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Home My WebLink About5/5/2005 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 5, 2005 Type of Action: ADOPT RESOLUTION No.: 3.a. CONSENT CALENDAR Subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FROM JOHN WAI YING YEE AND MAYMIE NG YEE FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION MS 856 -97 IN THE TOWN OF DANVILLE (JOB 5439) Submitted By: Initiating Dept. /Div.: John Mercurio, Management Analyst Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: �'V% 4-1M ACV J. Mercurio Swanson A. Farrell Charl s W. Batts, w General Manager 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 acceptances 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 MS 856 -97 that is required for a recent public sewer extension off Hidden Hills Place and Lawrence Road in the Town of Danville (as shown on Attachment 1). Staff has reviewed the final subdivision map, inspected the public sewer improvements and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job 5439 public sewer improvements and an offer of dedication from John Wai Ying Yee and Maymie Ng Yee for an easement shown on the recorded final map of Subdivision MS 856 -97 in the Town of Danville and authorizing staff to record the easement acceptance with the Contra Costa County Recorder. Page 1 of 2 WPosition Papers \Mercurio \5439 AcceptSubMap -Yee PP.doc rage c or Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 5, 2005 Type of Action: ADOPT RESOLUTION No.: 3.b. CONSENT CALENDAR subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND AN OFFER OF DEDICATION FROM MARK A. SCOTT AND GRANT A. CODY FOR EASEMENTS SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION MS 853 -99 IN THE TOWN OF DANVILLE (JOB 5698) Submitted By: Initiating Dept. /Div.: John Mercurio, Management Analyst Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: 44"g=" )� �Ipv W� -I-, iv� y)- ;e-', J. Mercurio y C. Swanson A. Farrell es W. Ba , 1%, General Manager 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 acceptances 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 easements shown on the recorded final map of Subdivision MS 853 -99 that are required for a recent public sewer extension in El Pintado in the Town of Danville (as shown on Attachment 1). Staff has reviewed the final subdivision map, inspected the public sewer improvements and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job 5698 public sewer improvements and an offer of dedication from Mark A. Scott and Grant A. Cody for easements shown on the recorded final map of Subdivision MS 853 -99 in the Town of Danville and authorizing staff to record the easement acceptances with the Contra Costa County Recorder. Page 1 of 2 UAPosition Papers \Mercurio \5698 AdoptReso -Scott-Cody PP.doc ii / o / v . Central Contra Costa Sanitary District Q`�OJ a RD C SITE,,__; DANVILLE LOCATION MAP N. T. S. V� r N I `�1 VICTORIAN L LN EL PINTA O HEIGHTS D ACCEPTANCE OF EASEMENT DEDICATION MS 853 -99 JOB 5698 rage c OT c Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 5, 2005 No.: 3.c. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS AND OFFERS OF DEDICATION FROM SHAPELL INDUSTRIES, INC. FOR EASEMENTS SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION NO. 8690 IN THE SAN RAMON AREA (JOB 5735) Submitted By: Initiating Dept /Div.: John Mercurio, Management Analyst Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: J. A Mercurio M. C. Swanson A. Farrell Cliailes W. Batts, General Manager 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 offers of dedication, and authorizing staff to record the easement acceptances 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 easements shown on the recorded final map of Subdivision No. 8690 that are required for a recent public sewer extension off Bollinger Canyon Road in the San Ramon area (as shown on Attachment 1). Staff has reviewed the final subdivision map, inspected the public sewer improvements and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting Job 5735 public sewer improvements and offers of dedication from Shapell Industries, Inc. for easements shown on the recorded final map of Subdivision No. 8690 in the San Ramon area and authorizing staff to record the easement acceptances with the Contra Costa County Recorder. U: \Position Papers \Mercurio \5735 AcceptSubMap.doc Page 1 of 2 4 3 W LEGEND: —e— EXISTING SEWER —.o- NEW SEWER SUB BOUNDARY EASEMENT AREA Central Contra Costa Sanitary District Ph'] DANVILLE ~"'- -- CAMINO TA! fDOUGHERTY RD RD SITE SAN RAMON LOCATION MAP Q N. T. S. V � > f 1 1 1 i C.) 1 i o uj S2 4 6 d m JAPONICA 11 WAY ACCEPTANCE OF EASEMENT DEDICATION SUBDIVISION 8690 JOB 5735 Attachment Page 2 of 2 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 5, 2005 No.: 3.d. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT WORK subject: ACCEPT CONTRACT WORK FOR THE RECYCLED WATER CUSTOMER CONNECTIONS CONTRACT, BID REQUEST NO. 018826, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating DeptJDiv.: Don Berger, Associate Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: �. pB Ail � U D. Berger R. Schmidt . Swanson A. Farrell Cha es W. Batts, General Manager ISSUE: All contract work has been completed on the Recycled Water Customer Connections Contract, Bid Request No. 018826, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Recycled Water Customer Connections Contract, Bid Request No. 018826, and authorize filing the Notice of Completion. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is advisable under the California Civil Code, Section 3090. BACKGROUND: In May 1997, the District -received approval from the Regional Water Quality Control Board for the District's Zone 1 — Pleasant Hill Recycled Water Project (DP 7167). The Zone 1 project consists of providing recycled water to landscape irrigation customers in the Pleasant Hill area and portions of Martinez and Concord. A recycled water distribution mainline was constructed as part of the Pleasant Hill Relief Interceptor Project to take advantage of cost savings opportunities realized through joint pipeline projects. Individual customer connections to the recycled water system have generally been completed under separate construction contracts as new customers are signed onto the recycled water program. On February 17, 2000, the Board of Directors authorized the award of a blanket contract to D.R. Lemings Construction for construction of a new group of recycled water connections for the Zone 1 - Pleasant Hill Recycled Water Project. The Notice to Proceed was issued on May 8, 2000, and all work was completed on January 5, 2005. The total contract amount was $392,447. Attachment 1 shows the District's recycled water system and the connections completed under this contract. D.R. Lemings was also utilized under this contract to perform repairs and miscellaneous improvements to U: \Position Papers \Berger\Recycled Water - Lemings PP.DOC Page 1 of 3 POSITION PAPER Board Meeting Date: May 5, 2005 subject. ACCEPT CONTRACT WORK FOR THE RECYCLED WATER CUSTOMER CONNECTIONS CONTRACT, BID REQUEST NO. 018826, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION the District's recycled water distribution system until the Contra Costa Water District was retained to handle the maintenance and repair work. RECOMMENDED BOARD ACTION: Accept the contract work for the Recycled Water Customer Connections Contract, Bid Request No. 018826, and authorize filing the Notice of Completion. Page 2 of 3 UAPosition Papers0ergerRRecycled Water - Lemings PP.DOC II \ �� %, MALTBY PUMP STATION HENRY'S WOOD FARM g f 1 � r II CREW � (NT.S.) CC TOIL U C P. ID Y 1 12.E R D CC a I v BUCH F DS GOLF LF C OUR / C S 1 Ih II I11 f �h / �;, S Goa ✓� I CZ L COSTA II PT AN `e, �C, � _ HILPNGO \ A q \'> � ..... — � . Ito a I I r— fi I„ FEET