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HomeMy WebLinkAboutAGENDA BACKUP 03-21-85 Sanitar) BOARD OF DIRECTORS No.IV. HEARrr~GS 1 3 21 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE March 18, 1985 SUBJECT CONDUCT A PROTEST DETERMINATION HEARING REGARDING THE STAGE 5B PROJECT CONSTRUCTION BIDS AND TAKE NECESSARY ACTION TO RESOLVE THE PROTEST TYPE OF ACTION CONDUCT HEARING CURTIS SWANSON INITIATING DEPT.!DIV. ENGINEERING DEPT./PLANNING DIVISION SUBMITTED BY ISSUE: A protest was filed with the District against award of the Stage 5B project construction contract to the apparent low bidder. The protest must be resolved before any construction contract can be awarded. BACKGROUND: Bids for construction of the Stage 5B project were received and opened on February 7, 1985. Bi ds were submitted by seven contractors. The apparent lowest bidder was Pacific Mechanical Corporation (PMC) with a bid of $5,000,000. The engineer's estimate was $5,897,850. A summary of the Stage 5B bids is attached (Attachment 1). The appa rent second lowest bi dder, C. W. Roen Construction Co. filed a protest with the District on February 15, 1985, against the award of the constructi on contract to PMC (Attachment 2). C. W. Roen contends that PMC did not "enlist any Minority Business Enterprise or Women's Bus i ness Enterpri ses in thei r (b i d) P roposa 1. . . " The District has received federal and state grant funding under the Clean Water Grant Program for construction of the Stage 5B project. In accepting these grants, the District must comply with federal and state grant conditions and requirements including Minority Business Enterprise/Women's Business Enterprises (MBE/WSE) partici pation requi rements. These requi rements are defi ned in Cl ean Water Grant Bulletin 770 issued by the State Water Resources Control Board on September 6, 1984. The intent of the MBE/WBE requ i rements is to encourage increased MBE and WBE partici pati on in constructi on contracts funded by Cl ean Water Grants. The requirements set goals for MBE and WBE participation and describe the responsibilities and minimum positive efforts of grantees and prime contractors to meet the established goals. The MBE and WBE goals are targets--not minimum standards; the grant regulations require positive efforts to achieve MBE and WBE participation, but do not require specific participation levels. Clean Water Grant Bulletin 770 containing the MBE/WBE goals and positive effort requirements was included in the Stage 5B project plans and specifications. The MBE utilization goal is 16.1 percent of the total bid amount. The WBE utilization goal is 2 percent. The goals are considered achieved if the MBE and WBE goal s are attai ned or if the prime contractor has compl ied with all the minimum positive efforts to solicit MBE/WBE participation as subcontractors. A summary of the positive effort requirements and actions taken by PMC with regard to these requirements is listed in Attachment 3. CWS JSM RAB REVIEWED AND RECOMMENDED FOR BOARD ACTION ~~ ;JML POS IT ION PAPER Page 2 The C. W. Roen Company bases its protest on PMC's failure to list any MBE or WBE subcontractors in their bid. C. W. Roen states in its protest letter that PMC was the only bidder on the Stage 5B project that is not using an MaE subcontractor for paving and earthwork. All bidders are required to complete and submit EPA Form 4700-5 with their bids. This form lists information about the MBE/WBE subcontractors that will be participating in the construction project. The form is to be submitted with the bid whether or not the prime contractor is usi ng any MBE/WBE subcontractors. PMC di d submit the requi red EPA Form 4700-5 with their bid. The PMC form did not list any MaE/WBE subcontractors because at the time of bid submittal, PMC, to its stated knowledge, was not using any MaE/WBE subcontractors. During evaluation of the bids, District staff determined that PMC's el ectrical subcontractor, Del Monte El ectric (whose subcontract was 16.0 percent of PMC's bid), is a certified WBE firm. PMC has stated that they were not aware of this fact. In fact, five other bidders also proposed Del Monte Electric as a subcontractor, but did not list them as a WBE firm. A possible additional issue which should be considered in the context of this protest is whether or not PMC has compl ied with the grant requi rements for mi nimum positive efforts for MaE/WBE partici pati on. To achi eve the MBE/WBE goals, a bidder must actually attain the MaE and WBE goals, or document that the minimum positive efforts were made for MBE/WBE participation~ PMC surpassed the 2 percent WBE goal by proposing WBE firms to perform 16.7 percent of the total contract work; however, PMC proposed 0.8 percent MBE participation compared to a goal of 16.1 percent. The positive effort requirements in the grant regulations are listed in Attachment 3. PMC contends that they have compl ied with all of the positive effort requirements (Attachment 4). PMC has documented their actions to comply with the MBE/WBE positive effort requirements. In support of its protest, C. W. Roen has stated that PMC is the only bidder who is not using an MaE subcontractor for earthwork and paving. PMC is not subcontracting this portion of the contract and will perform earthwork and paving with its own forces. PMC di d receive a bi d from Ri os Gradi ng, an MBE fi rm, for earthwork, but this bid was higher than the estimate for PMC to do the earthwork portion of the contract. Resolution of bid protests on the Stage 5B project are covered by Clean Water Grant regulations (40 CFR 35.939). Under these regulations, the District has the responsibil ity for initial resolution of a bid protest following its normal practices. The District's practice has been for the Board to conduct a protest determination hearing to receive information from the staff, the protester, the low bidder, and any other bidders who desire to testify. Based on the information received at the hearing, the Board then decides whether to uphold or