HomeMy WebLinkAbout01/12/2006 AGENDA BACKUPJanuary 12, 2006
3.a. AWARDS AND COMMENDATIONS
Page 1 of 3
Resolution commending Barbara D. Hockett for her service as President
of the Central Contra Costa Sanitary District Board of Directors
RESOLUTION NO. 2006 -001
RESOLUTION COMMENDING BARBARA D. HOCKETT
FOR HER SERVICE AS PRESIDENT OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
BOARD OF DIRECTORS
WHEREAS, Barbara D. Hockett was appointed to serve as President of the Board of
Directors of the Central Contra Costa Sanitary District for 2005; and
WHEREAS, under the able leadership of President Hockett, the District accomplished
significant goals and objectives, promoting the mission, vision and values of the District
to be a high performance organization that provides exceptional customer service and
full regulatory compliance at responsible rates; and
WHEREAS, President Hockett also served on the Board Household Hazardous Waste
Committee, Personnel Committee and Budget and Finance Committee, providing
oversight and review of the District's hazardous waste program, hiring practices and
fiscal management; and
WHEREAS, President Hockett served as the District representative at Sanitation and
Water Agencies of Contra Costa County meetings, as well as acting as District liaison
with the Towns of Alamo and Danville and the City of San Ramon; and
WHEREAS, during her term of office, President Hockett promoted and fostered the
development of partnerships and joint powers agreements with various cities and
agencies in the District, which streamlined projects, improved efficiencies and reduced
costs, including a two -year extension of the agreement with Contra Costa Clean Water
Program authorizing Source Control to continue conducting storm water inspections;
and
WHEREAS, President Hockett, understanding how businesses and residents may be
confused about the public agency permit process, was instrumental in providing
direction and input on the creation of a brochure to explain to CCCSD customers how
our permit process works; and
WHEREAS, another significant accomplishment was the update of the Solids Handling
Master Plan, which provides long -term plans for the treatment and disposal of biosolids
produced by the District wastewater treatment facility; and
WHEREAS, President Hockett oversaw the closure of the Orinda - Moraga Disposal
Service Receivership and subsequent disbursement of funds back to the affected
residents; and
WHEREAS, over the past year, the District constructed six major collection system
projects which renovated or replaced over 50,000 feet of pipe, and has substantially
completed the renovation of the Lower Orinda Pumping Station; and
WHEREAS, the District expanded its service area by connecting over 2,600 new
customers, primarily in the Dougherty Valley area, creating over $10,500,000 in sewer
connection fees; and
WHEREAS, in 2005 the District received the prestigious National Award for
Pretreatment Program Excellence from the U.S. Environmental Protection Agency,
recognizing the District's outstanding ongoing pollution prevention efforts, and also
received the National Association of Clean Water Agencies Gold Award for 100 percent
compliance with NPDES permit requirements; and
WHEREAS, the District also received the 2004 Achievement of Excellence in
Procurement Award from the California Association of Public Purchasing Officers,
commending the District for organizational excellence in public procurement; and
WHEREAS, during President Hockett's term as President, the prestigious Certificate of
Achievement for Excellence in Financial Reporting was received from the Government
Finance Officers Association for the District's 2004 fiscal year Comprehensive Annual
Financial Report.
NOW, THEREFORE, BE IT RESOLVED that President Barbara D. Hockett is hereby
commended for her distinguished service and leadership to the Central Contra Costa
Sanitary District during her year of office, resulting in the continued success of this high -
performance, fiscally - responsible organization that protects the public health and
environment every day.
PASSED AND ADOPTED this 12th day of January 2006.
Mario M. Menesini
President of the Board of Directors
Parke L. Boneysteele
Gerald R. Lucey
James A. Nejedly
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the District
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 12, 2006 No.: 4.a. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION
Subject: ADOPT RESOLUTION ACCEPTING 11 GRANTS OF EASEMENTS FOR
SEWER PURPOSES RELATED TO THE ALHAMBRA VALLEY TRUNK SEWER
PROJECT, DP -5919
Submitted By: Initiating Dept. /Div.:
Ricardo Hernandez Engineering /Environmental Services
Senior Engineering Assistant
REVIEWED AND RECOMMENDED FOR BOARD ACT ON: IL
R. Hernandez M. Penffy- 'G/Swanson A. Farrell rle *mane;r Gener
ISSUE: The Board of Directors must accept Grants of Easements by resolution.
RECOMMENDATION: Adopt a resolution accepting the Grants of Easements for
easements purchased to accommodate the Alhambra Valley Trunk Sewer.
FINANCIAL IMPACTS: Total cost of the 11 easements is $37,004. Funds for right -of-
way purchases were included in the approved budget for this project
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The subject easements are to accommodate the new sewer being
designed within a private section of Wanda Way as part of the Alhambra Valley Sewer —
Phase 1 Project (map attached).
Staff has concluded that this transaction is exempt from the California Environmental
Quality Act (CEQA) under District CEQA Guidelines Section 15305, since it involves a
minor alteration in land use limitations. Approval of these Grants of Easements will
establish the Board of Directors' independent finding that this action is exempt from
CEQA.
RECOMMENDED BOARD ACTION: Adopt a resolution to accept the Grants of
Easements from Matthew H. Parkinen; Jerome Michael Ott and Linda Fishman Ott,
Trustees; Harvey M. Feld; Ruth J. Nolte, Trustee; John Johnston and Barbara Colton
Johnson; Ronald L. Dalton and Athena R. Costis; Edward E. Fong and Amy L. Fong,
Trustees; Ronald Sadusky and Jennifer Sadusky; Peter G. Allen and Marianne Allen;
Harold L. Olson and Marie J. Olson, Trustees; Paul F. Albright and Carol S. Albright;
and authorize staff to record the Grants with the County Recorder.
Page 1 of 2
N: \ENVRSEC \Position Papers \Hernandez R \5919 GOE Alhambra Valley Trunk Sewer Project.doc
tlV
/
SrRENT��r -� /
/ NATIONAL PARK SERVICE
JOHN MUIR NAT'L HIST. SITE
366- 101 -001
PARKINEN
366 -101 -002
ALBRIGHT 1Q
MARTINEZ
LOCATION MAP
N. T. S.
/ 366 -102 -012
DALTON /COSTIS 366 - 102 -011
JOHNSTON
LEGEND: N
PRIVATE ROAD EASEMENT
PROPOSED EASEMENT AREA
_ EASEMENTS PREVIOUSLY OBTAINED
Central Contra Costa Attachment
Sanitary District WANDA WAY (PRIVATE SECTION)
MAP
' ALHAMBRA VALLEY SEWER -PHASE 1
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 12, 2006 No.: 4.b. CONSENT CALENDAR
Type of Action: ACCEPT CONTRACT WORK
subject: ACCEPT THE CONTRACT WORK FOR THE HOUSEHOLD HAZARDOUS
WASTE FACILITY PAINT BULKING ROOM MODIFICATIONS PROJECT,
DISTRICT PROJECT 8209, AND AUTHORIZE THE FILING OF THE NOTICE OF
COMPLETION
Submitted By: Initiating Dept /Div.:
Clint Shima, Assistant Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Akarles C. Shima B. Than Acting Capital Projects A. Farrell
Division Manager General Mai
ISSUE: Construction has been completed on the Household Hazardous Waste Facility
Paint Bulking Room Modification Project, District Project 8209, and the work is now
ready for acceptance.
RECOMMENDATION: Accept the contract work for the Household Hazardous Waste
Facility Paint Bulking Room Modification Project, District Project 8209, 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 required under the California Civil Code, Section 3093.
