HomeMy WebLinkAbout12/4/2003 AGENDA BACKUPCentral Contra Costa Sankdry District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 4, 2003 No.: 3.a. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION; ACCEPT PUBLIC SEWER IMPROVEMENTS AND EASEMENTS subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION 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) Submitted By: Initiating Dept /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ullin J. Miyamoto -Mills C. Swanson A. Farrell Charles-. t , General M ager ISSUE: A resolution of the Board of Directors is required to accept public sewer improvements and offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication, and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement shown on the recorded final map of Subdivision No. 8029 that is required for a recent public sewer extension in Guess Court in the unincorporated area of Alamo (as shown on Attachment 1). The final subdivision map has been reviewed and the public sewer improvements have been inspected by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job No. 5350, public sewer improvements, and an offer of dedication from Sherman Ranch LLC for an easement shown on the recorded final map of Subdivision No. 8029 in the unincorporated area of Alamo (Job No. 5350, Parcel 2), and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. Page 1 of 2 LIAPosition Papers\ Resol- MM \PPAcceptSubMap8029.doc n V n V SFE STONE LOGTION� V RD <0� N DANVILLE r LOCATION MAP ul N.T.S. U w CgRM T r LIq 0 C -A',, LEGEND: $ NEW SEWER —e-- EXISTING SEWER EASEMENT AREA SUB BOUNDARY Central Contra Costa Sanitary District SERA--- - -- -�� SU= / T / i i 0 - r / r r / N o 100 FEET Attachment ACCEPTANCE OF EASEMENT DEDICATION SUB 8029, JOB 5350 - PARCEL 2 7 Page 2 of 2 Central Contra Costa Sanitary District December 4, 2003 TO: THE HONORABLE BOARD OF DIRECTO S VIA: CHARLES W. BATTS, GENERAL MA ANN FARRELL, DIRECTOR OF ENGI E CURT SWANSON, ENVIRONMENTAL S VICES DIVISION MANAGER 6w� ,v FROM: JARRED MIYAMOTO- MILLS, PRINCIPAL ENGINEER t,QO3 SUBJECT: REVISED POSITION PAPER ATTACHMENT FOR ITEM 3a. CONSENT CALENDAR — ACCEPTANCE OF EASEMENT (SUBDIVISION 8029; JOB 5350 — PARCEL 2) "Attachment 1" to the Position Paper for acceptance of easements offered for dedication on the recorded map of subdivision 8029 that was included in the agenda packet for today's meeting (Item 3a. Consent Calendar) did not show all of the easement area offered on the map and needed for the District's operation and maintenance of Job 5350 public sewers. The subject revised attachment shows all of the easement area staff recommends that the Board accept under this agenda item. JM2: mbs Attachment cc: Joyce Murphy TAAdmin\Miyamoto- MiIIs\Rea1 Property\Revised PP Attach 12- 04- 2003.doc SftE 5fONE LOCATION o LEGEND: °n o —E- NEW SEWER —�- EXISTING SEWER n y EASEMENT AREA a N SUB BOUNDARY Central Contra Costa Sanitary District 1 SERAFIX - -- usul-TRI E7 N 0 100 1 1 FEET Attachment ACCEPTANCE OF EASEMENT DEDICATION SUB 8029, JOB 5350 - PARCEL 2 Rev. 12-03-03 3.a. CONSENT CALENDAR SITE — STONE LOGTION RD LEGEND: $ NEW SEWER —�- EXISTING SEWER EASEMENT AREA SUB BOUNDARY Central Contra Costa Sanitary District M O 0 U W O 0 S ERAFIX N \ ► ► J `�� ►` �` �� 0 / 100 1 1 FEET Attachment ACCEPTANCE OF EASEMENT DEDICATION SUB 8029, JOB 5350 - PARCEL 2 Rev.12 -03-03 3.a. CONSENT CALENDAR Central Contra Costa Sanftary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 4, 2003 No.: 3.b. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION; ACCEPT PUBLIC SEWER IMPROVEMENTS AND EASEMENTS subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FROM TERRANCE E. HOWLAND AND LISA BETH HOWLAND FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF MINOR SUBDIVISION NO. 855 -97 IN THE TOWN OF DANVILLE (JOB 5344, PARCEL 2) Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ` Y -- 24 12�n_M. Mullin J. Miyamoto -Mills C. Swanson A. Farrell General ISSUE: A resolution of the Board of Directors is required to accept public sewer improvements and offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication, and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement shown on the recorded final map of Minor Subdivision No. 855 -97 that is required for a recent public sewer extension off Culet Ranch Road in the Town of Danville (as shown on Attachment 1). The final subdivision map has been reviewed and the public sewer improvements have been inspected by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job No. 5344, public sewer improvements, and an offer of dedication from Terrance E. Howland and Lisa Beth Howland for an easement shown on the recorded final map of Minor Subdivision No. 855 -97 in the Town of Danville (Job No. 5344, Parcel 2), and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. UAPosition Papers\ Resol- MM \PPAcceptSubMapMS855- 97.doc Page 1 of 2 A M S Q 7NT 77— SAN RAMON N LOCATION MAP N.T.S. zu DR WE iocnnoN� I Q I ° ° I � I U I ----------------- ----------- CULET RANCH DR SU rZ v r LEGEND: N ° —) NEW SEWER 0 a —e-- EXISTING SEWER EASEMENT AREA 0 120 € FEET SUB BOUNDARY u a N x Central Contra Costa Attachment Sanitary District ACCEPTANCE OF EASEMENT DEDICATION MS 855 -97, JOB 5344 - PARCEL 2 1 V Page 2 of 2 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 4, 2003 No.: 3.c. CONSENT CALENDAR Type ofAction: ACCEPT GRANTS OF EASEMENT AND AUTHORIZE RECORDING Subject ADOPT RESOLUTIONS ACCEPTING PUBLIC SEWER IMPROVEMENTS AND GRANTS OF EASEMENT WITHIN THE ROSSMOOR DEVELOPMENT, PHASE 8, DP 5638 Submitted By: David Baldi, Senior Initiating Dept /Div.: Engineering /Capital Projects Engineering Assistant REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Baldi ,�L� Oh T. Rfecki W. Brennan A. General ISSUE: Board of Directors action is required to transfer existing sanitary sewers from the privately maintained Rossmoor system to the District's public sewer system. RECOMMENDATION: Authorize the President of the District's Board of Directors and the Secretary of the District to accept Grants of Easement for District Project No. 1001, Parcels 139, 150, 151, 152, 153, 154, 155, 156, 157, and 158, and authorize the Grants of Easements be recorded. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Not Applicable. Filing the easement documents is part of the agreement between the District and Rossmoor. BACKGROUND: The agreement between Rossmoor and the Central Contra Costa Sanitary District (CCCSD) provides for the improvement and transfer of portions of the Rossmoor sanitary sewer system to CCCSD. The agreement formalizes a process by which sewers with diameters of six (6) inches and greater would become publicly maintained. To date, eight (8) phases of this project have been completed. The easements being submitted represent those sewer lines that have been completed under Phase 8 work. The parcel designations and grantors of the easements that are being accepted now can be found in the following table: PARCEL GRANTOR 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 (:\Construction \Position Papers\2003 \BaldiPPDP5638.doc Page 1 of 18 POSITION PAPER Board Meeting Date: December 4, 2003 sub /eat:: ADOPT RESOLUTIONS ACCEPTING PUBLIC SEWER IMPROVEMENTS AND GRANTS OF EASEMENT WITHIN THE ROSSMOOR DEVELOPMENT, PHASE 8, DP 5638 154 Second Walnut Creek Mutual 155 Second Walnut Creek Mutual 156 Second Walnut Creek Mutual 157 First Walnut Creek Mutual 158 Golden Rain Foundation Once the easements are accepted by the Board of Directors, staff will record them. The sewers within the easements will become part of CCCSD's public sewer system upon the Board's action. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 18.6, since it involves a minor alteration in land use limitations. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Authorize the President of the Board of Directors to accept Grants of Easements for Rossmoor Development Project, Phase 8, District Project No. 1001, Parcels 139, 150, 151, 152, 153, 154, 155, 156, 157, and 158, and authorize the grants be recorded. I: \Construction \Position Papers\2003 \BaIdiPPDP5638.doc Page 2 of 18 Page 3 of 18 x Central Contra Costa Sanitary District EASEMENT LOCATION MAP Exhibit ROSSMOOR SEWER IMPROVEMENT PROJECT B PHASE 8 Page 3 of 18 O Page 4 of 18 CENTRAL CON71RY DISTRICT J, SEWER . ...... ... RIGHT 0. . .......... .... DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: SDC D8 77A1/77A2 1001 SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: 111-100, 9-23-03 189-170-010 139A, B, C EX. M, 1' 300 '_ 7' �DOLIAR D .. R ............................... M2 ST ............ ......... -3 M ................... ............ m ...... . .... ........ ........... ........... . .......... MUTUAL 10 ........... .......... 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NO.: PARCEL NO.: 111-100, 9-23-03 189-170-010 139A, B, C a 0 N_ U a O 0 O EXH'1 4 �� Page 5 of 18 CENTRAL CON7 i Y DISTRICT RIGHT 4 »»>1 :: .: ... :... �a.r SEWER .`•QQQ` S� �U 9 Z -�- DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: SDC D 77A1 1001 SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: 1" -100' 9 -23 -03 189 - 170-003 150A, B rn O O O O --, CENTRAL RIGHT C DMMICT Page 6 of 18 - SEWER DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: 0 0 SDC D8 72E7 1001 SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: V) 111-100' 9-23-03 189-160-003 151 i t, CENTRAL RIGHT C ARY DISTRICT Page 7 of 18 SEWER PARCEL 21 30 LSM 18 MUT 5 O .......... .................... Z oa O O INSET "A" N.T.S. SEE INSET "A" , DRAWN BY: CHECKED BY: ........... JOB NO.: 0 SDC D8 75A6 1001 0 SCALE: Ile DATE: CO. ASSMT. NO.: PARCEL NO.: m > 189-140-003 152 10, , CNN \ .., ............... \ \ > .......... .................... Z oa O O INSET "A" N.T.S. SEE INSET "A" , DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: 0 SDC D8 75A6 1001 0 SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: 1l'-200' 10-01-03 189-140-003 152 .............. EXH.1 Page CENTRAL CONTRQ!, ARY D�TRICT 8 of 18 RIGHT Qtr :, `fQ SEWER �i`±�."„ N jEX. M1 ..... I€ 8153 -- :. .......... ....... , :. 1 1 R.I. I 1 @I I I ,...... : I '�/ �• JJ3 - -J ........................ > LOT 1 z SUB 4348 MUT 32 0 v �.•� a �- \ ••..... T � � n_ .. .. .�\ ... .. - .. .. ao DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: N SDC DB 77A1 1001 SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: ti N r -100' 9 -23 -03 189-340 -020 153 CENTRAL RIGHT C i � ........ . ..... ... . ..... . .......... . ............... PARCEL 34 46 LSM 37 MUT 14 DISTRICT Page 9 of 18 - SEWER ........................... .............. ................ ............. .......... ............... ........................... ............... ................... ................ A.......... ................ .......... ................... ............ ........... es, ............... • .................. . ................ - I.F . .......... ..... ............... '7- ........... - -:�/ - k ? .. .............. .................. .................................... ............................. DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: SDC DB 77A2/77132 1001 SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: 111-100, 9-22-03 189-180-005 154 . % ............... • .................. . ................ - I.F . .......... ..... ............... '7- ........... - -:�/ - k ? .. .............. .................. .................................... ............................. DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: SDC DB 77A2/77132 1001 SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: 111-100, 9-22-03 189-180-005 154 0 c 0 0 0 CENTRAL RIGHT C R PANGS \ `\\ "' PARCEL 9 2e\\LSM 36 NUT 2 % is l' C) VN "Alk % \% DISTRICT Page 10 of 18 - SEWER 0 0� 9, .......... ............ ......................... . .N•.. ...... .............. �2 DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NC:).: SDC DB 77A1 1001 SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: 111-100, 9-23-03 189-170-001 155 O O O O EXH-11,- Page 11 of 18 CENTRAL CQNf .4. Y DISTRICT RIGHT 0-.''- SEWER DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: SDC DB 77A1 1001 SCALE: DATE: CO. ASSMIT. NO.: PARCEL NO.: 111-100, 9-23-03 189-170-003 156 CENTRAL RIGHT C DISTRICT Page 12 of 18 - SEWER i i i N ........ .... . .... . ....... UPPER GOLDEN 33 pM 40 T 6 ............................................ ................. ............................ ............. �Z- ]7., INSET ..................... 7 77 .......... j wA ...................... . ..................... .......... .......... ........................ MmuiumunmunnmuUm9iiiNUmnniumuuun .................... . . . . . . . . . . ........... .............. 5; ;Pmiuunuippj�' '00000000 .................................... ............ ........................... ........... ........... .......... N .. .............................................. . ................ ............ .......... .................. I------ ............................ M2 ........... .................... PARCEL 25 Cyr,' 33 PM 401 MUT 6 0 57 M8 30 LSIW 18 ....................... . ..................... ............ .................. INSET W N.T.S. DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: SDC DB 72E5 1001 c� 'o SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: 0 v-2001 10-01-03 189-140-008 157 0 0 E) .H.I Page 13 of 18 CENTRAL CqNT ARY DffTRICT RIGHT 0.. for SEWER . v/ lVl y DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: 0 0 SDC DB 72e7 1001 SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: V-1001 9-23-03 189-150-007 158A EX* H-1 Page 14 of 18 CENTRAL CONf' Y DISTRICT RIGHT 0.. . . . . . . . . . . . . . . . SEW ER I 52 77 DRAWN BY: CHECKED BY. THOMAS BRO.: JOB NO.: 0 SDC D8 72E5 1001 T 'I SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: V, 111-100' 9-23-03 189-170 158B J EX. M1 EXM:� Page 15 of 18 CENTRAL CON7 !. ARY DISTRICT RIGHT O „��»>� SEWER % \ O T 0 N DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: N SDC DB 77A1 1001 W SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: M 1” -100' 9 -23 -03 189 -170 158C N EXH-101: Page 16 of 18 CENTRAL CONT1RY DISTRICT RIGHT 0...'' :? �Q.r SEWER IRV. S EX. M 158E Ick,O EX. M 0 O 0 0 0 N N z� i i \R 1 I� EX. M�� co n DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: 0 SDC DB 77A1 1001 w SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: N 1" -100' 9 -23 -03 189 -170 158D, E EXH-1911--- Page 17 of 18 CENTRAL CON fRl CRY DISTRICT . .. ......... lor SEWER RIGHT 0: ............................ 3W 158E ................. 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NO.: PARCEL NO.: 111-100, 9-23-03 189-170 158F,G - v I CENTRAL RIGHT C DISTRICT Page 18 of 18 - SEWER i � .............. ....... .... ............ ...... .. ........... ........... . . ........ ................ fZ ............ . . .......... . .. . .......... ... ... .. ...... ............... .............. ................. ............ ............ ..... ........... A ............. ............ ............ ... .......... ............ ................ < . % PARCEL 34 46 LbM 31 . .......... M UT 14 J . . ....... ; ........... ..................................................... DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: SDC DB 77A2/77132 1001 SCALE: DATE: CO. ASSMT. NO.: PARCEL NO.: r-100, 9-23-03 189-180 158H - Central Contra Costa San vary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 4, 2003 Type of Action: APPROVE PROJECT No.: 3.d. CONSENT CALENDAR subject: APPROVE PLEASANT HILL ROAD EAST SEWER IMPROVEMENTS, DISTRICT PROJECT 5553, FOR CEQA/PERMITTING PURPOSES Submitted By: Alex Rozul Initiating Dept /Div.: Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: ajz. W �w A. Rozul W. Brennan A. Farrell General ISSUE: Board approval of the Pleasant Hill Road East Sewer Improvements, District Project 5553, is required prior to the filing of a Notice of Exception under the District's California Environmental Quality Act (CEQA) Guidelines. RECOMMENDATION: Approve the Pleasant Hill Road East Sewer Improvements, District Project 5553. FINANCIAL IMPACTS: The total project cost is anticipated to be $2,300,000; however, this position paper only approves the project for CEQA/Permitting and does not award a construction contract. ALTERNATIVES /CONSIDERATIONS: The Board of Directors may delay or decline to approve the project. If this improvement is not constructed, the condition of these sewers will continue to decline and may result in structural failure or sewer overflows. BACKGROUND: The District's Collection System Master Plan Update of March 2000 identified sewers with capacity deficiencies and assigned priorities to these lines for capital improvements. Sewers categorized as Priority 1 were the most severely under - capacity. The Pleasant Hill Road East Sewer Improvements Project will replace approximately 6,000 feet of 6- through 10 -inch sewers identified as Priority 1 in Martinez with appropriately sized sewers. The alignment corridor includes Smith Drive, Alhambra Avenue at Forrest Way, Pleasant Hill Road East to Brackman Lane, and Brackman Lane to the Highway 4 onramp at Alhambra Avenue. An alternative alignment includes obtaining an easement from the Burlington Northern -Santa Fe Railway and placing the sewer in the easement instead of in Brackman Lane (see Attachment 1). The Board normally considers approval of a project and direction to file a Notice of Exemption at the time of award of a construction contract. New permitting requirements from agencies such as the State Department of Fish and Game require that completed LAPosition Papers \Rozul \5553ApproveProj.doc Page 1 of 3 11/24/2003 POSITION PAPER Board Meeting Date: December 4, 2003 Subject. APPROVE PLEASANT HILL ROAD EAST SEWER IMPROVEMENTS, DISTRICT PROJECT 5553, FOR CEQA/PERMITTING PURPOSES CEQA documentation be submitted with the permit application. Since this permit application process can be time consuming, Board approval of the project and direction to file a Notice of Exemption is needed at this time. The Pleasant Hill Road East Sewer Improvements Project is included as part of the Trunk Sewer Capacity Program in the fiscal year 2003 -2004 Capital Improvement Budget (CIB) on pages CS -72 through CS -75. Staff has conducted a cash flow analysis of the Sewer Construction Fund and concluded that adequate funds are available for this project. Staff has also concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15302, since it involves replacement of existing facilities in substantially the same location and with the same purpose as the facilities being replaced. Furthermore, any capacity increases provided by the project are nongrowth related to accommodate wet weather flows. Authorization of this project will establish the Board of Directors' independent finding that the project is exempt from CEQA. RECOMMENDED BOARD ACTION: Approve the Pleasant Hill Road East Sewer Improvements, District Project 5553, and direct staff to file a Notice of Exemption with the Contra Costa County Clerk. LAPosition Papers \Rozul \5553ApproveProj.doc Page 2 of 3 11/24/2003 0 r� Central Contra Costa Attachment Sanitary District MARTINEZ-PLEASANT HILL RD EAST CORRIDOR RECOMMENDED PROJECT k-CS Dh.-- (7s Prepared bV Engineering Support Section SEEM- Page 3 of 3 December 4, 2003 3.e. CONSENT CALENDAR Page 1 of 2 Receive notification of the Management Support/Confidential Group's election of officers MANAGEMENT SUPPORT /CONFIDENTIAL GROUP 5019 IMHOFF PLACE MARTINEZ, CALIFORNIA 94553 QC CIRVIED November 13, 2003 NOV 14 2003 CCCSD SECRETARY OF THE DISTRICT Board of Directors Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553 Honorable Board of Directors: MANAGEMENT SUPPORT /CONFIDENTIAL GROUP OFFICERS FOR 2003 -2005 This is notification that the officers who have been elected to serve during 2003 -2005 for the Management Support/Confidential Group (MS /CG) are as follows: President: Tad Pilecki First Vice - President: Kim Greer Second Vice - President: Paul Louis Secretary: Ruth Bennett Treasurer: Michael Penny These elected officers along with five appointed representatives comprise the MS /CG Executive Committee. The appointed representatives are: Administrative Department representative: Collection System Operations representative Engineering Department representative: Plant Operations representative: Representative -at- Large: Sincerely, '4'j P� a Tad Pilecki MS /CG President TP:rb cc: MS /CG Executive Committee Distribution List No. 2 Mark Greenawalt Rich Boylan Liz Charlton Steve Colberg Michael Thornton - Central Contra Costa Santdry District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 4, 2003 No.: 3.f. CONSENT CALENDAR Type of Action: ACCEPT GRANT DEED Subject: ACCEPT A GRANT DEED FROM THE ORINDA COUNTRY CLUB FOR REAL PROPERTY ASSOCIATED WITH THE LOWER ORINDA PUMPING STATION RENOVATION PROJECT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PURCHASE AGREEMENT FOR THIS REAL PROPERTY TRANSACTION — DISTRICT PROJECT NO. 5448 Submitted By: Initiating DeptJDiv.: Ricardo Hernandez Engineering /Environmental Services Senior Engineering