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HomeMy WebLinkAboutBOARD MINUTES 12-04-03 105 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON DECEMBER 4, 2003 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on December 4, 2003. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Boneysteele, Lucey, Hockett, Nejedly ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR Mr. Charles W. Batts, General Manager, noted that a revised map showing the entire easement to be accepted from Sherman Ranch LLC, Consent Calendar Item a., was distributed to the Board. It was moved by Member Hockett and seconded by Member Lucey, that the Consent Calendar, consisting of Items a. through f., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Public sewer improvements and an Offer of Dedication were accepted from Sherman Ranch LLC for an easement shown on the recorded final map of Subdivision No. 8029 in the unincorporated area of Alamo, Job 5350, Parcel 2; staff was authorized to record said easement acceptance with the Contra Costa County Recorder; and Resolution No. 2003-103 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Menesini, Boneysteele, Nejedly None None b. Public sewer improvements and an Offer of Dedication were accepted from Terrance E. Howland and Lisa Beth Howland for an easement shown on the recorded final map of Minor Subdivision 855-97 in the Town of Danville, Job 5344, Parcel 2; staff was authorized to record said easement acceptance to the Contra Costa County Recorder; and Resolution No. 2003-104 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Menesini, Boneysteele, Nejedly None None 12 04 03 106 12 c. The President of the Board of Directors and the Secretary of the District were authorized to accept public sewer improvements and Grants of Easements for Rossmoor Development Project, Phase 8, DP 1001, Parcels 139 (Second Walnut Creek Mutual), 150 (Second Walnut Creek Mutual), 151 (First Walnut Creek Mutual), 152 (First Walnut Creek Mutual), 153 (Third Walnut Creek Mutual), 154 (Second Walnut Creek Mutual), 155 (Second Walnut Creek Mutual), 156 (Second Walnut Creek Mutual), 157 (First Walnut Creek Mutual), and 158 (Golden Rain Foundation); staff was authorized to record said Grants of Easements; and Resolution Nos. 2003-105. 2003-106. 2003-107. 2003-108. 2003-109.2003-110.2003-111.2003-112.2003-113. and 2003-114 were adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Menesini, Boneysteele. Nejedly None None d. The Pleasant Hill Road East Sewer Improvements Project, DP 5553, was approved for California Environmental Quality Act (CEQA)/permitting purposes; and staff was directed to file a Notice of Exemption with the Contra Costa County Clerk. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Menesini, Boneysteele, Nejedly None None e. Notification of the Management Support/Confidential Group's election of officers for 2003-2005 was received. This item was presented for the Board's information. No action was taken. f. A Grant Deed was accepted from the Orinda Country Club for the real property associated with the Lower Orinda Pumping Station Renovation Project, DP 5448; and the General Manager was authorized to execute a Real Property Purchase Agreement for this transaction; staff was authorized to record said Grant Deed with the Contra Costa County Recorder; and Resolution No. 2003-115 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Hockett, Lucey, Menesini, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 5. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO PACIFIC MECHANICAL CORPORATION. AND AUTHORIZE PROFESSIONAL SERVICES AGREEMENTS WITH ELECTRICAL AND CONTROL SYSTEMS ENGINEERING. INC. AND RAINES. MELTON & CARELLA. INC. FOR THE LOWER ORINDA PUMPING STATION RENOVATION PROJECT. DP 5448 1('\, ¡jl,¡ '," ,I ~.. "" ", ,'-" ,-~, (i,', -i,', ~,,'~-',i./,' ~f} i) 107 Mr. Batts, General Manager, stated that the Lower Orinda Pumping Station is the District's oldest active pumping station at over 50 years old. To improve reliability, the existing pumping station will be completely renovated in its existing location. The renovation will include extensive instrumentation, mechanical, structural, and architectural improvements. The construction schedule calls for completion of this project in December 2005. Five bids were received for the Lower Orinda Pumping Station Renovation Project. The engineer's estimate was $6.1 million. Bids ranged from $5,696,000 to $7,965,000. The lowest responsive and responsible bidder is Pacific Mechanical Corporation of Concord, California. Mr. Batts introduced Mr. Andrew Antkowiak, Associate Engineer, who stated that in November 1998 a renovation feasibility study was performed and it was concluded that renovation could be done. At that time, staff looked at other options, and relocation of the pumping station across the creek was considered. Relocation would require a number of permits, especially from the City of Orinda, so staff contacted the City. In August 1999, the City of Orinda voiced a preference for the renovation option as opposed to the relocation option. In September 1999, a Negative Declaration was approved. Design was completed to the 95 percent level in April 2002, but the bid was delayed to avoid major work in several pumping stations simultaneously. In October 2003, the District advertised for bids for the Lower Orinda