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Home My WebLink About12/14/2006 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 14, 2006 No. • 3.a. CONSENT CALENDAR Type of Action: AUTHORIZE SUBSTITUTION subject: AUTHORIZE THE SUBSTITUTION OF B &B PAVING AND GRADING, INC., THE LISTED SUBCONTRACTOR, WITH FREMONT PAVING, FOR THE GRADING AND PAVING WORK ON THE CSOD LEASE AREA AND SITE IMPROVEMENT PROJECT, DISTRICT PROJECT 8215 Submitted By: Initiating Dept /Div.: Paul Seitz, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: P. Seitz A. Rozul <i A. Farrell ames M. Kelly, general Manager ISSUE: William P. Young Construction, Inc., general contractor, has requested substitution of a subcontractor listed on its bid and contract for the Collection System Operations Department (CSOD) Lease Area and Site Improvement Project, District Project 8215. Board of Directors' authorization is required for the substitution. RECOMMENDATION: Authorize substitution of the grading and paving subcontractor on the CSOD Lease Area and Site Improvement Project, DP 8215. FINANCIAL IMPACTS: The proposed substitution will not result in any additional cost to the District. ALTERNATIVES /CONSIDERATIONS: William P. Young Construction, Inc. has informed the District that its listed subcontractor has failed to perform its subcontract work and is in breach of the Subcontractor Agreement. Under California Public Contract Code, Section 4107, substitution of a listed subcontractor is permitted when the subcontractor fails to perform its subcontract. The awarding authority must consent to the subcontractor substitution to effect the change. BACKGROUND: William P. Young Construction, Inc. listed B &B Grading and Paving, Inc. as their subcontractor for the grading and paving work on its bid proposal to the District for the CSOD Lease Area and Site Improvement Project, DP 8215. Incorporated into B &B Grading and Paving, Inc.'s Subcontract Agreement is a clause that requires B &B Grading and Paving, Inc. to abide by William P. Young Construction, Inc.'s Collective Bargaining Agreement with the Operating Engineers Local 3. B &B Grading and Paving, Inc. does not want to sign a Project Agreement with Local 3 and, therefore, will not be able to fulfill the requirements of the Collective Bargaining Agreement clause contained in their Subcontract Agreement. The value of B &B Grading and Paving, Inc.'s work was $111,000 or 13.3 percent of the contract value of NAPESUP \Cbradley \Position Papers \2006 \December\Substitution of B &B PP.doc Page 1 of 2 POSITION PAPER Board Meeting Date: December 14, 2006 Subject AUTHORIZE THE SUBSTITUTION OF B &B PAVING AND GRADING, INC., THE LISTED SUBCONTRACTOR, WITH FREMONT PAVING, FOR THE GRADING AND PAVING WORK ON THE CSOD LEASE AREA AND SITE IMPROVEMENT PROJECT, DISTRICT PROJECT 8215 $832,900. Under these circumstances, William P. Young Construction, Inc. now seeks Board approval to contract with Fremont Paving to supply the necessary equipment, materials, and labor to complete the grading and paving work. Under California Public Contract Code, Section 4107, substitution of a listed subcontractor is permitted only in certain situations, including situations where the subcontractor has failed to perform its subcontract. District staff notified B &B Grading and Paving, Inc. by certified mail, on December 6, 2006, of the request for subcontractor substitution by William P. Young Construction, Inc., and has advised them of the requirement to notify the District in writing within five (5) working days of any objection to this proposed action. Based on conversations and written documentation with B &B Grading and Paving, Inc., no written objection is anticipated. CCCSD Legal Counsel has reviewed this issue and concurs with District staff. RECOMMENDED BOARD ACTION: Authorize the substitution of the listed subcontractor, B &B Grading and Paving, Inc., with a different subcontractor, Fremont Paving, for the grading and paving work at the CSOD Lease Area and Site Improvement Project, District Project 8215. N:\PESUP\Cbradley \Position Papers\2006 \December \Substitution of B &B PP.