EXISTING RECYCLED WATER SYSTEM o wiii� awl I l I CL 114L. LCVGIVV I! ii Io jl7 it L_ 1 y EXISTING ■D. R. LEMINGS CONNECTIONS •OTHER CUSTOMER II_IIJI III LOCATIONS v EXISTING SHELL PIPE �(( --- CCWD /EBMUD BOUNDARY (APPROXIMATE.) �� J I -MOO 06:26 k:A SpdmapS\ rnappingVecwaAboard_ new- ine.dgn 4' REW DVC--*'• CAMPUS VIEW & DVC E PARK P.H. CORP. • YARD 0GERE 4 47 BLVD ii BLVD Jv _._ I ,I Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 5, 2005 No.: 3.e. CONSENT CALENDAR Type of Action: SET PUBLIC HEARING DATE Subject: SET PUBLIC HEARINGS ON JUNE 2, 2005, TO RECEIVE PUBLIC COMMENT ON THE 2005 -2006 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF - INSURANCE FUND BUDGET AND ON THE COLLECTION OF CURRENT SEWER SERVICE CHARGES AND PRIOR YEAR DELINQUENT CHARGES BY PLACING THEM ON THE COUNTY TAX ROLL Submitted By: Initiating Dept. /Div.: Debbie Ratcliff, Controller Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION: ' 1 - 0*9 "'AL l /^ R. Musgraves C ar 's W. Batts, General Manaaer ISSUE: The District Code and State of California law require holding Public Hearings for placing the 2005 -2006 Sewer Service Charges and prior year delinquent charges on the County tax roll for collection. Although not required by law, the District holds a public hearing to receive public comment on the 2005 -2006 Operations and Maintenance Budget and the Self- Insurance Fund Budget. RECOMMENDATION: Authorize a public notice to set public hearings on June 2, 2005, to receive public comment on the collection of Sewer Service Charges and prior year delinquent charges by placing them on the County tax roll, and to receive public comment on the 2005 -2006 Operations and Maintenance Budget and Self- Insurance Fund Budget. FINANCIAL IMPACTS: At the April 7, 2005 Board Meeting, the Board voted to defer the Sewer Service Charge increase for 2005 -2006 which was previously approved on June 3, 2004, by Ordinance No. 232. Revenues will decrease by approximately $1.3 million for fiscal year 2005 -2006, and all future years where this increase continues to be deferred. ALTERNATIVES /CONSIDERATIONS: In regard to the collection of Sewer Service Charges, the Sewer Service Charge could be collected through direct billings by the District. However, this would require additional labor and benefit costs. The Sewer Service Charge has been collected on the County tax roll since the inception of the service charge in 1976. Staff believes that collection on the tax roll provides the most economical and efficient means for the District to collect these charges. Page 1 of 3 S:WDMIN \POSPAPER \Set Public Hearing 05- 05- 05.doc POSITION PAPER Board Meeting Date: May 5, 2005 Subject SET PUBLIC HEARINGS ON JUNE 2, 2005, TO RECEIVE PUBLIC COMMENT ON THE 2005 -2006 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF - INSURANCE FUND BUDGET AND ON THE COLLECTION OF CURRENT SEWER SERVICE CHARGES AND PRIOR YEAR DELINQUENT CHARGES BY PLACING THEM ON THE COUNTY TAX Rni I BACKGROUND: At the Board meeting on April 7, 2005, the Board considered the implementation or deferral of an $8 increase in the Sewer Service Charge rate for fiscal year 2005 -2006 which was previously approved on June 3, 2004, in Ordinance No. 232. The motion to defer an increase in the Sewer Service Charge rate was passed by majority vote. It is required by law to hold Public Hearings to receive public comment on collecting Sewer Service Charges and prior year delinquent charges by placing them on the County tax roll. This hearing is typically held during the Board Meeting at which the Operations and Maintenance Budget is presented for approval. Approval of the 2005- 2006 Operations and Maintenance Budget and Self- Insurance Fund Budget is scheduled for the Board meeting on June 2, 2005. RECOMMENDED BOARD ACTION: Authorize a public notice to set public hearings on June 2, 2005, to receive public comment on the collection of Sewer Service Charges and prior year delinquent charges by placing them on the County tax roll, and to receive public comment on the 2005 -2006 Operations and Maintenance Budget and Self - Insurance Fund Budget. SAADMINTOSPAPEMSet Public Hearing 05- 05- 05.doc Page 2 of 3 NOTICE OF PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE 2005 -2006 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF- INSURANCE FUND BUDGET, AND INTENT TO COLLECT 2005 -2006 SEWER SERVICE CHARGES AND PRIOR YEAR DELINQUENT CHARGES ON TAX ROLL AND THE FILING OF REPORT UNDER SECTIONS 5470 - 5475.10 OF THE HEALTH AND SAFETY CODE NOTICE IS HEREBY GIVEN THAT: The Board of Directors of the Central Contra Costa Sanitary District (District) at their regular meeting at 2 p.m. on June 2, 2005 in the Meeting Room of the District Office, 5019 Imhoff Place, Martinez, California, will hold Public Hearings to consider collection of the 2005 -2006 Sewer Service Charges on the County tax roll, to receive and consider protests to having delinquent Sewer Service Charges collected on the County tax roll, and to receive public comment on the 2005 -2006 Operations and Maintenance Budget and Self- Insurance Fund Budget. State and Federal governments require that Operations and Maintenance expenses of the District be collected through a direct charge to the users. The District has designated this charge as a "Sewer Service Charge." An Ordinance providing for these charges and the Resolution directing collection of the 2005 -2006 charges on the County tax rolls are on file at the District offices. A public hearing will be held to receive public comment on the 2005 -2006 Operations and Maintenance Budget and Self- Insurance Fund Budget. A second public hearing will be held on the collection of 2005 -2006 Sewer Service charges and prior year delinquent charges on the County tax roll, at which time the Board of Directors will receive and consider all protests to the proposed method of collecting the charges. A written report has been prepared and filed with the Secretary of the District containing descriptions of each parcel of real property for which Sewer Service Charges are delinquent. SAADMIMPOSPAPEMSet Public Hearing 05- 05- 05.doc Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 5, 2005 No' 5 . a . BIDS AND AWARDS Type of Action: AUTHORIZE AWARD subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KAWEAH CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE TREATMENT PLANT PROTECTIVE COATINGS AND PIPING RENOVATIONS, PHASE 3, DISTRICT PROJECT 7233 Submitted By. Initiating Dept. /Div.: Gary E. Rathunde, Engineering /Capital Projects Associate Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: BIT U5 G. Rathunde B. Than B. Brennan A. Farrell Cha es W. Batts, General Manager ISSUE: On April 19, 2005, a sealed bid was received and opened for the Treatment Plant Protective Coating and Piping Renovations, Phase 3, District Project 7233. The Board of Directors must authorize award of the contract or reject the bid within 50 days of the bid opening. RECOMMENDATION: Authorize award of a construction contract to Kaweah Construction Company. FINANCIAL IMPACTS: Approximately $1,812,000 including bid price, contingency and construction management. ALTERNATIVES /CONSIDERATIONS: Authorize award of a construction contract. The alternative would be to reject the bid, which is not recommended. BACKGROUND: The original treatment plant was built in the late 1940s. Since then, there have been multiple additions and expansions, such as that in the late 70s. Much of the process infrastructure is over 29 years old. Unfortunately, limited coating or repainting has occurred over the lifetime of the treatment plant. Previously, coating of equipment would sometimes be incorporated into current projects being completed, but it was not guaranteed. Due to corrosion of the facilities, proper coating and protection is needed to reduce