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HomeMy WebLinkAboutBOARD MINUTES 11-16-06 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON NOVEMBER 16, 2006 The District Board of the Central Contra Costa Sanitary District convened in a regular session in the Board Room at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, November 16, 2006. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Boneysteele, Lucey, Nejedly, Menesini ABSENT: Members: Hockett a. PLEDGE OF ALLEGIANCE TO THE FLAG. Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS There were no public comments. 3. AWARDS AND COMMENDATIONS a. RECEIVE THE 2006 NATIONAL PURCHASING INSTITUTE ACHIEVEMENT OF EXCELLENCE IN PROCUREMENT AWARD General Manager James Kelly stated that the District has received the 2006 Achievement of Excellence in Procurement award. This award recognizes organizational excellence in public sector purchasing. Purchasing Manager Jim Warrington presented the award to the Board of Directors. 4. CONSENT CALENDAR Members Lucey and Nejedly requested that Item 4.g. be pulled from the Consent Calendar for discussion. It was moved by Member Nejedly and seconded by Member Lucey to approve the Consent Calendar, consisting of Items a. through f., as recommended, to adopt resolutions, and to authorize recordings. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Lucey, Nejedly, Menesini None Hockett a. Adopt Resolution 2006-118 authorizing execution of quitclaim deed to the San Francisco Bay Area Rapid Transit District (BART) for a sewer easement (Pleasant Hill), District Project 1698, Parcel 1, and authorize staff to record documents with the Contra Costa County Recorder. b. Adopt Resolution 2006-119 accepting two offers of dedication from Shapell Industries, Inc., in the Dougherty Valley area, Job 5331, Parcels 1A and 1 B, and authorize staff to record documents with the Contra Costa County Recorder. Book 55 - Page 46 Board Minutes of November 16, 2006 c. Adopt Resolution 2006-120 accepting a grant of easement from John Mundy and Blanche Lea Mundy, District Project 5709, Parcel 1, and authorize staff to record documents with the Contra Costa County Recorder. d. Accept the contract work for the Danville Sewer Renovations Project, Phase 1, District Project 5758, and authorize filing the Notice of Completion. e. Adopt Resolution 2006-121 declaring that annexation to the District would benefit the properties at 850 and 900 North Gate Road, pursuant to Health and Safety Code Section 6830. f. Accept the SB 1087 Wastewater Utility Service Capacity/Demand Report. Members Lucey and Nejedly asked questions regarding the reason for the substitution of the listed subcontractor. g. Authorize the substitution of the listed subcontractor, Poscon Electric, Inc., with a different subcontractor, Zeco Electric Company, for electrical work on the Headquarters Office Building HVAC Improvements and Roof Replacement Project, and the Plant Operations Building HVAC Improvements Project, District Projects 8205 and 7228. It was moved by Member Lucey and seconded by Member Nejedly to approve Item 4.g. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Lucey, Nejedly, Menesini None Hockett 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 6. BIDS AND AWARDS a. AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $142,886 FOR THE CONSTRUCTION OF THE ACACIA PUMPING STATION UPGRADES PROJECT, DISTRICT PROJECT NO. 5933, TO FORT BRAGG ELECTRIC, INC., THE LOWEST RESPONSIVE BIDDER. AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE CONTRACT DOCUMENTS General Manager James Kelly stated that the Acacia Pumping Station Upgrades Project, DP 5933, consists of upgrades to mechanical and electrical equipment at the Acacia Pumping Station to prevent overflows, reduce O&M costs, and increase operating efficiency. Three sealed bids were received for the project. The engineer's construction cost estimate was $175,000. The bids ranged from $142,886 to $229,270. The lowest responsive bidder was Fort Bragg Electric, Inc. Staff has researched Fort Bragg Electric and determined that they are a responsible contractor with a good safety record. Therefore, staff recommends that the Board award a construction contract to Fort Bragg Electric, Inc. It was moved by Member Nejedly and seconded by Member Lucey to award a construction contract in the amount of $142,886 for the construction of the Acacia Pumping Station Upgrades Project, District Project No. 5933, to Fort Bragg Electric, Inc., the lowest responsive bidder, and to authorize the General Manager to execute the contract documents. Motion passed by the following vote of the Board: Book 55 - Page 47 Board Minutes of November 16, 2006 AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Lucey, Nejedly, Menesini None Hockett 7. REPORTS a. GENERAL MANAGER 1) Update on National Pollutant Discharqe Elimination System (NPDES) Permit Status General Manager James Kelly stated that the District's NPDES permit expired on May 31,2006 and was extended by the Regional Board until resources became available to draft a Tentative Order. On September 29,2006, the Regional Board issued a draft Tentative Order to the District. Director of Plant Operations Doug