 CONDUCT PUBLIC HEARING SUBJ ECT CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE 1998-1999 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF-INSURANCE FUND BUDGET AND ON PLACING THE SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTJDIV Administrative/Finance & Accounting .ISSUE: The District Codes and State law require holding Public Hearings to place the Sewer Service Charges on the County tax roll for collection. BACKGROUND: The 1998-1999 Operations and Maintenance (O&M) Budget was submitted for review at the May 21,1998 Board Meeting. A detailed presentation was made to the Board at that meeting, and a copy of the overheads that were used is attached. (See Attachment I.) Staff received guidance from the Board at the February 19, 1998 Board Meeting to calculate the budget revenue on the basis of holding the Sewer Service Charge constant at the current rate of $188 for the 1998-1999 Budget, allocating $157 to fund O&M expenses, and $31 to the Sewer Construction Fund to help defray capital expenditures. Notice of the June 9, 1998 Public Hearing to consider collection of the 1998-1999 Sewer Service Charges on the County tax roll was duly given. It is recommended that two separate hearings be held to consider the matters described. Hearing to receive public comment on the 1998-1999 Operations and Maintenance (O&M) Budget and Self- Insurance Fund Budget: The 1 998-1999 O&M Budget and Self-Insurance Fund Budget were submitted to the Board of Directors for initial review at the May 21, 1998 Board Meeting and the April 16, 1998 Board Meeting respectively and are scheduled for approval at the June 9, 1998 Board Meeting. The Board established the Sewer Service Charge to remain at $188 at the February 19, 1998 meeting. Hearing to consider collection of the 1998-1999 Sewer Service Charges on the County tax roll: The law requires that a Public Hearing be held each year before the Sewer Service Charge can be placed on the County tax roll. The Sewer Service Charge has been collected on the County tax roll since inception of the service charge in 1976. Collection on the tax roll provides the most economical and efficient means for the District to collect the charges for approximately 98,000 accounts. INITIATING DEP~SION PM DR 5 :\ADMIN\POS P APER\O&MSELF. PP 9/16/96 DATE June 1, 1998 Page 2 of 17 SUBJECT CONDUCT PUBLIC HEARING S TO RECEIVE PUBLIC COMMENT ON THE 1998-1999 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF-INSURANCE FUND BUDGET AND ON PLACING THE SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION Effective with the 1982-1983 fiscal year, Contra Costa County imposed a fee for collecting the Sewer Service Charge on the tax roll. The County fee, which approximates $80,500 annually, is still more economical than the alternative of direct billing by the District. RECOMMENDATION: Conduct two separate Public Hearings and upon their respective conclusions, take the following actions, if considered appropriate: . Approve the 1998-1999 Operations and Maintenance Budget and Self-Insurance Fund Budget. . Approve a resolution authorizing collection of the 1998-1999 Sewer Service Charges on the County tax roll. Attachment I Page 3 of 17 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:\BUOGffi 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 Page 4 of 17 Central Contra Costa Sanitary District KEY LABOR COSTS (000 Omitted) 1997-98 Budget 1998-99 .Budget Increase {Decrease 1 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\ 1 998-99\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 Page 5 of 17 $29,280,000 1,389,000 731,000 565,000 276,000 213,000 104,000 65,000 204.,000 $32.827.000 Page 6 of 17 SJelloa - w- - 0 0 0 0 0 (1) 0 0 II) II) 0 C) ~ ll::t M N ..... ..... ca W- W- W- W- W- J: CI.) ! (.) 0) UJ ~ (1) (.) co "S: s::: 0) ~ G) CI.) en co "- C. ~---------------------~~~- -~ C1) I ...... 3: >< 0) (1) i en I W ...... , I 0) I ----r -- ...... co ~ , 0) i I I I CD CI.) 0) _____.__1 ---~----~- ..... Lt) :::::I 0) - 0 0 s::: Lt) 0 ~ n O)CtS 0 CI.) ~CI) 0 0 > 0)> W- - - CtS C1) CI.) ll::to en O)U) c: a: M"- G) 0)L1. Co >< w :E M I ~ . ~ 0) I 0 N ~ ..... .... 0) - 0 (.) 0 ..... 0 n -- ~ 0 l- e 0 0) 0 .... W- UJ - 0 (1) ~ -- 0) c: C -- -....... I 0) G) I Q) > I i C1) a: ll::t N 0 co CD ll::t N M M M N N N N I W- W- W- W- W- W- W- (SUO!lI!W) sJelloa . I Page 7 of 17 Central Contra Costa Sanitary District Comparison of Budgeted O&M Expenses Fiscal Year 1997-98 and 1998-99 (000 Omitted) Department 1997 -98 Budget 1998-99 Budget Increase < Decrease> Amount % Administrative $ 5,746 $ 6,467 $ 721 12.5 Engineering 4,676 6,810 2,134 45.6 Collection Systems Ops. 4,519 4,519 0 0 Plant Operations 13,141 13,713 572 4.4 Pumping Stations -L198 1,318 ---.12!L 10.0 Total $29.280 $32.827 $3.547 12.1 % S:\BUDGm 1998-99\O&MCOMP.OH.wpd Page 8 of 17 Proposed O&M Budget ADMINISTRATIVE DEPARTMENT 1998-1999 97/98 Budget 98/99 Proposed Budget Increase % $5,746,179 $6,466,621 $720,442 12.54 Program Savings Page 9 of 17 ADMINISTRATIVE DEPARTMENT 1998-1999 Budget Reductions/Cuts · General repairs and maintenance for HOB · Major real property repairs, such as: painting and asphalt resurfacing completed · Public information for the Pollution Prevention Program · All other accounts TOTAL Savings ($ 6,000) ($ 23,000) ($ 35,900) [$ 4.700). {$ 69.6001 Page 10 of 17 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 O&M Programs Page 11 of 17 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 $213,400 307,000 $520.400 58.900 65.000 Page 12 of 17 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 Page 13 of 17 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 Page 14 of 17 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 Proposed 98/99 Budget to 97/98 Budget <$19,011 > Benefits · 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 $2.134.299 Page 15 of 17 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 Page 16 of 17 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 Page 17 of 17 Program Savings or Deferred PLANT OPERATIONS DEPARTMENT 1998-1999 Budget Reduction/Cuts Savings Utilities · Electrical $ 207,911 ~ BOARD OF DIRECTORS :1:11.111~11111111111111:.III.III~I.::II..I.I:.:111111.!.:.!.:\ BOARD MEETING OF Central Contra Costa Sanitary District Page 1 of 3 NO. MAY 19,1998 5. HEARINGS c. DATE TYPE OF ACTION CONDUCT PUBLIC HEARING, APPROVE CIB/CIP SUBJECT CONDUCT A PUBLIC HEARING ON THE DRAFT FISCAL YEAR 1998-99 CAPITAL IMPROVEMENT BUDGET (CIB) DRAFT 1998 TEN-YEAR CAPITAL IMPROVEMENT PLAN (CIP), APPROVE THE 1998 CIP, AND APPROVE THE CIB FOR INCLUSION IN THE 1998-99 DISTRICT BUDGET SUBMITTED BY John J. Mercurio, Management Analyst INITIATING DEPTIDIV Engineering/Environmental Services ISSUE: The Board of Directors has established June 9, 1998, as the