Assistant REVIEWED AND RECOMMENDED FOR BOARD ACTION: W -' R. Hernandez H. Thom C. Swanson A. Farrell K. Alm General ISSUE: The Board of Directors must accept Grant Deeds and authorize purchases of real property in fee. Land for CCCSD pumping stations and other major structures has typically been purchased in fee, whereas land for sewers and minor structures has been purchased as easements. RECOMMENDATION: Adopt a resolution accepting the Grant Deed from the Orinda Country Club and authorize the General Manager to execute a Real Property Purchase Agreement for this transaction. FINANCIAL IMPACTS: The total cost of this land purchase for the expansion of the pumping station, including temporary construction easements, is $51,908. ALTERNATIVES /CONSIDERATIONS: Additional land is necessary to expand the Pump Station site. BACKGROUND: The District's 1989 Pump Station Master Plan identified the need to renovate the Lower Orinda Pumping Station to meet long -range operating goals. The Lower Orinda Pumping Station is the District's oldest active pumping station at over 50 -years old. The Master Plan recommended that the pumping station equipment be updated and capacity increased to meet projected wet - weather flows. The current project consists of complete renovation of the pumping station in its existing location. The footprint of the station will be enlarged to accommodate a new, larger standby generator and equipment. UAPosition Papers \Hernandez MAccept.LowerOrindaPS.doc Page 1 of 3 POSITION PAPER Board Meeting Date: December 4, 2003 Subject ACCEPT A GRANT DEED FROM THE ORINDA COUNTRY CLUB FOR REAL PROPERTY ASSOCIATED WITH THE LOWER ORINDA PUMPING STATION RENOVATION PROJECT AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PURCHASE AGREEMENT FOR THIS REAL PROPERTY TRANSACTION — DISTRICT PROJECT NO. 5448 The subject Grant Deed is for land needed in connection with the expansion (map attached). The Grant Deed contains a reservation in favor of the Country Club for a conditional access easement over a portion of the subject land to be used as a gravel driveway for access to their maintenance grounds. A Real Property Purchase Agreement containing the negotiated terms of this transaction is also being submitted for approval. Dunn & Associates, Real Estate Appraisers and Consultants, prepared an appraisal report for this transaction. At its September 2, 1999 meeting, the Board of Directors approved a Negative Declaration for the Lower Orinda Pumping Station Improvement Project. Subsequently, a Notice of Determination was filed in compliance with the California Environmental Quality Act (CEQA). RECOMMENDED BOARD ACTION: Adopt a resolution accepting the Grant Deed from the Orinda Country Club, authorizing the General Manager to execute a Real Property Purchase Agreement for this transaction, and authorizing staff to record the Grant Deed with the Contra Costa County Recorder. Page 2 of 3 U: \Position Papers \Hernandez R\AcceptlowerOrindaPS.doc N O\ Q� Q LAFAYEn Page 3 of 3 / \ RINDA % m / CCE ROADR+cq FORS CC •SD AND ORIND�4 COUNTRY `C "\ � LUB \• \ LOCATION MAP N.T.S. \ NEW PROPERTY 1. \ ACQUISITION TEMPORARY CONSTRUCTION \ • EASEMENT (4200 SQ.FT.) \ D CO 1 r 1 O I EXISTING i m PUMP 'I STATION I 11 � 11 SITE 1 G��NPNG� 0 \ \ \ O 1 \ E d � O d • n rn c a \ •\ O o° E 0 60 120 a N \ FEET x Central Contra Costa Attachment Sanitary District LOWER ORINDA PUMPING STATION V PROPERTY ACQUISITION MAP Page 3 of 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Real Property Purchase Agreement This Real Estate Purchase and Sale Agreement ( "Agreement ") is made and entered into as of ( "Effective Date "), by and between ORINDA COUNTRY CLUB ( "GRANTOR'S, and CENTRAL CONTRA COSTA SANITARY DISTRICT, a special district created pursuant to the laws of the State of California ( "DISTRICT "). NOW, THEREFORE, IN CONSIDERATION of the mutual covenants, promises and undertakings set forth herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recital The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the property rights described herein, and shall relieve the District of all further obligations or claims on this account or on account of the location, grade, construction, of the proposed public improvement. The Agreement consists of two transactions: (a) the purchase by the District of approximately 3,171 square feet of property ( "Pump Station Property ") from the Grantor subject to the Grantor's reservation of a non - exclusive surface easement for ingress and egress over the property thereby conveyed and (b) the grant by Grantor to District of a temporary construction easement over certain property as described below for the construction of the District's Lower Orinda Pumping Station Project ( "Project "). This Agreement shall govern both of the transactions described herein but each transaction is independent and mutually exclusive of the other. 2. Transaction One: Sale of Pump Station Property A. Grantor. Grantor agrees to convey to District the Pump Station Property as described and set forth in the Grant Deed attached as Exhibit A and incorporated herein by this reference subject to reservation of a non - exclusive surface easement for ingress and egress over the Pump Station Property thereby conveyed. Grantor shall deposit in an escrow designated by District, the Grant Deed (suitable for recording) conveying from Grantor to District the Pump Station Property. Within 15 days of close of escrow, as defined in Section 2.C., District shall pay for and deliver, or cause to be delivered, to Grantor a preliminary title report on the Pump Station Property issued by the Title Company, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters affecting Grantor's title to the Pump Station Property, together with copies of all documents relating to exceptions referred to in the preliminary title report, and complete and legible copies of all instruments referred to in the Preliminary Report, as requested by District. B. District. District shall deposit into escrow the sum of Thirty Thousand One Hundred Ninety Six Dollars ($ 30.196 ) ( "Purchase Price") for the Pump Station Property to First American Title Company ( "Title Company ") for the account of Grantor, Escrow No. 716974, conditioned upon the Pump Station Property vesting in the District free and clear of all liens, leases, encumbrances, easements (recorded and /or unrecorded), assessments and taxes except any typewritten exceptions which are acceptable to District as listed in the title report relating to the Pump Station Property issued by the above identified Title Company bearing the escrow number shown in Clause 2B and dated April 7, 1998, and updates thereof. District shall determine which, if any, title exceptions it will take title subject to in its escrow instructions to Title Company. Clearing of any title exceptions not acceptable to District is the responsibility of Grantor. C. Close of Escrow. District shall prepare and file escrow instructions on behalf of both parties. Unless the parties mutually agree in writing to an extension, escrow shall close and the Pump Station Property shall be transferred from Grantor to District, and the Purchase Price shall be paid to Grantor on the date which is thirty days after the Effective Date. The escrow agent shall close escrow by (i) recording the Grant Deed conveying the Pump Station Property from Grantor to District in the official records of Contra Costa County, California; (ii) issuing the title policy and delivering same to District; (iii) delivering to Grantor the monies constituting the Purchase Price less prorated amounts and charges to be paid by or on behalf of Grantor and a certified copy of the Grant Deed; and (iv) delivering to Purchaser a certified copy of the Grant Deed. Close of escrow for this transaction shall be contingent upon the Title Company receiving subordination agreements from any deed of trust or mortgage holder trustees and beneficiaries and /or lessees as required by District. At the close of escrow, the escrow agent shall make the following prorations: (i) property taxes, if any, shall be prorated as of the date of close of escrow based on the most current real property tax bill available, including any additional property taxes which may be assessed after the close of escrow but that pertain to the period prior to the transfer of title to District, regardless of when notice is delivered or who receives the notice and (ii) any prorations necessary to satisfy any mortgages, liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and /or delinquent and unpaid non - delinquent assessments, which may have become a lien at the close of escrow. Close of escrow is contingent on Grantor securing a release of AEGON USA Realty Advisors, Inc.'s interest in the Pump Station Property. The District shall reimburse Grantor for fees and expenses incurred by Grantor in securing the release, including reasonable attorney's fees, as described in the letter from the District to Grantor dated September 26, 2003 and attached to this Agreement as Exhibit B. D. Grantor Warranties. Grantor hereby agrees, represents and warrants, to the best of Grantor's knowledge after diligent inquiry, that as of the Effective Date and as of the close of escrow Grantor is not aware of and has received no notice alleging that there have been releases or threatened releases of hazardous materials on the Pump Station Property or that there has been any disposal, release or threatened release of hazardous materials on the Pump Station Property. The Grantor has stored fertilizer and chemicals on the Pump Station Property in the past and the parties agree that the Grantor is not aware of any significant spills of such fertilizer and chemicals but that the Grantor does not agree, represent or warrant that minor spills have not occurred at some point in the past or that any spills may have occurred from the District's operation of the pumping station. E. Grantor Indemnity Over Reserved Easement. To the fullest extent permitted by law, Grantor shall indemnify and hold harmless District, from and against all claims, damages, losses, liabilities and expenses, including but not limited to attorneys' fees, arising out of or resulting from the Grantor's use of the easement over the Pump Station Property, provided that any such claim, damage, loss, liability, or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss or use resulting therefrom, and (2) is caused by any negligent act or omission of the Grantor, its employees, contractors, subcontractors, or agents, whether engaged directly or indirectly by the Grantor. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or V, person described in this paragraph. This indemnity does not extend to damage, loss, liability or expense caused solely by District's active negligence or willful misconduct. F. Required Approvals. Grantor understands and agrees that this real property purchase is subject to the approval of District's Board of Directors. 3. Transaction Two: Construction Easement A. Grant of Easement. Grantor hereby grants to District for the sum of Twenty One Thousand Seven Hundred Twelve Dollars ($__21,712_) a temporary construction easement for the use and storage of tools, machinery, materials and equipment by District and its employees, contractors and agents over and upon that certain real property identified in Exhibit C ( "Construction Easement Property "), together with the right of ingress to and egress from the Construction Easement Property and the right at all times to enter over and upon said real property and every part thereof and also to use said real property for all purposes connected with the construction of the Project. B. Term. It is understood and agreed between the parties that the use of said temporary construction easements and temporary access easement shall begin upon the contractor's initial mobilization for the Project and terminate upon completion of the Project. District shall pay to Grantor the sum of One Thousand Dollars ($1,000) for every month or portion of a month that use of the Construction Easement Property is required beyond December 31, 2005. C. Mitigation Measures. District agrees to reasonably perform the mitigation measures described in Exhibit D. Any compensation amounts specified in Exhibit D are included in the sum amount shown in Clause 3A. D. District Indemnification. To the fullest extent permitted by law, District shall indemnify and hold harmless Grantor, from and against all claims, damages, losses, liabilities and expenses, including but not limited to attorneys' fees, arising out of or resulting from the District's use of the Construction Easement Property or conduct of the Project, provided that any such claim, damage, loss, liability, or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss or use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the District, its employees, contractors, subcontractors, or agents, whether engaged directly or indirectly by the District. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. This indemnity does not extend to damage, loss, liability or expense caused solely by Grantor's active negligence or willful misconduct. In any and all claims against the Grantor by any employee of the District, or employee of a contractor, subcontractor, or agent, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph 3.D. shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the District, or any contractor, subcontractor, or agent under workers' or workmen's compensations acts, disability benefits acts, or other employee benefit acts. This indemnity obligation is not intended to create any rights or addition theories of recovery in any employee of the District, its contractors, subcontractors, or agents which do not otherwise exist at law. E. Insurance. Grantor shall be named as additional insured on District's prime contractor's insurance policy with limits as described in Exhibit E. F. Binding on Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties to this Agreement. 4. Provisions Applicable to Both Transactions. A. No Leases. Grantor warrants that there are no oral or written leases on all or any portion of the Pump Station Property or the Construction Easement Property exceeding a period of one month and Grantor further agrees to hold District harmless and reimburse District for any and all of the losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. B. Authority to Sign. Grantor represents and warrants that the signatory(s) to this Agreement is /are authorized to enter into this Agreement on behalf of Grantor and that no other authorizations are required to implement this Agreement on behalf of Grantor. C. Counterparts Signature. This Agreement may be executed in counterparts, each of which shall be an original, but all counterpart's signatures shall constitute one agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below. Approve as to f K nton Counsel for District 667399 -2 4 Orinda Clue .y: RECORDING REQUESTED BY CENTRAL CONTRA COSTA SANITARY DISTRICT AFTER RECORDING RETURN TO CENTRAL CONTRA COSTA SANITARY DISTRICT INFRASTRUCTURE DIVISION 5019 IMHOFF PLACE MARTINEZ, CA 94553 -4392 APN: 262- 290 -007 GRANT DEED Job No. 5448 Parcel No. 1 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ORINDA COUNTRY CLUB, a corporation, does hereby grant to CENTRAL CONTRA COSTA SANITARY DISTRICT, a local public entity organized under the Sanitary District Act of 1923, all right, title , and interest in that real property, and all facilities therein, situated in the County of Contra Costa, State of California, described as follows: (FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) Grantor hereby reserves an easement for surface access only over the real property described in Exhibit A; however, such easement shall not operate to prohibit the Central Contra Costa Sanitary District from constructing, operating or maintaining any public facilities on, under, over, along and through such real property. In witness whereof, said ORINDA COUNTRY CLUB has executed these presents by its officers thereunto duly authorized, this day of , 2003. "ATTACH NOTARY STATEMENT" EXHIBIT A EXHIBIT «A„ DATE RECEIVED) FEE PARCEL REAL PROPERTY in the city of Orinda, county of Contra Costa, state of California described as follows: Portion of the parcel of land shown upon "Map showing boundaries and subdivisions of Orinda Park Tract and Oak View Ranch ", filed May 8,1882 in Book F of Maps at page 143, Contra Costa County Records (F Maps 143), being also a portion of the parcel of land described in the deed to Orinda Country Club recorded on June 18, 1924 in Book 479 of Deeds at page 1, Official Records of said county (479 D 1), described as follows: Commencing at the most southerly corner of the parcel of land described as Parcel Five in the deed from Orinda County Club to Central Contra Costa Sanitary District, recorded May 12,1948 in Book 1201 of Official Records of said county at page 234 (1201 O.R. 234) as said Parcel Five is shown upon the Record of Survey filed April 6, 1983 in Book 72 of Licensed Surveyor Maps at page 23 of Official Records of said county (72 L.S.M. 23), thence along the southeast line of said Parcel Five (1201 O.R. 234) and the northeasterly extension thereof north 680 50' 30" east 63.00 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING north 21 ° 09'30" west 77.00 feet; thence south 68° 50'30" west 66.00 feet; thence south 230 50'30" west 36.77 feet; thence south 210 09'30" east 51.00 feet; thence north 680 50'30" east 92.00 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM all that portion of the above referenced Parcel Five (1201 O.R. 234) Containing an area of 3,171 square feet, more or less. Attached hereto is a plat entitled Exhibit "B" and by this reference made part hereof. i,w Z xp. 12/31/03 No. 5265 Q. �O I f A.P.N. 262.290 -007 KASurvey\Easement Descriptions \5448\5448.dsc Exhibit A DP 5448 Fee Parcel Orinda Country Club Page of 1 October 18, 2001 c s m 3 m 0 n EXH IlW—om ;"+ Ia. „ 5.1 ARY DISTRICT CENTRAL CC±NTRf \ � \ n \ ORI NDA COUNTRY CLUB 479 D S23° 50'30 "W 36.77' IAND S�9� N A. cti9 FC NP r W EXP. 12 -31 -03 Oz sl No. 5265 \P \� OF CA0F�P� O O_ 0 30 60 FEET N , DRAWN BY: ° SDC u1 SCALE CHECKED BY: KDC DATE: ,r. ,0 n, a - � �' \� Ccn O\ CCCSD FEE Lp PARCEL 5 �\ 1201 O.R. 234 \ P.O. B. 63 0° I � I C7 I \ � , \• � \\ u U�U i 0o I (/) I m I I THOMAS BRO.: 69D3 CO. ASSMT. NO.: 262- 290 -007 11 Central Contra Costa Sanitary District X019 Imhoff Place,�Vlartinez,ACa94553 ^1925)228 -9500 www.centralsan.org FAX: (925) 372-7892 September 26, 2003 File: 5448.5.4 Mr. James N. Roethe, President Orinda Country Club 315 Camino Sobrante Orinda, CA 94563 Dear Mr. Roethe: CHAWZS W. sans General Manager KENMN L. AIM Counsellor the District (510) 808 -2000 JOYCE E. MURPHY Secretary of the District ° M-03 D 9 -� We reviewed the letter to the Orinda Country Club (Country Club)dated September 5, 2003, from AEGON USA Realty Advisors, Inc. regarding the steps necessary to secure a partial release of the property to be purchased by the Central Contra Costa Sanitary District (District) pursuant to the Lower Orinda Pumping Station Renovation Project. As you requested in your letter dated September 12, 2003, the District agrees to assist the Country Club in processing the partial release and shall reimburse the Country Club for any costs the Country Club incurs related to obtaining the partial release, such as the costs of delivering an endorsement to the title insurance policy (paragraph #2 of AEGON's September 5 letter), lender's legal costs, fees and expenses ( #3), preparation of the partial release ( #5), securing the consent of third parties if necessary ( #6), and effecting a tax division of the property ( #7). As we discussed, the District shall have no responsibility for bringing the loan current, curing defaults of any kind with respect to the loan, or paying any real estate taxes on the property. If you agree to these terms, please execute the letter from AEGON and return a copy to Mr. Andrew Antkowiak for our records. Sincerely, �allo Tad Pilecki Principal Engineer TJP:ms cc: David S. Warner (Meyers, Nave, etal) A. Farrell, W. Brennan, A. Antkowiak EXHIBIT B 1-.+.... t" )Recycled Paper ,I Z .o �rO p NEW PUMPING STATION AREA ROAD SS I;�, SITE PUMP STATION 8 LOCATION MAP N.T.S. WAYEM 4• TEMPORARY CONSTRUCTION EASEMENT (4200 SQ.FT.) E P\NV `o NG M 8 N 0 60 120 FEET Central Contra Costa Attachment 0 Sanitary District LOWER ORINDA PUMPING STATION a TEMPORARY CONSTRUCTION EASEMENTS — EXHIBIT D Mitigation Measures During Construction 1. Areas of the Orinda Country Club (OCC) property impacted by construction of the pumping station renovation (including the flower beds adjacent to the roadway behind Green No. 1) will be restored. 