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HomeMy WebLinkAboutAGENDA BACKUP 08-04-94 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF August 4, 1994 NO. 3. CONSENT CALENDAR f. SUBJECT ACCEPT THE CONTRACT WORK FOR THE 1993-94 SEWER RENOVATION PIPE REPLACEMENT PROJECT (DP9560) AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION DATE August 1, 1994 TYPE OF ACTION ACCEPT CONTRACT WORK SUBMITTED BY Thomas A. Trice, Engineering Assistant INITIATING DEPT.lDIV. Engineering Dept.llnfrastructure Div. ISSUE: Construction has been completed on the 1993-94 Sewer Renovation Pipe Replacement Project (DP 9560), and the work is now ready for acceptance. BACKGROUND: This project is part of a comprehensive program to systematically replace or renovate small diameter sewer line segments that required high maintenance. Approximately 14,400 feet of a-inch sewers, 230 laterals and 20 manholes at various locations in Moraga, Lafayette and Walnut Creek were replaced or renovated. See Attachment 1 for the general location of the project sites. Additional information on the project is given on page CS-112 of the 1993-94 Capital Improvement Budget. On January 6, 1994, the Board authorized the award of a contract for construction of the project to Woods Construction Co., of San Francisco. Notice to Proceed was issued on February 14, 1994, with a specified completion date of August 15, 1994. The contract work at all the sites except site No. 13, Keys Court and site No. 17, West Cliff Lane which were deleted from the contracts was substantially completed by July 22, 1994 with the new sewers in full operation. The remaining work consists of minor punch list items which do not affect the project acceptance. The total authorized budget for the project, including engineering design, District forces during construction, testing services, etc. is $1,643,000. A detailed accounting of the project costs will be provided to the Board at the time of project close out. It is appropriate to accept the contract work at this time. RECOMMENDATION: Accept the contract work for the construction of the 1993-94 Sewer Renovation Pipe Replacement Project (DP9560) and authorize the filing of the Notice of Completion. REVIEWED AND RECOMMENDED FOR BOARD ACT/ON -vrr PJJB INITIATING DEPT.lDIV. 1302A-7/91 TT /KK RAB c: '" " ,; o ... '" '" ... o ... '" ~ .. ,., .. ~ /~ , ~~ ~ ". ~ . '~~a .. W ALN UT~ CREEK o ~ ~ L ! ... AREA Q. MAP I 5 . PROJECT LOCATIONS I SCALE IN MILES .. o .., Central Contra Costa Sanitary District 1993'94 SEWER RENOVATION PIPE REPLACEMENT PROJECT DP X9560 ATTACH€NT .., ... ... I u ... 7 ~ 1 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 1 BOARD MEETING OF August 4, 1994 NO. 3. CONSENT CALENDAR g. SUBJECT DATE REQUEST FOR APPROVAL OF REGISTRATION DIFFERENTIAL FOR MICHAEL PENNY, ASSISTANT ENGINEER IN THE ENGINEERING DEPARTMENT TYPE OF ACTION PERSONNEL SUBMITTED BY INITIATING DEPT./DIV. Tad Pilecki, Senior Engineer Engineering Dept.llnfrastructure Div. ISSUE: Payment of a registration differential requires approval by the Board of Directors. BACKGROUND: Michael Penny is an Assistant Engineer in the Engineering Department/ Infrastructure Division. This classification does not require registration as a professional engineer. The Memorandum of Understanding (MOU) between the District and Central Contra Costa Sanitary District Employees' Association, Public Employees' local No.1, provides for the payment of a registration differential for employees who achieve registration or license as Professional Engineer, land Surveyor, or Certified Public Accountant while employed by the District in a position not requiring such registration or license. Michael Penny has provided evidence to his supervisors that he has passed the California Engineering Registration Examination and is now a registered Civil Engineer. Mr. Penny has consistently demonstrated an ability to assist in the accomplishment of District activities requiring a professional level of skills and experience normally expected of a registered engineer. Mr. Penny was notified of his successful completion of registration requirements in a letter dated July 8, 1994. The current MOU states: "Upon review and concurrence by the Department Manager, the recommendation shall be forwarded to the General Manager-Chief Engineer for his approval. If approved by the General Manager-Chief Engineer, the matter shall be presented to the Board of Directors for consideration. The Board of Directors shall consider each recommendation of the merit increase, and, if granted, it shall become initially effective on the date that the employee makes written application to the Board indicating receipt of notification of the registration and/or license and will continue while that employee occupies a position not requiring such registration and/or license. " Michael Penny applied for professional registration