date for a public hearing on the draft Fiscal Year 1998-99 CIB/1998 Ten-Year CIP. Separate Board approval of the CIP and the CIB for inclusion in the 1998-99 District Budget is requested. BACKGROUND: The CIP provides the basis for project prioritizing and scheduling, staffing, and long-range financial planning. The CIP also serves as the framework for capital fee decisions. The draft 1998 CIP covers the ten-year period from 1998-99 through 2007-08. The draft plan includes expenditures totaling $199.9 million (1998 dollars) over ten years. The CIB provides a detailed presentation of the schedules and cost estimates for projects proposed for the first year of the ten-year planning period. It also provides for the Board's authorization of funds from the Sewer Construction Fund to the Treatment Plant, Collection System, General Improvements and Recycled Water Programs. A review draft CIB/CIP was submitted to the Board of Directors on April 2, 1998. A Board Workshop to discuss the review draft was held on April 13, 1998. It is appropriate for the Board to receive comments from the public prior to considering approval of the CIB/CIP. June 9, 1998, was established by the Board as the date for a public hearing to receive these comments, and appropriate notices have been posted and published. A revised draft incorporating corrections and changes discussed at the workshop was prepared and distributed to the Board under separate cover. Capital Budget Authorization Adoption of the CIB with the 1998-99 District Budget will authorize an additional $25,952,000 from the Sewer Construction Fund for planning, design, and construction of capital improvement projects in the Treatment Plant, Collection System, General Improvements and Recycled Water Programs. In addition to the new funding authorization, a carry-over of approximately $32,118,000 from Board authorizations in previous years is anticipated, resulting in a total Fiscal Year 1998-99 authorized funding level of $58,070,000. The distribution of the funding authorization to the four capital improvement programs is shown on Attachment 1. JJM Y4~ INITIATING DEPARTMENTIDIVlSlON k JSM H:\DA T A \POSPAPER\CIPCIB98-99 .PPR. wpd 9/16/96 _______M_______,..__.____~___~._~____..___,."_.._..._--.---.----.-..,.-..--...-...--,,-+.---....-...-~.---.....-,-.-..~,..-, ..---.-,..-,-.,.----~._---_..-_._'->- DATE May 19, 1998 Page 2 of 3 SUBJECT CONDUCT A PUBLIC HEARING ON THE DRAFT FISCAL YEAR 1998-99 CAPITAL IMPROVEMENT BUDGET (CIB) DRAFT 1998 TEN-YEAR CAPITAL IMPROVEMENT PlAN (CIP), APPROVE THE 1998 CIP, AND APPROVE THE CIB FOR INCLUSION IN THE 1998-99 DISTRICT BUDGET Ten-YearCap~aIPmn In order to accommodate the cash-flow needs resulting from the timing of required expenditures versus the receipt of revenues, the Sewer Construction Fund is currently managed to have a prudent reserve of 75 percent of the following year's anticipated project expenditures plus 100 percent of debt retirement service at the end of each fiscal year (June 30). The draft 1998 CIP includes $63.7 million (1998 dollars) for Treatment Plant projects (32% of total expenditures), $123.0 million for Collection System projects (62% of total expenditures), $6.8 million for General Improvements projects (3% of total expenditures), and $6.4 million for Recycled Water projects (3 % of total expenditures) over the next 10 years. The District's practice of allocating a portion of the annual Sewer Service Charge for capital facilities upwade and replacement was first instituted in 1992-93 at $5 per Residential Unit Equivalent (RUE). This component was increased to $25/RUE in 1993-94, to $28/RUE in 1994-95, and to $31/RUE in FY 1995-96. This component amount has remained stable since FY 1996-97, and is proposed to be continued without an adjustment in FY 1998-99. Staff has evaluated the CIB/CIP and concluded that they are exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines Section 17.3, since they are planning studies. Board of Directors' approval of the budget and plan will establish their independent finding that these documents are exempt from CEOA. RECOMMENDAll0N: Conduct a public hearing to receive comments on the CIB/CIP. Approve the draft 1998 CIP. Approve the CIB for inclusion in the 1998-99 District Budget. ATTACHMENT 1 Page 3 of 3 CAPITAL IMPROVEMENT BUDGET SUMMARY FY 1998-99 Carry Over Additional Total Program From Authorization Proposed FY 1997-98 Requested Authorization Treatment Plant 6,323,000 9,119,000 15,442,000 Collection System 25,320,000 15,299,000 40,619,000 General Improvements 258,000 954,000 1,212,000 Recycled Water 217,000 580,000 797,000 Total FY 1998-99 32,118,000 25,952,000 58,070,000 ----_.,--_._~~------------"---'--_. ..-.------.-- I---l \0 ~ n \0 ~ ~ 00 ~ n Io-ol . Q.. to f""+ ~ a ~ ~ Io-ol . 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() ~ () N ~ ....... ~ (1) t-+- (1) ~ ~ ....... ..... . Q.. ~ 0 a t . I--' · ~ .g = ~ 0 ~ rLJ. ....... t::1 S a ~ ~ ~ 0 (1) 0 00 < t-+- t-+- Hj ~ ~ (1) (1) > s s ~ (1) 0.. 0 a 0- -< I--' · 00 f'""+- (D I--' · 0 S t::1 ~ CD I--' ~ t:i S ~ ~ OJ {t; 0.. N ~ V'J ~ Ul Ul \0 . . .... .... .... ~ \0 Ul \0 N ~ Ul 00 Ul \0 ~ (JQ ~ 0 ~ \0 \0 (D .... .... .... .... .... 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 GOALS Ye{(:Y:t:.:.sr{.:~-:<<:""{.:.:~..:trL~.sra:::::.:-:Y"-:m.:.~&<<:::~.:::::::::t::~:W-~....::=.w%X:::W:.w~..x::-:$::"~*~~:::t="${~:$":=:r&::r::::::-::"~:~~{~::"::r-:::::~{~~:~ii:LEi~::' · Protect Public Health and Environment · Accommodate Planned Future Growth · Respond to Community Concern MAJOR GOALS COST SUMMARY 1998 TEN- YEAR CAPITAL IMPROVEMENT PLAN COLLECTION SYSTEM PROGRAM ~.<<@~--*?::::-{f.:"{x:rRmf..W@;.:::{{f%:#"W.<<::?::;:-{::::-~;-:::::&~h?S*f.:X:f:::::::'::3X::::::*:::::?"X:::::'"::::::::::ff;;::;:;::"f.:"1@::::::::::;:::X:::::;::::;"::~W;::'-::({~::::@.<<:w:W.4r.-:::f::::::::::-{:::::f{::::-:?::::*,g~W'"ff..:e:::-..x:::::r..wGW&f.:"~::X MA.fOR GOALS PRO.fRCT GOAT,S COSTS (199R$) $ 80,549,000 PROTECT PUBLIC . ELIMINATE SEWER OVERFLOW FROM A FIVE- HEALTH AND YEAR RETURN STORM EVENT BY 2005 ENVIRONMENT . ELIMINATE SEWER OVERFLOW FROM A 20- YEAR RETURN FREQUENCY EVENT BY 2015 ACCOMMODATE FUTURE GROWTH . PUMPING STATION IMPROVEMENTS - IMPROVE RELIABILITY; AVOID OVERFLOWS TO EBMUD WATERSHEDS - EXPAND CAPACITY TO ELIMINATE SEWAGE BYPASSES . INCLUDE CAPACITY TO ELIMINATE WET WEATHER SEWAGE OVERFLOWS TO ACCOMMODATE FUTURE GROWTH PROJECTED TO "BUILD OUT" IN EACH SEWER'S TRIBUTARY AREA 29,644,000 RESPOND TO COMMUNITY CONCERNS . REPAIR OR REPLACE FACILITIES WHICH CURRENTL Y REQUIRE EXCESSIVE MAINTEN ANCE . REDUCE O&M CO STS . CONTROL ODOR EMISSIONS 12,777,000 TEN- YEAR TOTAL $17.7. 