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HomeMy WebLinkAboutAGENDA BACKUP 11-02-95 NOVEMBER 2, 1995- ~. CONSENT CALENDAR f. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF ..II~'ISil}I7I;~I.~Ii!I;~~: BOARD MEETlNG OF [7\,01.'/ ".I'[7~rn~1l1l October 1 9 1995 ....:::::::::.;:::;:::::::::::;;.;::;:::::::>:;:;;::::::::::':::;::::';'::::::;:'::>:::>::::::-:':;;:::::;:;'::':;:;:;::::;:::::':::::':':::::::::::::::::;::::::::::::::::;::::::::;;:;;:::,;::.:::.;::::.;.:;: , NO. 3. CONSENT CALENDAR f. SUBJECT DATE QUITCLAIM SEWER EASEMENT TO DAVID R. WARWICK, ET UX, LAFA VETTE AREA, JOB 730, PARCEL 2 TYPE OF ACTION APPROVE QUIT-CLAIM OF SEWER EASEMENT SUBMITTED BY Dennis Hall Associate En ineer INITIATING DEPT./DIV. Engineering Departmentl Infrastructure Division ISSUE: The subject easement is no longer being used and should be quitclaimed. BACKGROUND: The District's sewer main located within the subject easement was damaged by earth movement within the Warwicks' property. In 1994 the Warwicks granted a new sewer easement to this District to permit the installation of a relocated replacement sewer main. The replacement sewer main has been constructed and is now in service. The subject sewer easement is no longer required and can now be quitclaimed. The project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CECA) under District CECA Guidelines, Section 18.6, since it involves a minor alteration in land use limitations. RECOMMENDATION: Approve Quitclaim Deed to Mr. David R. Warwick, et ux, Job No. 730; authorize the President of the Board of Directors and the Secretary of the District to execute said Quitclaim Deed; and authorize the Quitclaim Deed to be recorded. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. uJ~ :PH C)J11 91f9 1302A-7191 DH JSM RAB \\ j// / QUITCLAIM EASEMENT \, Vl o '" > . 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Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 3 BOARD MEETING OF October 19, 1995 NO. 3. CONSENT CALENDAR g. SUBJECT AUTHORIZATION FOR P.A. 95-16 (ALAMO AREA) AND 95-17 (ALAMO AREA) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT DATE October 6, 1995 TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING SUBMITTED BY Dennis Hall Associate En ineer INITIATING DEPT./DIV. Engineering Department/ Infrastructure Division PARCEL AREA OWNER/ADDRESS. REMARKS LEAD NO. PARCEL NO. & ACREAGE AGENCY 95-1 6 Alamo Arthur Anderson, et al Future "Oil Changer" Contra (77E4) 111 Jennifer Lane site. Negative Costa Alamo, CA 94507 declaration by Contra County (192-082-005) (0.80 AC.) Costa County. 95-17 Alamo BSFS CASA Ltd. Four-lot, minor Contra 2441 Warren Road subdivision, single-family Costa Walnut Creek, CA 94596 homes. Negative County (192-272-07 through declaration by Contra 192-272-10) (5.63 AC.) Costa County RECOMMENDATION: Authorize P.A. 95-16 and 95-17 to be included in a future formal annexation. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~v. j/1 9W 1302A-7/91 DH JSM RAB > ~ j I " " II II ,I 1/ II II II I, " // // 0 .... // .. .... ......//", ......." G..... . I 1,\ I ~ I I; I I" , 1, " 1 I, 'I .r"/ ,-, ./ / ....... -- ./ '" --- " - - - -., ... " " . , ' '" " ,'. , \ u " 5 PROPOSED ANNEXATION P.A.95-16 I I .,' I ,! n I I I I I I 1 1 II 1 I I I I \ \ \ \ \ I ' II I I - \ 11 \ II , \ I 11\ \ \ \ \ I - v , \ \ I I I , \ \ \ \ \ \ \ \ - \ \ \ \ \ \ \ \ \ \ -n _ \-;1)-'- \ - \ \ \ \f" \ \f"\ \ \ % \ , '. l7 \ \ ',..l. \ , ", , "'" " " '" '" , " '," " '" ...' 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Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 4 POSITION PAPER BOARD MEETING OF October 19, 1995 NO. 6. ADMINISTRATIVE a. SUBJECT ADOPT A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE DISTRICT CONFLICT OF INTEREST CODE DATE October 3 1995 TYPE OF ACTION ADOPT RESOLUTION AMENDING CONRJeT OF INTEREST CODE SUBMITTED BY Joyce E. Murphy Secretary of the District INITIATING DEPT./DIV. Administrative ISSUE: A need exists to update the designated positions contained in Exhibit A of the District's Conflict of Interest Code. BACKGROUND: The Political Reform Act of 1974 and the Central Contra Costa Sanitary District Conflict of Interest Code require that the Board of Directors adopt a list of designated positions of officers and employees who make, or participate in making, decisions that could have a material effect on any personal financial interest. It has been the practice of the District to review the designated positions on an annual basis and to amend the District Conflict of Interest Code as necessitated by any changed circumstances, including the creation of new positions, deletion of positions, and relevant changes in the duties assigned to existing positions. Exhibit A, Designated Positions and Disclosure Categories of the District Conflict of Interest Code, was reviewed by staff and an amendment is proposed to reflect the current organizational structure of the District. It is recommended that the position of Vehicle and Equipment Maintenance Supervisor be deleted from the list of designated positions. This vacant position was eliminated in the 1995-1996 Personnel Budget approved by the Board of Directors on April 20, 1995. After approval by the Board, the proposed amendment to Exhibit A of the District Conflict of Interest Code will be submitted to the Board of Supervisors, the code reviewing bOdy. The amendment takes effect upon its approval by the Board of Supervisors. RECOMMENDATION: Adopt the attached resolution amending Exhibit A, Designated Positions and Disclosure Categories of the Central Contra Costa Sanitary District Conflict of Interest Code, and authorize the Secretary of the District to submit a copy of said code amendment to the Contra Costa County Board of Supervisors for approval. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATI,NG DEPT.lDIV. Wt. 1302A-7/91 RESOLUTION NO. 95- A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE WHEREAS, Section 2.20.020 of the Central Contra Costa Sanitary District Code provides that the Board of Directors shall from time to time establish by resolution designated positions of officers and employees deemed to make, or participate in the making of, decisions which may foreseeably have a material effect on a financial interest. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT Exhibit A, Designated Positions and Disclosure Categories of the Central Contra Costa Sanitary District Conflict of Interest Code, a copy of which is attached, is hereby approved and adopted for the District, subject to approval by the Board of Supervisors of the County of Contra Costa; and THAT the Secretary of the District is hereby authorized and instructed to submit a copy of such Code amendment to the Board of Supervisors of the County of Contra Costa and to request the Board of Supervisors to approve said Code amendment in accordance with Government Code Section 87303. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 19th day of October 1995, by the following vote: AYES: NOES: ABSENT: Members: Members: 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 -EXHIBIT A- DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CONFLICT OF INTEREST CODE Desianated Positions Disclosure Cateaories 1 . Director 2. General Manager-Chief Engineer 3. Secretary of the District 4. Counsel for the District 5. Manager 6. Controller 7. Consultant 8. Control Systems Engineer 9. Real Property Specialist 10. Permit and Services Technician 11 . Principal Engineer 12. Senior Engineer 13. Associate Engineer 14. Survey Party Chief 15. Management Information Systems Administrator 16. Land Surveyor 17. Engineering Support Supervisor 18. Senior Construction Inspector 19. Collection System Inspection Supervisor 20. Construction Inspector 21 . Source Control Inspector 22. Senior Source Control Inspector 23. Supervising Source Control Inspector 24 Source Control Program Superintendent 25. Principal Buyer 26. Senior Buyer 27. Buyer 28. Materials Coordinator III 29. Plant Operations Superintendent 30. Field Operations Superintendent 31 . Plant Maintenance Superintendent 32. Laboratory Superintendent 33. Pumping Stations Superintendent 34. Vehiele aRE' Et;tuipFFlent Maintenanee Super'liaer 35. Operations Support Supervisor 36. Accounting Supervisor 37. Administrative Analyst A,8,C,D,E,F,G,H A,B,C,o,E,F,G,H A,B,C,o,E,F,G,H A,8,C,o,E,F,G,H A,B,C,o,E,F,G,H A,B,C,o,E,F,G,H A,B,C,o,E,F,G,H A,8,C,D,E,F,G,H A,8,C,D,E,F,G,H A,B,C,D,E,F,G,H B,C,D,E,F,G,H B,C,D,E,F ,G,H B,C,D,E,F,G,H B,C,D,E,F,G,H A,D,E,F,G,H D,E,F ,G,H D,E,F ,G,H D,E,F ,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F.G.H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F ,G,H D,E,F ,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H D,E,F,G,H "EXHIBIT A" (Continued) Cateaorv Index A Investments B Interests in Real Property C Interests in Real Property and Investments Held by Business Entities or Trusts o Income (Other than Gifts or Loans) E Income (Loans) F Income (Gifts) G Business Positions H Commission Income, Income and Loans to Business Entities or Trusts and Income from Rental Property NOVEMBER 2, 1995 . CONSENT CALENDAR k. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF October 19, 1995 NO. 6. ADMINISTRATIVE b. SUBJECT DATE ADOPT RESOLUTION ESTABLISHING THE DISTRICT COM PRE- October 13, 1995 HENSIVE EMERGENCY MANAGEMENT PLAN, APPOINTING TYPE OF ACTION GENERAL MANAGER-CHIEF ENGINEER AS MANAGER OF DISTRICT EMERGENCY OPERATIONS, AND DEFINING THE ADOPT RESOLUTION DISTRICT DECLARATION OF A DISTRICT STATE OF EMERGENCY SUBMITTED BY Bonnie Allen, Risk Manager INITIATING DEPT.lDIV. Administrative/Risk Management ISSUE: The Board of Directors' authorization is requested for the adoption of 8 District resolution establishing the District Comprehensive Emergency Management Plan. BACKGROUND: Both Cal-OSHA and Federal standards require the District to establish and maintain an emergency planning function. A recent State law requires compliance with the Standardized Emergency Management System (SEMS). The District must establish plans, procedures and facilities for disaster response management within SEMS guidelines. At the September 21, 1995, Board Meeting the Board Members were presented with a copy of the "Comprehensive Emergency Management Plan". Staff indicated that the Board would be asked to formalize the adoption of the District Emergency Plan by a resolution. Attached is the District resolution for the Board's consideration and adoption. Staff is recommending that the Board's adoption of the resolution includes authorization for the General Manager-Chief Engineer to implement ministerial changes to the Comprehensive Emergency Management Plan without prior Board approval. It is the intent of staff that any minor modifications required to update the Plan to meet changing regulations be completed under the direction of the General Manager-Chief Engineer. RECOMMENDATION: Adopt resolution establishing the District Comprehensive Emergency Management Plan in compliance with the State SEMS regulation, appointing the General Manager-Chief Engineer as the Manager of District Emergency Operations, and defining the District Declaration of a District State of Emergency. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. 