2. The access road will be somewhat straightened to make it easier for Contractors' truck access. At the conclusion of the project, the service road will be repaved and reconfigured per OCC's request. The District will reimburse OCC $ 3,500 for the labor and material to restore east side of access road (green side) and constructing mounding around the back of Green No. 1. The District will also reimburse OCC $ 4,100 for relocation by OCC forces of the cart turnabout, drainage line. These amounts will be added into the overall compensation figure. 3. The District will repave the existing access road with 14 -foot wide concrete driveway between Miner Road and the access gate to Grantor's maintenance yard at no additional cost to OCC. The AC paved maintenance yard area, south of the District's pumping station building, will be overlaid with 2 -inch new AC. No overlay will be provided in front of the OCC maintenance building, east of the District's pumping station unless damaged during the construction process. 4. The District will require the Contractor to provide OCC with continuous access to the service road and the equipment sheds throughout the renovation project, subject to short delays necessary to move the construction trucks and equipment out of the subject area. The Contractor will be required to keep the work area as clear of construction debris as possible. 5. The Contractor will be required to have dust control in place and water the construction area, as necessary, to minimize dust nuisance. 6. The Contractor will be required to install an 8- foot -tall temporary fence, with green lattice or fabric, behind the green on Hole No. 1 to protect workers from golf balls and screen truck traffic. 7. Upon completion of the work, the District will provide a permanent chain -link fence, with green batten boards or lattice, to provide visual screen on the west (creek) side of the pumping station. 8. The District will reimburse OCC $ 300 for relocation by OCC forces of the warning bell near #1 Green (twice) before and after construction. This amount will be added into the overall compensation figure. 9. District/Contractor's temporary construction trailer will be located adjacent to one of OCC maintenance sheds and across from the practice green. The trailer will be painted forest green. 10. The District agrees that no construction will occur during the following major golf tournaments. The tentative dates of these tournaments are: June 16 -19, 2004 — Men's Invitational June 15 -18, 2005 — Men's Invitational July 22 -23, 2004 — Women's Invitational July 21 -22, 2005 — Women's Invitational September 23 -24, 2004 — Senior Invitational September 29 -30, 2005 — Senior Invitational 11. Contractor will be required to provide flagmen or other agreed means to maintain smooth traffic at the junction of OCC's service road and Miner Road, during all periods of significant construction traffic over the service road. 12. The District will permanently remove some trees at the project site. The District will reimburse OCC $2,800 for providing and planting six (6) oak replacement trees with its own forces. This amount will be added to the final compensation amount. 13. OCC will be named as an additional insured under the Construction Contract. The District will provide copies of the appropriate insurance certificates for OCC records. EXHIBIT E INSURANCE District shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Project. Minimum Limits of Insurance District shall maintain limits no less than: 1. General Liability: $2,000,000 each occurrence combined single limit for bodily injury and property damage. 2. Automobile Liability: $1,000,000 each accident or loss for bodily injury and property damage covering primary, excess and umbrella. 3. Products Liability: $2,000,000 aggregate limit for products completed operations. 4. Other: $4,000,000 general aggregate limit. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage Upon Grantor's request, District shall furnish certificates and endorsements evidencing the coverages required by this exhibit. Central Contra Costa Sannary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 4, 2003 No.: 5.a. BIDS AND AWARDS Type of Action: AUTHORIZE AWARD /AUTHORIZE AGREEMENT Subject: 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, DISTRICT PROJECT 5448 Submitted By: Initiating DeptJDiv.: Andrew Antkowiak Engineering / Capital Projects Associate Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: A. owiak T. Pil cki W. Brennan A. Farrell Charles . Ba General Man er ISSUE: On November 19, 2003, sealed bids were received and opened for the construction of the Lower Orinda Pumping Station Renovation Project, District Project 5448. The Board of Directors must authorize award of the contract or reject bids within 50 days of the bid opening. Authorization of the Board of Directors is required for the General Manager to execute professional engineering services agreements in an amount greater than $50,000. RECOMMENDATION: Authorize award of a construction contract. Authorize the General Manager to execute professional service agreements. FINANCIAL IMPACTS: Approximately $8,941,000 including design, bid price, contingency, and construction management. ALTERNATIVES /CONSIDERATIONS: The alternative would be to reject all bids, which is not recommended. BACKGROUND: The District's 1989 Pump Station Master Plan identified the need to renovate the Lower Orinda Pumping Station. The Lower Orinda Pumping Station is the District's oldest active pumping station, at over 50 years old. The Master Plan recommended that the mechanical and electrical equipment be updated, reliability improved, and capacity increased to meet projected wet weather flows. The current project consists of complete renovation of the pumping station in its existing location. The scope of work for the renovation includes replacing all electrical and mechanical equipment. All existing pumps will be replaced with new electrically driven L: \Position Papers\Antkowiak \5448 Award PMC.doc Page 1 of 7 POSITION PAPER Board Meeting Date: December 4, 2003 subject 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, DISTRICT PROJECT 5448 pumps utilizing variable frequency drives. The footprint of the station will be enlarged to accommodate a new larger standby generator and new electrical, instrumentation and mechanical equipment. The new supervisory control and data acquisition system ( SCADA) will be tied to the District's overall pumping station SCADA system. A new surge tank with associated piping, new odor control system, and bioxide injection system for control of corrosion will be installed. The architectural features of the existing facilities will be enhanced. The project site is shown in Attachment 1. The plans and specifications for the project were prepared by Dodson Engineers (GSDA). The Engineer's estimate for construction is $6,100,000. This project was advertised on October 8 and 22, 2003. A total of five (5) sealed bids ranging from $5,696,000 to $7,965,000 were received and publicly opened on November 19, 2003. The Engineering Department conducted a technical and commercial evaluation of the bids and concluded that Pacific Mechanical Corporation (PMC) is the lowest responsible bidder with a bid amount of $5,696,000. A summary of bids received is shown in Attachment 2. District staff will administer the construction contract and provide inspection, survey, office engineering, and coordinate review of submittals. District staff will also perform the majority of the shop drawing review and construction support services for this project and coordinate the project with the public, Orinda Country Club, City of Orinda, and other regulatory agencies. Staff recommends that E &C provide electrical and instrumentation support services during construction of this project and that Raines, Melton & Carella, Inc. (RMC) provide civil and mechanical construction support. Construction support services include reviewing shop drawings and submittals, responding to design questions, evaluating change order requests, and performing site visits to verify compliance with the design intent. E &C was selected because they prepared the electrical /instrumentation plans and specifications for this project. A construction support services contract with a ceiling of $120,000 has been negotiated with E &C. RMC was selected because they assisted the District in various pump submittals review during the design process. A construction support services contract with a cost ceiling of $100,000 has been negotiated with RMC. In addition, staff recommends retaining GSDA to respond to design intent clarification requests and TJC & Associates, Inc. (TJC) for review of structural submittals. GSDA, and TJC were selected because they prepared, respectively, the civil /mechanical and structural plans /specifications for this project. Construction support services contracts with the following cost ceilings have been negotiated with the above consultants: GSDA cost ceiling of $30,000 and TJC cost ceiling of $25,000. L: \Position Papers\Antkowiak \5448 Award PMCA= Page 2 of 7 POSITION PAPER Board Meeting Date: December 4, 2003 subject. 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, DISTRICT PROJECT 5448 The allocation of funds required to complete this project, as shown in Attachment 3, is $7,996,000. The total cost of Lower Orinda Pumping Station Renovation Project, is anticipated to be $8,941,000. This project is included in the Fiscal Year 2003 -04 Capital Improvements Budget/Capital Improvements Plan (CIP) on pages CS -83 through CS -88. Staff has determined that there are adequate funds in the CIB for this project. Construction is anticipated to begin in January 2004 and will be completed by December 2005. At its September 2, 1999 meeting, the District Board of Directors approved a Negative Declaration for the Lower Orinda Pumping Station Renovations Project. Subsequently, a Notice of Determination was filed in compliance with the California Environmental Quality Act (CEQA). RECOMMENDED BOARD ACTION: Authorize award of contract for construction of the Lower Orinda Pumping Station Renovation Project, District Project 5448, in the amount of $5,696,000 to Pacific Mechanical Corporation (PMC), as the lowest responsible bidder. Authorize the General Manager to execute a professional services agreement not to exceed $120,000 with E &C Engineering and a professional services agreement not to exceed $100,000 with RMC. L: \Position Papers\Antkowiak \5448 Award PMC.doc Page 3 of 7 0 Central Contra Costa Attachment Sanitary District LOWER ORINDA PUMPING STATION RENOVATION PROJECT, DP 5448 a � PROJECT LOCATION V Page 4 of 7 ATTACHMENT 2 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. 