deny the bid protest. The District's determination may be appealed to the EPA Regional Administrator. Until the protest is resolved, the District must delay award of the Stage 5B construction contract. POSITION PAPER PAGE 3 In accordance with grant regulations, the District, by letter dated March 8, 1985, notified all bidders that a protest had been filed. The same notice advised the bidders of the protest resolution procedures, the time and place of the protest determination hearing, and how and when to submit written arguments or documentation. While it is not the staff's intent to prejudge the outcome of the hearing, District staff has made a preliminary conclusion based on the information received to date from C. W. Roen and PMC that PMC has complied with the MBE/W8E positive effort requirements. District staff will present a final conclusion and recommendation at the conclusion of the hearing. RECOMMENDATION: Conduct a protest determination hearing regarding the protest of award of the Stage 58 proj ect constructi on contract to the apparent lowest bidder, Pacific Mechanical Corporation. Central Contra Costa Sanitary District SUMMARY OF r )8 ATTACHMENT 1 PROJECT NO. X3816 STAGE 58 DATE 217185 ENGR. EST.~ 5,897,850 LOCATION CCCSD WASTEWATER TREATMENT FACILITY c: Z!7 q 3 s 2. _.COER (Nome, telephone &. address) DYN Construction Corp. ?111 ArihuLRoad M(1 rti '1ez Kaweah Construction P.O. Box 28057 Sacramento Monterey Mrchanical 8275 San Leandro St Oakland Homer J. Olsen. Inc. 35500 Olsen Way Union City Carl W. Olson & Sons. Inc. 3750 Haven Ave Menlo Park Pacific Mechanical Corp. 2501 Annalisa Drive Concord C.W. Roen Construction P.O. Box 4 Danville Dalzell Corporation P.O. Box 8284 Emeryviile -.1Z~ ( 415 ) 229-3400 94553 ( 916 ) 739-6830 95828 ( 415 ) 632-3173 94621 ( 415 ) 489-1661 94587 ( 415 ) 323-1851 94025 ( 415 ) 827-4940 94520 ( 415 ) 837-5501 94526 ( 415 ) 8::l5-0732 94662 DATE .10 PRICE $ 5 c.i :; 0 cx:x;;>. Ol) ) J $ 5" O~O cx:;C:;, aC) ) ) $ 5 l/ 66 c:x::>O . 00 ) ) $ CO)?8G) )cc:o .00 $ l-JD 6lD $ 5 cx::x::> cx:;c:;. 0-0 ) ) $ ~ 0 Y'=' .:t-CD. aD ) ) $ & L1~ '1 OOD . 00 ) ) $ $ $ $ z/.:; /~.s / / SHEET NO. .I OF / G; W. ROEN CONSTRuCTION CO" ~ ~ ATTACH~,1ENT 2' P. O. BOX ~ DANVILLE. CA 94526 . 0004 GENERAL ENGINEERING CONSTRUCTION (415) 837-5501 C'.,.'..... ~,.'" ('_..."..... LiNn" H. "I/If' JHhIJ ('."U'II,...... Ur...., "'., U/.MA.' """"do ('-''''"..... """"01 H. 11/33'7 I,;..^ ('....,.."..,.. L."".. H. OIllIQJ~II:1'.f February 15, "1985 CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 Imhoff Place Martinez, CA Attention: Mr. Jim Hill Re: Construction Contract Award 15 MGD Hydraulic~apacity Expansion and Sludge Thickening Facilities Stage 5B - District Sewering Project No. X3816 EPA Project No. C-06-1000-110 Subject: BID PROTEST .' Gentlemen: In conformance with paragraph 35~939 Protests (page SCI-9 - Federal Register, Vol. 43, No. 188 - Wednesday, September 27, 1978), we protest ,the consideration of this contract to' Pacific Mechanical Corpor~tion., Concord, ~A (PMC). This protest is based upon PMC's failure to list any Minority Business Enter- prises (M.B.E.) or Women Business Enterprises (W.B.E.) in their proposal on E.P.A. Hq Form 4700-5 (Page 00300-14 of the Proposal). Their proposal fails to list any of the MBE/DBE earthwork/paving subcontractors that were listed by the other bidders. We refer specifically to Rios Grading (listed by C.W. Roen and Dalzell), Concord Trucking (listed by Keweah Construction & Monterey Mechani- cal), Carone PaVing (listed by Keweah & DYN), or West Bay (listed by Homer J. Olsen). You will note. that every bidder, except PMC listed at least one of these grading/paving contractors jn their P!~posals.. We would point out that C.W. Roen listed two M.B.E.ls; Our total M.B.E. parti- cipation would be $875,000 or 17.3% of our bid. This protest has been prepared based on our inspection of photocopies of the ':,.:".. . _ . bid documents which were -made-available to us for the first 'time on Februar,y ',~,'" :,::.' 14, 1985. _. " .'~.;.:;- ," Respectfully submitted, e... ~"." __0.';.:: (,:~.~: ..." . ..... . ..... - ...,." '" . :..:' ~ ~ .' : , BAR:rs cc: State of California, Water Resources Control Board Pacific Mechanical~ Keweah Construction Dyn Construction President " :,' _:':.~: -':!'>' . , "-. .".": : .~..:.~. ": . ;-;.- : ".~ ~... ..~'~'.; . . .. ...:' .J... - :.. ." . ." . . '. -." - . ~ .... .... ''". ."0: _e.. .. ." 0' _. _ __-,:-:"':~ I o ----- -"-_.,^ _H_~_~__~____ ATTACHMENT 3 CENTRAl CONTRA COSTA SANITARY DISTRICT STAGE 5B PROJECT MINORITY BUSINESS/WOMEN'S BUSINESS REQUIREMENTS FOR ClEAN WATER GRANTS AND COMPLIANCE BY PACIFIC MECHANICAL CORPORATION GRANT REQUIREMENTS l.a. Subcontracts for at least 16.1% and 2% of the total construction contract work have been awarded to Minority Business Enterprises (MBE) and Women's Business Enterprises (WBE), respectively, .2!: l.b. If either the MBE or WBE goals are not met, the low bidder must document within 10 working days after bid opening that the following steps were taken to try to attain the MBE/WBE goals: (1) Identify the actual attained MBE and WBE participation. (2) The bidder requested assistance from the EPA MBE/WBE assistance center 5 working days before the need for referrals. (3) The bidder requested sub-bids from MBE/WBE firms at least 7 working days prior to the need for a bid response. (4) Requests for sub-bids must ade- quately specify the items on which sub-bids are requested. PACIFIC MECHANICAL CORP.