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
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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�
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FROM: JARRED MIYAMOTO- MILLS, PRINCIPAL ENGINEER
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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.
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Attachment
cc: Joyce Murphy
TAAdmin\Miyamoto- MiIIs\Rea1 Property\Revised PP Attach 12- 04- 2003.doc
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ACCEPTANCE OF EASEMENT DEDICATION
SUB 8029, JOB 5350 - PARCEL 2
Rev. 12-03-03
3.a. CONSENT CALENDAR
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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.
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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
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Sanitary District EASEMENT LOCATION MAP Exhibit
ROSSMOOR SEWER IMPROVEMENT PROJECT
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- 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.--
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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
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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.
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DP 5448 Fee Parcel
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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
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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
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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
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` Activities Since Ordinance Approval
"r Pipeline article
OFD giveaway program
�4
OFD flyer
Information on website
t' Participation in ABAG OFD outreach
Outreach to realtors & home inspectors
i,.
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
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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.
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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
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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
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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
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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