1302A-7/91 BA PM RESOLUTION NO. 95- RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ESTABLISHING THE DISTRICT COMPREHENSIVE EMERGENCY MANAGEMENT PLAN IN COMPLIANCE WITH THE STATE STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) REGULATION, APPOINTING THE GENERAL MANAGER-CHIEF ENGINEER AS THE MANAGER OF DISTRICT EMERGENCY OPERATIONS, AND DEFINING THE DISTRICT DECLARATION OF A DISTRICT STATE OF EMERGENCY WHEREAS, there are many natural and technological hazards which threaten the District, including earthquakes, fires, hazardous materials releases, floods, high winds and severe storms, power outages and water contamination potential; WHEREAS, the State of California-has enacted the SEMS regulation, known as the Petris Bill, which sets forth the Standardized Emergency Management System (SEMS) and requires all public agencies with emergency response organizations to be consistent and integrated with the State system and to prepare emergency management response plans; WHEREAS, the District is a public utility district in the State of California with an emergency management response organization and therefore must comply with the SEMS regulation; NOW, THEREFORE, BE IT RESOLVED that the District establishes the District Comprehensive Emergency Management Plan in compliance with the State of California SEMS regulation. AND BE IT FURTHER RESOLVED that the General Manager-Chief Engineer is designated as the Manager of District Emergency Operations. AND FURTHER that under emergency conditions in which immediate action must be taken to protect lives and property, respond to emergencies, and to restore essential services for the public health an~ safety, the Manager of Emergency Operations may proclaim a District State of Emergency and activate the District Comprehensive Emergency Management Plan. AND FURTHER, under the activation of the District Comprehensive Emergency Management Plan, the Manager of District Emergency Operations will direct and manage all emergency operations and make decisions to allocate resources and expend funds as necessary to meet the needs of the emergency. AND FURTHER, the Board of Directors shall meet within fourteen (14) days of the Declaration of the District State of Emergency to proclaim by official Board resolution the Declaration of the District State of Emergency and to authorize continued emergency operations and recovery actions. .~ NOVEMBER 2,1995 - 3. CONSENT CALENDAR 1. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF October 19, 1995 NO. 7. ENGINEERING a. POSITION PAPER SUBJECT DATE October 11, 1995 AUTHORIZE AWARD OF AN ANNUAL CONTRACT TO PRECISION LOCATING FOR UNDERGROUND UTILITY LOCATING SERVICES T'fPE OF ACTION AUTHORIZE AWARD SUBMITTED BY INITIATING DEPT.lDIV. Tom Cheng, Assistant Engineer Engineering Dept.llnfrastructure Div. ISSUE: On October 9, 1995, sealed bids were received and publicly opened for providing underground utility locating service for seven current capital projects and miscellaneous future projects. The Board must authorize award of the contract or reject bids within 60 days of the bid opening. BACKGROUND: The Infrastructure Division locates approximately 52,000 feet of underground utilities each year as a part of the design of various collection system capital projects. The purpose of locating underground utilities is to verify as-built underground utility information provided by other agencies or private utility companies. The results are useful for evaluating alternatives during the facilities planning and design phases of projects and for minimizing the need for potholing during design and costly change orders during construction. In the past, a separate contract was negotiated with an underground utility locating firm each time a need arose. By bidding all anticipated underground utility locating work on an annual basis, the District will obtain a lower overall cost and a significant reduction in paper work associated with negotiating and issuing separate contracts. The purpose of the Bid Request is to fix the unit cost per each portion of the work and not to arrive at a total bid amount. A Bid Request was advertised on September 29 and October 5, 1995. Two bids were received and publicly opened on October 9, 1995. These bids are listed in Attachment 1, Tabulation of Bids. The Engineering and Purchasing staff conducted a technical and commercial evaluation of the bid and concluded that Precision Locating is the lowest responsible bidder. Staff has concluded that this contract is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 17.3 since it will provide information for design of sewer improvements and will not have a legally binding effect on later activities. The Board of Directors' approval of this award of contract will constitute an independent finding that the contract is exempt from CEQA. RECOMMENDATION: Authorize award of an annual contract to Precision Locating, the lowest responsible bidder, for providing underground utility locating services. The initial contract not-to-exceed amount will be $ 18,500. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. -r C-6 ;ttp fl/,Jj If/; 1302A-7/91 TCC TJP JSM KFL Resolution No. 95- Page 2 AND FURTHER, the Declaration of the District State of Emergency shall remain in effect for (14) days from the date of tn~ Board Resolution, unless terminated by the Manager of Emergency Operations and the Board of Directors or extended by the Manager of Emergency Operations and the Board of Directors. AND FURTHER, that the Manager of District Emergency Operations shall be authorized to make minor modifications to the District Comprehensive Emergency Management Plan as required to update the Plan to meet changing regulations. PASSED AND ADOPTED this day of , by the Central Contra Costa Sanitary District Board of Directors 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 SD\Reso\Emergenc.P1n NOVEMBER 2. 1995 - J. CONSENT CALENDAR 1. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF October 19, 1995 NO. 7. ENGINEERING a. SUBJECT DATE October 11, 1995 AUTHORIZE AWARD OF AN ANNUAL CONTRACT TO PRECISION LOCATING FOR UNDERGROUND UTILITY LOCATING SERVICES TYPE OF ACTION AUTHORIZE AWARD SUBMITTED BY INITIATING DEPT.lDIV. Tom Cheng, Assistant Engineer Engineering Dept./lnfrastructure Div. ISSUE: On October 9, 1995, sealed bids were received and publicly opened for providing underground utility locating service for seven current capital projects and miscellaneous future projects. The Board must authorize award of the contract or reject bids within 60 days of the bid opening. BACKGROUND: The Infrastructure Division locates approximately 52,000 feet of underground utilities each year as a part of the design of various collection system capital projects. The purpose of locating underground utilities is to verify as-built underground utility information provided by other agencies or private utility companies. The results are useful for evaluating alternatives during the facilities planning and design phases of projects and for minimizing the need for potholing during design and costly change orders during construction. In the past, a separate contract was negotiated with an underground utility locating firm each time a need arose. By bidding all anticipated underground utility locating work on an annual basis, the District will obtain a lower overall cost and a significant reduction in paper work associated with negotiating and issuing separate contracts. The purpose of the Bid Request is to fix the unit cost per each portion of the work and not to arrive at a total bid amount. A Bid Request was advertised on September 29 and October 5, 1995. Two bids were received and publicly opened on October 9, 1995. These bids are listed in Attachment 1, Tabulation of Bids. The Engineering and Purchasing staff conducted a technical and commercial evaluation of the bid and concluded that Precision Locating is the lowest responsible bidder. Staff has concluded that this contract is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines Section 17.3 since it will provide information for design of sewer improvements and will not have a legally binding effect on later activities. The Board of Directors' approval of this award of contract will constitute an independent finding that the contract is exempt from CEQA. RECOMMENDATION: Authorize award of an annual contract to Precision Locating, the lowest responsible bidder, for providing underground utility locating services. The initial contract not-to-exceed amount will be $18,500. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. -r C--C,- 2~ f1/~ /f~ 1302A.7/91 TCe TJP JSM KFL I' :;; ;: .. .... - ~ , . . ! ~ : i i c;;;: c c c '- ~ : ~ ~ ~ ~ 2. ~ c"o g! ir ~ ~ L OQ) . ...... ...... S .,.... ~ ItS ::: t ~.,.... "0 ;:: ~ ~ ~~ 0 ~ ~ ~ ~ .t,.; .,.... Q) t M ~ ~~ V1 ~ ~ C ~ ( .- ( Q) V1 Q) 0 .... ... ... ..... Oex:: z: z: . 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Q) c ,..... 0 0 ~ ItS X ~ .~ ~ - c..!J -J ::E: -J 0:: - > l.LJ :5 ~ ~ ~I ~ ~ V1 o:T ~ Q) ~ ~ =>>0.. ;:: ~ ~ ~ 0 U" l.L.. l.L.. l.L.. g: l.L.. -J . -J ...... -J oo:t -J -J ,>" i ~- .1 I "1 . ~ N M " .C , NOVEMBER 2, 1995 3. CONSENT CALENDAR m. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION P'APER BOARD MEETING OF '" October 19, 1995 NO. 7. ENGINEERING b. SUBJECT AUTHORIZE BOARD PRESIDENT BARBARA HOCKETT TO EXECUTE THE PROJECT SPECIFIC AGREEMENT WITH THE CONTRA COSTA WATER DISTRICT FOR RECYCLED WATER IN ZONE 1 DATE October 16, 1995 TYPE OF ACTION AUTHORIZE EXECUTION OF PROJECT SPECIFIC AGREEMENT SUBMITTED BY Lynne B. Putnam, Senior Engineer INITIATING DEPT.lDIV. James R. Coe, Associate Engineer Planning Division, Engineering Department ISSUE: A Project Specific Agreement for recycled water in Zone one has been negotiated with Contra Costs Water District (CCWD). Board authorization of the Agreement is required. BACKGROUND: The Board approved the Principles of Agreement for a Project Specific Agreement for Zone 1 in July 1995. The intent of the Principles of Agreement was to provide a framework for a Project Specific Agreement between the two districts. The purpose of the Project Specific Agreement is to describe a mutually beneficial business relationship between the two districts wherein the Zone 1 recycled water project may be successfully implemented. The Agreement addresses ownership and operations issues of the proposed recycled water facilities and specifies a process to include CCWD participation in the future. The Agreement grants purveyorship to CCCSD for recycled water in Zone 1. The completion of this Agreement demonstrates that public agencies can work together for the benefit of the public and the environment. A copy of the Agreement was previously distributed to the Board, and a staff summary is attached for your review. RECOMMENDATIONS: Authorize Board President Barbara Hockett to execute the Project Specific Agreement for Recycled Water in Zone 1 with CCWD. REVIEWED AND RECOMMENDED FOR BOARD ACTION Page 2 of 2 STAFF SUMMARY The major provisions of the Agreement are as follows: 1 . Grants purveyorship of recycled water in Zone 1 to CCCSD. 2. Provides for future CCWD participation in the Zone 1 project. 3. Allows purveyorship to survive termination of the Agreement. 4. Allows CCWD to charge recycled water customers for services provided as specified in the CCWD Code. PROJECT SPECIFIC AGREEMENT FOR THE ZONE ONE RECYCLED WATER PROJECT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND CONTRA COSTA WATER DISTRICT This Project Specific Agreement for the Zone One Recycled Water Project (Agreement) is made on . 