Pumping Station Renovation Project. Bids were opened on November 19, 2003. The bids ranged from $5,696,000 to $7,965,000. Staff recommends that the Board authorize award of the project to the lowest responsible bidder, Pacific Mechanical Corporation at $5,696,000. Mr. Antkowiak showed photographs and described the issues associated with this project. Construction of the project will be extremely difficult. It will be necessary to keep the existing pumping station operational during construction. There is limited space in the pumping station. The pumping station is located in the middle of a golf course with limited access. The previous position paper was for acquisition of additional land from the Orinda Country Club. The construction work will be done in an active golf club. Mr. Antkowiak reviewed the project schedule which calls for award of the construction contract at this Board Meeting; having the new dry weather pumping station fully operational by April 15, 2005; all equipment fully operational by October 15, 2005; and project completion by December 15, 2005. The project will be sequenced in two phases. Phase 1 will begin with issuance of the Notice to Proceed and is scheduled for completion by April 15, 2005. Phase 1 will consist of work that will not impact the operation of the existing pumping station and will include dry well, wet well, and electrical room additions; new electrical system and two new dry weather pumps, force mains, and ordering of major equipment. Phase 2 is planned to be done from April 16, 2005 through December 15, 2005. Phase 2 work will include demolition of all existing equipment; completion of all mechanical, electrical and instrumentation work; and installation of a new odor control unit, flow meter vault, corrosion control system, new fuel tank, and standby generator. Discussion followed with regard to the pumps that will be used (Worthington), exterior treatment of the pumping station, Orinda Country Club ownership of the alternative site across the creek, the difference in the estimated costs of the renovation option and the relocation option, and the complexity of the project. Further discussion followed in which President Nejedly questioned the items making up the difference between the bid price of $5,696,000 and the final project cost of $8,941,000, including asbestos removal, vibration testing, and using the consultant to check the work they did. Ms. Ann E. Farrell, Director of Engineering, stated that District staff is trying to do as much of the routine work in house as possible and that work would be checked by the consultant. Following discussion, it was moved by Member Hockett and seconded by Member Menesini, that award of the contract for construction of the Lower Orinda Pumping Station Renovation Project, DP 5448, be authorized to Pacific Mechanical Corporation, as the lowest responsible bidder in the amount of $5,696,000; and that the General Manager be authorized to execute a professional services agreement not to exceed $120,000 with Electrical and Control Systems Engineering, Inc. and a professional services agreement not to exceed $100,000 with Raines, Melton & Carella, Inc. The motion was approved with President Nejedly voting no. 12 04 03 108 a. 2) -J]Ç)) -~- Id hn ¿j- '.L~ ..:.;~ 6. REPORTS GENERAL MANAGER 1) Mr. Batts, General Manager, introduced Mr. William E. Brennan, Capital Projects Division Manager, to provide a brief overview of the Martinez Transmission System as requested at the last Board Meeting. Mr. Brennan stated that a team of District employees including Associate Engineer Gail Chesler, Senior Engineer Ba Than, Principal Engineer Tad Pilecki, Field Operations Superintendent Bill Echols, and Collection System Operations Division Manager John Pearl, have been actively involved in both the engineering and operations and maintenance of the Martinez Transmission System. Using a map, Mr. Brennan described the location and components of the Martinez Transmission System, including the Martinez Pumping Station. the M6A1M6B twin 20-inch steel force mains 5,200 in length, the M5 36-inch reinforced concrete pipe 3,700 feet in length, the Fairview Pumping Station, the M4A steel and M4B HDPE force mains 5,700 feet in length, the M3 36-inch reinforced concrete pipe 8,400 feet in length, the Maltby Pumping Station, the M2A steel and M2B HDPE 20-inch force mains 4,100 feet in length, and the M1 42-inch reinforced concrete pipe 3,100 feet in length. There has been recent work on the Martinez Transmission System. Repairs were made to corroded and damaged sections of the M4A, M5, M3 lines, and pipe clamps on the M4A line. A study was conducted to identify corrosion issues in the gravity sections of the system. The first District use of crown spraying was done to coat the M5, M3, and M1 lines to try to postpone the need for a capital project, although crown spraying will not avoid the eventual need for a capital project. The Corrosion Study identified the need for better control of hydrogen sulfide. Work planned for the near term includes construction of the M4A Force Main Replacement Project in 2004-2005, and construction of the M3 Sag Renovation in 2004-2005. Mr. Brennan stated that staff plans to bring forward a project to line the M3 line in the 2005-2006 Capital Improvement Budget. Further investigation of corrosion on M1 and M5 is planned. The