HomeMy WebLinkAbout7/7/2005 AGENDA BACKUPCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005 No.: 3.a. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION
subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS
AND AN OFFER OF DEDICATION FROM UDC HOMES, INC. FOR AN EASEMENT
SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION NO. 8054 IN THE
CITY OF WALNUT CREEK (JOB 5259)
submitted By: Initiating Dept /Div.:
John Mercurio, Management Analyst Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
J. Mercurio M. 1 Nel nvy C. Swanson A. Farrell Char s . Ba s,
General Man ger
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. 8054 that is required for
a recent public sewer extension off Rossmoor Parkway in the City of Walnut Creek (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 5259 public
sewer improvements and an offer of dedication from UDC Homes, Inc. for an easement
shown on the recorded final map of Subdivision No. 8054 in the City of Walnut Creek
and authorizing staff to record the easement acceptance with the Contra Costa County
Recorder.
Page 1 of 2
S: \Position Papers \Mercurio \5259 UDC Homes.doc
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LOCATION MAP
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ACCEPTANCE OF
EASEMENT DEDICATION
SUBDIVISION 8054 JOB 5259
Page 2 of 2
Attachment
i
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005 No.: 3.b. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION
subject: ADOPT A RESOLUTION ACCEPTING PUBLIC SEWER IMPROVEMENTS
AND AN OFFER OF DEDICATION FROM ROBERT H. AND MARIAN T. FALK FOR
AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION
NO. 7566 IN THE TOWN OF DANVILLE (JOB 5267)
Submitted By: Initiating DeptdDiv.:
John Mercurio, Management Analyst Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
J. Mercurio M. ny C. Swanson A. Farrell C aWa Gen
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. 7566 that is required for
a recent public sewer extension off 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 5267 public
sewer improvements and an offer of dedication from Robert H. and Marian T. Falk for
an easement shown on the recorded final map of Subdivision No. 7566 in the Town of
Danville and authorizing staff to record the easement acceptance with the Contra Costa
County Recorder.
Page 1 of 2
S: \Position Papers \Mercurio \5267 Falk Easement.doc
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LEGEND: �2
— — PRIVATE ROAD EASEMENT
—�— EXISTING SEWER , 2
—Q— NEW SEWER
SUBDIVISION BOUNDARY
EASEMENT AREA
Central Contra Costa ACCEPTANCE O F
Sanitary District
EASEMENT DEDICATION
SUBDIVISION 7566 JOB 5267
Page 2 of 2
Attachment
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— — PRIVATE ROAD EASEMENT
—�— EXISTING SEWER , 2
—Q— NEW SEWER
SUBDIVISION BOUNDARY
EASEMENT AREA
Central Contra Costa ACCEPTANCE O F
Sanitary District
EASEMENT DEDICATION
SUBDIVISION 7566 JOB 5267
Page 2 of 2
Attachment
1
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005 No.: 3.c. CONSENT CALENDAR
Type of Action: INFORMATIONAL
Subject: ADVISE THE BOARD OF DIRECTORS OF THE CLOSEOUT OF THE
1996/1997 SEWER RENOVATION PROJECT, DISTRICT PROJECT 5166
Submitted By: Initiating Dept /Div.:
Tom Godsey, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
2� - - n4-1 r W%
T. Godsey ecki W. Brennan A. Fa II
General
ISSUE: All work has been completed on the 1996/1997 Sewer Renovation Project
(DP 5166) and this project can now be closed out.
RECOMMENDATION: Close out the project.
FINANCIAL IMPACTS: This closeout will result in $81 being returned to the Collection
System Program. Attachment 1 shows the project expenditures by category.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: The District's 1,500 miles of sewers have pipe segments that range
in age from new to over 100 -years old. Some of these pipe segments are at the end of
their useful life. This is evidenced by high maintenance costs and increases in call -outs
by Collection System Operations Division (CSOD).
In 1991, the District implemented a sewer renovation program. Since that time, an
annual allowance for this program has been included in the Capital Improvement
Budget and Plan. In 1996, sewers in Lafayette were identified in a predesign planning
report as needing extensive renovation. This capital project was used for design and
construction of the Lafayette Sewer Renovation Phase 1 Project, as well as for design
of Phases 2 through 4 and the Happy Valley Road Trunk Sewer Renovation Project.
The original scope of the 1996/1997 Sewer Renovation Project included pipe segments
that were later deferred to Phases 2 through 4 or the Happy Valley Road Trunk Sewer
Renovation Project. Thus, the designs were completed in this project versus setting up
new design projects. Recently, a new process has been adopted where new project
numbers are set up each year. This project also collected planning, design, and
coordination information for other renovation projects. Candidate sewer line segments
were identified, evaluated, and placed on a priority list for replacement and /or
renovation, then included in projects such as the Walnut Creek and Orinda Sewer
Renovation Projects.
hPosition Papers\2005 \July \5166 Closeout.DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: July 7, 2005
Subject: ADVISE THE BOARD OF DIRECTORS OF THE CLOSEOUT OF THE
1996/1997 SEWER RENOVATION PROJECT, DISTRICT PROJECT 5166
The total authorized budget for the project was $1,964,000, which included a
contingency of $48,051. The total project cost was $1,963,919, which is approximately
the budgeted amount. The project closeout will result in $81 being returned to the
Collection System Program.
RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors
for information. No action is necessary.
1APosition Papers\2005\July \5166 Closeout.DOC Page 2 of 3
ATTACHMENT 1
EXPENDITURE SUMMARY
1996/97 SEWER RENOVATION PROJECT
DISTRICT PROJECT 5166
ACTIVITY
Total Budget
Construction Contracts Under 5166
Planning, Design, Drafting, Project Management
Field Investigating (Survey, TV, Potholing locating)
Consultants
R/W
TOTAL PROJECT EXPENDITURES
TOTAL RETURN TO COLLECTION SYSTEM PROGRAM
COST
$1,964,000
$212,002
$1,092,282
$493,678
$118,496
$47,461
$1,963,919
$81
*OTHER CONSTRUCTION CONTRACTS DESIGNED IN DP 5166 - CONSTRUCTION COST
Lafayette Sewer Ren — Phase 1 $874,435
Lafayette Sewer Ren — Phase 2
$1,283,287
Lafayette Sewer Ren — Phase 3A
$196,678
Lafayette Sewer Ren — Phase 3B
$1,214,661
Lafayette Sewer Ren — Phase 4
$1,600,935
Happy Valley Road Trunk Sewer
$648.411
$5,818,437
hPosition Papers\2005 \July \5166 Closeout.DOC Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005 No.: 3.d. CONSENT CALENDAR
Type of Action: INFORMATIONAL
subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE PLEASANT HILL
ROAD EAST IMPROVEMENTS, DISTRICT PROJECT 5553
submitted By: Initiating Dept. /Div.:
Alex Rozul, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
F;WZUl i W. Brennan A. Farrell
General
ISSUE: All work has been completed on the Pleasant Hill Road East Improveme
District Project 5553, and this project can now be closed out.
RECOMMENDATION: Closeout the project.
FINANCIAL IMPACTS: This closeout will result in $547,000 being returned to the
Collection System Program. Attachment 1 shows the project expenditures by category.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: The Collection System Master Plan Update of March 2000 identified
severely under - capacity sewers within the corridor from Christie Drive to Forrest Way,
Pleasant Hill Road East to Brackman Lane, and Brackman Lane to Highway 4 on -ramp.
The sewer model calculated flows to these lines are anywhere from 170 — 750 percent
of capacity. Surcharge indicators placed in manholes confirmed significant capacity
issues. A project was planned and designed to replace approximately 6,000 feet of 6-
through 10 -inch sewers with appropriately sized pipes. The sewer replacement
includes a crossing at Alhambra Creek, work within Burlington Northern and Santa Fe
(BNSF) Railway property, and work crossing a Caltrans Highway 4 on -ramp at
Alhambra Avenue.
During inter - agency plan review, the City of Martinez (City) informed the District that a
waterline replacement project was planned within Pleasant Hill Road East. Both
agencies agreed that combining the work into a joint project would be cost efficient and
least disruptive to the residents. A Joint Powers Agreement (JPA) was authorized by
the Board and entered into with the City of Martinez creating the joint project,
Pleasant Hill Road East Improvements, DP 5553.
L Position Papers\2005 \July \5553 Closeout.DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: July 7, 2005
Subject ADVISE THE BOARD OF THE CLOSEOUT OF THE PLEASANT HILL
ROAD EAST IMPROVEMENTS, DISTRICT PROJECT 5553
The project was awarded to Mountain Cascade, Inc., and they commenced work on
May 7, 2004. The project was completed and accepted by the Board on December 2,
2004.
The value of the original contract work was $1,639,268, which includes sewer,
waterline, and paving work. There were six (6) construction change orders issued
totaling $192,383. The resulting total amount paid to Mountain Cascade, Inc. was
$1,831,651. In accordance with the JPA, the City of Martinez reimbursed the District
$574,415.
The final authorized budget for the project was $2,273,143, which included a
contingency of $235,000. The total project cost was $1,725,679, which is
approximately 24 percent less than the budgeted amount. The project closeout will
result in $547,464 being returned to the Collection System Program.
RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors
for information. No action is necessary.