1995, (the WEffective DateW) between Central Contra Costa Sanitary District (CCCSD), a local public entity organized under the Sanitary District Act of 1923, and Contra Costa Water District (CCWD), a local public entity organized under the County Water District Law, in order to provide for the development and implementation of a recycled water project in the area known as Zone One, which lies within the service areas of both Districts. This Agreement is based upon the Principles of Agreement for Zone One Recycled Water Project approved by CCCSD and CCWD on July 20, 1995, and July 5, 1995, respectively, and upon the General Agreement for Recycled Water between CCCSD and CCWD (General Agreement) dated November 2, 1994. RECITALS, a. Whereas, both districts believe prudent water management in California requires effective water conservation and reuse to meet diverse water needs; b. Whereas, both districts believe that it is sound public policy to develop recycled water resources through economically, financially, technically, and environmentally sound projects; c. Whereas, both districts believe thatthe productive use of existing facilities benefits the ratepayers of both districts; d. Whereas, both districts declare their intent to maintain a business relationship that facilitates the implementation of sound recycled water projects; e. Whereas, CCWD is the purveyor of water including recycled water and the primary water supplier in the CCWD service area, except as otherwise provided in this Agreement or other project specific agreements, and CCCSD is the major producer of water for recycling in the area served bV CCCSD. Project Specific Agreement Zone One Recycled Water Project Pege 1 NOW, THEREFORE, IT.IS AGREED THAT: 1. PURPOSE OF THIS AGREEMENT This Agreement establishes the responsibilities and rights of each of the two districts for the purpose of purveying recycled water to the customers listed in Exhibit A (Customers) and generally located in Zone One as described in the Zone One Business Plan prepared by CCCSD and dated April 1995 (Business Plan). The project as described in the Business Plan is based on planning level estimates, and specific project details may vary in the future as the project develops. The Business Plan is attached for reference as Exhibit B. 2. TERM This Agreement shall become effective on the Effective Date stated above and shall continue in effect until terminated as set forth in Section 12. 3. PURVEYORSHIP a. Pursuant to the General Agreement, CCCSD proposed the Zone One recycled water project for jOint participation with CCWD by submitting the Business Plan to CCWD. CCWD has decided not to participate in the Zone One project except as described within this Agreement. CCWD hereby grants CCCSD recycled water purveyorship authority under this Agreement to supply recycled water to the Zone One Customers in amounts equal to or less than the quantities shown in Exhibit A. b. CCWD authorizes CCCSD through this Agreement to provide all recycled water services and purvey recycled water within Zone One and CCCSD shall assume all recycled water service responsibilities and obligations to the Zone One Customers, including those existing recycled water customers currently served and described in the General Agreement and Business Plan. As to existing CCWD recycled water customers, effective July 1, 1996, CCCSD shall be responsible for purveying recycled water to such customers, including providing customer services, meter reading, billing, revenue collection, and complying with permit requirements. c. Prior to implementing any increases to the potential recycled water customer list as shown in Exhibit A or project size, or any changes from the location described in the Business Plan, CCCSD shall request an amendment to this Agreement and CCWD shall not unreasonably withhold its approval. d. CCCSD agrees not to seek any compensation from CCWD associated with planning, design, construction, and operation and maintenance of the Zone One project under this Agreement. Project Specific Agreement Zone One Recycled Water Project Page 2 e. CCWD shall not seek any compensation from CCCSD or the Zone One Customers for costs related to the Zone One project, as developed and implemented pursuant to this Agreement, except as otherwise provided for in this Agreement. 4. RESPONSIBILITIES OF DISTRICTS a. CCCSD shall be responsible for: (1) planning, design, construction scheduling, and construction of all Zone One recycled water facilities necessary to provide recycled water service to Zone One Customers; (2) owning, operating, and maintaining Zone One recycled water facilities; (3) obtaining capital, operation and maintenance funding for Zone One recycled water facilities except as may be agreed to by both districts in accordance with Sections 4.c and 4.d; (4) establishing recycled water rates and charges for customer services in Zone One; (5) owning, maintaining, and calibrating the Customer recycled water meters; (6) reading meters, billing customers, and collecting revenue except as may be otherwise agreed under Section 4.c; (7) obtaining and complying with all permits necessary to operate the Zone One recycled water facilities; (8) maintaining recycled water quality and reliability; (9) maintaining and providing, upon request by CCWD, as-built records of all Customer recycled water service connection and non-recycled water facilities conversion details. CCCSD shall coordinate with CCWD during the design of converting non-recycled water facilities to recycled water facilities; (1 0) assuring that backflow prevention devices have been. installed or replaced as appropriate on non-recycled water services prior to delivering recycled water. CCCSD shall coordinate with CCWD and the Customer to assure the payment of appropriate charges for the installation of backflow prevention devices on non-recycled water services as stipulated in Section 4.b.(2). As part of any service agreement with Customers, CCCSD shall address the payment or reimbursement of installation charges for backflow prevention devices. Project Specific Agreement Zone One Recycled Water Project Page 3 b. CCWD shall be responsible for: (1) all activities related to Zone One Customers of non-recycled water service, including those activities required to maintain, disconnect, or reconnect non-recycled water services as Customers obtain or disconnect recycled water services from CCCSD. These services shall be provided in accordance with CCWD Regulation, Chapter 5.52 and Customers will pay appropriate amounts to CCWD for these installation' charges as stipulated in Sections 5.52.010 through 5.52.050 of Chapter 5.52; (2) installing backflow prevention devices on non-recycled water services, as applicable in compliance with CCWD Regulation, Chapter 5.56 and Customers, or CCCSD on the Customer's behalf, will pay appropriate amounts to CCWD for these installation charges as stipulated in Chapter 5.56; (3) Maintaining and replacing backflow prevention devices and conduct- ing annual cross-connection tests of these devices in coordination with CCCSD. The cost of these services are recovered by the standard backflow prevention surcharge as stipulated in CCWD Regulation, Chapter 5.12; (4) maintaining and providing upon request by CCCSD as-built records of all customer non-recycled water service connection details. c. CCWD and CCCSD may enter into a written agreement whereby CCWD would provide meter reading, billing, revenue collection, and water quality testing services for Zone One Customers in consideration of payment of reasonable costs associated with those activities. d. Should CCWD request to participate in the Zone One project in the future, CCWD shall submit a business plan to CCCSD for consideration. CCCSD and CCWD may, by written agreement, establish mutually acceptable conditions of such participation. 5. RESPONSIBILITY FOR COMPLIANCE WITH LAW Each district shall be responsible for its own acts and omissions and for compliance with all applicable laws with respect to its respective undertakings under this Agreement, including without limitation all waste discharge requirements and warnings required by the San Francisco Bay Regional Water Quality Control Board (RWQCB) or other regulations pertaining to recycled water. Should one district learn or have reason to believe that a violation of such laws, statutes, ordinances, orders, and/or regulations by itself or the other district has occurred or is threatened, that district shall promptly so inform the other district. Project Specific Agreement Zone One Recycled Water Project Page 4 6. EFFECT OF AGREEMENT This Agreement is the product of negotiations between the districts with regard to which the districts have had ample opportunity to consult with their respective attorneys, and each district therefore agrees that the rule of construction that documents are construed against the drafter thereof shall have no application to this Agreement. This Agreement is entered into, under and shall be governed by and interpreted under CaUfornia law. Captions and headings in this Agreement are solely for convenience in'locating provisions, and they are not to be construed as limiting, expanding, or otherwise affecting the provisions of this Agreement. 7.. SUCCESSORS AND ASSIGNS Neither district may assign or delegate any right or obligation hereunder without first having received the written consent duly executed of the other district. This Agreement shall bind and shall inure to the benefit of any successors or assigns of either district following such consent but shall not otherwise create duties or obligations to or rights in third parties not parties to this Agreement, nor shall this Agreement affect the legal liability of either district by imposing any standard of care different from that otherwise imposed by law. 8. NOTICES All notices or communications of any kind which either district may desire or be required to give or serve upon the other district under this Agreement, shall be in writing and either (i) delivered personally, or (ii) sent by facsimile transmission to the telephone numbers set forth below with the original deposited in the U. S. mail, postage pre-paid, first class, addressed as set forth below, or (im sent by Certified Mail, return receipt requested, postage pre-paid, first class, addressed as set forth below. Such notices shall be deemed effective upon personal delivery or transmission by telefascimile; a notice sent only by Certified Mail shall be deemed effective upon date received as set forth in the respective receipts. Each district shall be entitled at any time to designate a different address, facsimile number or telephone number for receipt of communications. CONTRA COSTA WATER DISTRICT General Manager Contra Costa Water District P. O. Box H20 1331 Concord Avenue Concord, CA 94524 Telephone: (510) 674-8000 Facsimile: (510) 674-8197 CENTRAL CONTRA COSTA SANITARY DISTRICT General Manager/Chief Engineer Central Contra Costa Sanitary District 6019 Imhoff Place Martinez, CA 94553 Telephone: (510) 229-7300 Facsimile: (610) 676-7211 9. INDEMNIFICATION Project Specific Agreement Zone One Recycled Water Project Page 6 a. CCCSD agrees to indemnify and defend CCWD and its officers, directors, and employees from any loss, costs, expense, liability, claim, or demand, including reasonable attorney's fees, as to property damage and bodily and personal injury, including death, arising out of the sole negligence or willful misconduct of CCCSD or its officers, directors, employees, or agents in connection with this Agreement or arising out of CCCSD's breach of this Agreement. b. CCWD agrees to indemnify and defend CCCSD and its officers, directors, and employees from any loss, costs, expense, liability, claim, or demand, including reasonable attorney's fees, as to property damage and bodily and personal injury, including death, arising out of the sole negligence or willful misconduct of CCWD or its officers, directors, employees, or agents in connection with this Agreement or arising out of CCWD's breach of this Agreement. c. If the negligence or willful misconduct of both CCCSD and CCWD or their respective officers, directors, employees, or agents is a cause of such damage or injury, the loss, cost, expense, claim, demand or liability shall be shared between CCCSD and CCWD in proportion to their relative degree of negligence, willful misconduct, or comparative faults, and the obligation to defend shall apply for such proportion. For the purposes of this section, the term WfaultW shall include breach of this Agreement. d. CCCSD shall indemnify CCWD for any violations of regulations regarding the use or purveyance of recycled water within Zone One, and for all matters not related to Section 4.b of this Agreement arising out of the use of recycled water provided under the terms of this Agreement. 