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Home My WebLink About4/3/2008 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 3, 2008 No.: 3.d. Consent Calendar Type of Action: SET HEARING DATE subject: ESTABLISH MAY 1, 2008 AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF GORDO N/M I LLTHWAIT ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -2 Submitted By: Initiating Dept /Div.: Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: VY R. Leavitt C. Swanson A. Farrell K. Alm #ames M. elly eneral Manager ISSUE: A public hearing is required to establish the Gordon /Millthwait Alhambra Valley Assessment District (AVAD) No. 2007 -2. A public hearing is also required to create an assessment district pursuant to the procedure adopted under Proposition 218, which amended the California Constitution, Article XIII D, Section 4. RECOMMENDATION: Establish May 1, 2008 as the date for a public hearing regarding Gordon /Millthwait AVAD No. 2007 -2 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24. FINANCIAL IMPACTS: There are minor costs for publishing a legal notice advertising the public hearing and for staff preparation and attendance. These costs will eventually be paid by the AVAD participants. ALTERNATIVES /CONSIDERATIONS: 1. Select a later date for the public meeting - This would delay the AVAD proceedings. since the holding of a public hearing is required by law. 2. No action by the Board - No action will delay the AVAD proceedings until a different public hearing date is set since the holding of a public hearing is required by law. BACKGROUND: On December 6, 2007, the Board of Directors adopted a resolution of intention to create Gordon /Millthwait AVAD No. 2007 -2 for the purpose of installing sewer improvements on Alhambra Valley Road, Gordon Way, Millican Court, and Millthwait Drive in unincorporated Martinez (see Attachment 1). The proposed Gordon /Millthwait AVAD No. 2007 -2 complies with the AVAD policy approved at the November 2, 2006 Board of Directors meeting. Forty -five properties could be served by a Gordon /Millthwait public sewer. As required by Proposition 218, an Engineer's Report estimating assessments for properties within the AVAD has been prepared and N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Set Public Hearing Gordon Millthwait AVAD 2007 -2 4- 3- 08.doc Page 1 of 2 POSITION PAPER Board Meeting Date: April 3, 2008 subject: ESTABLISH MAY 1, 2008 AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF GORDON /MILLTHWAIT ALHAMBRA VALLEY ASSESSMENT DISTRICT NO. 2007 -2 distributed. It is now appropriate to schedule a public hearing to offer interested parties the opportunity to comment on the proposed assessments and related issues. A resolution has been prepared and is attached, which, if adopted, will set the date of the public hearing for May 1, 2008. RECOMMENDED BOARD ACTION: Establish May 1, 2008 as the date for a public hearing regarding Gordon /Millthwait AVAD No. 2007 -2 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24. NAENVRSEMPosition Papers \Leavitt\2008 \PP Set Public Hearing Gordon Millthwait AVAD 2007 -2 4- 3- 08.doc Page 2 of 2 ATTACHMENT 1 RESOLUTION NO. 2008- RESOLUTION SETTING HEARING OF PROTESTS ON GORDON /MILLTHWAIT ALHAMBRA VALLEY ASSESSMENT DISTRICT (AVAD NO. 2007-2) WHEREAS, on December 6, 2007, this Board of Directors adopted Resolution 2007 -183 expressing the intent of the District to proceed with the Gordon /Millthwait Alhambra Valley Assessment District (AVAD) No. 2007 -2 for the purpose of installing sewer improvements on Alhambra Valley Road, Gordon Way, Millican Court, and Millthwait Drive in unincorporated Martinez, CA; and WHEREAS, at the direction of this Board of Directors, Curtis W. Swanson, Environmental Services Division Manager, as Engineer of Work for improvement proceedings for Gordon /Millthwait AVAD No. 2007 -2, Central Contra Costa Sanitary District, Contra Costa County, California, has prepared a report described in Section 5898.22 of the Streets and Highways Code (Municipal Improvement Act of 1911); and WHEREAS owners of each affected parcel will be provided written notice of the proposed assessment and ballot to indicate approval or opposition of the assessment pursuant to the procedures required by California Constitution Article XIII D, Section 4, as amended by Proposition 218; NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: 1. This Board sets 2 PM on May 1, 2008 at the Meeting Room of the Board of Directors, 5019 Imhoff Place, Martinez, California, as the time and place N: \ENVRSEC \Position Papers \Leavitt \2008 \Res AVAD 2007 -2 Gordon Millthwait Set Hearing 4- 3- 08.doc for hearing protests to the proposed improvements and the creation of the proposed Alhambra Valley Assessment District and assessment. 2. The Secretary of the District is directed to publish and mail the notices of improvement required by the Municipal Improvement Act of 1911, and to file affidavits of compliance PASSED AND ADOPTED this 3rd day of April, 2008, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary, Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm District Counsel N: \ENVRSEC \Position Papers \Leavitt\2008 \Res AVAD 2007 -2 Gordon Millthwait Set Hearing 4- 3- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 3, 2008 No.: 3.e. Consent Calendar Type of Action: Human Resources Subject: AUTHORIZE MEDICAL LEAVE OF ABSENCE WITHOUT PAY FOR VEHICLE AND EQUIPMENT SERVICE WORKER PHILIP NOTARMASO THROUGH MAY 18, 2008 Submitted By: William E. Brennan, Initiating Dept/Div.: Collection System Director of Collection Operations /Fleet Services System Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION: ,6 B. Brennan C. Fre as roes M. K ly, general Ma ager 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 Vehicle and Equipment Service Worker Philip Notarmaso. FINANCIAL IMPACTS: Minimal ALTERNATIVES /CONSIDERATIONS: Deny medical leave of absence without pay. BACKGROUND: Vehicle and Equipment Service Worker Philip Notarmaso has been off of work since January 7, 2008, due to a non - work - related injury. Mr. Notarmaso applied for, was granted, and used 12 weeks of Family Medical Leave. We request authorization to grant medical leave without pay for Mr. Notarmaso through May 18, 2008. Mr. Notarmaso's 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 Vehicle and Equipment Service Worker Philip Notarmaso through May 18, 2008. CSOX:000UME- 1 \jlopez \LOCALS -1 \Temp \Notarmaso Leave ofAbsence.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 3, 2008 No.: 3J. Consent Calendar Type of Action: FINANCE subject: AUTHORIZE GENERAL MANAGER TO EXECUTE A CONTRACT FOR TEMPORARY SERVICES FOR $60,000 TO PROVIDE DISTRICT COMPUTER NETWORK SUPPORT SERVICES Submitted By: Randall M. Musgraves, Initiating Dept./Div.: Administration Director of Administration REVIEWED AND RECOMMENDED FOR BOARD ACTION: 161&*Wusgraes � �n Debbie cli James M. Wy, General Manager ISSUE: Board authorization is required to execute contracts exceeding $25,000. RECOMMENDATION: Authorize the General Manager to execute a contract for District computer network support services not to exceed $60,000. FINANCIAL IMPACTS: The Information Technology budget will be exceeded by approximately $60,000. ALTERNATIVES /CONSIDERATIONS: Deny the request with the result of delaying projects. BACKGROUND: The Network Coordinator in the Information Technology (IT) Section has been absent from the District for much of the past year due to several medical leaves of absence. The Network Coordinator is a one - person classification and is critical to providing support and maintenance of the file servers for the District. Staff has attempted to fill in for the Coordinator in his absence; however, multiple projects have fallen behind schedule as a result. Consequently, staff is requesting authorization to contract services to assist IT through the end of this fiscal year. The Human Resources Committee reviewed this request at its March 13, 2008 meeting, and recommended it for full Board consideration. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a contract for District computer network support services not to exceed $60,000. H:\Administrative Director's Directory\Position Paper Drafts \network coord pos ppr 3- 25- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 3, 2008 No.: 3.g. Consent Calendar Type of Action: HUMAN RESOURCES subject: DENY APPEAL OF UNION AND ADOPT THE ARBITRATOR'S RECOMMENDATION IN THE KINNON PROMOTIONAL GREIVANCE Submitted By: Cathryn Freitas, H. R. Initiating Dept./Div.: Administration /H. R. Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: lee-� C. Freitas WM raves mes M. ISSUE: In accordance with the grievance procedure in the current Memorandum of Understanding (M.O.U.) between the District and the Employees' Association, Public Employees' Union, Local One, the Board of Directors may adopt, reject or modify the recommendation of an appointed neutral third party (arbitrator) in grievance matters. RECOMMENDATION: Adopt the arbitrator's recommendation to deny the appeal of the Union in the grievance regarding the District's decision promote an employee other than the grievant. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Reject or modify the arbitrator's recommendation. BACKGROUND: On October 5, 2006, the Board directed staff to secure the services of an arbitrator in the Step Four appeal of the Union in a grievance regarding the promotion of one internal employee over another. The Union, on behalf of Source Control Inspector Kiley Kinnon, filed a grievance that the District made its promotional hiring decision not on the qualifications of the candidates, but discriminated against Mr. Kinnon based on his race. Gerald McKay was the arbitrator selected by the parties. He heard the case on October 12, 2007 and December 12, 2007. Labor Counsel Allison Woodall, Esq., represented the District. In summary, the arbitrator found that the preponderance of the evidence did not support the Union's case. This recommendation was reviewed by the Board's Human Resources Committee on April 1, 2008. The Hearing Officer's decision has been forwarded to the Board under separate cover. CADocuments and Settings \cfreitas \My Documents\kinnon promo gry pos ppr 3- 21- 08.doc POSITION PAPER Board Meeting Date: April 3, 2008 subject. DENY APPEAL OF UNION AND ADOPT THE ARBITRATOR'S RECOMMENDATION IN THE KINNON PROMOTIONAL GREIVANCE RECOMMENDED BOARD ACTION: Adopt the arbitrator's recommendation to deny the appeal of the Union in the grievance regarding the District's decision to promote an employee other than the grievant. CADocuments and SettingsWreitas\My DocumentsWinnon promo gry pos ppr 3- 21- 08.doc 4.a. Hearings HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF THE PROPOSED ADDITION OF SECTION 6.20.400 TO THE DISTRICT CODE (REIMBURSEMENT FEES FOR DISTRICT - INSTALLED FACILITIES) SUGGESTED AGENDA April 3, 2008 I. Request Staff Report II. Hearing A. Open Hearing B. Receive comments from affected property owners C. Receive comments from other interested parties D. Close Hearing III. Discussion IV. Recommended Actions: A. Consider adopting the proposed addition Section 6.20.400 to the District Code (Reimbursement fees for District - installed facilities) NAENVRSEC \Position Papers \Swanson\2008\Agenda for Hearing Reimb Fees 4- 3- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 3, 2008 No.: 4.a. Hearings Type of Action: CONDUCT PUBLIC HEARING; ADOPT ORDINANCE Subject: CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE TO ADD SECTION 6.20.400 TO THE DISTRICT CODE Submitted By: Initiating Dept /Div.: Curtis W. Swanson, Division Manager Engineering /Environmental Services REVIE D AND RECOMMENDED FOR BOARD ACTION: C. Swanson A. Farrell K. Alm mes M. Ily eneral Ma ager ISSUE: The Board must conduct a public hearing prior to considering the addition of Section 6.20.400 to the District Code (reimbursement fees for District - installed facilities). RECOMMENDATION: After conducting a public hearing to receive comments, adopt the ordinance incorporating the proposed Section 6.20.400 to the District Code (reimbursement fees for District - installed facilities) with an effective date of seven (7) days after publication of the ordinance or ordinance summary. FINANCIAL IMPACTS: The District will not incur any direct expenses for implementing the proposed addition to the District Code. The proposed addition will allow the District to establish reimbursement fees for District — installed sewer facilities such as the Alhambra Valley Trunk Sewer Project. ALTERNATIVES /CONSIDERATIONS: The alternative to this action is to not adopt or defer adoption of the proposed Section 6.20.400 to the District Code. BACKGROUND: Title 6 of the District Code, entitled Fees and Charges, establishes the authority, process and categories of fees charged for sewer and other services provided by the District. One of the categories of fees that the District may charge is reimbursement fees. The reimbursement fee program allows for the District to require that initial installers of public sewer facilities to provide capacity for the ultimate tributary service area, and provides for the fair and equitable distribution of costs of public sewer facilities amongst initial and future users. The District collects reimbursement fees from future customers when they connect to the sewer system and these fees are paid to installers of sewer facilities to reimburse them for a portion of their installation costs. The Board of Directors approves all reimbursement fees. The current rules and processes in the District Code for reimbursement fees are specifically for private installers of public sewer facilities (i.e. developers, property owners, and homeowners). N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Amendmens to Dist Code Title 6.20 4- 3- 08.doc POSITION PAPER Board Meeting Date: April 3, 2008 subject: CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE TO ADD SECTION 6.20.400 TO THE DISTRICT CODE The proposed addition to the District Code are rules and processes for establishing reimbursement fees for public sewer facilities installed by the District. The principal differences between the proposed rules and reimbursement fee rules for private installers are: • Reimbursement fees would be increased annually to account for investment earnings for the public funds used to install the sewer facilities. • Reimbursement fees would not be decreased to account for depreciation of the sewer facilities. • There is no set time limit for reimbursement fees for District - installed sewer facilities. Fees approved by the Board would be collected indefinitely until the District has recovered all of sewer project costs plus investment opportunity costs. The District has not been an installer of public sewer facilities, as defined in the District Code, until the recent extension of a public trunk sewer into the Alhambra Valley. The proposed rules will allow the establishment of reimbursement fees so that the District may recover the costs associated with the Alhambra Valley Trunk Sewer Project. The proposed ordinance to include proposed provisions to the District Code for reimbursement fees for District - installed facilities is attached. RECOMMENDED BOARD ACTION: After conducting a public hearing to receive comments, adopt the ordinance incorporating the proposed Section 6.20.400 to the District