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 14, 2006 No.: 3.b. CONSENT CALENDAR Type of Action: Human Resources Subject: AUTHORIZE EXTENSION OF MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR HARRY WYLES, BUILDINGS AND GROUNDS SUPERVISOR, THROUGH FEBRUARY 1, 2007 Submitted By: Douglas J. Craig, Initiating Dept /Div.: Plant Operations Director of Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION: 4 Of, tom— q!Q �--- OF Craig C. Freitas mes M. Kelly, eneral Manager ISSUE: Board of Directors' authorization is required for a medical leave of absence without pay in excess of 30 days. RECOMMENDATION: Authorize medical leave of absence without pay for Harry Wyles, Buildings and Grounds Supervisor. FINANCIAL IMPACTS: Minimal ALTERNATIVES /CONSIDERATIONS: Deny medical leave of absence without pay. BACKGROUND: Harry Wyles, Buildings and Grounds Supervisor, has been off of work since June 8, 2006, due to a medical condition. Mr. Wyles applied for, was granted, and used 12 weeks of Family Medical Leave. We request authorization to extend Mr. Wyles' leave without pay through February 1, 2007. Mr. Wyles' status will be reviewed at that time, and further Board action will be requested if appropriate. RECOMMENDED BOARD ACTION: Authorize medical leave of absence without pay for Harry Wyles, Buildings and Grounds Supervisor, through February 1, 2007. N: \POSUP \Correspondence \Position Papers\2006 \Wyles Leave of Absence.doc BOARD MEETING Thursday December 14, 2006 2:00 p.m. 5. Announcements: a) Bypass lines installed at storm damage site at 42 Haciendas in Orinda. At the July 6 Board meeting, staff reported on the status of 13 storm damage sites. Since the meeting, six sites have been repaired or are in the process of being repaired. Four sites have been stabilized for the winter. Staff feels that two sites are homeowner association responsibilities and pose minimal risk to District lines at this time. The remaining site, 42 Haciendas in north Orinda, has not been fixed or stabilized because state Fish and Game restrictions prevent the District from working in the creek to stabilize the site until next spring. The 12 -inch diameter trunk sewer crossing the creek at this site serves 130 homes. The creek bank that supports the creek crossing was washed away during last winter's storms. To minimize the potential for overflows into the creek, three short bypass sewer lines have been constructed to redirect flow from 115 of the 130 homes to parallel sewers and away from the creek crossing. K.J. Woods, the contractor for the North Orinda Sewer Renovations Phase 2 Project, completed the installation of the bypass lines this week as a change order to the North Orinda project. The District can pump flow from the remaining 15 homes to a nearby sewer if the creek crossing appears to be near failure. Bypass equipment is staged nearby so that a bypass could quickly be put in place. The crossing will be repaired next summer. The cost of the change order to install the temporary bypass lines was within staff authority levels. This information is provided for Board information only, no Board action is required. b) Regional Water Quality Control Board inspection of treatment plant on November 30, 2006. On November 30, 2006, the Regional Water Quality Control Board conducted an inspection of the treatment plant. The inspector, Matt Oxsalida, is under contract with the EPA to provide inspections for the San Francisco Regional Board. The inspection included a treatment plant tour and a review of laboratory records. Mr. Oxsalida was at the plant for about 2'/2 hours and prior to departure, he commented that the plant appears to be well operated and maintained. He had one minor comment on a laboratory certification analysis which the District was in the process of repeating. He reiterated that it was a very minor issue and the District has responded appropriately. December 14, 2006 Announcements Page 2 c) Staff attendance at Underground Construction Technology Conference in Houston. Texas. Associate Engineer Craig Mizutani and Assistant Engineer Clint Shima are planning to attend the twelfth annual Underground Construction Technology Conference and Exhibition in Houston Texas on January 30 through February 1, 2007. This conference is of significant value to the District and has served as a major training opportunity in underground construction technology. Funds were included in the 2006 -07 Training and Conference budget to cover the costs of attendance. d) Staff attendance at World of Concrete Conference in Las Vegas, Nevada. Assistant Engineer Nathan Hodges is planning to attend the World of Concrete Conference in Las Vegas, Nevada on January 21 through 26, 2007. Funds were included in the 2006 -07 Training and Conference budget to cover the costs of attendance. Staff Recommendation: Hear the announcements.