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HomeMy WebLinkAboutAGENDA BACKUP 10-19-89 . Cent -.~ Contra Costa Sanltar- ~ District BOARD OF DIRECTOFi~ PAGE 1 OF 2 NO. IV. DATE BIDS AND AWARDS 1 POSITION PAPER BOARD MEETING OF SUBJECT RESCIND NOTICE OF AWARD AND REJ ECT CllSTOM roNTROLS AND ELECTRIC roMPANY'S BID, AND AUTHORIZE AWARD OF CONTRACT FOR DISTRICT PROJECT NO. 10057, LARWIN PUMPING STATION UPGRADE, TO THE SECOND LOWEST RESPONSIBLE BIDDER, CLASSIC ELECTRIC & DATA TYPE OF ACTION REJ ECT B IDf AUTHORIZE AWARD INITtA TING DEPT./OIV. Plant 0 erations De artment ISSUE: Custom Controls and Electric Company has failed to secure performance and labor and material bonds, as required by the bid request and contract for District Project No. 10057, Larwin Pumping Station Upgrade. Action by the Board of Directors is requi red to reject a bid for being nonresponsive and authorize award to the second lowest responsible bidder. BACKGROUND: On September 21, 1989, the Board of Directors authorized Award of Contract for $54,900 for District Project No. 10057, Larwin Pumping Station Upgrade, to Custom Controls and Electric Company (Contactor), the apparent lowest responsible bi dder. The Noti ce of Award was sent to the Contractor by certified mail on September 26, 1989. The Notice provided notification to the Contractor requi ring performance and labor and material bonds to be delivered to the District within five days. On October 5, 1989, the Contractor notified the District that it was unable to obtai n the requi red bondi ng. At that time, Contractor was put on noti ce by certified letter that it was in default of the bid request and contract requirements and had seven days to correct this def~ult. The Contractor has tried unsuccessfully to obtain the requi red bonding to comply with the bid request. Since the Contractor cannot comply with the terms of the bid request thus creati ng a maj or materi al vari ance, he shoul d not be awarded the contract. Under such ci rcumstances, one recourse for the Di stri ct woul d be to accept forfeiture of a bi d bond. However, the engi neer' s estimate was $70,000, which is less than. the $100,000 amount that the District would normally use to requi re a bi d bond. Thi s procedure is used to encourage small and minority contractors to bid on District projects. Therefore, no bid bond was provided with this specific bid request. Custom Controls and Electric Company has performed work successfully in the past for the District by using the bonding capacity of Amelco Electric. Amelco Electric will not be a subcontractor on District Project No. 10057. Custom Controls and Electric Company has not been successful in obtaining bonding on their own. The schedule for this work is critical due to the impact of impending wet weather on pumpi ng stati on flows. The second lowest responsi bl e bi dder, Cl assi c El ectri c & Data, whose bid amount is $67,500, which is $12,600 higher than the bid from Custom Controls and Electric Company, has also performed satisfactory work for the District and has experienced no problems obtaining bonding. INITIATING OEPT OIV I_~~ 1:>8:'0 9 ~', OJ R I I , SUBJECT RESCIND NOTICE OF AWARD AND REJ ECT QJSTOM CONTROLS AND ELECTRIC COMPANY'S BID AS BEING NONRESPONSIVE, AND AUTHORIZE AWARD OF CONTRACT FOR DISTRICT PROJECT NO. 10057, LARWIN PUMPING STATION UPGRADE, TO THE SECOND LOWEST RESPONSIBLE BIDDER, CLASSIC ELECTRIC & DATA POSITION PAPER PAGE DATE 2 OF 2 October 13, 1989 RECO~NDATION: Rescind Notice of Award and reject Custan Controls and Electric Company's bid as being nonresponsive, and authorize award of the contract for District Project No. 10057, Larwin Pumping Station Upgrade, to Classic Electric & Data, the second lowest responsible bidder in the amount of $67,500. ....-------. 