Code (reimbursement fees for District - installed facilities) with an effective date of seven (7) days after publication of the ordinance or ordinance summary. N: \ENVRSEC \Position Papers \Swanson\2008 \PP Conduct Hearing Amendmens to Dist Code Title 6.20 4- 3- 08.doc ORDINANCE NO. AN ORDINANCE TO ADD SECTION 6.20.400 REGARDING CUSTOMER REIMBURSEMENT OF DISTRICT INSTALLATION COSTS TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE WHEREAS, the Board of Directors of Central Contra Costa Sanitary District ( "Board ") has set April 3, 2008 at 2:00 PM as the date and time for a public hearing to receive comments on and consider adoption of a proposed ordinance to add Section 6.20.400 to the District Code regarding customer reimbursement of District installation costs; WHEREAS, at the time and place for which notice was given, the Board conducted a public hearing on the proposed ordinance and all interested parties were given an opportunity to be heard, and thereupon, the hearing was closed; WHEREAS, the Board has duly considered all of the testimony, documents and comments submitted at the public hearing; WHEREAS, The Board has determined that it is in the best interest of the health and safety of District property owners to adopt an Ordinance to add Section 6.20.400 to the District Code regarding customer reimbursement of District installation costs. NOW THEREFORE, Board of Directors does ordain as follows: Section 1. Section 6.20.400 shall be added to the District Code as follows: 6.20.400 Customer reimbursement of District installation costs. In certain cases, the public interest and public safety may require the District itself to design and construct public sewage facilities for an existing or proposed development. In order to comply with applicable law concerning use of District revenues, the District shall adopt a reimbursement fee structure to provide for full reimbursement of any and all costs associated with installation of local street sewers. Reimbursement fees to reimburse the District for other sewer facilities may also be imposed. Reimbursement fees for District costs shall be calculated in a manner that provides for full reimbursement to the District for all direct and indirect project costs, including but not limited to those for planning and pre- design studies, surveying, acquisition of right -of- way, design, bidding, construction contracts, inspection, contract administration and financing. Such reimbursement fees shall be deposited in revenue accounts established separately for each District Project where reimbursement of costs to the District is applicable under this Section. Annual statements for these revenue accounts shall demonstrate that the required full reimbursement is being achieved. The Board of Directors shall establish the terms and conditions applicable to the reimbursement fees for particular District - installed facilities, including provisions for expiration, in the Ordinance setting such fees. Section 2. Severability 1. If any provision of this Ordinance or application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. 2. The Board hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase is held unconstitutional, invalid or unenforceable. Section 3. Effective Date Upon passage and publication of this Ordinance or summary thereof, pursuant to Cal. Health & Safety Code §§ 6490 and 6491.3, this Ordinance shall take effect seven (7) days after publication. PASSED AND ADOPTED this 3rd day of April 2008 by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Gerald Lucey, President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine Boehme, Secretary Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm District Counsel Item 4.a Proposed Addition to District Code Title 6 Section 6.20.400 Curtis Swanson April 3, 2008 Background Reimbursement Fees Reimbursement fees provide for sharing of costs of sewers. Already have rules for reimbursements fees for sewers installed by developers and individuals. There are no rules for reimbursement fees for sewers installed by the District. Proposed Section 6.20.400 Would establish a process & rules for reimbursement fees for District - installed sewer facilities. Differences from existing rules: Increase fees annually for anticipated investment earnings No depreciation No time limit Why Amend Code Now? Driving force is the Alhambra Valley Trunk Sewer Project. District reserves were used for the Alhambra Valley sewers. Want system in place to recover District costs as soon as possible. 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 3, 2008 No.: 6.a. Bids and Awards Type of Action: CONSIDER BID PROTEST /AUTHORIZE AWARD OF CONSTRUCTION CONTRACT /AUTHORIZE EXECUTION OF CONTRACT DOCUMENTS AND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT subject: CONSIDER HSR INC. BID PROTEST /AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT; AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS WITH LISTER CONSTRUCTION INC.; AND AUTHORIZE AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH CALPO, HOM & DONG ARCHITECTS FOR THE CONSTRUCTION OF TREATMENT PLANT SITE IMPROVEMENTS, DISTRICT PROJECT 7251 Submitted By: Initiating Dept. /Div.: Craig H. Mizutani, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: A- AOM--- 044 00-'e4 lt,,K/utan A. Antkowiak T. i A. Farrell K. Alm mes M elly, keneral anager ISSUE: On March 4, 2008, thirteen sealed bids were received and opened for the construction of the Treatment Plant Site Improvements, District Project 7251. On March 6, 2008, a timely bid protest was received. As part of its deliberations, the Board needs to consider the merits of any timely bid protests. The Board of Directors must award the contract or reject bids within 50 days of the bid opening. RECOMMENDATION: Reject the bid protest; award a construction contract; authorize the General Manager to execute the Contract Documents and authorize the General Manager to execute an amendment to the Professional Engineering Services Agreement with Calpo, Hom & Dong Architects (CHD). FINANCIAL IMPACTS: Approximately $2,421,000, including design, bid price, contingency, and construction management if awarded to Lister Construction Inc. Approximately $40,000 more if awarded to HSR Inc. ALTERNATIVES /CONSIDERATIONS: Accept the protest and award to the second low bidder HSR Inc., which is not recommended. Reject all bids, which is also not recommended. BACKGROUND: The Plant Site Improvements Project restores, repairs, replaces, improves and maintains treatment plant infrastructure including pavement, handicap access, drainage, communications, fencing, and gates. This project includes 20 areas at the treatment plant, Household Hazardous Waste Collection Facility, and Martinez Pumping Station (see Attachment 1). Page 1 of 19 N: \PESUP \Position Papers \Mizutani \7251 R Award Construction Contract.doc POSITION PAPER Board Meeting Date: April 3, 2008 subject: CONSIDER HSR INC. BID PROTEST /AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT; AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS WITH LISTER CONSTRUCTION INC.; AND AUTHORIZE AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH CALPO, HOM & DONG ARCHITECTS FOR THE CONSTRUCTION OF TREATMENT PLANT SITE IMPROVEMENTS, DISTRICT PROJECT 7251 The work includes the following: ♦ Replacing worn, deteriorated asphalt and re- grading areas that create hazards to traffic. ♦ Sealing and striping of existing asphalt surfaces throughout the plant and parking lots. ♦ Correcting the routing of storm drains that currently drain off -site. ♦ Paving of existing gravel areas around the South clarifiers to improve access and maintenance. ♦ Improving drainage at the Bioassay trailer, HOB parking lot, and other areas at the treatment plant. ♦ Replacing the pond fence. ♦ Replacing the gates at: the main treatment plant entrance, the Imhoff Drive entrance, and the Martinez Pumping Station. New motorized operators will be installed at all three locations. ♦ Addition of permeable paving west of substation 16 and south of the primary sedimentation tanks. ♦ Providing provisions for future security cameras and access at the Martinez Pumping Station and treatment plant. ♦ Modifying parking areas at the HOB, POB, Lab, and Annex for Americans with Disabilities Act (ADA) compliance. ♦ Installing a conduit path for installation of fiber optic cable for connection to AT &T service. District staff prepared the plans and specifications for the majority of the project. Calpo, Hom & Dong Architects (CHD) prepared the plans and specifications for the ADA work. The Engineer's estimate for construction of the project is $2,200,000. This project was advertised on January 2 and January 9, 2008. Thirteen sealed bids ranging from $1,584,000 to $2,105,300 were received and publicly opened on March 4, 2008. A summary of bids received is shown in Attachment 2. The Engineering Department conducted a technical and commercial review of the bids. The apparent low bidder is Lister Construction Inc. (Lister). Staff has also reviewed the bid submitted by HSR Inc., the second low bidder, and determined its bid to be responsive. On March 6, 2008, the second -low- bidder, HSR Inc. (HSR), submitted a timely bid protest claiming the bid submitted by Lister contained material defects (Attachment 3). N: \PESUP \Position Pape rs \Mizutani \7251 R Award Construction Contract.doc Page 2 of 19 POSITION PAPER Board Meeting Date: April 3, 2008 subject: CONSIDER HSR INC. BID PROTEST /AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT; AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS WITH LISTER CONSTRUCTION INC.; AND AUTHORIZE AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH CALPO, HOM & DONG ARCHITECTS FOR THE CONSTRUCTION OF TREATMENT PLANT SITE IMPROVEMENTS, DISTRICT PROJECT 7251 These defects were identified as: 1) The Bidder's Bond form was signed by the bidder, but the Acknowledgement of Principal's Signature was not notarized. 2) Lister did not list a subcontractor for the motorized gate operator work. HSR claimed that since Lister did not list a subcontractor, they must perform the work themselves. The Contract Documents require the gate operators to be installed by factory authorized technicians. HSR claimed that Lister was not factory authorized and could not perform the work, thus making their bid non - responsive. 3) HSR claimed that Lister does not possess the required contractor's license to install handrail and that a qualified subcontractor should have been listed on the bid forms. Lister responded to the bid protest in their letter dated March 12, 2008 (Attachment 4). District Staff and Legal Counsel have reviewed HSR's bid protest and Lister's response. Based on the information provided, staff has determined the following (by item): 1) Lack of acknowledgement by a notary is not considered a material defect in the bid. 2) Lister has stated they can meet the requirements of the Contract Documents. The operators will be installed by a second tier subcontractor performing work for the listed electrical subcontractor. 3) Lister has both Class A and Class B contractor's licenses which are appropriate for this work. Therefore, staff has determined that the bid submitted by Lister is responsive and Lister is the lowest responsive bidder with a bid amount of $1,584,000. A letter stating staff's determination was sent to HSR Inc. on March 17, 2008 (Attachment 5). In accordance with the Contract Documents, the Board has the ultimate authority to determine whether a bid is responsive or not and to waive any non - material irregularities in bids received; staff seeks the Board's concurrence with staff's determination. District staff will provide contract administration, inspection, survey, office engineering, and will coordinate review of submittals. District staff will also perform the majority of the shop drawing review and construction support services for this project. Staff recommends that CHD provide civil construction support related to the ADA work. Construction support services include reviewing shop drawings and submittals, N: \PESUP \Position Papers \Mizutani \7251 R Award Construction Contract.doc Page 3 of 19 POSITION PAPER Board Meeting Date: April 3, 2008 Subject: CONSIDER HSR INC. BID PROTEST /AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT; AUTHORIZE THE GENERAL MANAGER TO EXECUTE CONTRACT DOCUMENTS WITH LISTER CONSTRUCTION INC.; AND AUTHORIZE AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH CALPO, HOM & DONG ARCHITECTS FOR THE CONSTRUCTION OF TREATMENT PLANT SITE IMPROVEMENTS, DISTRICT PROJECT 7251 responding to design questions, evaluating change order requests, and performing site visits to verify compliance with the design intent. CHD was selected because they prepared the plans and specifications for the ADA modifications. With Board concurrence, staff proposes to negotiate a $10,000 amendment with CHD for construction support service. This will increase the agreement cost ceiling to $60,000. The funds required to complete this project, as shown in Attachment 6, are $2,174,000. The total cost of the Treatment Plant Site Improvements is anticipated to be $2,421,000. This project is included in the FY 2007 -08 Capital Improvement Budget (CIB) on pages 89 and 90. The scope of the project has been expanded to address several necessary projects, such as ADA improvements, fiber optics and drainage, as well as to take advantage of a favorable bid climate. This change in planned expenditure was reviewed by the Capital Projects Committee and determined to be within the General Manager's authority. Staff has conducted a cash -flow analysis of the Treatment Plant Program and concluded that adequate funds are available for this project. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15301 since it involves minor alterations to existing public facilities. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Reject the bid protest and authorize award of a construction contract in the amount of $1,584,000 for the construction of the Treatment Plant Site Improvements, District Project 7251, to Lister Construction, Inc., the lowest responsive bidder; authorize the General Manager to execute the Contract Documents; and authorize a Professional Services Agreement with Calpo, Hom & Dong Architects. N: \PESUP \Position Pape rs \Mizutani \7251 R Award Construction Contract.doc Page 4 of 19 TABLE OF CONTENTS (ATTACHMENTS) N: \PESUP \Position Papers \Mizutani \7251 R Award Construction Contract.doc Page 5 of 19 ATTACHMENT 1 Location Map ATTACHMENT 2 Summary of Bids ATTACHMENT 3 Bid Protest Letter from HSR Inc. ATTACHMENT 4 Lister Response to Bid Protest Letter ATTACHMENT 5 Letter to HSR Inc. ATTACHMENT 6 Post - Bid / Pre - Construction Estimate N: \PESUP \Position Papers \Mizutani \7251 R Award Construction Contract.doc Page 5 of 19 i 1 N IQ ME PROJECT AREAS NOTES: • SLURRY SEALING THROUGHOUT PLANT. • MARTINEZ PUMPING STATION NOT SHOWN. • IMHOFF DRIVE GATE NOT SHOWN. Central Contra Costa Attachment Sanitary District TREATMENT PLANT SITE IMPROVEMENTS District Project 7251 .