deterioration. The first and second phases of the Treatment Plant Protective Coating and Piping Renovations Projects (DPs 7212 and 7221) identified structures, vessels, piping and equipment throughout the plant with deteriorating conditions and in -need of surface rehabilitation or replacement. In Phase 1, two secondary clarifiers, two 24 -inch steel L: \Position Papers \Rathunde \7233 Award.DOC Page 1 of 7 4/26/2005 5:21 PM POSITION PAPER Board Meeting Date: May 5, 2005 Subject AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KAWEAH CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE TREATMENT PLANT PROTECTIVE COATINGS AND PIPING RENOVATIONS, PHASE 3, DISTRICT PROJECT 7233 aeration pipes, the denitrification tank channel, the sludge blending tanks and all non - fiberglass piping and equipment at the Solids Conditioning Building's Odor Control Unit were rehabilitated. In Phase 2, protective coatings were applied to four secondary clarifiers, the fuel oil storage tanks, and piping at the filter plant. Additionally, four 24 -inch aeration headers were tape wrapped to extend their useful life, an air gap tank was replaced, and construction and expansion joints in the A/N Tanks were sealed. This project is part of the long -term protective coating program for the treatment plant. Attachments 1A and 1 B show the locations of the project work. District staff produced plans and specifications for this project. The engineer's pre -bid estimate for the construction cost was $1,050,000. The project was advertised on March 25 and 30, 2005. One (1) bid for $1,348,000 was received and publicly opened on April 19, 2005. A summary of this bid is shown on Attachment 2. The bid was from Kaweah Construction Company. Thirty two (32) contractors received plans and specifications for this project (out of a total of 79 plan holders). Staff had been in contact with three general contractors who intended to bid on this project up until the day before the bid opening. However, one of the three potential bidders had to withhold their bid due to the exhausting of their bid bond capacity caused by bidding other projects, and the second failed to compile the necessary paper work in time for the bid opening. The remaining bidder, Kaweah Construction Company, has worked successfully for the District for many years and was the low bidder on the two previous protective coating projects and both projects were successfully completed. Although this bid was higher than the engineer's estimate, staff does not recommend rebidding this work for the following reasons: 1) a review of the bid indicated that the engineer's estimate was low, 2) the project schedule to complete all of the work prior to the wet weather season is very constrained, and 3) rebidding the work will further shorten the project schedule and there is no guarantee that additional bids will be lower than the one the District received. District staff will perform construction management, inspection, and construction contract administration. However, staff recommends that additional technical inspection of the surface preparation and coating application be conducted by KTA Tator, Inc. Staff will negotiated a contract with KTA Tator, Inc., not to exceed $10,000. The allocation of funds required to complete this project, as shown in Attachment 3, is $1,812,000. The Treatment Plant Protective Coating and Piping Renovations, L: \Position Papers \Rathunde \7233 Award.DOC Page 2 of 7 4/27/2005 8:25 AM POSITION PAPER Board Meeting Date: May 5, 2005 subject AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KAWEAH CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE TREATMENT PLANT PROTECTIVE COATINGS AND PIPING RENOVATIONS, PHASE 3, DISTRICT PROJECT 7233 Phase 3, is included in the 2004 -2005 Capital Improvement Budget on pages TP -90 through TP -92. Staff has determined that there are adequate funds in the Capital Improvement Budget and Plan for this project. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15301, since it involves repairs to an existing sewage facility with no increase in capacity. Approval of this award establishes the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Authorize award of a construction contract in the amount of $1,348,000 for the Treatment Plant Protective Coating and Piping Renovations, Phase 3, DP 7233, to Kaweah Construction Company, the lowest responsible and responsive bidder. L: \Position Papers \Rathunde \7233 Award.DOC Page 3 of 7 4/27/2005 8:25 AM 0 0 150 900 FEET AREA 2 AERATION BASINS \ AREA 4� rSTATION 52 AREA 10 - PUMP & BLOWER S / O 7 /A H i �i 1 REA 5- SUBSTATION 73 AREA 8 - SLUDGE CONTROL BLDG. / AREA 6 - .SUBSTATION 81 H H Central contra Costa Sanitary District TREATMENT PLANT PROTECTIVE COATING Attachment AND PIPING RENOVATIONS, PHASE 3 ' District Project 7233 1A Project Area Locations V Page 4 of 7 o' �I AREA 11 - DRAINAGE SUMP & PIPELINE AREA 3 - SUBSTA71ON 40 0 150 900 FEET / / Central Contra Costa TREATMENT PLANT PROTECTIVE COATING attachment Sanitary District AND PIPING RENOVATIONS, PHASE 3 District Project 7233 B Project Area Locations v Page 5 of 7 ATTACHMENT 2 TREATMENT PLANT PROTECTIVE COATINGS AND PIPING RENOVATIONS, PHASE 3 DISTRICT PROJECT NO. 7233 SUMMARY OF BIDS PROJECT NO.: 7233 DATE: APRIL 19, 2005 PROJECT NAME: TP PROTECTIVE COATINGS AND PIPING RENOVATIONS PHASE 3 LOCATION: MARTINEZ, CALIFORNIA ENGINEER EST.: $1,050,000 No BIDDER Name & address BID PRICE 1 Kaweah Construction Company 3410 Industrial Boulevard, Suite 102 West Sacramento, CA 95691 $1,348,000 2 3 4 5 BIDS OPENED BY /s/ Elaine Boehme DATE April 19, 2005 L: \Position Papers \Rathunde \7233 Award.DOC Page 6 of 7 4/26/2005 5:21 PM ATTACHMENT 3 TREATMENT PLANT PROTECTIVE COATING AND PIPING RENOVATIONS PROJECT, PHASE 3 DISTRICT PROJECT NO. 7233 POST - BID / PRE - CONSTRUCTION ESTIMATE % of No. Item Description Amount Estimated Construction Cost 1 CONSTRUCTION a. Construction Contract $1,348,000 b. Contingency at 20% $270,000 TOTAL CONSTRUCTION $1,618,000 100% 2 CONSTRUCTION MANAGEMENT BY DISTRICT STAFF a. District Forces - Construction Management and Inspection $204,000 - Project Engineering /Operations Department $30,000 SUBTOTAL $234,000 14% b. Consultants - KTA Tator, Inc. $10,000 SUBTOTAL $10,000 1% TOTAL CONSTRUCTION MANAGEMENT $244,000 15% 3 TOTAL CONSTRUCTION PHASE COST $1,862,000 115% 4 TOTAL PREBID EXPENDITURES $50,000 3% 5 TOTAL DESIGN AND CONSTRUCTION MANAGEMENT COST $294,000 18% 6 TOTAL ESTIMATED PROJECT COST $1,912,000 118% 7 FUNDS AUTHORIZED TO DATE $100,000 8 ADDITIONAL ALLOCATION NEEDED TO COMPLETE PROJECT $1,812,000 Page 7 of 7 HEARING TO DETERMINE RESPONSIVENESS OF AEI CONSULTANT'S BID ON THE CSOD UNDERGROUND STORAGE TANK REMOVAL PROJECT (DP 8212) SUGGESTED AGENDA May 5, 2005 1. Request Staff Report 2. Review of Hearing format and rules by Board President 3. Hearing A. Open Hearing. B. Receive comments: (1) AEI Consultants (2) Paradiso Mechanical, Inc. (3) Staff analysis and recommendation (4) Closing comments and rebuttal by AEI Consultants, Paradiso Mechanical, Inc., and staff. C. Close Hearing 4. Discussion 5. Board decision of responsiveness 6. Return to regular Agenda to consider Award of Contract. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 5, 2005 No.: 5.b. BIDS AND AWARDS Type of Action: RESPONSIVENESS HEARING /AUTHORIZE AWARD Subject: CONSIDER RESPONSIVENESS OF BID SUBMITTED BY AEI CONSULTANTS AND CONSIDER AUTHORIZING AWARD OF CONSTRUCTION CONTRACT FOR THE CSOD UNDERGROUND STORAGE TANK REMOVAL, DISTRICT PROJECT NO. 8212 Submitted By: Initiating Dept /Div.: Tom Godsey, Associate Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION. �^ rl, Z T. Godsey ilecki . B nan A. Farrell Charts W. Batts, General Manager ISSUE: On April 19, 2005, sealed bids were received and opened for the construction of the CSOD Underground Storage Tank Removal, District Project No. 8212. The Board of Directors must authorize award of the contract or reject bids within 50 days of the bid opening. RECOMMENDATION: Conduct a responsiveness hearing on the bid submitted by AEI Consultants. Declare bid submitted by AEI Consultants as non - responsive and authorize award of a construction contract to Paradiso Mechanical, Inc. FINANCIAL IMPACTS: If the project is awarded to AEI Consultants, the estimated total project costs are approximately $190,100, including design, bid price, contingency and construction management. The estimated total project costs are approximately $196,000 if Paradiso Mechanical, Inc. is awarded the project. ALTERNATIVES /CONSIDERATIONS: The Board has the following three options to consider: 1) Declare the bid of AEI Consultants to be responsive and award the construction contract to AEI Consultants as the lowest responsive bidder; or 2) Declare the bid of AEI Consultants to be nonresponsive, and award the construction contract to Paradiso Mechanical, Inc. as the lowest responsive bidder; or 3) Reject all bids (not recommended due to time constraints). BACKGROUND: The CSOD Fuel System consists of two underground storage tanks, underground piping, and a fuel dispensing system. Operation of the facility ceased in September 2003 due to deficiencies in the system that were not upgraded to comply with new regulations. This project would remove the two underground storage tanks, the existing fuel pumps, and associated piping (see Attachment 1 for an aerial view of L: \Position Papers \Godsey \8212 #2.DOC Page 1 of 13 POSITION PAPER Board Meeting Date: May 5, 2005 subject: CONSIDER RESPONSIVENESS OF BID SUBMITTED BY AEI CONSULTANTS AND CONSIDER AUTHORIZING AWARD OF CONSTRUCTION CONTRACT FOR THE CSOD UNDERGROUND STORAGE TANK REMOVAL, DISTRICT PROJECT NO. 8212 the corporation yard). Contra Costa County Health Services has issued a temporary closure permit for the fueling system and requires that the existing tanks be removed by September 2005. CSO will continue to use a contract fueling service. Plans and specifications for this project were produced by RHL Design Group, Inc. and District staff. The Engineer's estimate for the CSOD Underground Storage Tank Removal is $150,000. This project was advertised on April 4 and 11, 2005. Four (4) sealed bids ranging from $119,120 to $147,830 were received and publicly opened on April 19, 2005. A summary of bids received is shown in Attachment 2. The apparent lowest responsible bidder is AEI Consultants and the bid amount is $119,120. The Engineering Department conducted a technical and commercial review of the bid submitted by AEI Consultants. The bid submitted by AEI Consultants on April 19, 2005 did not contain bid security. The Instruction to Bidders in the project document states that "no bid will be considered unless it is accompanied by bid security in the form of a certified check or a cashier check ..." Staff considers the lack of bid security as a material variance. Staff informed AEI Consultants on April 19, 2005 that staff would be recommending to the Board to declare the bid submitted by AEI Consultants as nonresponsive and would be recommending award to the next lowest responsive bidder. On April 22, 2005, AEI Consultants hand delivered a letter to the District protesting staffs position, claiming that an inadvertent and immaterial error occurred when reassembling the Volume 1 Bid Document that resulted in the omission of their bid bond (Attachment 3). The letter submitted by AEI Consultants included a copy of their bid bond dated April 19, 2005. The bid bond attached to their letter was incomplete, lacking authorized signatures. The bid, submitted by AEI Consultants, is also non - compliant with the requirements of the California Labor Code, Section 6707. This section requires any agency that issues a call for bids for the construction of a pipeline, sewer, sewage disposal system, boring or jacking pits, or similar trenches or open excavations, which are 5 feet or deeper, to specify that each bid submitted shall contain, as a bid item, adequate sheeting, shoring and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. The bid submitted by AEI Consultant had "N /A" inserted for the lump sum price for the bid item for sheeting and shoring (Attachment 4). Prior to considering resolution of this dispute, it is appropriate for the Board to conduct a hearing on the issue of responsiveness in order to receive information from the interested parties. Both AEI Consultants and Paradiso Mechanical, Inc. have been informed of the hearing process and possible award decision by the Board of Directors. LAPosition Papers \Godsey \8212 #2.DOC Page 2 of 13 POSITION PAPER Board Meeting Date: May 5, 2005 subject: CONSIDER RESPONSIVENESS OF BID SUBMITTED BY AEI CONSULTANTS AND CONSIDER AUTHORIZING AWARD OF CONSTRUCTION CONTRACT FOR THE CSOD UNDERGROUND STORAGE TANK REMOVAL, DISTRICT PROJECT NO. 8212 Bid proposals may be rejected by the Board on the grounds of lack of responsiveness if there are variances from the Contract Documents that are determined by the Board to be material. The Board has the following three options: 1) Declare the bid of AEI Consultants to be responsive, and award the construction contract to AEI Consultants, as the lowest responsive bidder; or 2) Declare the bid of AEI Consultants to be nonresponsive, and award the construction contract to Paradiso Mechanical, Inc., as the lowest responsive bidder; or 3) Reject all bids (this is not recommended due to time constraints). In evaluating Options 1 and 2, the Board needs to determine whether the irregularities in AEI Consultant's bid are material or nonmaterial variances. The Board has the right, as the interest of the District may require, to reject any or all bids and to waive any nonmaterial irregularities in bids received. If the Board determines that the bid of AEI Consultants is nonresponsive and is rejected, staff has conducted a technical and commercial review of the remaining bids and determined that the second lowest bidder, Paradiso Mechanical, Inc., is the lowest responsive, responsible bidder. The bid submitted by Paradiso Mechanical, Inc. has no variances. The District will administer the construction contract and will provide contract administration, inspection, survey, office engineering, and submittal review. The funds required to complete this project (assuming award to Paradiso Mechanical, Inc.), as shown in Attachment 5, are $176,000. The total cost of CSOD Underground Storage Tank Removal is anticipated to be $196,000. This project is included in the fiscal year 2004 -2005 Capital Improvement Budget (CIB) on pages GI -14 to GI -15. Staff has conducted a cash flow analysis of the Sewer Construction Fund and concluded that adequate funds are available for this project. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15301, since it involves only alterations of existing facilities with negligible or no expansion of capacity. Authorization of the construction contract for this project will establish the Board of Directors' independent finding that the project is exempt from CEQA. LAPosition Papers \Godsey \8212 #2.DOC Page 3 of 13 POSITION PAPER Board Meeting Date: May 5, 2005 subject: CONSIDER RESPONSIVENESS OF BID SUBMITTED BY AEI CONSULTANTS AND CONSIDER AUTHORIZING AWARD OF CONSTRUCTION CONTRACT FOR THE CSOD UNDERGROUND STORAGE TANK REMOVAL, DISTRICT PROJECT NO. 8212 RECOMMENDED BOARD ACTION: Conduct a responsiveness hearing on the bid submitted by AEI Consultants. Declare the bid submitted by AEI Consultants as nonresponsive. Authorize award of a construction contract in the amount of $123,686 for the CSOD Underground Storage Tank Removal, District Project No. 8212, to Paradiso Mechanical, Inc. the lowest responsive bidder. LAPosition Papers \Godsey \8212 #2.DOC Page 4 of 13 k S M" Y J Y 1Y b. sL �S a1' e h It Nmi 1 • ,� ,t�; r�' ��.: g Via• �� ,: r I " f ,,, Or r , 1 r *sy . dk W.'1 . 