I: \Position Papers\2005\July \5553 Closeout.DOC Page 2 of 3
ATTACHMENT 1
EXPENDITURE SUMMARY
PLEASANT HILL ROAD EAST IMPROVEMENTS (DP 5553)
ACTIVITY
COST
Total Budget
$2,273,143
Construction Contract
$1,639,268
Change Orders
$192,383
Change Orders % of Construction
12%
Total Construction Amount
$1,831,651
Engineering, CM, Admin
$468,443
Engineering, CM, Admin - % of Construction
26%
Reimbursement from the City of Martinez
($574,415)
TOTAL PROJECT EXPENDITURES
$1,725,679
TOTAL RETURN TO COLLECTION SYSTEM PROGRAM
$547,464
hPosition Papers\2005\July \5553 Closeout.DOC Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005
Type of Action: INFORMATIONAL
No.: 3.e. CONSENT CALENDAR
subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE WALNUT CREEK
SEWER RENOVATIONS PROJECT, PHASE 2, DISTRICT PROJECT 5709
Submitted By:
Initiating Dept. /Div.:
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
A'
cki W. Brennan
A. Farreff
General
ISSUE: All work has been completed on the Walnut Creek Sewer Renovations Project,
Phase 2, District Project 5709, and this project can now be closed out.
RECOMMENDATION: Close out the project.
FINANCIAL IMPACTS: This closeout will result in approximately $1,000 being returned
to the Collection System Project. Attachment 1 shows the project expenditures by
category.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: Work completed under this project included the reconstruction of
approximately 6,000 linear feet of 6 -, 8 -, and 10 -inch sewer lines in fourteen (14)
locations. Five (5) sites were located in the public right of way, four (4) in easements
and private streets, and the remaining five (5) were in both easements and the public
right of way. Construction of the sewers in easements involved close cooperation with
customers for site access and restoration. The work on Botelho was restricted to
nighttime to reduce impact on traffic and local businesses.
On May 20, 2004, the Board of Directors authorized the award of a construction
contract for this work for $1,015,332 to D'Arcy & Harty Construction, Inc. The
contractor was issued a Notice to Proceed that was effective June 16, 2004, with a
required contract completion date of December 17, 2004. The District had beneficial
use of the work on September 14, 2004. Contract work was accepted by the Board on
November 18, 2004.
The original construction contract amount was $1,015,332. Construction change orders
were issued in the total amount of $134,120.85. Several of these change orders were
at the request of the Collection System Operations Department (CSOD) to repair line
segments with serious deficiencies.
hPosition Papers\2005 \July \5709 Closeout.DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: July 7, 2005
subject ADVISE THE BOARD OF THE CLOSEOUT OF THE WALNUT CREEK
SEWER RENOVATIONS PROJECT, PHASE 2, DISTRICT PROJECT 5709
The total authorized budget for the project was $1,642,000, which included a
contingency of $152,668. The total project cost was $1,641,000. The project closeout
will result in approximately $1,000 being returned to the Collection System Program.
RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors
for information. No action is necessary.
hPosition Papers\2005 \July \5709 Closeout.DOC Page 2 of 3
ATTACHMENT 1
EXPENDITURE SUMMARY
WALNUT CREEK SEWER RENOVATIONS PROJECT, PHASE 2
DISTRICT PROJECT 5709
ACTIVITY
COST
Total Budget
$1,642,000
Construction Contract
$1,015,332
Change Orders
$134,121
Change Orders - % of Construction
13%
Total Construction Amount
$1,149,453
Engineering, Design, Construction Management, Administration
$491,547
Engineering, Design, CM, Admin - % of Construction
43%
TOTAL PROJECT EXPENDITURES
$1,641,000
TOTAL RETURN TO THE COLLECTION SYSTEM PROGRAM
$1,000
hPosition Papers\2005 \July \5709 Closeout.DOC Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005
Type of Action: INFORMATIONAL
No-: 3.f. CONSENT CALENDAR
Subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE STEAM SYSTEM
IMPROVEMENTS PROJECT, DISTRICT PROJECT 6144
Submitted By:
David J. Reindl, Associate Engineer
Initiating Dept. /Div.:
Operations / Plant Operations /
Maintenance Engineering
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
General
ISSUE: All work has been completed on the Steam System Improvements Project,
District Project 6144, and the project can now be closed out.
RECOMMENDATION: Close out the project.
FINANCIAL IMPACTS: None related to this action.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: The treatment plant steam system was originally installed during the
5a treatment plant expansion in the late 1970's. The steam system as designed, is an
integral part of plant operations, and is an economical source of energy for aerating the
secondary process. Over 85 percent of the steam generated is a result of the heat -
recovery operation in the furnace waste -heat boilers and cogeneration systems.
This project upgraded the auxiliary boilers with the manufacturer's low nitrous oxide
(NOx) emissions burner, replaced numerous valves, and inspected and corrected leaks
in the existing deaerator. Additional work included replacing the boiler makeup water
softener and the turbine - driven, boiler- feed -water pumps. The boiler chemical feed
system was upgraded to accept delivery of bulk chemicals. In addition controls for the
waste -heat exchanger, aeration blowers, and auxiliary boilers were upgraded to provide
a more effective system operation.
The Board of Directors authorized the award of a construction contract for the work in
the amount of $817,000 to Pacific Mechanical Corporation on August 17, 2000. The
contract completion date was March 19, 2001. The project was completed and
accepted by the Board on August 9, 2002.
The value of the original contract work performed by Pacific Mechanical was $817,000.
Four change orders totaling $126,269 were issued to repair or replace additional steam
SACorrespondence \Position Papers\20050P6144- Closeout.doc
Page 1 of 3
POSITION PAPER
Board Meeting Date: July 7, 2005
Subject ADVISE THE BOARD OF THE CLOSEOUT OF THE STEAM SYSTEM IMPROVEMENTS
PROJECT, DISTRICT PROJECT 6144
system components. An additional $322,212 was expended to replace burners and
controls on the auxiliary boiler to maintain compliance with current emission limits.
The final authorized budget for the project was $1,645,000. The total project cost was
$1,643,317 (see Attachment 1). The project close out will result in $1,683 being
returned to the Treatment Plant Program.
RECOMMENDED BOARD ACTION: This item is presented to the Board Of Directors
for information. No action is necessary.
SACorrespondence \Position Papers\20050P6144- Closeout.doc
Page 2 of 3
ATTACHMENT 1
EXPENDITURE SUMMARY
STEAM SYSTEM IMPROVEMENTS PROJECT
DISTRICT PROJECT NO. 6144
ACTIVITY
COST
Total Budget
$ 1,645,000
Construction Contract
$
817,000
Change Orders
$
126,269
Change Orders % of Construction
15%
Total Construction Amount
$
943,266
Process Equipment
$
322,212
Engineering, Construction Management, Administration
$
377,839
Engineering, Construction Management, Administration
% of Construction
o
30 /o
TOTAL PROJECT EXPENDITURES
$ 1,643,317
TOTAL RETURN TO TREATMENT PLANT PROGRAM
$
1,683
SACorrespondence \Position Papers\20050P6144- Gloseout.doc
Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005 No.: 3.g. CONSENT CALENDAR
Type of Action: INFORMATIONAL
subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE TREATMENT PLANT
ELECTRICAL CABLE REPLACEMENT PROJECT, DISTRICT PROJECT 7214
Submitted By: Initiating DeptJDiv.:
Alex Rozul, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
l� i
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A. ozul B. Than W. Brennan A. Fa II
General
ISSUE: All work has been completed on the Treatment Plant Electrical Cable
Replacement Project, District Project 7214, and this project can now be closed out.
RECOMMENDATION: Close out the project.
FINANCIAL IMPACTS: This closeout will result in $277,603 being returned to the
Treatment Plant Program. Attachment 1 shows the project expenditures by category.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: Power for the treatment plant's electrical system is distributed (fed)
from the main substations to the local area substations through medium -high voltage
electrical cables. These "feeder" cables were installed in the mid- 1970's and were
aluminum or copper with insulation that was not suitable for wet locations. In
submersed conditions, the insulation was found to crack, which can lead to catastrophic
failure. Maintenance inspections uncovered areas that were candidates for premature
failures that could seriously cripple the plant's electrical system. Seventy percent (70 %)
of those cables were replaced in previous capital improvement projects.
This project replaced the remaining medium -high voltage cables to maintain the
reliability of the main electrical distribution system. Plans and specifications for this
project were produced by ATS Engineering Services (ATS) and District staff and were
reviewed by Montgomery Watson Harza (MWH). MWH also provided construction
support services that included reviewing shop drawings and submittals.
The contractor, Con J. Franke Electric Inc., commenced work on August 4, 2004. The
project was completed and accepted by the Board on November 18, 2004.
I: \Position Papers\2005\July \7214 TP Elec Cable Replace Closeout.DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: July 7, 2005
subject~ ADVISE THE BOARD OF THE CLOSEOUT OF THE TREATMENT PLANT
ELECTRICAL CABLE REPLACEMENT PROJECT, DISTRICT PROJECT 7214
The original construction contract amount was $1,047,700. There were two (2)
construction change orders issued totaling $8,300. The resulting total amount paid to
Con J. Franke Electric Inc. was $1,056,000.
The final authorized budget for the project was $1,606,000, which included a
contingency of $209,300. The total project cost was $1,328,397, which is
approximately 17 percent less than the budgeted amount. The project closeout will
result in $277,603 being returned to the Treatment Plant Program.
RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors
for information. No action is necessary.