5448 Lower Orinda Pumping Station Renovations DATE: November 19, 2003 LOCATION: Orinda, California ENGINEER EST.: $6,100,000 ORDER BIDDER OPENED (Name & Address) BID PRICE McGuire and Hester 1 9009 Railroad Ave. $6,697,000 Oakland, CA 94603 Mountain Cascade Inc. 2 555 Exchange Ct. $6,879,000 Livermore, CA 94550 Diablo Contractors Inc. 3 7 Crow Canyon Court, Suite 100 $7,965,000 San Ramon, CA 94583 Pacific Mechanical Corporation 4 .2501 Annalisa Drive $5,696,000 Concord, CA 94524 Monterey Mechanical Co. 5 8275 San Leandro Street $5,883,000 Oakland, CA 94621 6 7 8 9 BIDS OPENED BY: /s/ Joyce Murphy DATE: November 19, 2003 SHEET NO. 1 OF 1 Page 5 of 7 ATTACHMENT 3 7. Construction Management • District Forces Construction Project Management 70,000 Contract Administration 150,000 Construction Inspection 300,000 Surveying 10,000 Shop Drawings review 100,000 Legal $15,000 SUBTOTAL CONSTRUCTION MANAGEMENT: $645,000 9.6 8. Consultant /Professional Services • Material Testing LOWER ORINDA PUMPING STATION RENOVATION PROJECT, • Arborist DISTRICT PROJECT NO. 5448 5,000 POST - BID /PRE- CONSTRUCTION ESTIMATE 120,000 • RMC PERCENT OF • GSDA 30,000 ESTIMATED ITEM DESCRIPTION TOTAL CONSTRUCTION 1 . Construction Contract $5,696,000 2. Asbestos and Lead Paint Removal $25,000 3. Instrumentation Programming (POD) $25,000 4. SCADA Integration $55,000 5. Start up /Testing /Tie -ins (POD) $20,000 6. Contingency at 15.0 percent of Sewer $873,000 CONSTRUCTION TOTAL: $6,694,000 100.0 7. Construction Management • District Forces Construction Project Management 70,000 Contract Administration 150,000 Construction Inspection 300,000 Surveying 10,000 Shop Drawings review 100,000 Legal $15,000 SUBTOTAL CONSTRUCTION MANAGEMENT: $645,000 9.6 8. Consultant /Professional Services • Material Testing 15,000 • Arborist 5,000 • Geotechnical 5,000 • E &C Engineering 120,000 • RMC 100,000 • GSDA 30,000 • TJC 25,000 • Vibration Testing 20,000 • Asbestos abatement Consultant 5,000 SUBTOTAL CONSULTANT /PROFESSIONAL: $325,000 4.9 L: \Position Papers\Antkowiak \5448 Award PMC.doc Page 6 of 7 ATTACHMENT 3 9. Engineering and Other Services During Construction • Design Engineering $ 25,000 • Easement Acquisition and legal fees 77,000 • Community Relations 5,000 • Operations Department 50,000 • Public Agency Fees 5,000 • Field Office 10,000 • Permit Inspection Fees 5,000 SUBTOTAL CONSTRUCTION ENGINEERING: $177,000 2.6 CONSTRUCTION MANAGEMENT AND ENGINEERING TOTAL (ITEMS 7, 8, & 9) $1,147,000 17.1 10. Prebid Expenditures (Planning and Design) $1,100,000 16.4 11. Total Estimated Project Cost $8,941,000 134.0 12. Funds Allocated to Date for This Portion of $945,000 Work 13. Allocation Required to Complete Project $7,996,000 L: \Position Papers\Antkowiak \5448 Award PMC.doc Page 7 of 7 e�*) l 1 l 1 l 1 N 0 0 w � O O O � N N � � � O O �C �O \C O O �C `C �O W N �D �O OTC � � �. 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Overflow Device Giveaway Free OFD to 50 Customers 74 Customers; 350 on Waiting List Delivered by Construction Inspectors 67 OFD's Delivered & Installed Letters & Instructions t Homeowners on Waiting List er ow t t TO The property owner maintains Maintained this portion of the sewer connection by CCCSD r . ABAG "Be Sewer Smart" Campaign Goal is to reduce number of overflow - related claims r. Education of homeowners 2500 Free overflow devices Media event on November 5 to "kick -off" campaign KTVU news clip Real Estate Industry Outreach M ; Met with local chapter of home inspectors ' Met with Contra Costa Board of Realtors Legislative Committee Future Activities Article in realtors newsletter Distribute 3,000 flyers to realtors Modify home disclosure checklist to include overflow device Target outreach to homes in older or overflow -prone areas `` -- News articles in local newspapers Encourage local hardware stores to sell O FD's S E W E R C O N N E C T I O N F A C T S H E E T oted Your Propedy herever a sewer system exists, so does the potential for overflows. Sewer lines can become blocked due to roots, grease buildup, or debris in the pipes. When this occurs, wastewater is stopped by the blockage and then backs up toward the first possible outlet. Most of the time this is a manhole. However, sometimes the outlet is a fixture or drain inside a home or business. Most overflows are relatively small and can be cleaned up quickly. Left unattended, how- ever, overflows can result in significant prop- erty damage and environmental problems. When a wastewater backup occurs, Central Contra Costa Sanitary District (CCCSD) responds immediately. Our crews locate the blockage and determine if it is in the public sewer; if it is, the crew removes the blockage and cleans up the affected home or business. Property owners are responsible for internal plumbing and lateral pipes If a backup occurs within private internal plumbing or in the lateral pipe or side sewer that connects private property to the public sewer, this is the property owner's responsibil- ity, and CCCSD cannot remove the blockage or make the necessary repairs. You should contact a licensed plumbing contractor to make repairs. A CCCSD permit is required for sewer work outside of a building. Ordinance requires device that can help to prevent overflows on private property Installing a backwater over- flow prevention device is the best way to prevent wastewater from backing up into your home or business, regardless of whether the clog is in the public sewer main or a private lateral. These devices use a ball - check device (see photo at right and graphic on reverse) that automatically opens if water begins to back up. This allows the overflow to occur outside the building rather than through fixtures or drains. interior Since 1995, backwater overflow preventers have been required on all new houses and businesses within our service area, and must be installed whenever the lateral /side sewer is repaired or replaced. In July 2003, the CCCSD Board of Directors approved a new ordinance which extended this requirement to all properties within our service area (not just those built after 1995). While there is no deadline for installation of the device, it is in the prop- erty owner's best interests to install one without delay. The new ordinance also adds a provision for case -by -case excep- tions. If installation of the device is not practical, a property owner may apply to the District for an exemption from the requirement. Installation of the device is relatively simple, but must be done according to District specifications. Because proper elevation and location are critical for the device to function properly, we recom- mend that it be installed by a licensed plumbing contractor. Once installed, the device should be kept accessible and free from obstructions such as dirt or vegetation. Protect Your Property investment Most sewer overflows are caused by plugged laterals; however, some are caused by If you do not already have a backwater overflow device, we rec- obstructions in the public sewer mains. While ommend that you have one installed as soon as possible. They this number remains low, the costs associated are available in three different models ranging in price from $35 with clean -u and re air are risin . to $45, and can be purchased at plumbing supply stores. P p g For more information, visit our web site at www.centralsan.org or call the CCCSD Permit Counter staff at (925) 229 -7371. 6010A -10/03 Back Ove ow De ice Ground Level --s, - - - -- aw- A Backwater Overtlow Device can save you from the very unpleasant and often costly Building experience of a ci we r eanout sewage backup into your home. 11 a Ljat;r&up UVW* U%;%;U1q L11W UVt:FIIUW UWV1UU 5 M111-U[MUK mechanism automatically opens, allowing the overflow to occur outside the building rather than inside. F' The property owner rnaint6 Central Contra Costa Sanitary District 5019 Imhoff Place •Martinez, CA 94553 (925) 228-9500 www.centralsan.org 6010B -10/03 d) 11 a Ljat;r&up UVW* U%;%;U1q L11W UVt:FIIUW UWV1UU 5 M111-U[MUK mechanism automatically opens, allowing the overflow to occur outside the building rather than inside. F' The property owner rnaint6 Central Contra Costa Sanitary District 5019 Imhoff Place •Martinez, CA 94553 (925) 228-9500 www.centralsan.org 6010B -10/03 v 3 ror MN 44h M Z CA) .p CA) M V Z _ ■ CA 14 a) V o o (D 0 PEON 0 0o n .� 0 CD o -h �. v r'o m v 1 • • mn Z � m cn NEI V :5. C4 0) 0 r 3 0 cQ w cn N*4 �o 0 CD �(D rNiff N 0 0 POO • �S 01 01 W N 0 n �. 0 MN 0 m 3 V C N cQ 0 N m 3 v (D U) n 0 room 3 m N as 3 N N O 3 9 0 • Z �F cr 1 . csi cn room 0 N CD 3 v CD (1) n O� 7 as MN N a� N N� N O �. 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CD CD CD v m D O N .0% CD n CCD N CD n CD • 0 n 0 v 0 C. v m not S CD 0 O 0 O� 0 O • r �, O < n CD 0). 000 o �z aria CD n O o � O O = O ;� O M O O O C f-+ CD CD _. � CD O O 0) CL • 0 -• o CL W Cl) O O O � _ � O o (1) ma CD mu 0) --1 0 O = O n C� v m a INNIS 3 rr a1 rr O 3 N n 0 CD CL m CD ark 0 C� 0 CD -O Mmt 0 m 0 vc o CD 0) o (f ) -h cn. ;u CD _.OA 0 0 —� r. �CD OA mot �CD CL � Soo m 5 OA 0 CD �D 2) ov CD D� M _. ° WON ° n 0 LPL O Pei s c� n n n N v m a 3 rr O1 A rt O 3 fR o77 Cn � � O DERWA November 14, 2003 Mr. Chuck Batts General Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear Mr. Batts: On behalf of the San Ramon Valley Recycled Water Program ( SRVRWP), I have attached for your information a postcard announcing the construction phase of the recycled water project. The postcard and magnet are the first of several informational pieces that will be mailed to about 4,500 potentially impacted residents and businesses to inform them of the upcoming construction activities. Also included is a Fact Sheet, which will be mailed later to potentially impacted residents. Construction is anticipated to begin in Winter /Spring 2004 and will last approximately one year. I am sending copies of this information to community leaders and interested parties to insure that the appropriate persons are fully informed about the project. The SRVRWP is jointly sponsored by the Dublin San Ramon Services District and the East Bay Municipal Utility District to provide recycled water to large irrigation customers including parks, golf courses, business parks, greenbelts and roadways in portions of Blackhawk, Danville, Dublin and San Ramon. If you are interested in receiving more information about the SRVRWP, please visit our web site at www.derwa.org or contact Ingrid Norgaard, Community Affairs Representative, at (925) 875 -2231 to schedule a project briefing. Regards, /to!A� aA." Robert A. Baker Authority Manager 7051 Dub(k