970000 MAJOR GOALS COST SUMMARY 1998 TEN- YEAR CAPITAL IMPROVEMENT PLAN TREATMENT PLANT PROGRAM m:::::,::,:iW([awX&,::::::::-::::""-m*,::I::::~,,;-:ml",E:::i:1lilEl mm::m:mlc::o:m iiiim ::I:m: -IIi!! 1iC111I1 lie,,, lilllI mil ljE1EI Iii !jiii :elll -iiill II:m !Ii; me;: mr:iElil::::,illl iiii:: "*'*' MAJOR ("-.OAT S PRfiTFrT (,,-.OATS ("l)S1S (1~$) PROlECT PUBUC . REDU::EHEADWORKS RAW SEWAGE BYPASSES 10 $ 47,831,000 lEALlHAND BEN) MOOEFREQUENT 1HAN OM:E IN 20 YEARS ENVIRONMENT . IMPROVE PlANT WEfWEAlliERFLOW HANDLING CAPAOlY . UPGRADEEMISSICNS CCNfROL SYSIEMS ill MEET AIRPCllUIICN REQUIREMENTS ACCU\1MODA1E . EXPAND PRIMARY; SECUIDARY, AND SCUDS 9,175,000 RJIlJRE GROWIH 1REA1MINfFACIUIlES RESPONDID . CDNSIROCf (]X)RCONIRCL FACILITIES 6,703,000 COMMUNITY . REIllCE <:m1 cnSfS CO~ 1EN- YEAR JUrAL $ 63,700,000 MAJOR GOALS COST SUMMARY 1998 TEN- YEAR CAPITAL IMPROVEMENT PLAN RECYCLED WATER PROGRAM "im::!'" "m,:e ..,:T:;;:!i .,e-:':"[--"",?'W'-;=T',::m!C:, ",i!:ui:c;":::i:'!'r((&:<<::<]i""":":::,i2!f1l ;;,'!!;,;mor':!!-l!m:m?'l:: :li:es: :ei!!!ilmme:m:e:!l?-m:e ::mm: mi ilIm mil!!!: imrm:l':m,!:mm MA.TOR GOALS PROTECT PUBLIC HEALTH AND ENVIRONMENT RESPOND TO COMMUNITY CONCERNS PRO.fRCT GO AT,S . MEET STATE DEPARTMENT OF HEALTH SER VICES TITLE 22 REQUIREMENTS FOR RECYCLED WATER . PRODUCE RECYCLED WATER QUALITY SUITABLE FOR INDUSTRIAL USES . REDUCE DEMAND FOR FRESH WATER DIVERSIONS FROM THE DELTA BY SUPPLYING RECYCLED WATER · MAXIMIZE USE OF EXISTING DISTRICT RECYCLED WATER F ACIUTIES . COORDINATE WITH WCAL WATER DISTRICTS . MINIMIZE DROUGHT IMPACTS ON LOCAL ECONOMY . INCREASE SUPPLY AND RELIABILITY OF RECYCLED WATER FOR IRRIGATION USES TEN- YEAR TOTAL COS TS (199R$) $ 4,819,000 1,570,000 $6 3&9 000 MAJOR GOALS COST SUMMARY 1998 TEN- YEAR CAPITAL IMPROVEMENT PLAN GENERAL IMPROVEMENTS PROGRAM ~:wY$>>"'::~*~~.&:?5!' ::.;;::: "~r. ::: n~~~~-:-~~-:-:-:-;-:.::*".::;::;:~~*"~:=:=:=~~~::-.::=:;:=:::;:;:;:::;::==:;:;.;::==:::::::;:;:x*=:::ili::::::::W&--*t.r&r4it?-&-"&;:::::?::"~ff$';::::~~~"'::;:;-;'i.?'.?''''::;::=*"/..::::::::~<<.w~::: M A.TOR r.OA T.S PRO.TRCT r.OAT.S COS TS (199R$) PROTECT PUBLIC · PROVIDE SAFETY IMPROVEMENTS AND HEALTH AND TECHNICAL EQUIPMENT ENVIRONMENT $2,063,000 RESPOND TO . INCREASE EFFECTIVENESS OF MAP COMMUNITY PRODUCTION AND DATA MANAGEMENT CONCERNS 4 77() 000 · REDUCE O&M COSTS TEN-YEAR TOTAL $() R19 000 --'---'---'--"-'.~~'-""'-"'---'---_._._------_..,_.-.--.----.- .-.----.--------..-------.-- FISCAL YEAR 1998-99 MAJOR PROJECTS i>Sii.mm:w.lC:m.,"" EO""" ~<<:lW=)"..; ,",,",:em Im!""l" ,,;m>.;;::iJ:..::iiUt3::,,::a.:::,~ ::: Em; i ::,,, ~!lL::: ':::lS>~~~Al · South Orinda Sewers Improvements ($4,630,000) -These improvements will provide additional wet weather relief capacity for the existing sewers in Moraga Way and Glorietta Boulevard. It will also eliminate numerous structural deficiencies and maintenance problems. · Martinez Eastside Trunk Sewer ($3,805,000) - An existing trunk sewer will be enlarged to provide wet weather capacity and eliminate overflows. Tributary main sewers will be replaced or rehabilitated. · Pleasant Hill Interceptor-Phase 4 ($2,985,000) -These improvements will provide additional peak wet-weather relief capacity for the Contra Costa Boulevard interceptor and reduce the potential for overflows. FISCAL YEAR 1998-99 MAJOR PROJECTS ~)X)) . (~~ ::~:x.::r.(~~~r-:J.'b>>Z<<q/"":<<-W<-::~~~4;~I~r~~~:::~w$":f{::r@':;~-:;:;:;:~~x::r{==-;;:$.:$.:==rx;:!*::::~~~;:;:~::::::~m~rn-~~ef"~-<<<<f~:-:=r~~~ · Dougherty Tunnel and Trunk Sewers ($2,523,000) -A tunnel approximately 4,800 feet in length and a trunk sewer 3,000 feet in length will be constructed to convey wastewater from the proposed 1 0,000 unit Dougherty Valley development to the San Ramon Pumping Station. · Treatment Plant Seismic Upgrade ($2,148,000) -This project will modify treatment plant processes, equipment, and structures to maintain predetermined levels of service after an earthquake. · 1997-98 Cured-In-Place Pipe ($1,050,000) -This project will rehabilitate existing deteriorated sewers, reduce the amount of rainfall entering the collection system, and control future maintenance requirements. FISCAL YEAR 1998-99 MAJOR PROJECTS W-)ID"{:$-::::W-&:~~{{{w.&:.:m:.~;.;:w.w.&W#.4'.w-{{{:@"~{>>l1<J':":u:J..;r.:::::m,:ew~-er~:ffi,ffz>>>*,)~A"'':;::'::)~~>>:@.&~<<.~%~%~~~.&I!!e!:$.w-#$~.w. · Treatment Plant Soil Remediation ($807,000) -This project will implement a program to remediate soil contamination at the treatment plant due to petroleum sludge deposits. · Ash Handling Improvements ($771,000) - The operation of the ash system will be improved by replacing and upgrading much of it. ~'-_._-------------~-----_.__._._-_._,----_.. _._..,_._.__._-.,....._,-~---~-_._--- ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 6 BOARD MEETING OF NO. June 9, 1998 7. BIDS AND AWARDS a. DATE TYPE OF ACTION June 2,1998 AUTHORIZE AWARD, APPROVE AGREEMENT SUBJECT AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO McGUIRE AND HESTER AND AUTHORIZE AN AGREEMENT WITH DCM/JOYAL ENGINEERS FOR THE MARTINEZ EASTSIDE TRUNK SEWER IMPROVEMENTS PROJECT, DISTRICT PROJECT NO. 4950 SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPT/DIV Engineering/Environmental Services ISSUE: On May 20, 1998, sealed bids were received and opened for construction of the Martinez East Side Trunk Sewer Improvements Project, District Project No. 4950. The Board of Directors must authorize award of the contract or reject bids within 50 days of bid opening. Board of Directors authorization is required for the General Manager-Chief Engineer to execute professional services agreements for amounts greater than $50,000. BACKGROUND: The Martinez East Side Trunk Sewer Improvements Project is a joint project between the District and the City of Martinez (City). A joint project agreement was approved by the Board of Directors on April 16, 1998. The District's portion of the project will replace 19,000 feet of deteriorated sewers in downtown Martinez with new sewers ranging in size from 8 inches to 24 inches in diameter. The City's portion of the joint project will be street and storm drain improvements along Pine Street. The joint project location is shown in Attachment 1. The estimated cost of the joint project is $6,750,000, which consists of $6,640,000 for the District's sewer improvements and $110,000 for the City's street improvements. Construction will begin in July 1998 and extend for 14 months. District staff has met with City staff, Chamber of Commerce representatives, and local merchants to discuss the joint project and the related construction impacts. Concerns centered on traffic control, business disruption, and effects on planned special events. The project specifications have incorporated mitigation measures to address these concerns. To be able to be responsive to merchants' and residents' concerns during project construction, a