I: \Position Papers\2005 \July \7214 TP Elec Cable Replace Closeout.DOC Page 2 of 3
ATTACHMENT 1
EXPENDITURE SUMMARY
TREATMENT PLANT ELECTRICAL CABLE REPLACEMENT PROJECT (DP 7214)
ACTIVITY
COST
Total Budget
$1,606,000
Construction Contract
$1,047,700
Change Orders
$8,300
Change Orders % of Construction
<1%
Total Construction Amount
$1,056,000
Engineering, CM, Admin
$272,397
Engineering, CM, Admin - % of Construction
26%
TOTAL PROJECT EXPENDITURES
$1,328,397
TOTAL RETURN TO TREATMENT PLANT PROGRAM
$277,603
hPosition Papers\2005\July \7214 TP Elec Cable Replace Closeout.DOC Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005
NO-: 3.h. CONSENT CALENDAR
Type of Action: INFORMATIONAL
Subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE TREATMENT PLANT
PROTECTIVE COATINGS PROJECT, PHASE 2, DISTRICT PROJECT 7221
Submitted By: Initiating Dept /Div.:
Alex Rozul, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
40A A �, kgv- L, - t^ (
A. zul B. Than W. Brennan A. Farrell
General
ISSUE: All work has been completed on the Treatment Plant Protective Coatings
Project, Phase 2, District Project 7221, and this project can now be closed out.
RECOMMENDATION: Close out the project.
FINANCIAL IMPACTS: This closeout will result in $199,210 being returned to the
Treatment Plant Program. Attachment 1 shows the project expenditures by category.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: The original treatment plant was built in the late 1940's. Since then,
there have been multiple additions and expansions, such as that in the late 1970's.
Much of the process infrastructure is nearly 30 -years old. Unfortunately, limited coating
or repainting has occurred over the lifetime of the treatment plant. Prior to this project,
coating of equipment would sometimes be incorporated into current projects being
completed, but not consistently. Due to the corrosion of the facilities, proper coating
and protection is needed to reduce deterioration. The first phase of the Treatment
Plant Protective Coatings Project (DP 7212) rehabilitated two secondary clarifiers, two
24 -inch steel aeration pipes, the denitrification channel, the sludge blending tanks, all
non - fiberglass piping, and equipment in the Solid Conditioning Building's (SCB) odor
control unit. Phase 2 of the Treatment Plant Protective Coatings Project (DP 7221)
rehabilitated four secondary clarifiers, four 24 -inch steel aeration pipes, air plenum
drainpipes in the primary effluent channel, electrical substation MCC enclosures, fuel oil
storage tanks, and the water system air gap tanks.
The contractor, Kaweah Construction Company, commenced work on May 7, 2004.
The project was completed and accepted by the Board on December 2, 2004.
lAPosition Papers\2005\July \7221 TP Protective Coatings Closeout.DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: July 7, 2005
subject ADVISE THE BOARD OF THE CLOSEOUT OF THE TREATMENT PLANT
PROTECTIVE COATINGS PROJECT, PHASE 2, DISTRICT PROJECT 7221
The original construction contract amount was $1,177,622. There was one (1)
construction change order issued totaling $8,793. The resulting total amount paid to
Kaweah Construction Company was $1,186,415.
The final authorized budget for the project was $1,593,000, which included a
contingency of $176,378. The total project cost was $1,393,790, which is
approximately 12 percent less than the budgeted amount. The project closeout will
result in $199,210 being returned to the Treatment Plant Program.
RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors
for information. No action is necessary.
hPosition Papers\2005 \July \7221 TP Protective Coatings Closeout.DOC Page 2 of 3
ATTACHMENT 1
EXPENDITURE SUMMARY
TREATMENT PLANT PROTECTIVE COATINGS, PHASE 2 (DP 7221)
ACTIVITY
COST
Total Budget
$1,593,000
Construction Contract
$1,177,622
Change Orders
$8,793
Change Orders % of Construction
<1%
Total Construction Amount
$1,186,415
Engineering, CM, Admin
$207,375
Engineering, CM, Admin - % of Construction
17%
TOTAL PROJECT EXPENDITURES
$1,393,790
TOTAL RETURN TO TREATMENT PLANT PROGRAM
$199,210
hPosition Papers\2005\July \7221 TP Protective Coatings Closeout.DOC Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005 No.: 3J. . CONSENT CALENDAR
Type of Action: INFORMATIONAL
Subject: ADVISE THE BOARD OF THE CLOSE OUT OF 28 CAPITAL
IMPROVEMENT PROJECTS
Submitted By: Initiating Dept./Div.:
Gail Chesler, Associate Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD A ION:
G. Chesler R. Schmidt C. Swanson
A. Farrell
General
ISSUE: Work has been completed on 28 capital improvement projects. The financial
results are reported to the Board prior to closing the projects' accounts.
RECOMMENDATION: This item is presented to the Board of Directors for information
only. No action is necessary.
FINANCIAL IMPACTS: As a result of the close out of these 28 projects, $539,200 is
being returned to the Treatment Plant, Collection System, and General Improvements
Programs.
ALTERNATIVE /CONSIDERATIONS: No alternatives have been prepared. This is an
informational position paper.
BACKGROUND: 28 capital improvement projects have been completed and staff is
closing out the project accounts effective June 30, 2005. Below is a summary of the
allocated budgets and expenditures for the 28 projects by program. Attachment 1
summarizes the allocated budgets and expenditures for each individual project.
Attachment 2 contains a brief summary for each project.
Program
Allocated
Expenditures*
Under spent
Budget
(Overruns)
Treatment Plant
1,244,000
996,128
247,872
Collection System
5,058,769
4,814,196
244,573
General Improvements
448,159
401,395
46,755
Totals
6,750,928
1 6,211,719
1 539,200
S: \Position Papers \Chester \Closeout of 28 CIP.DOC Page 1 of 8
POSITION PAPER
Board Meeting Date: July 7, 2005
Subject ADVISE THE BOARD OF THE CLOSE OUT OF 28 CAPITAL
IMPROVEMENT PROJECTS
The total budget for the 28 projects is $6,750,928. Total project expenditures are
$6,211,719. A net under run of $539,200 (8% of the total authorized budgets) will result
in $247,872 being returned to the Treatment Plant Program, $244,573 being returned to
the Collection System Program, and $46,755 being returned to the General
Improvements Program.
RECOMMENDED BOARD ACTION: No action is necessary.
SAPosition Papers \Chesler\Closeout of 28 CIP.DOC Page 2 of 8
ATTACHMENT 1
CAPITAL PROJECTS TO BE CLOSED OUT
TREATMENT PLANT PROGRAM
DISTRICT
PROJECT
PROJECT TITLE
ALLOCATED
EXPENDITURES*
UNDERRUN
NO.
BUDGET
(OVERRUNS)
6134
SLUDGE DEWATERING
125,000
110,722
14,278
ENHANCEMENTS
6157
AERATION AIR LEAKS
600,000
475,192
124,808
5436
REPAIR
365,000
351,190
13,810
6164
TP COMPLIANCE REPORTING
109,000
44,317
64,683
7217
EMERGENCY BYPASS POINT
75,000
62,779
12,221
INVESTIGATION
7219
SAFETY ENHANCEMENTS
235,000
234,510
490
7223
SCRUBBER PUMPS
100,000
68,608
31,392
5630
RENOVATION
977,000
953,858
23,142
Program Totals
1,244,000
996,128
247,872
COLLECTION SYSTEM PROGRAM
DISTRICT
PROJECT
PROJECT TITLE
ALLOCATED
EXPENDITURES*
UNDERRUN
NO.
BUDGET
OVERRUNS
5246
2003 CURED -IN -PLACE
382,000
359,127
22,873
PIPE
5364
LA QUESTA MANHOLE
8,000
0
8,000
5436
WENDT RANCH OFFSITE
365,000
351,190
13,810
SEWER EASEMENTS
5499
CARMEL CT SEWER
147,000
142,710
4,290
RENOVATION
5601
ECHO SPRINGS ROAD
156,000
180,850
(24,850)
CAD 2001 -2
5630
MARTINEZ M3 SAG
977,000
953,858
23,142
RENOVATION
5640
CAMILLE COURT
146,869
146,869
0
CAD 2002 -1
5644
ARBOR LANE
178,000
155,498
22,502
CAD 2002 -4
5672
COW CREEK CROSSING
77,000
75,700
1,300
RENOVATION
5691
VIA DON JOSE
197,000
188,445
8,555
CAD 2002 -6
5700
N MAIN DOWNTOWN WC
552,900
553,005
(105)
5714
LA SONOMA WAY
77,000
59,294
17,706
CAD 2002 -5
SAPosition Papers \Chester \Closeout of 28 CIP.DOC Page 3 of 8
5724
ROSSMOOR SEWER
IMPROVEMENTS - PH 9
507,000
422,357
84,643
5727
ACACIA FORCE MAIN
160,000
154,816
5,184
5772
2004 - 05 DEVELOPMENT
SEWERAGE
988,000
976,054
11,946
5925
DIABLO FACILITIES PLAN
50,000
16,058
33,942
5926
DANVILLE FACILITIES PLAN
25,000
24,985
15
5927
ORINDA SD RISK
ASSESSMENT
65,000
53,380
11,620
Program Totals
5,058,769
4,814,196
244,573
GENERAL IMPROVEMENTS PROGRAM
DISTRICT
PROJECT
PROJECT TITLE
ALLOCATED
EXPENDITURES*
UNDERRUN
NO.
