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Home My WebLink About10/16/2003 AGENDA BACKUP' Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: October 16, 2003 No.: 4.a. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM MARDEL LLC FOR THE EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. 8427, JOB NO. 5533, PARCEL 1, PLEASANT HILL AREA. Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACT/". MM'ullin J. Miyamoto -Mills Swanson A. Farrell har es W. tts, General Manage ISSUE: Board approval is required to accept offers of dedication and to record easement acceptances. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication at no cost to the District, and authorize recording. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement that is required for a recent public sewer extension in Oak Gate Place in Pleasant Hill (see Attachment 1). The final subdivision map and public sewer improvements have been reviewed by District staff and deemed to be in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer improvements and an offer of dedication from Mardel LLC (Delco Builders), Job No. 5533, Parcel 1, Pleasant Hill area, at no cost to the District. Authorize recording of the easement acceptance with the Contra Costa County Recorder. Page 1 of 2 Z Q LLJ CLARIE DR Mums BLVD � PLEASANT \ HILL BOYD RD / j GEARY RD LOCATION MAP N.T.S. HOOKSTON SUB � LOCATION 0 LEGEND: e NEW SEWER N of —e-- EXISTING SEWER n of EASEMENT AREA IF SUB BOUNDARY 0 100 200 EI FEET n l Central Contra Costa Attachment T Sanitary District ACCEPTANCE OF EASEMENT DEDICATION Alga 1) 1 SUB 8427 JOB 5533 Page 2 of 2 I 2 Two YVator Tn • Bollman Water Treatment Plant, Concord a — Serves Central County Treatment: Conventional, Mixed Media, Ozone — 75 million gallons per day (mgd) capacity • Randall -Bald Water Treatment Plant, Oakley — Serves Oakley and parts of Antioch & Brentwood — Treatment: Direct Filtration, Mixed Media, Ozone — 40 mgd cap N u I .i Proft 4998 1999 2000 2001 2002 2003 Year .110 1 CONTRA COSTA ,,. �.... WATER DISTRICT 5 Wh • State A e ncle - Resources Agenc! • Dept. of Water Resi hL and Game, Reclamation Board, Delta Protection Commission, Dept. or a Conservation, SF Bay Conservation ti Development Commission - CA Environmental Protection Agency * Mate Water Resources Control Board -- CA Dept. of Food and Agriculture -- A Dept of Health Services ..�� .14 \`: tow" COSTA WATER OISTAICT "IS O& COSTA �, WATER DISTRICT IM- ARGMIMV44 Supply, Wafter' Qualm & ate Cie[ • Water transfers to provide supplies needed during a drought • Advanced treatment technology to provide improvements in water quality Could cost • New Central Delta intake to improve CCWD water quality and operational flexibility $170 million • Water quality improvements near CCWD intakes • Los Vaqueros Reservoir expansion with CCWD could partnering agencies get paid up to $200 million .&` `CONTRA CO WATER DISTRICT VA Expanding Los Vaquems: r IRE-. CALFED Los Vaqueros Reservoir Expansion — Studies ■ Expand Los Vaqueros o.. S from 100,000 acre-feet up to 500,000 acre -feet " t March 2, 2004 Shall Contra Costa Water District work with public water agencies to expand Los Vaqueros Reservoir, at no cost to District ratepayers, to: (1) increase water supplies for drought protection; (2) improve drinking water quality; and (3) protect endangered fish in the Delta, on condition that: (a) CCWD water rates will not increase; (b) no water will be exported to Southern California or a peripheral canal; and (c) CCWD will still operate the `CONTRA COSTA WATER DISTRICT 6 10 Central Contra Costa Sam-ary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: October 16, 2003 No.: 7.a. BIDS AND AWARDS Type of Action: AUTHORIZE AWARD subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO PARADISO MECHANICAL, INC. FOR THE CSOD FUEL SYSTEM MODIFICATIONS, DISTRICT PROJECT 8201 Submitted By: Initiating Dept. /Div.: Dana Lawson, Staff Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: B l/V Y J - *A--- D. Lawson B. Than B. Brennan A. II ISSUE: On October 7, 2003, sealed bids were received and opened for the CSOD Fuel System Modifications, DP 8201. The Board of Directors must authorize award of the contract or reject bids within 50 days of the bid opening. RECOMMENDATION: Authorize award of a construction contract to Paradiso Mechanical, Inc. FINANCIAL IMPACTS: Approximately $395,000 including bid price, contingency, and construction management. ALTERNATIVES /CONSIDERATIONS: Reject all bids. This would close down the CSOD fuel system after December 31, 2003. BACKGROUND: The CSOD Fuel System consists of two fuel tanks, underground piping, and a fuel dispensing system. During a recent annual inspection, deficiencies were found in the underground storage tanks and piping. These deficiencies would make it difficult for the District to obtain an air permit for the existing fuel tanks and dispensing system and do not comply with future regulations which will be in effect January 1, 2004. This project will replace the two underground storage tanks, the existing fuel pumps, and associated piping with a new system that will conform to current and anticipated future regulations. Staff recommends maintaining a fueling facility at CSO for convenience, efficiency and productivity, and to provide reliability in acquiring fuels for the District's fleet and equipment in the event of an emergency. Additionally, a considerable cost saving is also realized due to lower bulk rates for gasoline and diesel. Plans and specifications for this project were produced by RHL Design Group, Inc. and District staff. The engineering estimate for construction is $250,000. The project was advertised on September 24 and 29, 2003. Two (2) bids, ranging from $304,673 to LAPosition Papers \8201 AwardParadiso.DOC Page 1 of 5 POSITION PAPER Board Meeting Date: October 16, 2003 subject. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO PARADISO MECHANICAL, INC. FOR THE CSOD FUEL SYSTEM MODIFICATIONS, DISTRICT PROJECT 8201 $336,536.71 were received and publicly opened on October 7, 2003. A summary of these bids is shown on Attachment 2. The bid was approximately 15 percent higher than anticipated. Staff believes the high bid is due to the large number of similar projects being constructed prior to the regulatory deadline of December 31, 2003. Staff conducted a commercial and technical evaluation of these bids and has determined that Paradiso Mechanical, Inc. is the lowest responsive and responsible bidder with a bid amount of $304,673. Construction management, construction contract administration, and daily construction inspection will be performed by District staff. Construction support services will be provided by RHL Design Group, Inc. These support services will ensure that the constructed fueling system complies with the specifications and that any proposed substitutions will not alter the intent of the design or its ability to comply with regulations. The Board of Directors authorized an additional $220,000 from the Sewer Construction Fund to the General Improvements Program of the 2003 -04 Capital Improvement Budget on September 18, 2003. This brings the total authorized budget to $360,000. The total project cost is estimated at $425,000 which is greater than the authorized budget. However, staff had evaluated the General Improvements Program and determined that there are adequate funds in the General Improvements Program to cover the additional cost of the project. The allocation of funds required to complete this project, as shown in Attachment 3, is $350,000. The CSOD Fuel System Modifications Project is included in the Fiscal Year 2003 -2004 Capital Improvement Budget on pages GI -33 through GI -35. The Project Manager has reviewed the expenditure requirements for this allocation and has determined that they are consistent with the Capital Improvement Budget and Plan. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15301 since it involves minor alterations to an existing public facility. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Authorize award of a construction contract in the amount of $304,673 for the CSOD Fuel System Modifications, DP 8201, to Paradiso Mechanical, Inc., the lowest responsive and responsible bidder. LAPosition Papers \8201 AwardParadiso.DOC Page 2 of 5 0 Y a. '�• use ;. y � ♦ t ,(i All � m VEHICLE LE MAMENANCE SHOP r• >% V . \i rcis�r /, 4-, e. ',� -, \`: ,r1,µ..• r •_,,�'"'w�,$. �/ — �I�P�'� �j'! / �;- .of"_ \ ♦ its' ♦ + ;c, 4., *'" \ i/ it Z � � :ate'– �"�= r"•-`�-- �-�- -' = ��` >:.x � � ..... - � .ter. �-• ^._, --;� r � �__ _ ,' ,'�...,- ..._ - - x•i __ c -_.cam - - „_ - � iL ur_e �; .. !: 1 '� Pan e+ I _.,.. 1 � : - � � - �4 ` \ . �. 1 ✓,: i .. r� . n �� lyiip i 1�; WAREHOUSE -- TEMPORARY A- 0 DAVS MW 0 lit bO i �. fit / i '•�Y 11 1 .e ri. O O i 1. AREA OF WORK r lit i `, NORTH E ` I! J, rte• u g CAMINO DIABLO s Central Contra Costa Attachment p sanitary District CSOD FUEL SYSTEMS MODIFICATIONS District Project 8201 1 " 1 Project Location Page 3 of 5 ATTACHMENT 2 CSOD FUEL SYSTEM MODIFICATIONS DISTRICT PROJECT NO. 8201 SUMMARY OF BIDS PROJECT NO.: 8201 DATE: OCTOBER 7. 2003 PROJECTS NAME: CSOD FUEL SYSTEM MODIFICATIONS LOCATION: WALNUT CREEK, CALIFORNIA ENGINEER EST.: $250,000 No BIDDER Name & address BID PRICE Paradiso Mechanical, Inc. P.O Box 1836 1 2600 Williams Street $304,673 San Leandro, CA 94577 AEI Consultants 2 2500 Camino Diablo $336,536.71 Walnut Creek, CA 94597 BIDS OPENED BY /s/ Diane Wagner DATE October 7, 2003 LAPosition Papers \8201 AwardParadiso.DOC Page 4 of 5 m 1 2 3 4 5 6 7 8 ATTACHMENT 3 CSOD FUEL SYSTEM MODIFICATIONS DISTRICT PROJECT NO. 8201 POST -BID / PRE - CONSTRUCTION ESTIMATE Item Description Amount CONSTRUCTION a. Construction Contract $304,673 b. Contingency at 10% $30,327 c. Permits $5,000 TOTAL CONSTRUCTION $340,000 CONSTRUCTION MANAGEMENT a. District Forces • Construction Management and Inspection $38,000 • Operations Department $2,000 SUBTOTAL $40,000 b. Consultants • Construction Support Services $10,000 • Material and Construction Testing $5,000 SUBTOTAL $15,000 TOTAL CONSTRUCTION MANAGEMENT $55,000 TOTAL CONSTRUCTION PHASE COST $395,000 TOTAL PREBID EXPENDITURES $30,000 TOTAL DESIGN AND CONSTRUCTION MANAGEMENT $85,000 COST TOTAL ESTIMATED PROJECT COST $425,000 FUNDS AUTHORIZED TO DATE $75,000 ADDITIONAL ALLOCATION NEEDED TO COMPLETE $350,000 PROJECT Percent of Estimated Construction Cost LAPosition Papers \8201 AwardParadiso.DOC Page 5 of 5 100% 12% 4% 16% 116% 9% 25% 125% Central Contra Costa San..ary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: October 16, 2003 No.: 8.a. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS Type of Action: ADOPT PURCHASING POLICIES subject: ADOPT PURCHASING POLICIES GOVERNING THE PROCUREMENT OF GOODS AND SERVICES FOR THE CENTRAL CONTRA COSTA SANITARY DISTRICT Submitted By: Randall Musgraves, Initiating Dept. /Div.: Administrative /Purchasing Director of Administration REVIEWED AND RECOMMENDED FOR BOARD ACTION. agner A. M raves Alm Char s W. Batts, General Manager ISSUE: California Government Code requires all public agencies to have a written procurement policy in place. A written procurement policy enables District staff to perform procurement activities in accordance with all applicable state and local laws and with the highest ethical standards of business conduct. Most of the District's existing procurement policy has not been comprehensively updated since 1988. Staff is requesting the Board to adopt the modified Purchasing Policies that direct the procurement of District goods and services. RECOMMENDATION: Adopt the Purchasing Policies. FINANCIAL IMPACTS: There are no financial impacts associated with this action. ALTERNATIVES /CONSIDERATIONS: The alternatives for the Board to consider are to continue with the current policies or to adopt the proposed policies. BACKGROUND: On March 3, 1983, the District Board of Directors adopted Chapter 2.36 PURCHASING AND MATERIALS POLICY of the District Code, attached. To carry out the intent of the Purchasing and Materials Policy adopted by the Board, a Purchasing Procedures Manual was developed setting forth standards, guidelines, and procedures for use by District staff. This manual has been modified through the years, although not comprehensively, to comply with changes in the law and District practices. In 1995 a Process Redesign Team, comprised of District staff from throughout the District, issued a final report on goods and services requisitioning at the District. One of the recommendations was to provide employees with updated Purchasing Policies and Procedures. Employees expressed a need for clarity and consistency regarding purchasing procedures and practices. The draft Purchasing Policies and Procedures Manual, provided to the Board under separate cover, is the culmination of that effort Page 1 of 10 POSITION PAPER Board Meeting Date: October 16, 2003 subject: ADOPT PURCHASING POLICIES GOVERNING THE PROCUREMENT OF GOODS AND SERVICES FOR THE CENTRAL CONTRA COSTA SANITARY DISTRICT and directly responds to the employees' request. In addition, a District Purchasing User Guide has been developed for use by employees. The draft Purchasing Policies and Procedures Manual is comprised of twenty -two chapters. Chapters Two through Nineteen and Chapter Twenty -two each begin with a policy statement, in addition to providing detailed information relating to each policy statement. Attachment II consolidates these policy statements into one document for easier review by the Board. The Manual provides information on requisitioning procedures, bidding requirements, procurement practices, and the receiving of goods and /or services for District use. The Policies and Procedures reflect the requirements of applicable state and local laws, as well as good business practices, and work to promote the cost - effective procurement of goods and services for the District. The intent of the Policies and Procedures is to provide District employees and others with clear and practical answers to the most commonly asked questions about the District Purchasing Policy approved by the Board and set forth in the District Code, by offering simple explanations of the most important purchasing concepts, in a manner that should be readily understood by non - purchasing personnel. The Policies and Procedures Manual will provide District employees with the informational tools they need to ensure success in their procurement efforts and will assist employees in understanding their responsibilities in the purchasing process by clearly specifying the procedures to be used in obtaining the materials, goods and services necessary to carry out their responsibilities to the communities and citizens the District serves. Once the Purchasing Policies are adopted by the Board, all District staff involved in procuring goods and services will be provided with training on the new procurement policies. Staff provided an overview of the Purchasing policies, procedures, and practices at the September 29, 2003 Budget and Finance Committee Meeting, and the October 2, 2003 Board Meeting. The Committee was not able to finish its review. The Board held this item over to the October 16, 2003 Board Meeting to allow the Committee to complete the review. Staff will provide a review of the Committee's proposed changes or recommendations and will be available to answer any questions the Board may have. RECOMMENDED BOARD ACTION: Adopt resolution adopting Central Contra Costa Sanitary District Purchasing Policies as set forth on Attachment II. Page 2 of 10 RESOLUTION NO. A RESOLUTION BY THE BOARD OF DIRECTORS TO ADOPT PURCHASING POLICIES WHEREAS, pursuant to Section 2.36.010(A) of the Central Contra Costa Sanitary District Code, "It is the Central Contra Costa Sanitary District's policy to perform procurement activities in conformance with all applicable laws and with the highest ethical standards of business conduct;" and, WHEREAS, pursuant to Section 2.36.010(B) of the Central Contra Costa Sanitary District Code, "The District's administrative department's purchasing and materials section will contract for purchase, rent or lease materials, supplies and equipment, and secure services for the District's use with the objective that such goods and services will be available at the proper time, in the proper place, in quantity, quality, and price so as to receive maximum value; and to maintain inventories of goods at minimum levels consistent with the user department's needs while allowing the maximum conservation of the District's funds;" and, WHEREAS, consistent with, and in order to implement, the District Code set forth above, the District has prepared and submitted to the Board of Directors a proposed Purchasing Policies and Procedures Manual; and WHEREAS, the Board of Directors has determined that it is in the best interest of the District and the many vendors, suppliers, consultants and contractors who do business with the District, for the