BoulEvARd, DubliN, CA 94568.3018 , (925) 828 -0515 FAX: (925) 829 -1180 Alk SAN RAMON VALLEY RECYCLED WATER PROGRAM FACT S H E ET About the Program The San Ramon Valley Recycled Water Program (SRVRWP) is a multi -phase project to supply recycled water to portions of the Dublin San Ramon Services District (DSRSD) and the East Bay Municipal Utility District (EBMUD) service areas.The program operates through the DSRSD • EBMUD Recycled Water Authority (DERWA). The SRVRWP will serve customers in portions of Blackhawk, Danville, Dublin and San Ramon. Specifically, the program is planned to reach existing and new large irrigation customers including golf courses, parks, common planted areas within homeowner associations, roadway medians and greenbelts, landscape schools and office complexes.The SRVRWP will not serve individual single - family homes. The SRVRWP is important for the community because it will: • Provide up to 3.3 million gallons per -day of recycled water to DSRSD customers (3,696 acre feet per year). • Provide up to 2.4 million gallons per -day of recycled water to EBMUD customers (2,688 acre feet per year). Recycled Water Use &Benefits Recycled water is highly treated wastewater that is safe for many non - drinking purposes including irrigation of parks, school landscape and golf courses, habitat restoration, and various commercial and industrial uses. The use of recycled water reduces the amount of potable water required for these non - drinking uses, ensuring that the best and purest sources of water will be reserved for the highest use: drinking water. Using recycled water for non - drinking purposes helps conserve water throughout the Valley, and reduces the amount and cost to discharge wastewater into the San Francisco Bay. Additionally, during times of drought, recycled water is available for uses such as landscape irrigation. By supplying recycled water to large irrigation customers, we will maintain the quality of life within our communities and ensure that potable water will be available for drinking water supplies. vA EBMUD Ah Ah SAN RAMON VALLEY RECYCLED WATER PROGRAM FACT SHEET, CONTINUED Regulations &Public Health Protections Numerous health and safety protections have been established for recycled water use to ensure public and environmental safety.The California Department of Health Services developed and periodically updates regulations (Title 22) governing the level of treatment and use of recycled water in California.These recycled water regulations are among the most stringent and protective in the world. Since it was first put into use for municipal park irrigation in California in 1929, there has never been a single instance reported of a public health problem in California in connection with the use of recycled water. Source of Water &Description of Treatment The SRVRWP will use recycled water produced at the DSRSD Wastewater Treatment Plant (WWTP). Tertiary - treatment facilities will be built at the DSRSD WWTP to treat effluent to meet the unre- stricted use requirements described in the California Department of Health Services'Title 22 standards. Tertiary - treatment processes include filtration and extra disinfection, which for the SRVRWP will include intense ultraviolet light disinfection in addition to chemical disinfection. Construction Activities Construction for the first phase of the project is anticipated to begin Fall /Winter 2003/2004 and includes 16 miles of 16 to 36 inch diameter transmission pipes, two pump stations and two reservoirs (see map at right). The SRVRWP is committed to informing the public about construction activities that will take place near homes and businesses. Residents and businesses likely to be impacted by construction activities will be notified in advance through direct mailings, road signs, neighborhood meetings, and web site updates. Individuals, organizations and businesses that are interested in receiving additional information on construction activities, or would like to schedule a presentation about the program, are encouraged to contact Ingrid Norgaard, Community Affairs Representative, at (925) 875 -2231 or norgaard @ dsrsd.com. About DERWA DERWA stands for DSRSD • EBMUD Recycled Water Authority. DERWA was established through a Joint Powers Agreement between DSRSD and EBMUD in 1995. DERWA serves as a wholesaler to deliver recycled water to DSRSD and EBMUD, which in turn, will deliver the recycled water to their respective service areas. DERWA has four directors; two from DSRSD and two from EBMUD. An Authority Manager guides the day-to-day work efforts to implement the Program. DERWA's mission is to provide a safe, reliable, and consistent supply of recycled water, and to maximize the amount of recycled water delivered. Contact Information For more information about the San Ramon Valley Recycled Water Program, please visit the project web site at WWw.derwa.oPg or contact Ingrid Norgaard at (925) 875 -2231. a a SAN RAMJN VALLEY RECYCLED WATEK PROGRAM Initial Phase ok �QLLINGER e tt. C rn ,680 `�!`�. >�'% \"`.ri• .�{ / - ' 1• ,`�- _1�- •�^�,_t Y `..`.' ,....,/-�.,�.� •�___•v -•J Sim <.F �` _ `�`y "l 1 1 J Ir1 t DSRSD wo Legend SRVRWP Pipelines EBMUD & DSRSD Pipelines i p Pump Station Reservoir & ~� BLVD. 0 EBMUD Service Area DSRSD Service Area , •ti i , /X1 6801 0 5000 � � f � �•''��.�`, , f , i _ i � / \ �'l,.• �j. \ ` -'''`l rte, f i , {,'�'S.! FEET ~- '�j�`•�, Jr FALL /WINDER 2003/2004 For updated construction information, please visit www.derwa.org. A& SAN RAMON VALLEY RECYCLED WATER PROCRAM t f} FACT S H E ET aa1 E PROJECT SCHEDULE FOR MORE INFORMATION Initial Phase To obtain further information, please visit Summer 2003 Design completed the project web site at www.derwa.org or contact any of the representatives below: Spring 2005 Construction completed Ingrid Norgaard Spring /Summer First recycled water San RamonValley Recycled Water Program 2005 delivered (925) 875 -2231 Lori Steere At East Bay Municipal Utility District (5 10) 287-1631 Sue Stephenson Dublin San Ramon Services District (925) 875 -2295 San Ramon Valley Recycled Water Program 7051 Dublin Blvd. Dublin, CA 94568 SAN RAMON VALLEY RECYCLED WATER PROGRAM All � FACT 5 H E ET Central Contra Costa Sanitary District November 26, 2003 File: 5246.5.1.1 TO: BOARD OF DI CTORS VIA: CHUCK BA ANN FARR BILL BRENNA FROM MICHAEL J. PENNY, SUBJECT: HISTORY OF MORAGA WAY CURED -IN -PLACE PIPE PROJECT The 2003 Cured -In -Place Pipe (CIPP) Project, D.P. 5246, continued the District's use of nonconventional technology for sewer repair; this project included the lining of sewer pipe at several sites. The major portion of the contract was on Moraga Way between Glorietta Boulevard and Buena Vista Drive in Orinda. Included in this part of the project was the internal reinstatement of seven laterals. This internal reinstatement method, versus excavation and reconnection, was selected to minimize the open -cut construction with associated traffic problems in Moraga Way. The contractor, Andes Construction, is a small contractor who has not done work for the District before this project. For various reasons, the contractor has taken longer than the contract schedule allowed to complete the work. The history of this contract is as follows: the preconstruction meeting was held on August 14, 2003. The City of Orinda issued their Encroachment Permit on August 29. The contractor started work on the temporary sewer bypass system on September 4, that diverted the upstream sewage flow by gravity into a parallel bypass sewer so the main section of the sewer line could be lined. The contractor submitted a schedule with the lining of Moraga Way to take place the week of September 22. The contractor inspected the sewer using TV and sent a request and proposal to do two point repairs on the sewer prior to lining. The District agreed that the two point repairs were necessary, and the City of Orinda gave its permission for the open -cut work in Moraga Way. The contractor completed the point repairs on September 20. The contractor then lined a storm drain on St. Stephens Drive in Orinda at the District's request on September 22. L : \BRENNAN\MEMOS\2003 \5246History to BOD.DOC Board of Directors Page 2 November 26, 2003 The contractor installed a gravity lateral bypass system that discharged into the downstream sewer for Moraga Way on September 25. Because of the delay with this project, the bypass sewer lines are still in use at this site. The contractor then moved to do CIPP work on Bancroft Road in Walnut Creek. The contractor moved back to the Moraga Way site on September13 to slip -line the sewer. The pipe lining was insufficiently cured due to boiler problems. The liner was re -cured on October 16 with sufficient boiler steam generation. The contractor worked on lining the Bancroft sewer on October 21. The contractor cut openings in the liner for the laterals in the Moraga Way sewer on October 24. The contractor requested a time extension to the contract until November 30 due to its specialty subcontractor being delayed on a project in Seattle, Washington, due to unusually heavy rains. The subcontractor will be installing a cured -in -place liner connection between the new liner and the existing laterals that extends approximately one foot into the lateral. The connection is called a "top -hat" because it looks like a top hat. It is believed that the specialty subcontractor is the only one on the west coast that does this type of work. It is the contractor's contention that there are no alternate systems or subcontractors to do this type of work. The District asked for additional backup for the time extension request. To date the District has paid Andes Construction $197,810 of a total contract price, including change orders, of $322.238.28. The District is currently holding $22,090 in retention. The liquidated damages amount for this project would be $250 /day. The District has not granted a time extension at this time, and the contractor has been informed that the District maintains the right to charge liquidated damages for failure to meet the time schedule starting November 3, 2003. As of November 25, 2003, Andes Construction states that the installation on Moraga Way will be completed on December 1, 2003. The value of the liquidated damages that could be assessed as of that date is $7,000. L : \BRENNAN \MEMOS\2003\5246History to BOD.DOC F CALIFORNIA ASSOCIATION of SANITATION AGENCIES ►25 L Street, Suite 1400 Sacramento, CA 95814 PH: (916) 446 -0388 — FX: (916) 448 -4808 vww.casaweb.org December 