differential through his supervisors and the Department Manager on July 21, 1994. RECOMMENDATION: Grant Michael Penny a 5-percent salary increase effective July 21, 1994, for professional registration differential provided for in the MOU. RE~EWEDANDRECOMMENDEDFORBOARDAcnON !1)f 1302A-7/91 TJP JSM RAB Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 1 BOARD MEETING OF August 4, 1994 NO. 3. CONSENT CALENDAR h. DENY CLAIM FOR DAMAGES FROM SUBCONTRACTOR, CALMA T CO. DATE July 27, 1994 SUBJECT TYPE OF ACTION DENY CLAIM SUBMITTED BY INITIATING DEPT./DIV. Bonnie Allen, Risk Manager Administrative/Risk Management ISSUE: Calmat Co. has filed a claim for $13,608.91 alleging that Calmat Co. was damaged by failure of the District to insure that the Contractor obtain a payment bond from a surety admitted to transact insurance business in California. Claim denials require action by the Board of Directors. BACKGROUND: Claimant was a subcontractor to R&E Construction Co. on the Overlook Drive Project (DP 4871) in Walnut Creek. A Notice of Completion was filed September 21, 1993 and claimant failed to file a Stop Notice within the required time limit. Claimant alleges that it has not been paid by R&E Construction and claimant's counsel states that claimant received no response from the surety. The Managing General Agent for the surety advises that no claim was received from Calmat Co. It appears that the District has complied with the statutory requirements of Civil Code Section 3247-3252 concerning payment bonds. The District has properly paid R&E Construction in full for the construction project. RECOMMENDATION: Deny the claim by Calmat Co. for damages of $13,608.91 and refer to staff for further action as required. REWEWEDAND RECOMMENDED FOR BOARD AcnON SA PM Me .f"c;r- KLA 1302A-7/91 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 4 August 4, 1994 NO. 5. PERSONNEL a. BOARD MEETING OF SUBJECT DATE APPROVE AND AUTHORIZE EXECUTION OF EMPLOYMENT CONTRACT FOR THE SECRETARY OF THE DISTRICT Jul 25, 1994 TYPE OF ACTION APPROVE EMPLOYMENT CONTRACT SUBMITTED BY Roger J. Dolan General Manager-Chief Engineer INITIATING DEPT.IDIV. Administrative ISSUE: Final Board approval and execution of the Employment Contract for the Secretary of the District is now appropriate. BACKGROUND: The Secretary of the District and the Board's representative, Gerald R. Lucey, have met and agreed upon the contract for this Executive Management position. The current Employment Contract expired June 30, 1994. Negotiations were delayed until bargaining with other representation groups was concluded. The Employment Contract for the Secretary of the District provides for salary adjustments and benefits consistent with the Management Group Memorandum of Understanding effective June 1, 1994. . The contract is effective July 1, 1994 through June 30, 1998, and provides for automatic year for year renewal at the end of the four-year term. After the initial four-year period, if either the Board or the employee feels that services should end, they would so advise the other party before the end of December of one year and the contract would expire the following June 30 without any further severance compensation. If one party wishes to modify the contract, but not terminate it, that party would so advise the other and any negotiated amendment would become effective on the following July 1. . The contract also adds language dealing with severance pay in response to a new law (SB 1996) which requires severance language and mandates an 18-month pay maximum. Twelve months severance pay has been proposed, although it is not expected that this language will ever be needed. . Installment payment of terminal compensation is proposed. This would provide a mechanism for paying out the terminal compensation over more than one year. RECOMMENDATION: Approve and authorize execution of the Employment Contract for the Secretary of the District, effective July 1, 1994. RE~EWEDANDRECOMMENDEDFORBOARDAcnON EPT./DIV. CENTRAL CONTRA COSTA SANITARY DISTRICT SECRETARY OF THE DISTRICT JOYCE E. MURPHY EMPLOYMENT CONTRACT I. Central Contra Costa Sanitary District, a special district organized pursuant to the State of California H&S Code, Sanitary District Act of 1923, herein referred to as the District, hereby employs the Employee as Secretary of the District, subject to the terms, conditions, and provisions of this Agreement. The Employee hereby accepts such employment and agrees to render services as provided herein, all of which services shall be performed conscientiously and to the full extent of Employee's ability. Employee's services shall be exclusive to the District during the term of this Agreement. II. Term. The Employee's employment shall continue for a period of four (4) years, beginning on July 1, 1994, and ending on June 30, 1998. Except as provided for in Paragraph VIII, beginning July 1, 