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HomeMy WebLinkAbout11/19/2009 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 19, 2009 No.: 3.c. Consent Calendar Type of Action: APPROVE PROGRAM EXPANSION; AUTHORIZE AGREEMENT subject: APPROVE EXPANSION OF THE PHARMACEUTICAL COLLECTION PROGRAM AND AUTHORIZE THE.GENERAL MANAGER TO EXECUTE MEMORANDA OF UNDERSTANDING WITH THE CITY OF PLEASANT HILL, AND CITY OF SAN RAMON FOR A PHARMACEUTICAL COLLECTION PROGRAM Submitted By: Initiating DeptJDiv.: David Wyatt, HHW Supervisor Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: Wyatt C. Swanson A. Farrell mes M. Ily eneral M Hager ISSUE: The Board of Directors' approval is requested to approve the expansion of the Pharmaceutical Collection Program and authorize the General Manager to execute memoranda of understanding (MOU) with the City of Pleasant Hill, and City of San Ramon to be a partner in the District's Pharmaceutical Collection Program. RECOMMENDATION: Approve expansion of the Pharmaceutical Collection Program and authorize the General Manager to execute MOU with the City of Pleasant Hill, and City of San Ramon, to be a part of the District's Pharmaceutical Collection. Program. FINANCIAL IMPACTS: The annual operating cost per pharmaceutical collection site is estimated to average between $6,000 and $8,000. The annual operating cost is estimated to be $66,000 to $84,000 annually for the current three sites and seven expansion collection sites. These costs include waste disposal, outreach, and some administrative costs. ALTERNATIVES /CONSIDERATIONS: Alternatives would be to not expand and continue with the current eight collection sites in Clayton, Danville, Martinez (3), Moraga, Orinda and Walnut Creek or consider other types of pharmaceutical collection alternatives. BACKGROUND For the past nine months, the Contra Costa County Office of the Sheriff, City of Walnut Creek, and the District have been operating the Pharmaceutical Collection Program. Residents drop off unwanted pharmaceuticals in secure collection bins located at the Walnut Creek City Hall, Sheriff Field Operations Bureau and County Hospital. On July 16, 2009, the Board approved continuing the Walnut Creek pharmaceutical collection program on a permanent basis. At this meeting, staff advised the Board that other cities have inquired about having collection programs in their communities. N: \ENVRSEC \Position Papers \Wyatt\2009 \PP Expand Pharm Coll Program 11- 19- 09.doc POSITION PAPER Board Meeting Date: November 19, 2009 Subject. APPROVE EXPANSION OF THE PHARMACEUTICAL COLLECTION PROGRAM AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE MEMORANDA OF UNDERSTANDING WITH THE CITY OF PLEASANT HILL, AND CITY OF SAN RAMON FOR A'PHARMACEUTICAL COLLECTION PROGRAM Letters of interest were sent to cities that are not currently participating in the program. So far staff has received responses from seven cities (Clayton, Danville, Martinez, Moraga, Orinda, Pleasant Hill, and San Ramon) asking fora collection program in their city. The letter explained, as with the Sheriff and Walnut Creek sites, that their city's law enforcement group would be responsible for the collection and management of the unwanted pharmaceuticals until they are picked up for disposal. Collection containers would be purchased by the Central Contra Costa Solid Waste Authority (CCCSWA), Allied Waste, and Concord Disposal. The District would be responsible for disposal of the unwanted pharmaceuticals. The Board approved expansion of the program on October 15, 2009, and authorized the General Manager to execute MOUs with the City of Clayton, City of Concord, Town of Danville, City of Martinez, Town of Moraga, and the City of Orinda to be a partner in the District's Pharmaceutical Collection Program. The HHW Committee considered expansion of the Pharmaceutical Collection Program to other cities in the District service area on August 24, 2009. The HHW Committee recommended that the collection program be expanded to any interested city. RECOMMENDED BOARD ACTION: Approve expansion of the Pharmaceutical Collection Program and authorize the General Manager to execute MOU with the City of Pleasant Hill and the City of San Ramon to be a partner in the District's Pharmaceutical Collection Program. NAENVRSEC \Position Papers \Wyatt\2009 \PP Expand Pharm Coll Program 11- 19- 09.doc Central Contra Costa Sanitary District Xja ' BOARD OF DIRECTORS LOOM POSITION PAPER Board Meeting Date: November 19, 2009 No.: 3.d. Consent Calendar Type of Action: ADOPT RESOLUTION Subject: RESOLUTION SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER, AND DELETING CERTAIN PRIOR RESOLUTIONS Submitted By: Elaine R. Boehme Initiating Dept ✓Div.: Administration Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: ehme . Alm James Kelly, General Manager ISSUE: Clarification and consolidation of General Manager authority is recommended for accuracy and ease of reference. Obsolete and outdated resolutions setting forth prior General Manager authority can be rescinded and General Manager authority consolidated into one resolution. RECOMMENDATION: Adopt a Master Resolution (attached) rescinding obsolete resolutions and setting forth current General Manager authority. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: The Board may decide it does not wish to adopt an updated resolution, or may wish to change current General Manager authority. BACKGROUND: Over the past thirty years, various resolutions have been adopted authorizing prior General Managers to perform certain actions and providing certain levels of authority. A list of the enabling documents is attached, with the recommended action in red. Several of these resolutions are now obsolete, and these are recommended for rescission. For the most part, this master resolution merely consolidates the nine resolutions recommended for rescission, and references other source documents. However, there have been three relatively small changes in the law and one proposed addition to clarify the General Manager's authority. A summary of these follows: 1. In 1998, an amendment to Public Contract Code Section 20803 increased the threshold at which District projects must be competitively bid from $10,000 to $15,000. Page 1 of 3 POSITION PAPER Board Meeting Date: November 19, 2009 Subject. RESOLUTION SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER, AND DELETING CERTAIN PRIOR RESOLUTIONS This change has been incorporated into Section 2.a. of the Master Resolution. 