4tb n ,} API oll Avq t {$ _ a T d,^yiu, a ! ♦1��T� �� = j i "5'a 4 4 ATTACHMENT 2 CSOD UNDERGROUND STORAGE TANK REMOVAL DISTRICT PROJECT NO. 8212 SUMMARY OF BIDS PROJECT NO.: 8212 DATE: APRIL 19, 2005 PROJECT NAME: CSOD UNDERGROUND STORAGE TANK REMOVAL LOCATION: 1250 SPRINGBROOK ROAD WALNUT CREEK CALIFORNIA ENGINEER EST.: $150,000 No BIDDER BID PRICE Name & address 1 AEI Consultants 2550 Camino Diablo, Suite 200 $119,120* Walnut Creek, CA 94597 -3940 2 Paradiso Mechanical 2600 Williams Street $123,686 San Leandro, CA 94577 Delta Oilfield Services, Inc. 3 P.O. Box 1675 $129,742 Woodland, CA 95776 AES Enterprises, Inc. 4 P.O. Box 937 $147,830 Brentwood, CA 94513 BIDS OPENED BY /s/ Elaine R. Boehme * No Bidder's Bond was submitted. DATE April 19, 2005 LAPosition Papers \Godsey \8212 #2.DOC Page 6 of 13 ATTACHMENT 3 2500 Camino Diablo, Suite 200, Walnut Creek, CA 94597 . Phone: (925) 283 -6000 Fax: (925) 944 -2895 April 20, 2005 Ms. Elaine Boehme Secretary of the District Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez, Califomia RE: District Project No. 8212 Bid Protest Dear Ms. Boehme, Please consider this as a formal protest to the award of the above referenced specification. The essential basis of the protest is that we made and innocent and immaterial error in complying with the specification. In Part II of the Specification entitled Instructions To Bidders, Item 1' Preparation and Submission of Bids, Second paragraph states in part "... All bid forms shall remain intact in Volume 1 when bids are submitted. Bid Documents, shall be submitted in its entirety in a sealed envelope as provided for herein below.... ". Additionally, Part III, Section 7 Bidder's Bond is a unique and specific form for the bid bond. To comply with the specification calls for removal of the required forms for submittal to the Surety and re- insertment the Volume I bid document. Typical submittal procedures are for the potential supplier to create a separate response package incorporating the requested documents. An inadvertent innocent and immaterial error occurred when re- assembling the Volume I Bid Document by the omission of our bid bond. Notwithstanding Part II Instructions To Bidders, Section 1 Rnaration and Submission of Bids. Paragraph 4, which states in part (Partial or incomplete bids will not be considered. Bids shall be in strict conformity with parts I, II and II of Volume I... "; Part II Instructions To Bidders, Section 12 Bid Security. which states in part "No bid will be considered unless it is accompanied by bid security ... or a bidder's bond ... such bond shall be in substantial conformity with the form included as .... Payment of the bid security in cash is not acceptable." Based on our interpretation of the District's specification, Part II Instructions To Bidders, Section 15 B Opening and Award of Contract Paragraph four gives the District the right to reject or accept any and all bids and to accept any non - material irregularities in bids received. Our bid bond is attached. No unfair advantage has been or will be obtained over others bidders as a result of the Districts acceptance of our bid. We will honor our bid. A cost savings will be achieved by this action. We will provide final bonds as required. Should you have any questions.reg0mg this matter, please 'do not hesitate to contact me at (925) 283- 6000. Sincerely, 1 Greg Griffin ( Business DexslOpment '. 0 CAGO LiAltD g09ALE ' LOS ANGELES ' SAN FRANCISCO www.oeiconsultants.com Page 7 of 13 800.801.3224 PART III BID FORAMS SECTION 7 - 11IDDER'S OND DOUG ! L410U1-1 We, All Environmental, Inc. DSA: AE1 Consultants 85 Prindpaai, and American Contractors Indemnity Company as Surety, are firmly held and bound unto the Central Contra Costa Sanitary District, a munieipat tilstriCt ortgenized and existing under the laws of the State of Callfomia, sometimes referred to as the Vatrict, in the sum of B 15.000.00 (which is a sum not less than ton percent (io%) of the amount of the accompanying Bid total) for the payment of which we bind ourselyes, our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presence. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the principal has submitted to the Di Idet the accompanying Bid under a public Notice to Contra tm Inviting Sealed Bide dated March 30, 2005, for the District's Project No. 6212, CSOD Underground Storage Tank Removal, at 1260 Spdngbrook Road, Walnut Creek, Csfdbrrda. . NOW, THEREFORE, if the accompanying Bid of the Principal Is accepted and award be made by the D'Istriot to the Principal; and if the Principal withdraws said Bid within the period specMW In sM Sid during which period said Bid cannot be withdrawn, or if the Principal shad) fail, refuse, or neglect for any reason whatsoever within ten (10) calendar days. after receipt from the Distda of Notice of Award of the Contract to enter into the Contract with the District in accordance with the Principal's Bid and 'the jnstntotions to 13iddem, Part II, for said Project, and to give bonds with .good and sufrldwit surety, and to fumish the Insurance c artwmates and endorseme as as stated in esfd Bid and the Ina ruglions to Si dem for said project, then the sum guaranteed by this Bond is forfeited to the Cantraal C.nntra Costa Sanitary District. It is agreed between Principal and Surety that such failure or neglect would result In injury to District which is impracf mble or extremely difioult to fix, and that such sum is considered by Principal and Surety as liquidated damages for such injury. In the event. suit is brought upon this Bond by the District and Judgment is recovered, the Surety or Sureties shall pay all costs incurred by the District in such suit. Including attorneys' fees to be fixed by the court. M3*9117 .. PART 111 - 17 Page 8 of 13 i i i April 19 12005 Dated All Environmental, Inc. DBA: Ak Consultants Company Name Principal (Authorized Signature) 2500 Camino Diablo #200 Business Address MA11MV Crantr_ C1 I&ArO7 Vlt ACKNOWLEDGMENT OF PRINCIPAL'S SIGNATURE; st4itt of W iforniel y county of 3 ss CAPACITY CLAIMED BY SIGNER an before Olt 0 Notary . 0 JNDiViDtiA�($) ' Public, ptrsonelty appeared O �ppppgATR OFFiCER(S) Naiaets) of sijner( =)� Titles) 0 PART#W&CS) 0 personally kmm to ove -am- 0 provw to me on basis of satisfactory 0 ATT=KT -IN -FACT ev9dawo to be the peraon(s) whose now(s) Were subscribed to the within inatrcnene and eoknawledaed to as that he/sfie/" executed tho stale in ❑ TRUSM(i<) his/her /their ■uthoifted capoefty(ies) and that by hia/ber/their sidneture(s) on ❑ oixaR the inatrunent the person(s), or the entity upon behalf of which the porsen(s) Describe acted, excwted the inetnowmt_ O USSCMSING WITNESS (for WJTNEIS sly hand and offleial se *l Signature of Notary SYQKa ZS REPRESENTING: None of Fersancal or Rntttyctes) DID98212 « PART III. 13 Page 9 of 13 April- 19 _ , 20 55 American Contractors Indemaitq Sg any Dated. COMParw Name Surety (Authorized Slgnaturs) 9841 Airport Blvd. 9th Floor Lou 106, CA Business Address 90045 Los,Angeles, CA 90045 City Stain ACKNOWLEDGMENT Of SURETY'S SIGNATURE: Mats of California ) county of -Sacramento , :: CAPACITY CLAIMED BY SIGN R on 04- 19-{).5 before me -Shirley Pa4va a Notgry E3 INDIYr611At,( =) Public, personally appeared _ JoBeth Swallev ❑pp�rq urivaEKti) aamo(s) of -signer(2) Title(a) 13 PARTNER(s) personal ly knoun to me -OR- C1 proved to are an basis of satisfactory 11 ATTO'RNNY -19-FACT evidence to be the person(&) whose nasre(s) War& subserfbad to the vfthfn instrument aNp acknowledged to Ike that he /shs /theY executed the same In C3 TRtNM(s) his /her /their authorfted capecity(fes) and that by his /her/tbeir