(PMC) ACTION 1. Pacific Mechanical Corp. (PMC) awarded 0.8% of the total work to MBE firms and 16.7% to WBE firms. PMC met the WBE goal but not the MBE goal. PMC provided all documentation by February 22, 1985 (10 working days after the February 7, 1985, bid opening. (1) PMC identified their actual MBE and WBE participation (0.8% and 16.7% respectively). (2) CCCSD sent the EPA list of MBE/ WBE subcontractors to all prime contractors on January 11, 1985, which was 11 working days before the need for referrals. (3) PMC requested sub-bids from all MBE/WBE firms on the EPA list 9 working days before the need for a bid response. Also, PMC adver- tised for MBE sub-bids in the Daily Pacific Builder on January 30, 1985 (seven working days before the need for bids). (4) The letters for sub-bids did not list specific items. However, the EPA MBE/WBE list stated the type of work performed by each prospective MBE/WBE subcontractor. The EPA MBE/WBE list was developed specifically for the Stage 5B proj ect. Prospective toI3E/WBE subcontractors reviewed the Stage 5B plans and identified the type of work in which they were interested in bidding. _.__u____^'___.______,~__,_.______.____.__~______,." _ .__.._. ......_...._..___._...____~_,..",._~._,_.._______.__'______._".._____.____..___.__n__ ATTAa-tMENT 3 (continued) (5) The bidder must show positive efforts to receive a response from MBE/WBE fi rms to whom sub- bid invitations were extended. (6) The bidder provided a list of all subcontractors who bid and the dollar amount of the sub- bids. (7) The bidder has provided documen- tation of the percentage of the work offered to MBE/WBE firms. (8) The bidder must provide an ex- planation for rejecting any low MBE or WBE subcontractor. 2. The bidder must provide a list of MBE/WBE subagreements on EPA Form 4700-5 (Attachment l-B) with the bid. 3. The low bidder must submit a MBE/ WBE self-certification form within 10 working days following bid opening for each MBE/WBE firm. 4. If subagreements are arranged or changed after bid opening or award, a revised EPA Form 4700-5 shall be submitted along with any MBE/WBE certification forms. 5. Any deviation from the MBE/WBE subagreement listing provided with the bid shall not result in a decrease in the MBE and WBE participation without prior approval of CCCSD and SWRCB. (5) PMC followed up their letters to MBE/WBE subcontractors with at least one phone call. Reasons for any MBE/WBE firm not bidding were documented. (6) PMC provided all MBE/WBE sub-bids and non-MBE/WBE sub-bids in instances where an MBE/WBE firm was not low bidder. (7) PMC has documented that at least 16.1% of the work was offered to MBE/WBE firms. PMC actually offered 26% of the total construc- tion work to MBE/WBE firms. (8) PMC did not reject any MBE or WBE firms that were the low subcon- tractors; hence no explanation is is required. 2. PMC submitted EPA Form 4700-5 with their bid. However, the form did not list any MBE or WBE subagreements. PMC states that it was not aware that their electrical subcontractor was actually a WBE firm. Five of the other six bidders did not list the same electrical subcontractor as a WBE firm on the EPA Form 4700-5 either. 3. PMC submitted certification forms for all MBE/WBE firms within 10 working days. 4. PMC has listed two suppliers since bid opening; an MBE supplier and a WBE supplier. A revised Form 4700-5 was submitted along with MBE/WBE certifi- cati on forms. 5. The two changes made by PMC to the subagreement listing after bid opening increased the MaE and WBE participation. ---,--~-,._'----- I ATTACHMENT 4 PACIFIC MECHANICAL CORPORATION ~ne~1 ~'?e"n#!e}lin?, ~nbaot01t6 P.O. BOX 404 1 · CON COR D I C A 9 4 524 TELEPHONE (415) 827-4940 TWX 9104813020 PMC CONCORD February 21, 1985 central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Attention: Jim Hill Reference: Construction Contract Award 15MGD Hydraulic Capacity Expansion and Sludge Thickening Facilities/Stage 5B District Sewering Project No. X3816 EPA Project No. C-06-10pO-II0 Subject: C. W. Roen Construction Bid Protest - .- - . ,.'>..; :,'" . Gentlemen: Pacific Mechanical Corporation contacted every firm by mail that was shown on the Homitz, Allen and Associates MBE/WBE list that was furnished to us by the District. This mailing was made nine (9) working days prior to bid date and all firms were subsequently contacted by telephone (see back-up data attached) . Pacific Mechanical Corporation advertised in the Daily Pacific Builder requesting minority sub-bids (see copy attached) . None of the subcontractors mentioned in the protest letter were listed by Homitz, Allen and Associates. We did receive a bid from Rios Grading prior to bid time, but determined that they were not low and their price was not used. None of the other subcontractors, Concord Trucking, Carone Paving, or West Bay offered bids prior to bid time, and we received no other bona-fide minority sub-bids. STATE LICENSE No. 138920 ... . . PACIFIC MECHANICAL CORPORATION Central Contra Costa Sanitary District February 21, 1985 Page two Pacific Mechanical Corporation has complied with the MBE/WBE requirements of the specifications and should be awarded a contract. TJ:dh Attachments Yours truly, " "... n - r-'--- Tom Jo~son cc: State of California, Water Resources Control Board C. W. Roen Construction Kaweah Construction 'Dyn Construction -.. c((SD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. IV. HEARHlGS 2 3 21 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE MARCH 11, 1 985 SUBJECT TYPE OF ACTION HOLD A PUBLIC HEARING ON DISTRICT ANNEXATION 90 AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION HOLD HEARING: D.A. 90 SUBMITTED BY DENNIS HALL, ASSOCIATE ENGINEER INITIATING DEPT./DIV. ENGINEERING DEPARTMENT/CONSTRUCTION DIVISION ISSUE: The LAFC has amended the boundaries of several of the parcels included within the above-referenced District Annexation. The District must hold the subject hearing and consider testimony by affected property owners before acting on the proposed amended annexations. BACKGROUND: The above-referenced annexation was sent to LAFC as required for the formal annexation process. LAFC amended the boundaries of several of the parcels during its approval process. These amendments were made to improve the continuity of the resulting District boundary. The amended annexations are designated as D.A. 90-A thru 90-G. Maps are attached showing the amended annexations. Legal notice was published, and the affected property owners were notified of this hearing as required by law. A Negative Declaration has been prepared by LAFC for all of these amended annexations. District staff has reviewed said Negative Declaration and concurs with its findings. There are three possible actions the District may take: 1. Overrule protests when owners of 50 percent or less of assessed land value protest the annexation, then order the annexation of the parcels as amended by LAFC. 2. If the owners of land having more than 50 percent of the assessed value (land only) of the total assessed value of land proposed for annexation protest the annexation, the District must disapprove the annexation as proposed. 