BACKGROUND: In the past, latex paint was bulked by hand for 5- gallon containers
and by machine for 1- gallon containers. During peak periods, paint was received faster
than it could be bulked. Paint containers were delivered to the bulking room in large
bins carried by a forklift, however the room was not designed to accommodate the
forklift. To improve the efficiency and safety of paint bulking, a new bulking machine
was installed to mechanically bulk 5- gallon and smaller containers. The room was
modified to better accommodate the forklift and large bins.
On July 7, 2005, the Board of Directors authorized the award of a construction contract
for this work in the amount of $172,001 to Power Engineering Contractors. The
contractor was issued a Notice to Proceed, which was effective August 10, 2005, with a
required contract completion date of December 7, 2005. The District had beneficial
use of the work on November 11, 2005. All contract work is complete at this time.
N: \PESUP \Position Papers \Shima \8209 Acceptance.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: January 12, 2006
sub /eat: ACCEPT THE CONTRACT WORK FOR THE HOUSEHOLD HAZARDOUS
WASTE FACILITY PAINT BULKING ROOM MODIFICATIONS PROJECT,
DISTRICT PROJECT 8209, AND AUTHORIZE THE FILING OF THE NOTICE OF
COMPLETION
It is appropriate to accept the contract work at this time. The total authorized budget for
this project is $305,000. An accounting of the project costs will be provided to the
Board of Directors at project closeout.
RECOMMENDED BOARD ACTION: Accept the contract work for the Household
Hazardous Waste Facility Paint Bulking Room Modification Project,
District Project 8209, and authorize the filing of the Notice of Completion.
NAPESUP \Position Papers \Shima \8209 Acceptance.doc Page 2 of 2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 12, 2006 No.: 4.c. CONSENT CALENDAR
Type of Action: ACCEPT CONTRACT WORK
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT CHANGE ORDER; ACCEPT THE CONTRACT
WORK AND AUTHORIZE FILING THE NOTICE OF COMPLETION FOR THE
SOUTH ORINDA SEWER IMPROVEMENTS, PHASE 2, PROJECT, DISTRICT
PROJECT 5558
Submitted By: Initiating Dept /Div.:
Alex Rozul, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
'! �� , r-:, - 0 _ AXD 0-90A �
A. zul ilecki A. AntkoWak A. Farrel *Ch
General
ISSUE: Authorization by the Board of Directors is required for the General Manager to
execute a construction contract change order in an amount greater than $50,000. Also,
construction is completed on the South Orinda Sewer Improvements, Phase 2, Project,
District Project 5558, and the work is now ready for acceptance.
RECOMMENDATION: Authorize the General Manager to execute a change order in
an amount not to exceed $62,000; accept the contract work for the South Orinda Sewer
Improvements, Phase 2, Project, District Project 5558, and authorize the filing of the
Notice of Completion.
FINANCIAL IMPACTS: The cost for the change order will be partially offset by savings
in several contract bid items that had a final quantity less than the quantity in the
original bid. The resulting net effect is to increase the final contract amount by
approximately $35,000. Currently, there is adequate funding within the project budget
for this change order. There is no financial impact related to accepting the project.
ALTERNATIVES /CONSIDERATIONS: Do not approve the change order. The
contractor will file a claim, which will be adjudicated in accordance with the contract
specifications and public contract codes. Filing the Notice of Completion is advisable
under the California Civil Code, Section 3090.
BACKGROUND: The South Orinda Sewer Improvements, Phase 2, Project corrected
sewer capacity deficiencies within Glorietta Boulevard identified in the Collection
System Master Plan as high priorities. Overflows in the project area are of a particular
concern, since the area drains to San Pablo Reservoir, an East Bay Municipal Utility
District (EBMUD) water supply source.
N: \PESUP \Cbradley \Position Papers\2006 \January\5558 - Accept Contract Work.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: January 12, 2006
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT CHANGE ORDER; ACCEPT THE CONTRACT WORK AND
AUTHORIZE FILING THE NOTICE OF COMPLETION FOR THE SOUTH ORINDA
SEWER IMPROVEMENTS, PHASE 2, PROJECT, DISTRICT PROJECT 5558
This project replaced approximately 6,000 feet of 8 -inch to 15 -inch diameter sewer on
Glorietta Boulevard from Orchard Road to Parklane Drive using open -cut construction
and 2,000 feet of 6 -inch to 8 -inch diameter sewers located within easements near
Moraga Via and Hillcrest Drive utilizing pipebursting construction. In addition, during
construction the Collection System Operations Division (CSOD) identified sewers within
the project area that required urgent repair. These additional sewer repairs were added
to the project as change orders and included spot repairs on Glorietta Boulevard,
pipebursting in an easement off Overhill Road, and major open -cut construction on
Moraga Way.
During construction on Glorietta Boulevard, between Stations 22 +76 and 32 +00, the
existing sewer was found to be outside the trench limits, which is different than
anticipated in the project plans. Also within this area, the contractor encountered
unstable soil conditions. The unexpected location of the existing sewer combined with
the loose soil resulted in reduced excavation rates and wider trench widths. It also
required the contractor to modify his planned trench shoring to include the use of a
trench shield and steel plates. The contractor submitted a request for additional
compensation for delays, lost productivity, increased excavation and backfill volumes,
and greater replacement paving area. Staff thoroughly reviewed the contractor's
supporting documents and negotiated a settlement. Board authorization to execute a
contract change order for an amount not to exceed $62,000 is requested to settle the
contractor's request for additional compensation.
On May 19, 2005, the Board of Directors (Board) authorized the award of a contract for
the construction of the project to K.J. Woods Construction, Inc. The Notice to Proceed
was issued on June 13, 2005 and the work was substantially completed on
December 2, 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 $2,612,000. The budget includes the cost
of engineering design, District forces, testing services, contractor services, etc. An
accounting of the project costs will be provided to the Board at the time of project
closeout.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a
change order in an amount not to exceed $62,000; accept the contract work for the
South Orinda Sewer Improvements, Phase 2, Project, District Project 5558, and
authorize the filing of the Notice of Completion.
N:\PESUP \Cbradley \Position Papers \2006 \January\5558 - Accept Contract Work.doc Page 2 of 2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 12, 2006 No*: 4. d. CONSENT CALENDAR
Type of Action: AUTHORIZE AGREEMENT
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH JDH CORROSION CONSULTANTS, INC. FOR A
DISTRICT -WIDE CATHODIC PROTECTION SYSTEM SURVEY, STRATEGY,
IMPLEMENTATION AND MONITORING PROGRAM, DISTRICT PROJECT 6142
Submitted By: Initiating DeptJDiv.:
Wesley Adams, Assistant Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
W. Adams ecki A. Antkowiak A. Farrell Charles W. BFe
General Man
ISSUE: The Board of Directors' authorization is required for the General Manager to
execute a professional services agreement in an amount greater than $50,000.
RECOMMENDATION: Authorize the General Manager to execute a professional
services agreement with JDH Corrosion Consultants, Inc. for $150,000 for a
District -wide Cathodic Protection System Survey, Strategy, Implementation and
Monitoring Program, District Project 6142.
FINANCIAL IMPACTS: The initial cost of the project, including staff time, is $200,000.
The project is needed to ensure protection of hundreds of millions of dollars worth of
District facilities. Additional construction projects may be recommended as a result of
this project.
ALTERNATIVES /CONSIDERATIONS: An alternative would be to have no project,
which would adversely affect the cathodic protection of District facilities. This is not
recommended.