2. The Board of Directors is required to meet within seven days of the Declaration of the Local Emergency, rather than the fourteen days set forth in Resolution 95 -077. This change has been incorporated into Section 3.c. of the Master Resolution. 3. Government Code Section 935.4 now allows the Board to delegate settlement authority up to $50,000. Previously, the statute allowed delegation of settlement authority only up to $25,000. This change has not been incorporated in the Master Resolution as the General Manager feels that $25,000 is sufficient authority at this time. 4. A recent review of the current Authorization for Easements Acquisition (Resolution 96 -140) led staff to conclude that the General Manager does not have clear authority to obtain rights of entry, approve restoration agreements, encroachment permits and similar agreements that are necessary to carry out the District's business. This authority is proposed to be included in Section 4.b. of the Master Resolution. Consolidation of the authorizing resolutions into one document will enable the Board and staff to quickly identify the General Manager's authority, rather than having to search through many separate documents. It will also make it easier to keep the document current. General Manager authority is also contained in the District Code (attached), Chapter 3 of the District's Purchasing Policies and Procedures (attached) and the Capital Improvement Budget (attached). These have also been referenced in the Master Resolution. Page 2 of 3 POSITION PAPER Board Meeting Date: November 19, 2009 Subject RESOLUTION SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER, AND DELETING CERTAIN PRIOR RESOLUTIONS The Budget and Finance Committee reviewed this issue at its November 2, 2009 meeting and recommended Board approval. To be adopted, this resolution must be passed by a four - fifths vote of the Board of Directors. RECOMMENDED BOARD ACTION: Adopt a resolution consolidating General Manager authority as recommended and rescinding prior.Resolutions 77 -220, 86 -017, 96 -107, 96 -140, 98 -069, 99 -025, 99 -0305 2001 -154, and 2005 -057. Page 3 of 3 RESOLUTION NO. 2009 -XXX A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT SETTING FORTH AND DELEGATING CERTAIN AUTHORITIES TO THE GENERAL MANAGER WHEREAS, the proper functioning of the Central Contra Costa Sanitary District ( "District') requires that the General Manager and his or her staff have adequate authority to carry out both the routine and reoccurring functions as well as the emergency functions of the District; and WHEREAS, in past years the Board of Directors has provided for delegation of certain authority to prior General Managers and staff to carry out a variety of necessary functions of the District; and WHEREAS, the Board has also provided and continues to provide both delegation of authority and limitations on staff authority through the approval and adoption of certain other documents, such as the District Purchasing Policy and the Capital Budget; and WHEREAS, adopting a new resolution which provides for a consolidation of the delegation authorized in prior resolutions and other documents will clarify the authority of the General Manager and his or her designee and help to ensure the efficient operation of the District. THEREFORE, the Board of Directors of the District hereby resolves that the General Manager and his or her designee shall have the authority to carry out the functions of the District as follows: Section 1: General Authorization - The General Manager is authorized to execute all deeds, contracts, warrants, releases, receipts and similar documents for and on behalf of the District in accordance with California Health and Safety Code Section 6487, including all documents prepared and circulated as part of the public competitive bidding process, with the exception of financial transactions as set forth in Government Code Section 53995. Section 2: Emergency Power Authorization a. Pursuant to Public Contract Code Section 22050(b)(1), the Board delegates its power to the General Manager to take any directly - related and immediate action required by an emergency, as defined in Public Contract Code Section 1102, and to procure the necessary equipment, services, and supplies for those purposes, when the expenditures exceed $15,000, without giving notice for bids to let contracts. b. In the event of an emergency, as defined, the General Manager shall report to the District Board not later than seven (7) days after the action, or at its regularly scheduled meeting if that meeting will not occur later than fourteen (14) days after the action, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. C. In the event of an emergency, as defined, the District Board shall initially review the emergency action not later than seven days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths (4/5) vote, that there is a need to continue the emergency action, unless the General Manager has terminated that action prior to the District Board's review of that action. d. Upon its review of the emergency action, the District Board shall terminate that action at the earliest possible date that conditions warrant so that the remainder of the emergency action necessitated by the emergency may