13028-9/85 . Centra :ontra Costa Sanitar) listrict BOARD OF DIRECTORS PAGE 1 OF2 POSITION PAPER BOARD MEETING OF October 19,1989 NO. v. CONSENT CALENDAR 4 QUITCLAIM SEWER EASEMENT TO MARRIOTT CORPORATION, JOBS 4630 AND 3148, SUBDIVISION 6949, LOT 1, SAN RAMON AREA DATE October 10, 1989 TYPE OF ACTION SUBJECT APPROVE QUITCLAIM OF EASEMENT SUBMITTED BY Dennis Hall Associate Engineer INITIATING DEPT./DIV. Engineering Department/ Construction Division ISSUE: Marriott Corporation, owner-developer of Lot 1 of Subdivision 6949, has requested the District to quitclaim the subject sewer easement. BAO<GROUND: The subj ect easement was dedi cated to the Di stri ct at no cost when the map of Subdivision 6949 was filed on August 18, 1988. This easement was created to provide for sewer service to Lot 3 which adjoins said Lot 1 on its northeast side. It has since been determined that this adjoining lot can be best served by a private side sewer. Marriott Corporation has granted a la-foot wide private sewer easement to repl ace the subj ect publ ic easement and has pai d the District's quitclaim processing fee. The subject easement is no longer needed and may be quitclaimed. This project has been eval uated by staff and determined to be exempt fran the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. RECOMMENDATION: Approve Quitclaim Deed to Marriott Corporation, Jobs 4630 and 3148, 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. REVIEWED AND RECOMMENDED FOR BOARD ACTION JSM RAB G.~NG. INITIATING DEPT./DIV. 1302A-9/85 tD~ DH ';Jf IIfJ ...... _._...,_____,__~_._,__. ...__,.~_,_._~_._._.__..__,..____..,. .._...,._.._~_.__.M_'__""""__~~"'___' ". _ _u, ~__"__,_",,,___,_,_,,_~__,__,_ \ _60 \ PLACE OJ o ~ Z ~ ~ o ~ o % ~ o ~ JE.~ ~~~" LOT 3 LOT 2 ----- ---- ,-- t ..., f:.. lii!!l ...., .- '!!!!J fit m ,If QUITCLAIM EASEMENT ~ ---- PUBLIC SEWER MAIN LOT 1 -------- -- ---- --------- ------------- ----- -- --- -- - -~ - - - -- - - --- ---- ---- CONTRA COSTA ( 100 I R / W ) COUNTY QUITCLAIM EASEMENT JOBS 3148 and 4630 SAN RAMON AREA . Centra~ -:ontra Costa Sanitar) Jistrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF October 19, 1989 NO. v. CONSENT CALENDAR 5 SUBJECT DATE QUITClAIM SEWER EASEMENT TO ANDREW M. KWIECIEN, ETUX, JOB 4057, PARCEL C OF 91 P.M. 3, LAFAYETTE AREA October 12, 1989 TYPE OF ACTION APPROVE QUITClAIM OF EASEMENT SUBMB~1fn~~ Hall Associate Engineer INITIATING DEPT./DIV. Engineering Department/ Construction Division ISSUE: Andrew M. Kwiecien, etux, owner of Parcel C of 91 P.M. 3, has requested the District to quitclaim the subject sewer easement. BACKGROUND: The subject easement was dedicated to the District at no cost when the map of minor Subdivision 48-80 (91 Parcel Maps 3) was filed on November 14, 1980. This easement was created to provide for publ ic sewer service to the property which adjoins said Parcel C on the east side of the minor subdivision which is owned by Reliez Valley Associates. However, a public sewer was never installed in this easement. It has since been determined that this adjoining property can be best served by a private 4-inch si de sewer. Andrew M. Kwiecien, etux, has granted a 5-foot wide private sewer easement to Rel iez Valley Associ ates to repl ace the subj ect publ ic easement and has pai d the District's quitclaim processing fee. The subject easement is no longer needed and may be quitclaimed. This project has been evaluated by staff and determined to be exempt fran the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. RECOM\tENDATION: Approve Quitclaim Deed to Andrew M. Kwiecien, etux, Job 4057, authorize the Presi dent of the Di strict Board of Di rectors 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 1302A-9/85 1Il'f" DH /111 JSM RAB INITIATING DEPT./DIV. RELlEZ VALLEY ASSOCIATES QUITCLAIM 10' PUBLIC SEWER EASEMENT QUITCLAIM EASEMENT JOB NO. 4057 LAFAYETTE AREA . Central ~ontra Costa Sanitary "istrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF October 19, 1989 NO. v. CONSENT CALENDAR 6 SUBJECT APPROVE A REQUEST FOR ATTENDANCE AT ll-lE ASH UTIL IZATION AND STABIL IZATION OONFERENCE DATE October 13, 1989 TYPE OF ACTION APPROVE TRAINING REQUEST SUBMIB1i~tBYL. Mi ch a 1 cz yk Senior Engineer INITIATJNG OEPT./DIV. D tm t/ ~nglneerlng epar en P1 anni ng Divi si on ISSUE: Board approval is required for training requests not specified in the training budget and for travel out of state that exceeds $500. BACKGROUND: As manager of the Sludge/Ash Handling Project, project engineer for the Sol ids Hand1 