Board to adopt the redrafted Purchasing Policies and approve the implementation of those Policies through use of the Procedures Manual, both dated October, 2003. NOW THEREFORE the Board of Directors does resolve as follows: 1. That the Board adopts the Purchasing Policies, dated October, 2003, submitted by the District staff effective immediately; and 2. That the Purchasing Policies shall be afforded with the full force and effect as all other policies adopted by the Board and said Policies shall remain in effect until further action of the Board; and 3. That the Board approves the use of the Procedures Manual to implement the Board's adopted Policies, and delegates to the General Manager the authority to modify the Procedures Manual, consistent with the Board's adopted Policies, in order to maintain the consistency of the Procedures with current law and to address changing operational needs; and Page 3 of 10 Resolution No. Resolution Adopting Purchasing Policies Page 2 of 2 4. That all previous purchasing policies and procedures of the District shall be superseded by the Purchasing Policies and Procedures Manual which are the subject of this Resolution and dated October, 2003. PASSED AND ADOPTED this 16th day of October 2003, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: President of the Board of Directors, Central Contra Costa Sanitary District County of Contra Costa, State of California Kenton L. Alm District Counsel Page 4 of 10 2.36.010 Attachment I Chapter 2.36 PURCHASING AND MATERIALS POLICY .q,- n- i n n s 2.36.010 Policy. 2.36.010 Policy. A. It is the Central Contra Costa Sanitary District's policy to perform procurement activities in conformance with all applicable laws and with the highest ethical standards of business conduct. B. The District's administrative department's purchas- ing and materials section will contract for purchase, rent or lease materials, supplies and equipment, and secure ser- vices for the District's use with the objective that such goods and services will be available at the proper time, in the proper place, in quantity, quality, and price so as to receive maximum value; and to maintain inventories of goods at minimum levels consistent with the user department's needs while allowing the maximum conservation of the Dis- trict's funds. Page 5 of 10 Attachment II Central Contra Costa Sanitary District Purchasing Policy Statements These Policy Statements are set forth in the Purchasing Policies and Procedures Manual presented to the Board for adoption at the October 2, 2003 Board of Directors meeting. This attachment consolidates the Purchasing Policy Statements into one document for easier review by the Board. Chapter Two — Ethical Considerations The Central Contra Costa Sanitary District Code Section 2.36.010A states: "It is the Central Contra Costa Sanitary District's policy to perform procurement activities in conformance with all applicable laws and with the highest ethical standards." Preservation of the District's reputation for the fair, honest and consistent treatment of suppliers can best be preserved if procurement is done solely on the merits of the transaction. All District personnel should conduct themselves in such a manner as to foster public and Board confidence in the integrity of the District's procurement operation. ha ter Three — AWrovals and Authornatrons All signature authority must be delegated in writing and approved by the Department Director, the District's Controller and the General Manager. Chapter Four— Introduction to Purchasina Procedures Procurements are not District obligations unless the procurements comply with the guidelines, procedures and policies approved by the Board of Directors. Chapter Five — Special Purchases and Procedures Various types of goods and materials require special processing or approvals. The District has established various processes and procedures to address the procurement of specialized goods, materials and services. Chapter Six - Recvc /ed Product Procurement It is the policy of the District to utilize recycled products and recyclable products when feasible, thereby diverting materials from the solid waste stream. Emphasis shall be placed on the purchase of products manufactured with post- consumer recycled material. Page 6 of 10 Chapter Seven — Vendor Relations and Vendor Performance It is essential that a professional, business -like relationship of mutual trust and confidence exist between the District and its vendors. The following concepts and processes are considered basic and fundamental to the District's vendor relationship policy: a. Vendors will be accorded prompt, courteous, fair and equal treatment. b. The District will not take advantage of vendor errors. c. Purchasing shall not make, nor be asked to make unreasonable or unnecessary demands on vendors. Chapter Eight — Fair and Open Competition The District requires that competitive pricing be secured for all contracts for goods or services greater than $3,500. This is done to ensure that the goods or services acquired by the District are at the lowest cost to the ratepayers. The foundation for effective fair and open competition is equal treatment of each vendor. Subject to the provisions of "Exemptions to Competitive Pricing" in this Chapter as well as Chapter Four — Introduction to Purchasing Procedures and Chapter Twelve — District Projects, no department shall draft, or cause to be drafted, any Request for Quotation, Invitation to Bid or Request for Proposal in such a manner as to limit the bidding, directly or indirectly, to any one bidder. As such, vendors will not be allowed to dictate the specifications and thereby limit