10. AMENDMENTS Both districts enter into this Agreement recognizing that it may be appropriate to consider modifying and amending this Agreement in a mutually acceptable manner to maintain a fair and positive business relationship, particularly when legal, statutory, or regulatory changes materially affect the ability to produce or purvey recycled water. This Agreement may be modified or amended only by written agreement of the two districts. 11. DISPUTE RESOLUTION a. The districts shall submit any dispute under this Agreement, including disputes regarding amendments or termination, to binding arbitration. The district requesting arbitration shall serve upon the other district a written demand for arbitration that shall include a description of the specific dispute involved. Thirty (30) days after such service, the district requesting arbitration may begin the arbitration selection process as set forth in section b. below. b. Unless the districts otherwise agree in writing, the districts shall select an Project Specific Agreement Zone One Recycled Water Project Page 8 arbitrator in the following manner: each district shall submit to the other district a written list of ten natural persons, in order of preference. The district requesting arbitration shall contact the first candidate appearing on both lists and request that he or she serve as arbitrator for the dispute. Should the first joint candidate decline to serve as arbitrator, the district requesting arbitration shall contact the next joint candidate and request that he or she serve as arbitrator for the dispute. This process shall be repeated until a joint candidate agrees to serve as arbitrator or the ~istricts agree not to submit any more lists, but shall not extend more than fifteen (15) calendar days. If the districts agree not to submit any more lists, or the fifteen calendar day period has elapsed, each district shall prepare a list of five natural persons and the districts shall jointly petition the Contra Costa Superior Court to appoint an arbitrator from the two lists by the following procedure: said Court shall appoint such arbitrator pursuant to the terms of Code of Civil Procedure i 1281.6, and the first proposed arbitrator who is not disqualified under the provisions of section 1282 of the Code of Civil Procedure shall serve as arbitrator. Unless the districts otherwise agree in writing, the arbitration shall be conducted pursuant to the provisions of Chapter 3 of Title 9 of the Code of Civil Procedure U 1282 et seq.) except that notwithstanding the provisions of subdivision (d) of section 1282.2 of that Code, witnesses shall be sworn, the rules of evidence shall apply, and the proceedings shall be reported unless the districts otherwise agree in writing. c. The arbitration fee shall be divided equally between the districts, and each district shall bear its own attorney's fees and costs, unless the arbitrator finds that one district has acted in bad faith in connection with the dispute giving rise to the arbitration or the arbitration itself, in which case the arbitrator may order such district to pay the entire arbitration fee and/or a portion or all of the other district's attorney's fees and costs, as justice requires. 12. TERMINATION This Agreement shall be terminated only upon written agreement of the two districts. Project Specific Agreement Zone One Recycled Water Project Page 7 13. SURVIVAL The provisions of this Agreement concerning purveyorship (Section 3) and indemnification (Section 9) are continuing in nature and shall survive any termination of this Agreement unless otherwise agreed to by both districts. The intent of this Agreement is that the General Agreement shall survive the termination of this Agreement, and that this Agreement shall survive termination of the General Agreement. .1 CONTRA COSTA WATER DISTRICT By: Joseph L. Campbell President-Board of Directors ATTEST: By: District Secretary APPROVED AS TO FORM: By: Legal Counsel C:\cIata\Putnam\A1I,.mnt2.zn1 Project Specific Agreement Zone One Recycled Water Project CENTRAL CONTRA COSTA SANITARY DISTRICT By: ~,/t;;;b Barbara Hockett President-Board of Directors ATTEST: By: ~CLt.~ rrJri~ Secretary' , 0 ::~R~~. Legal Counsel '-'\ Page 8 .. EXHIBIT A UPDATED ZONE ONE CUSTOMER IN FORMA noN ExItItIng Normal Year DryY... Water Annual Demand Annual Demand ZONE ONE CUSTOMERS s.vIc:e (AFlYrJ (AFlYrJ freolacedl IT Corooratlon none 11 22 Seasons Cemeterv 15 21 Countv Yard recycled 1 13 Contra Costa TODSOII rec:vcled 2 2 Henrv'. Woodfann recycled 3 4 County Quarrv Products recvcled 2 2 Truck-flll recvcled 1 1 BII.m Rd HOA canal 26 36 Tosco Softball Relds canal 45 83 Sierra Pacific ProDertles notable 3 4 Sierra Pacific ProDertles DOtable 3 4 Kinders DOtable 3 4 CalTrans SR4 and 1680 DO able 10 14 Buchanan Airoort DO able . 8 Edward Pike PrOD. DO able 3 4 Buchanan Fields Golf Course well 120 168 Stacks and Stacks & Cal mas DO able S 4 Jarvis and Assc. DO able S 4 Camelback North DO able . 8 Camelback Tv.ntvn. DO able . 8 Tres Laaos HOA DO able 1 13 Shadov.ood HOA notable . 8 Suntree Twntvns. DOtable S 8 CC CountrY Club Golf Course canal canal 155 217 CC CountrY Club Golf Course v-ell v-ell 155 217 Brooks/de ADts. DOtable S 4 ChllDancinao Park DObbie 1 1.0 Herltaae Sauare notable 3 4 Hilton Hotel no! able 1 13 Holiday Inn DO able 2 3 Home DeDOt DO able e 8 Sheraton Hotel DO able 3 4 Chevron Coro. DO able 15 21 Delta-Binaham DO able 12 17 SRS Deyelooment DO able 1 13 Olsen Electrosuraerv DOtable 1 13 Willov.tck Business Park DO able 6 8 Sun Valley Auto Plaza DO able S 4 DMV DO able S 4 AAA DO able S 4 DVC canal 42 59 Valley View Middle SchDOI DOtable 15 21 Vikina Dr. ADt. canal 7 10 Valhalla Elm. School DObbie 3 4 McGreaor Road HOA DObbie 3 4 Colleae Park HS welUcanal 12 73 Saltinaere Park DObbie 8 11 Greaorv Gardens notable 17 24 Ellinv.ood Assc. IXltable 16 22 City of Pleasant Hili IXl table 21 29 Pleasant Hili Rec. Center DO table 1 13 Woolridae Construction DO table 7 10 N. Cal. Conference canal 10 14 Ridaeylew HOA DO table 20 28 Strandv.ood Elm. DO table 11 15 Rollina Green HOA DO table 26 36 Pleasant Hill Adlt. School canal 13 18 Seauoia Elementarv DObbie 7 10 Pleasant Oak Park canal 35 49 Ca' state Havward canal 135 189 $eauola Middle School ootable 11 27 TOTALS 1162 1626 Note: City of Pleasant Hill includes the Police Departmert, CRy Han median strips and construction water. NOVEMBER 2, 1995 j. CONSENT CALENDAR n. Central Co~tra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF October 19, 1995 NO. 8. COLLECTION SYSTEM a. SUBJECT AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BRUGGER & MCCORMICK INTERNATIONAL FOR $29,100 FOR A MAINTENANCE CREW LEADER DEVELOPMENT PROGRAM DATE October 13, 1995 TYPE OF ACTION AUTHORIZE AGREEMENT SUBMITTED BY John Larson, Manager INITIATING DEPT.IDIV. Collection System Operations ISSUE: Board of Directors approval is required for management consultant agreements over $25,000 that are funded from the Operations and Maintenance Budget. BACKGROUND: The Collection System Operations Department has reduced the number of Maintenance Supervisors in field operations in an effort to hold the line on operating costs. The result of this reduction in staffing has been an increased reliance on the Maintenance Crew Leaders to maintain productivity, safety, and effectiveness in the day to day operations of the field crews. The Maintenance Crew Leader Development Program was begun during the 1994/95 Fiscal Year. The initial training focused on teamwork and communication skills. The Maintenance Crew Leaders have been meeting monthly to identify and resolve issues surrounding their new roles. In addition they are practicing their new skills by working together in small teams; they have written a Draft On Call Procedures Manual and they are exploring better ways to inspect non-problematic portions of the collection system. The proposed Maintenance Crew Leader Development Program would consist of three parts: 1. Monthly training sessions for Maintenance Crew Leaders that will focus on basic supervisory skills (e.g. dealing with difficult people, conflict resolution and coaching skills) . 2. Monthly facilitated meetings for Maintenance Crew Leaders to further develop teamwork and communication skills. This will also include working together in small teams to identify and resolve ongoing operational issues. 3. Periodic training for Maintenance Supervisors and other key staff to provide parallel skills to support the transition to the new organizational role for the Maintenance Crew Leaders. This effort will provide approximately 120 hours of class/team training for each of the 13 Maintenance Crew Leaders; approximately 60 hours of training for the Maintenance Supervisors and other key staff; and time for planning, follow-up, and individual coaching sessions. This will require 360 hours of the consultant's time during the 1995/96 Fiscal Year. Funds for this training were included in the current Operations and Maintenance Budget. REVIEWED AND RECOMMENDED FOR BOARD ACTION SUBJECT AUTHORIZE GENERAL MANAGER/CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BURGGER & MCCORMICK INTERNATIONAL FOR $29,100 FOR A MAINTENANCE CREW lEADER DEVELOPMENT PROGRAM POSITION PAPER PAGE 2 OF 2 DATE October 13, 1995 Mr. James Brugger of Brugger and McCormick International (formerly The Human Factor) was selected to provide this program. Mr. Brugger has provided effective training to CSO field employees since 1992 in the areas of sexual harassment and cultural diversity. Mr. Brugger is a professor at Golden Gate University in Management and labor Relations and he has provided similar programs for law enforcement and correction agencies for the Counties of Orange, los Angeles, Fresno and Napa; as well as for Kaiser Cement Corporation in Southern California and Stauffer Chemical in Nevada. This action was reviewed by the Board Personnel Committee at their meeting on October 9, 1995. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an agreement with Brugger & McCormick International in the amount of $29,100 for a Maintenance Crew leader Development Program. 13028-9/85 NOVEMBER 2, 1995 - CONSENT CALENDAR p. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 14 NO. 10. BUDGET AND FINANCE a. POSITION PAPER BOARD MEETING OF SUBJECT DATE RECEIVE THE 1994-1995 ANNUAL REPORT OF THE DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE TYPE OF ACTION RECEIVE ANNUAL REPORT SUBMITTED BY INITIATING DEPT.lDIV. Debbie Ratcliff, Controller Administrative/Finance and Accounting ISSUE: The Deferred Compensation Plan Advisory Committee (Committee) respectfully submits its 1994-1995 annual report to the Board of Directors and Plan participants. BACKGROUND: The Board of Directors approved the establishment of the Committee in January 1982. The scope of activities of the Committee includes: . Establishing internal administrative procedures . Educating participants regarding the Plan . Reviewing accountability by the Program Administrators . Reviewing emergency withdrawal requests . Reviewing investment performance of the Plan . Submission of an annual report to the Board of Directors and Plan participants The Committee is made up of the following Departmental representatives: Debbie Ratcliff Darlene Ross Rick Hernandez Tanya Butler Wayne Miner - Chairperson - Administrative - Engineering - CSO - Plant Operations The Committee made several major accomplishments this year; among the most important are: . Added the 800 line feature . Reviewed and rejected the proposed new Hartford Contract RECOMMENDATION: Receive the annual report of the Deferred Compensation Plan Advisory Committee for 1994-1995, and provide any comments to 'staff. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. @ D.R. P.M. ROGER J. DOLAN ADS/Po.ition PlIpera 12/AnnRpt.PP 1302A-7/91 Central Contra Costa Sanitary District DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE ANNUAL REPORT JULY 1994 - JUNE 1995 The Deferred Compensation Plan Advisory Committee (the Committee) was established by the Board of Directors to facilitate the internal administration of the District's Deferred Compensation Plan. The scope of the Committee's activities encompass the following: . Establish internal District administrative procedures within the provisions of the Deferred Compensation Plan document. . Educate participants regarding the Plan provisions by issuing a handbook which summarizes the Deferred Compensation Plan and responding to questions from participants. . Review accountability by the Program Administrators, Hartford Life Insurance Company (Hartford), Great Western Bank (Great Western), and ICMA Retirement Corporation (leMA) and respond to participants' queries regarding accuracy or propriety of account balances. . Review participants' requests for emergency withdrawal of funds. . Review investment performance of the Deferred Compensation Plan on an annual basis. Committee Accomplishments The following activities were completed by the Committee during July 1994 through June 1995: . Internal District A~ministrative Procedures Two new Deferred Compensation committee members were selected and trained to support their re~pective departments. The Committee set forth procedures to be followed with the use of the new 800 line feature. . Review Accountabilitv bv Proaram Administrators The Committee reviewed a new proposed contract with Hartford and made the decision not to accept the new terms and revisions. The Committee researched and responded to inquires and problems associated with the length of time involved in transferring funds across carriers. Page 2 of 14 Pages Monthly confirmation statements and quarterly account statements were submitted to the District by Hartford, Great Western, and ICMA. Quarterly account statements were distributed to all participants. . Review Reauests for Emeraencv Withdrawals of Funds Two emergency withdrawal requests were reviewed by the Committee, and one was recommended for approval by the Board of Directors. One was denied 8S it did not meet the requirements for emergency withdrawal established by the Internal Revenue Service. . Review Investment Performance A summary which presents the investment performance of the Hartford, Great Western, and ICMA programs for the calendar year 1994, and the first six months of 1995 is attached. Current Committee Activities . The District's Deferred Compensation Plan document is undergoing a detailed review by the Committee to ensure conformance with the current governing tax codes and to improve accuracy and completeness. . The Committee will be developing a standardized procedure and training manual for new members selected to serve on the Committee. . The Committee is reviewing alternate proposals submitted by competing firms providing Deferred Compensation Plans. . Training and education workshops on Deferred Compensation benefits are being developed for this fiscal year. . The Committee is reviewing the 401 A Plan which allows additional wages to be deferred over and above the current 457 Plan. Conclusion During the period July 1994 through June 1995, the Committee addressed all of the activities included in its scope of responsibilities through the conscientious efforts of all of the Committee members. . The performance of Great Western, Hartford, and ICMA in administering the Deferred Compensation Plan during the 1994-1995 report period is considered to be satisfactory. The performance results of the Great Western, Hartford, and ICMA stock and bond investments for the calendar year 1994 and the first six months of 1995, as shown on the attached charts, are as follows: Page 3 of 14 Pages Hartford The return on the stock fund for the 1994 calendar year was -1.9 percent which underperformed the general market indices, as measured by the Dow Jones Industrials and the Standard & Poors 500, which registered a gain of 2.1 percent and a loss of 1.5 percent, respectively. The bond account which earned 4.0 percent outperformed the Lehman Brothers Bond Index which lost 6.9 percent. Through the first six months ended June 30, 1995, the 19.8 percent gain on the stock account outperformed the Standard & Poors 500 which gained 18.6 percent and the Dow Jones Industrials which gained 18.8 percent; the gain of 11.4 percent on the bond account underperformed the Lehman Brothers Index, which gained 18.0 percent. Great Western For the 1994 calendar year, eight of the twelve stock funds outperformed the Standard & Poors index but underperformed the Dow Jones Industrials index. The performance for the year is as follows: Fidelity Puritan Fund Fidelity Overseas Fund Fidelity Equity Income Fund Investment Company of America Fidelity Retirement Growth Fund Growth Fund of America Twentieth Century Balanced. Fund Twentieth Century Growth Fund 1.8% 1.3% 0.2% 0.2% 0.1% 0.0% -0.1% -1.5% Four of the stock funds underperformed both market indices. The performance for the year is as follows: Fidelity Magellan Fund Income Fund of America Twentieth Century Ultra Fund Twentieth Century Select Fund -1.8% -2.5% -3.6% -8.0% The Bond Fund of America lost 5.0 percent but outperformed the Lehman Brothers Bond Index. Through the six months ended June 30, 1995, four of the twelve stock funds have outperformed both market indices. The performance for the six-month period is as follows: Fidelity Magellan Fund Growth Fund of America Twentieth Century Ultra Fund Twentieth Century Growth Fund 25.5% 22.7% 20.5% 18.8% Page 4 of 14 Pages Eight of the stock funds underperformed both market indices. The performance for the six-month period is as follows: Investment Company of America Twentieth Century Select Fund Fidelity Equity Income Fund Income Fund of America Twentieth Century Balanced Fund Fidelity Retirement Growth Fund Fidelity Puritan Fund Fidelity Overseas Fund 16.2% 15.9% 15.8% 14.8% 12.9% 11.3% 10.6% 3.7% The Bond Fund of America gained 10.6 percent but underperformed the Lehman Brothers Bond Index. ICMA During the calendar year 1994, one of the five stock funds, the Equity Income Fund, outperformed both market indices with a gain of 3.1 percent. Another of the stock funds, the Broad Market Index Fund, registered no gain or loss, thus outperforming the Standard & Poors index but underperforming the Dow Jones Industrials index. Three of the stock funds underperformed both market indices. The performance for the year is as follows: Asset Allocation Fund International Fund Growth Stock Fund -2.2% -3.3% -4.3% Through the six months ended June 30, 1995, one stock fund, the Broad Market Index Fund gained 18.7 percent thereby outperforming the Standard & Poors index but underperforming the Dow Jones Industrials index. The other four stock funds underperformed both indices. The performance for the six-month period is as follows: Growth Stock Fund Equity Income Fund Asset Allocation Fund International Fund 17.9% 15.4% 15.0% 4.8% The Core Bond Fund lost 4.8 percent during the calendar year 1994 and gained 11.3 percent during the six months ended June 30,1995, underperforming the Lehman Brothers Bond Index for both periods. Page 5 of 14 Pages Committee Members: Darlene Ross, Administr. tive Department ~be~partmem Ta;;;;(Jf z;ation Wayne "Mirier. Plant o~ns Department ADS/Def Comp/Annual.rpt Page 6 of 14 Pages .lEGEND: 20th Centurv Funds: 20th C. BF 20th C. GF 20th C. SF 20th C. UF Fidelitv Funds: Fidelity ElF Fidelity MF Fidelity OF Fidelity PF Fidelity RG American Funds: G.W. GFA G.W. ICA G.W.IFA G.W. BFA ICMA Funds: ICMA CMF ICMA CBF ICMA UST ICMA AAF ICMA ElF ICMA BMIF ICMA GSF ICMAIF ICMA Plus Market Indices: Dow Jones S & P 500 L.B. Bond Index ADSlDefComplLegend .1st Balanced Growth Select Ultra / . Equity Income Magellan Overseas Puritan Retirement Growth Growth Fund Investment Company Income Fund Bond Fund Cash Management Core Bond U.S. Treasury Securities Asset Allocation Equity Income Broad Market Index (formerly Equity Index) Growth Stock International Plus Fund Dow Jones 30 Industrials S & P 500 Lehman Brothers Page 7 of 14 Pages CCCSD Deferred Comp Distribution By Administrator (Calendar Year 1994) ICMA ($3,583,267)' . Gr. Western ($7,184,898) Hartford Total Investments: $22,531,928 (Six Months Ended June 30, 1995) ICMA ($4.121.769) Gr. Western ($8.290,609) Hartford ($12,845,086) Total Investments: $25,257,464 Page 8 of 14 Pages CCCSD Deferred Comp Distribution By Investment Type (Calendar Year 1994) Bonds ($669,396) Savings ($13,760,610) Stocks ($8,1 01 ,922) Total Investments: $22,531,928 (Six Months Ended June 30, 1995) Bonds Savings. ($14,848,062) Stocks ($9,679,090) Total Investments: $25,257,464 Page gof .14 Pages Q) (.) t: co co E I.- 0 # . 1: CD Q) D- c/)"""" v C>~ cm ...-... .- 0) 'eft. >r- ......, rn~ NE >< enca :J Q) ...., Q) Q) -0 0.>- a: r:: - Eta ~ Q) ..00 Q) ~ 0-0 .... ca as ua3 a:: ~ - -om ........---....---...- N Q)O I I.- ""'--'" I.- Q) .,- '+- ...........---- Q) 0 0 CD en - en en -0 LL en l- I - .- m 0 C) .... ~ :J en U r:: ~ - ~ 0 .- 0 D... :::> () . fa <( <( ~ ~ ctS c( U en :r: ~ ~ ~ 0 . 0 0 (!) . 0 0 ~ - - - m . (!) Page 10 of 14 Pages Q) o c: CO E .... Q. 't::~ Q)~ c..m or- en - 0)0 eM -- Q) ~5 en"'" . -0 Q..Q) E-O otTI Ucn -c~ IDe: ....0 ....~ ~>< Q) .- O~ o en U () U , . C\I ,... o ,.. co.,.-.. ~ "-"" E >< :J Q) ..... ............-.............-.................... <0 ~ ~ .... ..... o Q) Q) ~ 15 as v a: ::E .. C\I 0 - fn fn -c I- u. fn - .- 0 0) Lo- CIJ ~ :J co c: ~ - I 0 :J 0 n.. l- .- . EO <( <( ~ ~ as c( CIJ J: ~ ~ ~ 0 . () () C) . () 0 3: - - 0> . (!) . 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(I: "l- e (1) 15 ........ 0 (I: .... o ~8~<~~<~~<~~~~~~~~~~ can~~~~omw~m~~oo~mw<<- o ~C)... . >. 1=imC) < ~~~.~oo~o~~o~~~a ~~<~ !~~d~~d~~d~~~~~~~o~O o ~ N~ ~~ ~~~~ Q- - UJ (1) o .- -c c: - ~ (1) ~ "- co ~ I Page 13 of 14 Pages Q) (.) c 0 ro eX) 0r- E ,- '- ,... .........-.. CD 0 I LO or- L: 0> Q) 0> v c.. C}I ,- or- - .........-.. ...-.-. 0 -cv '#. N;e Ct) cm ........ ~o C')c: CD ........ o~ c: )( I "- c::: Q) :::s 0"- alt.... ...... :J ~:::s "'C Q) ....., c:. C.m a: -, Q) - 'I- -c a: .... .. v 0 .. co 'I- Q) E>- I Q) 0 ~ Q) , -c "- oCa 15 Q) co c::: ....., ~ a: (Oca o-g ....................._............. Lt) W a: I en -c~ .r::. v (1)ctj +-' '-0 (0 c: 0 '- '-"'" I Q) ~ N "t- O) X 0 .- '" en 0 I X <( "C u.. '-' X <( "E u.. 0 Q) u.. "- m Q) u.. to . "C m 0 0 "C to 0 0 C/) c: :e c: :e - . c( - . c( 0 "C ~ ca "C ~ ca :I: ~ :I: ~ c: . c: . 0 0 (!) 0 0 (!) 0 m m - 0 . . m to . . ...J ...J Page 14 of 14 Pages NOVEMBER 2, 1995 - . CONSENT CALENDAR q. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING ~ctober 19, 1995 NO. 10. BUDGET AND FINANCE b. SUBJECT DATE October 13, 1995 APPROVE AN INCREASE IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) MAXIMUM INVESTMENT BALANCE TYPE OF ACTION APPROVE INCREASE SUBMITTED BY INITIATING DEPT.lDIV. Accountin ISSUE: The Board of Directors reviews and sets policy regarding the District's temporary investments. BACKGROUND: Due to the investment problems that surfaced with Orange County, the District reviewed the security and safety of our investments in the Local Agency Investment Fund (LAIF). At the December 15, 1994 Board Meeting, a presentation was made by Ms. Pat Beale, of LAIF, covering their investment policy, the mix of investments in the LAIF portfolio, timing of maturities and management strategy. After much discussion, it was decided that LAIF continued to be a safe investment vehicle, although concerns were still voiced with respect to LAIF's inability to liquidate the entire fund on a given day without loss of principal. As a result, investments in LAIF were minimized and more funds were invested in short-term treasuries maturing monthly to meet the District's liquidity needs. Therefore, the Board made the decision to reduce the District's investments in LAIF, restricting the amount to $5 million for the Sewer Construction Fund and $6 million for the Certificate of Participation (COP) proceeds. The $6 million COP LAIF account should diminish to zero over the next six months. This will leave $5 million in LAIF for the Sewer Construction Fund. Staff has found that this amount is not sufficient to meet the District's liquidity needs. Further, it forces staff to buy very short-term investment vehicles to meet certain contractor progress payments and other obligations such as payroll. These three to five day investments are very hard to find and frequently, the County must simply deposit excess funds in a non-interest bearing checking account. This results in lost interest earnings for the District. When the County is able to buy a short-term investment vehicle, the interest rate is approximately 1/2 percent less than LAIF. With the concerns over the liquidity and safety of LAIF diminishing, and the fact that the District is not able to maximize its earnings with short-term investment vehicles, staff recommends that the LAIF balance be increased to $7.5 million for the Sewer Construction Fund. This concept has been discussed and endorsed by the Board Budget and Finance Committee. RECOMMENDATION: Approve staff's request to increase the balance in the Sewer Construction Fund LAIF account to $7.5 million. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. PM ADS/Po.PaperI3A/lncLAIF .pp DR NOVEMBER 2, 1995 - ,CONSENT CALENDAR r. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 4 NO. 10. BUDGET AND FINANCE c. POSITION PAPER BOARD MEETING OF SUBJECT DATE RECEIVE THE AUDITED FINANCIAL STATEMENTS AND MANAGEMENT LETTER FOR THE FISCAL YEAR ENDED JUNE 30, 1995 TYPE OF ACTION RECEIVE AUDITED FINANCIAL STATEMENTS SUBMITTED BY INITIATING DEPT.iDIV. Debbie Ratcliff, Controller Administrative/Finance and Accounting ISSUE: The audited financial statements and Management Letter of the Central Contra Costa Sanitary District for the fiscal year ended June 30, 1995 are being submitted to the Board of Directors. BACKGROUND: The firm of Maze and Associates, Certified Public Accountants, has completed its examination of the District's financial statements for the fiscal year ended June 30, 1995, and has submitted the audited financial statements and auditor's opinion thereon. In the routine performance of their examination of the financial statements, the auditors evaluate the District's internal accounting controls to determine the nature and extent of the auditing procedures required. Based on their observations during the course of the examination, the auditors routinely advise District management of any recommendations to improve the system of internal accounting controls. As indicated in the Management Letter provided as Attachment I, the auditors found no areas this year which needed improvement in internal controls. The audited financial statements were submitted in draft form to the Board's Budget and Finance Committee for review, as well as to the State Controller's Office by the annual deadline. RECOMMENDATION: Receive the audited financial statements and Management Letter for the fiscal year ended June 30, 1995. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-7/91 DR PM ADSlPosPaper #3/ AudFin2.pp INITIATING DEPT.iDIY. CENTRAL CONTRA COSTA SANITARY DISTRICf MEMORANDUM ON INTERNAL CONTROL STRUcruRE YEAR ENDED JUNE 30, 1995 ATTACHMENT I Board of Directors and District Manager Central Contra Costa Sanitary District Martinez, California We have audited the fmancial statements of the Central Contra Costa Sanitary District for the year ended June 30, 1995, and have issued our report thereon dated August 22, 1995. As part of our audit, we made a study and evaluation of the system of internal accounting control to the extent we considered necessary to evaluate the system as required by generally accepted auditing standards. The purpose of our study and evaluation was to determine the nature, timing, and extent of the auditing procedures necessary for expressing an opinion on the fmancial statements. Our study and evaluation was more limited than would be necessary to express an opinion on the system of internal accounting control taken as a whole. As part of our study and evaluation of Central Contra Costa Sanitary District, we tested the internal control structure policies and procedures over the following accounting applications: Cash receipts/revenue Cash and investments Receivables Other assets Purchases/disbursements Payroll/personnel Accrued liabilities/accounts payable Budgeting Claims General ledger Management is responsible for establishing and maintaining a system of internal accounting control. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of control procedures. The objectives of a system are to provide management with reasonable, but not absolute assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any system of internal accounting control, errors or irregularities may nevertheless occur and not be detected. Also, projections of any evaluation of the system to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the degree of compliance with the procedures may deteriorate. Our study and evaluation made for the limited purpose described in the first paragraph would not necessarily disclose all material weaknesses in the system. Accordingly. we do not express an opinion on the system of internal accounting control of the Central Contra Costa Sanitary District taken as a whole. However. our study and evaluation disclosed no condition which we believe to be a material weakness or reportable condition. We therefore have no recommendation for strengthening internal controls or procedures. ............... We wish to express our appreciation for the. excellent courtesy and cooperation extended to us by Debbie Ratcliff and her staff during our audit. ~I/tr~~ August 22. 1995 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF November 2, 1995 NO. 3. CONSENT CALENDAR x. SUBJECT DATE October 27, 1995 ACCEPT GRANTS OF EASEMENT FROM TWO PROPERTY OWNERS IN PLEASANT HILL FOR THE PLEASANT HILL RELIEF INTERCEPTOR PROJECT, PHASE 4, DP 4985 TYPE OF ACTION ACCEPT GRANTS OF EASEMENT nt INITIATING DEPT./DIV. Engineering Department/ Infra tru ture Division ISSUES: Board approval is required to accept Grants of Easement. BACKGROUND: The subject sanitary sewer easements are part of the right of way being acquired for the Pleasant Hill Relief Interceptor Project. This section of the interceptor (Phase 4) is located south of Taylor Boulevard and will be constructed under the present alignment of the concrete-lined Grayson Creek flood control channel. Property owners in this area own the underlying property rights. and Contra Costa County Flood Control District has easements along the channel alignment. Therefore, rights to install the interceptor in the future Phase 4 area must be obtained from the owners. An appraisal has been prepared by a licensed real estate appraiser (Associated Right of Way Services) hired by the District to determine the value of the proposed easements. Based on recent comparable sales of similar properties and the impact of the existing and proposed easements on the value of the existing lands, the compensation amounts were appraised to be nominal values of $300 and $2,000 respectively for the two easements. The values of the easements reflect the existing encumbrance on the individual properties caused by the Grayson Creek channel. An agreement has been reached with the property owners, and Grant of Easement Deeds have been signed. Funds for the purchase of the easements are included in the authorized budget for the Pleasant Hill Easement Acquisition Project, D.P. 4985. The following is a list of parcels and amounts paid to each owner. PCl 22 PCl32 Presbytery of San Francisco Fred Carr $2,000 $ 300 This project was addressed in the 1991 Pleasant Hill/A-Line Environmental Impact Report and the 1993 Recycled Water Pipeline Project Negative Declaration. No additional environmental documentation is required. RECOMMENDATION: Accept Grant of Easement Deeds from the Presbytery of San Francisco and Mr. Fred Carr, and authorize staff to record said Deeds with the Contra Costa County Recorder. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIA~ f//J1 /0/ Mfb f;.-. Tor/" 1302A-7/91 RH TJP JSM RAB _~._~_M_____.____.____ .__._,_._,~__.__~_____.._.__~.__,__~_____-------.._____._____-....-"... _MM__'__"'_~"__"'_______""'_~___'__'_'_~____'_'__'__,_._._...,._____,.__.____~__.,.~_~_.__._.,_.__._._.~_.______,~..."..u~..."" i-N"", i-8@ Lu.6@ ~~\? O::..\~ ::::;,~@ Qj~d Lu~~ <:",@ 0;);"'" se:!l~ lJ...a;~ <d HARRIET DR o:g~ LuJ,,,. ::J~~ :::!""";@ :r:::;:d '" @ @ z ~ ~ ~ @ d <:~iI'> o @ V) .. l<:! 0:;\~ Q::"":@ Lu~d LOIS CT BLVO ,AYLOR -' -'ot :E~ !~ t~ ~~ u ~z ~~oo o~Ui=o B~~~~ ~ N , :0 (Y w Q) ::> ~ -' w U <Y <t "- >- z w ::> w If> <l: 'w >- z w z i <Y w "- @ U:'>r'i,'"~JC:'H,t/~?o';~ c' '0"~--< Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF November 2, 1995 NO. 3. CONSENT CALENDAR y. DATE SUBJECT QUITCLAIM SEWER EASEMENT TO FURMAN PROPERTIES, WALNUT CREEK AREA, JOB 1558, PARCEL 17 TYPE OF ACTION APPROVE QUITCLAIM OF SEWER EASEMENT SUBMITTED BY Dennis Hall INITIATING DEPT./DIV. Engineering Departmentl ISSUE: Furman Properties, owners of the three properties on San Miguel Drive, has requested that the District Quitclaim the subject easement. BACKGROUND: The subject easement was granted at no cost to the District in 1949. It was created to serve structures which have since been razed to provide space for a new managed- care, senior-housing complex. The sewer main within the easement is no longer in service and has been abandoned. The sewer easement is no longer required for District use and may now be Quitclaimed. Staff has determined that this project is exempt from t he California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 18.6, since it involves a minor alteration in land-use limitations. Board of Directors' approval of this project will constitute a finding of agreement with this determination unless otherwise indicated. RECOMMENDATION: Approve Quitclaim Deed to Furman Properties, Job No. 1558, Parcel 17; authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deed; and authorize the Quitclaim Deed to be recorded. 