Craig provided an overview of the issues of concern with the Tentative Order. He stated that the draft Tentative Order (TO) was issued on September 29, 2006 and the next steps are formal review of the TO in November, and the Regional Water Quality Control Board (RWQCB) hearing in January 2007. Major issues of concern to the District are compliance with final limits for mercury, cyanide, dioxin and copper. Mr. Craig stated that the interim limit on mercury is 87 ppt, and the District is able to meet that limit, which is the same as that listed in the permit for the last five years. That limit will end in April, 2010, and if the TMDL has not been completed by that time the final limits will be 18 ppt monthly average and 46 ppt daily maximum. The District will have difficulty meeting that limit on a consistent basis. The TMDL and Basin Plan Amendment are scheduled to go the State Water Resources Control Board in March 2007, with a 90-day review by the Office of Administrative Law and another 90-day review by the Environmental Protection Agency. It is hoped that the TMDL and Basin Plan Amendment will be approved by November 2007. The District's averaged mercury discharge over the past three years has been 26 ppt, 34 ppt, and 17 ppt. With regard to cyanide limits, the interim limits are 20 micrograms per liter until April 2010. The Basin Plan Amendment is in progress to reflect a final effluent limit of 29 micrograms per liter; if completed on schedule, the District's compliance concerns will be resolved. Copper has been removed from the 303-(d) list and the final limits are 14 micrograms per liter monthly average and 20 daily maximum, which has been met by the District for the past five years. The main source of copper is residential plumbing and brake linings. Dioxin final limits are 0.014 picograms per liter monthly average and 0.028 picograms per liter daily maximum. The minimum level of detection is much greater than the final limits, which are not measurable. In summary, mercury compliance is the most significant issue. In addition to supporting the Regional Water Quality Control Board's effort to complete the Mercury Basin Plan Amendment, the District should complete the implementation of the Dental Amalgam Separation Program that is currently underway, and implement a project to reduce mercury in the furnace scrubber water before April 2010. The District should continue to support RWQCB and BACWA to complete a Basin Plan Amendment for cyanide, and continue to pursue dilution credit for copper. BACWA is currently having discussions with RWQCB on the rationale for the low dioxin limits, and the District may wish to consider appealing the permit on mercury, copper and dioxin. Book 55 - Page 48 Board Minutes of November 16, 2006 2) Update on Title 10 District Code, Source Control Ordinance Revision General Manager James Kelly stated that District staff has initiated a project to modify the Source Control Ordinance (Title 10 of the District Code) as part of a District-wide process to update all of the District's codes, and in response to initiatives taken by the USEPA and State Water Board that affect the District's Source Control programs. The Source Control Ordinance is required as part of the approved Pretreatment Program, and is an important tool to set standards in order to protect the District's operations and compliance status. Source Control Superintendent Tim Potter provided a summary report on the scope of the modifications and the process for approving and adopting these code revisions. He stated that the purpose of revising Title 10 is to implement the Pretreatment Streamlining Rule adopted by the USEPA, to implement local limit recommendations, to include recommendations from oversight agencies, and to improve Source Control's operations by clarifying current standards and addressing emerging initiatives. The revisions will improve regulation of waste haulers and clarify standards for grease interceptors and traps. Board Members inquired whether grease obtained from the grease traps can be utilized in any way and whether staff has looked into that. Mr. Potter responded that the District has not looked into using grease as fuel and that there are complications. For example, biodiesel manufacturing only utilizes clean grease, not that removed from interceptors. Mr. Potter summarized the proposed revisions in detail. He stated that the RWQCB will be notified of the intent to modify Title 10, and will have a 45-day review and comment period. Workshops will be hosted with affected businesses and the process will conclude with a public hearing at one of the February Board meetings. 