construction field office is proposed for the downtown area. District construction administration and community liaison staff plan to work out of this field office. The plans and specifications for the District portion of the joint project were prepared by District staff. Plans for the City's portion were prepared by Zumwalt Engineering. This project was advertised on April 16 and 22,1998. Four (4) sealed bids ranging from $5,540,261 to $7,189,129 were received and publicly opened on May 20, 1998. A summary of bids received is shown in Attachment 2. Engineering Department staff conducted a technical and commercial review of the bids and determined that the bid submitted by McGuire and Hester is the lowest, responsible bidder. The City has authorized the District to award the street improvements portion of the work to McGuire and Hester. INITIATING DEPARTME /1# JSM 9/16/96 H :\PP\AUTH4950 .CWS. wpd DATE June 2, 1998 Page 2 of 6 SUBJECT AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO McGUIRE AND HESTER AND AUTHORIZE AN AGREEMENT WITH DCM/JOY AL ENGINEERS FOR THE MARTINEZ EASTSIDE TRUNK SEWER IMPROVEMENTS PROJECT, DISTRICT PROJECT NO. 4950 The District will administer the construction contract and will perform contract administration, inspection, survey, office engineering and shop drawing review. The funds required to complete this project, as shown in Attachment 3, are $7,525,000. The total cost of the Martinez East Side Trunk Sewer Improvements Project, including the Pacheco Boulevard Street and Sewer Improvement Project being constructed by the City, is anticipated to be $9,008,000. Construction of these improvement projects is included in the fiscal year 1997-98 Capital Improvement Budget (CIB) on pages CS-40 through CS-42. Staff has conducted a cash flow analysis of the Sewer Construction Fund and concluded that adequate funds are available for this project. The City will reimburse the District for the cost of the street improvements. Geotechnical engineering and inspection services are recommended to be provided by DCM/Joyal Engineers. Staff has negotiated a cost reimbursement agreement with a cost ceiling of $65,000 for these services. DCM/Joyal provided geotechnical and microtunneling engineering services during design of the Martinez East Side Trunk Sewer Improvements Project. Staff has concluded that the District's portion of the joint project is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines, Section 18.2, since it involves only minor alterations of existing facilities with negligible or no expansion of capacity. Staff further concluded that the joint project is exempt from CEOA because no significant cumulative impacts would occur from combining the City's and District's project elements. On April 16, 1998, the Board of Directors independently determined that the joint project is exempt. RECOMMENDATION: Authorize award of a construction contract in the amount of $5,540,761 for construction of the Martinez East Side Trunk Sewer Improvements Project, DP 4950, to McGuire and Hester, the lowest, responsible bidder. Authorize the General Manager-Chief Engineer to execute an agreement for $65,000 with DCM/Joyal to provide geotechnical engineering and inspection services during construction. 9/16/96 H :\PP\AUTH4950 .cws. wpd -'"-_._--_..._---,---_.,_.._~-,--_.>_.-_._.._'_._-----_. _._--_.__._."-~'- ___ _ ______.._._______.~._w,__,___--.-~----,.-.-- - -1 - r-- -t ~ T-- ~\ i~ I \ \l!\ 11 I; . ~aIY smEEf ~~...~ ~ "" -,~./ , ; . , - ----=:;::.. ~.. ~ \ f' ~ · iiTiW' ,!;;~ \~, j,~l:i _-~ -, .~.~ ~.. ~~."". : lo-- ,~ ~- ~ __- \e . . --- 1 ~ ---, ~\r ~ ." ~_...... 'r .". ~ <\~ TI ,.,",- .. _ :r, .' 'Ili1'" ......, \ l:>- ~~e J ~ \, .1::: h ~ c:... .0< - , . iU r::::~ --~\W; ~ ~ _\ \rn- c~ \ -~ ~ ~~ < ' '; ~t'-- ?iii ~ ~~ ./. ~ ~\I \.In .~ _".. \ <l~\::H~W~ \\\ \~WI~~\'~~ ~\~;<< ~"",x'~ ~~~~" ~~~~~~~ \ ~~~O~~\~. ~\l _ "(,J'f5~~ '~1 ~ . ~~~\,~ -;;~~~~~ ~~ ~~rri\'\ t '1;"~~ ~I(,.,~/n.~ lRJf&EIJ~ '~~~~1~; ~~?0' "/~"':oo.;s",~~. I\/; "'~~ '-' 'ti' .~-:;Q-'fh.<7 ,,',' ~\ S' _ -',~ ~ \ ~M;<U, '!z o..v h.~:' . ~;:;;:.~ ..~ _ ;~\=\..}\ ~~~~~'<0~ /', ~ i~!tl? j ~~~~~~~~~. ~ ~ I~" "\\:J::I;:::a"\--..... ~ ~ ~~I f~'jsr . I Y C::L \ .- ~.:~~S/&-:~-t 0 ! ~ ~Wi .-<'I~~~~~ IIt!AJ~ ~ Fm ~ ;: r I.!l\~~~\~t"'l..,~~~ .. ~I Contra Cost ,,:1 ~ ~ ~! ~ \::1 r:\ '<7 :\'0' ; Sanitary O' . a 't...:l:::1 ~ ~ ~ ~ ~ y ~ ~ct MARTINEZ ' k)-A1 t ~ TRUNK SEW EASTSIDE '"""" - . ER PROJECT . .op 4950 LEGEND: EXIS1lNG SEWER PROPOSED SEWER SEWER TO BE ABANDONED 1 ATTACHMENT 2 Central Contra Costa Sanitary District SUMMARY OF BIDS Project: Martinez East Side Trunk Sewer Improvements Date: May 20. 1998 Location: Martinez. California Engr. Est. $6.640.000/$110.000 BIDDER (Name, Address, Telephone) BID PRICE (1) 1 McGuire and Hester $5,452,761 9009 Railroad Avenue 87 .500 Oakland, CA 94603 $5,540,261 (510) 632-7676 FAX: (510) 562-5210 2 Mountain Cascade, Inc. $ 6,189,275 P. O. Box 5050 1 05 .960 Livermore, CA 94551 $ 6,295,235 (925) 373-8370 FAX: (925) 373-0940 3 Ranger Pipelines, Inc./D' Arcy & Harty $ 6,894,979 Construction, Inc. (A Joint Venture) $ 153.650 1296 Armstrong Avenue $ 7,048,629 San Francisco, CA 94124 (41 5) 822-3700 FAX: (415) 822-3703 4 Ghilotti Construction $ 7,040,889 246 Ghilotti Avenue $ 148.240 Santa Rosa, CA 95407 $ 7, 189, 1 29 (707) 585-1221 FAX: (707) 585-1601 (1) First bid price listed is for the District portion. Second bid price is for the City portion. Bids Opened by: Joyce E. Murohy /s/ Date: May 20. 1998 H :\PP\AUTH4950.CWS. wpd 9/16/96 ATTACHMENT 3 MARTINEZ EAST SIDE TRUNK SEWER IMPROVEMENTS PROJECT, DISTRICT PROJECT NO. 4950 POST -BID/PRECONSTRUCTION ESTIMATE ITEM DESCRIPTION TOTAL $5,540,261 40,000 50,000 844,739 $6.475.000 PERCENT OF ESTIMATED CONSTRUCTION 1 . Construction Contract 2. Utility Relocation 3. Staging Area Lease{s) 4. Contingency at 15.0 percent CONSTRUCTION TOTAL 100 5. Construction Management . District Forces SUBTOTAL CONSTRUCTION MANAGEMENT $ 41 ,000 397.000 $ 438,000 6.8 - Construction Management - Contract Administration/Inspection 6. Consultant/Professional Services . Material Testing . Contaminated Soils $ 65,000 35,000 30.000 . Geotechnical Consultant SUBTOTAL CONSULTANT/PROFESSIONAL SERVICES $ 130,000 2.0 7. Engineering and Other Services During Construction . District Forces - Community Relations - Surveying - Field Office Rental/Furnishings $ 109,000 12,000 65,000 60,000 19,000 - Office Engineering Services - Record Drawings H:\PP\AUTH4950.CWS. wpd PERCENT OF ESTIMATED ITEM DESCRIPTION TOTAL CONSTRUCTION _ Field Office Clerical Support 1 20,000 - Collection System Operations 2,000 . Other Services - Disputes Review Board $ 10,000 - Permit/Inspection Fees 33,000 - Legal 15.000 SUBTOTAL CONSTRUCTION ENGINEERING $ 345,000 5.3 CONSTRUCTION MANAGEMENT & $ 913,000 14.1 ENGINEERING TOTAL (ITEMS 5, 6, & 7) 8. Prebid Expenditures (Planning and Design) $ 840,000 9. Pacheco Blvd. Sewer Replacement & $ 780,000 Directional Drilling Demonstration Project (construction) 1 O. Total Project Cost $9,008,000 11. Funds Allocated to Date $1,483,000 12. Allocation Required to Complete Project $7,525,000 'Temporary secretary is proposed for up to 14 months to assist with construction management and public relations activities. The temporary secretary would work at the proposed downtown Martinez field office. H :\PP\AUTH4950. CWS. wpd ~. t,;entral Contra Costa Sanitary District BOARD OF DIRECTORS .. ......... ............ . ..... ... . ........ ..... ::::::1111'11111111:::::::11111111:::::::::::::::: BOARD MEETING OF ),:")))"""""""""""",",::;,)"""",,,,"""""""")"\"",\\",/""",."",\.,.,.,:",,,,":.:.:.:.:.:.:.:.:"",:.:.::":,:,:"",,,,, June 9, 1 998 Page 1 of 5 NO. 7. BIDS AND AWARDS b. DATE TYPE OF ACTION May 27, 1998 AUTHORIZE AWARD SUBJ ECT AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO SPARKS ROOFING COMPANY FOR TREATMENT PLANT ROOF REPLACEMENT PHASE II PROJECT, DISTRICT PROJECT 6120 SUBMITTED BY James L. Belcher, Senior Engineer INITIATING DEPTIOIV Plant Operations/Operations ISSUE: On May 19, 1998, sealed bids were received for construction of the Treatment Plant Roof Replacement Phase II Project, District Project 6120. The Board of Directors must authorize award of the contract or reject bids within 60 days of the bid opening. BACKGROUND: The current phase of this project will replace the roof over the Machine Shop and the Pump and Blower Building. The 5A treatment plant structures were built in the mid-1970s. The 20- year roof life has expired; replacement or rehabilitation is now prudent to prevent damage and reduce maintenance costs. Plans and specifications were prepared by Plant Operations Department. The Engineer's Estimate for the construction cost was $180,000. The project was advertised on April 26 and May 8, 1998. Six bids, ranging from a low of $145,610 to a high of $196,922, were received and publicly opened on May 9, 1998. A summary of these bids is shown in Attachment 2. The Purchasing Section conducted a commercial evaluation, and the Plant Operations Department conducted a technical evaluation of these bids. They have determined that Sparks Roofing Company is the lowest responsible bidder with a bid amount of $145,610. The allocation of funds required to complete this project, as shown in Attachment 3, is $167,000. The current total estimated project cost is $192,000. This project is included in the Fiscal Year 1998-99 Capital Improvement Budget (CIB) on pages TP 88 through TP 89. Staff has conducted a cash flow evaluation of the Sewer Construction Fund and concluded that adequate funds are available for this project. MJL- JMK S:\MAINTENG\ 1998\Selcher\Pos PprDP6120. wpd 4/8/98 DATE May 27, 1998 Page 2 of 5 SUBJECT AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO SPARKS ROOFING COMPANY FOR TREATMENT PLANT ROOF REPLACEMENT PHASE II PROJECT, DISTRICT PROJECT 6120 Staff has also concluded that this project is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines, Section 18.2, since it involves repair and maintenance of an existing public facility with no increase in capacity. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEOA. RECOMMENDATlON: Authorize award of a construction contract in the amount of $145,610 for the construction of the Treatment Plant Roof Replacement Phase II Project, to Sparks Roofing Company, the lowest responsive bidder. S:\MAINTENG\ 1998\Belcher\Pos PprDP6120. wpd 4/8/98 ,- c c::r> "'0 ~ o / II II II II II II II o c; o '" ;;; /' o '" ;;; :;:: Central Contra Costa Sanitary District rJ II II II II II II II II /;7 II II II ;I II ;I II ;I ;I II I I co a> III ic =2 o . ~l!;l TREATMENT PLANT ROOF REPLACEMENT, PHASE II DISTRICT PROJECT 6120 PROJECT LOCATION ATTACHMENT o oJ") :t 1 ---------."--".-----_._--,_._----'--_.~..--'_..."--,._-~----,._..._.."~-_..--_._-_.~---_.,--"---_.,--_._..._-"--,.",-"._.~",-",,_._.._--,.._-'-'''-- Central Contra Costa Sanitary District ATTACHMENT 2 SUMMARY OF BIDS Project: TREATMENT PLANT ROOF REPLACEMENT PHASE II PROJECT DP No. 6120 Date: May 19. 1998 Location: Martinez. California Engr. Est. $180.000 1 Sparks Roofing Company, Inc. $145,610 PO Box 21563 Concord, CA 94521 2 Alcal Roofing $167,693 115 Ryan Industrial Court # 107 San Ramon, CA 94583 3 Enterprise Roofing Service, Inc. $173,808 PO Box 27368 Concord, CA 94527 4 Pioneer Roofing Organization $178,910 1485 Armstrong Avenue San Francisco, CA 94124 5 Western Roofing Service $184,945 2594 Oakdale Avenue San Francisco, CA 94124 6 Solano County Roofing, Inc. $196,922 PO Box 476 Suisun, CA 94585 Bids Opened by:/s/ Joyce Murphy Date: May 19. 1998 G:\SWG\REROOF\SUMBIDRA.WPD 5/19/98 . ~,_...-,._._-_."-,...,,---_..__._..",.-~---_..,..,.. -"_._,-,-~--_.- ATTACHMENT 3 TREATMENT PLANT ROOF REPLACEMENT PHASE II PROJECT DISTRICT PROJECT NO. 6120 POST -BID/PRECONSTRUCTION ESTIMATE Item Description Total Percent of Estimated Construction Cost CONSTRUCTION Total Construction $145,610 $24,390 $170,000 100.00 Construction Contract Contingency at 17% 2 CONSTRUCTION MANAGEMENT District Forces -Construction Management -Record Drawings $3,000 $ 1,000 $4,000 2.35 Sub-Total Consultant Sub-Total $9,000 $9,000 5.29 $13,000 7.64 $183,000 107.64 9,000 5.29 $192,000 112.94 $25,000 $167,000 -Construction inspection and support- Total Construction Management 3 TOTAL CONSTRUCTION PHASE COST 4 TOTAL PREBID EXPENDITURES 5 TOT AL ESTIMATED PROJECT COST 6 FUNDS AUTHORIZED TO DATE 7 ADDITIONAL ALLOCATION NEEDED TO COMPLETE PROJECT ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ......................... ........ .. . .... ....... ... ... ... . 