i ng Facil iti es P1 an, and staff support for sol i d waste activities, Lynne Bunker, Associate Engineer, is responsible for many decisions regarding future ash hand1 ing, recyc1 ing, and disposal. The three major ash projects now underway are Sl udge/Ash Hand1 ing Project, Ash Disposal, and Sol ids Handling Faci1 ities P1 an. Due to increasing disposal costs and increased difficulty in obtaining disposal sites for District ash, the District staff is actively pursuing alternative ash treatment and disposal technologies. The Ash Utilization and Stabilization conference, to be held November 8-9, 1989, in Arlington, Virginia, will cover various aspects of ash processing and recycling/disposal. The technical program will include presentations on conditioning and treatment methods, utilization practices, sampling and characterization, regulations, and environmental issues. Nationally and internationally recognized ash experts are making the technical presentations. This conference will address issues related to various ash-related industries in several countries and will discuss current applications and brand new technology. The entire cost, including transportation and lodging, is approximately $1,500. An overrun of $1,500 in the Planning Division Training Budget would likely occur as a result of inclusion of this activity. RECOMMENDATION: Approve attendance of Lynne Bunker, Associate Engineer, to the Ash Utilization and Stabilization Conference. REVIEWED AND RECOMMENDED FOR BOARD ACTION , (J(;;::G. ROGER J. DOLAN INITlA TING DEPT./DIV. :JM~ JM j:::.. {j-v 1302A.9/85 . Centra~ ~ontra Costa Sanitary Jistrict BOARD OF DIRECTORS PAGE 1 OF 5 POSITION PAPER BOARD MEETING OF October 19, 1989 NO. VI. ENGINEERING 1 SUBJECT REQUIRE A DEQARATION OF RESTRICTIONS FOR LOCAL IMPROVE~NT DISTRICT 57, DISTRICT PROJ ECT 4650 DATE October 10, 1989 TYPE OF ACTION FORMATION OF LID SUBMITTED BY Jay S. McCoy Construction Division Manager INITIATING DEPT/DIV. Engineering Department/ Construction Division ISSUE: Staff recommends that the Di strict requi re the property owners who are proposing the formation of Local Improvement District (LID) 57 to execute a document limiting the future liability of the District in the case that landslides occur in the vicinity of the LID's proposed sewers. BACKGROUND: A group of seven property owners in the Brown Avenue area of Lafayette have requested that a LID be formed by CCCSD for the purpose of financing the installation of public sanitary sewer facilities to serve their properti es. These properti es are located with i n the ori gi na 1 bounda ry of the District. The seven properties and the proposed sewer system are shown on Exhibit A. The Board of Directors, at its meeting of April 6, 1989, considered the formation of the LID and gave preliminary concurrence with said formation. Since that time, plans for the extension of a sanitary sewer have been submitted by Mr. David Hop (a civil engi neer who is worki ng for the property owners) for Di stri ct pl an review. A geotechnical report prepared by the Buller Group, Inc. (LID geotechnical engineer) has al so been submitted. District staff has reviewed the plans and geotechnical report. During the District's review, potential problems with soil instability were noted. The 2,000 feet of proposed sanitary sewer facilities will be located in off-road easements, and private roadways. In the off-road easement areas, CCCSD will be the onl y public agency with easement ri ghts. In the private roadway areas, two other public agencies, P.G.