3. Continue the hearing at a future date on any particular proposed annexation as the Board deems necessary. RECOMMENDATION: (1) Open hearing, receive any testimony, close public hearing. REVIEWED AND RECOMMENDED FOR BOARD ACTION DH JM RAB J)( /1J(J INITIATING DEPT./DIV. (2) Adopt Resolutions concurring with the Negative Declaration and ordering annexation of all parcels as amended which have insufficient protests. (3) Take appropriate action as outlined above for any protested annexation. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. GEN. MGR./CHIEF ENG. 1!fJ.8. r{)Jltf) e -rflet, ytJ ILl ~ a: ffi- f- o o c( << c( --- > -J c( - - ARREBA @ = PREVIOUS ANNEXATION _ = EXISTING CCCSO BOUND __ = PROPOSED ANNEXATIOt * = SIGNED PETITION (PA~~t- /) l2A.90-A ~~A 5"" f '" 9507 O.Po.444 Nflf,o'e \ 100 b. , r- :t:. ~ ,~ 1~ ,~ " )::.. &XJ5TIf't/G, ~ (PAleCtL- ""2-) ....l!~~ 90-" Gi\ ~ ~ ~ /\ @o. DATE = PREVIOUS A NNEXA TION .=.:...:. = EXISTING CCCSD * = PROPOSED A BOUNDARY = SIGNED PET NNEXA TlON (PAr//> ITION ''L-€L 3) ~__________~___________?~. 90- c fJ;t t~ I ItJ C j .{J . .c:- ,-v> ^~ ~ L,V v./~ cY v ./..9 ~ t./ ~"? t:J~ ~ ~ (rAJeceL- if) D.A.90-0 ~ ~ ~ ~ -.Iff., .EO}} 1AN~~ pre.et $S (PAleCE:LS 516) D.A. 90-EtlF ~ ~= --= *= . ~ C.U3" L}.955 ~'"" .sUB- 5158 .03,15 ~ l '" ~~ ,~ ~ 'U i ~ 'S-,,>. ~- ~ 'co.>- ""-q.. '- '- 'S-s.".. 1< 'b. ~..... ..>~ 0,... -:>>0:" ~ , '''I::> ~ .......... k~":"'. B 69 P, r/}. 38 (JIIASe NAiJONAL / / / stl5-4Z (0 V ~ \:) l-.; ...... I ---1 4..i I i:I:-"" ~ ~\~ ~ II ~~ . \ . . ay / Apt; - · AfJOeo V ~, ~ 11 ~ A\ ~ /,~ ~r-- / ,::, 8 /.'i .s .9 ,L.!"o ZL /J; ~ - --<[::'://0 7'/ ~.ge .57 if -~ '* I/'JC 95 r:;: ~ (PA/?.Cf.L '7) DA. 90-(; Sanitary District BOARD OF DIRECTORS POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer NO. V. CONSENT CALENDAR 1 3 21 85 DATE MARCH 11, 1985 SUBJECT TYPE OF ACTION ORDER COMPLETION OF DISTRICT ANNEXATION NO. 90-H & 90-1 COMPLETE ANNEXATION OF DA 90-H & I SUBMITTED BY DENNIS HALL, ASSOCIATE ENGINEER INITIATING DEPT./DIV. ENGINEERING DEPARTMENT/CONSTRUCTION DIVISION ISSUE: The District must pass a resolution to finalize District Annexation 90-H& I. BACKGROUND: The District previously made application to the Local Agency Formation Commission (LAFC) for the annexation of ten parcels of land designated as District Annexation 90. LAFC has considered this request and has recommended that Parcels 8 and 9 be processed as submitted. LAFC has designated these parcels to be District Annexation No. 90-H & I. No public hearing is required and the annexation of these parcels can be completed. LAFC has adopted a Negative Declaration for District Annexation No. 90-H & I. District staff has reviewed this Negative Declaration and concurs with its findings. RECOMMENDATION: Adopt a resolution concurring with the Negative Declaration and ordering the completion of District Annexation No. 90-H and 90-1. REVIEWED AND RECOMMENDED FOR BOARD ACTION DH JMc RAB INITIATI~PT'/DIV' !4/l ffS! Jy/J'y} ~ ~ ~ .l(Sl ~ o~ Co ~ .c: 71 r; -z. _.:::; 0 ~.~ ~~ ..I....~ .~ , 347' / ,.O.~. (PAR-cec.... 8) (~Ol-, D.A. 9o-H @ ,,,,, ~~ ~' '1 ,'.., ~,f. .." , JENSE.N PARCEL ONE (6524 alt. aoo) @ .i,.; 228.36 IV 8S-39'E A A ~Ne 38) ~ A LBE R7 S.E1Y TF/A C7 B ill 3J :;: ~ * ~\ ' ~', 0'\ c \ \ f) \ \ \ B t ~\ ... .~ ~\ . \(\ ~, 715:1: ~ V!!!J (p..q,ecu q ) ~ QA.90-1 , <e<SD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO.V. CONSENT CALENDAR POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE MARCH 11, 1985 SUBJECT AUTHORIZE THE ATTENDANCE OF TOM TRICE AT A THREE-DAY TYPE OF ACTION COURSE ENTITLED "ASPHALT PAVING MIXTURES: DESIGN, CONSTRUCTION, AND PERFORMANCE", UNIVERSITY OF NEVADA, RENO-APRIL 17-19, 1985, SUBMITTED BY INITIATING DEPT./DIV. J8Y McCe~ ENGINEERING/CONSTRUCTION ISSUE: Authorization of attendance of a District employee at an out-of-state course. BACKGROUND: Attendance of a District employee at the "Asphalt Paving Mixtures: Design, Construction, and Performance course was authorized by the Board in the 1984-85 Construction Division employee education budget. When the budget was being formalized, it was anticipated that the University of California (U.C.) Extension would conduct the instruction in Richmond. The course will be conducted by U.C. Extension in conjuction with the University of Nevada, but the location of the seminar has been changed to Reno, Nevada. The seminar contains some excellent material and is directly applicable to District inspection work. The Engineering Department recommends that Mr. Tom Trice be authorized to attend the course, even though it has been moved to Reno. The cost of the course and transportation will be $360. There are sufficient funds in the Construction Division employee education budget to cover this expend iture. RECOMMENDATION: Authorize the attendance of Tom Trice at a three-day course entitled "Asphalt Paving Mixtures: Design, Construction and Performance" to be held in Reno, Nevada, at a cost not to exceed $360. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATI~ PT./DIV. . 