1302A-7/91 DH JSM RAB REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. ~ fJI/J( Central Contra Costa Sanitary District . QUITCLAIM SEWER EASEMENT JOB 1558 - PARCEL 17 WALNUT CREEK AREA 2523.1/9 ; Central Contra Costa Sanitary District BOARD OF DIRECTORS BOARD MEETING OF November 2, 1995 SUBJECT ACCEPT CONTRACT WORK FOR THE TREATMENT PLANT COGENERATION FACILITY PROJECT, DISTRICT PROJECT 6069 AND AUTHORIZE FILING OF NOTICE OF COMPLETION SUBMITTED BY INITIATING DEPT.lDIV. PAGE 1 OF 1 NO. 3. CONSENT CALENDAR z. DATE October 1 9 1 995 TYPE OF ACTION ACCEPT CONTRACT WORK David J. Reindl, Associate Engineer Plant Operations/Maintenance Engineering ISSUE: Work has been completed on the Treatment Plant Cogeneration Facility Project, and District Staff recommends acceptance of the contract work. The Board of Directors must accept the contract work before a Notice of Completion can be filed or the project closed out. BACKGROUND: On May 19, 1994, the Board of Directors authorized the Award of Contract for the construction of the Cogeneration Facility Project to Monterey Mechanical Company for $2,398,000. The work consisted of installing a pre-purchased gas turbine generator and furnishing and installing a heat recovery system, natural and landfill gas fuel systems, and electrical switch gear to connect the generator output to the treatment plant 12 Kv distribution system. The installation work was completed on August 14, 1995, and the equipment will meet all performance requirements. The contract schedule was impacted by two delays. The first was caused by a strike at the boiler manufacturer that resulted in a 75-day time extension. The second delay was caused by a protracted startup of the gas turbine due primarily to the complexity of the dual fuel system. The total time extension of 155 days has been negotiated with Monterey at no additional cost to the District. The contract amount includes change orders of $65,378 to cover extra work mainly to relocate existing process piping to eliminate conflicts with the installation of the heat recovery system, and to deal with contaminated soil encountered while excavating pipe trenches north of the Solids Conditioning Building. Preliminary emissions testing has been completed to demonstrate compliance with Bay Area Air Quality Management District permit requirements. The maintenance contract with Solar Turbines, Incorporated is on hold pending final resolution of startup punch list items. The unit has operated at 100 percent on-peak availability in September and is expected to meet all savings projections as final operational adjustments are implemented. RECOMMENDATION: Accept contract work for the installation of the Treatment Plant Cogeneration Facility Project, and authorize the filing of the Notice of Completion with the Contra Costa County Recorder. ~~_._,--"'--~----_._,.~_.._---_._-_.".__._"-_._"--"~.----_...__._---_.._-~--_.__._--'-"..,.__....._- Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 . BOARD MEETING OF November 2 1995 NO. 3. CONSENT CALENDAR aa. SUBJECT DATE ACCEPT THE CONTRACT WORK FOR THE 94/95 SEWER RENOVATION PROJECT (DP 5034) AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION TYPE OF ACTION ACCEPT CONTRACT WORK SUBMITTED BY Kris Kilgore Associate En ineer ISSUE: Construction has been completed on the 94/95 Sewer Renovation Project (DP 5034), and the work is now ready for acceptance. BACKGROUND: The 94/95 Sewer Renovation Project, DP 5034, in Danville, Martinez and Walnut Creek is part of a comprehensive program to systematically replace or renovate small diameter sewer line segments that require high maintenance. The location of the work is shown in Attachment 1. Approximately 3,000 feet of 4- and 6-inch sewer was upsized to 8-inch pipe by pipe-bursting techniques, and 7,000 feet of 6-inch sewer was replaced with 8-inch and 12-inch pipe. Additional information on the project is presented on pages CS-63 to CS-65 of the 1995-96 Capital Improvement Budget. On May 18, 1995, the Board of Directors authorized the award of a contract for construction of the project to Ranger Pipelines, Inc./D' Arcy & Harty Construction of San Francisco. The Notice to Proceed was issued on June 7, 1995, with a specified completion date of December 5, 1995. The contract work was substantially completed on October 5, 1995. The remaining work consists of minor punch list items which do not affect the project acceptance. The total authorized budget for the project including the cost of engineering design, contract administration, District forces, testing services, etc., is $ 1,295,000. A detailed accounting of the project cost will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDATION: Accept the contract work for the construction of the 94/95 Sewer Renovation Project, DP 5034, in Danville, Martinez, and Walnut Creek, and authorize the filing of the Notice of Completion. KAK HT JSM RAB REVIEWED AND RECOMMENDED FOR BOARD ACTION K IH<- ~ 01(3 INITIATING DEPT./DIV. 1302A-7/91 c <> " r- I I ~ IN ~ ---- ' "- BEN I C I A---...----....... \ I . SAN ~', " , \: FRANC{SCO -"'-, \~'\ BAY '- :..J" ~ \. -...:, ;0 a. o C' . ~ ... . .... o ~ .. ,., .. '0 u ... . L '" ~ . PROJECT AREAS o L..- 3 (, I MILES Celltral Contra Costa Sanitary District SITE lOCATION MAP 1994 - 1995 PIPE REPLACEMENT PROJECT 1 ATTACHMENT .. '" .... ::: en . ,.. .. ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 7 BOARD MEETING OF November 2, 1995 NO. 5. BIDS AND AWARDS a. SUBJECT DATE October 27, 1995 CONSIDER RESPONSIVENESS OF BID BY ALAMO ENGINEERING TO PROVIDE ANNUAL POTHOLlNG SERVICES, CONSIDER AWARD TO LOWEST RESPONSIBLE BIDDER SUBMITTING A RESPONSIVE BID TYPE OF ACTION DECLARE BID NONRESPONSIVE AUTHORIZE AWARD SUBMITTED BY INITIATING DEPTJDIV. Tom Cheng, Assistant Engineer Engineering Dept.llnfrastructure Div. ISSUE: On October 9, 1995, sealed bids were received and publicly opened for providing potholing services for seven current capital projects and miscellaneous future projects. Staff has concluded that the bid of the apparent low bidder is nonresponsive. Action of the Board of Directors is required to reject as nonresponsive bids which vary materially from the contract specifications. The Board must authorize award of the contract or reject bids within 50 days of the bid opening. BACKGROUND: The Infrastructure Division performs approximately 200 potholes each year as a part of the design of various capital projects. The purpose of potholing is to expose underground utilities along the proposed sewer alignments at points of potential conflicts. The results are useful for evaluating alternatives during the facilities planning and design phases of projects and for minimizing change orders during construction. In the past, a separate contract was negotiated with a potholing firm each time a need arose. On this basis, the estimated cost of doing the work included in this Bid Request would be $101,500. By bidding all potholing work which the Contractor may be required to perform on several projects through the contract period, the District will obtain a lower overall cost and a significant reduction in paper work associated with negotiating and issuing separate contracts. The purpose of the Bid Request is to fix the unit cost per each portion of the work for certain potential projects, while obtaining the lowest overall cost for the District, and not to arrive at a total lump sum bid amount. A Bid Request for annual potholing work was advertised on September 29 and October 5, 1995. Three bids were received and publicly opened on October 9, 1995. A summary of bids is presented in Attachment 1, Tabulation of Bids. The Engineering and Purchasing staff conducted a technical and commercial evaluation of the bids. It was found that the bid of Alamo Engineering, the apparent low bidder, does not meetthe specifications which requires that the potholing be done by a nondestructive method such as a vacuum type excavator or equal. Vacuum excavation is a nondestructive technique that utilizes an air lance to loosen the soil so that it can be removed by a vacuum hose. The resulting hole is significantly smaller than conventional excavation and the risk of damaging utilities is lev f~ REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPTJDIV. 1302A-7/91 TCC TJP JSM KFL RAB _._-_.~._-_.. ._._--".~._^-_.._----~--... --~-.__.,-,_.,-_._-_.._----~---_..,,-~,._.-_.~---_._-_.-----"--------.- CONSIDER RESPONSIVENESS OF BID BY ALAMO ENGINEERING TO PROVIDE ANNUAL POTHOllNG SERVICES, CONSIDER AWARD TO LOWEST RESPONSIBLE BIDDER SUBMITTING A RESPONSIVE BID ::lilll:'IIIII:~~:I~III!llllli! SUBJECT PAGE 2 DATE OF 7 October 27, 1995 virtually eliminated. Alamo Engineering planned to use a 416 Cat Backhoe for the potholing operation as indicated in their October 10, 1995, letter (Attachment 2). This is considered by staff to be a material variance since the use of a 416 Cat Backhoe is considered a destructive method of potholing. Additionally, since the bid amounts are based on providing 500 hours of potholing services, the bid results are misleading because Alamo's bid does not reflect the fact that it takes 2 to 4 times as long to dig a pothole utilizing a conventional excavator as opposed to a vacuum excavator. Bid proposals may be rejected by the Board of Directors as nonresponsive if there are any variances from the Bid Request Document, which are determined by the Board to be material in nature. ~Iamo Engineering has agreed in essence that its bid is nonresponsive and that its bid can be rejected as the Board can see from the letter received from Alamo Engineering (Attachment 2). Subsequent letters to Alamo Engineering (Attachments 3 and 4) confirm that staff will be recommending that the bid by Alamo Engineering be found nonresponsive. Therefor, staff recommends rejection of the bid of Alamo Engineering. If the Board determines that the bid of Alamo Engineering is nonresponsive, staff has evaluated the remaining bids and determined that the second low bidder, Miller Pipeline Inc. of Oakland, is the lowest responsible bidder submitting a responsive bid. Staff has concluded that this contract is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 17.3 since it provides sewer design information that will not have a legally binding effect on later activities. The Board of Directors' approval of this contract will constitute an independent finding that the contract is exempt from CEQA. RECOMMENDATION: 1 . Determine that the bid of Alamo Engineering contains a material variance, and reject the bid of Alamo Engineering as being nonresponsive, and 2. Authorize award of an annual potholing contract to Miller Pipeline Inc., the lowest responsible bidder submitting a responsive bid. The initial contract not-to-exceed amount will be $97,250. 13028-7/91 Page 3 of 7 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. 