1111.1.11::1:::1.1111::1111111111:1 BOARDMEETJ~~e 9,1998 Page 1 of 14 NO. DATE TYPE OF ACTION June 8, 1998 HUMAN RESOURCES SUBJECT ADOPT THE CLASS DESCRIPTION OF CAPITAL PROJECTS DIVISION MANAGER AND ENVIRONMENTAL SERVICES DIVISION MANAGER AND DELETE THE CLASS DESCRIPTION OF ENGINEERING DIVISION MANAGER AND INFRASTRUCTURE DIVISION MANAGER SUBMITTED BY Charles W. Batts, Director of Engineering INITIATING DEPTIDIV Engineering Department ISSUE: The Engineering Department has been working on organizational changes within the Department to reduce the organization from three divisions to two divisions. Board authorization is required to create new class descriptions which would change the division managers' titles to reflect their new divisions. BACKGROUND: The Engineering Department has gone through several periods of transformation within the last two decades that mirror the needs of the District. In the late 1970s the District's Engineering Department consisted of a "Special Projects Division" to deal with the projects, records, and grant requirements of the treatment plant construction known as the "5A" project, and a "Construction Services Division" to deal with the growth and development in the area, and the ongoing District construction activities. By the early 1980s the functions of these divisions were consolidated into the "Engineering Division" that handled project management, and the "Construction Division" that consisted of services such as survey and permits, and construction activities. In 1984 the Engineering Department established a third division that became the "Planning Division." The intent was to create a special division to deal with District planning issues as they related to growth, finance, and the impact of State and Federal regulation. To this end, several long-term "master planning studies" have been completed to verify the future direction of treatment plant, collection system and pumping stations construction and institute those projects as part of the District's Ten Year Capital Improvement Plan (CIP). In 1992 the Engineering Department reorganized to facilitate design - construction coordination and to develop the capability to do substantial sewer design in-house. The two major divisions of the Department were organized along the requirements of treatment plant design and construction, now the" Plant Engineering Division" and sewer design and construction, known now as the "Infrastructure Division." The "Planning Division" remained as the third division. (See Exhibit A.) The Engineering Department is now facing the continuing challenges of project planning, design, and construction, along with the new demands of providing customer services in the form of permitting sewers in hard to service areas and for developers, supplying recycled water for irrigation and industry, assisting in the Clean Water Inspection Program (Illicit Discharge Elimination Program), Pollution A:\REORG.PP.wpd DATE June 5, 1998 Page 2 of 14 SUBJECT ADOPT THE CLASS DESCRIPTIONS OF CAPITAL PROJECTS DIVISION MANAGER AND ENVIRONMENTAL SERVICES DIVISION MANAGER AND DELETE THE CLASS DESCRIPTIONS OF ENGINEERING DIVISION MANAGER AND INFRASTRUCTURE DIVISION MANAGER Prevention activities, and Household Hazardous Waste Collection Program, as well as the District's extensive Source Control activities and service charge programs. To meet these challenges the Engineering Department must remain flexible in its ability to plan, design, and construct projects, to emphasize responsiveness and customer service, and to participate in partnerships with other agencies to the advantage of the common customers. At the January 20, 1998 Board meeting, General Manager-Chief Engineer Roger Dolan asked the Board to approve staffing changes that appointed Mr. Charles W. Batts as Director of Engineering based on a competitive process to address the future challenges of the District, and more specifically the Engineering Department. In that Position Paper it was stated that: ''These staffing changes provide the opportunity to reorganize the Engineering Department. It is appropriate to consider consolidation of the three divisions into two. Therefore, I recommend appointing Planning Division Manager Douglas J. Craig to the position of Plant Operations Division Manager. The effective date of this transition will be when the reorganization planning is further developed this Spring or early Summer." A Department-wide effort began immediately to reorganize the Engineering Department into two divisions that reflect both its continuing responsibility for District capital projects and its growing responsibility in the area of customer services. The process of change in the Engineering Department considered the factors of both the function of the existing institutionalized groups within the Department, and individual knowledge and skill requirements. After a series of meetings with the Division Managers, the retiring Department Manager (Robert Baker) and me, a strategy was developed to facilitate the reorganization: * To seek input from stakeholders at every level in the organization * To organize around the work and locate functions where they are best preformed * To maintain work groups and reporting responsibilities where possible * To maintain project and program continuity where critical through the transition * To emphasize to the employees that this is the "first" step in an evolutionary process as the Department grows and develops over time Throughout this period, meetings were held with key staff and small work groups to discuss the working assumptions, strategy, and goals of the reorganization and to seek their input. On February 4, 1998, a presentation was made to the Board's Personnel Committee on both the goals and process of the reorganization. Their concurrence led to the next step of establishing the actual DATE June 5, 1998 Page 3 of 14 SUBJECT ADOPT THE CLASS DESCRIPTIONS OF CAPITAL PROJECTS DIVISION MANAGER AND ENVIRONMENTAL SERVICES DIVISION MANAGER AND DELETE THE CLASS DESCRIPTIONS OF ENGINEERING DIVISION MANAGER AND INFRASTRUCTURE DIVISION MANAGER institutional arrangements, supervisory relationships, and organizational structure. The reorganization process involved the major stakeholders, Division Managers, and the General Manager-Chief Engineer. During this period input was sought and considered from all affected employees, and on March 24, 1998 a second presentation was made to the Board's Personnel Committee which outlined in detail the reorganization of the Department. The Board subcommittee voiced no objections to the proposed organization and endorsed the reorganization in concept for presentation to the entire District Board of Directors. This information was presented to the Board as part of the District's Personnel Budget for the year 1998 - 1999, which was approved on April 2, 1998. On March 25, 1998, a meeting was held with all of the Engineering Department employees to receive information on the reorganization from the Department Managers; proposed organizational charts were prepared and distributed in each division. After the announcement of the reorganization a second series of sectional meetings was scheduled throughout the Engineering Department to address any concerns or questions relative to small workgroup situations. Since there were no significant changes in employee salaries, working conditions or other contractual issues, 'meet and confer' was not required with any of the District's bargaining units. The proposed organizational charts were modified slightly based on employee input. The new reporting arrangements started on May 1, 1998. (Organizational charts attached as Exhibit B.) The actual use of new employee codes and cost centers will start on July 1, 1998 with the change in budget year. The budgetary impact of the reorganization for the 1998 - 1999 fiscal year will be a decrease of approximately $100,000 with the attrition of one management position. Attached are the class descriptions for the Capital Projects Division Manager, formerly the Plant Engineering Division Manager (Exhibit C), and the Environmental Services Division Manager, formerly the Infrastructure Division Manager (Exhibit D). Also these changes are shown on the attached proposed organizational chart (Exhibit B) reflecting the organizational changes. RECOMMENDATION: Adopt the revised class descriptions of Capital Projects Division Manager and Environmental Services Manager reflecting their new divisions and delete the class descriptions of Engineering Division Manager and Infrastructure Division Manager. C? 