& E. and EBMUD, have easement rights. The proposed alignment would result in approximately 1,000 feet of the sewer being located in new easements across a hill si de. The current practi ce of staff is to di scourage the installation of new sewers in easements, especially in hillside areas because of the difficulty of maintaining easement sewers and the potential for landslides. Because some of the sewers to serve LID 57 are proposed for install ati on in easements, various alternative alignments were evaluated. The possibility of requi ri ng that the sewer system be privatel y owned and mai ntai ned was al so considered. Staff has concluded that the proposed alignment is the best apparent alternative and that the sewer should be publicly owned and operated. INITIATp/;./DIV. 1}fJfJ COMMENDED FOR BOARD ACTION 1302A-9/B5 JSM RAB KA SUBJECT POSITION PAPER REQUIRE A DECLARATION OF RESTRICTIONS FOR LOCAL IMPROVEMENT DISTRICT 57, DISTRICT PROJECT 4650 PAGE DATE 2 OF 5 October 10, 1989 The design and construction standards applicable to the proposed project have been reviewed. Recommendations made by the District's geotechnical consultant will be required to be incorporated into the design so that all but approximately 100 feet of the proposed 2,000 feet of sewer pipeline will be installed in stable material consisting of dense sands and stiff clays. The hillside through which the remaining 100 feet of pipeline will be routed will be required to be reconstructed to provide a stable foundation for the pipeline. The construction will be required to be done in accordance with District Standard Specifications and will be inspected by both District personnel, the LID geotechnical consultant, and the District's geotechnical consultant. The design, the construction standards and inspection procedures should minimize, to the greatest extent feasible, the possibility that future landslides would damage the proposed sewers. However, there are other stability rel ated probl ems whi ch coul d pose potenti al future liabl1ities for the District. These liabl1ities could arise due to landsl ides or other stabl1 ity problems which could occur over or in the vicinity of the proposed sanitary sewer facilities. The sewers will be installed in stable materi al, but the sol1 above the native dense sands and stiff cl ays may sli de in the future due to the steepness of the terrain in the Brown Avenue area. These stability problems could result in the District being brought into future litigation concerning responsibility for repairing private roads or other private property. District Counsel has prepared a document known as a Declaration of Restrictions, Covenants, Conditions and Agreements Affecting Real Property (Declaration of Restrictions) which will place the responsibility for long-term liabilities associated with soil instability problems on the participants in the LID. The LID participants, in signing Declarations of Restrictions, declare that their properti es shall be subj ect to the Decl arati on of Restrictions and that the participants will indemnify the District from claims, demands, or judgments arising from the installation or operation of the District's sewer facilities except for active negligence or willful misconduct of the District. The District would assume responsibility for sewer repairs according to its customary and usual practice. Staff recommends that each of the property owners who are a part of the proposed LID be required to execute a Declaration of Restrictions as a condition for the District forming the LID. Also, the Declaration of Restrictions will be recorded and will become an encumbrance on the lands for future property owners. Through each of the owners signing a Declaration of Restrictions, staff intends to limit the District's long-term liabilities. --------. 13028-9/85 SUBJECT POSITION PAPER REQUIRE A DECLARATION OF RESTRICTIONS FOR LOCAL IMPROVEMENT DISTRICT 57, DISTRICT PROJECT 4650 PAGE DATE 3 OF 5 October 10, 1989 Staff bel ieves that the recommended approach best accompl ishes the District's responsibility to provide sewer service while protecting present customers of the District from excessive future costs. Staff recommends that the District proceed with the formation of the LID and the installation of a public sewer to serve the Brown Avenue area contingent upon the property owners executing Declarations of Restri cti ons. The property owners who are forming the LID will be invited to the Board meeting and may comment on the proposed project. A tentative schedule of future events is attached as Exhibit B for the information of the Board and the owners. RECOMMENDATION: Require the seven property owners in LID 57 to sign a Declaration of Restricti ons as a conditi on of formi ng the LID. Concur with conti nui ng the formation of LID 57. --------- 13028-9/85 / 1 Macais 2 Sullivan 3 Grossgart 4 Chapman 5 Swanson 6 Sponzilli 7 Lenci/Dol1 U Unimproved I Improved - 0- - Ex. Sewer --c>-- Proposed Sewer Exhibit BROWN AVENUE SEWER PROJECT PROPOSED ASSESSMENT DISTRICT A 2523-9/88 EXHIBIT B FUTURE BOARD ACTIONS LI D 57 BR()IN AVENUE/SKY LANE 1. Adopt a Resolution accepting petitions. 