sigratvra(s) an arm the Instrummt the person(s), or the entity upon behalf of Mffa1 the person(:) Q acted, oRecutad the iowtruvant. Omribe D SMSCNIEING WITNESS (for VI THEW my hand and of f c Beat ». SHIRLEY PAIVA - aiynscure UT OSwry (ri SIGNER *r �7iW�G1� ivl r Comm. #1380059 Q REPRESENTING: 0 NOTARY PUBLIC- CALIFORNIA n I' SACRAMENTO COUNTY My Comm. Exptrw Nov 91, 2o0rf .i Name of Persons) or Enti ty(fa� Aiaericaa Ce emzUtV. g=aII� = DP*8212 - PART III - 14 Page 10 of 13 American Contractors Indemnity Company 9841 Airport Blvd., 9" Floor Los Angeles, California 90045 POWER OF ATTORNEY, KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a Califomia corporation, does hereby appoint, Shirley Paiva, JoBeth Swalley of Sacramento, California its true and lawful Attomey(s)•in -Fact, with foil authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ " 3.000.000.00'Dollars This power of Attorney shall expire without fiuther action on March l 8, 200.7. This Power of Attorney is granted and is signed and sealed by facsimaac under and by the authority of the following Resolution adopted by the Board of Directors of AM$RICAN CONTRACTORS INDBMNITY COMPANY at a meeting duly called and hold on the 66 day of December, 1990. "JL88OLVED that the ChiiefBkocadve Officer, .President or any rice President, Executive Me Presiden4 Secretory orAssisrantSecreraM shall have the power and aurhodry I. To appoint Artorney(s) -in Fact and to authorise then to ww=re on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Atiormey -in Fact and revoke the audi*Hty given. RMOLVED FURTHER that the signatures of such offices and the seal of the Company may be affixed to any such Power of Attorney or cerrifrcate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such foerimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with r6spect to any bond or undertalang to which it is attached IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15"' day of December, 2003. unxi"i .off STATE OF CALIFORNIA COUNTY OF LOS ANGELES AMERICAN C NTRACTORS INDEMNITY COMPANY sy Robert F. mas, Chief Executive Officer On this ISO' day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledgod that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. signitilro of Notary My Commission expires March 18, 2007 DEbORMt NEElE C.onrrsdtMorr # 1sOb149 Los AnOMN C042* Mytann. Expast Mar ld. ?t107 1, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this I9th day of _ Apri 1 200 . Bond No. 2416Q1 -1 J v J. Kim, Co orate Secretary Agency No. #2011 rte...M&1V sw Page 11 of 13 D.P. 8212 ATTACHMENT 4 ADDENDUM NO.1 ATTACHMENT NO. 1 ' PAGE 1 OF 2 PART III REVISED BID FORMS SECTION 2 - SCHEDULE OF BID Unit Price Schedule of Prices for Construction of CSOD Underground Storage Tank Removal, in accordance with the Project Documents. DP #8212 — Part III - 4 Page 12 of 13 Write Unit Write Item Price Extended No. Description In Price in Quantity Unit Figures Figures 1 Mobilization /Demobilization for the lump 1 LS lofo6o G105e . M sum (LS) price of (WRITTEN IN WORDS)x- }llouzw,.rc� 2 Sheeting, shoring, and bracing or equivalent method conforming to 1 LS t4 /A MIA, applicable safety orders for the lump sum (LS) price of (WRITTEN IN WORDS) l�i� A�4�1'�►.bl� 3 Removal and disposal of two 1 LS underground storage tanks and associated piping and equipment and all other work necessary to complete the project not indicated to be paid for elsewhere for the lump sum (LS) price Qf (WRITTEN IN WOr_RDS) k'tI 4 1V10t,ov'A E1 � �UiN E ulJ�l S Testing, bf ainalois, and dewat ring all 1 LS (p,215- trenches and pits as necessary to complete all project work, and disposal into CCCSD sewer system for the lump sum (LS) price of (WRITTEN IN WORDS) Six `ihou5arJd 5 Testing, trans ortatio , and disposal in 170 TON X1,0 -1 �e,(�yc•Co accordance with all applicable local, state, and federal regulations, of all contaminated soil encountered for the per ton (TON) price of (WRITTEN IN WORDS) 5 x4k01<A -A x k;, 6t11A � dot(w, f ._ DP #8212 — Part III - 4 Page 12 of 13 ATTACHMENT 5 CSOD UNDERGROUND STORAGE TANK REMOVAL DISTRICT PROJECT NO. 8212 POST -BID / PRE - CONSTRUCTION ESTIMATE Percent of Estimated Construction No. Item Description Amount Cost 1 CONSTRUCTION a. Construction Contract $123,686 b. Contingency at 25% $31,149 c. Permits $1,165 TOTAL CONSTRUCTION $156,000 100% 2 CONSTRUCTION MANAGEMENT District Forces - Construction Management $5,000 - Construction Inspection $25,000 TOTAL CONSTRUCTION MANAGEMENT $30,000 19% 3 TOTAL CONSTRUCTION PHASE COST $186,000 119% 4 TOTAL PREBID EXPENDITURES $10,000 6% 5 TOTAL DESIGN AND CONSTRUCTION MANAGEMENT COST $40,000 26% 6 TOTAL ESTIMATED PROJECT COST $196,000 126% 7 FUNDS AUTHORIZED TO DATE $20,000 8 ADDITIONAL ALLOCATION NEEDED TO COMPLETE PROJECT $176,000 LAPosition Papers \Godley \8212 #2.DOC Page 13 of 13 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 5, 2005 No.: 7.a. ENGINEERING Type of Action: ACCEPT CONTRACT WORK subject: ACCEPT THE CONTRACT WORK FOR THE PUMPING STATIONS SUPERVISORY CONTROL AND DATA ACQUISITION PROJECT, DISTRICT PROJECT 6127, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept/Div.: William E. Brennan, Engineering /Capital Projects Capital Projects Division Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: 0% - hl�r W. Brennan A. Far ell e__A- C es W. Batts, General Manager ISSUE: Construction has been completed on the Pumping Stations Supervisory Control and Data Acquisition Project, District Project 6127, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for and authorize the filing of the Notice of Completion. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not Applicable. Filing the Notice of Completion is advisable under the California Civil Code, Section 3090. BACKGROUND: The Pumping Stations Supervisory Control and Data Acquisition Project replaces a pumping station telemetry system installed in 1989 to monitor pumping station alarms and equipment status. The system had proven reliable, but was at the end of its useful life. This project provides control and monitoring of pumping station sites. The system may be accessed remotely from the treatment plant, the lap top computers issued to the Pumping Station Superintendent, the two Pumping Station Supervisors, the on -call Pumping Station Operator, and desk top computers located at the Martinez, San Ramon, Moraga and Orinda Crossroads Pumping Stations. The Lower Orinda Pumping Station will be fully integrated into this system at the conclusion of the current upgrade project. A system of automatically dialing the Pumping Station operators' pager and cell phones with alarm information is also part of the project. This allows notification of the on -call pumping station operator of alarm situations when the pumping stations are L: \Position Papers \Brennan \6127 Accept Contract Work.DOC Page 1 of 2 4/26/2005 4:20 PM POSITION PAPER Board Meeting Date: May 5, 2005 Subject: ACCEPT THE CONTRACT WORK FOR THE PUMPING STATIONS SUPERVISORY CONTROL AND DATA ACQUISITION PROJECT, DISTRICT PROJECT 6127, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION unattended. On October 18, 2001, the Board of Directors authorized the award of a contract for the construction of the project to Control Manufacturing Company. The Notice to Proceed was issued on December 17, 2001. The work was substantially completed in February 2005. The remaining items of work consist of minor punch -list items, which do not affect the project acceptance. The total authorized budget for the project is $3,430,000. An accounting of the project costs will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDED BOARD ACTION: Accept the contract work for the Pumping Stations Supervisory Control and Data Acquisition Project, District Project 6127, and authorize the filing of the Notice of Completion. UPosition