1998, the term of the contract shall be extended automatically on a year-by-year basis unless either party notifies the other b~fore December 31 of the year before the year in which the contract is due to expire of its intention to modify or not to extend the contract. In the event of such notification, the contract shall terminate on the following June 30 unless the contract is modified by mutual consent. The Employee shall notify the Board prior to the end of November of every year subsequent to 1997. III. Positions and Duties. The Employee shall serve in the position referred to above with authority to act on such matters as may from time to time be appropriate. IV. Exclusivitv. The Employee warrants that there are no agreements or arrangements, whether written or oral, in effect which would prevent the Employee from rendering exclusive services to the District during the term hereof, and that the Employee has not made and will not make any commitment or do any act in conflict with this Agreement. V. Salarv and Benefits. Salary - The salary range for the position of Secretary of the District shall be Range M-36. Effective July 1, 1994, salary shall be $5,970 (plus 2.5 percent longevity) per month. 1 Salary shall be increased each July first for the years 1995, 1996 and 1997 in an amount equivalent to the Consumer Price Index (San Francisco, Oakland, San Jose - All Urban Consumers) published by the U.S. Department of Labor for the year ending February prior to the adjustment date. Effective July 1, 1995, the adjustment will be at least 2 percent, and no more than 6 percent. Effective July 1, 1996, the adjustment will be at least 2.5 percent, and no more than 7 percent. Effective July 1, 1997 and thereafter, the annual adjustment will be the same salary adjustment as applies to the Management Group. In addition, the Employee may receive a merit increase every twelve (12) months from the date permanent status was achieved (November 17, 1983) until the top of the range is reached. Benefits - The Employee shall enjoy the same benefits as the benefit program which applies to the Management Group effective June 1, 1994, or as may be negotiated in future years, except as follows: The Employee Cafeteria Plan is currently five hundred dollars ($500) per month. Yearly benefits will be calculated as of April 30 of each year. VI. Return of Prooertv. Upon termination of this Agreement, regardless of how termination may be effected, or whenever required by Employer, Employee shall immediately turn over to Employer all of Employer's property, including all items used by Employee in rendering services hereunder or otherwise, that may be in Employee's possession or under his/her control. VII. This Agreement is made and entered into in the State of California, and the laws of California shall govern its validity and interpretation and the performance by the parties hereto of their respective duties and obligations hereunder. VIII. Termination. Either the District or the Employee may terminate this agreement with or without cause at any time upon 90 days written notice to the other party. In the event of termination by the Employer, the Employee shall be paid severance compensation equal to either twelve times the last month's salary, or the salary of the time remaining in the contract, whichever is less. 2 IX. Terminal Comoensation. To avoid large lump sum outlay at the time of separation, the terminal compensation for accumulated sick leave and vacation time shall be disbursed in a series of annual installments. The total amount of the installment payments shall be the value of accumulated vacation plus 85 percent of the value of any accrued sick leave. There would be a series of payments of $10,000 per year. Each year the remaining balance shall accrue interest based on the interest earnings of the District investments. In the event of the death of the Employee, the District shall make a final payment consisting of the unpaid balance of the terminal compensation plus accrued interest. X. Entire Agreement. This instrument contains the entire agreement of the parties. It may not be changed orally and any written modification must be signed by both parties. XI. Arbitration. Any controversy or claim arising out of or relating to this Agreement or breach thereof, shall be settled by arbitration conducted through the offices of the California State Mediation and Conciliation Service, and judgment upon the award rendered by the arbitrator selected from a panel provided by the California State Mediation and Conciliation Service may be entered in any court having jurisdiction thereof. In reaching his or her decision, the arbitrator shall have no authority to change or modify any provisions of this Agreement. 1-.27-91- Dated ~t. cq~__ Jo c E Murphy , Dated Gerald R. Lucey, District Labor Counsel Dated Susan McNulty Rainey President, Board of Directors 3