BACKGROUND: The District is responsible for maintenance and operation of the
treatment plant, pumping stations, collection system pipelines, and reclaimed water
system. These facilities and systems, along with other miscellaneous underground
structures and pipelines (wastewater and recycled water), require continuous cathodic
protection and monitoring. In 1999, a Cathodic Protection Survey of the collection
system and treatment plant was performed that identified facilities that needed
replacement and improvements over the following five -year period. The report also
N:\PESUP\Cbradley\Positon Papers \2006 \January\6142 - Authorize Agreement -JDH Corrosion.DOC Page 1 of 2
POSITION PAPER
Board Meeting Date: January 12, 2006
subject. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH JDH CORROSION CONSULTANTS, INC. FOR A
DISTRICT -WIDE CATHODIC PROTECTION SYSTEM SURVEY, STRATEGY,
IMPLEMENTATION AND MONITORING PROGRAM, DISTRICT PROJECT 6142
identified existing facilities requiring further investigations. Most of the work identified in
the 1999 report has been completed. However, work done in prior years is nearing the
end of its useful life, and it has been over five (5) years since the last survey. A new
survey is required, and a master plan, including strategy implementation and monitoring
program, needs to be developed for the next five -year period. This program is needed
to ensure that the facilities, structures, and pipelines are adequately protected and to
identify any other facilities that require protection.
On September 9, 2005, Requests for Proposals (RFP) for the District -wide Cathodic
Protection System Survey, Strategy, Implementation and Monitoring Project were sent
to three corrosion engineering consultant firms. These firms are JDH Corrosion
Consultants, Inc., V &A Consulting Engineers, Inc., and Corrpro Companies, Inc. On
September 30, 2005, all three firms responded to the RFP. After review and evaluation
of the proposals two of these firms were invited for interviews. Based on the proposal
and interviews, JDH Corrosion Consultants, Inc. was selected because they presented
the best overall team, costs, and technical approach.
Staff has negotiated a professional engineering services agreement with JDH Corrosion
Consultants, Inc. to complete the survey of the existing cathodic protection systems and
develop a District -wide strategy, implementation, and monitoring program. This
program includes collection system and pumping stations, reclaimed water, and
treatment plant facilities.
This project is included in the 2005 -06 Capital Improvement Budget on pages CS -8 and
TP -96. Staff has concluded that this project is exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15262 since
it involves planning activities for possible future actions, which the District has not
approved, adopted, or funded. The Board of Directors' approval of this project will
constitute an independent finding that this project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a
professional services agreement with JDH Corrosion Consultants, Inc. in the amount of
$150,000 for a District -wide Cathodic Protection System Survey, Strategy,
Implementation and Monitoring Program, District Project 6142.
NAPESURCbradleyTosition Papers\2006Wanuary\6142- Authorize Agreement -JDH Corrosion.DOC Page 2 of 2
PUBLIC HEARING TO RECEIVE COMMENTS
ON A PROPOSED ORDINANCE TO AMEND
DISTRICT CODE SECTION 6.20.300
SCHEDULE OF REIMBURSEMENT FEES
Suggested Agenda
January 12, 2006
I. Request staff presentation.
II. Public Hearing:
A. Receive public comments.
B. Request staff response, as appropriate.
C. Close Public Hearing.
III. Board deliberation regarding proposed ordinance to amend District Code Section
6.20.300 Schedule of Reimbursement Fees, and adoption of revised District Code
Section 6.20.300 Schedule of Reimbursement Fees.
N: \ENVRSRV\PERMITS \REIMBURSEMENTS \5786 - HIGHLAND DRIVE, DAN \HEARING AGENDA 5786.DOC
Central Contra Costa Sanitary District
/Ja i BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 12, 2006 No.: 5.a. HEARINGS
Type of Action: CONDUCT HEARING; ADOPT ORDINANCE
subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A
PROPOSED ORDINANCE TO AMEND DISTRICT CODE SECTION 6.20.300
SCHEDULE OF REIMBURSEMENT FEES, TO ESTABLISH REIMBURSEMENT
FEES APPLICABLE TO PROPERTIES WHICH COULD CONNECT TO DISTRICT
PROJECT 5786 OR 5792
Submitted By: Initiating Dept /Div.:
Michael J. Penny, Associate Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
M. "We nny J. Miyamoto -Mills C. Swanson
11, IA
A. Farrell
General
ISSUE: When a reimbursement fee is proposed for a property that could directly
connect to a "standard facility," the District Code requires that a public hearing be held
prior to the Board of Directors' consideration of the fee for adoption.
RECOMMENDATION: Conduct a public hearing to receive comments on the proposed
Ordinance to amend District Code Section 6.20.300, Schedule of Reimbursement Fees,
to establish reimbursement fees applicable to property that could directly connect to
District Project 5786or 5792 sewers. Adopt the Ordinance.
FINANCIAL IMPACTS: An administrative charge to recover District costs is paid by the
installer for setup of the reimbursement account and for each fee collection transaction.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: Projects 5786 and 5792 are "standard facilities," as defined in the
District Code. Certain individual property owners within the boundary of the project area
are the installers of these facilities. To fairly and equitably distribute the cost for these
facilities, the District Code provides for the installers to be reimbursed for the proportion
of cost allocable to other properties which connect to the sewers within 20 years of
project acceptance by the District. Staff has drafted a proposed Ordinance (Attachment
1) to establish reimbursement fees for properties that connect to these projects' sewers.
Exhibits A -1 and A -2 of Attachment 1 show the locations of the projects and the
properties that could directly connect to the projects' sewers. The proposed
reimbursement fees will be collected from property owners, if and when they connect
their property to the sewer system. The collected fee will be held in a separate account,
and disbursed to the installers of the project.
Page 1 of 9
N: \ENVRSEC \Position Papers \Penny \5786 5792 Conduct Public Hearing - Adopt Ordinance.doc
POSITION PAPER
Board Meeting Date: January 12, 2006
subject. CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON A
PROPOSED ORDINANCE TO AMEND DISTRICT CODE SECTION 6.20.300
SCHEDULE OF REIMBURSEMENT FEES, TO ESTABLISH REIMBURSEMENT
FEES APPLICABLE TO PROPERTIES WHICH COULD CONNECT TO DISTRICT
PROJECT 5786 OR 5792
Calculations of the proposed reimbursement fees are summarized in Exhibits B -1 and
B -2 of Attachment 1. The fees would be charged in addition to Capacity Fees and other
District charges, such as those for permits, inspection, and sewer service.
The District Code requires that reimbursement fees be adjusted at least annually to
account for the increase or decrease in value of the facilities due to inflation and
depreciation. These fees may also be adjusted to account for differences between
estimated and actual costs, and increases or decreases in the number of connections
that may connect to the facilities. However, once a particular property has connected to
the public sewer, and the fees have been paid, the District will not collect any additional
reimbursement fees for that connection, nor refund any excess reimbursement fees
which might otherwise be occasioned by these adjustments. Appropriate notices have
been posted, and published in the Contra Costa Times. In addition, individual letter
notices were mailed to the owners of all affected properties, as required by District
Code.
RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on
the proposed ordinance to amend District Code Section 6.20.300 Schedule of
Reimbursement Fees, to establish reimbursement fees for applicable properties that
could directly connect to Project 5786 or 5792 sewers. Adopt the Ordinance.
Page 2 of 9
N: \ENVRSEC \Position Papers \Penny \5786 5792 Conduct Public Hearing - Adopt Ordinance.doc
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE TO AMEND
DISTRICT CODE SECTION 6.20.300 SCHEDULE OF
REIMBURSEMENT FEES TO ESTABLISH REIMBURSEMENT FEE
APPLICABLE TO PROPERTIES THAT DIRECTLY CONNECT TO PROJECT 5786
(HIGHLAND DRIVE, DANVILLE) OR PROJECT 5792 (GABLE LANE, LAFAYETTE)
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 constructed standard and special facilities; and
WHEREAS, Project 5786 and 5792 sewers, the locations of which are shown on
Exhibits A -1 and A -2 of this ordinance, incorporated in full herein by this reference, are
standard facilities as defined in 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 and B -2
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 January 12, 2006.
NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary
District does ordain as follows:
Reimbursement fee applicable to properties that directly connect to Project 5786
or 5792 standard sewer facilities, designated on Exhibits A -1 and A -2 are hereby
established. Said reimbursement fees, which shall be consecutively added to
District Code Section 6.20.300 Schedule of Reimbursement Fees, have been
calculated in the manner set forth in District Code Chapter 6.20 and shown in
Exhibits B -1 and B -2 of this ordinance. The reimbursement fee for properties
NAENVRSEC \Position Papers \Penny \5786 5792 Ordinance 1- 06.doc
that directly connect to either project as cited above shall be as follows:
District
Description of Facility
Allowable
Number
Reimbursement
Project
Actual Cost
of RUES
Fee per Unit
Number
5786
Highland Drive Danville
$327,358.10
19
$17,229.37
5792
Gable Lane Lafayette
$53.900.43
5
$10,786.69
The reimbursement fees set forth herein shall be administered, adjusted, and
collected according to the provisions of District Code Chapter 6.20.
Exhibits A -1, A -2, B -1 and B -2 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
fee is in effect.
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 12th day of January 2006, by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
COUNTERSIGNED:
President of the Board of Directors,
Central Contra Costa Sanitary District
County of Contra Costa, State of California
APPROVED AS TO FORM:
Secretary of the District Kenton L. Alm, Counsel for the District
Central Contra Costa Sanitary District
NAENVRSEMPosition Papers \Penny \5786 5792 Ordinance 1- 06.doc
M
.r
,*,e "Oe
208 - 130- 032/033
EXHIBIT A -1
/ 2 8 -100- r
r
/ 492` ,\
496 `r
08- 100 -006 \r r
i r / e`s ,
208 -100 -007 /
J
/ 208- 120 -0081 EBMUD
208 - 120 -007
s�
208 -120 -006 cp
208 - 120 -00 s
208 - 120 -014
e
208 - 120 -004 `s"'0 �V ��
�G 208 - 120 -013
e 9
�O
208- 130.004
A y
� 208- 120 -012 O.j�� 208- 120 -010
s O
s A 208 - 130 -017 Shp 208- 120 -011
e
Ir
e ' 208 -130 -018
Legend
208 - 130 -034 �
t
N u 1 Potential Connectors -
208 - 130 -035
11-M
No. of RUE's
eInstaller - No. of RUE'S
— — — — Project 5786 facilities
EXHIBIT A - 2
" 1
r�GABLE LN 1
..� 230 - 030 -033/ j�
42
-�6• / 230 - 030 -031
Qu 9
7
Legend
Potential Connectors -
No. of RUE's
eInstaller - No. of RUE's
— — -- — Project 5792 facilities
e
230 - 030 -027
s
u
230 - 030 -026
EXHIBIT B -1
REIMBURSEMENT FEE CALCULATION
PROJECT 5786, HIGHLAND DRIVE, DANVILLE
IMF My
Construction $288,587.60
Engineering 12,697.00
District Fees 26,073.50
Total $327,358.10
19 Residential Unit Equivalents (RUE)
$327,358.10 / 19 RUE = $17,229.37
Street Address
Assessors Parcel
Number
Number
of RUE's
Installer
Waive
Fee
Potential
Fee
492 Highland Dr.
208 - 100 -005
1
Yes
N/A
No
496 Highland Dr
208 - 100 -006
1
Yes
N/A
No
512 Highland Dr.
208 - 100 -007
1
Yes
N/A
No
518 Highland Dr.
208 - 120 -008
1
Yes
N/A
No
523 Highland Dr.
208 - 120 -014
1
Yes
N/A
No
535 Highland Dr.
208 - 120 -013
1
Yes
N/A
No
536 Highland Dr.
208 - 120 -005
1
Yes
N/A
No
544 Highland Dr.
208 - 120 -004
1
Yes
N/A
No
545 Highland Dr.
208 - 120 -012
1
Yes
N/A
No
550 Highland Dr.
208 - 130 -004
1
Yes
N/A
No
505 Highland Dr.
208 - 130 -035
1
Yes
N/A
No
580 Highland Dr.
208 - 130 - 032/033
1
Yes
N/A
No
NAENVRSEMPosition Papers \Penny \5786 5792 Ordinance 1- 06.doc
524 Highland Dr.
208 - 120 -007
1
No
No
Yes
529 Highland Dr.
208 - 120 -010
1
No
No
Yes
530 Highland Dr.
208 - 120 -006
1
No
No
Yes
555 Highland Dr.
208 - 130 -018
1
No
No
Yes
560 Highland Dr.
208 - 130 -017
1
No
No
Yes
575 Highland Dr.
208 - 130 -034
1
No
No
Yes
7 Lonesome Rd.
208 - 130 -017
1
Yes
N/A
No
N: \ENVRSEC \Position Papers \Penny \5786 5792 Ordinance 1- 06.doc
EXHIBIT B -2
REIMBURSEMENT FEE CALCULATION
PROJECT 5792, GABLE LANE, LAFAYETTE
Construction $47,092.00
Engineering 2,900.00
District Fees 3,941.43
Total $53,933.43
5 Residential Unit Equivalents (RUE)
$53,933.43 / 5 RUE = $10,786.69
Street Address
Assessors Parcel
Number
Number
of RUE's
Installer
Waive
Fee
Potential
Fee
1 Gable Lane
230 - 030 -027
1
Yes
N/A
No
5 Gable Lane
230 - 030 -026
1
No
No
Yes
8 Gable lane
230 - 030 -033
1
No
No
Yes
9 Gable lane
230 - 030 -031
2
No
No
Yes
NAENVRSEMPosition Papers \Penny \5786 5792 Ordinance 1- 06.doc
Item 5.a
PROPOSED ORDINANCE
TO AMEND
SCHEDULE OF
REIMBURSEMENT FEES
CCCSD Board Meeting
January 12, 2006
Item 5.a
Public Hearing for Reimbursement Accounts
1/12/2006
1. Hearing set on 12/1/2005 and 12/15/2005
2. All Parties Notified by Mail — Sent 12/2/2005 and 12/16/2005
3. Notice of Hearing was advertised on 12/20/2005 in the CC Times
4. Locations and Project Details
a. Job 5786, Highland Drive, Danville (Aerial photo with parcels and sewer
highlighted)
i. 2,603 ft. of 8 -inch sewer
ii. $327,358.10
1. District Fees - $26,073.50
2. Engineering - $12,697.00
3. Construction - $288,587.60
iii. 19 Parcels — 13 Installers
iv. Mr. Ross Owens (installer) called requesting information on how
reimbursements would be divided.
b. Job 5792, Gable Lane, Lafayette (Aerial photo with parcels and sewer
highlighted)
i. 292 ft. of 8 -inch sewer
ii. $53,933.43
1. District Fees - $3,941.43
2. Engineering - $2,900.00
3. Construction - $47,092.00
iii. 4 Parcels with 5 living units
iv. Ed Wagstaff, the installer, emailed asking if the residents at 9
Gable Lane had any objection to the District assigning 2 RUEs to
their property. No objections have been made.
v. Bob Scarbrough, owner of 9 Gable Lane, called and requested
copies of the cost data for construction. It was provided.
5. Questions
2
Item 5.a
Highland Drive
Item 5.a
Gable Lane
Item 7.A.1
PROPOSED MANDATORY
AMALGAM SEPARATOR
PROGRAM
Curtis Swanson
January 12, 2006
REGULATORY CHANGES
• CCCSD influent and effluent concentrations are 260 and 30 ppt.
• Mercury limit under current NPDES permit:
> 87 ppt monthly average
> 1000 ppt daily maximum
• Remanded TMDL (October 2005) would have set mercury
concentration triggers for treatment plants:
> 36 ppt annual average
65 ppt maximum
• San Francisco Bay Basin Plan has a mercury limit to be achieved
in 2010:
> 25 ppt 4 -day average
J-TEM
1
Need for Mercury Reduction
„ Efforts
. The District's effluent has the. highest
mercury concentration of the Bay Area
POTW's.