Papers \Brennan \6127 Accept Contract Work.DOC Page 2 of 2 4/26/2005 4:20 PM Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 5, 2005 No.: 7,b. ENGINEERING Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION AUTHORIZING THE GENERAL MANAGER TO EXECUTE JOINT POWERS AGREEMENTS WITH CITIES, COUNTIES, SPECIAL DISTRICTS, AND OTHER GOVERNMENT ENTITIES NOT TO EXCEED $50,000 Submitted By: Initiating Dept✓Div.: William E. Brennan, Division Manager Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: M -- 4�� <! � W. Brennan A. Farrdill K. Alm Char s General Manager ISSUE: Authorization of the Board of Directors is required for the General Manager to execute Joint Powers Agreements (JPAs) not to exceed $50,000. RECOMMENDATION: Adopt a resolution authorizing the General Manager to execute Joint Powers Agreements (JPAs) with cities, counties, special districts, and other government entities, not to exceed $50,000. FINANCIAL IMPACTS: Delegation of authority to the General Manager for small JPAs could reduce project delays, staff time, and cost associated with preparing such agreements. The total financial impact would be dependent on the type and number of limited JPAs associated with annual construction projects. ALTERNATIVES /CONSIDERATIONS: The Board could choose a different amount, or not to delegate this authorization, in which case all JPAs would continue to come before the Board. BACKGROUND: The Board must now authorize all JPAs, no matter what the dollar value. Staff believes it is appropriate to delegate limited authority to the General Manager as has been done for other delegated actions such as agreements with engineering firms, and construction contract change orders. Staff believes that an appropriate dollar value is $50,000, the same as the authority of the General Manager for the aforementioned agreements and change orders. The intent of such delegation is to solely expedite construction project issues, mainly utility interferences and paving. Delegation of this authority will allow staff to act proactively to insure that JPAs less than $50,000 can be handled expeditiously and would not negatively impact design, construction, or completion schedules. Staff is currently aware of eight JPAs anticipated for the next year, of which four are estimated to be less than $50,000. The actual amount of reimbursement for JPAs would be based on the engineer's estimate, or actual bid cost of the activity covered by the agreement. The other four JPAs are L: \Position Papers\Brennan\J PA. DOC Page 1 of 3 Revised: 4/26/2005 5:29 PM POSITION PAPER Board Meeting Date: May 5, 2005 Subject ADOPT A RESOLUTION AUTHORIZING THE GENERAL MANAGER TO EXECUTE JOINT POWERS AGREEMENTS WITH CITIES, COUNTIES, SPECIAL DISTRICTS, AND OTHER GOVERNMENT ENTITIES NOT TO EXCEED $50,000 expected to be greater than $50,000 and would still require Board authorization. JPAs can become necessary during construction projects as a result of unforeseen field issues. Such JPAs are frequently of limited scope and can be negotiated promptly. These JPAs, if less than $50,000, could be handled by field staff as they occur, and approved by the General Manager if such delegation is approved. This would be beneficial in expediting construction projects, creating cooperation between agencies, and reducing community impacts. RECOMMENDED BOARD ACTION: Adopt a resolution authorizing the General Manager to execute Joint Powers Agreements (JPAs) with cities, counties, special districts, and other government entities, not to exceed $50,000. L: \Position Papers\Brennan\J PA. DOC Page 2 of 3 Revised: 4/26/2005 5:29 PM RESOLUTION NO. 2005- A RESOLUTION AUTHORIZING DISTRICT STAFF TO NEGOTIATE AND EXECUTE JOINT POWERS AGREEMENTS WITH CITIES, COUNTIES, SPECIAL DISTRICTS AND OTHER GOVERNMENT ENTITIES BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT, it is an appropriate staff function to negotiate and execute Joint Powers Agreements with cities, counties, special districts and other government entities in order to expedite construction projects. THAT, the General Manager is hereby authorized to execute Joint Powers Agreements with cities, counties, special districts and other government entities relating to Board - approved construction projects, such as paving or landscaping, where the funds exchanged in the agreement do not exceed $50,000. PASSED AND ADOPTED this 5th day of May, 2005, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the District Board of the Central Contra Costa Sanitary District, COUNTERSIGNED: County of Contra Costa, State of California Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Counsel Page 3 of 3 May 5, 2005 8.a. CORRESPONDENCE Page 1 of 2 Receive letter dated April 13, 2005 from property owners on Smith Road in Alamo requesting the formation of a Contractual Assessment District for their properties to connect to the District RECEIVED April 13, 2005 APR 1 9 2005 WSO ENVIRONMENTAL SERVICES To: Board members of Central Contra Costa Sanitary District From: Property owners on Smith Road, Alamo (CCCSD map 78136) Re: Financing a planned extension of Public Sewer Main Property owners on Smith Road have been meeting and planning an extension of the Sewer Main . for some time. At present four property owners are committed to the plan. These are owners at 208 ,209, 222 & 229 Smith road. The plan calls for an extension from the Marks road intersection aprox. 448 feet to 222 and 229 Smith road.. Engineering (topo. map and design) has been completed by Cullen -Sherry & Associates and a bid for construction acceptable to the 4 participants has been received from Pfister Inc. for $58.700 With engineering costs, permits and other associated expenses the total approximate cost to build the Sewer Main is $72,000. As the financing of the project is difficult and probably impossible for at least one of the participants, we would like to ask for your consideration in the formation of a Contractual Assesment District for this Project. Respectfully Yours, Lowell and Sherry Day, 208 Smith Road Kenn e h d Edith Whipple �209.Smith Road Q� Joaquim and Christie Pereira 222 Smith Road (� Vance and Am Phi ' 229S 'th Rr1IJ1211-10-0 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: MAY 5, 2005 No.: 10.a. BUDGET AND FINANCE Type of Action: REVIEW SELF - INSURANCE FUND BUDGET FOR FISCAL YEAR 2005 -06 subject: REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF - INSURANCE FUND AND APPROVE THE ALLOCATION OF $250,000 TO THE FUND FROM THE 2005 -06 OPERATIONS & MAINTENANCE BUDGET Submitted By: Initiating Dept. /Div.: Randall M. Musgraves, Director of Administrative /Safety & Risk Management Administration REVIEWED AND RECOMMENDED FOR BOARD ACTION. R. Musgraves �)_v e_ ir_ les W. Batts, General Manager ISSUE: The Self- Insurance Fund (SIF) is to be reviewed each year by the Board of Directors with staff presenting funding recommendations for the upcoming fiscal year. RECOMMENDATION: Receive the 2005 -06 SIF Budget and authorize the allocation of $250,000 to the fund from the 2005 -06 Operations & Maintenance (O &M) Budget. FINANCIAL IMPACTS: The impact of this action requires the allocation of $250,000 from the 2005 -06 O &M Budget to the SIF. ALTERNATIVES /CONSIDERATIONS: The alternatives to this action are to provide less funds than recommended, to not fund the SIF, decrease the fund balance, or to increase the fund balance by transferring more than $250,000. BACKGROUND: The District has self- insured most of its liability and some of its property risks since July 1, 1986, when the Board approved the establishment of the Self- Insurance Fund. The SIF has effectively funded District losses over its nineteen year history. In 1994, a new Government Accounting Standards Board Statement No. 10 (GASB -10) set forth requirements on how public agencies must fund their