� Project Locations Page 6 of 19 PROJECT NO.: 7251 ATTACHMENT 2 TREATMENT PLANT SITE IMPROVEMENTS DISTRICT PROJECT 7251 SUMMARY OF BIDS DATE: MARCH 4, 2008 PROJECT NAME: TREATMENT PLANT SITE IMPROVEMENTS PROJECT LOCATION: MARTINEZ, CALIFORNIA ENGINEER EST.: $2,200,000 BIDDER BID PRICE Lister Construction, Inc. 896 Aldridge Road, Suite B $1,584,000 Vacaville, CA 95688 HSR, Inc. 530 Aldo Avenue $1,621,021 Santa Clara, CA 95054 William G. McCullough Construction 2625 East 18th Street $1,703,235 Antioch, CA 94531 -2119 J. A. Gonsalves and Son Construction, Inc. 1100 Soscol Ferry Road $1,772,050 Napa, CA 94558 Hess Construction Co. Inc. 4484 Hess Drive $1,778,000 American Canyon, CA 94503 GradeTech, Inc. PO Box 1728, San Ramon 94583 $1,838,800 10250 Crow Canyon Road Castro Valley, CA 94552 McGuire & Hester 9009 Railroad Avenue $1,897,409 Oakland, CA 94603 ProVen Management, Inc. 706 Sansom Street $1,899,000 San Francisco, CA 95111 Beebe Corporation 6101 Sky Creek Drive $1,904,590.95 Sacramento, CA 95828 Ghilotti Bros., Inc. 525 Jacoby Street $1,944,000 San Rafael, CA 94901 Ghilotti Construction Company, Inc. 246 Ghilotti Avenue $1,973,480 Santa Rosa, CA 95407 Sposeto Engineering, Inc. 4301 Betten Court Way $1,988,500 Union City, CA 94587 Bay Cities Paving and Grading, Inc. 5029 Forni Drive $2,105,300 Concord, CA 94520 BIDS OPENED BY Elaine R. Boehme DATE March 4, 2008 N: \PESUP \Position Pape rs \Mizutani \7251 R Award Construction Contract.doc SHEET NO. 1 OF 1 Page 7 of 19 ims �A r! lip 71 ATTACHMENT 3 4 IC'Nea c�Kgucceau�g �e.ukactaut � �U.AI�I��.1�r.. Santa (I;ira. (�:A 9i11� 1 i 111, i �f�_'- �l�)ib ; 11)211 �f,, ')t)�' i fI (tiLR 't. '4W.3 March 6, 2008 Board of Directors Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, Ca. Re: Central Contra Costa Sanitary District — Project 7251 Protest of Bid Filed by Lister Construction Mr. James M. Kelly: MAR 1 12008 HSR Inc. submitted a proposal for the above project on March 4, 2008 per the plans and specifications. Please accept this letter as a formal protest regarding the proposal submitted by Lister Construction the apparent low bidder. The Lister Proposal does not comply with the specifications in at least three areas: The specifications for the project stipulate that the principal needs to sign the bidder's bond (Form DP 7251 — Volume 2 — Page 11) and have his or her signature notarized. In addition the specifications require bonding company to notarize its signature (form DP7251 — Volume 2 — Page 12) as well. While the Lister proposal does include the notarized signature of the bonding company it does not include the notarized signature of the principal (Lister Construction) required on Page 11. This is a material defect in their proposal and the lack of notary should render their bid non - responsive. Such material defects in a proposal would serve to allow the offending firm to void its contract at its own choosing at any time it would seem beneficial to do so during the contract period or even the warranty after completion. Additionally, if a major defect arose requiring the bonding company to step in and complete the work or cover the defects in construction they also would have a defense because the proposal is not complete and accurate and contains such a material defect. 2. The apparent low bidder did not list a subcontractor for the electronic gate work required on several of the project sites. Section 02836 Paragraph 1.4 E states "system shall be installed by a factory- authorized contractor, with technicians specifically trained in this system." The electronic gate work is well in excess of '/z of 1 % of the project (copies of subcontractor proposals attached) which either requires that a subcontractor be listed for the work or it must be self - performed. The non - listing of a subcontractor for this specialty item of work requires Lister to self - perform these services. However Lister is not a "factory- authorized contractor" and due to this cannot self - perform the work. Their only option here would be to attempt to add a subcontractor who could meet the specifications. The specifications are clear that subcontractors cannot be added after the bid InUTK �. Page 8 of 19 submittal. This aspect even further supports the fact that the Lister bid is non- responsive to your specifications. For information HSR listed the Door Company, a factory certified contractor in this type of installation and AAA Fence for the other fencing required for the project. The Lister proposal included Calco Fencing for fencing (proposal attached) which specifically excludes the electronic gate work because they are not a factory certified installer. 3. Additionally the apparent low bidder did not list anyone for the installation of hand railing required on several of the projects. HSR listed the lowest responsive subcontractor Bay Area Metals for this work. The Bay Area proposal (copy attached) was $ 68,000 which greatly exceeds '/2 of 1 % of the contract amount. Again the specifications require them either to list a subcontractor or self perform this work. A review of the license classifications held by Lister Construction indicates that they do not have a license classification for handrail work. Secondarily and maybe even more importantly The Lister proposal bid Item 10 at $9000.00. The subcontractor proposal for railing on this site is $17,805.00. From this number it is clear that they did not include the subcontractor costs for railing at this site and if they state that they did then their bid is substantially unbalanced as it relates to this site which again by specification could render their proposal non - responsive. HSR Inc. does not take the filing of a bid protest lightly nor do we make it a standard practice to do so. However all of the above listed issues are material defects in the Lister proposal and should upon review be cause for the rejection of their proposal. We ask that you review our protest and respond with any questions or concerns you might have in as timely a manner as possible. Thank you in advance for your consideration into this matter. Sincerely HSR Inc. R. Keith Dorsa President Cc. Lister Construction 896 Aldridge Road, Suite B Vacaville, Ca. 95688 Page 9 of 19 I-I S R, IIVCORYOI2ATE:D G'I:NE:RAL ENC3iNI:E:RINC, F'.NVIRONME:NTAL, DEMOLITION. CONCRETE: CR.CISHIIVG' 3 JQ z 2� �s ic r c� �y i e� �i 9' �C ) t, 7 } Page 10 of 19 o � � � m Page 10 of 19 ---------- AY AREA WELDING & MAUMNANCE P. O. Box 5303 Richmond, CA 94805 (510) 233 -3485 Fax: (510) 236 -5621 LIC #499501 NAME /ADDRESS ESTIMATOR Estimate DATE ESTIMATE NO. 3/4/2008 08804 PROJECT Treatment Plant Site Improvements DESCRIPTION QTY COST TOTAL Treatment Plant Site Improv. District Project. No. 7251 ITEM 10: Fabricate & Install aluminum three rail railings. 173,805.00 17,805.00 Core drilling, shop drawings. Exclusions: remove old rails, patching holes, concrete work ITEM 12: Sheet 18; Detail 10: Bulkhead, galvanize 1,975.00 1,975.00 F.O.B. ITEM 13: Sheet 20; Detail 18 dt 19: 6 Sign post F.O.B. 1,780.00 1,780.00 ITEM 21: Sheet A18-2 and A18 -5: Handrails, steps and 33,150.00 33,150.00 ramps. Core drilling, shop drawing, Exclusions: paint, setting can's and concrete 4 - H.C. Detail 23 and 9 - H.C. Detail 24;galvanize only 13,290.00 1.3,290.00 F.O.B Estimate is good for 30 days from date of Estimate: ACCEPTANCE OF ESTIMATE: BY: TITLE: DATE: Please sign and fax back if Estimate is accepted TOTAL $68,000.00 Page 11 of 19 CALCO FENCE,INC, BID PROPOSAL P.O. BOX 1127 - LIVEIR.MORE, CA- 94351 -11127 (925) 449-5081 FAX - (925) 449-51 77 LICENSE NO. 458341 CLASSIFICATION C -13 SIGNATORY TO IRONWORKER AND LABORER UNIONS SMALL BUSINESS ENTERPRISE CERTIFIED LSE WITH ALAMEDA CO. TRANS. AUTHORITY *07-91013 BOND RATE - 2% - COST OF BOND 1' NOT INCLUDED IN PRICE LISTED BELOW LIABILITY INSURANCE LIMITS - $1 MIL EACH OCCURANCE / $1 MIL PERSONAL INJURY / $2MIL PRODUCT ASS / $2MIL GENERAL ABCs- / $1 MIL AUTO PROJECT NAME: TREATMENT PLANT SITE IMPROVEMENTS - CCCSD DATE do TIME OF BIDE MAR. 4, 2008 2 PM PROJECT LOCATION: MARTINEZ, CA. ESTIMATOR: mum MILL ADDENDUMS NOTED: 1,2 3 BID BREAKDOWN- PAGE ONE Item 12 - Site 9 - South of South e - hain link fence work only - We will remove the existing chain link fence, rails, fittings and gates from the existing posts, leave the posts in place, then return and reinstall all materials on the some posts with no repairs figured in on the existing posts. Exclusions - All other work under this item to be by others. TOTAL - S 3,335.00 Three thousand three hundred thirty five Item 13 - Site 10 - Gas Yard Area - We will supply and Install the two pipe bollards, painted and filled. Exclusions: All other work under this item to be by others. TOTAL - $ 380.00 Three hundred eighty Item 17 - Site 14 - Pond Area Fence - Others to remove the existing fence and grade the area. We will supply and install complete approx. 493 LF of IF high ornamental iron fence and one 8' wide single swing gate with all posts and hardware. Exclusions: Existing fence removed and hauled off by others and the area graded by others and temporary fence and gates by others. TOTAL - S 22,495.00 Twenty two thousand four hundred ninety five Item 19 - Site 16 - Martinez Pumping Station Gate - Others to remove the existing facilities - We will dig and set the new posts, install approx. 18 LF of chain fink fence and install one 20' wide slide gate with the bolt down angle iron track. Exclusions: Automation by others, ground track pad by others, existing facilities removed by others and temporary fence and gates by others. TOTAL - $ 4,895.00 Four thousand eight hundred ninety five Item 20 - Site 17 - DAFT Area - We Oil supply and install complete two Tie Down posts with flanges, anchor bolts and eyebolts. Exclusions: Concrete pads by others and all other work on this site by others. TOTAL - 3 315.00 Three hundred fifteen TOTAL BD) PRICE. - SEE PAGE TWO FOR CONTINUATION C�T'L*' Page 12 of 19 VJf VJ! LV VU LJ•TJ JLJTT JI VVT CALCO FENCES NC. BID PROPOSAL P.O. BOX 1127 - LWER.WORE, CA. 44551 -1127 (92S) 449 -5081 FAX - 192S) 449-3177 LICENSE NO. 45B341 CLASSIFICATION 0 -13 SIGNATORY TO IRONWORKER AND LABORER UNIONS SMALL BUSINESS ENTERPR19C CERTIFIED L ®E WITH ALAMEDA CO. TRANS. AUTHORITY #07 -91 O1 7 BOND RATE - 2% - COST OP* BOND 19 NOT INCLUDED IN PRICE LISTED BELOW LIAi1LITY INSURANCE LIMITS - S 1 MIL EACH OOCURANCE / $ 1 MIL PERSONAL INJURY / $2MIL PRODUCT AGO / $ZMIL GENERAL AGO. / $1 MIL AUTO PROJECT NAMEs TREATMENT PLANT SITE IMPROVEMENTS - CCCSD DATE & TiME OF 181110: MAR. 4. 2008 2 PM PROJECT LOCATIONs MARTINEZ, CA. ESTERATOR: MUM E HILL A.DDENDIJMS NOTED: 1,2,3 DID BREAKDOWN: PAGE TWO Itemn 21 - Site 18 - Ornamental rion fence and gates at HHWCF Parking Lot - We will supply and install complete 5 LF of 8' high ornamental iron fence and one 42" wide single swing gate with all posts and hardware. Exclusions: All other work under this Item to be by others. TOTAL - $ 3,195,00 Three thousand one hundred ninety five Item 22 - Site 19 - Main Entrance Fence /Gate - Existing fence and gates and facilities removed by others - We wiN supply and Instal the new posts for the 10' high omamental iron fence and the fence panels for approx. 33 LF of fence and we will core drill the existing wall and install the new posts for the 7' high ornamental iron fence and the fence panels for approx. 74 LF of fence. We will supply and install the 28' wide x 10' high double slide gate with V groove ground wheels and the bolt down angle iron track. We will also supply and Install the 6 pipe bollards. Exclusions: Automation by others, ground track pads by others, existing facilities removed by others, all signs by others, all modifications of existing pads by others, field verification of electrical duct bank depth by others. TOTAL - $ 38,945.00 Thirty eight thousand nine hundred forty five Item 23 - Site 20 - Imhoff Drive Entrance Gate - Existing gates and facilities removed by others and temporary fence and gates supplied and installed by others - We will vacuum the new post footings and install two new gate posts and one new 20' wide full cantilever chain link slide gate, ready for automation by others. We will also supply and install 5 removable pipe bollards and 2 fixed pipe bollards, painted and filled with concrete. Exclusions: Automation by others, existing gates removed by others, temporary fence and gates by others, existing facilities removed by others, signs by others. TOTAL - $ 13,940.00 Thirteen thousand nine hundred forty TOTAL BED PRICE - $87,500.00 EIGHTY SEVEN THOUSAND FIVE HUNDRED C�-V Page 13 of 19 See )4z. c A e,k Dated 2008 Company Name �opnn Nor ACKNOWLE State of California County of On Public, personally appeared :ipal (Authorized Signature) less Address E: State CAPACITY CLAIMED BY SIGNER a notary 11 INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) Name(s) of Signer(s) Title(s) ❑ PARTNER(S) ❑ personally known to me -OR- ❑ proved to me on basis of satisfactory ❑ ATTORNEY -IN -FACT evidence to be the person(s) whose name(s) is/are subscribed to the within ❑ TRUSTEE(S) Instrument and acknowledged to me that he /she/they executed the same In his/her /their authorized capacity(ies) and that by his/her /their signature(s) on ❑ OTHER the instrument, the person(s) or the entity upon behalf of which the Describe person(s) acted, executed the instrument. ❑ SUBSCRIBING WITNESS (for WITNESS my hand and official seal Signature of Notary SIGNER IS REPRESENTING: Name(s) of Person(s) or Entity(ies) Page 14 of 19 ATTACHMENT 4 L I S T E R CONSTRUCTION, INC. CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER 630673 896 Aldridge Road, Suite 13, Vacaville, CA 95688 -1027 Office:(707)451 -2813 Fax:(707)450 -0291 March 12, 2008 Mr. Craig Mizutani Mai j 2 ZDQ$ Central Contra Costa Sanitary District Martinez, CA Irn n RE: Response to Bid Protest Treatment Plant Site Improvements Project 7251 This letter is prepared in response to your facsimile letter dated March 10, 2008 containing a bid protest from HSR General Engineering. Our response to each concern is provided below. 1. A copy of the signature page with a notarized signature is attached. 2. The only electrical work on the project is associated with the gate work. Therefore, any and all electrical work, including the gate operator work, will be contracted to our electrical subcontractor, Anthony's Electric. Anthony's will in turn utilize a second tier subcontractor for the gate operator work that meets the requirements of 02836 Paragraph 1.4E. Per public contract code, listing of second tier subcontractors is not required. 3. The work for the hand rails will be self performed by our own forces. Thus, it is not necessary to list a subcontractor for this work. A metal shop will fabricate the hand rails and they will be installed by Lister. In response to paragraph 2 of HSR's Item 3, we do not intend on using the subcontractor that they listed for this work therefore any pricing associated with HSR's subcontractors is irrelevant. We trust that we have addressed each of the concerns identified above. Please let us know if we can be of further assistance in award of the contract. We look forward to a successful project with the district. Sincerely, Walter C. Lister President Page 15 of 19 Dated 2008 �.. ��e Q ► �� i�u< u T�1 Company Name Principal (Authorized Signature) Business ddress 4LLA U.rt � City State ACKNOWLEDGMENT OF PRINCIPAL'S SIGNATURE: State of California ) SS County of on before nie _�.