4-1/1 / VI'I P!1t JM RAB <c(sD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO.V. CONSENT CALENDAR 3 3 21 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE March 14, 1985 SUBJECT AUTHORIZE THE ATTENDANCE OF ROBERT BAKER AT THE W.P.C.F. GOVERNMENT AFFAIRS SEMINAR IN WASHINGTON, D.C. ON MARCH 18-20, 1985. TYPE OF ACTION CONSENT CALENDAR SUBMITTED BY R. J. DOLAN INITIATING DEPT./DIV. ADMINISTRATIVE ISSUE: Authorization of attendance of a District employee at an out-of-state conference. BACKGROUND: The Federal Clean Water Act is up for reauthorization this year in Congress. Robert Baker has been recently assigned the District responsibility for working with the California Association of Sanitation Agencies' (CASA) Federal Legislative Committee on the Clean Water Act amendments. An opportunity exists this year to make San Francisco Bay Area and California needs known to members of Congress. It is requested that Mr. Baker be authorized to attend this seminar. Mr. Baker will be meeting with congressional representatives during the seminar to present CASA's views on the Clean Water Act. The cost of this trip will be about $1,100.00. The funds for the trip are included in the 1984-85 Travel and Conference budget for the General Manager-Chief Engineer. Because of the recent assignment of Mr. Baker to handle federal legislative activi- ties, this item was inadvertently left off the last Board agenda. Because the meeting will have already taken place by the time of the Board meeting, the President of the Board of Directors has been contacted for a provisional authorization for this trip. RECOMMENDATION: Authorize the attendance of Robert Baker at a three-day W.P.C.F. Government Affairs Seminar to be held in Washington, D.C. at an estimated cost of $1 ,100.00. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. RJD itary District BOARD OF DIRECTORS NO.V. CONSENT CALENDAR 4 3 21 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE March 4, 1985 SUBJECT TYPE OF ACTION JlUl1-IORIZE FU NOS AUl1-IORIZE $1,000 FOR l1-IE ATTENDANCE OF LABORATORY SUPERINTEN- DENT AT W.P.C.F. OONFERENCE ENTITLED, "ANALYTICAL TEOiNIQUES IN WATER POLLUTION OONTROL," MAY 2-3, 1985, IN CINCINNATI, GilO SUBMITTED BY Batts INITIATING DEPT./DIV. Plant Operations Department Manager ISSUE: Board approval for attendance at this Water Pollution Control Federation conference is required since it is out of state and over $500. BAO<GROUND: Thi s is the fi rst nati onal conference on anal ytical techniques used by laboratory analysts in the water pollution control field; it is co-sponsored by the Water Poll uti on Control Federati on and the United States Environmental Protection Agency. The subjects covered are diverse and offer the participants the most advanced concepts in effluent monitoring and requi rements, state-of-the-art 1 aboratory equi pment and techniques, and water poll uti on control pol icy and criteri a. The estimated cost for attendance at this conference is $1,000; budgeted funds are available in the Plant Operations Department Travel and Conferences Account No. 091 for this conference. REOOMMENDATION: Authorize Bhupi nder Dhaliwal, P1 ant Operati ons Department Laboratory Superintendent, to attend the Water Pollution Control Federation Conference on "Anal ytica1 Techniques in Water Poll uti on Control" at a cost not to exceed $1,000. REVIEWED AND RECOMMENDED FOR BOARD ACTION CWB RJD c((SD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. V. CONSENT CALENDAR 5 3/21 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE February 8, 1985 SUBJECT ACCEPT THE CONTRACT FOR CONSTRUCTION OF INCINERATOR ASH SYSTEM IMPROVEMENTS (PROJECT 3694.3) AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION TYPE OF ACTION ACCEPT CONTRACT WORK SUBMITTED BY INITIATING DEPT./DIV. Robert A. Simmons Engineering Division ISSUE: Work has been completed on the Incinerator Ash System Improvements project and is now ready for acceptance. BACKGROUND: On June 21, 1984, the Board awarded a contract to Altec, Inc., to construct certain improvements designed to improve the MHF ash handling facility. The construction work consisted of installing new equipment and modifying existing equipment to reduce the frequency of plugged ash bins and conveying lines, and to mitigate dusting during operation. Also included in the contract were miscellaneous instrumentation and MHF control improvements not associated with the ash handling system. The contractor has completed the work in accordance with the terms of the contract. Total compensation amounted to $308,108.54. It is appropriate to accept the work at this time. Expenditures for the Furnace Project have been reviewed periodically with the Board. The Board has asked for a review of C.C.C.S.D. contract acceptance procedures. The Engineering Department will provide a report to the Board on this matter within the next month. RECOMMENDATION: Accept the Contract for construction of the Incinerator Ash System Improvements (Project 3694.3) and authorize the filing of the Notice of Completion. REVIEWED AND RECOMMENDED FOR BOARD ACTION ENG. RJD Sanitary District BOARD OF DIRECTORS NO. V. CONSENT CALENDAR 6 3 21 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE SUBJECT March 12, 1985 TYPE OF ACTION QUITCLAIM SEWER EASEMENTS, JOB 3635, SUBDIVISION 6024, MORAGA AREA APPROVE QUITCLAIM OF EASEMENTS SUBMITTED BY Dennis Hall INITIATING DEPT./DIV. Engineering/Construction ISSUE: C.W.O.K., the owner of Subdivision 6024, has requested the District to quitclaim two easements which were dedicated to the District when the subdivision map was filed. BACKGROUND: The public sewer pipes which were designed to be installed in the subject easements have been realigned and new easements have been granted to the District. The subject easements are no longer required. The property owner has paid our fee for processing the subject quitclaim deed. RECOMMENDATION: Approve Quitclaim Deed and authorize the president and secretary to execute said document and authorize its recording. REVIEWED AND RECOMMENDED FOR BOARD ACTION I)tt DH f)1JfJ G. INITIATING DEPT./DIV. JM RAB , ....... L- ~'t. '4. Sire V/C/N/rY MAP Quitc19im Easements Job 3635 Moraga Area ~ ~ " \\~ ~ <c<SD Central Contra Costa Sanitary District BOARD OF DIRECTORS No.VI. ADMINISTRATIVE 1 3 21 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE March 13, 1985 SUBJECT ADOPT POLICY ESTABLISHING STANDARD DISTRICT-WIDE CHARGES FOR PHOTOCOPY AND SPECIAL DOCUMENT