3) Update on Lower Orinda Pumpinq Station General Manager James Kelly reported that, on March 16, 2006, the Board accepted the Lower Orinda Pumping Station Renovation Project. The project was very complex and several major issues related to the standby engine generator and central control panel were dealt with during construction. The pump station has functioned as designed and the District experienced no overflows to the critical EBMUD watershed during last year's wet weather season. On May 11, 2006, the contractor, Pacific Mechanical Corporation, submitted a construction contract claim for just over $1.2 million for the standby engine generator, central control panel and related issues. Mr. Kelly stated that the matter is also on the agenda for Closed Session later in the meeting. Senior Engineer Andrew Antkowiak provided an update on the technical aspects of the claim. He stated that the contractor, Pacific Mechanical Corporation (PMC), was awarded the project on December 3,2003 for $9 million. The anticipated completion date was December, 2005. He described the complexity of the project and the tight time schedule due to being constrained to dry weather seasons. The project was completed in February 2006. On May 11, 2006 a claim was received from PMC, including two key issues: the standby engine generator and the central control panel. The value of the claim was $1,233,905. Regarding the engine generator, he explained that only one listed engine generator supplier bid on the project, but took exception to the specifications. A substitute, lower-quality engine generator supplier did not take exception and therefore was listed on PMC's bid. During construction, the substitute engine supplier had difficulty meeting the specifications and schedule. The District directed PMC to supply a higher quality Kohler engine at a higher cost ($160,000) and a temporary emergency standby generator was supplied until Book 55 - Page 49 Board Minutes of November 16, 2006 the permanent standby generator was operational in January 2006 ($60,000). The balance of PMC's engine generator-related claim is $123,512, for a total engine generator claim of $343,512. With regard go the central control panel issues, the central control panel supplier failed to meet the May 2005 deadline. The contractor claimed that the central control panel, as designed, was too small and too complex. The electrical sub- contractor hired a new central control panel supplier at the end of August 2005. The delayed central control panel delivery compressed the schedule and impacted the contractor's productivity. Due to the compressed schedule, staff was unable to perform the required testing prior to central control panel delivery, resulting in many field changes. A small portion of the contractor's claim includes changes requested by the District. Capital Project Manager Tad Pilecki responded to questions regarding the problem with the central control panel. Mr. Pilecki stated that the total claim is $1,233,905. The District is retaining 150 percent of the liquidated damages, other damages and punch list items, making a total of $558,000 being retained. General Manager James Kelly stated that a closed session on this claim will be held at the conclusion of the agenda to discuss the situation. 4) General Manager James Kelly announced that the Board approved a $77,000 contract change order with Darcy and Harty at the October 5, 2006 Board meeting to repair the Hoover Court Slide, which was part of the Vessing Sewer Project. This project was to be funded by a Joint Powers Agreement with the City of Pleasant Hill. The contractor recently learned that a key material needed for the repair method is not available for four to six weeks. This will put the repair into the middle of the wet weather period. To prevent further deterioration of the slide by Murderer's Creek, the contractor will install a temporary protection measure that is expected to cost $5,000 to $7,000. The permanent repair will occur next year during the summer. The City of Pleasant Hill plans to pursue recovery of the additional cost of the temporary protection measures from its design consultant. 5) General Manager James Kelly announced that, during the week of November 13, Source Control staff will be mailing an informational packet to the dentists in the District's service area who are subject to the mandatory amalgam separator program. The purpose of the informational packet is to reinforce the information presented by District staff at the Contra Costa Dental Society meeting on October 10, 2006. The packets will provide information on how the permitting process is going to be implemented and on how the schedule for completing the installation of the amalgam separators will be established. Staff of the Contra Costa Dental Society is reviewing the informational packets and their comments will be incorporated into the final mailing. 6) General Manager James Kelly announced that Caltrans opened bids for the repair of the District's 21-inch sewer that was damaged by Caltrans at Lancaster Road in Walnut Creek, and the apparent low bidder was McGuire and Hester Construction at $400,000. The sewer was damaged by the placement of a sound wall pier through the sewer some years ago. District staff worked with CalTrans on an acceptable design for the repair of the sewer along with the removal of the pier. CalTrans will be funding all the costs related to the repair. District staff will work with CalTrans on inspecting the sewer repair. It is anticipated that the repair will be complete some time in January 2007, with landscaping to follow. Book 55 - Page 50 Board Minutes of November 16, 2006 7) General Manager James Kelly announced that recent light rains resulted in several leaks being identified in the District Annex (formerly the Animal Shelter) roof. Repairs to the roof will require the replacement of several sections of roof. Staff intends to use funds (up to $40,000) from the HOB/HVAC Improvements and Roof Replacement Project, District Project 8205, to complete the repairs. 