self- insured risks. To assure compliance with GAS13-10, the District restructured the SIF into three sub - funds. Each of the three (3) sub -funds was established for funding specific risks: Page 1 of 8 POSITION PAPER Board Meeting Date: May 5, 2005 subject: REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF - INSURANCE FUND AND APPROVE THE ALLOCATION OF $250,000 TO THE FUND FROM THE 2005 -06 OPERATIONS & MAINTENANCE BUDGET • SUB -FUND A: GASBA 0 actuarially -based risks. These include general liability and automobile liability risks. Under the requirements of GASB -10, risks that could be actuarially studied must be funded based on an actuarial study which must be done every two years. General liability and automobile liability are readily studied throughout the insurance and self- insurance industry to determine funding levels for these liabilities. The District obtained an actuarial review of its self- insured general liability and automobile liability in 2005 that projected losses for these risks. The actuarial estimate of $437,360 in 2003 -04 was identified as the expected recommended funding level for liability of these risks. The actuary, Advanced Risk Management Techniques (ARM Tech) is recommending the Sub -Fund A reserve for future claims be $881,500 based on insurance industry statistics and the District's actual claims experience. This is an increase of $444,140 and results in a corresponding decrease in the Employment and Pollution Liability (Sub -Fund B) reserve. Due to the increases in insurance premiums and the increase in reserve level, Sub -Fund B reserves will be reduced in 2005 -06 for the first time since the establishment of the SIF. Staff has discussed this situation with the Board in past presentations and has projected increased funding from the O &M Budget, increasing from $250,000 to $900,000 in fiscal year 2011 -12. The O &M Fund provides the funding for the SIF operating costs and reserves. Sub -Fund A was established to insure these risks based on the District having a $10,000,000 excess liability policy with a $500,000 self- insured retention. An actuarial study is required every two years to comply with GASB 10 requirements. The actuarial study was completed by ARM Tech in April 2005. The annual average expense for Sub -fund A over the past three years has been $685,000, offset by an average revenue of $375,000 for a net draw down of reserves of $310,000 annually. This has depleted excess General and Automobile Liability (Sub -Fund C) reserves and has projected the need to reduce the Employment and Pollution Liability (Sub -Fund B) reserve in fiscal year 2005 -06. In order to fund the SIF operating expenses and maintain reserves at approximately $1,000,000 for the General and Automobile and $2,000,000 for the Employment and Pollution Liability Sub - Funds, the 0 &M Fund contribution must increase to $900,000 by 2011 -12. This assumes annual claims of approximately $150,000. Page 2 of 8 POSITION PAPER Board Meeting Date: May 5, 2005 subject REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF - INSURANCE FUND AND APPROVE THE ALLOCATION OF $250,000 TO THE FUND FROM THE 2005 -06 OPERATIONS & MAINTENANCE BUDGET • SUB -FUND B: GASB -10 Non - actuarially -based risks. These include employment - related and pollution - related risks. GASB -10 requires that all potential risks, including employment - related and pollution - related, be adequately and soundly funded even though these risks are not actuarially reviewed. An actuarial study was not required for these risks since losses for employment - related and pollution - related risks are often predicted with less accuracy because these types of cases occur infrequently but may result in extremely high costs and losses. With guidance from risk management and insurance specialists, the District established Sub -Fund B at $2,450,000 to fund employment - related and pollution - related risks based on the purchase of the above mentioned excess liability insurance policy. The liability policies provide limited coverage in the areas of pollution- and employment - related risks. As previously discussed, the $2,450,000 reserve level will be reduced by approximately $465,000 in 2005 -06 due to the increase in Sub -Fund A reserves from the recent actuarial study. • SUB -FUND C: Non -GASB 10 risks. This Sub -Fund covers risk management program insurance premiums, potential losses from uninsurable risks, and the costs of initiating claims and lawsuits against others who have damaged the District. The District established this Sub -Fund to finance non -GASB 10 risks under our risk management program. Specific costs include: insurance premiums for a $10,000,000 excess liability policy; and insurance premiums for insuring District properties for fire, explosion, water damage, etc. for losses above $500,000. This Sub -Fund has used its reserves to offset the significant increases in premiums for the past three years. Staff is anticipating an approximate increase in general liability insurance premiums of five percent, and no increase in property insurance premiums for fiscal year 2005 -06. This Sub -Fund should be maintained at a level to support these defined costs as well as to cover the required $250,000 property damage self- insured retention and provide adequate funds to replenish Sub -Fund A or B, and was initially established at a level above $2,000,000. Sub -Fund C reserves will be depleted in 2005 -06, requiring a reduction to Employment and Pollution Liability (Sub - Fund B) reserves. Increased contribution from the O &M Fund will be required to meet the financial obligations of the SIF. Page 3 of 8 POSITION PAPER Board Meeting Date: May 5, 2005 subject: REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF - INSURANCE FUND AND APPROVE THE ALLOCATION OF $250,000 TO THE FUND FROM THE 2005 -06 OPERATIONS & MAINTENANCE BUDGET Exhibits II, III & IV (attached) present the projected Fund A, Fund B and Fund C 2005 -06 budget summary. Exhibit I presents a recent financial history and projection of the SIF and shows that the total reserves are projected at $3,443,388 ending June 30, 2005. This is a decrease of $479,000 over the total SIF reserves of $3,922,388 at the end of the 2003 -04 budget year. Although not specifically required under GASB 10, the District's actuarial report commented on the 2005 -06 program year proposed funding levels for Sub -Fund B. The actuarial study stated that the funding levels were prudent and within industry standards, however, Sub -Fund B reserves must be reduced by approximately $465,000. The 2005 -06 SIF budget estimates total revenues of $395,000 and total expenses of $973,000, which will bring the projected 2005 -06 total SIF to $2,865,388 on June 30, 2006. The budgeted revenues include a recommended allocation of $250,000 from the 2005 -06 O &M budget to the SIF. The $250,000 allocation from the O &M Fund must be increased to $900,000 in 2011 -12 in order to maintain a funding level as directed and approved by the Board. In summary, the significant increase in insurance premiums to the District over the past three years, and the recent increase in the General and Automobile Liability (Sub -Fund A) reserve, based upon the GASB 10 required actuarial study, has depleted the excess reserve funding in Sub -Fund C and has reduced the reserve for Employment and Pollution Liability (Sub -Fund B) from $2,450,000 to approximately $1,985,000. O &M Fund allocation will increase from the current $250,000 level to $900,000 in fiscal year 2011 -12 to meet SIF operating expenses and maintain appropriate reserves. RECOMMENDED BOARD ACTION: Receive the proposed 2005 -06 Self- Insurance Fund Budget and approve the allocation of $250,000 from the 2005 -06 O &M Budget. 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