REPRODUCTION SERVICES TYPE OF ACTION ADOPT POLICY SUBMITTED BY Joyce McMillan, , Secretary of the District INITIATING DEPT./DIV. Administrative Department ISSUE: The Board has requested staff to research the issue of establishing standard District-wide charges for outside requests for photocopy and special document reproduction service~ BACKGROUND: In the past such req uests were i nfreq uent and were handl ed on an individual basis following established administrative procedura With the growth of the District and its subsequent involvement in projects generating wider publ ic interest" such as the Solid Waste Management Study" demands for photocopy and special document reproduction services have increased in number and variet~ Board and staff di scussions have concl uded that a formal pol icy shoul d be adopted by the Board of Directors defining existing practices and establ ishing a standard District-wide charge and procedure for complying with such request~ Section 6257 of the Cal iforni a Government Code establi shes charges for photocopy services and states as follows: "A req uest for a copy of an i dentifi abl e public record or i nformati on produced therefrom" or a certified copy of such record,. shall be accompanied by payment of a fee or deposit to the state or local agency" provided such fee shall not exceed the actual cost of providing the copy, or the prescri bed statutory fee, if any" whichever if 1 ess. " A survey was made of other public agencies with regard to their policies for similar request~ Research has indicated that fees levied by local agencies for photocopy and document reproduction services range from 10~ per page to 25~ per paga It was concluded that current District administrative practice and fees are in conformance with State statutes and are consistent with the policies of other agencie~ RECOMMENDATION: Adopt the attached policy establishing standard District-wide charges for photocopy and special document reproduction services. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. Pl8. Ie RECORDS INSPECTION AN> FEES 1. PURPOSE To establish a policy in accordance with the Public Records Act (Government Code Section 6250 et seq.) whereby persons may be granted access to public information and records with the right to procure copies upon payment of a fee or deposit 2 DEFINITION 21 Public Record: Includes any writing containing information rel ati ng to the conduct of the public's busi ness prepared" owned" used or retained by any state or local agency regardless of physical form or characteristics. (Govt Code Section 6250(d)) 22 "Writing" means handwriting" typewriting" printing,. photostat i ng, . photograph i ng, . and every other means of record i ng upon any form of communication or representation including letters,. words,. pictures,. sounds or symbols or combination thereof,. and all papers" maps,. magneti c and paper tapes" photographic fll ms and pri nts,. magnetic or punched cards, discs,. drums and other documents. (Govt Code Section 6253(e)) 3. POL ICY 3.1 Disclosura Public records are open to inspection at all times during office hours and every citizen has a right to inspect any public record" except those records exempted from disclosure by Section 6254 of the Government Coda Determination as to whether a requested record is a public record and open to inspection shall be made by the Department Head or his/her appointed representativa Refusals to disclose a public record shall be reviewed by the Counsel for the Di stri ct 3.11 Records exempt from disclosure include the following: 3. 111 Prelimi nary drafts,. notes,. or interagency or intra-agency memoranda w h i ch are not reta i ned by the public agency in the ordinary course of business,. provided that the public interest in withholding such records clearly outweighs the public interest in disclosure; 3.112 Records pertaining to pending litigation to which the public agency is a party" or to cl aims made pursuant to Division 8.6 (commencing with Section 810) of Titl e I of the Government Code, . until such litigation or claim has been finally adjudicated or otherwise settled; 3. 113 Personnel" medical" or simil ar fil es" the disclosure of which would constitute an unwarranted invasion of personal privacy; 3. 114 Geological and geophysical data" pl ant production data and simil ar information rel ati ng to utility systems development" or market or crop reports" which are obtained in confidence from any person; 3.115 Records of complaints to or investigations conducted by, . or records of i ntelli gence information or security procedures of,. the office of the Attorney General and the Department of Justice, ' and any state or local police agency or any such investigatory or security fl1es compiled by any other state or local agency for correctional, . 1 aw enforcement or licensing purposes; (1976 statutes provided for certain exceptions,. see Section 6254(f) of the Government Code ). 3.116 Test questions" scoring keys" and other examination data used to administer a licensing examination" examination for employment., or academic examination: 3. 117 The contents of real estate appraisal s, ' engineering or feasibility estimates and evaluations made for or by the state or local agency relative to the acquisition of property" or to prospective public supply and construction contracts" until such time as all of the property has been acquired or all of the contract agreement obtai ned" prov i ded, , however" the 1 aw of emi nent domain shall not be affected by this provision; 3.118 Information required from any taxpayer in connection with the collection of local taxes which is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying such information; 3.119 Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state 1 aw" i ncl udi ng" but not limited to, . provisions of the Evidence Code relating to priv 11 ege. 3. 