�..I chk C 09 ' a Notary Public, personally appeared _ W -rA \2 r C. �.. \�� e r• Name(s) of Signer(s) ❑ personally known to me -OR- 0 proved to me on basis of satisfactory evidence to be the person($) whose name(r) isfare subscribed to the within instrurrmnt and acknowledged to me that he/sheAhey executed the same in his/herAheir authorized capacitA4B) and that by hislpe AMW signatuneft on the instrument, the person(*) or the entity upon behalf of which the personWacted, executed the instrument. WITNESS my hand and official seal Si re of ry LINDA Co T1 Commission N 1711J76 Nofory Public - CcNfornla Solana, County Corm. 8 s.lar►1 SDI i DP 7251 — Volume 2 — Page 11 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) �. CtPORATF�OFFICER(S) Title(s) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER ❑ SUBSCRIBING WITNESS (for _Ttyrrn �`Y l :c (t SIGNER IS REPRESENTING: Name(s) of Person(s) or ErdMies) �... a� r C o ,yA, .,4,\v \o,\ Page 16 of 19 ATTACHMENT 5 District March 17, 2008 CERTIFIED MAIL NO File: 7251.5.1.4 HSR Inc. 530 Aldo Avenue Santa Clara, CA 95054 7007 0710 0004 6169 4215 Attn: Mr. R. Keith Dorsa, President Dear Mr. Dorsa: TREATMENT PLANT SITE IMPROVEMENTS, CENTRAL CONTRA COSTA SANITARY DISTRICT PROJECT 7251, PROTEST OF BID F': X: (925) 372-7,492 i.�/r.e.v K1LI.) �rnrrd 1 buy. {prr �um,�rl /w• lhr ! lllll•Ifl ,;lo, So.2000 l L IINI It Rnl'LIAIL Se, rrlury nJ drr l )icnvcl Thank you for your interest in Central Contra Costa Sanitary District's (District) Project No. 7251 ( "Project "). We have received your letter of March 6, 2008, which protests the bid submitted by Lister Construction for the Project. After careful review of your letter with our District Counsel, we respectfully disagree with the positions set forth in your letter and hereby deny your bid protest. Consequently, the Central Contra Costa Sanitary District will recommend award of the contract for this Project to Lister Construction, Inc. ( "Lister "). In response to Item No. 1, the lack of acknowledgement by a notary on the bidder's bond is not considered a material defect in the bid. California law permits the District to treat such an omission as an immaterial discrepancy that does not affect the responsiveness of the bid. We have received a signed and notarized copy of the Acknowledgement of Principal's Signature from Lister. In response to Item No. 2, Lister Construction has stated that they can meet the requirements of the Contract Document regarding installation of the gate operators. The operators will be installed by a second tier subcontractor performing work for Anthony's Electric, the listed electrical subcontractor. In response to Item No. 3, we disagree with your claim that Lister does not have the required Contractor's license to perform the handrail work. The handrail, fabricated by others, will be installed by Lister Construction. Lister has both Class A and Class B contractor's licenses, which are appropriate for this work. Page 17 of 19 A L� ' HSR Inc. Page 2 March 17, 2008 Based on the foregoing, the District has made a determination that the bid presented by Lister is the lowest responsive bid. Accordingly, the District will recommend award of a contract to Lister at the April 3, 2008 Board meeting. Thank you for your interest in Central Contra Costa Sanitary District. Please contact me if you have any questions. Sincerely, �. ti Craig M tani CHM:jf cc: A. Antkowiak, A. Farrell, J. Kelly, T. Pilecki Meyers Nave Riback Silver & Wilson Page 18 of 19 N:',PESUP\Design \District Projects \7251 \HSR Ltr.doc ATTACHMENT 6 TREATMENT PLANT SITE IMPROVEMENTS PROJECT DISTRICT PROJECT 7251 POST - BID I PRE - CONSTRUCTION ESTIMATE % of Estimated No. Item Description Amount Construction Cost 1 CONSTRUCTION Page 19 of 19 N PESUP`Pcsiticn Papers'Mizutanr,1251 R Award Construction Contract.doc a. Construction Contract $1,584,000 b. Contingency at 20% $317,000 TOTAL CONSTRUCTION $1,901,000 100% 2 CONSTRUCTION MANAGEMENT a. District Forces - Construction Management and Inspection $210,000 SUBTOTAL $210,000 11% b. Consultants - Additional specialty inspection, if required $10,000 - ADA consultant (Calpo, Hom & Dong Architects) construction services $10,000 SUBTOTAL $20,000 1% TOTAL CONSTRUCTION MANAGEMENT $230,000 12% 3 TOTAL CONSTRUCTION PHASE COST $2,131,000 112% 4 TOTAL PREBID EXPENDITURES $290,000 15% 5 TOTAL DESIGN AND CONSTRUCTION MANAGEMENT COST $520,000 27% 6 TOTAL ESTIMATED PROJECT COST $2,421,000 127% 7 FUNDS AUTHORIZED TO DATE $247,000 8 ADDITIONAL ALLOCATION NEEDED TO COMPLETE PROJECT $2,174,000 Page 19 of 19 N PESUP`Pcsiticn Papers'Mizutanr,1251 R Award Construction Contract.doc Agenda Item 6a Treatment Plant Site Improvements Project, DP 7251 Bidding /Award Board of Director's Meeting April 3, 2008 Treatment Plant Site Improvements Bid Background • March 4, 2008 -13 bids received • Engineer's estimate $2,200,000 • 13 Bids: 1,584,000 to $2,105,300 • Apparent low bidder, Lister Construction • March 6, 2008 Bid protest received • March 6, 2008 Project scope presented to Board Treatment Plant Site Improvements Bid Protest • March 6, 2008 - Bid protest by second low bidder, HSR Inc. 1. Bidder's Bond signed but not notarized 2. No subcontractor listed for installation of motorized operators for entry gates 3. No subcontractor listed for installation of handrail Treatment Plant Site Improvements Bid Protest Response • March 12, 2008 Response from Lister Construction • Bid Protest and response reviewed by District Staff and Legal Counsel 1. Bidders' Bond signature: Not a material defect 2. Installation of gate operators: By 2nd tier subcontractor to listed electrical subcontractor, thus not required to be listed 3. Handrail installation: Lister Construction has both Class A and B licenses, appropriate for the work Treatment Plant Site Improvements Construction Contract • Bid protest is non - meritorious • Appropriate to award construction contract to Lister Construction Item 7a.1. Contra Costa Water District Update CCCSD Board Meeting April 3, 2008 Recent CCWD Discussions • Request for Special Discharge Permit to accommodate CCWD pilot testing. • Discussion of CCWD perspective on recycled water in the Delta. 1 CCWD Prot Study • Study of removal of emerging contaminants from Delta source water using three drinking water treatment technologies • State funded project • Partnership with EPA, AwwaRF, SCVWD, ACWD and Alameda Zone 7 • Request for permission to discharge effluent and waste streams from pilot study to CCCSD sewer CCWD Pilot Plant Initial Proposed Feed Concentrations of Emerging Contaminants Found in Delta Source Water Estimated Maximum Feed Finished Concentration Concentration Constituent (u /L u /L Gemfibroal - Acidic Drug 1to5 1 Ibuprofen - Acidic Drug 1 to 5 5 Meprobamate - Neutral Drug 1 to 5 3.5 175_estradiol (E2) - Estrogen 1 to 5 1.5 Triclosan - Antibacterial Agent 1 to 5 0.25 Norrylphenol - Industrial Compound 1 to 5 5 Bisphenol A - Industrial Compound 1 to 5 5 lopromide - Industrial Compound 1 to 5 2.5 Sullamethoxazole - Antibiotic 1 to 5 1.5 HHCB (Galaxolide) - Synthetic Musk 1 t05 2 AHMI (Phantolide) - Synthetic Musk 1 to 5 5 Musk ketone - Synthetic Musk 1 to 5 5 Atenolol - Beta Blocker 1 to 5 5 Venlafaxine and O- desmethyl - SSRI. 1 to 5 5 Atraane - Pesticide 1 to 5 2.5 Currently evaluating reducing t is feed concertrations to minimize contaminants dischai ged to the sew Dr. 2 Schematic Diagram of Three CCWD Pilot Plant Treatment Trains Peroxide (Train z Only) GAC /Sand Target Pilot TRAINS Compounds (4.5 gpm) tas Plant —toed Water Target Compounds Ozone Pilot (5 gpm) TRAIN 3 Plant t__ ____________ Filtered _______________! Water rHollmFiber Plant Filtration NF Pilot Plant Train 7: Settled Water +Ozone + (GAC/Sand) Concentrate Train Z: Plant +Peroxide 8 Ozone + Figrabon Settled Water (GAC /Sand) Train 3: Plant + NF Filtered Water 3 Staff practiced due diligence... • Contacted: Principals at BACWA; Bruce Wolfe, Exec Off of RWQCB; Provessor Sedlak, UC Berkeley; Bobbie Larson, CASA Regulatory Affairs • Key Questions — Spiking with anything with permit limit No — Would contaminants impact treatment No — Are contaminants in our influent ? — Will contaminants impact receiving H2O ? — Is study important to advance science Yes Staff recommends issuing SDP with following requirements.... • Minimize concentrations of contaminants to those needed for valid data (LOD issue) • Cite contaminants selected as those typically found in Delta source water (ie. waste water data not available) • Include cover letter citing CCCSD desire to minimize discharge of emerging contaminants to the sewer, but exception made in this case to advance science. 4 Recent CCWD Discussions • Request for Special Discharge Permit to accommodate CCWD pilot testing. • Discussion of CCWD perspective on recycled water in the Delta. CCWD Perspective on Recycled Water in the Delta • Central Contra Costa Sanitary District (CCCSD) discharge already provides beneficial use if left in place • CCCSD Recycled Water does not always create new water supply • New demands provide the best potential to look for opportunities for recycled water expansion due to stranded costs 5 Water Recycling in the Delta Delta outflow is needed to prevent seawater intrusion into areas where freshwater must be maintained to protect drinking water supplies.. +u -. If treated wastewater is recycled and the - amount discharged to the Delta is reduced, then additional freshwater must be released to maintain Delta outflow. CCCSD Recycled Water Benefits are Seasonal Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Delta Outflow High Flow Low Flow Delta WQ fth sill Conditions LV Fill No -Fill Fill: Release Operations Maximum Landscape Irrigation Demand Irrigation Demands RW 'New Water Benefit None WW Discharge Delta Benefits maxilmum General representation — actual conditions and timing will vary L! New Demands Offer Greatest Potential for Viable Project • East County Industrial Reuse Project is currently being studied (CCWD, CCCSD, DDSD, ISD, Antioch, Pittsburg, PG &E, and Mirant) • CCCSD could potentially serve new East Cty industrial demand through exchange — CCWD serves new industry with surface water — CCCSD serves existing use in Central County with recycled water — Delta Outflow impacts are mitigated CCWD Conclusions • Current discharge of treated wastewater by CCCSD already provides beneficial use • Benefits of expanded CCCSD REW to CCWD are currently small due to Duplication of Service (ie. stranded costs) and Delta Outflow issues • Best potential use of CCCSD REW is to serve a new customer or to serve an existing CCWD customer to free up supply for an available new replacement customer 7 Staff recommends working with CCWD to.... • Add scope to East County REW study to investigate providing raw water to new Power Plant in exchange for providing REW water to existing refineries • Notify CCWD of plan to investigate siting new Power Plant on CCCSD property as an alternative to East County site • Verify water quality benefits of leaving effluent in the Delta and obtain RWQCB concurrence M Board Meeting of April 3, 2008 Announcements: Agenda Item 7.a.2) a) Vincler Communications Business and Technical Writing Class On February 27 and February 28, 2008, the District held a 2 -day business and technical writing class conducted by Vincler Communications. Twenty District employees attended, including the General Manager and Director of Administration. The class was customized to meet the needs of the District, and attendees submitted pre -work and writing samples that were critiqued by the teachers. The class evaluations unanimously rated the class as outstanding and very worthwhile. We plan to conduct at least one more such class, as well as a proof- reading and editing class for administrative support staff. b) Alhambra Valley Sewer Financing Informational Meeting The District will conduct an informational meeting for residents and property owners in the Alhambra Valley on Wednesday, April 9, 2008, from 7:00 p.m. to 9:00 p.m. The meeting will be held in the Multi -Use Room at John Swett Elementary School located at 4955 Alhambra Valley Road in Martinez. The main topics of the meeting will be the proposed reimbursement fees for direct and indirect connectors to the Alhambra Valley Trunk Sewer, and financing sewer extensions and connections under the Alhambra Valley Assessment District Program. c) Kiewit Property Update On March 20, 2008, County Quarry began accepting truckloads of clean - fill onto the District -owned Kiewit property. Located directly across from the County Quarry operation, the clean -fill operation hours are Monday through Friday from 7:00 a.m. to 4:30 p.m., and opened on Saturday or Sunday by appointment only. County Quarry expects 25 -50 trucks to arrive daily during the dry weather season. d) Vactor Update The District was notified on March 24, 2008 that the truck for the Hydrovac approved by the Board in the 2007 -2008 equipment budget was damaged in transit from the truck assembly plant at Sarnia, Ontario, Canada, to the Vactor factory in Streater, Illinois. It is our understanding that this truck was the first truck along with two others that were being transported "piggy- backed" on top of each other. Apparently, the driver's side rear axle came off the truck that was earmarked for us striking our truck and causing additional damage to the fuel tank, step, and battery box on the driver's side of the truck. Staff has demanded that a new truck be provided, the manufacturer has countered with an offer to replace all items damage with new and to give an additional year of bumper to bumper warranty on the truck. The Vactor that was recently inspected by staff members was approved in the 2006 -2007 equipment budget and is currently in Oakland having the final touches put on prior to delivery. e) Public Meeting for Walnut Creek Sewer Renovation (Phase 6) DP 5972 The District hosted a public workshop on Tuesday, March 25 from 7:00 to 8:00 pm at the Walnut Creek City Hall. There were eight residential properties represented at the meeting and the main topics discussed were expected construction impacts and lateral replacement. This is the sixth of 15 phases to renovate sewers in the residential areas of Walnut Creek. Approximately 9,100 linear feet of 6- and 8 -inch sewer lines will be replace in the Buena Vista School and Almond /Shuey areas. The sewer renovation work in the Almond /Shuey area was accelerated to coordinate with the City's paving plans for next year. The Phase 6 Renovation project is currently out to bid with the Bid Opening scheduled for April 15, 2008. f) Aeration Air Renovations, DP 7207 The Aeration Air Renovations Project will be advertised for bids on April 4 and 10, 2008. The aeration basins have experienced air leaks from the floor of the air plenum boxes for many years. District Project 6157, Aeration Air Leaks Damage Assessment, was initiated in 2002 to investigate the condition of various secondary piping systems, as well as, the condition of the air plenum boxes and floor slabs under the aeration basins. This Aeration Air Renovations Project continued the investigation into potential repair methods to improve the reliability of the in -tank air delivery system for the aeration process. Based on the outcome of last summer's demonstration projects, the repairs of all air plenum boxes will be done using a pressure grouting method. This would seal the cracking within the structure's foundation slab in addition to filling any voids in the underlying base rock to increase stability of the structure. This summer the construction project would repair 160 air plenum boxes; repair of the remaining 160 boxes is scheduled for the summer of 2009, and is being