2, 2003 Via electronic mail TO: CASA MEMBER AGENCIES FROM: Mike Dillon, Executive Director Christina Dillon, Lobbyist RE: NEWS FROM THE CAPITOL CASA TESTIFIES AT SENATE LOCAL GOVERNMENT HEARING ON INTEGRITY AND GOVERNANCE OF SPECIAL DISTRICTS You will recall that in response to a Sacramento Bee expose highlighting the serious wrong -doing by several board members and staff of the Sacramento Suburban Water District, Senator Deborah Ortiz introduced SB 456, which, among other things, would have limited the compensation the Sacramento Suburban Water District can pay their Board of Directors to $1,000 per year. However, because the Senator feels that these issues extend beyond Sacramento Suburban, she would like to explore a broad approach to addressing necessary reforms for special districts, Senator Ortiz put her bill on hold in the Senate Local Government Committee. She then requested: 1) that an audit of Sacramento Suburban's financial statements and practices be conducted by the State Auditor (the findings of which will be available in December), and 2) that an Interim hearing be held in her district, under the guidance and purview of the Senate Local Government Committee. This Interim hearing was held last Monday, and CASA, along with other special district organizations, was invited to testify. The hearing was conducted by Senate Local Government Chair, Tom Torlakson, with committee members Senator Nell Soto and Senator Mike Machado also in attendance. Senator Ortiz was welcomed as a special invited member of the committee, and played a major role in posing questions to the witnesses and shaping the text of the hearing. In her opening statements, Senator Ortiz noted that she was "trying to find legislative solutions, but still allow local boards the rights to govem." She complimented Sac Suburban on some of the reforms they have made to date in the wake of discovering the improprieties of several of their board members and staff. She stated, "The challenge is to take those policies, and put them in state law." Senator Torlakson added that the committee will "publish a report, looking at reform ideas, and will compile bill ideas for next year." Senate Local Government Chief Consultant, Peter Detweder, produced a comprehensive background paper for the committee, and gave a detailed presentation on special districts, calling them the "least understood area of local government." He commented that many raise eyebrows over the total number of special districts in the state (3300), but added that in a state of 35 million people, it is all proportional, particularly since "the number of counties in California has stayed the Ensuring Clean Water For California same, the number of cities has increased, but the number of special districts has declined since Proposition 13." The first panelists included a former member of the Sacramento County Grand Jury, who reviewed the Sac Suburban case, and the Board President of the Sac Suburban Water District. Both gentlemen cited numerous examples of abuse by the board members and staff who were brought up on charges, such as inflating the number of `public" meetings to qualify for per diem, accepting ' large travel advances and either not refunding the difference or not taking the trip at all, golf green fees billed to the district, routing excessive overtime through accounts payable thus avoiding having to pay taxes on the extra wages, etc. The committee members appeared to focus early in several reform areas: What should constitute a "public meeting" for per diem purposes ?, Should per diem for agency directors be limited to "public noticed" meetings only? Who should a special district be accountable to when their audit is in question — e.g. the county supervisors, LAFCO, the State Auditor ?, Should there be protections for whistleblowers? The district auditor should present the annual audit at a public meeting, etc. CASA was part of the second panel, entitled "Special Districts' Responses." The panelists included David Aranda, the President of the Special District Leadership Foundation; William Miller, the President of CSDA; Bette Boatmun, the President of ACWA; Jeff Dubchansky, Recreation and Park Districts; William Hazeleur, President of the Mosquito and Vector Control Association of California, and Dewey Ausmus, Executive Director of the CA Association of Public Cemeteries. In my presentation as CASA's Executive Director, I focused on the tenets presented in CASA President John Coleman's speech "Keeping the Public Trust," that he delivered to our members at the CASA August Conference. I noted that the improper actions of any elected official, be they school board members, mayors, water boards, legislators, or county supervisors, "gives us all a black eye." I highlighted the reforms that CASA would support, as contained in the "Keeping the Public Trust! ' speech, including: 1) every agency must have proper accounting controls; an external auditor should review them regularly; 2) every agency should have clear descriptions of what types of expenses are reimbursable, 3) every agency should have open and public processes for discussing its business - CASA believes its members should review regularly, and carefully follow, the Brown Act, etc. In closing, I noted that the speech given by President Coleman in August, was so well received by our members that many requested copies, while others said they appreciated the "refresher course" on the subject matter, as a "good wake up call." I added that the reporter who covered the Sac Suburban issue for the Sacramento Bee, Mr. Tom Philp, will be speaking at our January Conference. After all of the special district representatives had concluded their remarks, Chairman Torlakson addressed all of us and thanked us for "our outstanding efforts." He then noted, "I appreciate Mr. Dillon bringing up the speech given at his conference. Can we get a copy of that ?" He added, "Mr. Dillon made an important point regarding the `black eye.' As we struggle with local budgets, whether there are bonds being placed before the voters, or taxes, this [Sac Suburban fall-out] paints us all with a negative brush, and doesn't give the locals the confidence to invest in bonds, taxes, infrastructure for transportation, etc. I commend you for the efforts you have made and the self - policing you have done." In a final panel on "Monitoring and Oversight," a representative from the Attorney General's Office noted that there is a Brown Act compliance pamphlet on their website that may be downloaded. He added that his office has the authority to assess civil penalty fines of $1000 a day for violating the unlawful use of public resources, but under criminal penalties he can "send someone to prison for four years for misuse of public funds." Nancy Lyons, the Deputy Executive Director of the Little Hoover Commission, reviewed some of the highlights from their May 2000 report on special districts which included: 1) "The need for more transparency." 2) "Board member behavior and the role of compensation." 3) "Reserves are thought to be excessive." 4) "Should property taxes to enterprise districts be reviewed ?" 5) "Oversight of locals by locals, really is best." In closing, Senator Ortiz announced a series of suggested areas of reform that she will be working on during the next legislative session: • ETHICS: a) support training efforts such as the Special District Leadership Foundation model, b) whistleblower protections. • COMPENSATION: a) clearly want established guidelines on per diem/stipends, b) consider allowing per diem only for "public noticed" meetings. • AUDIT AND ACCOUNTABILITY: a) outside audits to verify compliance, b) once the audit is completed, share it with the city council, county supervisors, LAFCO, etc., c) change auditors every few years, d) penalize auditors for non-compliance (professional standards), e) auditor should report any wrongdoing to the State Controller. • DIRECTORS BENEFITS: a) expose efforts to create JPA's or PARS systems for retirement benefits to get around current law. CASA will continue working with Senator Ortiz and the members of the Senate Local Government Committee as legislation on these subjects takes shape in early 2004. I I 2003 LAW SEMINAR: DEVELOPMENTS IN CLEAN WATER LAW A Seminar for Public Agency Attorneys & Managers INDEX GENERAL INFORMATION .......................... Program Agenda CLE Information Participants List Acronym List WEDNESDAY NOVEMBERS 2003 Tab .........1 OPENING /CLOSING REMARK SPEAKERS ......................................................... ............................... 2 CSOs, SSOs, BLENDING, AND STORM WATER ..... F. Paul Calamita Michele P16 Lisa E. Hollander David W. Burchmore David R. Williams Melissa Thorme ....................................... ............................... 3 LUNCHEON KEYNOTE ADDRESS - WET WEATHER: A REGIONAL PERSPECTIVE .................... 4 Ken Kirk William Anderson TMDLs: A STATUS REPORT AND EMERGING TRENDS ...................................................................... ..............................5 David A. Katz Roberta Larson James S. Alves Fredric P. Andes Lisa Bacon MINI - WORKSHOP - COMMUNICATING WITH THE PUBLIC: SKILLS FOR ATTORNEYS .................6 Ann Terranova THURSDAY, NOVEMBER 6, 2003 TURNING NO INTO YES: SURVIVING ANTIDEGRADATION AND ANTIBACKSLIDING REVIEWS ........... ..............................7 Kari Evans James B. Meyer THE TOP 10 CLEAN WATER ACT CASES FOR 2002 -2003 Susan Maclntyre DIGGING YOUR WAY THROUGH CONSTRUCTION .................................... ..............................9 William B. Schatz Thomas L. Woodruff Laurie Horridge Christopher Westhoff Nancy C. Kurtz LUNCHEON ADDRESS -THE COMPREHENSIVE EVERGLADES RESTORATIONPLAN ........ 10 Lisa E. Hollander John J. Fumero FEDERAL & STATE POTW ENFORCEMENT: WHERE ARE WE HEADED? . .............................11 Susan Myers James J. Dragna Peter P. Murphy Terry J. Satterlee CITIZENS V. UTILITIES: LITIGATION TRENDS .................................................... .............................12 Timothy P. Stranko James B. Slaughter Gerald P. Linder James E. Nutt FRIDAY, NOVEMBER 7, 2003 MANAGING WHOLE EFFLUENT TOXICITY LIMITS IN YOUR PERMITS . .............................13 Robert C. Weaver David E. Evans Steven J. Levitas Sharon Green HARNESSING THE POWER OF INFORMATION AND SCIENCE: USING THE INFORMATION QUALITY ACT TO YOUR ADVANTAGE ........... 14 Terry F. Quill ENVIRONMENT ETHICS FOR PUBLIC AGENCY ATTORNEYS .................... .............................15 Howard Lenard