2 RElQ uest for Informati on or Copy. A req uest for a copy of an identifiable public record or a certification" shall be in writing and shall be accompanied by a fee or deposit shown on attached Schedul e. Req uested copi es shall be prov i ded upon payment of appropriate fee. Monies received shall be deposited in the Central Contra Costa Sanitary District Running Expense Fund 3.3 Request for Summary of Information or Cop~ The Public Records Act does not req ui re the Di strict to make summaries or to extract information from documents. Requests for summaries shall be directed to the Board of Directors who shall set the fee upon receiving advice from staff as to the estimated time of staff work required to compile such summaries. SCHEDULE OF FEES OR DEPOSITS TO BE COLLECTED WHEN COpy OF PUBL Ie RECORD OR INFORMATION IS REIlUESTED GENERAL DOCUMENTS Fee or Deposit per Unit Unit 1. $ . 15 Copy of identifiable public record or information (Set by Administrative action, currently at 15~ per page) Each page 2 Copy of maps by di azo $ 1.50 $ .50 $ 200 Each page 3. Print from microfilm Each page 4. Extract of document and certification Page 5. $ 1. 00 Certifying existing documents Document SPECIAL DOCUMENTS 1. District Code in binder Update Service Fee $100. 00 $ 15. 00 Code with binder Annual 2 Standard Specifications Set of Specifications $ ~OO Mail ed $ 6.00 Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. VII. ENGINEERING 1 3 21 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE March 12,.1985 SUBJECT CONSIDER ADOPTION OF A NEGATIVE DEClARATION FOR WALNUT CREEK DOWNTOWN PARALLEL PROJECT (DP 1997) TYPE OF ACTION ADOPTION OF NEGATIV E DEClARATION SUBMITTED BY INITIATING DEPT./DIV. JIM HILL ENGINEERING/CONSTRUCTION ISSUE: The local Cal ifornia Environmental Qual ity Act (CInA> guidel ines require the District to prepare environmental documents for the Wal nut Creek Downtown Parall el Proj ect -- DP 1997. Di strict staff have conducted an Initi al Study and prepared a Negative Declaration for this project The Board must review and act upon the Negative Declaration in accordance with CInA guidel ines before the project can be constructe~ BACKGROUND: This project is proposed for construction now based on a unique, one time opportunity for the Central Contra Costa Sanitary District to incorporate project construction with construction of the already approved Walnut Creek Project/San Ramon Creek Bypass Flood Control Channel. This flood control project is the last phase of an overall plan to reduce flood damage in Walnut Creek and is designed to control flooding and bank erosion in the San Ramon Creek are~ The proposed project consists of construction of an 8400 foot" isolated section of 54-inch diameter pipeline within the Southern Pacific Railroad right-of-way in the City of Walnut Creek, California,. between Arroyo Way and Rudgear Road (see Exhibit A attached). The pipeline would begin approximately 60 feet north of the existing Walnut Creek Channel at the southern edge of Arroyo Wa~ The pipeline would end approximately 160 feet south of the Southern Pacific Railroad right-of-way crossing of San Ramon Creek, ,which is 1300 feet north of the intersection of Rudgear Road with Danville Boul evard and the Southern Pacific Rail road right- Of-way. Neither end of the pipeline would be connected to the existing Central Contra Costa Sanitary District sewage transport system in the proj ect are~ The proposed project will ultimately serve as a segment of a trunk sewer system which is likely to be required further south of the project area to meet future demands for Central Contra Costa Sanitary District sewer service~ The proposed project would be connected to the existing Walnut Creek area sewer system to act as a relief sewer to handle existing flows in case of a need for a sewer line bypass in Walnut Cree~ The pipeline would be constructed immediately west of the flood control channel in the same excavation are~ By merging construction of the proposed pipel ine project with the flood control project,. additional construction related air e~ J~tL- REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. cws JMK RJD . '~-'-~'---"-'--'~-------'--'._'--""-~~--'--"""------_.__.~._,....,"- - _..-.".-._----'..~._._-,..--,.-.,,-----_..._,.._.<----.,_. quality,. noise, . and biological impacts are avoided since potential construction impacts of the proposed project would be mitigated with those of the flood control proj ect. The Central Contra Costa Sanitary District is the lead agency in the mandated rev i ew process si nce it is the public agency proposi ng the proj ect and has conducted an Initi al Study of the proposed proj ect to determi ne 1f the project may have a sign1ficant effect on the environment. The Initial Study was prepared - by Earth Metrics Incorporated,. an env i ronmental and planning consulting fir~ The District staff finds that the Initial Study adequately,. accurately,. and objectively evaluates the proposed project's effect on the environment,. that the proposed project will not have a sign1ficant effect on the environment,. that no mitigation measures are needed other than those incorporated in accordance with the approved Walnut Creek Project/San Ramon Creek Bypass Flood Control Project, and that a Negative Declaration would be the appropriate document for the project. In compliance with the CEnA requirements,. District staff have solicited comments and arranged for legal notices. Once the Board has acted on this Negative Decl aration,. a Notice of Determination will be fll ed with the County Clerk's office. RECOMMENDATION: Adopt the project Negative Declaratio~ REV'PED I.ND RECDMMENDED I'OR 80l.RD I.CT'ON INITIATING DEPT./DIV. GEN. MGR.lCHIEF ENG. .O"')e ~ ~ ~ Q; \J h .. It ~ :; .. J .. ~ III .. It It .. ).... :; It C 0 ~ .. It .. '"' .. u . i: 0 ~ 0 .. '- . .. 0 It . It \oJ ~ Q 0 .. .. .. . z . 0 . 1&.1 X It . .. C!