BUDGET
OVERRUNS
8168
PERMANENT RECORDS
151,000
151,312
(321)
DRAWING CON
8176
ACQUISITION OF
25,159
25,160
(1)
EASEMENTS — MARTINEZ
8189
GEOGRAPHIC DATA
252,000
201,698
50,302
INTEGRATION
8204
HHWCF CANOPY
20,000
23,225
(3,225)
Program Totals
448,159
401,395
46,755
* Expenditures are estimated. While they include expenditures through May, some
additional charges, will occur during June prior to the end of the fiscal year on the 30tH
SAPosition Papers \Chesler \Closeout of 28 CIP.DOC Page 4 of 8
ATTACHMENT 2
CAPITAL PROJECTS TO BE CLOSED OUT
TREATMENT PLANT PROGRAM
Sludge Dewatering Enhancements, DP 6134, completed a number of enhancements
including improved centrifuge flush and hot water system, improved centrate
sampling system, installation of sludge cake level sensors in cake hoppers, and
purchase of a pressure washer for cleaning the centrifuges. The District also
cooperated with the Water Environment Research Foundation to test a number of
centrifuge automation devices for polymer control. Most recently, polymer- mixing
equipment was purchased to allow use of a new type of sludge dewatering polymer,
which is replacing the type that is no longer available.
The goal of the Aeration Air Leak Repair, DP 6157, was to improve reliability of the
plant's aeration piping systems above and below ground by inspection, renovation,
and replacement where required. The project involved exposing the headers and
branch lines in four locations around the aeration and nitrification tanks. The interior
of the entire length of the two 78 -inch headers south of the tanks, and the 24 -inch
header north of the tanks were inspected and the wall thickness tested to identify the
condition of the headers. Leaks in the branch lines, couplings and concrete
encasing were identified and corrected. In addition, the project investigated the
condition of the air plenum boxes and floor slabs under the aeration basins. The
investigation entailed the use of ground penetrating radar and vibration analysis
techniques, core drilling through the foundation slab to visually inspect the slab /rock
interface, and collecting soil samples from under the structure for analysis to
determine character and composition of the soils.
TP Compliance Reporting, DP 6164, provided both hardware and software for the
ModComp Data Archival and Retrieval System (DARS). It purchased a server to
replace the existing PC the data is achieved on. It also bought another interface
device for the backup of ModComp thus doubling reliability. The project also
provided custom vendor software modifications, which saves manpower to perform
the daily verification that the Treatment Plant process control complies with our Title
V air permit.
The Emergency Bypass Point Investigation, DP 7217, produced a technical
memorandum analyzing the ability to bypass plant flows through Pacheco Slough
under various flood conditions. Hydraulic conditions were calculated from the
bypass channel near Basin A North out to Walnut Creek and the Bay. The existing
emergency bypass point was compared to the option of relocating the emergency
bypass point to Basin B with a discharge to Walnut Creek. A new district project
appears in the FY 2005 -06 CIB to select and implement a bypass solution.
The TP Safety Enhancements, DP 7219, constructed many items resulting from the
District's safety suggestion program and the resulting safety work orders. Work
included replacing damaged grating, installing fall protection devices throughout the
treatment plant, improved access at the economizer in the SCB, and installing a
platform at Orinda Crossroads Pumping Station.
SAPosition Papers \Chesler \Closeout of 28 CIP.DOC Page 5 of 8
The Scrubber Pumps Renovation, DP 7223, produced a technical memorandum on
the performance problems occurring with the 12 pumps that provide spray water to
the wet scrubbers on each of the two furnaces in the Solids Conditioning Building.
An estimate was developed to replace and relocate the pumps and associated
piping at a cost of approximately $1,000,000. In lieu of building the project now, the
Plant Operations Division is testing a pump that can directly replace the existing
pumps. If the test pump can provide reliable service, its use would substantially
reduce the project cost while providing reliable service.
COLLECTION SYSTEM PROGRAM
2003 Cured -In -Place Pipe, DP 5246, installed 568 feet of 30" Cured -in -Place pipe
liner on Bancroft Road at Minert Road in Walnut Creek for structural repairs and to
prevent further corrosion. Also, 705 feet of 8" Cured -in -Place pipe liner on Moraga
Way at Glorietta Boulevard in Orinda was installed for structural repairs and to
prevent root and groundwater intrusion.
• The La Questa Manhole, DP 5364, was initially started to design and construct a
manhole along an easement sewer off of La Questa, Orinda. Subsequently, it was
determined that this manhole was not necessary.
• The Wendt Ranch Offsite Sewer Easements, DP 5436, acquired easements through
eminent domain proceedings. All project costs were reimbursed to the District by
Shapell Homes, the Wendt Ranch developer.
• The Carmel Court Creek Crossing Renovation, DP 5499, rehabilitated the protective
coating on the supporting structure and the 30 -inch sewer creek crossing of Walnut
Creek near Carmel Court. In addition, the project addressed concerns raised by
neighboring commercial establishments regarding the pipe bridge's appearance.
• Echo Springs Road CAD 2001 -2, DP 5601, financed design and construction of
1,055 feet of sanitary sewer to serve seven properties along Echo Springs Road in
Lafayette.
• The Martinez M3 Sag Renovation, DP 5630, abandoned the existing settled portion
of the 36 -inch gravity line, which had created a debris trap, and constructed a new
36 -inch sanitary sewer with manholes in Waterbird Way.
• Camille Court CAD 2002 -1, DP 5640, financed design and construction of 980 feet
of sanitary sewer to serve 10 properties along Camille Court in Alamo.
Arbor Lane CAD 2002 -4, DP 5644, financed design and construction of 733 feet of
sanitary sewer to serve ten properties along Arbor Lane and Bernie Lane in Alamo.
The Cow Creek Crossing Renovation, DP 5672, restored a channel within the Town
of Danville to its original configuration as it had been undermining an existing
manhole.
SAPosition Papers \Chesler \Closeout of 28 CIP.DOC Page 6 of 8
Via Don Jose CAD 2002 -6, DP 5691, financed design and construction of 1,241 feet
of sanitary sewer to serve 22 properties along Via Don Jose and North Jackson Way
in Alamo.
The Walnut Creek North Main Street Sewer Replacement, DP 5700, replaced
existing sewer lines on North Main Street between Civic Drive and Ygnacio Valley
Road. Work included construction of 1,640 feet of new 8 -inch and 12 -inch sanitary
sewer lines by open cut method, construction of seven new manholes,
reconstruction of laterals, abandonment of existing sewer lines, and paving. Work
was performed during night hours to minimize the impact on traffic and businesses.
La Sonoma Way CAD 2002 -5, DP 5714, financed design and construction of 327
feet of sanitary sewer to serve six properties along La Sonoma Way in Alamo.
• The Rossmoor Sewer Improvements - Phase 9, DP 5724, installed four manholes
and renovated 2,000 linear feet of six and eight -inch sewer line by open cut,
sliplining and pipe bursting methods. Upon completion of work, easements were
described, signed, and recorded.
• The Acacia Parallel Force Main, DP 5727, installed a new four -inch forcemain
running parallel to the existing forcemain. In additional, complete site paving was
achieved, which allows for adequate facility drainage. A valve structure was
installed which will allow the operating staff to work safely outside the wetwell.
• The 2004 - 05 Development Sewerage, DP 5772, was used to properly account for
the District's staff time and other direct costs associated with planning, design
reviewing and inspecting of main sewer extensions installed by developers and
individuals. These costs are recovered through plan review and inspection rates,
fees, and charges.
Diablo Facilities Plan, DP 5925, created a document that details the condition of
sewer lines in Diablo. The driving force for initiating this study was the increase in
maintenance and cleaning schedules as well as reports of damaged sewers in the
area. The document provides descriptions of problematic and high maintenance
sewer lines and performs a planning -level economic analysis, which it uses to help
determine renovation recommendations. The document also includes research into
locations of EBMUD waterlines and Contra Costa County Capital Improvement
Plans.
Danville Facilities Plan, DP 5926, created a document that details the condition of
sewer lines in downtown Danville. The driving force for initiating this study was the
increase in maintenance and cleaning schedules as well as reports of damaged
sewers in the area. The document provides descriptions of problematic and high
maintenance sewer lines and performs a planning -level economic analysis, which it
uses to help determine renovation recommendations. The document also includes
research into locations of EBMUD waterlines and Town of Danville Capital
Improvement Plans.
SAPosition Papers \Chesler \Closeout of 28 CIP.DOC Page 7 of 8
The Orinda Storm Drain Risk Assessment, DP 5927, accomplished the following:
The first component of the project was an evaluation study, where sites were
identified, visited, and evaluated based on risk potential. A technical memorandum
assessing potential exposure / remediation costs was developed and will be
discussed with Management and the Board.
GENERAL IMPROVEMENTS PROGRAM
The Permanent Records Drawings Conversion, DP 8168, accomplished the digital
conversion and scanning of 20,000 full size engineering permanent records
drawings (as -built drawings) to provide backup copies, improve legibility of old
damaged drawings, and increase productivity and access through the District's
Geographic Information System (GIS).
Through the Acquisitions of Easements, DP 8176, missing easements for existing
sewers were acquired. The District took over responsibility for the City of Martinez
sewer system in 1968. There were many missing or deficient easements for
portions of these existing sewers. Under the sewer transfer agreement, the City
identified the easement deficiencies. Through this project, dozens of missing
easements for existing sewers in Martinez were obtained.
The Geographic Data Integration (GDI), DP 8189, created an intranet based
Geographic Information System (GIS) that linked most of the digital location -based
data at the District. This innovative project has changed the basic workflows of
many of the working units at the District, contributing to significant cost savings,
more efficient use of employee time, and improved internal and external customer
service.