. This is due to limited source control and the
recycle stream from the incinerator.
• Staff recommends reducing mercury in the
treatment plant influent and incinerator
recycle to meet future effluent limits.
2
Dental Mercury Inventory
WW
• Surveyed dentist during 2005
• Only 35 of 313 amalgam - generating
dental practices use or plan to use
amalgam separators
• This level of amalgam separators is not
sufficient to lower the influent mercury
concentration
Mandatory Use of Amalgam
Separators
• 47% of influent mercury is from dental offices
• Installation costs range from $500 - $2500
(average cost is $600 - $700)
. Annual maintenance cost is estimated to be
$200
. Staff recommends implementation of a
mandatory amalgam separator program
3
Other Agencies' Approach to
Amalgam Separators
• Palo Alto, San Francisco, and EBMUD
have mandatory amalgam separator
ordinances
• Regional Board could place requirement
for mandatory amalgam separators in
our new NPDES permit
• State -wide mandatory programs have
been proposed, but not yet approved
Next Steps
• Staff plans to develop a mandatory amalgam
separator program for consideration by the
Board
• Initial discussion with P2 Plan to be presented
on February 16, 2006
• Compliance Target — mid to late 2007
• Board will be given program options for
consideration later this year
• Staff seeks concurrence with the concept of a
mandatory amalgam separator program
4
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7.a.2
WET WEATHER REPORT
Board of Directors Meeting
January 12, 2006
Presented by Bill Brennan and
Doug Craig
Wet Weather Report
Collection System
• Pumping Stations
Treatment Plant
• Focus on the storms of New Year's
weekend
Collection System
• 15 call outs from 12/30/05 to 01/02/06
• As many as three crews responding to calls on
12/31/05
• One overflow — Karen Lane — 4,500 gallons
• Checked creek crossings and slides
Pumping Stations
• Pumping Stations North (Martinez system)
had 4 call outs due to wet weather and
alarms
• Flooding in Martinez and Clyde
• Systems worked as designed
2
Martinez Pumping Station
Railroad Near Martinez Pumping
Station
Clyde Pumping Station
Pumping Stations
Pumping Stations West (major stations: Moraga,
Orinda Crossroads, Lower Orinda) had 3 call outs
for the start of the wet - weather diesel pumps
• Systems worked as designed
Lower Orinda was staffed from 6:30 p. m. on
12/30/05 to 10:00 P.M. on 12/31/05
M
Summary Collection System and
Pumping Stations
• The Board has invested millions of dollars in the
pumping stations and pipelines.
• This resulted in a robust pumping station system
that responded well to the rains of New Year's
weekend and a pipeline system that kept sewage
inside the pipe, aside from one overflow.
• CSOD staff responded with speed and
commitment to the mission of the District.
• Staff is reviewing the event to see how we can
improve the system and our response.
Wet Weather Report
Rainfall
• December rainfall: 16 days and 11.79
inches
• January rainfall: 3 days and 1.11 inches
• Peak day: 3.95 inches (December 31, 2005)
5
Grayson Creek
Treatment Plant Flow
• Peak hour: 238 MGD (new record)
• Peak day: 168 MGD
• Peak — 3 day: 126 MGD
• Peak — 5 day: 113 MGD
• Maximum bypass to holding basins:
130 MGD (mainly raw sewage)
0
Concrete Channel to Basin "B"
Power Demand
• Dry weather use: 3,400 Kw
• Peak hour: 5,520 Kw
• Peak day: 5,000 Kw
• Peak — 5 day: 4,577 Kw
Basin Storage
• Basin `B" storage: 90 —100 MG
• Drained back and processed all diverted
flows
• Some odor — No confirmed complaints
Capacity Issues
• UV restricted process to: 105 — 110 MGD
• Pacheco Slough water level
• Primary clarifiers had low solids removal
• Excessive grit/plugged piping
What Worked Well
• No PG &E failures
• No Cogeneration issues
• New Plant Operators performed well
• Minimal maintenance issues and call -ins
• Met permit requirements
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7.d.2) REPORTS
Page 1 of 4
2006 Board Committee Assignments
Central Contra Costa Sanitary District
January 12, 2006
TO: HONORABLE MEMBERS OF THE BOARD
FROM: MARIO M. MENESINI, PRESIDENT OF THE BOA
SUBJECT: 2006 BOARD COMMITTEE ASSIGNMENTS Teo
I would propose the Standing Board Committee assignments listed below to be made to
reflect the current needs and activities of the District.
You will note that I am also proposing the creation of an Ad Hoc CSO Committee. This
Committee will meet as needed and work more closely with staff to review the recommended
Collection System Operations Division Corporation Yard Improvements. The function of this
Ad Hoc Committee will be to review and refine the staff - recommended alternative, the other
alternatives developed by staff, and to develop any new alternatives the Committee feels
appropriate. The goal will be to select two to three alternatives to bring back to the full
Board. One of the alternatives brought back to the full Board will be the staff recommended
20 -year alternative. The Ad Hoc Committee will provide regular updates to the Board on its
progress and to receive input.
Standing Committees
Budget and Finance Committee
CURRENT PROPOSED
Chair: (Lucey) Lucey
Member: (Hockett) Boneysteele
Capital Proiects Committee
CURRENT
PROPOSED
Chair:
(Boneysteele)
Boneysteele
Member:
(Lucey)
Hockett
Household Hazardous Waste Committee
CURRENT
PROPOSED
Chair:
(Hockett)
Lucey
Member:
(Boneysteele)
Boneysteele
Outreach Committee
CURRENT PROPOSED
Chair: (Menesini) Menesini
Member: (Nejedly) Hockett
Personnel Committee
CURRENT PROPOSED
Chair: (Nejedly) Nejedly
Member: (Hockett) Menesini
Real Estate Committee
CURRENT PROPOSED
Chair: (Lucey) Nejedly
Member: (Nejedly) Boneysteele
Recycled Water Committee
CURRENT PROPOSED
Chair: (Boneysteele) Hockett
Member: (Menesini) Lucey
CSO AD HOC COMMITTEE (New Ad Hoc Committee)
PROPOSED
Chair: Nejedly
Member: Menesini
Representatives to Outside Agencies
California Special Districts Association
Contra Costa Chapter
Representative: Menesini
Alternate: Boneysteele
Friends of San Francisco Estuary
Representative: Menesini
Sanitation and Water Agencies of Contra Costa County
Representative: Hockett
Alternate: Lucey
Board Liaison to Cities and County
Concord Nejedly
Pacheco
Alamo Hockett
Danville
San Ramon
Lafayette Boneysteele
Walnut Creek
Martinez Menesini
Pleasant Hill
Contra Costa County
Moraga Lucey
Orinda
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 12, 2006 No.: 8.a. ENGINEERING
Type of Action: AUTHORIZE AGREEMENT
subject: AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE
SECRETARY OF THE DISTRICT TO EXECUTE A JOINT POWERS AGREEMENT
WITH THE CITY OF MARTINEZ FOR THE MORELLO BRIDGES REPAIR
PROJECT, DISTRICT PROJECT 5642
Submitted By: Initiating Dept. /Div.:
Tom Godsey, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
A, L ko--z, �k
T. Godsey . P i A. Antkowiak A. 1 ha es
General
ISSUE: The Board of Directors' authorization is required for Joint Powers Agreements
(JPA) with other public agencies that exceed $50,000.
RECOMMENDATION: Authorize the President of the Board of Directors and the
Secretary of the District to execute a Joint Powers Agreement with the City of Martinez
(City) for replacement of the pedestrian bridges and supported District sewer in Hidden
Lakes Park in Martinez.