Corrosion Study recommended chemical addition at the Fairview and Maltby Pumping Stations and that will be done. The Corrosion Study also recommended that "caustic slugging" be done from the Martinez Pumping Station and that is planned to be done as well. Mr. Brennan showed photographs and described the condition of various components of the Martinez Transmission System. President Nejedly thanked Mr. Brennan for his report. Mr. Batts, General Manager, stated that in July 2003 the Board approved an ordinance clarifying the responsibilities for homeowners and property owners for the installation and maintenance of backwater overflow prevention devices. During the past four months, staff has pursued several avenues to educate the public and property owners about overflow prevention devices. Mr. Batts introduced Mr. Curtis W. Swanson, Environmental Services Division Manager, who reviewed these outreach activities, including production of a backwater overflow prevention device brochure, information on the District's website, an article in the District Pipeline newsletter, a backwater overflow prevention device giveaway program, participation in the Association of Bay Area Governments (ABAG) effort to publicize the benefits of overflow prevention devices, and outreach to realtors and home inspectors. Mr. Swanson stated that the overflow prevention device giveaway program, featured in the District newsletter article, was to give free overflow prevention devices to the first 50 customers. Before the message could be changed, 74 customers had called, and there are 350 on the waiting list. The overflow prevention devices are being delivered by District Construction Inspectors. To date, 67 overflow prevention devices have been delivered and installed. Letters and instructions are being sent to the homeowners on the waiting list. Mr. Swanson thanked Senior .¡", qj 109 Buyer Chris Newkirk for negotiating a 30 percent discount on purchase of the overflow prevention devices, Administrative Assistant Shelley Rose for handling the telephone calls. and Community Affairs Representative Bonnie Lowe for assistance in developing the information pieces. Copies of the information pieces were distributed to the Board. Mr. Swanson stated that when the District began the overflow prevention device outreach efforts, staff was not aware of the ABAG "Be Sewer Smart" campaign. The goal of the ABAG campaign is to reduce the number of overflows and related claims. It involves education of homeowners, distribution of 2,500 free overflow prevention devices, a media event on November 5, 2003 to kick off the campaign, and a KTVU news clip. The news clip, featuring Mr. Swanson, was shown to the Board. With regard to real estate industry outreach, Mr. Swanson stated that staff met with the local chapter of the home inspectors association and with the Contra Costa Board of Realtors Legislative Committee. Staff took the painted, cutaway overflow prevention device developed by Public Information and Graphics Coordinator II Chris Carpenter and a working model built by Mechanical Supervisor Dan McCown. Both the home inspectors and the realtors were very interested in these models and found them helpful. Mr. Swanson stated that future outreach activities that are planned include an article in the realtors newsletter, distribution of 3,000 flyers to realtors, modification of the home disclosure checklist to include overflow prevention devices, targeting outreach to homes in older or overflow-prone areas, news articles in local newspapers, and encouraging local hardware stores to sell overflow prevention devices. Staff has discussed modification of the home disclosure checklist with the realtors, but this is a statewide form so it will take longer to implement a change. President Nejedly thanked Mr. Swanson for the update. 3) Mr. Batts, General Manager, stated that in the Bay Area there are several good news stories about the use of recycled water. One of those is the Dublin San Ramon Services District/East Bay Municipal Utility District Recycled Water Authority (DERWA), a joint powers authority that provides recycled water from the Dublin San Ramon Services District (DSRSD) plant to the Dougherty Valley, Blackhawk, Danville, San Ramon, and Dublin. DERWA plans for the future include the use of recycled water for landscaping along portions of the Iron Horse Trail. This landscaping effort is a joint project between DERWA and Central Contra Costa Sanitary District, and it is part of the mitigation measures for the San Ramon Pumping Station construction work. Mr. Batts introduced Mr. Don Berger, Associate Engineer, who stated that DERWA is a joint powers agency composed of East Bay Municipal Utility District (EBMUD) and Dublin San Ramon Services District (DSRSD) which will produce and wholesale recycled water to serve San Ramon, Dublin, Dougherty Valley, and Danville. DERWA is also referred to as San Ramon Valley Recycled Water Program (SRVRWP). The recycled water will be used for large irrigation customers including golf courses, parks, greenbelts, schools, and homeowners associations. Individual homes will not be served. Former District employee Robert A. Baker is the Authority Manager. DERWA has only three staff including Mr. Baker, and they operate out of the DSRSD office in Dublin. Using a map, Mr. Berger described the location of the