The HHWCF Canopy, DP 8204, was initially intended to install a canopy over the
waste bins at the HHWCF loading dock, and install ventilation improvements in the
HHWCF sorting and packing areas. Staff later determined that it would be more
economical to include the canopy in the HHWCF Roof Project. This project did
install ventilation fans on the sorting area roof and install filters on the supply air
ducting for the HHWCF.
SAPosition Papers \Chester \Closeout of 28 CIP.DOC Page 8 of 8
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July T, 2005 No.: 3.i. CONSENT CALENDAR
Type of Action: SET PUBLIC HEARINGS
subject: SET AUGUST 11, 2005 AT 2:00 P.M. AS THE DATE AND TIME FOR
PUBLIC HEARINGS ON THE KIEWIT PROPERTY CLEAN FILL LEASE PROJECT,
DP 8210
Submitted By: Initiating Dept/Div.:
Russell B. Leavitt, Engineering /Environmental Services Division
Management Analyst
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
J
IV" APK_. I f
R. Leavitt ren an A. Farrell *General ,
er
ISSUE: District practice is to hold a public hearing prior to the Board's possible
adoption of a Negative Declaration or Mitigated Negative Declaration. In addition, under
Health and Safety Code § 6514.1, a sanitary district may lease unneeded district
property only after holding a public hearing, which affords all persons present an
opportunity to be heard with respect to the proposed lease.
RECOMMENDATION: Set August 11, 2005 at 2:00 p.m. as the date and time for public
hearings on the proposed lease of the Kiewit Property, APN # 159- 140 -051, for use as a
clean fill site by an independent operator and the consideration and possible adoption of
a Mitigated Negative Declaration.
FINANCIAL IMPACTS: Not applicable.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: A Mitigated Negative Declaration has been prepared for the Kiewit
Property Clean Fill Project, District Project 8210. The District plans to lease its Kiewit
Property parcel for a clean fill site to obtain revenue. The site is approximately 33 acres
and located between Grayson and Walnut Creeks, Highway 4, and Imhoff Drive
adjacent to the District wastewater treatment plant in Martinez, Contra Costa County,
California (see Attachment 1 for a site map). The vacant property is owned by the
District and used as a buffer zone for the wastewater treatment plant located to the west
of the project, across Grayson Creek. The project scope consists of filling the site with
clean fill to match the elevation of Imhoff Drive to the north. The site will be raised a
nominal five feet to an elevation estimated to range from 20 to 23 feet above sea level.
A private lessee /clean fill site operator will be selected by the District to design the
project, obtain permits, and operate the project over its expected three -year life.
Page 1 of 3
S: \Position Papers \Leavitt \Set Kiewitt Property Public Hearing.doc
POSITION PAPER
Board Meeting Date: July 7, 2005
Subject: SET AUGUST 11, 2005 AT 2:00 P.M. AS THE DATE AND TIME FOR
PUBLIC HEARINGS ON THE KIEWIT PROPERTY CLEAN FILL LEASE PROJECT,
DP 8210
While not required by law or the District's procedures, it has been the District's
customary practice to hold public hearings in advance of the adoption of Negative
Declarations or Mitigated Negative Declarations. Holding a hearing on the proposed
Mitigated Negative Declaration for the Kiewit Property would be consistent with this
practice.
Similarly, under Health and Safety Code § 6514.1, a sanitary district may lease district
property that is not needed during the term of a proposed lease only after holding a
public hearing which affords all persons present an opportunity to be heard. If a
sanitary district's board of directors finds that the proposed lease is compatible with
agency operations, is of public benefit, and is for a term of less than 10 years, the
sanitary district may follow less elaborate procedures as to the proposed lease.
This Board previously held a public hearing under Health and Safety Code § 6514.1 on
the Kiewit Property on June 2, 2005. However, that hearing was solely for the purpose
of considering the propriety of leasing the property for short term agricultural and related
uses. A new hearing is required under Health and Safety Code § 6514.1 if the District
wishes to lease the property for a clean fill operation. At that hearing, the Board could
consider such things as the compatibility of the proposed clean fill operation with District
activities and whether the Kiewit property would be needed during the proposed term of
the new lease.
RECOMMENDED BOARD ACTION: Set August 11, 2005 at 2:00 p.m. as the date and
time for public hearings on the Kiewit Property Clean Fill Lease Project, District Project
8210. At these hearings, the Board would consider the proposed Mitigated Negative
Declarations and also determine the propriety of leasing the property for a clean fill
operation under Health and Safety Code § 6514.1.
Page 2 of 3
SAPosition Papers \Leavitt \Set Kiewitt Property Public Hearing.doc
v
0
Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005 No.: 3.k. CONSENT CALENDAR
Type of Action: APPROVE REGISTRATION DIFFERENTIAL
subject: APPROVE REGISTRATION DIFFERENTIAL FOR ASSISTANT ENGINEER
NANCY KELLY
Submitted By:
Randy Schmidt
Senior Engineer
Initiating Dept /Div.:
Engineering /Environmental Services
REVE WED AND RECOMME DED FOR BOARD ACTION:
" V14 chmidt C. wanson A. Farrell
General
ISSUE: A registration differential requires the approval of the Board of Directors.
RECOMMENDATION: Approve a registration differential effective June 24, 2005 for
Assistant Engineer Nancy Kelly.
FINANCIAL IMPACTS: One -step salary increase (5 %).
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: Nancy Kelly is an Assistant Engineer in the Environmental Services
Division's Planning Work Group. This classification does not require registration as a
Professional Engineer. The Memorandum of Understanding (MOU) between the
District and the Management Support/Confidential Group provides for a one -step salary
increase for employees who achieve registration or license as Professional Engineer,
Land Surveyor or Certified Public Accountant while employed by the District in a
position not requiring such registration or license. Nancy Kelly has provided evidence
that she has passed all required examinations and is now licensed as a Professional
Engineer in California (see Attachment 1). Nancy has consistently demonstrated the
professional judgment and skill expected of a Professional Engineer in her assignments.
RECOMMENDED BOARD ACTION: Approve a registration differential effective June
24, 2005, for Assistant Engineer Nancy Kelly, as the registration differential provided for
in the MOU with the Management Support/Confidential Group.
Page 1 of 2
SAPosition Papers \Schmidt \N Kelly Registration Differential Increase.DOC
STATE OF CALIFORNIA -STATE AND CONSUMER SERVICES AGENCY ARNOLL D SCHWARZENEGGER, Govema
sacra BOARD FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS
a 2535 Capitol Oaks Drive, Suite 300, Sacramento, CA 95833 -2944
Consumer
A trs Telephone: (916) 263 -2222 Calnet: 8- 435 -2222
Fax: (916) 263 -2246 or(916)263-2221
Board Internet Address: http: / /www.dca.ca.gov /pels
06/24/2005
NANCY A. KELLY
98 FOUNTAINHEAD CT
MARTINEZ, CA 94553
CONGRATULATIONSI
ID: 28518
Branch: Civi 1
We are pleased to inform you that you have successfully passed the recent Professional Engineer
examination. This letter will serve as temporary evidence that you now hold a valid license as a
Professional Engineer. A formal certificate, which will include your license number, will be prepared
and mailed to you within four to six weeks.
Please refer to the California Code of Regulations (Board Rules) for Professional Engineers and
Land Surveyors (Title 16, Division 5, Sections 400 - 474.5) for information on the following subjects
that are your responsibility. These Rules can be found on our website at
www.dca.ca.gov/pels/laws.htm
Rule 407 - Fees
Rule 411 -Seal and Signature
Rule 412 - Address Change
Rule 415 - Practice within Area of Competence
Of particular importance is that all licenses are subject to renewal, and payment of a renewal fee is
required. A renewal notice will be mailed to you several weeks before the expiration date of your
Professional Engineer license. If you do not receive a renewal notice, you are still responsible for
renewing your license.
If you wish to order a seal or stamp, you may purchase one from any stationary store or rubber
stamp company. Please note that some Engineers are required to seal, stamp and sign any plans,
specifications, or reports prepared by them, or under their direction. Board Rule 411 provides
specific criteria on seals.
Notices and newsletters from the Board Office cannot reach you unless we have your current
mailing address. Board Rule 412 requires you to advise us in writing of any address changes within
30 days after the effective date of the address change.
EXAMINATION AND LICENSING STAFF
Page 2 of 2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005 No.: 3.1. CONSENT CALENDAR
Type of Action: CONFIRM PUBLICATION
subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF DISTRICT
ORDINANCE NO. 236 - AN ORDINANCE AMENDING DISTRICT CODE SECTION
6.20.300 SCHEDULE OF REIMBURSEMENT FEES TO ESTABLISH
REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT DIRECTLY
CONNECT TO PROJECT 5497 (EL TOYONAL / CAMINO DEL CIELO, ORINDA),
PROJECT 5667 (DEL AMIGO ROAD, DANVILLE, OR PROJECT 5698 (EL
PINTADO, DANVILLE) STANDARD SEWER FACILITIES
Submitted By: Initiating Dept. /Div.: Administrative Department
Elaine R. Boehme
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
E. Boehme
General
ISSUE: Section 6490 of the Health and Safety Code of the State of California provides
that District ordinances shall be published once in a newspaper of general circulation
within the District, and provides that an Order of the Board of Directors of the District to
the effect that the ordinance has been published shall constitute conclusive evidence
that publication has been properly made.
RECOMMENDATION: Adopt a resolution confirming the publication of District
Ordinance No. 236.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance
was correctly published and therefore would be deemed procedurally valid by a court.