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"''E .. ::; 8 18 I ~u 00 Q ~~ 0 o~ :i~ - Sl ,~~ -g ,U~ j W a: ~ U i~<D ~ ~~ ~ ~ <<1<( -) ::; '" 8. ~E ~f ~~ uici 0): e:: Ueb ,5'" (!l ~~ '" e:: o~ tio 22 !;; 1ii~(!l e::lIl 8.5 '" It) = r ! lli i:: ~Gi~; It) c:i.Jllicf:i ~ e:: 'i,~ ~ ,,,.~ f)j co.., (!l ,n~ .. e:: i~ clJ c;~ ~ C\I ~ ~ (3 ! /R ;:.: c::: o E ~ ~ ' .. ~ Elil-m .2' ~ '0 -; 'g> ~ 5 ~ go E 0 .~ '" '2 3l & c1l ,S al go go = ,- LU iLiEa t:; ~.~ ;j?Scn .91lil€ ;;~~ 6 '6> al ~.niE &~~ al .!!! C N 8 ;. 't:: !Z ~ ~~~ ~88 << : EXHIBIT C CENTRAL CONTRA COSTA SANITARY DISTRICT Effective: Range: Respirator Class: Page 1 of 3 2/20/987/1/98 M-26 3 ENGINEERING DIVISION MANAGER CAPITAL PROJECTS DIVISION MANAGER DEFINITION Manage the Plant Engineering Capital Projects Division of the Engineering Department of the District; perform special managerial duties as required; and do all related work as required. SUPERVISION RECEIVED AND EXERCISED Receive general direction from the Director of Engineering. Exercise direct and general supervision over professional, technical, and clerical positions in the Plant Engineering Capital Projects Division. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Provide professional engineering expertise in planning, organizing, directing, and managing the Plant Engineering Capital Projects Division of the Engineering Department, making independent decisions as necessary in the management of the division. Coordinate with all departments and divisions in the scheduling and/or development of District projects, including assignment of projects and activities. Coordinate and participate in the hiring and direction of outside consultants. Attend to division personnel management matters, including safety and training programs, evaluations, promotions, transfers, and disciplinary actions. Coordinate work of the division with that of other divisions and departments. Review and appraise division project and work reports. Review and approve designs, plans, and specifications. Confer with state and federal agencies. Represent the District at professional meetings and conferences in regard to present and future projects and various District matters. Page 2 of 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Engineering Capital Projects Division Manager (Continued) EXAMPLES OF ESSENTIAL DUTIES Prepare reports and position papers and submit appropriate materials to management and/or the Board of Directors for necessary action. Oversee the investigations of new techniques and products for approval for use in the District. Coordinate and direct through subordinate supervisors all investigations, studies, research, analyses, programs, projects, operations, and maintenance assigned to or being a responsibility of the division. Act on behalf of the Director of Engineering as required. Perform related duties as required. MINIMUM QUALIFICATIONS Knowledae of: Engineering principles and practices as related and applied to the design, construction, and operation of wastewater collection, treatment, and disposal systems and facilities. Materials, procedures, and equipment used in construction, operation, and maintenance of wastewater facilities and equipment. Principles and techniques of organization, management, personnel administration, budgeting, and staff development. Local, regional, and state related programs including state and federal grants. Abilitv to: On a continuous basis analyze and provide direction and/or guidance to staff; identify technical and managerial problems; interpret specifications, plans, memos, and technical documents; know engineering and managerial methods; observe employee work skills; problem solve technical and managerial and/or personnel problems; remember District procedures and technical information; understand people and technical problems and issues concerning customers; and explain District needs. Page 3 of 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Engineering Capital Projects Division Manager (Continued) Abilitv to: Sit at desk and in meetings for long periods of time on a continuous basis; use telephone and write or use a keyboard to communicate through written means. Plan, organize, direct, and control the work of others. Apply engineering principles and techniques in the solution of difficult and complex engineering problems. Prepare complete and concise technical reports, grants, and letters. Perceive and analyze problems and take effective corrective action. Establish and maintain cooperative working relationships. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be Qualifying. A typical way to obtain the knowledge and abilities would be: Exoerience: Ten years of progressively responsible professional engineering experience including four years of experience in supervising professional, technical, and trade personnel. Education: Equivalent to a bachelor's degree from an accredited college or university with major work in civil, mechanical, chemical engineering, or a closely related field. A master's degree in sanitary or chemical engineering is desirable. LICENSES AND CERTIFICATES Possession of a valid Certificate of Registration as a professional engineer in civil, mechanical, or chemical engineering as issued by the State of California. Possession of a valid California Driver's License. EXHIBIT 0 Page 1 of 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Effective: Range: Respirator Class: 10/7/937/1198 M-26 3 INFRASTRUCTURE DIVISION MANAGER ENVIRONMENTAL SERVICES DIVISION MANAGER DEFINITION Manage the Infrastructure Environmental Services Division of the Engineering Department of the District; perform special managerial duties as required; and do all related work as required. SUPERVISION RECEIVED AND EXERCISED Receive general direction from the Director of Engineering. Exercise direct and general supervision over professional, technical, and clerical personnel in the Infrastructure Environmental Services Division. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Manage the Infrastructure Environmental Services Division of the Engineering Department making independent decisions as necessary in the management of the division. Attend to division personnel management matters including safety and training programs, evaluations, promotions, transfers, and disciplinary actions. Coordinate work of the division with that of other divisions and departments. Review and appraise division project and work reports. Review and approve designs, plans, and specifications. Make decisions regarding proper sewer service for existing properties and new developments. Confer with the public and representatives of other agencies. Represent the District at public and professional meetings and conferences in regard to present and future projects and various District matters. Prepare reports and position papers and submit appropriate materials to management and/or the Board of Directors for necessary action. Page 2 of 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Infrastructure Environmental Services Division Manager (Continued) EXAMPLES OF ESSENTIAL DUTIES Coordinate and direct through subordinate supervisors all construction management, investigations, studies, research, analyses, programs, projects, operations, and maintenance assigned to or being a responsibility of the division. Act on behalf of the Director of Engineering as required. Perform related duties as required. MINIMUM QUALIFICATIONS Knowledae of: Engineering principles and practices as related and applied to the design, construction, and operation of wastewater collection, treatment, and disposal systems and facilities. Materials, procedures, and equipment used in construction, operation, and maintenance of wastewater facilities and equipment. Principles and techniques of organization, management, personnel administration, budgeting, and staff development. Local, regional, state, and federal-related organizations and programs. Abilitv to: On a continuous basis analyze data and determine appropriate actions, identify problems and develop solutions, interpret specifications and give opinions, observe reading documents, problem solve sewer problems for the public and personnel problems, and explain to employees how to talk to the public regarding sewers. Sit at desk and in meetings for long periods of time on a continuous basis. Intermittently twist to reach equipment surrounding desk, and perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate through written means. Plan, organize, direct, and control the work of others. Apply engineering principles and techniques in the solution of difficult and complex engineering problems. Prepare clear, complete, and concise reports and letters. Page 3 of 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Infrastructure Environmental Services Division Manager (Continued) Abilitv to: Perceive and analyze problems and take effective corrective action. Establish and maintain cooperative working relationships. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Exoerience: Ten years of progressively responsible professional engineering experience including four years of experience in supervising professional, technical, and trade personnel. Education: Equivalent to a bachelor's degree from an accredited college or university with major work in civil or sanitary engineering or a closely related field. LICENSES AND CERTIFICATES Possession of a valid Certificate of Registration as a professional engineer in civil engineering issued by the State of California. Possession of a valid California Driver's License. ~- Central Contra Costa Sanitary District BOARD OF DIRECTORS :::::1111_11'::1:1811'::':11111:1:1 BOARD MErn~~e 9, 1998 :::;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::::;:;:;:;:;:;:;:;: Page 1 of 1 NO, 10. LEGAL/LITIGATION a. DATE TYPE OF ACTlON June 2, 1998 DENY CLAIM SUBJECT DENY CLAIM OF BETH MAPLES FOR ALLEGED DAMAGES SUBMI1TED BY Paul Morsen, Director of Administration INmATlNG DEPTIDIV Administrative/Risk Management ISSUE: Beth Maples has filed a claim against the District for damages she alleges she suffered due to receiving a discussion record dated April 6, 1998. BACKGROUND: This claim was presented to the District by attorney Meredith Bradford on behalf of Ms. Maples. The claim alleges that an April 6, 1998 discussion record from her supervisor caused her damages and was a breach of a previous settlement agreement with the District dated January 10, 1994. She seeks $2,000,000 in damages. RECOMMENDATION: Deny the claim by Ms. Maples and refer to District labor counsel for further action. INEER RM&S/C:\ WPWIN\MORSEN\MAPLES.PP 9/16/96 ---,-_... ,.."~~~,,,--_.._,._,-,----_._-,,----_..,-,,--~._-------,._._.~----~-_._--"-''''~---_.,._-_.._--~_._.*--_._.._-_........ ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ::::,111_1::.:1:1.111.:1:::1.1::::. BOARDMEEnNG OF """""""":,::::::,:,:,::"::,:,,,,,,:,,:,::::,:,:,:""""",:::::::::::::,:",:""""",:::::::,::::::::::::,:::,:,:,}::::::::,::::,,::,:,::\,,:,,:,:::::::::::,,::::::: June 9, 1998 Page 1 of 1 NO. 10. LEGAL/LITIGATION b. DATE TYPE OF ACTION May 15, 1998 DENY CLAIM SUBJECT DENY CLAIM FOR UNSPECIFIED DAMAGES FROM ROBERT M. AND CECILIA E. SLlEPKA SUBMITTED BY Paul Morsen, Director of Administration INITIAllNG DEPTJDIV Administrative/Risk Management ISSUE: Robert M. and Cecilia E. Sliepka, through their attorneys have filed claims against the District citing unspecified damages for legal expenses, indemnification against their damages, fees and expenses, legal fees and punitive damages. BACKGROUND: This claim alleges that the District has abrogated the Orinda-Moraga Disposal Service (OMDS) settlement agreement with Mr. Sliepka by demanding payment of the OMDS performance guarantee bond in pursuit of OMDS assets owing to the District as a result of the OMDS civil litigation. The District has made a claim of Frontier Pacific Insurance Company for a bond purchased by OMDS in favor of the District to help satisfy the civil judgement obtained by the District against OMDS. Apparently the Sliepkas are guarantors of the bond and could therefore owe the amount of the bond ($50,000) to Frontier Pacific if Frontier paid the District. The Sliepkas feel that the existing settlement made with them precludes the District from making a demand on Frontier. District legal staff does not agree, in part because the Sliepkas are not mentioned on the bond, and the settlement agreement does not specifically address this issue RECOMMENDATION: Deny claim by Robert M. and Cecilia E. Sliepka for damages. Refer to staff for further action. INEER RM&S/C:\ WPWIN\MORSEN\SLlEPKA.PP 9/16/96