8) General Manager James Kelly announced that Senior Engineer Alex Rozul will be attending the Damage Prevention Conference and Expo on December 6 and 7,2006 in Phoenix, Arizona. This is a national conference and trade show that covers all aspects of underground construction. The conference focuses on installing subsurface utilities safely and preventing damage to surrounding utilities. This conference is approved in the 2006-07 Technical Training Conference budget. 9) General Manager James Kelly announced that, on November 2, 2006, Bulldog Gas and Power brought a vacuum truck to the District and removed approximately 1,000 gallons of condensate from the landfill gas pipeline. On November 3, 2006, District staff began using landfill gas in the auxiliary boiler. Staff plans on gradually increasing the use of landfill gas to minimize impacts associated with any residual condensate that may still remain in the pipeline. No problems have been experienced to date. 10) General Manager James Kelly announced that the District's annual holiday party will be held on Friday, December 15, 2006 from noon to 2:00 p.m. at the Pleasant Hill Community Center. All employees and Board Members are invited to join in the festivities. An invitation is included in the front of your Board book. Please let Secretary of the District Elaine Boehme know by December 4 if you plan to attend. The holiday party is sponsored by the District's Employee Activities Organization, which conducts fundraising events such as book sales and candy sales throughout the year to defray costs of the holiday party. Announcements 4-10 were presented as a memo in the Board packet b. Counsel for the District No reports. c. Secretary of the District 1 ) Election Update Secretary of the District Elaine Boehme reported that, at the November 7, 2006 District election, Board Member Gerald Lucey was re-elected and Michael R. McGill was elected to the two seats on the Board. Member Parke Boneysteele was not re-elected. The unofficial results are as follows: Candidate Total Votes Percentaqe Gerald R. Lucey 32,708 30.31 Michael R. McGill 31,730 29.40 Parke L. Boneysteele 27,544 25.52 Paul H. Causey 15,600 14.16 Write-In 335 .31 The official results will be announced by the County Elections Department in early December. The swearing in ceremony will take place on December 7, 2006. Book 55 - Page 51 Board Minutes of November 16, 2006 2) Announce Distribution of Draft Board Member Handbook Secretary of the District Elaine Boehme announced that Board Members were provided with the draft Board Member Guidelines handbook. This was last updated in 1996. She requested that Board Members provide any comments or feedback to her or to the General Manager. d. Board Members 1) President Menesini, Alternate Chair of the Budget and Finance Committee, stated that the Committee reviewed the Expenditures and recommends approval. It was moved by Member Boneysteele and seconded by President Menesini to approve the Expenditure List dated November 16, 2006, including Running Expense Manual Check Nos. 162502 to 162503; Running Expense Regular Check Nos. 163556 to 163715; Sewer Construction Fund Check Nos. 29480 to 29514; Payroll Fund Manual Check Nos. 49134 to 49139; and Payroll Fund Regular Check Nos. 55990 to 56021 . Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Lucey, Nejedly, Menesini None Hockett President Menesini commented that the District has close financial ties with the County and he would be interested in receiving more information about that relationship. 2) Member Nejedly reported on the November 9, 2006 Personnel Committee Meeting. The Board accepted the report without comments. 3) President Menesini announced the upcoming Environmental Alliance meeting to be held on Monday, November 20, 2006 regarding "Climate Change - Truth and Consequences." 9. APPROVAL OF MINTUES a. MINUTES OF OCTOBER 19, 2006 It was moved by Member Lucey and seconded by Member Nejedly to approve the minutes of October 19, 2006. Motion passed by the following vote of the Board: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Lucey, Nejedly, Menesini None Hockett 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None. 12. CLOSED SESSION a. Conference with Leqal Counsel on anticipated litiqation - Siqnificant exposure to litiqation pursuant to Section 54956.9 (b) of the Government Code - one potential matter Book 55 - Page 52 Board Minutes of November 16, 2006 The Board recessed at 3:20 p.m. to reconvene in the Caucus Room for the closed session. Thereafter, the Board reconvened at 4:13 p.m. in the Board Room for the remainder of the agenda. 13. REPORT OF DISCUSSIONS IN CLOSED SESSION None. 14. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at 4:15 p.m. ~ . ./b,"'" l. -n. ,~ Pre . ent of the Board QPt>ire~s, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~~~ Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Book 55 - Page 53