006484CG --- Potholina of Underaround Utilities DATE 10/09/95 LOCATION Various Sites in the District ENGR. EST. $ 102.000 BIDDER (Name. Telephone & Address) BID PRICE 1 Alamo Engineering (510)743-9450 $ 84.800.00 123 Redondo Way. Danville. CA 94526 2 Miller Pipeline Corporation (510) 382-2170 $ 97 .250.00 8977 Railroad Avenue. Oakland. CA 94621 3 SAF-R-DIG Utilities Surveys. Inc. (800) 326-0446 $ 224.450.00 P. O. Box 1578 Palm Desert. 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I i i t II i ~ II I-- Z w ::E J: U <( I-- I-- <( FILE q-7d-t'. ~3 1m m rn uwm m UlJ OCT I I 1995 ;'J 1./; . ;:-.... 10/10/95 11:54 'B ATTACHMENT 2 ALAMO ENGINEERING GENERAL ENGINEERING CONTRACI'OR LICENSE # 654629 ; CCCSO INFRASTRUCTURE i __..I October 10, 1995 Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Att: Mr. Tom Cheng Dear Mr. Cheng, In your specification you requested a vacuum type excavator for this project. I do rent my equipment from Peterson Tractor in San Leandro, and Northgate tractor in Walnut Creek. In discussions with them prior to the bid they where not aware, nor did they have such a machine. If that criteria is to be kept in order to fulfill this project, then the 416 cat backhoe I intend on using will not meet your requirement. I have no objections if you wish to reject my bid, givirig the job to the second bidder or rebid this project in its entirety. Per your request I'm faxing a list of references. Jerry Winters CCCSD inspector Ray Bonetti, Frank Bonetti Plumbing (510) 582~0934 Carl Ferrero, Designed Mobile Systems (510) 683-9747 Edna Hunt, Livermore Valley Joint Unified School District (510) 606-3200 Sincerely, j.... .'1/t./} _. L ..AJ~ r ~ ..~. Manuel Silva P. O. BOX 1731-6731 DANVILLE. CA 94526 (510) 743-9450 FAX (510) 855.9210 Page 5 of 1 ATTACHMENT 3 - , .. , Centra' Contra Costa Sanitary District 5019 Imhoff Place;Martinez, California 94553-4392 (510) 228-9500 · FAX: (510) 676-72II ROGER J. DOLAN General MQ1IJJ.ger Chief Engineer October 17, ~ 995 KENl'ON L. AUf Counsel for the Distrid (510)938-1430 JOYCE E. MURPHY Secretary of the District Mr. Manuel Silva Alamo Engineering P.O. Box 1731-6731 Danville, CA 94526 Dear Mr. Silva: BID REQUEST FOR POTHOLDING OF UNDERGROUND UTILITIES BID REQUEST NUMBER 006484CG ~ The Central Contra Costa Sanitary District has completed a technical and commercial evaluation of your bid submitted October 9, 1995, for th~ above request. Your letter dated October 10, 1995, indicates that you plan to utilize a 416 Cat backhoe for the potholing operation. The technical specifications require that the potholing be done by a nondestructive method such as a vacuum-type excavator or equal. Based on the information available, staff will be recommending to the Board of Directors at the November 2, 1995, Board Meeting to find your bid as nonresponsive and reject it on that basis. Staff will also recommend that the project be ~warded to the second low responsive/responsible bidder, Miller Pipeline Inc. .. If you wish to provide any additional information pertaining to this determination or if you desire to address the Board on this issue, please notify in writing the District Secretary, Joyce Murphy, by 5:00 p.m. October 26, 1995. . Please feel free to contact meat (510) 229-7273 if you have any questions. Sincerely, i!:!1:f!!--1' Senior Engineer T JP/msf c: R. Baker M. Cornelius C. Gregg J. McCoy J. Murphy * R.~~INFRArrAD/sILVA.LTR HOll Page .6 of '7 ATTACHMENT 4 Central Contra Costa Sanitary Distric.t 5019 Imhoff Place, Martinez, California 94553-4392 . (510) 228-9500 · FAX: (510) 676-7211 October 19, 1995 ROGER 1. DOLAN General Manoger Chief Engi1wer KENl'ON 1.. AUf Counsel for the District (510) 938-1430 CERTIFIED MAIL JOYCE E. MURPHY SecretD17l 01 the District Mr. Manuel Silva Alamo Engineering P. O. Box 1731-6731 Danville, CA 94526 Dear Mr. Silva: BID REQUEST FOR POTHOLlNG OF UNDERGROUND UTILITIES BID REQUEST NO. 006484CG Based on your October 10, 1995, letter, and subsequent discussions with you, the District will not be conducting a public hearing on the subject issue prior to considering staff's recommendation. Staff is recommending that the Board find your bid as non-responsive and award the project to the second low responsive/responsible bidder, Miller Pipeline Inc. It is staff's understanding that you do not have any objections to this course of action. If you have any concerns, please contact me at (510) 229-7273 by October 25,1995. Sincerely, ~j7~fUj, Tad J. Pilecki Senior Engineer T JP/vh cc: R. Baker M. Cornelius C. Gregg J. McCoy ID-GUC: Infra/DP/4928AlamoEng. L (1} Recycled "aper HOB Page 7 of 7 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 5 BOARD MEETING OF November 2, 1995 NO. 5. BIDS AND AWARDS b. SUBJECT DATE October 27, 1995 AUTHORIZE AWARD OF AN ANNUAL CONTRACT TO MIKE HEANS PIPELINE SERVICES FOR TELEVISION INSPECTION SERVICES TYPE OF ACTION AUTHORIZE AWARD Tom Cheng, Assistant Engineer INITIATING DEPT.lDIV. Engineering Dept.llnfrastructure Div. SUBMITTED BY ISSUE: On October 9, 1995, sealed bids were received and publicly opened for providing television inspection services for seven current capital projects and miscellaneous future ~ projects. The Board must authorize award of this contract or reject bids within 50 days of the bid opening. BACKGROUND: The Infrastructure Division televises approximately 70,000 feet of sewer pipeline each year as a part of the design of various capital projects. The purpose of internally televising sewer pipelines is to evaluate the physical condition of existing sewers, particularly with regards to cracks, joint offsets, pipe alignment, sags, root intrusion, grease build-up, and corrosion, and to locate lateral connections. The results are useful for determining the type of reconstruction during the design phase of projects and for the scheduling of maintenance by the District's Collection System Operations Department staff. If this work were done by District forces, the volume of work would exceed the capacity of the District's current staffing. In the past, a separate contract was negotiated with a television inspection firm each time a need arose. On this basis, the estimated cost of doing the work included in this Bid Request would be $64,500. By bidding TV inspection work, which the Contractor may be required to perform on several projects through the contract period, the District will obtain a lower overall cost and a significant reduction in paper work associated with negotiating and issuing separate contracts. The purpose of the Bid Request is to fix the unit cost per each portion of the work for certain potential projects, while obtaining the lowest overall cost for the District, and not to arrive at a total lump sum bid amount. A Bid Request for annual television inspection work was advertised on September 29 and October 5, 1995. Five bids were received and publicly opened on October 9, 1995. These bids are listed in Attachment 1, Tabulation of Bids. The Engineering and Purchasing staff conducted a technical and commercial evaluation of the bid and concluded that Mike Heans Pipeline Services is the lowest responsible bidder. TCC 11;1 ~ f)4{f RE~EWEDANDRECOMMENDEDFORBOARDAcnON INITIATING DEPT.lDIV. 10& 1302A-7/91 JSM KFL RAB AUTHORIZE AWARD OF AN ANNUAL CONTRACT TO MIKE HEANS PIPELINE SERVICES FOR TELEVISION INSPECTION SERVICES !1111111111.11!1I1111111!111 SUBJECT PAGE 2 DATE OF 5 October 27, 1995 Staff has concluded that this contract is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 17.3 since it provides sewer design information that will not have a legally binding effect on later activities. The Board of Directors' approval of the contract will constitute an independent finding that the contract is exempt from CEQA. RECOMMENDATION: Authorize award of an annual contract to Mike Heans Pipeline Services, the lowest responsible bidder, for providing television inspection services. The initial contract not-to-exceed amount will be $51,350. 1302B-7/91 .___,_~.._,"_...,._,_._...._~,~_.,"__._,_.,,_.,_________,_.,~,.,,__,__,""'__'_.""_"'__'~__"'U__'_"_"_"_'_"..__."-"_ ".._.,._.._.._--~_.__._"_.,-_._._.._..__.._,.,,.._..-. ..-.-,.--.',.-..-....-. Page 3 of 5 Central Contra Costa Sanitary District SUMMARY OF BIDS BID REQUEST NO. 006485CG Television Insoection of Sanitary Sewers DATE 10/09/95 LOCATION Various sites in the District ENGR. EST. $ 65,000 BIDDER (Name, Telephone & Address) BID PRICE 1 Mike Heans Pipeline Services (209) 931-3331 $ 51 ,301.00 P. O. Box 1927, Modesto, CA 95353 2 Video Inspection Specialists (209) 276-0186 $ 53,335.50 4705 West Santa Ana, Fresno, CA 93722 3 ABC Service (916) 448-3535 $ 55,208.25 204 23rd Street, Sacramento, CA 95816 4 GELCO Services, Inc. (916) 689-1314 $ 93,490.00 8481 Carbide Court, Sacramento, CA 95828 5 Subtronic Corporation (510) 686-3747 $ 96.305.50 2099C Arnold Industrial Way, Concord, CA 94520 6 $ 7 $ 8 $ BIDS OPENED BY Paul Morsen DATE 10/09/95 .- ..... z w ~ :::I: U <( ..... ..... <( co co co co co on co co co 8 g 8 co on co ~ co N co on co 0 0 0 0 0 N i g ~ 0 N N 0 0 ISl ~ ~ 0. ~ N ~ on .. ... "" .. '" .. 11\ .0 . "". . . . "" N ... ... ... ... N ... IIJ ! ~ ~ ~ ~ ~ 0 ~ co 0 0 0 N '" ~ . co II! '" "'; on "'; 11\ W ~ 0 III 0 11\ L{') U o. w ~ 0 0 0 0 0 0 0 0 0 0 0 0 a: ... ;: I- - a: c w 0 z " I- - Q aI o::l'" a: w 11\ U c 5 !5 w 'f 0. on Z 0 III ~ co - w W "" :z I- a: 8 I- a: u w w u u .... III :) I- ! a: w aI C co W III a: w .... :z: C III ... 0 Q C I- Z Z :It III ... p1 co co co co co co co co co co co co l- on co ~ co co co co ~ co co co co III ~ i 0 - N '" ... 11\ '" 0 11\ 0 0 ie .... ..0 11\ ~ co ~ 0 on :8 0 :!i .. N on .. 11\ N .. ... . N . . U N on ... ... N N N W N ... Q. III co ~ ~ 11\ - : "" I- "". 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SUBJECT DATE DENY APPEAL OF DISCIPLINARY ACTION BY THE UNION ON BEHALF OF DAVID HOLLENBACH, MAINTENANCE TECHNICIAN III, MECHANICAL, IN ACCORDANCE WITH ARBITRATOR'S RECOMMENDATION ctober 1 9 1995 TYPE OF ACTION HUMAN RESOURCES SUBMITTED BY INITIATING DEPT./DIV. Paul Morsen, Deputy General Manager Administrative/Human Resources ISSUE: In accordance with the Disciplinary Procedure in the current Memorandum of Understanding (M.O.U.) between the District and the Central Contra Costa Sanitary District Employees' Association, Public Employees' Union, Local No. One, the Board may adopt, reject, or modify the recommendation of an appointed neutral third party (arbitrator) in appealed disciplinary matters. BACKGROUND: On behalf of Maintenance Technician III, Mechanical David Hollenbach, the Union filed an appeal of a fifteen day suspension without pay. A fair and impartial hearing was held. The Union appealed to the Board of Directors in accordance with the M.O.U. between the parties. The Board authorized the selection of an arbitrator to hear the appeal and make a recommendation to the Board for their consideration. Mr. Kenneth Silbert served as the arbitrator and was selected from a list submitted by the State of California Mediation and Conciliation Service. The arbitrator's recommendation has been provided under separate cover for the Board's information. He ruled that the District had acted properly in its suspension of Mr. Hollenbach. The Secretary of the District notified the Union that this issue would be on the Board's November 2, 1995 agenda. The Union representatives have been invited to attend if desired. RECOMMENDATION: Deny and dismiss the appeal of the Union on behalf of Maintenance Technician III, Mechanical David Hollenbach in accordance with the Arbitrator's recommendation, as the final action of the District. RE~EWEDANDRECOMMENDEDFORBOARDAcnON INITIATING DEPT./DIV. j;t?,." fiHN.r... 1302A-7/91 PM