the bidding to only their company's product. It is generally the District's policy that vendors or consultants who are paid to design part or all of a project, write product specifications, prepare bid or proposal documents, and /or evaluate bids or proposals, or the like, may not also participate as bidders or consultants to sell the District the subject product or service either directly or through business partners, associates or affiliates. The District reserves the right to waive this requirement when the following conditions are met: (1) it is in the best interest of the District to do so (2) District Counsel has been consulted and (3) full disclosure is made to the District's General Manager. It is imperative that no vendor is given an advantage over the others. Therefore, vendor offers will be kept confidential during the quotation or bidding process. A vendor is not entitled to know the bids of the competitors so he /she can undersell the competition. Cha ter Nine - S ecWtcadon Develo ment All specifications shall seek to promote overall economy and functionality for the purposes intended and to encourage competition in satisfying the District's needs and shall not be unduly restrictive or luxurious. In order that the District receive the best quality of goods and services at the most advantageous price, the Purchasing Division will not issue bids for any article of a Page 7 of 10 specific brand, nor any patented apparatus or appliance, when such requirements would prevent competition on the part of dealers or manufacturers of other articles of equal value, utility or merit. This means simply that Purchasing will not exclude competition by insisting on a particular manufacturer's product when other products of equal quality and functionality are available. This policy does not apply to those items upon which the District has standardized, for those items of a proprietary nature or for those times when it is deemed necessary or critical to match existing items. If a specific product is required, the requisitioning department must justify in writing to the Purchasing Manager, that the product desired has significant features that are lacking in other goods or services marketed by competitors. Purchasing will not procure a brand or model that differs from that specified by the requisitioning department unless the department agrees that an "equal" unit is satisfactory. However, if it is not satisfactory, the requisitioning department must clearly state why it is not and may be asked to justify the rejection in writing. Note: Specirications and drawings developed for a District construction project must be stamped by a registered engineer licensed to work in that particular field. Chanter Ten — Scope of Work Devefoprnent It is the District's policy that clear, complete and to enable District consultants to understand personnel in the administration of the agreement. Chapter Eleven - Quotations logical Scopes of Work are developed the District's needs and aid District It is the District's policy to seek two quotes, as possible, when the value of the goods, services, materials, equipment and supplies is estimated to be between $3,501 and $15,000. The quotes shall be obtained in writing, by fax, or e-mail or from a reliable price list. Three quotes, as possible, will be obtained when the value of the goods, services, materials, equipment and supplies is estimated to be greater than $15,000. The quotes shall be in writing. (This policy does not apply to District Projects. The policy for District Projects, is found in Chapter Twelve of this manual). Chapter Twelve — District Proiecis District Projects of $15,000 or less do not require that a formal sealed bid process be initiated. However, a minimum of two written quotes will be obtained when the estimated value of the procurement is greater than $3,500. In accordance with the California Public Contract Code, District Projects with a value greater than $15,000 require that a formal sealed bid process be initiated. Any District Project that includes consultant - provided labor requires that the prevailing rate of per diem wages be paid for work valued at more than $1,000. Page 8 of 10 Chapter Thirteen — Request~ for Proposals It is the District's policy to obtain the best available materials goods, equipment and specialized services for the ratepayer's money and to conduct a fair and equitable selection process that complies with Federal, State and local laws and regulations. Cha ter Fourteen — Consultant Selection It is the District's policy to obtain the best available professional services for the ratepayer's money and to conduct a fair and equitable selection process that complies with Federal, State and local laws and regulations. Chapter Meen — Contract and A,a reement Development Proper and adequate development of contracts and agreements is essential to protecting the interests of the District. Chapter Sixteen — Contract Administration Project Managers have the responsibility for ensuring that contract requirements are being met in a way that supports the best interests of the District. Chapter Seventeen — Insurance and Bonds Vendors, contractors and consultants providing services, materials or construction to the District are required to indemnify and defend the District for claims arising from their performance of the contract and supply proof of insurance coverage, at or greater than District standards, to the District. The proof the District requires is usually in the form of certificates of coverage and endorsements as provided by the contractor's insurance broker and /or carrier. All insurance requirements made of the contractor