BACKGROUND: District Ordinance No. 236 which was adopted by the Board at the
meeting of May 19, 2005, and which amends District Code Section 6.20.300 Schedule
of Reimbursement Fees to Establish Reimbursement Fees Applicable to Properties that
Directly Connect to Project 5497 (El Toyonal /Camino Del Cielo, Orinda), Project 5667
(Del Amigo Road, Danville, or Project 5698 (El Pintado, Danville) Standard Sewer
Facilities, was published in the Contra Costa Times on May 28, 2005. Proof of
publication is attached.
RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of
District Ordinance No. 236.
S:\ADMIN \SECRETARY OF THE DISTRICT \Resolutions \PP CONFIRM PUB ORD 236.doc
Page 1 of 3
I
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above - entitled
matter.
I am the Principal Legal Clerk of the Contra Costa Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
October 22, 1934. Case Number 19764.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates, to -wit:
May 28
all in the year of 2005
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
ExecuT2ay lnut Creek, California.
On thi of May, 005 .. .. .. ..... .. ...SignatContrimes
P O Box 4147
Walnut Creek, CA 94596
(925) 935 -2525
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)
ORDINANCE NO. 236
AN ORDINANCE TO AMEND DISTRICT CODE SECTION 6.20.300 SCHEDULE OF REIMBURSEMENT FEES TO ESTABLISH
REIMBURSEMENT FEES APPLICABLE TO PROPERTIES THAT DIRECTLY CONNECT TO PROJECT 5497 (EL TOYONAL /
CAMINO DEL CIELO, ORINDA), PROJECT 5667 (DEL AMIGO ROAD, DANVILLE, OR PROJECT 5698 (EL PINTADO,
DANVILLE) STANDARD SEWER FACILITIES
WHEREAS, the Central Contra Costa Sanitary District (District) Code Chapter 6.20 provides for reimbursement
to installers of standard and special facilities from fees charged property owners when they apply to connect
their property to the public sewer system; and
WHEREAS, District Code Chapter 6.20 provides for the establishment of reimbursement accounts for construct-
ed standard and special facilities; and
WHEREAS, Project 5497, 5667 and 5698 sewers, the locations of which are shown on Exhibits A -1 A -2 and A -3 of
this ordinance, Incorporated in full herein by this reference, are standard facilities as defined (n District Code
Chapter 6.20; and
WHEREAS, reimbursement fees have been calculated by the method specified In District Code Chapter 6.20,
which calculations are summarized in Exhibits B -1, B -2 and B -3 of this Ordinance, incorporated in full herein by
this reference; and
WHEREAS, a properly noticed public hearing to receive comments on the proposed reimbursement fees was
conducted at the District Board of Directors' regularly scheduled meeting on May 19, 2005.
NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does ordain as follows:
Section 1
Reimbursement fees applicable to properties that directly connect to Project 5497, 5667 or 5698 standard sew-
er facilities, designated on Exhibits A -1, A -2 and A -3 are hereby established. Said reimbursement fees, which
shall be consecutively added to District Code Section 6.20.300 Schedule of Reimbursement Fees, have been cal-
culated in the manner set forth in District Code Chapter 6.20 and shown in Exhibit B -1, B -2 and B -3 of this ordi-
nance. The reimbursement fees for properties that directly connect to the projects as cited above shall be as
follows.
District Protect Description of Facility Actual ore of Number Reimbursement s
Number Estimated RUES PN UnR
Cost
5497 El Toyyonal /Camino Del Clelo, $124,411.76 6 $20,735.29
Orinda
5667 Del Amigo Road, Danville $64,410.66 2 $32,205.33
5698 El Plntado, Danville $110,989.70 4 $27,747.43
Section 2
The reimbursement fees set forth herein shall be administered, adjusted, and collected according to the provi-
sions of District Code Chapter 6.20.
Section 3
Exhibits A -1, A -2, A -3, B -1, B2 and B -3 hereto shall not be incorporated into the District Code; however, copies of
same shall be maintained in the District offices and made available for inspection during the periods when the
subject reimbursement fees is in effect
Section 4
This ordinance shall be a general regulation of the District and shall be published once In the Contra Costa
Times, a newspaper of general circulation within the District, and shall be effective on the eighth calendar day
following such publication.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Sanitary District on the 19th day of May
2005, by the following vote:
AYES: Members: Boneysteele, Menesini, Nejedly, Hockett
NOES: Members: None
ABSENT: Members: Lacey
COUNTERSIGNED:
/s/ Elaine R. Boehme
Secretary of the District,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
APPROVED AS TO FORM:
/s/ Kenton L Alm, Counsel for the District
Legal CCT 2958; Publish May 28, 2005
President of the BoBarbara r f D. Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
Page 2 of 3
RESOLUTION NO. 2005-
RESOLUTION CONFIRMING PUBLICATION OF
DISTRICT ORDINANCE NO. 236
AMENDING DISTRICT CODE SECTION 6.20.300 SCHEDULE OF
REIMBURSEMENT FEES TO ESTABLISH REIMBURSEMENT FEES
APPLICABLE TO PROPERTIES THAT DIRECTLY CONNECT TO
PROJECT 5497 (EL TOYONAL / CAMINO DEL CIELO, ORINDA),
PROJECT 5667 (DEL AMIGOROAD, DANVILLE, OR PROJECT 5698
(EL PINTADO, DANVILLE) STANDARD SEWER FACILITIES
WHEREAS, Section 6490 of the Health and Safety Code of the State of
California provides that District ordinances shall be published once in a newspaper of
general circulation within the District, and provides that an Order of the Board of
Directors of the District to the effect that the Ordinance has been published shall
constitute conclusive evidence that publication has been properly made.
NOW, THEREFORE, be it resolved by the Board of Directors of the Central
Contra Costa Sanitary District as follows:
THAT District Ordinance No. 236 which was adopted on May 19, 2005, and
which amends District Code Section 6.20.300 Schedule of Reimbursement Fees to
Establish Reimbursement Fees Applicable to Properties that Directly Connect to
Project 5497 (El Toyonal /Camino Del Cielo, Orinda), Project 5667 (Del Amigo Road,
Danville, or Project 5698 (El Pintado, Danville) Standard Sewer Facilities, has been
properly published once since its adoption in a newspaper of general circulation within
Contra Costa County.
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of
Directors this 7th day of July, 2005 by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
Kenton L. Alm
District Counsel
Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005 No.: 5.a. BIDS AND AWARDS
Type of Action: AUTHORIZE AWARD
subject: AWARD A CONSTRUCTION CONTRACT TO POWER ENGINEERING
CONTRACTORS FOR THE CONSTRUCTION OF THE HOUSEHOLD HAZARDOUS
WASTE COLLECTION FACILITY PAINT BULKING ROOM MODIFICATIONS
PROJECT, DISTRICT PROJECT 8209
Submitted By. Initiating Dept /Div.:
Clint T. Shima, Assistant Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
C. Shima
40- r, bly
B. Than B. Br nnan A. Farrell
General
ISSUE: On June 15, 2005, sealed bids were received and opened for the Household
Hazardous Waste Collection Facility Paint Bulking Room Modifications Project,
District Project No. 8209. The Board of Directors must make a determination whether
to award the contract to the lowest bidder within 50 days of the bid opening.
RECOMMENDATION: Authorize award of a construction contract to the lowest bidder,
Power Engineering Contractors.
FINANCIAL IMPACTS: Construction costs are approximately $250,000 including bid
price, contingency and construction management.
ALTERNATIVES /CONSIDERATIONS: Alternatives include (1) award a construction
contract to Power Engineering Contractors, or (2) reject all bids. Staff does not
recommend that the Board reject all bids.
BACKGROUND: Latex paint is currently bulked by hand for 5- gallon containers and a
machine is available for 1- gallon containers. During peak periods, paint is received
faster than it can be bulked. Paint containers are delivered to the bulking room in large
bins carried by a forklift. The existing room was not designed to accommodate the
forklift.
To improve the efficiency and safety of the paint bulking, a new bulking machine will be
installed that will mechanically bulk 5- gallon and smaller containers. The room will be
modified to better accommodate the forklifts and large bins. Attachment 1 shows the
location of this project work.
The design of the Household Hazardous Waste Collection Facility Paint Bulking Room
Modifications Project was a combined effort of District staff and ATI Architects and
Engineers (ATI). The engineer's pre -bid estimate for the construction cost was
L: \Position Papers \Shima \8209 - Award.doc Page 1 of 5
POSITION PAPER
Board Meeting Date: July 7, 2005
subject. AWARD A CONSTRUCTION CONTRACT TO POWER ENGINEERING
CONTRACTORS FOR THE CONSTRUCTION OF THE HOUSEHOLD HAZARDOUS
WASTE COLLECTION FACILITY PAINT BULKING ROOM MODIFICATIONS
PROJECT, DISTRICT PROJECT 8209
$160,000. The project was advertised on May 24 and 25, 2005. Four (4) bids ranging
from $172,001 to $187,000 were received and publicly opened on June 15, 2005. A
summary of these bids is shown on Attachment 2. The apparent low bid is from Power
Engineering Contractors in the amount of $172,001.
The Capital Projects Division conducted a technical and commercial evaluation of
these bids and has determined that Power Engineering Contractors is the lowest
responsible bidder with a bid amount of $172,001.
District staff will perform construction management, inspection, and construction
contract administration. ATI has performed satisfactorily during the design phase of
this project and staff recommends retaining ATI to provide support services during
construction for this project. The 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. Staff
has negotiated a professional engineering service agreement with ATI with a cost
ceiling of $7,000.