DERWA backbone system and member agency distribution systems, noting that much of the system is not yet in place. Ultimately, DERW A will supply approximately 3,700 acre-feet per year (3.3 mgd) to DSRSD customers and 2,700 acre-feet per year (2.4 mgd) to EBMUD customers. The cost for the DERWA backbone system and DSRSD filter plant now under construction is $86.5 million. This 12 04 o~~ 110 4) l' ç,'~,",Þ, /';;.; project is on an ambitious schedule. The two-year project should be done by spring 2005 and will start getting water to customers by summer 2005. In addition to the $86.5 million, there will be additional costs from EBMUD and DSRSD for their distribution systems. Connections will be phased in over ten to fifteen years. Mr. Berger stated that CCCSD and DERWA will interact on the landscaping at the Iron Horse Trail road crossings in San Ramon at Norris Canyon Road, Montevideo Drive, Bollinger Canyon Road, and Pine Valley Road. This work is part of the construction mitigation for the San Ramon Pumping Station. CCCSD and DERWA will share construction costs where DERW A has recycled water service. This will result in a savings of approximately $50,000 to $60,000. The construction schedule calls for the DERW A recycled water pipes to be in place in 2004 and landscaping in 2005. Another CCCSD/DERWA interaction will be on the Bay Area Regional Water Recycling Program (BARWRP). Efforts are underway to update the Regional Water Recycling Master Plan to assist in obtaining funding, and regional public outreach programs on recycled water. Discussion followed with regard to the sources of funding for the $86.5 million project and update of the Bay Area Regional Water Recycling Program (BARWRP), current CCCSD recycled water efforts and the necessity of planning for the future. Following discussion, President Nejedly thanked Mr. Berger for the update. Mr. Batts, General Manager, announced that the District will be advertising for the Treatment Plant Safety Enhancements Project, DP 7219. The project incorporates several Plant Maintenance Division safety-related tasks into one capital project in order to gain economies of scale. Some safety work will also be done at the Orinda Crossroads Pumping Station and the Household Hazardous Waste Collection Facility. The scope of work includes railing enhancement, concrete work, platform fabrication, duct work, valve extension, davit arm placement, earth work, and grating enhancement. The engineer's estimate for this project is $110,000. 5) Mr. Batts, General Manager, stated that Member Lucey asked about the status of the Moraga Way Cured-In-Place Pipe Project, DP 5246. Staff just learned that the subcontractor for the installation of the lateral connections has not left his Seattle project and may be further delayed. The District has sent several letters to the project contractor, Andes' Construction, indicating that the District can assess liquidated damages for the project delays. The District has also considered sending a letter of termination, termination of right to proceed, in accordance with Article GC- 36 of the specifications. The District would then take over the job, and the balance of the unpaid contract funds would be used to finish the project; however, there is a downside. The reinstatement of the laterals would be done, unless some other "top hat" subcontractor appears, in the normal way by excavating in Moraga Way at each lateral location. This would cause major traffic problems for over a week, and would incur additional problems of traffic control, paving construction excavations, and possibly additional costs for repaving a section of Moraga Way if required by the City of Orinda. Staff believes that the best position for the District is to use liquidated damages to try to leverage the contractor and his subcontractor to perform. Discussion followed with regard to suing Andes' Construction, potential recoveries for consequential damages, and the estimated completion date of the project. 04 In response to questions from the Board, Mr. William E. Brennan, Capital Projects Division Manager, stated that the most recent correspondence indicates that the subcontractor should be on the job by December 15. Based on past performance, Mr. Brennan stated that he does not entirely trust that correspondence. Mr. Brennan stated that the downside is the 0, (.;-;;, " t ,;,'""",t.1\ , i" ",~-7 111 cost and inconvenience to the people, and getting additional permits for excavation of the laterals from the City of Orinda. It seems that warrants trying to have the subcontractor finish the project rather than having the District take over the job. Mr. Kenton L. Aim, Counsel for the District, stated that he believes that the best chance the District has is to keep pressure on the contractor who will then put pressure on the subcontractor. The only way the District can get at the subcontractor is through their bond and their relationship with their bonding company. The District's liquidated damages are only for costs for delays. There is no quick way to get through this. The laterals are installed and working, it is just the lateral seal in the trunk sewer that remains to be completed. In response to questions from the Board, Mr. Brennan stated that the District was trying a new technology for reinstating the laterals on the project, the "top hat" technology. The reason for trying it on this project was to minimize traffic disruption on Moraga Way. There is only one company on the west coast that does this type of thing. Member Lucey suggested that in the future if the District is using new work methods, the liquidated damages should be much higher. Mr. Aim stated that he believes it would be best to put pressure on the subcontractor through their bond. This should be done through the contractor, Andes' Construction. Member Lucey requested that staff keep the Board informed. 