2. Adopt a Resolution approving a proposed boundary map. 3. Adopt a Resolution requesting jurisdiction from the city of Lafayette. 4. Adopt a Resolution approving a "Negative Declaration." 5. Adopt a Resolution directing filing of the boundary map with County Recorder. 6. Adopt a Resolution approving agreement for legal services with the Bond Counsel. 7. Adopt a Resolution approving agreement for engineers services with the LID engineer. 8. Adopt a Resolution of Intention to order improvements. 9. Adopt a Resolution accepting the engineer's report for the LID and setting the hearing date for receiving public testimony on the LID. 10. Adopt a Resolution calling for construction bids. 11. Direct staff to give Notice of Improvements for bidding purposes. 12. Hold a Public Hearing, approve the engineer's report, assessment spreads, and assessment district. 13. Adopt a Resolution awarding the construction contract. 14. Adopt a Resolution authorizing approval of change orders. 15. Authorize funds for the project. 16. Adopt a Resolution to claim exemption from audit by the State Treasurer's Office. 17. Adopt a Resolution determining assessments remaining unpaid. 18. Adopt a Resolution ordering the sale of bonds. 19. Adopt a Resolution ordering the issuance of bonds. 20. Accept the construction contract. TENTATIVE DATE 11-16-89 11-16-89 11-16-89 11-16-89 01-18-90 01-18-90 01-18-90 01-18-90 01-18-90 01-18-90 01-18-90 03-15-90 03-15-90 03-15-90 03-15-90 04-19-90 04-19-90 04-19-90 04-19-90 07-05-90 . Centra~ ":ontra Costa Sanitar\; Jistrict BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF NO. VI. ENGINEERING 2 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AMENDMENT WITH JOHN CAROLLO ENGINEERS TO COMPLETE THE DESIGN OF THE I680/SR24 SEWER RELOCATIONS PHASE 2, DISTRICT PROJECT 4654 DATE October 13 1989 TYPE OF ACTION AUTHORIZE AGREEMENT SUBMITTED BY Tad J. Pil ecki Senior En ineer Department Division ISSUE: Board authorization is required for the General Manager-Chief Engineer to execute a consulting engineering agreement/amendment when it is greater than $50,000. BACKGROUND: To accommodate construction of the I680/SR24 Interchange Expansion, the District has been requested by Caltrans to relocate a number of its sewers. The sewer relocation projects have been split into phases to better coordinate with the Caltrans' five-phase interchange project. Construction on the first phase of sewer relocations was completed in December of 1988. In a letter dated March 31, 1989, Caltrans requested the District to prepare detailed plans and specifications for the second phase of the sewer relocations. The second phase of sewer relocations was to consist of 11 relocations between the South Main undercrossing and the North Main overcrossing. To meet the short schedule imposed by Caltrans, the Board, on staff/s recommendation, approved a contract with John Carollo Engineers (JCE) of Walnut Creek with a cost ceiling of $112,955 at its May 4, 1989 Board meeting. Since the March 31, 1989 request, Caltrans has increased the scope of the Phase 2 sewer relocations. The Phase 2 Project now consists of 17 relocations, 18 abandonments, and a temporary pump station at Overlook Drive. To complete the preparation of plans and specifications for the large Phase 2 Project, a new cost ceiling of $247,800 has been negotiated with JCE. This amounts to a $134,845 increase in the original contract amount of $112,955. The Phase 2 sewer relocation project is expected to bid in December of 1989 with construction completion by July 1, 1990. Attachment 1 provides a detailed breakdown of the design budget. The predesign level total project cost for the Phase 2 relocation is estimated to be $3,626,000. The total project cost for all Caltrans relocations associated with the I680/SR24 Expansion is $7,077,400. Caltrans reimburses in arrears, so the Board must authorize funds for the project even though Caltrans will compensate the District for all costs attributable to the I680/SR24 Interchange Expansion. The I680/SR24 Sewer Relocations Phase 2 Project is described in detail starting on page C$-32 of the 1989-90 Capital Improvement Budget. INITIATING DEPT./DIV. G . ~ENG. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AMENDMENT WITH JOHN CAROLLO ENGINEERS TO COMPLETE THE DESIGN OF THE I680/SR24 SEWER RELOCATIONS PHASE 2, DISTRICT PROJECT 4654 POSITION PAPER PAGE 2 OF 3 ~ttober 13, 1989 This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under CEQA Statute 21080.21 since it involves construction of pipelines of less than one mile in total length which will be located in streets and easements. A Notice of Exemption will be filed with the County Clerk. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a Cost Reimbursement Contract Amendment for the amount of $134,845 with John Carollo Engineers to complete the design of Phase 2 of the I680/SR24 Sewer Relocations, DP 4654. 13028-9/85 ATTACHMENT 1 I680/SR24 SEWER RELOCATIONS, PHASE 2 DESIGN BUDGET Contingency (10%)(2) Total Design Budget $247,800 40,000 36,500 15,000 76.000 415,000 41. 500 $456.500 John Carollo Engineers Soils Engineering Aerial Survey District Forces (Ground Survey) District Forces (Design, Project Management) (1) Subtota 1 (1) District forces will direct the consultant's work, obtain and coordinate utility information, provide potholing and TV inspection, prepare front end specifications, provide technical review. prepare R/W description, coordinate aerial and geotechnical consultants, and develop planning evaluations. (2) If necessary, District staff will use this contingency to issue consultant contract change orders or fund additional force account work. . Centra~ ;ontra Costa Sanitar) Jistrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF October 19, 1989 NO. x. BUDGET AND FINANCE 1 SUBJECT RECEIVE ll-IE AUDITED FINANCIAL STATEMENTS FOR ll-IE FISCAL YEAA ENDED JUNE 30, 1989 DATE October 10, 1989 TYPE OF ACTION RECEIVE AUDITED FINANCIAL STATEMENTS SUBMITTED BY INITIA TING DEPT.lDIV. Walter Funasaki, Finance Officer Administrative/Finance & Accounting ~: The audited financial statements of the Central Contra Costa Sanitary District for the fiscal year ended June 30, 1989, and related letter reports are being submitted to the Board of Directors. BACKGROUND: The firm of Johnston, Gremaux and Rossi, Certified Public Accountants, has completed its examination of the District's financial statements for the fiscal year ended June 30,1989, and has submitted the audited financial statements and auditor's opinion thereon. In performing their examination of the financial statements, the auditors evaluated 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 advise District management of any major weaknesses noted in the system of internal accounting controls. As indicated in the managment 1 etter provi ded as Attachment I, the audi tor's eval uati on di scl osed no condi ti on that was considered to be a material weakness in the system of internal accounting controls. In addition to the custanary examination of the financial statements, Johnston, Gremaux and Rossi was requested to complete a performance evaluation of the District's temporary investments, and to review a test sample of purchasing transacti ons and award of service contracts. The resul ts of the eval uati on and review are provided in a separate letter report as Attachment II. The audited financial statements, auditor's opinion, management letter and letter report were submitted in draft form to the Board's Budget and Finance Committee for revi ew. State and local governments whi ch receive federal fi nanci al assi stance of $100,000 or more annually are subject to the requirements of the Single Audit Act of 1984 for fiscal years beginning after December 31, 1984. As Clean Water Grant proceeds received by the District in the fiscal year ended June 30, 1989 were less than $100,000, the requirements of the Single Audit Act did not apply to the audit by Johnston, Gremaux and Rossi. RECOMMENDATION: Receive the audited financial statements, auditor's opinion, related management letter and letter report for the fiscal year ended June 30, 1989. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIA TING DEPT.lDIV. ~ 1302A-9/B5 WF SSS/Pos. Paper #2/Rec Fin Stmt . Centra. ~ontra Costa Sanitar) Jistrict BOARD OF DIRECTORS PAGE 1 OF 4 POSITION PAPER BOARD MEETI~c~ober 19, 1989 NO. x. BUDGET AND FINANCE 2 D~TE uctober 12, 1989 SUBJECT RECEIVE ll-IE ANNUAL STATEMENT OF INVESTMENT POLICY TYPE OF ACTION RECEIVE INVESTMENT POLICY SUBMITTED BY Walter Funasaki, Finance Officer INITIA TING DEPT./DIV Administrative/Finance & Accounting ISSUE: Assembly Bill No. 1073, which was enacted in 1984, amended the Government 'CO'de'to require the treasurer or chief fiscal officer of a local agency to "annually render to the 1 egi sl ati ve body of the local agency a statement of investment pOlicy." BACKGROUND: The Ca1 Horni a 1 egi sl ature amended Government Code Secti on 53646 to requi re that: a. the treasurer or chief fiscal officer annually render to the 1egis1 ative body of the local agency a statement of investment policy. b. the treasurer or chief fiscal officer render a monthly report to the chief executive officer and legislative body of the local agency showing the type of investment, i nsti tuti on, date of maturi ty, amount of deposi t, current market val ue for all securiti es with a maturi ty of more than 12 months, rate of interest, and such data as may be required by the local agency. c. Section 53646 shall remain in effect only until January I, 1991, and as of th at date is repeal ed, un1 ess a 1 ater enacted statute, whi ch is enacted before January I, 1991, deletes or extends that date. An investment report is submitted with the District's monthly financial statements to the General Manager-Chief Engineer and the Board of Directors which complies with all requirements of amended Section 53646. The Contra Costa County Treasurer's Office adheres to the Di strict's investment policy in investing District funds. The attached Policy and Procedure represents the current investment policy which was last revised on August 4, 1988, as a result of the decision of the Board of Directors that investments in collateralized certificates of deposit and bankers acceptances be suspended and replaced by investments in Treasury Bills and two or three year Treasury Notes. The maximum maturity provision of the investment policy was consequently amended to specify that investments in Treasury Notes, in addition to the Local Agency Investment Fund, wou1 d not be subj ect to the one year maximum maturity limit. As of July 1989, the District's investments no longer include certificates of deposit or bankers acceptances. The District's current investment policy is submitted for review and comment by the Board of Directors. RECOtIENDATI<W: Receive the annual rendering of the District's investment policy in compliance with Government Code Section 53646 and modify, as appropriate. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 SSSjPosition Paper #ljInvest Polic <rCSD Central Contra Costa Sanitary District NO. POLICY & PROCEDURE EFFECTIVE August 1988 SECTION SUBJECT INVESTMENT POLICY ESTABLISHED BY The Board of Directors REFERRING TO: The investment policy of the Central Contra Costa Sanitary District is embodied in the following eleven sections: I. Statement of Objectives The temporary investment portfolio of the District shall be designed to attain a market-average rate of return, taking into account the District's investment risk constraint and prudent investment principles. II. Permissible Investments Withi n the constrai nts prescri bed by the Government Code of the State of California for permissible investments, the District's investment portfolio will only be invested in the following instruments: o United States Treasury Bills and Notes, and obligations of government agencies for which the full faith and credit of the United States are pledged. o Obligations of the Federal Home Loan Bank <FHLB>, Federal Nati ona1 Mortgage Associ ati on <FNMA>, Government Nati ona1 Mortgage Association <GNMA> and Small Business Administration <SB A> . o Bankers Acceptances, drawn on and accepted by bank, which are eligible for purchase by Reserve System. a commerci a 1 the Federal o Co11 atera1ized Certi fi cates of Deposi t issued by a Federal or State chartered bank or a Federal or State chartered savings and loan association. o Commercial Paper of prime quality limited to corporations with assets over $500,000,000. o Repurchase Agreements for a period less than 30 days. o Local Agency Investment Fund of the State of California. SSS/Position Paper II/Invest Po1ic I SHEET OF <C<SD Central ~ontra Costa Sanitary District POLICY & PROCEDURE SUBJECT INVESTMENT POLICY III. Banks and Dealers The District will use the services of the Treasurer's Office of the County of Contra Costa which will transact the District's investment decisions in compliance with the requiranents described in this investment policy. The County Treasurer's Office will execute the District's investments through such brokers, dealers, and financial institutions as are approved by the County Treasurer, and through the State Treasurer's Office for investments in the Local Agency Investment Fund. IV. Maturi ti es The maximum maturity for investments of the District is one year. Prior approval of the Board of Directors must be obtained to acquire investments with maturities beyond one year. However, investments in Treasury Notes and the Local Agency Investment Fund would not be subject to the one year maximum maturity. V. Diversification To minimize the risk of loss through default, the total amount invested in a single issuer will not be greater than 15% of the District's investment portfolio value, except that the 15% limitation will not apply to United States Treasury Bills and Notes and investments in the Local Agency Investment Fund. VI. Ri sk Credit and market risks will be minimized through adherence to the list of permissible investments, a limit on maximum maturities and the limitation on the total investment in a single issuer. VII. Delegation and Authority The District Finance Officer will be responsible for investment transactions which should be made in accordance with this investment policy and within the internal controls described in Section IX. VIII. Prudence Prudent judgment must be exercised by the District Finance Officer responsible for investment transactions undertaken in accordance with this investment policy. I SHEET 2 OF 3 <CCSD Central Contra Costa Sanitary District POLICY & PROCEDURE SUBJECT INVESTMENT POLICY IX. Controls The Di stri ct Fi nance Officer will establ ish subsi di ary accounti ng records of each investment which will enable the determination of income earned monthly and through maturity, and the balancing of the principal amounts to a control account in the general ledger. Internal control procedures will require the countersignature of the Deputy General Manager for all transactions which are initiated by the Finance Officer. The dollar limit of the Deputy General Manager wi 11 be $5 mi 11 i on. Investment transacti ons which exceed $5 million will require the additional approval of the General Manager-Chief Engineer. Such internal controls are to be reviewed by the District's independent auditors annually. X. Reporting The District Finance Officer will annually render a statement of investment pol icy to the Board of Di rectors. The Fi nance Officer will submit a monthly report to the District's General Manager-Chief Engineer and Board of Di rectors showing the type of investment, issuer, dates of issue and maturity, amount of deposit, current market value of all securities with a maturity of more than 12 months, and rate of interest. XI. Performance Evaluation A performance evaluation will be completed by the District's independent auditors every four years, commenci ng with the 1984-1985 fiscal year, to determine whether the investment objective of achieving a market-average rate of return is bei ng real ized. In determi ni ng the market-average rate of return, the average return of three month U.S. Treasury bills will be used. I SHEET 3 OF 3