bid as an alternative. We plan to request award of this project at the May 15, 2008 Board Meeting. Engineers Construction cost estimate is $3,200,000. g) Contra Costa Green Business Program 10th Anniversary Event The event will be held on Thursday, April 24, 2008, from 5:30 to 8:30 PM at the Linsday Wildlife Museum. This is a free event. RSVPs are due by April 11, 2008. A copy of the flyer is attached. Topics to be covered by the key speakers are: Exerting Your Influence as a Green Business A Green Business Marketing Success Story Tools to Market Yourself as Green h) Staff Attendance at 2008 No -Dig Conference in Dallas, Texas Assistant Engineer, Wesley Adams will attend the 2008 No -Dig Conference in Dallas, Texas from April 27 through May 2, 2008. This specialty conference provides an opportunity to learn about the latest developments in the area of trenchless pipeline installation. Trenchless construction methods are less disruptive to the public, very cost effective and are used extensively in pipeline rehabilitation. New technologies presented at this conference will provide the District with additional tools in less disruptive pipeline renovation. Funds were included in the Fiscal Year 2007 -08 Training and Conference budget to cover the costs of attendance. Agenda Item 7.a.2) Board Meeting of April 3, 2008 Additional Announcements: i) Vactor Update Photos An update on the damage of the truck for the Hydrovac was provided in the Board's April 3, 2008 written announcements. The attached photos are for your additional reference to this item. Staff has informed the vendor that they need to supply a new vehicle. The vendor has offered a one -year extension to the vehicle warranty along with additional repairs, as shown in the attached letter. Vendor has not been paid, and discussions continue. j) Grand Jury Tour Update An update on the Grand Jury tour was provided in the Board's April 3, 2008 written announcements. A confirmation letter sent by Grand Jury Foreperson Jerry R. Holcombe is attached. k) Passing of Ken Hobbs Sadly, Plant Operator II Ken Hobbs passed away last weekend after an extended illness. The memorial service will be at 2:00 p.m. on Sunday, April 6, 2008 on the U.S.S. Hornet. Ken volunteered many hours on the U.S.S. Hornet, so they are holding a well - deserved service with full military honors. Contact Secretary of the District Elaine Boehme at 925 - 229 -7303 if you would like more information 1) California Water Environmental Association Award Collection Systems Field Superintendent Bill Echols was informed last week that the District will receive the California Water Environmental Association (CWEA) 2007 Large Collection System Award and Film Fast Award Training. The awards will be presented at the CWEA's annual conference on April 16th. Notification letters are attached. m) Control Room Modifications Project Bid Protest The District received a bid protest on the Control Room Modifications Project, DP 7253. This matter will be heard by the Board at an upcoming Board meeting. w r I o, i i t �• s P � y r � r �•! '� 9,� x a ��"� +�3 �[,�. •}:�I ..' Ri'Q f'#^,..13 Yom' Y ri -, � 6 �„�+� "";'�P'�' +_"� 1."' a" ..r,.,p'FiN.. „ vim, 's-'nr'F,,''` n, + ?; <"'�.� ti�'•� i�'k ` yyyi/ ^•7�' a �' s tr=�+ ..1 �r�*i�!�+ -: w!! � ; "�� ^ d, , �gr�a6 ~�s .a.a' •alb, •,q" r iA 1 r Mr �ii�� { � IJ:f r� w 4'Y '+ ii' �, 1 .�� :, s`.�^� w �r�� , rf •i yJy�a.+. -p /ice vi ° rr ,.`k.. it °r� ` ,�_� � '`, 'i r ! i r �'� � ' ��rf. rl �!�'", �. ±. S, rr-�"+ � ?4�'� � ieM".i".�'I.!laia*:3�'�s� .'.+i � _ e. ! x � i �Tc _ It`►' _.. _ " � (!.) _: "v . " .' • • ti r _ i '�.t s ST�RLII+><G' T R a t K a April 3 2008 Dan Rhoads C 19 l Contra Coste Place Soft" District Martinez, CA 94563 7,a,Z Mvormow PSOrlinngg Truck Corporation Glendoirs � $4-1 Phone 828-014 -8089 Fax = Se�gTrucks Starting Truck Corporation is very sorry that we sv psrienced an outer wheel bearing failure on your unit (VIN 8AAB6839) in route b Vactor for ft Installation of your body Sterling Truck Corporation agrees to the fo4bwing repair: 1. Replace battery boot and caner 2. Replace damaged b9UW 3. Replace driv W tank 4. Replace drkw-side stape 5. 8. Replace end housing Replan left side hub assembly, axle shaft and brake shoes 7. Confirm that the frame is straight and the integrity was. not compromised as a result of this beater failure. Richard Faih, SW ft Truck Corporation District Servioa Manager, has surveyed the fkilsd unit. Vft the wweption of the rear -and hcueft the damage was U.. to casuistic iiems{11ems #1 thru #4 above). Richard is conffderrt that the integrity of the frame has not been compromised. Wre VA. however, cortMn that tiro frame is straight and true per our standard confirmation procedures, Nthhe Dim trwe desires, Sterling Truck Corporation will pay fora represents"" of the District 10 wfhrress tie hears teat rsted M item W. Sterling Truck Corporation's frame warranty is 5 years 1 500000 miss and our standard base warranty Is 1 year 1 100000 miles. In support of the repairs pnndouWy listed. SNN* g Truck Corporation wS add one additional year of base warranty to this VIN at no chaega to the Dstric1 If there are any further questions, phase contact me at your convenience. Once again, we at Starting Truck Corporation are very sorry that this failure occurred. o 74 S"M Truck Corporator b 8 snbWftV d OSWPWTR10h* MM Mwflat LLC, a f MWw cap wy . Grand Jury March 20, 2008 Contra Costa County Jim Kelly General Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear Mr. Kelly, �. a, 0?-j) 725 Court Street P.O. Box 911 Martinez, CA 94553 -0091 Thank you for accepting our invitation to take part in the orientation of the 2008- 2009 Contra Costa County Grand Jury, and for being so flexible as we sought a mutually- convenient time for our field trip. This letter confirms our visit to your headquarters on June 17, from 1:30 -3:00 PM. Our group of 20 -25 will be arriving in private cars as close to the appointed hour as possible. The incoming grand jurors are looking forward to getting an overview of the Sanitary District's many services, as well as your goals, objectives and challenges. I know your visitors will be impressed with the follow -on tour. I certainly was when I had the chance to see your operation two years ago as a grand jury "trainee." We appreciate you taking time from your busy schedule to provide the group with your unique perspective. Surely, it will make them even more effective grand jurors as they begin their terms. If you have any questions about your scheduled appearance, please contact Ann Gardner, the grand jury secretary, at (925) 957 -5879, or you can reach me at (925) 938 -9137. RKHolcombe Foreperson, Contra Costa County Grand Jury 1 7.G.a.) California Water Environment Association 7677 Oakport Street, Suite 525, Oakland, CA 94621 -1935 March 19, 2008 William Echols Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear William: Congratulations on your agency being selected as CWEA's 2007 recipient of the Collection S�stem, Over 500 Miles Award. Preparations are underway to honor you at CWEA's 80 Annual Conference being held at the Sheraton Grand and Sacramento Convention Center, April 13 -16, 2008. A plaque honoring your agency as the winner of this category will be presented to you at the Awards Luncheon on Wednesday, April 16th froml2- 1:30pm. Additionally, your organization will be recognized and awarded a Certificate at the Collection System Committee breakfast meeting at CWEA's 80th Annual Conference being held at the Sheraton Grand and Sacramento Convention Center, April 15th, 2008. Once again congratulations and 1 look forward to you attending the Award Luncheon. You can register online by visiting the website at www.cwea.org or by using the conference brochure that is enclosed. Sincerely, Kathy Suter CWEA Membership & External Relations Board Chair Enclosure Protecting our water environment through education and training. Menher as5o, ial5 n of :he `Hater Env;ronmpnt Fede a!;rn C51 -�. a. a. California Water Environment Association 7577 Oakport Street, Suite 515, Oakland, CA 94621 -1935 March 26, 2008 Bill Echols ,Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear Bill: Congratulations on being selected as CWEA's 2007 recipient of the Film Fest Award — Training - Semiprofessional. Preparations are underway to honor you at CWEA's 80th Annual Conference being held at the Sheraton Grand and Sacramento Convention Center, April 13 -16, 2008. Your award will be presented to you at the Awards Luncheon on Wednesday, April16th from 12- 1:30pm. You will be recognized and awarded a Certificate at the Public Education Committee breakfast meeting at CWEA's 80'h Annual Conference being held at the Sheraton Grand and Sacramento Convention Center, April 15th, 2008. Additionally, your film, CSO Cleaning Tools, will run in a continuous loop with other film winners Monday April 14th through Wednesday April 16'h in the 2nd floor foyer of the Sheraton Grand from 8am to 5pm. Once again congratulations and I look forward to you attending the Award Luncheon. You can register online by visiting the website at www.cwea.org or by using the conference brochure that is enclosed. Sincerely, Kathy Suter CWEA Membership & External Relations Board Chair Protecting our water environment through education and training. Memi;er d�5oriatian of the Water Environment redecahor, a . z) g) You are invited to help celebrate... The First Ten Years of the Contra Costa Green Business Program Leading the Way to a Greener Future Come Celebrate! Come Network! Come Learn! Contra Costa Green Business Program 10th Anniversary Event Thursday, April 24, 2008 5:30 — 8:30 PM Lindsay Wildlife Museum 1931 First Avenue Walnut Creek, California Directions: www.wildlife - museum.org /visit /directions.php RSVP by Friday, April 11 to Contra Costa Hazardous Materials 925.646.2286 or amcmullen @hsd.cccounty.us Sponsors: PLATINUM LEVEL GOLD LEVEL SILVER LEVEL Armanino McKenna LLP Allied Waste Services B & T Bookkeeping Delta Diablo Sanitation District City of Walnut Creek Carollo Engineers East Bay Business Times InVision Communications Central Costa Costa Sanitary District PG &E Lindsay Wildlife Museum City of Pittsburg Public Works The Mechanics Bank Mt. Diablo Recycling Contra Costa Water District Fun Photo Guys Bay Area Green Business Program Environmental Values at Work 4jp�— NETWORKING & REFRESHMENTS 5:30 - 6:30 PM Eat abundant, scrumptious refreshments while networking with other leaders & checking out our green vendors! FORMAL PROGRAM 6:30 - 8:30 PM Opening Welcome - Mark DeSaulnier, California State Assembly Partnership: The Program's Strength - Harriette Heibel, H2 Solutions Premier Showing of Contra Costa Green Business Program Video Recognition of Early Green Business Leaders Keynote Speakers Exerting Your Influence as a Green Business Donald Simon, Esq., Partner, Wendel, Rosen, Black & Dean A Green Business Marketing Success Story Bruce Dean, Owner, CocoCopy in Antioch Tools to Market Yourself as Green Sonora Beam, Digital Hive Ecological Design SPEAKER BIOS DONALD SIMON Donald Simon, a partner at the Oakland law firm of Wendel, Rosen, Black & Dean, advises clients on a broad array of construction, business and litigation matters, emphasizing green building, renewable energy and climate change. He is a frequent national author, speaker and pragmatic strategist on environmental sustainability, green building and the emerging green economy. BRUCE DEAN Before opening CocoCopy Business Print Center in Antioch, Bruce Dean was a well known IT engineer, consultant and executive with some of the leaders in the computer industry, and a recognized specialist in Office Automation and Quality Systems. He is a strong proponent of combining good business management with sustainable systems and environmental responsibility. SONORA BEAM Sonora Beam is the founder and Creative Director of Digital Hive EcoLogical Design, a strategic design and marketing firm that specializes in promoting green and social businesses. She leads workshops on creativity and business internationally, and is the author of The Creative Entrepreneur, (Rockport Publishers, November 2008). She is a graduate of Dominican University's Green MBA. www.greenbiz.ca.gov 76664) Central Contra Costa Sanitary District March 27, 2008 TO: Honorable Members of the Board 19 FROM: Jim Kelly, General Manager SUBJECT: Major Code Policy Consideration At the March 6, 2008 Board Meeting, I recommended that staff and District counsel prepare a summary of major policy considerations to facilitate the Board's review of code revisions. You agreed with this recommendation. Staff and counsel have summarized the major policy considerations for Titles 6 and 11; the summary is attached for consideration. Titles 6 and 11 will be agendized for comment at the April 3rd Board Meeting. The remaining Titles, 7 and 9, are being scheduled for comment at the April 17th Board Meeting; consideration for the Overflow Protection Device is tentatively scheduled for the May 1St Board Meeting, and a memorandum summarizing the policy issues will be provided to the Board as part of the agenda packet. JMK:slc Attachment cc: Kent Alm Elaine Boehme C:\ DOCUME- 1\ ataliani \LOCALS-1 \Temp\2008 -04 -03 Major Code Change Consideration Memo.doc Summary of Policy Issues in proposed revised CCCSD Code Titles 6 and 11 Title 6 FEES AND CHARGES Chapter 6.12 Capacity Fee Program Continues the District's practice of charging a single flat capacity fee for all types of residential units. Subsection 6.12.070 D. Relocated Business Credit. This new provision allows a business owner who relocates the business within the District to request the Board of Directors to grant a credit for Capacity Fees paid for the previous location at the new location. If the business owner is a tenant at the previous location, all parties with an interest in that property (i.e., the property owner, other tenants and lien holders) must enter into a written agreement with the District concurring with the granting of the credit. The agreement is necessary since wastewater utility capacity is considered part of the asset value of the property. Chapter 6.20 Reimbursement Fees Subsection 6.20.040 A. Reimbursement fees and aareements. In the past, reimbursement accounts were governed and administered by applying the District Code without separate agreements with installers. The recommended provision would require a written agreement between the installer and the District for all reimbursement accounts. Section 6.20.200 Funds and accounts. In the past, the District communicated with installers holding reimbursement accounts only when reimbursement fees had been collected and were available for disbursement. Since this communication tended to be infrequent, finding installers was often difficult. The recommended revision would provide annual account statements for each installer. The statement would apprise them of the status of the account, and could be used to notice any change in procedures and would allow an update of contact or other account holder information. Section 6.20.230 Expiration of reimbursement fees When the Reimbursement Fee chapter of the Code was amended June 1, 1998, this section was added to require that reimbursement fees established subsequent to that date automatically expire twenty years after the date of the District's acceptance of the facilities. Currently, reimbursement fees established prior to that code amendment expire at the end of the facilities depreciation period (75 years for gravity sewers; 40 years for pumping facilities). The recommended revision would require that all reimbursement fees established prior to June 1, 1998 expire on June 1, 2018. This recommendation is likely to be opposed by installers that would be affected by the shortened "sunset" date. Section 6.20.400 Customer reimbursement of District installation costs. It is recommended that this section be added to clarify that the public interest and public safety may require that the District to install facilities for which reimbursement fees could be collected. An example is the Alhambra Valley Trunk Sewer. Chapter 6.24 Sewer Service Charges Continues the District's practice of charging a single flat rate sewer service charge for all types of residential units. Title 11. Recycled Water The Title was modified to address all uses our recycled water instead of only irrigation uses. Section 11. 