The allocation of funds required to complete this project, as shown in Attachment 3, is
$230,000. The Household Hazardous Waste Collection Facility Paint Bulking Room
Modifications Project is included in the 2005 -2006 Capital Improvement Budget on
pages GI -33 through GI -34. 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 public facility. Approval of this award establishes the Board of
Directors' independent finding that this project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Staff recommends for the Board's approval to
authorize award of a construction contract in the amount of $172,001 for construction of
the Household Hazardous Waste Collection Facility Paint Bulking Room Modifications
Project, District Project 8209 to Power Engineering Contractors, the lowest responsive
and responsible bidder.
LAPosition Papers \Shima \8209 - Award.doc Page 2 of 5
J
0 150 900
FEET
PROJECT
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Central Contra Costa HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY Attachment
Sanitary District PAINT BULKING ROOM MODIFICATIONS
10
CD
District Project 8209
>a6
Project Location
Page 3 of 5
ATTACHMENT 2
HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY PAINT BULKING
ROOM MODIFICATIONS PROJECT
DISTRICT PROJECT NO. 8209
SUMMARY OF BIDS
PROJECT NO.: 8209 DATE: June 15, 2005
PROJECT NAME: Household Hazardous Waste Collection Facility Paint Bulking Room
Modifications Proiect
LOCATION: Martinez, California ENGINEER EST.: $160,000
No
BIDDER
BID PRICE
Name & address
1
Power Engineering Contractors
1501 Viking Street, Suite 200
$172,001
Alameda, CA 94501 -5017
2
D.W. Nicholson Corporation
24747 Clawiter Road
$172,456
Hayward, CA 94540 -4197
3
Monterey Mechanical Company
8275 San Leandro Street
$182,000
Oakland, CA 94621 -1901
4
EA Sparacino
2506 Via Verde
$187,000
Walnut Creek, CA 94598
BIDS OPENED BY /s/ Elaine Boehme
DATE June 15, 2005
Page 4 of 5
ATTACHMENT 3
HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY PAINT
BULKING ROOM MODIFICATIONS PROJECT
DISTRICT PROJECT NO. 8209
POST - BID / PRE - CONSTRUCTION ESTIMATE
Page 5 of 5
% of
No.
Item Description
Amount
Estimated
Construction
Cost
1
CONSTRUCTION
a. Construction Contract
$172,001
b. Contingency at 20%
$33,999
c. Permit
$5,000
TOTAL CONSTRUCTION
$211,000
100%
2
CONSTRUCTION MANAGEMENT
a. District Forces
- Construction Management and Inspection
$32,000
SUBTOTAL
$32,000
15%
b. Consultants
- ATI Architects and Engineers
$7,000
SUBTOTAL
$7,000
3%
TOTAL CONSTRUCTION MANAGEMENT
$39,000
18%
3
TOTAL CONSTRUCTION PHASE COST
$250,000
118%
4
TOTAL PREBID EXPENDITURES
$55,000
26%
5
TOTAL DESIGN AND CONSTRUCTION MANAGEMENT COST
$94,000
45%
6
TOTAL ESTIMATED PROJECT COST
$305,000
145%
7
FUNDS AUTHORIZED TO DATE
$75,000
8
ADDITIONAL ALLOCATION NEEDED TO COMPLETE PROJECT
$230,000
Page 5 of 5
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Source Control
Update
Board Meeting July 7, 2005
Regulatory Compliance
_. Customer Service Initiatives
Overview of Process
• Audited Source Control files
• Selected three industries for site visit
• Accompanied Source Control Inspectors
on site visit
� - (D(. Q-)
Pretreatment Compliance
Inspection (PCI)
■ March 16 -17, 2005 Inspection by USEPA,
SWRCB, and CRWQCB
■ 2005 PCI Report - Dated April 28, 2005
■ Response within 45 days in writing -
Delivered June 10, 2005
Overview of Findings
• District Program is rigorous and well run
• District Inspectors are knowledgeable and
professional
• District has very little flexibility in
interpretation of the regulations
• From a technical standpoint, the District
Program is exemplary
1
PCT FINDINGS
Legal Authority not Properly Documented
Requirements for complying with Total Toxic Organic Limit
Use of Toxic Organic Management Plan in lieu of monitoring
Authority to analyze only pollutants expected to be present
Must Sample and Analyze Properly
Only analytical methods form 40 CFR Part 136 may be used
Proper sampling methods must be used (grab vs. composite)
Must Identify Non - Compliance
Violation for Total Toxic Organics missed
Non - compliance notice from industry not received in 24 hrs
Re- sampling not conducted within 30 days
Must Implement Enforcement
Must consistently take enforcement action when non - compliance identified
Audit Team Recommendation
to EPA Region 9
• Nominate CCCSD for National
Pretreatment Award
• Large Pretreatment Program
(> 21 Significant Industrial Users)
• Representing all of Region 9
(CA,NV,HW,AR)
RESPONSE TO PCI FINDINGS
Legal Authority will be updated at same time as new local limits are
incorporated in District Code.
Letter will be sent to all permitted industrial users reviewing proper
sampling techniques and analytical methods.
New permits and permit renewals will include information on proper
sampling techniques and analytical methods.
A checklist has been developed and will be used to review each
permit and self- monitoring report to ensure that instances of non-
compliance are not overlooked. No discretion Is allowed.
All instances of non - compliance will be reviewed to ensure that
proper enforcement action is taken.
Customer Service Initiatives
Develop an Inspection approach that
Integrates proactive customer service
with effective pretreatment and
stormwater Inspection
Solicit input from the Develop a best
business community practices model
2
Plan of Action
• Ride Alongs
• Industrial User Focus Group
• Industrial User Survey
• Customer Service Training
• Development of Best Practices Model
Industrial User Focus Group
• Want help in complying with regulations
• Want to be approached as partner, not
adversary
• Want consistent approach among SC
Inspectors
• Want to know when their sampling is in
compliance
Industrial User Focus Group
■ 12 permitted industries participated
■ Found it helpful to hear CCCSD also has to
"comply" with EPA and other regulations
■ Process, more than the SC Inspectors,
seemed to be the issue
■ Told us CCCSD permits are more complex
than others
Key Recommendations
• Revise current website information
• Put applicable permit forms on -line
• Investigate pre - consultation visit for newly
permitted businesses
• Develop a "Cliffs Notes" on regulations
■ Mail /e -mail bi- annual newsletter targeting
permitted industries
. Use e-mail rather than phone to schedule
appointments and provide information
3
Key Recommendations (cont.)
■ Develop an Industrial Users' Workshop to
provide businesses with help on
• Understanding the permitting process
• Sampling protocols and strategies
• Analytical techniques
• EPA requirements
• Enforcement procedures
Customer Service Training
• Each SC Inspector to be assessed on his
current level of customer service skills
• Specific customer service training to be
conducted in -house
• Best practices model to be jointly
developed to ensure inspection and
enforcement consistency
rd
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2005 No.: 9.a. BUDGET AND FINANCE
Type of Action:
Subject: AUTHORIZE ASSIGNMENT AND AMENDMENT OF DEFERRED
COMPENSATION PLAN ADMINISTRATION AGREEMENT
Submitted By:
Initiating Dept /Div.:
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
�V/
D. Rat . MA raves
A
n
ISSUE: Board authorization is needed to assign and amend the District's Deferred
Compensation Plan Administration Agreement from National Deferred Compensation,
Inc., to Nationwide Retirement Solutions, Inc.
RECOMMENDATION: The Deferred Compensation Plan Advisory Committee
recommends that the Board authorize the assignment and amendment of the District's
Deferred Compensation Plan Administration Agreement from National Deferred
Compensation, Inc., to Nationwide Retirement Solutions, Inc.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: The Board could choose not to amend the
existing agreement.
BACKGROUND: In November 1999, the District's Board authorized the assignment
and amendment of the Deferred Compensation Plan Administration Agreement from
Washington Mutual Bank, FA, to National Deferred Compensation, Inc. Since that
time, National Deferred Compensation, Inc., has provided administrative,
recordkeeping, report, enrollment, sales and brokerage functions for the District's 457
Deferred Compensation Plan, and the 457 FICA - Substitute Plan for Part-time,
Seasonal, and Temporary Employees (PST).
National Deferred Compensation, Inc., was acquired by Nationwide Retirement
Solutions, Inc., in 1998. National Deferred Compensation, Inc., now desires to assign
and transfer to Nationwide Retirement Solutions, Inc., its rights and interest in the
District's Administration Agreement. Nationwide Retirement Solutions, Inc., will now
provide all administrative reporting, recordkeeping, enrollment, sales and brokerage
functions for the District's 457 Deferred Compensation Plan and FICA - Substitute Plan.
Page 1 of 7
SAADMIMPOSPAPERTeffered Comp 06- 2005.doc
POSITION PAPER
Board Meeting Date: July 7, 2005
subject: AUTHORIZE ASSIGNMENT AND AMENDMENT OF DEFERRED
COMPENSATION PLAN ADMINISTRATION AGREEMENT
This amendment has been reviewed by both the Deferred Compensation Advisory
Committee and the District's benefit counsel, Lee Trucker.
RECOMMENDED BOARD ACTION:
Authorize the assignment and amendment of the District's Deferred Compensation Plan
Administration Agreement from National Deferred Compensation, Inc., to Nationwide
Retirement Solutions, Inc.