FINANCIAL IMPACTS: Under the proposed JPA, the District will pay 50% of all design
and construction costs of the joint project. The District's share of the joint construction
project is estimated to be $200,000. The City will assume responsibility for
maintenance of the bridges after completion of the replacement project.
ALTERNATIVES /CONSIDERATIONS: The Board could decline to authorize the
agreement, which would result in the continued closure of the pedestrian pipe bridges
that support our sewer. In order to protect the District sewer, the District would then
need to either reconstruct a pipe bridge at the existing pedestrian pipe bridge location
or construct a new pipe bridge at an adjacent location. Either of these alternatives
would be more expensive than a joint project with the City of Martinez.
BACKGROUND: The District sewer was suspended beneath two wooden pedestrian
bridges in 1981 to serve Hidden Valley Estates in Martinez. At that time, ownership of
the bridges and responsibility for continued maintenance was not established. Over
time, the wooden support structure of the bridges deteriorated and, in late 2002, it was
established that the bridges were failing and should be closed to pedestrian traffic.
Because the District sewer supported by the bridges was at risk, the District explored a
joint solution with the City.
NAPESUMCbradley \Position Papers\2006\January\5642 - Morello Bridges Repair.DOC Page 1 of 3
POSITION PAPER
Board Meeting Date: January 12, 2006
subject: AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE
SECRETARY OF THE DISTRICT TO EXECUTE A JOINT POWERS AGREEMENT
WITH THE CITY OF MARTINEZ FOR THE MORELLO BRIDGES REPAIR
PROJECT, DISTRICT PROJECT 5642
The Morello Bridges Repair Project will replace an existing 8 -inch sewer line suspended
beneath two pedestrian bridges in Hidden Lakes Park in Martinez (see Drawing No. 1).
Construction of the sewer will involve close cooperation with the City of Martinez. The
City will be the lead agency responsible for project management, permitting, and
bidding, as well as contract administration during construction and inspection of the
bridge construction. District staff prepared the plans and specifications for the sewer
portion of the project and will inspect and provide submittal review for the sewer
construction. The District will also provide construction staking and surveying
assistance. The actual total cost of the District's share of the joint project will be
determined at the time of bid. The estimated District share of the joint construction
project cost is $200,000. Following replacement of the bridges, the City of Martinez will
assume ownership and responsibility for all future maintenance of the bridges. The City
of Martinez will be considering this JPA at their January 18, 2006 Council meeting.
The replacement of the pipe and bridges is included in the fiscal year 2005 -2006
Capital Improvement Budget (CIB) on pages 44 -46. Staff has conducted a cash -flow
analysis of the Collection System Program Budget and concluded that adequate
allocatable 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.
Approval of this project will establish the Board of Directors' independent finding that
the project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Authorize the President of the Board of Directors
and the Secretary of the District to execute a Joint Powers Agreement with the City of
Martinez for the Morello Bridges Repair Project, District Project 5642.
NAPESUP\Cbradley \Position Papers\2006 \January\5642 - Morello Bridges Repair.DOC Page 2 of 3
\
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EXISTING SEWER LINE
EXISTING SEWER LINE
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EXISTING MANHOLE
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MORELLO PEDESTRIAN BRIDGES
CCCSD D.P. 5642
Page 3 of 3
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 12, 2006 No.: g,b. ENGINEERING
Type of Action: AUTHORIZE CHANGE ORDER
Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A
CONSTRUCTION CHANGE ORDER WITH KAWEAH CONSTRUCTION COMPANY
ON THE TREATMENT PLANT PROTECTIVE COATING AND PIPING
RENOVATIONS PROJECT, PHASE 3 (DP 7233)
Submitted By: Initiating Dept ✓Div.:
Nathan Hodges, Assistant Engineer Engineering /Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
fIrr — El�_r A - AA;ka--,q �k —
i �NHodges B. Than Acting Capital Projects A. Farrell harles
. Division Manager General Ma
ISSUE: Authorization of the Board of Directors is required for the General Manager to
execute a construction change order in an amount greater than $50,000.
RECOMMENDATION: Authorize the General Manager to execute a construction
change order in an amount not to exceed 50 percent of $374,352.00 or $187,176 to
Kaweah Construction Company on the Treatment Plant Protective Coating and Piping
Renovations Project, Phase 3, District Project 7233.
FINANCIAL IMPACTS: The change order in the amount of $187,176 represents
fourteen percent (14 %) of the original construction contract amount.
ALTERNATIVES /CONSIDERATIONS: Do not authorize the construction change
order, and have staff renegotiate.
BACKGROUND: On August 2, 2005, the South Quad Clarifier No. 4 was found
damaged. The bottom slab had lifted, shifting the clarifier center column and shearing
the walkway beam bolts. After investigating the extent of damage, the contractor,
Kaweah Construction Company ( Kaweah), produced a design to restore the clarifier to
its pre- existing condition.
District Counsel, in closed session during the November 3, 2005, Board Meeting,
presented several options to fund the clarifier repair. The initial cost estimate ranged
between $300,000 and $400,000 at that time. The Board indicated that a firm cost
estimate be prepared and agreed with the concept that costs of repair would be shared
equally between Kaweah and the District.
N: \PESUP \Position Papers \Hodges \7233 Kaweah CO 5.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: January 12, 2006
Subject. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONSTRUCTION
CHANGE ORDER WITH KAWEAH CONSTRUCTION COMPANY ON THE
TREATMENT PLANT PROTECTIVE COATING AND PIPING RENOVATIONS
PROJECT, PHASE 3 (DP 7233)
District staff continued work with Kaweah to develop an acceptable repair solution. On
December 2, 2005, Kaweah submitted a design that was accepted by District staff.
Repair costs have been received and a settlement agreement has been prepared.
The settlement agreement provides for a lump sum payment to Kaweah to repair the
clarifier.
In order to expedite the repair and return the clarifier to service quickly, two cost options
have been prepared. Option 1 is for replacement of the entire 9 -inch thick concrete
slab. Option 2 is for replacement of only the portion of the 9 -inch thick concrete slab
that experienced significant uplift. To determine which repair option to implement, the
steel reinforcement will be sampled and tested. If testing shows only a portion of the
steel has failed, then Option 2 will be implemented at a total cost of $335,678. If the
steel has failed in the entire 9 -inch slab, then Option 1 will be implemented at a total
cost of $374,352. All costs associated with the implemented option will be shared
equally between Kaweah and the District.
Staff has authorized work to begin on the repair because the unavailability of the
clarifier is problematic during wet weather. Accrued costs are not expected to exceed
staff authority by the time of the Board meeting. A closed session has been scheduled
to discuss this matter with the Board, if needed.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a
construction change order in an amount not to exceed $187,176 to Kaweah
Construction Company on the Treatment Plant Protective Coating and Piping
Renovations Project, Phase 3, District Project 7233.
N:\PESUP \Position Papers \Hodges \7233 Kaweah CO 5.doc Page 2 of 2
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: January 12, 2006 No.: 8.c. ENGINEERINO
Type of Action: AUTHORIZE AGREEMENT
subject: AUTHORIZE THE GENERAL MANAGER TO ENTER INTO AN OPTION
AGREEMENT WITH TROJAN TECHNOLOGIES, INC. TO PAY A LICENSE FEE
FOR USE OF AN ALTERNATE SUPPLIER'S TECHNOLOGY IN CONNECTION
WITH THE ULTRAVIOLET DISINFECTION EXPANSION PROJECT, DP 7240
Submitted By: Initiating Dept /Div.:
Ba T. Than, Senior Engineer Engineering /Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
A Charles W. acts,
B. Than Acting Capital Projects A. Farre General Manager
Division Manager
ISSUE: Board of Director's authorization is required for the General Manager to enter
into agreements that could obligate the District to expenditures greater than $50,000.