10.010 Policy Statement. This section would establish the District policy, e.g. the District's policy is to promote use of recycled water and to price it to be cost competitive with other local water supplies. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 3, 2008 No.: 8.a. Engineering Type of Action: PROVIDE DIRECTION TO STAFF ON COMMUNITY CAR WASH EVENTS Subject: CONSIDER ADDITION OF A PERMIT BY RULE TO THE SOURCE CONTROL ORDINANCE, TITLE 10, TO ALLOW DISCHARGE OF COMMUNITY CAR WASH WASTEWATER TO THE SANITARY SEWER WITH NO NOTIFICATION Submitted By: Colleen Henry, Senior Source Control Inspector REVIEWED AND RECOMMENDED FOR BOARD ACTION: Initiating DeptJDiv.: Engineering /Environmental Services CINc U. - OM- 4t��A-- -&z6i C. Henry T. Potter A. Farr II K. Alm 27jim K eneral Manager ISSUE: Tightening storm water regulations within the State of California are leading Cities within the District's service area to prohibit community car wash wastewater from discharging to the storm drain system. Current District Code requires community car washes to get a Special Discharge Permit before its wastewater is discharged to the District. The Board may wish to modify the Code to reduce the burden on community car wash events that wish to discharge the waste wash water to District sewers. RECOMMENDATION: Direct staff to prepare an amendment to the Source Control Ordinance, Title 10, for Board consideration that would allow discharge from community car wash events by Permit By Rule with no required notification of District staff, unless a manhole must be used for discharge. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Alternative approaches have been included in previous reports to the Board. In summary, alternatives evaluated included: 1. Issuing Special Discharge Permits for all community car wash events that discharge to the sanitary sewer (process currently in the District Code). 2.a. Implementing a Permit By Rule that requires notification from the event organizer and a response back from the District before they proceed with the event 2.b. Implementing a Permit By Rule with simple notification from the event organizer before they proceed with the event 2.c. Implementing a Permit By Rule with no required notification of District staff NMDMINSUMADMINTOSPAPEMCar Wash DftPosPaper 4 -3 -08 aef.doc POSITION PAPER Board Meeting Date: April 3, 2008 Subject: CONSIDER ADDITION CONTROL ORDINANCE, TITLE CAR WASH WASTEWATER NOTIFICATION OF A PERMIT BY RULE TO THE SOURCE 10, TO ALLOW DISCHARGE OF COMMUNITY TO THE SANITARY SEWER WITH NO At the March 6, 2007 Board meeting, some members of the Board indicated a preference for Alternative 2.c., implementing a Permit By Rule with no required notification of District staff, except when a manhole must be used for discharge. Other Board members preferred no oversight of car wash events. Both Alternative 2.c. and no oversight would require a modification of the Source Control Ordinance. This ordinance is reviewed by the Environmental Protection Agency (EPA) during routine pretreatment program audits. Based on previous Source Control Ordinance reviews, staff believes the EPA would not accept no oversight, and might accept the Permit By Rule approach with no notification proposed in Alternative 2.c. BACKGROUND: Tightening storm water regulations within the State of California are leading Cities within the District's service area to prohibit community car wash wastewater from discharging to the storm drain system. The Cities and the County Clean Water Program have requested that the District work with them to allow discharge of waste wash water to District sewers. District staff recommends that the District facilitate the continuation of community car wash events by adding a Permit By Rule provision to the Source Control Ordinance for Alternative 2.c. Such a Code change would allow protection of the sanitary sewer system while accommodating community car wash events with no notification requirements. While staff recommends more oversight than provided by Alternative 2.c., it would set District established best management practices. Alternative 2.c. relies upon an established regulatory procedure (Permit by Rule), so it is expected to be viewed favorably by the EPA. Staff proposes Alternative 2.c. specify the following best management practices to protect public health and the sanitary sewer system: • Maximum flow rate of 25- gallons per minute to prevent sanitary sewer overflows • Prohibition of solids entering sewer (i.e. rags) to prevent sanitary sewer overflows • Use of non - corrosive chemicals /soaps to protect sanitary sewer system • Require no notification for a typical event. Event organizers would proceed with discharge to a sanitary sewer inlet, such as a floor drain or a clean -out. • If the only available discharge point was through a manhole, event organizers would need to obtain a Special Discharge Permit to protect the safety of the event participants. NAADMINSUP\HDMIN \POSPAPER \Car Wash DftPosPaper 4 -3 -08 aef.doc POSITION PAPER Board Meeting Date: April 3, 2008 subject CONSIDER ADDITION OF A PERMIT BY RULE TO THE SOURCE CONTROL ORDINANCE, TITLE 10, TO ALLOW DISCHARGE OF COMMUNITY CAR WASH WASTEWATER TO THE SANITARY SEWER WITH NO NOTIFICATION Staff is currently working with the Contra Costa Clean Water Program to develop an educational brochure to address storm water concerns associated with community car wash events. Alternatively, the Code could be changed to expressly exempt community car washes from District oversight. Based on past experience with the EPA pretreatment audits, staff does not believe the EPA would accept an exemption with no oversight. Best management policies for discharge to our system would be established by the storm water agency where the community car wash occurs. Based on Board direction, staff will prepare purposed changes to Title 10 of the District Code, which will be made as part of the current District Code update process. RECOMMENDED BOARD ACTION: Direct staff to draft a Permit By Rule section for the Source Control Ordinance, Title 10, that would allow discharge from community car wash events with no required notification of District staff, unless a manhole must be used for discharge. NAADMINSUPWDMIMPOSPAPER \Car Wash DftPosPaper 4 -3 -08 aef.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 3, 2008 No.: 8.b. Engineering Type of Action: AUTHORIZE FUNDS subject: APPROVE SUPPLEMENTAL AUTHORIZATION OF $380,000 TO THE GENERAL IMPROVEMENTS PROGRAM OF THE FISCAL YEAR 2007 -08 CAPITAL IMPROVEMENT BUDGET AND AUTHORIZE THE ALLOCATION OF $150,000 TO THE IMHOFF TRIANGLE DEVELOPMENT PROJECT (DP 8225) Submitted By: Initiating Dept. /Div.: Earlene Millier, Engineering Assistant III Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: Q E. Millier �G. Chesler C Swanson A. Farrell James M. ally General M Hager ISSUE: Approval by the Board of Directors is required for a supplemental authorization to the Fiscal Year (FY) 2007 -08 General Improvements Program budget and for allocation to the Imhoff Triangle Development project, which was not included in the Capital Improvement Budget (CIB). RECOMMENDATION: Approve a supplemental authorization of $380,000 from the Sewer Construction Fund for the General Improvements Program of the FY 2007 -08 Capital Improvement Budget (CIB), and authorize the allocation of $150,000 of the $380,000 to the Imhoff Triangle Development project. FINANCIAL IMPACTS: This approval will allow work to begin on the new project, Imhoff Triangle Development, and the supplemental authorization will allow two currently planned projects to continue. There are sufficient funds in the Sewer Construction Fund for this supplemental authorization. ALTERNATIVES /CONSIDERATIONS: If this supplemental authorization is not approved, certain work on two General Improvements Program projects will be delayed until FY 2008 -09. If the allocation to the Imhoff Triangle Development project is not approved, that project will be limited to spending only its $25,000 contingency allocation in 2007 -08. BACKGROUND: As part of the annual CIB adoption process, the Board of Directors authorizes funding levels for each of the four capital programs: Treatment Plant, Collection Systems, General Improvements, and Recycled Water. The Board authorized $3,948,000 for the General Improvements Program for FY 2007 -08, which re- authorized project carryover allocations and authorized new allocations for projects. On September 6, 2007, the Board approved a supplemental authorization of $1,900,000 to the General Improvements program. Staff is requesting another supplemental WENVRSEMPosition Papers \Millier\2008 \8225 PP Auth Funds CIB 2007 -08 & Imhoff Triangle 4- 3- 08.doc POSITION PAPER Board Meeting Date: April 3, 2008 subject APPROVE SUPPLEMENTAL AUTHORIZATION OF $380,000 TO THE GENERAL IMPROVEMENTS PROGRAM OF THE FISCAL YEAR 2007 -08 CAPITAL IMPROVEMENT BUDGET AND AUTHORIZE THE ALLOCATION OF $150,000 TO THE IMHOFF TRIANGLE DEVELOPMENT PROJECT (DP 8225) supplemental authorization in the amount of $380,000 to the General Improvements program. The increased authorization will allow allocations for the following projects: • District Easement Acquisition: Work on acquiring easements is proceeding, and an allocation of $180,000 will be used for this on -going project. This project purchases and upgrades easements primarily for Collection System Renovation Program projects for which construction is completed, and the project closed, before all of the easement work can be accomplished. • Capital Improvement Budget and Plan: This project may need an additional allocation of $50,000 before the end of 2007 -08 to manage CIB /CIP on -going work. • Imhoff Triangle Development: This project was not included in the 2007 -08 CIB, and was recommended by the Real Estate Committee at its meeting of January 30, 2008. A contingency allocation of $25,000 is allowed for projects not included in the CIB; allocations beyond this level must be approved by the Board. The project needs to allocate $150,000 to pay for CEQA services, permitting, engineering, and construction related to the rerouting or relocation of the seasonal creek bed. The Board will consider CEQA documentation and permitting requirements before the project would proceed to construction. This work will allow the property to be marketed to prospective lessees. Staff anticipates another new project in the General Improvements Program, ADA Improvements, will need to have an allocation this fiscal year. This project will come before the Board for approval and will also require a supplemental authorization to the General Improvements Program. This and other allocations for the General Improvements Program have been required because this program has relatively few projects, and therefore, a small program budget. Consequently, there is less flexibility to accommodate changes as projects evolve through a fiscal year. RECOMMENDED BOARD ACTION: Approve a supplemental authorization of $380,000 from the Sewer Construction Fund for the Fiscal Year 2007 -08 General Improvements Program, and authorize the allocation of $150,000 of the $380,000 to the Imhoff Triangle Development project (DP 8225). NAENVRSEC \Position Papers\Millier\2008 \8225 PP Auth Funds CIB 2007 -08 & Imhoff Triangle 4- 3- 08.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 3, 2008 No.: 9.a. Human Rsources Type of Action: APPROVE STAFFING PLAN subject: APPROVE STAFFING PLAN FISCAL YEAR 2008 — 2009 Submitted ay: Cathryn Freitas, Human Initiating Dept/Div.: Administration /Human Resources Manager Resources REVIEWED AND RECOMMENDED FOR BOARD ACTION. C. F itas mes M. Kel , General Manager ISSUE: The Human Resources Committee reviewed the staffing needs of the District for Fiscal Year 2008 -2009 at its March 13, 2008, meeting. Accordingly, staff is submitting the Staffing Plan for Board approval. RECOMMENDATION: Approve the Staffing Plan for Fiscal Year 2008 -2009. FINANCIAL IMPACTS: The proposed Staffing Plan would increase annual salary costs by $131,459. The Staffing Plan reviewed by the Human Resources Committee estimated the increase to be $331,139. The change is due to the co -op salaries, which were inadvertently included in salary; however, co -op salaries remain the same as last year. ALTERNATIVES /CONSIDERATIONS: Modify or reject the proposed Staffing Plan. BACKGROUND: Each department has reviewed its staffing requirements for Fiscal Year 2008 — 2009. The Staffing Plan includes departmental overviews, personnel actions taken during Fiscal Year 2007 — 2008 to -date, requested changes and their justifications, new job classification descriptions, and organizational charts reflecting proposed changes. There were 62 personnel actions during Fiscal Year 2007 — 2008. The attached summary sheet highlights the effect of each department's staffing requests on the number of total authorized positions in the District and the costs in salaries and benefits. As shown in the summary, the total number of authorized regular positions in the District will be one more than last year. Eight Co -op student positions are requested which is the same as last year. The salaries and wages in the 2008 — 2009 O & M Departmental Budgets will increase from the previous year due to cost -of- living salary adjustments and any merit and longevity increases scheduled in 2008 — 2009. Staff is recommending the salaries for Co -ops remain at $24.00 an hour. H: \BUDGET\Staffing Plan PP 2008.doc POSITION PAPER Board Meeting Date: April 3, 2008 Subject APPROVE STAFFING PLAN FISCAL YEAR 2008 -2009 District staff to meet and confer with the appropriate bargaining units on those items that are applicable prior to the Board adopting the Staffing Plan. Administration None Collection System Operations Delete one Pumping Stations Superintendent (S -80, $7,397 — $8,962) position and the job classification description, add one Field Operations Superintendent (S -80, $7,397 — $8,962) position and modify the job classification description, and reclassify Pumping Stations Superintendent Steve Considine to Field Operations Superintendent. Engineering 2. Pending further review and direction add one Engineering Support Information System Analyst (S -72, $6,111 - $7,397) position. 