6) Mr. Batts, General Manager, announced that the District recently recruited for a Senior Buyer position, and appointed Mr.' Chris Newkirk, the District's current Buyer, to the Senior Buyer position. The District would like to recruit for the vacant Buyer position. The Board Personnel Committee had no objection to filling the vacant Buyer position; and unless the Board objects, staff will proceed with recruitment. The Board voiced no objection. 7) Mr. Batts, General Manager, stated that the District's Annual Report has been revised, and the 2002-2003 Annual Report is now available. Copies were distributed to the Board. The format and information from the previous year's report was changed slightly and updated with the latest data while the main text and graphics remained the same. This way the District was able to use a good design for two years at a relatively low cost. Next year, staff plans to redesign the Annual Report. 8) Mr. Batts, General Manager, stated that the District recently received its annual invoice for the California Association of Sanitation Agencies (CASA) dues, and an associated request for payments towards the CASA Biosolids Program. Last year the District pledged $5,000 to the CASA Biosolids Program, and would do the same this year if the Board has no objection. The Board voiced no objection. 9) Mr. Batts, General Manager, stated that he will provide updates to the Board on any revisions to the State budget that would impact the District. At present the long battle to resolve the State budget crisis is just beginning with Governor Schwarzenegger proposing $2 billion in current year budget cuts and the legislature opposing cuts in transportation, local government funding, and health and human services. The legislature has also been having hearings on special districts. A copy of the memorandum dated December 2, 2003 from California Association of Sanitation Agencies (CASA) Executive Director Mike Dillon regarding CAS A testimony at the Senate Local Government Hearing on Integrity and Governance of Special Districts was provided to the Board. Member Lucey commented that the memo from Mr. Dillon was excellent. 12 04 - 01),') '0 112 °b. COUNSEL FOR THE DISTRICT 1) Mr. Kenton L. Aim, Counsel for the District, provided a brief update, and announced that the California Supreme Court has accepted the Los Angeles/Burbank case concerning appeal of National Pollutant Discharge Elimination System (NPDES) permit conditions. 2) Mr. Aim, Counsel for the District, briefly reviewed the program from the Association of Metropolitan Sewerage Agencies (AMSA) 2003 Law Seminar on Developments in Clean Water Law. As in recent years, there was greater focus on collection system operations as opposed to treatment plant operations at the two and one-half day seminar. Member Boneysteele left the meeting at the hour of 3:54 p.m. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS None 7. APPROVAL OF MINUTES a. MINUTES OF NOVEMBER 6. 2003 It was moved by Member Menesini and seconded by Member Hockett, that the minutes of November 6,2003 be approved as presented. There being no objection, the motion was approved with Member Boneysteele being absent. 8. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED DECEMBER 4. 2003 It was moved by Member Lucey and seconded by President Nejedly, that the Expenditure List dated December 4, 2003, including Self Insurance Check Nos. 102058-102059, Running Expense Check Nos. 147587-147743, and Sewer Construction Check Nos. 26239-26283, be approved as recommended. There being no objection, the motion was approved with Member Boneysteele being absent. 9. BUDGET AND FINANCE a. RECEIVE OCTOBER 2003 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance (O&M) for the month of October 2003, noting that expenditures were $443,000 less than budget, representing a 12.6 percent favorable variance. Year-to-date O&M expenditures were $188,000 less than budget, representing a 1.3 percent favorable variance. Year-to-date O&M revenues of $1,184,000 were $54,000 greater than budget. Ms. Ratcliff reported that year-to-date Sewer Construction Fund revenues were $3,687,000 and expenditures were $8,395,000, reducing the fund balance by $4,708,000. Member Boneysteele returned to the meeting at the hour of 3:57 p.m. Ms. Ratcliff reported that the District's temporary investments were held in the District's Local Agency Investment Fund (LAIF) account. The average yield of the District's LAIF account through October 2003 was 1.635 percent. President Nejedly declared that the October 2003 Financial Statements were duly received. 12 (~4 (", ': .W !y 113 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 12. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 3:58 p.m. COUNTERSIGNED: Secr the Central on a Costa Sanita District, County of Contra Costa, State of California 12 04 0 ~.> û