RECOMMENDATION: Authorize the General Manager to enter into an option
agreement that could obligate the District to pay a license fee of up to $160,000 to
Trojan Technologies, Inc. (Trojan) to enable purchase of ultraviolet (UV) disinfection
equipment to match the existing equipment (designed and manufactured by
Fischer & Porter / Elsag Bailey /ABB).
FINANCIAL IMPACTS: This authorization could obligate the District to pay for an
option on a license agreement. If the District does not ultimately use the Fischer &
Porter / Elsag Bailey /ABB designed equipment for any reason, the District would forfeit
the amount paid for the option. This amount is not currently negotiated but would likely
be within staff authority. The payment of the license fee would be authorized by the
Board in a separate action at the time of award of the Ultraviolet Disinfection Expansion
Project Construction Contract.
ALTERNATIVES /CONSIDERATIONS: If an appropriate fee and appropriate terms and
conditions cannot be negotiated for the license, similar UV equipment could be
purchased directly from Trojan. Unfortunately, the equipment offered by Trojan does
not match the existing UV equipment, so its use is not preferred.
BACKGROUND: On December 1, 1994, the District awarded the Ultraviolet
Disinfection Facilities Project (District Project 7100) to install 18 banks of ultraviolet
lamps in six channels for disinfection of final effluent. At the time, there were three
known manufacturers that were able to supply the equipment. The low bidder,
Fischer & Porter (later Elsag Bailey and then ABB) was at the time in a patent dispute
with Trojan. The District received a very favorable bid from Fischer & Porter and
N: \TREATPLANT\7240 - UV Disinfection Expansion \7240 Execute Agreement 1- 06.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: January 12, 2006
subject AUTHORIZE THE GENERAL MANAGER TO ENTER INTO AN OPTION
AGREEMENT WITH TROJAN TECHNOLOGIES, INC. TO PAY A LICENSE FEE
FOR USE OF AN ALTERNATE SUPPLIER'S TECHNOLOGY IN CONNECTION
WITH THE ULTRAVIOLET DISINFECTION EXPANSION PROJECT, DP 7240
elected to purchase their equipment with the knowledge that a patent dispute was
pending. On December 17, 1997, a settlement was reached between Elsag Bailey
(previously Fischer & Porter) and Trojan, known as an Asset Purchase Agreement,
which essentially allowed Trojan to purchase all of Elsag Bailey's assets (including
intellectual properties) and provided that Elsag Bailey could only service existing
accounts going forward. Subsequently, Elsag Bailey /ABB and then IronBrook Partners
(IronBrook) were assigned the rights of Elsag Bailey /ABB for servicing existing accounts
as provided for in the Asset Purchase Agreement. Currently, Trojan does not
manufacture or supply the spare parts for the existing UV equipment.
The District wishes to install six new banks of lamps in two additional channels to
increase the maximum flow capacity of the secondary treatment system from 90 million
gallons per day (mgd) to 135 mgd. The benefits of this project are in greater equipment
redundancy, improved disinfection during high turbidity events, and reduced use of the
wet weather storage ponds and reduced instances of overflow to Walnut Creek. Some
of these issues have been discussed with the Board in previous meetings. District staff
believes that it is in the District's best interest to operate the UV facility with matching
equipment throughout. This approach will substantially simplify stocking of spare parts
and provide more efficient operation, as staff need only be familiar with one system.
IronBrook is the current vendor for the equipment, which matches the Elsag Bailey /ABB
equipment previously installed by the District. Accordingly, over the last several
months, District staff has been in discussion with both IronBrook and Trojan about
whether the District intended purchase of six new banks of lamps for installation in two
additional channels is covered under the existing account provisions of the Asset
Purchase Agreement. Trojan has maintained that installation of new modules is a new
installation and not maintenance of an existing account. Therefore, Trojan contends
IronBrook does not have the right to furnish this equipment without a license from
Trojan. IronBrook disagrees with Trojan's position. After much discussion and review
of relevant documents, District engineering and legal staff recognized that Trojan has a
tenable position and IronBrook is not interested in litigating their position. We therefore
conclude that a licensing agreement should be entered into with Trojan if the District
wishes to utilize matching equipment.
A license fee of $160,000, approximately ten percent of Trojan's estimate for furnishing
their equipment, has been preliminarily negotiated by staff. The terms and condition
would cover a license for the new equipment and any future parts. The specifics of
these terms and conditions are still being negotiated. The concept would be to pay
Trojan a nominal amount now for an option to purchase a license agreement when and
if we negotiate a sole source agreement with IronBrook and award a construction
N: \TREATPLANT\7240 - UV Disinfection Expansion \7240 Execute Agreement 1- 06.doc Page 2 of 3
POSITION PAPER
Board Meeting Date: January 12, 2006
subject AUTHORIZE THE GENERAL MANAGER TO ENTER INTO AN OPTION
AGREEMENT WITH TROJAN TECHNOLOGIES, INC. TO PAY A LICENSE FEE
FOR USE OF AN ALTERNATE SUPPLIER'S TECHNOLOGY IN CONNECTION
WITH THE ULTRAVIOLET DISINFECTION EXPANSION PROJECT, DP 7240
contract. Final authorization to obtain the license would come back to the Board for
approval with the equipment purchase and construction contract award. Because such
an option could obligate the District to a future expenditure that exceeds staff authority,
staff is requesting Board approval of this approach at this time.
If the terms and conditions of the arrangement with IronBrook and Trojan cannot be
negotiated to protect the District's long -term access to spare parts, the District can elect
to purchase Trojan UV disinfection equipment. While this equipment is not identical to
the current equipment, it is a proven technology similar enough that operations and
maintenance staff could adapt to it use. This would require two sets of spare parts, and
additional operation and maintenance training. Staff believes the Project could
incorporate its use if necessary.
Staff recommends entering into an option for a license from Trojan at this time in order
to allow this project to proceed without danger of patent litigation disrupting the Project.
The license fee of $160,000, plus an additional amount for the option, has been
preliminary negotiated. Staff will keep the Board informed as the discussions with both
vendors progress.
RECOMMENDED BOARD ACTION: Authorize the General Manager to enter into an
option agreement for a nominal amount within staff authority, that would obligate the
District to pay a license fee of up to $160,000 to Trojan Technologies to enable
purchase of ultraviolet disinfection equipment to match the existing Elsag Bailey /ABB
designed equipment.
N: \TREATPLANT\7240 - UV Disinfection Expansion \7240 Execute Agreement 1- 06.doc Page 3 of 3
8
REVISED RECOMMENDATION FOR ITEM 8.C.
Staff Recommendation (Motion Required): Authorize the
General Manager to pay a license fee of $160,000 to Trojan
Technologies for use of an alternate supplier's technology as
recommended.
:,
ULTRAVIOLET
DISINFECTION EXPANSION
PROJECT
DP 7240
UPDATE
January 12, 2006
Board Meeting
Change in Board Authorization
Needed
• Staff wishes to continue negotiations with
IronBrook and Trojan on patent and
equipment procurement issues
• Direction changed since position paper...
option costs found to be prohibitive.
• Staff needs authority to commit the District
to purchase of a license agreement from
Trojan Technologies for $160,000.
Ultraviolet (UV) Disinfection
Expansion Project
• Increases wet weather capacity 90 -135 mgd
• Reduces overflows to holding ponds
• Increases from 6 to 8 UV channels
• Desirable to match existing technology
— Reduces inventory of spare parts
— Reduces operator training needs
— More efficient
UV Disinfection Technology
• Two vendors currently supply system
• IronBrook Partners system identical
• Trojan Technologies system similar
— Power distribution located in channel
— Electrical components different
— Lamps and lamp configuration identical
1.
F � .
.F
!lllii { � i
I I '� •� �?� � i! i �! i t �; i f
I I l f
?