3. Pending further review and direction by the Human Resources Committee and Board, consider adding the Associate Engineer position to the District's Advancement series for Engineers (Staff Engineer to Assistant Engineer to Associate Engineer). Plant Operations 4. Delete one Instrument Technician (G -69, $5,664 — $6,849) position and add one Electrical Technician (G -69, $5,664 — $6,849) position. Secretary of the District None 5. Authorize the hiring of students to fill eight Co -op positions in 2008 — 2009. RECOMMENDED BOARD ACTION: Approve the Staffing Plan for Fiscal Year 2008 — 2009 herein identified by items 1 - 5. HABUDGET\Staffing Plan PP 2008.doc a N Q O G al Qy y O O V W W CD 2 N a O r2 O N QO co J O aN 0 z M LL 06 U)� A m ° V) L LO co LO v W) d R O oo 00 M c+� _ _ N N O r N m 64 v 6% 64 6% 63 613 �A V co co D N N a m LIT ~ co W pp O fl- el N tD N CC O CD � N N Q O v cp CL N N CO O O O <C N N O `p O CO N co v� — o U /) � G D O O co N Go N N +N. 0 U) d C14 04 � C rl- M 00 00 � � �o � � 64 0) w o co m M M �- CO CO d 9 H4 EA b� 4 (A (n U) to `° O to Q � Q >+ v _ _ t0 c N c U N c CL Q O N V` !4 Q w C N cn >+ U ` •L C /� vJ Li (D (D W W `3^ r cn r r cm 11. W U) co O V ya Eo �c d O d C U E U) O C E a U) co N ,� N C O Q N N O 8P �j 0 w a H Staffing Plan 2008 -2009 ADMINISTRATION DEPARTMENT Department Overview The Administration Department consists of six divisions: Accounting and Information Technology, Human Resources, Purchasing and Materials Services, Safety and Risk Management, Communication Services, and the Office of the Secretary of the District. The department currently has 47 authorized positions and 45 filled positions. It provides services to all other departments and the general public. Personnel Actions Since In August 2007, the Board adopted the new job classification April 2007 description for Safety Officer and reclassified Operations Safety Specialist Steve Laren to Safety Officer. He had been working outside his classification for several months and the new job classification description reflected his additional duties. Name /Classification II Personnel Action II Effective Date Suzette Crayton II new hire II 03/27/07 Executive Assistant Chris Carpenter promotion 04/18/07 Community Affairs Representative Kathleen Ohlman new hire 06120/07 Public Information and Production Assistant II Shari Deutsch new hire 06/25/07 Safety and Risk Management Administrator George Solivar II new hire II 08/06/07 Network Technician Steve Laren II reclassification II 08/10/07 Safety Officer Steve Laren II resignation II 08/30/07 Safety Officer Diane Hinson II new hire II 12/28/07 Safety Officer H: \BUDGET\2008 ADM Staffingmpd Requested by: Date: 77 ZooB Recommended by the General Manager: ad-??Zal 44, Le: H: \BUDGET\2003 ADM Staffing.wpd Staffing Plan 2008 -2009 COLLECTION SYSTEM OPERATIONS DEPARTMENT Department Overview The Collection System Operations Department (CSOD) is responsible for the operation and maintenance of the District's 1,500 -mile collection system and its reclaimed water distribution system. The employees of CSOD are the primary responders in the event of overflows and field emergencies, providing round - the -clock customer service. The department is also responsible for the District's vehicle and equipment fleet and mobile radio communication system. There are currently 62 authorized positions and 61 filled positions. Personnel Actions Since Name /Classification Personnel Action Effective Date March 2007 Alex Benavidez new hire 03/07/07 Maintenance Crew Member I Don Comstock personnel 03/10/07 Maintenance Crew Member II advancement Greg Collins personnel 03/13/07 Maintenance Crew Member II advancement Bob Brown service retirement 03/14/07 Maintenance Crew Leader Tim Rooney service retirement 03/30/07 Maintenance Crew Leader Leszek Szmidt personnel 03/31/07 Maintenance Crew Member II advancement Dolly Flanders personnel 05/19/07 Maintenance Coordinator II advancement Sean Sarras personnel 06/29/07 Maintenance Crew Leader advancement Hamid Tehrani personnel 06/29/07 Maintenance Crew Leader advancement H: \BUDGET\2003 ADM Staffingmpd Personnel Actions Since March 2007, Continued Name /Classification Anthony MacArthur Personnel Action Effective Date 07/09/07 trainee appointment Pumping Stations Trainee Paul Amaral new hire 07/11/07 Maintenance Crew Member I Michael Rosen new hire 07/23/07 Maintenance Crew Member I Dante Marchetti promotion 07/31/07 Maintenance Supervisor Jose Plascencia personnel 09/20/07 Maintenance Crew Leader advancement Mary Bacon 10/29/07 Maintenance Coordinator I new hire Alex Benavidez 11/29/07 Construction Equipment promotion Operator Requested Changes Delete one Pumping Stations Superintendent (S -80, $7,397 - $8,962) position and the job classification description, add one Field Operations Superintendent (S -80, $7,397 - $8,962) position and approve the modified job classification description, and reclassify Pumping Stations Superintendent Steve Considine to Field Operations Superintendent. This change will allow for greater flexibility at the superintendent level providing an opportunity for cross training and assisting with succession planning. There is no salary impact associated with this recommendation. Requested by: UV �Jw z . '� n rtc�.- Date: J Recommended by the General Manager:° H:IBUDGE112003 ADM Staffingmpd CENTRAL CONTRA COSTA SANITARY DISTRICT Effective: 10/18/05 Range: S -80 Respirator Class: 2 FIELD OPERATIONS SUPERINTENDENT DEFINITION Plan, organize, direct, control, and report on the activities of the Field Operations Section Pumping Stations Operations Section, or Technical and Fleet Services Section, as assigned; coordinate activities among the groups of the Section, within the Division, the Department, and the District. DISTINGUISHING CHARACTERISTICS The use of respiratory equipment [including self- contained breathing apparatus (S.C.B.A.)] may be required for this position. Therefore, the Field Operations Superintendent will be required to be free of facial hair that would interfere with the use of a respirator for annual fit tests and for any occasion, which requires the use of respiratory equipment to comply with the District's respiratory program and Cal /OSHA standards. SUPERVISION RECEIVED AND EXERCISED Receive general direction from the Director of Collection System Operations Division Manager. Exercise direction over supervisors within the Section and others as assigned. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Plan, organize, direct, control, and report on activities and work relating to the operation, preventive maintenance, repair and rehabilitation, and testing and inspection of the sewer collection system and reclaimed water system, as assigned. Plan, organize, direct, control, and report on activities and work relating to the operation of information systems, the maintenance and repair of vehicles and equipment, and the operation, maintenance, and repair of facilities, as assigned. Plan organize direct control and report on activities and work relating to the operation of all District pumping stations including the operation maintenance, and repair of pumps electric motors diesel and gas engines air compressors hydraulic systems, valves and associated instrumentation, as assigned. CENTRAL CONTRA COSTA SANITARY DISTRICT Field Operations Superintendent (Continued) Review and prioritize daily work assignments and work reports; adjust planning schedules as needed; advise supervisors of scheduling problems, priorities, and other concerns regarding each section's activities. Coordinate activities with other District Divisions and Departments; meet with public, public agencies, utilities, and contractors to deal with field problems; participate in meetings. Establish Section goals, objectives, schedules, and work methods; recommend and implement operating policies and procedures. Develop effective preventive maintenance programs; monitor operations and maintenance procedures and modify programs as required. Administer Section's safety program with direction from Safety Sffesiat+ststaff and Safety Committee; perform field inspections for safety conformance; direct investigations of accidents /injuries and property damage; recommend appropriate action including discipline and procedural changes. Direct and participate in a variety of personnel actions including performance evaluations, selections, dismissals, transfers, and disciplinary measures. Develop and support the Section operating budget; participate in identifying personnel and capital equipment needs; forecast of additional funds needed for vehicles, equipment, materials, and supplies; administer the approved budget; monitor and approve expenditures. Be responsible for the administration, coordination, and reporting of all pumping stations regulatory compliance matters, including the sulfide control chemical treatment oroaram. as assianed. Serve as an emergency backup to the primary on -call pumping station operator as needed. Analyze operating records and costs; prepare, maintain, and present routine reports and other special reports as requested. Serve as technical advisor to section personnel on difficult or unusual problems; direct emergency repairs. Conduct final field inspection for acceptance of new facilities, investigate quality control problems, and identify and support the need for improvement projects. 2 CENTRAL CONTRA COSTA SANITARY DISTRICT Field Operations Superintendent (Continued) Plan, develop, and participate in employee development and training programs. Perform related duties as required. MINIMUM QUALIFICATIONS Knowledge of: Methods, materials, tools, and equipment used in the maintenance of sewer collection systems, pumping stations, reclaimed water systems, vehicle and equipment, and facilities. Purposes and operating requirements of sewage pumping station facilities and equipment. Management control systems relating to planning, scheduling, workload, productivity, and material control. Use of personal computer for maintenance, administrative, and operational functions including the remote operation and monitoring of the District's pumping stations via the Supervisory Control and Data Acquisition (SCADA) system when assigned to pumping stations. Wastewater sampling and process control tests. Operating indicators, system maintenance trends, and pumping stations, collection system, and reclaimed water system construction and inspection practices. Operational characteristics of pipeline operations and maintenance. Purpose and uses of a variety of equipment and tools used in collection system, reclaimed water system, pumping stations, and vehicle and equipment maintenance. Principles of modern management, organization, supervision, training, and budgeting. Principles and techniques of fleet and equipment management. Records and computerized data management systems. K CENTRAL CONTRA COSTA SANITARY DISTRICT Field Operations Superintendent (Continued) Safety hazards and appropriate precautions applicable to work assignments, Cal /OSHA, and OSHA safety regulations. Abili to: On a continuous basis know and understand policies. Intermittently analyze, identify, interpret, problem solve, remember, and explain daily and accident reports and policies; and observe the field and personnel interaction. Sit at desk and in meetings for long periods of time on a continuous basis. Intermittently walk and stand at field sites, twist to reach equipment surrounding desk, and perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate through written means; lift or carry weight of 25 pounds or less; and occasionally lift or carry weight of 80 pounds or less: lift or carry weight of 40 pounds or less when assigned to pumping stations. May be required to communicate via mobile communication device. Plan, direct, and control the work of a large group of employees engaged in collection system maintenance work. Read, interpret, and supervise work from plans and specifications. Prepare written and oral reports, letters, and memos. Analyze operations, maintenance, and repair problems and develop sound and effective solutions and courses of action. Train and supervise assigned personnel. When assigned to pumping stations manage the operation maintenance, and repair of pumping station facilities and equipment including diesel and electrical engines pumps generators and compressors and perform skilled mechanical repair work on station equipment. Establish and maintain cooperative relationships with those contacted in the course of work. Communicate clearly and concisely, both orally and in writing. Utilize District's computer systems as needed to perform job duties. Learn and observe all appropriate safety precautions as required by the District, 4 CENTRAL CONTRA COSTA SANITARY DISTRICT Field Operations Superintendent (Continued) including but not limited to, Cal /OSHA General Industrial Safety Orders, the District's Respiratory Protection Program, and District Safety Directives. Work shift on -call weekends and holidays as assigned Special Physical Requirements: May be required to enter confined space and /or respond in an emergency. When required to wear respiratory protection equipment, must be able to wear S.C.B.A. and perform confined space entry and emergency response duties in protective clothing and equipment including S.C.B.A. weighing 32 pounds. Experience and Education: Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Experience Five years of progressively responsible experience in the maintenance, repair, and inspection of wastewater collection, pumping station and reclaimed water systems, at least two of which were in a supervisory capacity. Education Equivalent to the completion of the twelfth grade, supplemented by substantial training in related maintenance, rehabilitation, and inspection work. Licenses and Certificates: Possession of a valid California Driver's License. Licenses and Certificates: (When assigned to Field Operations Section) Possession of a valid Class A California Driver's License is desirable. Possession of a Grade III Collection System Maintenance Technologist Certificate issued by the California Water Environment Control Association. Possess ability to obtain a Grade IV certification within one year of appointment. 