Page 2 of 7
S:WDMIN \POSPAPER \Deffered Comp 06- 2005.doc
LjNationwide
Retirement Solutions
a Nationwide Financial company
20`h April, 2005
Deborah L Ratcliff
Cent Ctra Costa Sani 457 Plan &Trust
Dear Deborah L Ratcliff ;
We had previously announced the re- branding of our affiliate company, National Deferred
Compensation, Inc., that occurred on June 30, 2004. The re- branding served to integrate
National Deferred Compensation, Inc. (NDC) with Nationwide Retirement Solutions, Inc.
(Nationwide), and it's operational, education and marketing services to ensure quality service
to our customers.
The re- branding phase included the delegation of all duties and responsibilities from NDC
to Nationwide. In June 2004, Nationwide began providing all services previously provided
by National Deferred Compensation, Inc. Nationwide is now the sole entity responsible for
providing all services under the NDC Administrative Agreements. Since Nationwide is
responsible for all performance to you and your participants, Nationwide is requesting that
your Deferred Compensation Plan Administrative Agreements for your 457 Deferred
Compensation Plan and your FICA - Substitute Plan for Part -Time, Seasonal, and Temporary
Employees (PST) be assigned to it. This will avoid unnecessary inconvenience for our
customers.
Nothing in the enclosed Assignment Agreement modifies the current investment options
under either Plan. The Assignment Agreement does include a modification regarding
consolidated participant statements, which will be provided annually rather than quarterly for
the PST Plan. There are no modifications to the 457 Deferred Compensation Plan. All
other terms and conditions will continue to apply without modification.
Please sign the enclosed Assignment Agreement and return it in the postage paid
envelope provided. Please retain a signed copy for your records.
We value your business and appreciate the loyalty and confidence you have placed in us over
the years. We are committed to providing exceptional service and unparalleled education to
you. We have changed our name, but not our voice. Nationwide is On Your Side!
Sincerely,
Lance W. Kesterson
Vice President of Operations
Nationwide Retirement Solutions
Enclosures: One (1) Assignment Agreement, One (1) Postage Paid Envelope
Securities offered by Nationwide Investment Services Corporation, Member NASD
In Michigan only: Nationwide Investment Svcs. Corporation Page 3 Of %
5900 Parkwood Place, Columbus, Oh 43016 g
ASSIGNMENT AND AMENDMENT OF DEFERRED COMPENSATION
PLAN AND FICA - SUBSTITUTE PART -TIME, SEASONAL, AND TEMPORARY
EMPLOYEE ADMINISTRATION AGREEMENT
This Assignment of the Deferred Compensation Plan Administration Agreement and
FICA - Substitute Part-Time, Seasonal, and Temporary Employee Administration
Agreement (the "Assignment Agreement ") is entered into this 7th day of
Jill , 2005, by and among National Deferred Compensation, Inc ( "Assignor ")
and Nationwide Retirement Solutions, Inc. (the "Assignee ") and the
Central Contra Costa Sanitary District
( "Agency ")
BACKGROUND
A. The Assignor is the successor party to Washington Mutual, FA ( "WaMu ") to a certain
Deferred Compensation Plan Administration Agreement dated November 4 ,
199 9, by and between Agency and WaMu.
B. By assignment from WaMu, the Assignor assumed contractual rights and obligations
to provide certain administrative, recordkeeping, reporting, enrollment, sales and
brokerage functions for the Agency's Section 457 Deferred Compensation Plan
pursuant to the terms of the Deferred Compensation Plan Administration Agreement.
The administrative, reporting, and recordkeeping functions were sub - contracted by
WaMu to Assignor pursuant to the Administrative Service Contract dated July 1,
1993 while the enrollment, sales, and brokerage functions were sub - contracted to
Assignor per the First Amendment to Administrative Service Contract dated February
24, 1997 (collectively the "Joint Sub - Servicing Agreement"). All right, title, and
interest in the Deferred Compensation Plan Administration Agreement, other than
Assignor's depository functions associated with federally insured deposit products
established prior to the date of the assignment from WaMu to Assignor, were
assigned to Assignor.
C. By assignment from WaMu, the Assignor assumed contractual rights and obligations
to provide certain administrative, recordkeeping, reporting, enrollment, sales and
brokerage functions for the Agency's Section 457 FICA - Substitute Plan for Part-time,
Seasonal, and Temporary Employees (PST) pursuant to the terms of the Plan
Administration Agreement. The administrative, reporting, and recordkeeping
functions were sub - contracted by WaMu to Assignor pursuant to the Administrative
Service Contract dated July 1, 1993 while the enrollment, sales, and brokerage
functions were sub - contracted to Assignor per the First Amendment to the
Administrative Service Contract dated February 24, 1997 (collectively the "Joint Sub -
Servicing Agreement "). All right, title, and interest in the PST Plan Administration
Agreement established prior to the date of the assignment, other than Assignor's
depository functions associated with federally insured deposit products established
030705 PST ahc Page 1 of Page 4 of 7
prior to the date of the assignment from WaMu to Assignor, were assigned by
Assignor.
D. The Assignor was acquired by a wholly -owned subsidiary of Nationwide Financial
Services, Inc. (NFS) in 1998. The Assignor now desires to assign and transfer to
Assignee all of Assignor's right, title, and interest in and to the Deferred
Compensation Plan Administration Agreement, other than WaMu's despository
functions associated with federally insured deposit products established prior to the
date of the assignment from WaMu to Assignor, and Assignee, an indirect subsidiary
of NFS, desires to accept such assignment.
STATEMENT OF AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the terms and
conditions hereinafter set forth and for other good and valuable consideration, the
sufficiency and receipt of which are hereby acknowledged, the parties, intending to be
legally bound, do hereby agree as follows:
1. Assignment
Assignor does hereby grant, assign, transfer, convey and deliver to Assignee, all of
Assignor's right, title and interest in and to the Deferred Compensation Plan
Administration Agreement and PST Administration Agreement accruing on or after the
date of this Assignment Agreement, other than those depository functions described in
Section 4.A. and 4.B. of such Deferred Compensation Plan Administration Agreement
and PST Administration Agreement entitled "Investment Options ", which will continue
to be performed by WaMu on or after the date of this Assignment.
2. Acceptance of Assignment
Assignee does hereby accept the assignment set forth in Section 1 herein and expressly
assumes and agrees to keep, perform and fulfill the terms, covenants, conditions and
obligations required to be provided by Assignor under the Deferred Compensation Plan
Administration Agreement and PST Administration Agreement.
3. Indemnification
Assignee, its successors and assigns, hereby covenant and agree that they shall defend,
indemnify and hold harmless Assignor from and against any and all claims, liabilities,
damages, losses, suits, costs and expenses of every kind, nature and type asserted by any
person, entity or party attributable to events arising out of or under the Deferred
Compensation Plan Administration Agreement and the PST Administration Agreement
on or after the date of this Assignment. All indemnity rights existing under the Joint Sub -
Servicing Agreement between WaMu and Assignor are not superseded by this
Assignment Agreement and shall remain in full force and effect.
030705 PST ahc Page 2 of 4
Page 5 of 7
4. Consent to Assignment
The Agency hereby consents to the assignment set forth in this Assignment Agreement
and hereby acknowledges that all rights, obligations or liabilities under the Deferred
Compensation Plan Administration Agreement and the PST Administration Agreement
accruing on or after the effective date of this assignment will be the responsibility of
Assignee and Assignor is expressly released from such obligations and liabilities
assigned hereunder.
5. Consolidated Participant Statements for PST Administration Agreement
The Agency hereby consents to the following modification of the PST Administration
Agreement:
o.F. Nationwide will provide participants consolidated annual statements detailing
participant's annual deferral amounts, account balance information that includes changes
in account value since the previous report date and any fees or charges assessed against
the Participant account. Participants shall be informed that they must notify Nationwide
within thirty (30) days of receipt of their statements or confirmation of their investments,
to report any errors to Nationwide. Nationwide will not be liable for any errors not
reported within this time frame.
All other terms and conditions of the PST Administration Agreement remain unmodified.
5. Miscellaneous
The Assignment Agreement sets forth the entire understanding of the parties hereto with
respect to the assignment of the Deferred Compensation Plan Administration Agreement
and the PST Administration Agreement and shall supersede all prior contracts,
agreements, arrangements, communications, discussions, representations and warranties,
whether oral or written, among the parties related to said assignment. The parties hereto
expressly agree that the Joint Sub - Servicing Agreement between WaMu and Assignor is
in full force and effect; provided, however, any rights, liabilities and obligations
thereunder relating to Agency that accrue on or after the date hereof are terminated. This
Assignment Agreement shall be binding upon and inure to the benefit of successors and
assigns of each of the parties hereto. The rights, obligations or liabilities under this
Assignment Agreement shall not be assignable by any party without the prior written
consent of each of the parties hereto. This Assignment Agreement may be executed in
any number of counterparts, each of which shall be deemed to be an original and legally
binding for contractual purposes. The failure on the part of the parties hereto to enforce
any provision of this Assignment Agreement shall not be construed to be a waiver of
such provision or of the right thereafter to enforce same, and no waiver of any breach
shall be construed as an agreement to waive any subsequent breach of the same or any
other provision.
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In all other respects, the Deferred Compensation Plan Administration Agreement and
PST Administration Agreement, with the exception of Section 6.F thereunder, shall
remain the same.
IN WITNESS WHEREOF, the parties to the Assignment Agreement have
executed this instrument to be effective on the date set forth above.
National Deferre Compensation, Inc.
By:
Lance . Kesterson
Its: Vice President, General Manager
Nationwide Retirement Solutions, Inc.
By:
obert A. Bilo
Its: Regional Vice President
Agency - Central Contra Costa Sanitary District
By:
Its: President of the Board, Barbara D. Hockett
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