UV System Technology
• Trojan Technologies holds original patent
• Patent infringement charged by Trojan
against Fischer Porter/Elsag Bailey /ABB
• Settlement agreement in 1997 provides for
Elsag Bailey (now IronBrook Partners) to
service only existing installations
• Do two new channels = service existing
installation in accordance with agreement?
UV System Technology
• Trojan maintains new module installation
is not servicing existing installation
• IronBrook disagrees but does not want to
litigate their position
• District legal and engineering staff conclude
that license agreement with Trojan is
necessary to match existing equipment
s
UV System License Costs
• Typical license cost 5 -15% of technology
• Trojan estimate Feb 2005 $1.651 M
• IronBrook estimate Jan 2005 $1.494 M
• IronBrook lower by $157,000
• 10% Trojan estimate = $160,000
• License fee of 10% ($160,000) makes
IronBrook similar cost to Trojan based on
2005 price quotes
UV System License Terms and
Conditions
• Trojan must guarantee access to patented
spare parts through IronBrook for all time
• If IronBrook goes out of business, Trojan
must guarantee access to patented spare
parts through another vendor for all time
C
UV License Negotiations New
Developments
• Option costs are significant and in addition
to license cost of $160,000 per Trojan
• Only two alternatives available:
— Pay $160,000 and purchase IronBrook UV
— Purchase Trojan UV
• Save option costs and pay license costs up
front, if Trojan agrees to credit license cost
against purchase of Trojan UV
Modified UV System
Procurement Approach
• Complete negotiation of IronBrook Package
— $160,000 license from Trojan
— $1,650,000 current quote from IronBrook
• Include firm price in UV installation construction
bid documents.
• Bring UV construction project to Board
• If agreement not reached with IronBrook,
negotiate price with Trojan including $160,000
credit, then bid construction project.
7
Board Authorization Needed
• Staff wishes to continue negotiations with
IronBrook and Trojan on patent and
equipment procurement issues
• Staff needs authority to commit the District
to purchase of a license agreement from
Trojan Technologies for $160,000.
January 12, 2006
10.b. BUDGET AND FINANCE
Page 1 of 4
Adjourn Special Board Meeting and reconvene as the Central Contra
Costa Sanitary District Facilities Financing Authority to conduct its Annual
Meeting.
CENTRAL CONTRA COSTA SANITARY DISTRICT
FACILITIES FINANCING AUTHORITY
ANNUAL MEETING
JANUARY 12, 2006
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENTS
4. ELECTION OF OFFICERS
a. Election of Officers pursuant to Article III, Section 2 of the Bylaws as
follows:
1) Appoint President of the Authority (Chair of the Budget and
Finance Committee of the District Board of Directors);
2) Appoint Vice President of the Authority (remaining Member of the
Budget and Finance Committee of the District Board of Directors);
3) Appoint Executive Director of the Authority (General Manager of
the District);
4) Appoint Treasurer of the Authority (Controller of the District); and
5) Appoint Secretary of the Authority (Secretary of the District).
5. APPROVAL OF MINUTES
a. Approve Minutes of January 13, 2005.
6. BUDGET AND FINANCE
a. The Treasurer of the Authority will present Financial Status Report for
2005.
7. OTHER BUSINESS RELATING TO MATTERS ABOVE
8. ADJOURNMENT
a. Adjourn annual meeting of the Authority and reconvene as the Board of
Directors of the Central Contra Costa Sanitary District.
MINUTES OF THE ANNUAL MEETING OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
FACILITIES FINANCING AUTHORITY
HELD ON JANUARY 13, 2005
At 3:04 p.m., President Hockett adjourned the Adjourned Regular Board Meeting and
Member Lucey, Chair of the Central Contra Costa Sanitary District ( CCCSD) Facilities
Financing Authority, convened the annual meeting of the CCCSD Facilities Financing
Authority.
Chair Lucey requested that the Secretary call roll.
PRESENT: Directors: Menesini, Boneysteele, Nejedly, Hockett, Lucey
ABSENT: Directors: None
Chair Lucey requested public comments, and noted that there were none.
Chair Lucey stated that in accordance with the Bylaws of the Authority, it would be
appropriate to elect officers at this time.
By unanimous acclamation pursuant to Article III, Section 2 of the Bylaws, the following
slate of officers shall be elected for 2005:
1) Chair of the Authority shall be Director Gerald R. Lucey, Chair of the
Budget and Finance Committee of the District Board of Directors;
2) Vice Chair of the Authority shall be Director Barbara D. Hockett, the
remaining member of the Budget and Finance Committee of the District
Board of Directors;
3) Executive Director of the Authority shall be Mr. Charles W. Batts, General
Manager of the District;
4) Treasurer of the Authority shall be Ms. Deborah Ratcliff, Controller of the
District; and
5) Secretary of the Authority shall be Ms. Joyce E. Murphy, Secretary of the
District.
It was moved by Director Hockett and seconded by Chair Lucey, that the minutes of the
CCCSD Facilities Financing Authority annual meeting of January 15, 2004, be approved
as presented. There being no objection, the motion was unanimously approved.
MINUTES OF THE ANNUAL MEETING OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
FACILITIES FINANCING AUTHORITY
HELD ON JANUARY 13, 2005
At 3:04 p.m., President Hockett adjourned the Adjourned Regular Board Meeting and
Member Lucey, Chair of the Central Contra Costa Sanitary District ( CCCSD) Facilities
Financing Authority, convened the annual meeting of the CCCSD Facilities Financing
Authority.
Chair Lucey requested that the Secretary call roll.
PRESENT: Directors: Menesini, Boneysteele, Nejedly, Hockett, Lucey
ABSENT: Directors: None
Chair Lucey requested public comments, and noted that there were none.
Chair Lucey stated that in accordance with the Bylaws of the Authority, it would be
appropriate to elect officers at this time.
By unanimous acclamation pursuant to Article III, Section 2 of the Bylaws, the following
slate of officers shall be elected for 2005:
1) Chair of the Authority shall be Director Gerald R. Lucey, Chair of the
Budget and Finance Committee of the District Board of Directors;
2) Vice Chair of the Authority shall be Director Barbara D. Hockett, the
remaining member of the Budget and Finance Committee of the District
Board of Directors;
3) Executive Director of the Authority shall be Mr. Charles W. Batts, General
Manager of the District;
4) Treasurer of the Authority shall be Ms. Deborah Ratcliff, Controller of the
District; and
5) Secretary of the Authority shall be Ms. Joyce E. Murphy, Secretary of the
District.
It was moved by Director Hockett and seconded by Chair Lucey, that the minutes of the
CCCSD Facilities Financing Authority annual meeting of January 15, 2004, be approved
as presented. There being no objection, the motion was unanimously approved.
Ms. Deborah Ratcliff, Treasurer of the Authority, reported that in December 1994
Certificates of Participation were issued in the amount of $25 million for a 20 -year
period. In October 1998 revenue bonds were issued to refund all outstandingdebt at
3.5 percent to 4.7 percent interest. In 2004 a final arbitrage calculation was done on the
original bonds issued in 1994, resulting in receipt of $21,000 back from the Internal
Revenue Service. There are -eleven remaining years of debt service on the 1998
revenue bonds. The outstanding balance is $20,750,000 and the debt service in 2004
was $2,216,000. In May 2002 Revenue Installment Certificates in the amount of
$16,565,000 were issued with a 20 -year term and interest rates ranging from 4 percent
to 5 percent. Debt service in 2004 was $743,000, which represents an interest only
payment.
Chair Lucey thanked Ms. Ratcliff for her report.
There being no further business to come before the Board, Chair Lucey adjourned the
annual meeting of the CCCSD Facilities Financing Authority at the hour of 3:07 p.m.
and turned the meeting back to President Hockett.
Gerald R. Lucey
President of the Central Contra Costa Sanitary
District Facilities Financing Authority
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District Facilities Financing
Authority