5 CENTRAL CONTRA COSTA SANITARY DISTRICT Field Operations Superintendent (Continued) If assigned to manage the reclaimed water system, possession of a State of California Water Distribution Certification at a Grade I level or higher. A CENTRAL CONTRA COSTA SANITARY DISTRICT Collection System Operations Department Director of Collection System Operations 1 M20 1 W. Brennan Field Operations Field Operations Superintendent Superintendent 1 SEO 1 1 Sao 1 S. Considine B. Echols Maintenance Supervisor 4 S75 4 T. Gantt Pumping Stations P. Louis Supervisor D. Marchetti 2 S73 2 S. Sauter Operations Safety L. Gonzalez Specialist S. Larsen Maintenance Crew Leader 1 S71 1 17 G65 17 D. Williams D. Bartlett R. Crouch R. Hodge R. Robinson P. Binder R. Galloway C. Johnsen S. Sarras Pumping Stations T. Butler M. Goss J. Plascencia E. Silva 1 Operator 1 /11 R. Cleland M. Gratis R. Powell H. Tehram 7 G59 -64 7 D. Turk D. Freitas III* Construction S. Grubka II Equipment Operator C. Haisley II 4 G62 4 T. Hammett II A. Benavidez C. Keith G. Palmer II T. Corum L. Hernandez R. Sawyer III* LEGEND N. Steiner I Maintenance Crew Member 1 /11 16 G53 -59 15 New Staffing Plan July 2008 P. Amaral I G. Collins II A. MacArthur I` R. Salva II Change 62 Authorized Positions (left) C. Aughtry I D. Comstock 11 S. Maciel I L. Szmidt II 61 Filled Positions (right) S, Bitle II A. Harbaugh I D. Quintero II J. Walsh II Delete ' Filled with Operator III at G68 W. Brooks II K. Kirby I M. Rosen I Vacant ' Serving as a Pumping Stations Opr. Trainee Administrative Secretary 1 S60 1 Maintenance Coordinator 1 /II 2 G47 -51 2 M. Bacon I D. Flanders 11 Field Operations Superintendent 1 S80 1 Vehicle & Equip. Maint. Supervisor 1 S73 1 Vehicle & Equip. Mechanic 2 G62 2 Vehicle & Equip. Service Worker 1 G45 1 N. Wright Staffing Plan 2008 -2009 ENGINEERING DEPARTMENT Department Overview The Engineering Department is organized into two divisions — the Capital Projects Division reflecting the "traditional' engineering services of project design and construction management; and the Environmental Services Division providing the functions of household hazardous waste, inspection, recycled water, record keeping, permits and regulations, rates, and customer services. The department has 82 authorized positions of which 76 are filled. Personnel Actions Since In December 2007, the Board approved adding one Secretary III January 2007 position in the Environmental Services Division /Source Control Section to support critical new programs. Name /Classification 11 Personnel Action 11 Effective Date James Kong (I personnel II 01/10/07 Assistant Engineer advancement Loren Staggs personnel 01/17/07 Household Hazardous Waste advancement Technician II Michael Penny (I lateral transfer (I 01/18/07 Associate Engineer Alan Weer I) personnel I) 01/24/07 Assistant Engineer advancement Jackie Zayac service retirement 03/09/07 Community Affairs Representative Jesse Folks new hire 04/27/07 Sr. Household Hazardous Waste Technician Heath Culbreath II new hire II 04/30/07 Senior Engineering Assistant Raffi Moughamian II personnel II 05/03/07 Assistant Engineer advancement Zahra Sedaghatpour II resignation II 05/11/07 Source Control Inspector 1 Personnel Actions Since January 2007, Continued Name /Classification Heath Culbreath Personnel Action Effective Date resignation 05/15/07 Senior Engineering Assistant George Harrington new hire 05/16/07 Senior Engineering Assistant Amy Hernandez promotion 06/18/07 Senior Engineering Assistant Stephanie Gronlund new hire 07/18/07 Associate Engineer James Olympia promotion 08/06/07 Source Control Inspector I Pat Camorongan promotion 08/23/07 Engineering Assistant III James Kong resignation 09/28/07 Assistant Engineer Steve Cavin termination 01/07/08 Household Hazardous Waste Technician II Marie Pettersen lateral transfer 01/16/08 Secretary III Kiley Kinnon termination 01/23/08 Source Control Inspector II Georgiana McClease resignation 01/23/08 Administrative Secretary Mark Wenslawski new hire 01/31/08 Staff Engineer Requested Changes Engineering Support Group in Capital Project Division — Add one Engineering Support Information System Analyst (S -72, $6,111- $7,397) position. Due to increasing demand for geographic data, a second Engineering Support Information System Analyst position is requested. This position will act as project coordinator for the new Geographical Data Integration (GDI) system for the treatment plant and pumping stations; creating a field version for the existing collection system GDI; and a simplified version of GDI for the new external website. In addition, this position will be responsible for upgrading and maintaining on -going databases. This position will improve customer service and reduce labor costs by expanding and improving data access. Engineering Career Path — Over the last eight years staff has implemented a Staff Engineer development program to address the lack of qualified candidates. This program has attracted 12 new hires and two more are being recruited. Eleven of the twelve recruits remain at the District with eight advancing to Assistant Engineer positions through personnel advancements and one promoting to the Associate Engineer through an open /promotional recruitment. Many of the Assistant Engineers are registered engineers and are ready to promote to an Associate Engineer position but currently, this can only occur if there is an open position. Due to the shortage of engineers, this pool of extremely productive and marketable engineers is a target for aggressive recruitment from other agencies and consultants. The District has made a significant investment in these engineers, and in an effort to retain this talent, staff proposes adding the Associate Engineer position to the District's Personnel Advancement Policy and Procedures (Staff Engineer to Assistant Engineer to Associate Engineer). This change would recognize the Assistant Engineer's professional development, providing additional challenges and compensation. Delta Diablo Sanitation District and Union Sanitary District have adopted similar retention programs. This program would also help in attracting new recruits. The key components of the program would be: • Possession of Professional Registration • Five years of experience at the District (advanced engineering degree counts for 1 year) • Recommendation of Supervisor • Good performance evaluations • Passing a comprehensive examination Individuals meeting the above criteria would advance to Associate Engineer. The annual cost (salary only) of such a program, assuming all Assistant Engineers became Associate Engineers is approximately $112,000 per year. Requested by: Date: 0-20-09' Recommended by the General Manager:• 3 CENTRAL CONTRA COSTA SANITARY DISTRICT Engineering Department - Capital Projects Division Director of Engineering M20 A. Farrell Capital Projects Division Manager 1 M24 1 Land Surveyor Engineering 5uppor Supervisor 1 S76 1 1 S76 1 E. Chariton B. Clement Engineering Support Assistant Info. Sys. Analyst Land Surveyor 2 S72 1 3 G71 3 D. Drewes K. Collins Vacant Engineering T. Phillips Technician 1 /11 K. Weir Staffing Plan July 2008 )IQ 42 Authorized Positions (left) 37 Filled Positions (right) * Filled with Staff Engineer ** Filled with Associate Engineer 4 G54 -62 4 G. Anastasi- Rowlani M. Bradshaw It A. Schwitters II L. Zou II Engineering Technician III 3 G66 2 C. VonStetten M. Wall Vacant Senior Engineer 1 S83 1 A. Antkowiak Associate Engineer 3 S79 3 D.Lawson T. Godsey S. Mestetsky Assistant Engineer 3 S73 3 ams N. Morales E. Lopez Senior Engineer 1 S83 1 A. Rozul Associate Engineer 2 S79 2 usam P. Seitz Assistant Engineer 2 S73 2 N. Molina M. Wenslawski LEGEND New Change ® Delete Sr. Engineering Assistant 2 G72 2 D. Baldi A. Hernandez 2 of 2 Principal Engineer 1 S87 1 Senior Engineer 1 S83 1 Associate Engineer 2 S79 2 a un e C. Mizutani Assistant Engineer Sr. Engineering 4 S73 3 Assistant D. Hefflefinger* 1 G72 1 N. Hodges W. Griffiths C. Shima Vacant Administrative Secretary 1 S60 0 Vacant Secretary III 2 G52 2 C. Bradley J. Freier Secretary 1 /II 1 G45-49 0 Vacant Staffing Plan 2008 -2009 PLANT OPERATIONS DEPARTMENT Department Overview The Plant Operations Department is organized into eight divisions: Administration, Laboratory, Regulatory, Control Systems, Maintenance, Operations, Process Control, and Maintenance Engineering. The department currently has 88 authorized positions and 82 filled positions. The department's mission is to treat wastewater in an environmentally sound and cost - effective manner, and to produce and distribute high - quality recycled water. The success of plant operations is critical to the District accomplishing its basic function of protecting public health. Personnel Actions Since Name /Classification Personnel Action Effective Date March 2007 Roy Manes personnel 03/16/07 Senior Plant Operator advancement Philip Huntsman service retirement 03/16/07 Shift Supervisor Steve Dominguez resignation 04/25/07 Shift Supervisor Dave Reindl promotion 04/26/07 Senior Engineer Frank Favalora promotion 05/24/07 Shift Supervisor Larry Shepardson promotion 05/24/07 Shift Supervisor Garland Harris promotion 07/05/07 Plant Operator I Robert Maroon trainee 07/09/07 Plant Operator Trainee appointment Mark Lafferty terminated 09/14/07 Maintenance Technician III, Mechanical George Fowler service retirement 09/19/097 Shift Supervisor Michael Tarantino personnel 11/19/07 Senior Plant Operator advancement Personnel Actions Since March 2007, Continued Name /Classification Personnel Action Effective Date Pete Trapp personnel 11/19/07 Senior Plant Operator advancement Thomas Ford new hire 11/28/07 Maintenance Technician III, Mechanical Wayne Rebstock personnel 12/21/07 Plant Operator III advancement Johnnie Levingston personnel 01/02/08 Plant Operator II advancement Phil Snyder service retirement 01/04/08 Senior Chemist Requested Changes Delete one Instrument Technician (G69, $5,664 - $6,849) position and add one Electrical Technician (G69, $5,664 - $6,849) position. In order to ensure reliable pumping stations operations, one of the treatment plant's Electrical Technicians is assigned to perform preventive maintenance at the pumping stations, as well as, troubleshoot and repair problems. The amount of time necessary to address pumping stations needs has increased due to aging equipment and the maintenance requirements of the newer, more complex equipment, i.e., variable- frequency drives. More than 50 percent of an Electrical Technician's time is devoted to this work. In addition, one Electrical Technician was reclassified to Maintenance Planner and more than half of his time is spent planning and working with Engineering staff on design, construction, and inspection of electrical projects. He also continues to do some of the more complex electrical work in the treatment plant. A temporary electrician was used most of fiscal year 2007 — 2008 in order to meet the electrical backlog. An additional Electrical Technician is requested to meet the expanding electrical needs of the treatment plant and pumping stations, as well as, maintain an acceptable work backlog. Requested by: Date: 17 n g Recommended by the General Manager: � 2 ! � )� ( e CL ; ■ !D r .m §r �� ° �� _ 2 k) -2 }o \ /�j 0 \ 8 (4) 2 ƒj E-LI�o - � §0 .c co � %E £CLk |E�■ §;22 §6i 2i «U) 2 ID `) Ix ® a§ §\ £a �E a� �2 u� -i :9um /& Ifa« k� |E� ■ 'A! { $ 23 7 �)mk g �cc 7!$& 2 §■ °$� o » [ $ / \ �e § § §k § j ■ S o » q 7 v \ § 0 _ ƒJ > $ U _ , 2 # ' « ; § ° )E N�u _ )) LL9)� £t �oD> 2 Damao o §w� e � \\� /� $® B# e��% ))0) ki _2c o �) ))Rk C - # of I$ �■ a)oa� �D 04 §§ §)) N 2/ )) LL9)� £t �oD> 2 Damao o §w� e � \\� /� / \,w x ki _2c o �) C - # §)) a 2' CL _/ - \\ U) CO -OP STUDENTS STAFFING PLAN REQUESTS 2008 —2009 DEPARTMENT /DIVISION /SECTION NUMBER OF POSITIONS FY 2007 -2008 NUMBER OF POSITIONS 07/08 -12/08 NUMBER OF POSITIONS 01/09-06/09 PLANT OPERATIONS DEPARTMENT Plant Operations Division Laboratory Section 1 1 1 Maintenance Engineering /Regulatory 0 1 1 ENGINEERING DEPARTMENT Capital Projects Division Design /Construction Groups 3 3 3 (1 student from DVC Cooperative Work Experience Education) Environmental Services Division Planning Section 2 2 2 Development Services 1 1 1 TOTAL 8 8 8 COOP 08 -09.rtf Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 3, 2008 No.: 9.b. Human Resources Type of Action: HUMAN RESOURCES Subject: AUTHORIZATION TO HIRE SEASONAL EMPLOYEES Submitted By: Cathryn Freitas, Initiating DeptJDiv.: Human Resources Manager Administration /Human Resources REVIEWED AND RECOMMENDED FOR BOARD ACTION: O C. Freitas R/Muwfaves 7ArnesM. Ke , General Manager ISSUE: District staff has assessed its needs for seasonal employees in 2008. RECOMMENDATION: Authorize the hiring of thirty -three students for seasonal employment. FINANCIAL IMPACTS: The proposed seasonal staffing will cost approximately $362,180. ALTERNATIVES /CONSIDERATIONS: Authorize hiring fewer students for seasonal employment. BACKGROUND: Each year, the District hires students during the summer months for seasonal maintenance, vacation relief, cleanup, and special projects; and during the school year or semester breaks for additional assistance. Authorization was given for thirty student positions last year. Authorization is requested for thirty -three seasonal positions in Fiscal Year 2008 -2009. It is recommended that the hourly rates for seasonal employees remain the same as last year: Student Positions Clerical Laborer Technical /Professional Proposed Salary* $13.00 $15.00 $18.00 "For every year a student returns, add $1.00 per hour to a maximum of three additional summers. For example, a student clerical who has worked here for the past two summers would receive $15.00 per hour this summer. The extra dollar an hour recognizes the experience and serves as an incentive for returning students. C: \Documents and Settings \dreitas\My Documents \SEASONAL HELP 2008 PP.doc Created on 2/8/2008 3:06 PM POSITION PAPER Board Meeting Date: April 3, 2008 subject. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES The Staffing Plan was reviewed and recommended by the Human Resources Committee at their March 13, 2008, meeting. Department Directors will be prepared to answer any questions regarding the following requests: Administration The Administration Department is requesting two summer student positions in 2008- 2009. This is the same number as last year. One position is located in Communication Services for technical support and the other will work for Safety and Risk Management locating and organizing District keys and providing clerical support. Collection System Operations The Collection System Operations Department is requesting two laborers at the Pumping Stations and two laborers to assist the Construction and Locating Sections. This is two fewer positions then last year. Engineering The Engineering Department requests authorization to hire eleven engineering assistant summer student positions. This is five more than last year's request. Three positions will be assigned to the District's Environmental Services Division assisting in development services and collection system piping inventory and database work. Three positions will be assigned to the Capital Projects Division. Two of these positions will be assigned to the Collection System program and one to the Treatment Plant program. They will be assisting with design and construction projects. The other five positions are current spring co -ops that will continue through the summer in their present positions. Plant Operations The Plant Operations Department is requesting fifteen students this year, which is the same number of positions as last year's request. Six of the summer student laborer positions will provide vacation coverage in Buildings and Grounds and do seasonal maintenance. The Plant is also requesting two relief positions in the Laboratory, one Electrical Shop assistant, one clerical, one engineering assistant, one laborer to assist the Mechanical Maintenance staff, one laborer to assist the Machine Shop staff, and two web information assistants to help build the Plant Operations Department's information site on the District's Intranet. The Secretary of the District The Secretary of the District is requesting one student to assist with records management, large projects, switchboard backup, and vacation relief. CADocuments and SettingsWreitaMy Documents \SEASONAL HELP 2008 PP.doc POSITION PAPER Board Meeting Date: April 3, 2008 subject. AUTHORIZATION TO HIRE SEASONAL EMPLOYEES RECOMMENDED BOARD ACTION: Authorize the hiring of thirty -three students for seasonal employment. CADocuments and SettingsWreitasNy Documents \SEASONAL HELP 2008 PP.doc