must appear in the contract, and in the case of a competitive bid, they should also be included in the Invitation to Bid or Request for Proposal. Chapter Eighteen — Cost Control Methods It is the District's policy that departments plan their purchases, issue non - restrictive specifications and encourage competition in an effort to control costs to the District. Chapter Nineteen — Receiviao Procedures Goods, supplies, equipment and materials purchased by the District are to be shipped to the Materials Services Building (MSB) located at the Treatment Plant in Martinez, the Household Hazardous Waste Collection Facility in Martinez or to the Collection System Operations Division (CSOD) in Walnut Creek. Page 9 of 10 Chapter Twenty — Peywnt Procedures Invoices for goods, services, materials and equipment procured by the District will be processed in such a manner and time as to maximize discount terms. District employees authorized to approve invoices for payment are responsible for auditing the invoice to insure that the District has been invoiced properly. Chapter Twenty- Two — Surplus EQuipment Disposition of surplus District property will be accomplished through the Purchasing Division. Property will be disposed of by the following methods: a. Make available to other departments b. Trade -in on new equipment. c. Sale at public auction. d. Sale by sealed bids. e. Junking (using as spare parts). f. Sale as scrap. g. Donation to non - profit organization. Page 10 of 10 A O rr (D r 01 N O O W 0 • r t look 00 ml n Ci) N O POO N O O W i 0 0 n v v O N Z O FL m 0 N N (D O CD P* o' mn F CL — to @ to O r* _ A \ @ n, �■ O 0 (D AM mm IMMIN _ U, @_� �; O '•i. 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ALM AND MEYERS, NAVE, RIBACK, SILVER & WILSON FOR THE PERIOD FROM OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2007 AND AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT Submitted By: Randall Musgraves, Initiating Dept. /Div.: Administrative /Risk Director of Administration Management REVIEWED AND RECOMMENDED FOR BOARD ACTION: M raves P Charles w. Batts, General Manager ISSUE: The contract renewal for legal services with Kenton L. Alm and Meyers, Nave, Riback, Silver & Wilson requires approval by the Board of Directors. The term of the contract is for four years (October 1, 2003 through September 30, 2007) with an ability to extend an additional two years. RECOMMENDATION: Approve the contract with Kenton L. Alm and Meyers, Nave, Riback, Silver & Wilson for legal services and authorize the Board President to execute the contract. FINANCIAL IMPACTS: The negotiated rates represent an approximate two and one - half percent increase. This may be offset by the reduction of the retainer rate. Future rate increases are proposed to equal future Consumer Price Index changes. ALTERNATIVES /CONSIDERATIONS: The Board could elect not to renew the contract for legal services, although this is not recommended. BACKGROUND: The District has been receiving general legal services and Counsel for the District services from Mr. Kenton L. Alm since 1985 by a contractual arrangement. The term of the contract renewal is for four years (October 1, 2003 through September 30, 2007) with an ability to extend an additional two years (a total of six years). The contract renewal is similar in terms to the recently negotiated employee contracts. The District's current contract with Kenton L. Alm and Meyers, Nave, Riback, Silver & Wilson for legal services expired September 30, 2003. A slight delay in processing the contract was experienced due to the recent change in law firms. The proposed contract renewal is very similar to the current contract. Hourly rates are modified to reflect increased costs for service delivery and to be consistent with the new law firm's Page 1 of 3 POSITION PAPER Board Meeting Date: October 2, 2003 subject: CONSIDER RENEWAL OF CONTRACT FOR LEGAL SERVICES WITH KENTON L. ALM AND MEYERS, NAVE, RIBACK, SILVER & WILSON FOR THE PERIOD FROM OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2007 AND AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT rates. A slight increase of approximately two and one -half percent is reflected for the Senior Principal, Mr. Alm. Other hourly rates were increased or decreased based upon Meyers, Nave, Riback, Silver & Wilson rates. The retainer rate was decreased approximately seven percent, with total hours increasing from forty hours to fifty -six hours per month. The increase in hours is anticipated to be offset by the decrease in the retainer hourly rate, blended rate, and the shift of directly billed activities to the retainer. The Blended Rate represents an average rate for the most commonly used attorneys providing District legal services. Staff anticipates the same cost or a small increase in total cost for the same level of service next year. This assumes the same level of claims and litigation experienced over the past two years. Litigation expenses are difficult to predict and control. RECOMMENDED BOARD ACTION: Approve the contract with Kenton L. Alm and Meyers, Nave, Riback, Silver & Wilson for legal services and authorize the Board President to execute the contract. Page 2 of 3 Kenton L. Alm and Meyers, Nave, Riback, Silver & Wilson Legal Services Hourly Rates October 2003 Page 3 of 3 Cur. rent:...:.;:::;'.: Proposed :: m ±0 Anson; Con. tract ..oitra.ct.. °l�:;ha....._..g. Rates: Sr. Principal (K. Alm) $236 $242 2.54% Principal $196 $200 2.04% Sr. Associate $180 $185 2.78% Jr. Associate $172 $175 1.74% Law Clerk $153 $125 - 18.30% Paralegal $95 $100 5.26% Blended Hourly Rate /Retainer $226 $210 -7.08% Years 1 and 2 (2004 & 2005) - Rates