>> III 1&.1 I 0 0 ..I 0 0 0 0 I 0 0 0 0 I 0 0 0 0 11"1 00 0\ - .. o tI) u u u ~ :z: E-< 0< E-<~ f-<c:a::: u< fo,: 'JE-< OU ~~ P-..., o oc:a::: ~p.. tI)~ o::t:: ~E-< ~z p-..... ~~ ~~ E-< fa..tI) 0>- tI) P-c:a::: .....w :z:~ tl)w ~tI) .....0 ~tI) ,.JU ~u ~u .. ~ ~ 6 tI) <( I- ..... co ..... ::c x lLJ ra:I i41i\3 \W~ :Ii: m A .u lilts ,; RESOLUTION Nn 85- A RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR THE WALNUT CREEK DOWNTOWN PARALLEL PROJ ECT <DP 1997) RESOLVED, .by the Board of the Central Contra Costa Sanitary District, . County of Contra Costa, . State of California, . that WHEREAS, .the project upon which this determination is made is described as follows: The proposed project consists of construction of an 8400 foot,. isolated section of 54-inch diameter pipel ine within the Southern Pacific Rail road right-of-way in the City of Wal nut Creek,. Cal iforni a, . between Arroyo Way and Rudgear Road. The pipeline would begin approximately 60 feet north of the existing Wal nut Creek Channel at the southern edge of Arroyo Way. The pi pel i ne woul d end approximatel y 160 feet south of the Southern Pacific Railroad right-of-way crossing of San Ramon Creek,. which is 1300 feet north of the intersection of Rudgear Road with Danvil1e Boulevard and the Southern Pacific Railroad right-of-way. WHEREAS,. District staff has conducted an Initial Study of the proposed proj ect, . which was prepared by Earth Metrics Incorporated" an environmental and planning consulting fi~ WHEREAS" District staff finds that the Initial Study adequately,. accurately,. and objectively evaluates the proposed effect on the environment. WHEREAS, . the results of the Initial Study have been reviewed by the Board. NOW, ,THEREFORE, IT IS HEREBY FOUND,. DECLARED, . and ORDERED that the above named project will not have a significant effect upon the environment; and THAT,. the Secretary of the District is hereby authorized and instructed to file a certified copy of this resolution and of the aforesaid Initial Study at the District Office to be available for public inspection and copyin~ PASSED AND ADOPTED by the District Board of the Central Contra Costa Sanitary District this 21st day of March 1985 by the following vote: AYES: Members: NOES: Members: ABSENT: Member: President of the District Board of the Central Contra Costa Sanitary District,. County of Contra Costa. . State of Cal fforn1 a COUNTERS IG NED: Secretary of the District Board of the Central Contra Costa Sanitary District" County of Contra Costa,. State of California John J. Carn1 ato, .01 strict Counsel ((sD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO.VIII. COLLECTION SYST M 1 3 21 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE March 18, .1985 SUBJECT AUTHORlZE $146,000 FROM THE SEWER CONSTRUCTION FUND TO COMPlETE PHASE I OF THE OUTFALL INSPECTION AND REPAIR ACTIV !TY TYPE OF ACTION Authorize Funds SUBMITTED BY INITIATING DEPT./DIV. John Larson, . Mana er, . CSO Collection S ISSUE: An additional authorization of Sewer Construction Funds is needed at this time to cover the cost of completing Phase I of the Outfall Inspection and Repair Activ ity. BAa<GROUtlh In July 1984 the Board of Directors approved two authorizations totaling $556,000 to begin work on Phase I of the Outfall Inspection and Repair Activit~ These authorizations were based on rough cost estimates and they were intended to cover the cost of dewatering and inspecting the entire Outfall and to repair 140 leaking joints using three different repair technologies. The work started in October 1984 and was completed in thirty-five days. The late timing of the work was necessitated by continued leaking in the vicinity of the Industrial Tank Corporation and Acme Fill disposal sites. The total cost of Phase I to date is approximately $670,00~ The additional costs are in three major areas: (1) sealing additional joi nts; (2) unknown fiel d conditions; and (3) unanticipated labor related charges. Shortly after starting the inspection and repair work in October,. it became apparent that the condition of the Outfall vis-a-vis the number of leaking joints was worse than anticipate~ This was discussed with the Board during the Engineer's Report on October 18,. 1985. In additi on, . the progress bei ng made by the maj or j oi nt seali ng contractor was better than expecte~ The decision was made to seal 40 additional joints to minimize the problems of continued leakage in the vicinity of the Industrial Tank Corporation and Acme Fill areas while taking advantage of a unit price break in the installation contrac~ This work added $63,000 to the cost of Phase I. The cost of dewatering the Outfall exceeded the original cost estimate by $37,000 due to extreme and frequent fluctuations in elevation that severely limited the use of the natural drainage. Finally, the project incurred $14,000 in labor related costs due to a change in accounting procedures. All of the constructi on work that was pl anned for Phase I is compl ete at th i s time. A draft report has been compil ed that will be used as the basi s for planning Phase IL An inspection using divers is being planned for this summer to assess the performance of the three repair technologies installed last yea~ The i nformati on prov i ded by the divers w ill be used to fi nalize our pl ans for Phase IL The inspection is estimated to cost $33,000 including contract divers and CSO forces for access and surface support. The inspection using divers was not included in the previous authorizations. A summary of the Outfall Inspection and Repair Activity costs is REVIEWED AND RECOMMENDED FOR BOARD ACTION included in the attachment to this position pape~ The total authorization being requested is $146,000. This expenditure is included in the Five Year Capital Expenditure Pla~ RECOMMENDATION: Authorize $146,000 from the Sewer Construction Fund to complete Phase I of the Outfall Inspection and Repair Activit~ R~Vln~D laND R~COMMENOED '0" .0IaRD IaCTION INITIATING DEPT ./DIV. GEN. MGR.lCHIEF ENG. SU*ARY OF OUTFALL INSPECTION AND REPAIR COSTS Total Cost of Phase I $ 668,698 (as of 2/28/85) Less Total Funds Authorized 556,000 Overexpenditure $ ( 112, 698) Inspection and Planning 33,000 This Authorization 146,000 Total Repair Cost (rough estimate) $ 3,000,000 Total Replacement Cost (rough estimate) $13,000,000