adjusted by CPI (2% floor and 5% ceiling) Years 3 on (2006, 2007, 2008, 2009) — Rates adjusted by CPI (2% floor and 6% ceiling) Administrative costs 3% 3% 0.00% Page 3 of 3 Central Contra Costa Sani.ary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: October 16, 2003 No.: 14.a. BUDGET AND FINANCE Type of Action: BUDGET & FINANCE Subject: ADOPT AMENDED AND RESTATED SECTION 125 CAFETERIA PLAN DOCUMENTS TO MEET NEW CHANGES IN INTERNAL REVENUE SERVICE CODE Submitted By: Debbie Ratcliff, Controller Initiating Dept /Div.: Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Ratc' O u raves General ISSUE: Board approval is required to adopt amendments to the District's Cafeteria Plan documents. RECOMMENDATION: It is recommended that the Board adopt the amendments to the District's Cafeteria Plan documents to meet new Internal Revenue Service Code (IRS) requirements. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: If the amendments were not approved by the Board, the District's Cafeteria Plan would be in violation of the IRS Code. BACKGROUND: Per the existing Memoranda of Understanding, the three employee groups receive a fixed amount each month to spend on a variety of benefit options offered in the Cafeteria Plan. This Cafeteria Plan is governed by Section 125 of the Internal Revenue Service Code (IRS). The Plan allows employees the option of spending their monthly benefit allowance on a variety of taxable and non - taxable benefits. The law firm of Trucker -Huss, who specializes in benefit law, has been asked to review the Cafeteria Plan documents annually to ensure compliance with any changes in IRS Code. The Internal Revenue Service has issued new regulations which become effective with this amendment to the Plan Document. The last revision to the Cafeteria Plan document was effective January 1, 2003. The IRS recently issued Revenue Ruling 2003 -102 which allows a Health Flexible Spending Account (a Component Plan of the District's Section 125 Cafeteria Plan) to reimburse participants for expenses incurred for eligible non - prescription medicines and drugs, subject to certain limitations. In the past, only medicines prescribed by a physician were allowed. Based on this new ruling, Amendment #1 to the Health S:\ ADMIN\ POSPAPER\ AdoptAmendedCafePlan .10.16.03.doc Page 1 of 2 f POSITION PAPER Board Meeting Date: October 16, 2003 subject ADOPT AMENDED AND RESTATED SECTION 125 CAFETERIA PLAN DOCUMENTS TO MEET NEW CHANGES IN INTERNAL REVENUE SERVICE CODE Flexible Spending Arrangement Plan has been added. Language has been added to the Summary Plan Description to include non - prescription drugs. Also, language has been added to reflect the additional fifty dollars ($50) that was negotiated effective January 1, 2004. At least $50 of the District's contribution must be applied toward a benefit option other than cash. A copy of the District's amended Summary Plan Description and the amendment to the Health Flexible Spending Arrangement have been provided to the Board under separate cover. RECOMMENDED BOARD ACTION: It is recommended that the Board adopt the amendments to the District's Cafeteria Plan documents to meet new Internal Revenue Service Code requirements. S: \ADMIN\POSPAPERW doptAmendedCafePlan .10.16.03.doc Page 2 Of 2 Central Contra Costa San._+ary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: October 16, 2003 No.: 14.b. BUDGET AND FINANCE Type of Action: AUTHORIZE AMENDMENT subject: AUTHORIZE AMENDMENT TO THE FICA - SUBSTITUTE DEFERRED COMPENSATION PLAN AGREEMENT WITH NATIONAL DEFERRED Submitted By: Initiating Dept /Div.: Debbie Ratcliff, Controller Budget & Finance REVIEWED AND RECOMMENDED FOR BOARD ACTION. D. Ratclifv V . Mu raves General ISSUE: Board authorization is needed to amend the FICA - Substitute Deferred Compensation Plan Agreement with National Deferred. RECOMMENDATION: Approve the amendment (attached) to the FICA - Substitute Deferred Compensation Plan Agreement with National Deferred adding the Nationwide Fixed Contract as an additional investment option. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: The Board could choose not to amend the existing agreement. BACKGROUND: On April 10, 1991, the Department of the Treasury and the Internal Revenue Service (IRS) released proposed regulations under a new law that mandated participation in the Social Security System for public sector employees who were not members of a retirement system. Part-time, temporary, and seasonal employees who were not participating in a retirement system made available through their employers had to be covered under the Social Security System or other retirement plan. The regulations took effect after July 1, 1991. Temporary, part-time and seasonal employees, and participants in the Trainee Program and Student Co -op Program employed by the District, who were not included in either the District's retirement system or Deferred Compensation Plan, were subject to the new requirement. As participation in a Section 457 Deferred Compensation Plan, in which at least 7.5 percent of compensation is paid into the employee's account by the employee and /or employer, would meet the requirement for membership in a retirement system, a separate Deferred Compensation Plan was established with what was then Great Western Bank as administrator. National Deferred now administers the plan. S:\ADMI N \POSPAPE R \PP.AuthAmend.10.16.03. docP Page 1 of 3 POSITION PAPER Board Meeting Date: October 16, 2003 subject. AUTHORIZE AMENDMENT TO THE FICA - SUBSTITUTE DEFERRED COMPENSATION PLAN AGREEMENT WITH NATIONAL DEFERRED All Board members and presently employed part -time, seasonal, temporary, trainee, and Co -op Program employees who are subject to this IRS requirement, participate in the separate Deferred Compensation Plan in which contributions must meet the minimum 7.5 percent requirement. The Plan Document in the past allowed only one investment option, the Great Western Bank Liquid Account. This is a fixed account which is currently earning .07 %. One other account offered by National Deferred meets the Internal Revenue Code (IRS) requirements for FICA - Substitute Deferred Compensation Plans, the Nationwide Fixed Account. This account is currently earning over 4 %. RECOMMENDED BOARD ACTION: Approve the amendment to the FICA - Substitute Deferred Compensation Plan Agreement with National Deferred adding the Nationwide Fixed Contract as an additional investment option. Page 2 of 3 S:\ADMIN\POSPAPER\PP.AuthAmend.10.16.03.doc AMENDMENT TO FICA - SUBSTITUTE DEFERRED COMPENSATION PLAN AGREEMENT This Amendment is hereby incorporated by reference to become part of the FICA - Substitute Deferred Compensation Plan Agreement to add the Nationwide Group Fixed Fund Retirement Contract APO - 6273 -5 investment option effective October 17, 2003. 4. INVESTMENT: Nationwide Retirement Solutions, Inc. (Nationwide) agrees to accept deferred compensation plan funds for investment in the Great Western Bank Liquid Account (GWBLA) and the Nationwide Group Fixed Fund Retirement Contract APO - 6273 -5 (Nationwide Fixed Contract). With respect to the GWBLA account: (a) The rate /yield on the GWBLA account will be a variable rate, which may change as often as daily. (b) All participants with funds invested in the GWBLA, whether they are active, inactive, or in distribution, will earn interest at a rate /yield that is subject to change daily. (c) Interest earnings will accrue daily commencing on the date the funds are posted (as defined below) to the Participant's account by Great Western. Interest earnings will be credited monthly on the last day of the month, and will be automatically reinvested to allow for monthly compounding. The 365/360 day method will be used. (d) Each such account shall be subject to rules, regulations, and statues to which Great Western is subject. (e) Plan funds invested in the GWBLA are backed by the full faith and credit of the U.S. Government and are also insured by the Federal Deposit Insurance Corporation, an agency of the Federal Government, up to $100,000 per participant. Great Western will collateralize any amounts invested in the GWBLA in excess of FDIC insurance limits, if required, in accordance with applicable law. With respect to the Nationwide Fixed Contract: (a) The Nationwide Fixed Contract is hereby added as an investment option to the FICA - Substitute Deferred Compensation Plan Agreement. (b) Each Participant may select either the GWBLA investment option or the Nationwide Fixed Contract investment option. In the event that the Participant fails to make an election of an investment option, any and all deferrals or contributions that are credited to the Participant's account will be invested in the Nationwide Fixed Contract. Plan: Central Contra Costa Sanitary District Deferred Compensation Plan L17 Title: President of the Board of Directors Date: Page 3 of 3 Central Contra Costa San._ary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: October 16, 2003 NO-: 14.c. BUDGET AND FINANCE Type of Action: RECEIVE AUDITED FINANCIAL STATEMENTS Subject: RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2003 Submitted By: Debbie Ratcliff, Controller Initiating Dept /Div.: Administrative /Financing REVIEWED AND RECOMMENDED FOR BOARD ACTION. �/ aAdx�v Charted W. Batts, General Manaqer ISSUE: The audited financial statements of the Central Contra Costa Sanitary District for the Fiscal Year ended June 30, 2003 are being submitted to the Board of Directors. RECOMMENDATION: Receive the audited financial statements for the Fiscal Year ended June 30, 2003. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: None BACKGROUND: The firm of Vavrinek, Trine, Day & Co., Certified Public Accountants, has completed its examination of the District's financial statements for the Fiscal Year ended June 30, 2003, and has submitted the audited financial statements and auditor's opinion thereon. In the routine performance of their examination of the financial statements, the auditors evaluate the District's internal accounting controls to determine the nature and extent of the auditing procedures required. Based on their observations during the course of the examination, the auditors routinely advise District management of any recommenda- tions to improve the system of internal accounting controls. There were no recommendations for improvements this year. The audited financial statements were reviewed in detail at a Budget and Finance Committee meeting on September 29, 2003. No changes to the audited financial statements were recommended. A copy of the audited financial statements has been received by the Board under separate cover. S:\ ADMIN\ RATCLIFF\ PP .AuditedFinclStmts.10.16.03.doc Page 1 of 2 POSITION PAPER Board Meeting Date: October 16, 2003 Subject RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2003 In accordance with Government Code Section 53891, information from the audit will be used to prepare a report to the State Controller's office. The report will be sent by the annual deadline of October 30, 2003. RECOMMENDED BOARD ACTION: Receive the audited financial statements for the Fiscal Year ended June 30, 2003. S:\ ADMIN\ RATCLIFF\ PP .AuditedFinclStmts.10.16.03.doc Page 2 of 2 0 Fn r-+., M. 0 r-1- 1� r-+., MMI mo O rt C. 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