be completed by giving notice for bids to let contracts. Section 3: District Emergency Operations Plan The General Manager is designated as the Director of Emergency Services and has the authority set forth in Resolution 95 -077, as modified below. a. Under emergency conditions in which immediate action must be taken to protect lives and property, respond to emergencies, and to restore essential services for the public health and safety, the Director of Emergency Services may proclaim a Local Emergency and activate the District's Emergency Operations Plan. b. Under the activation of the Emergency Operations Plan, the Director of Emergency Services will direct and manage all emergency operations and make decisions to allocate resources and expend funds as necessary to meet the needs of the emergency. C. The Board of Directors shall meet within seven (7) days of the Declaration of the Local Emergency to proclaim by official Board resolution the Local Emergency and authorize continued emergency operations and recovery actions. d. The Declaration of the Local Emergency shall remain in effect for fourteen (14) days from the date of the Board Resolution, unless terminated by the Director of Emergency Services and the Board of Directors or extended by the Director of Emergency Services and the Board of Directors. e. The Director of Emergency Services shall be authorized to make minor modifications to the District Emergency Operations Plan as required to meet changing circumstances and regulations. Section 4: Authorization for Easements Acquisitions a. The General Manager is authorized to purchase easements and offers of dedication in favor of the District and prepare the documentation as may be required for recording the property rights with the County Recorder's Office, and E to take other such action as may be required to implement the purposes of the District in acquiring said easements and offers of dedication. b. The Board shall retain the sole power to accept by resolution, any and all easements and offers of dedication received by the District. After acceptance of an easement or dedication by the Board, the General Manager shall have the authority to record said easements and offers of dedications for purposes of giving notice to subsequent property owners. The General Manager is authorized to purchase or otherwise obtain rights of entry, approve restoration agreements, encroachment permits and similar agreements affecting access to or use of real property deemed necessary or prudent for the carrying out of District activities. C. The funding for the purchase of easements, offers of dedication and similar rights of entry-type agreements delegated to the General Manager will be included in the District's Capital Improvement Budget, which the District Board approves each year. Section 5: Authorization for Use of Small Claims Court a. The General Manager is authorized to file suit in Small Claims Court without additional specific authorization by the District Board to pursue civil remedies against persons or entities for claims within the general subject matter areas enumerated below and where the amount of the District's claim (amount in controversy) does not exceed the monetary limits of the jurisdiction of California Small Claims Court. This power includes the power to seek judgments and any other remedies available within the jurisdiction of Small Claims Court, and to take other administrative actions necessary to pursue appropriate remedies in Small Claims Court, including appearing on behalf of the District. 1. Failure to obtain a District permit or violation of any District permit condition; 2. Failure to perform work in conformance with the District's Standard Specifications, either on District facilities or facilities which are or will be connected to the District sewerage system; 3. Failure to comply with inspection requirements of the District with regard to either private or public sewer facilities; 4. Failure to timely pay fees, lease payments, and charges of the District, including penalties and interest that may accrue as a result of the delinquent payments; 5. Damage to, or obstruction of, District facilities, equipment, or property; or 6. Violation of the District Code or failure to comply with any other lawful resolution or order of the District Board of Directors. Section 6: Claims Settlement Authority - Pursuant to Government Code Section 935.4, the Board delegates the authority to the General Manager to allow, compromise or settle claims against the District not exceeding $25,000 with the understanding that 3 settlements between $10,000 and $25,000 would be reported to the District Board as information items at a following District Board meeting. Section 7: Execution of Joint Powers Agreements — The General Manager is authorized to execute Joint Powers Agreements with cities, counties, special districts and other government entities relating to Board - approved construction projects, such as paving or landscaping, where the funds exchanged in the agreement do not exceed $50,000. Section 8: Additional Delegations and Limitations on Authority - The General Manager has the authorizations set forth in the most recent Capital Improvement Budget (approved by the Board each year), the authorizations set forth in Chapter 3, "Approvals and Authorizations" of the District's Purchasing Policies and Procedures (adopted by the Board), and the authorizations set forth in District Code 2.08.030 to execute all contracts, warrants, releases, receipts, and similar documents for and on behalf of the District in accordance with California Health and Safety Code Section 6487, and such authority is incorporated herein by reference. Section 9: Rescission of Prior Resolutions - As of the effective date of this resolution the existing District Resolutions are rescinded: 77 -220, 86 -017, 96 -107, 96 -140, 98 -069, 99 -025, 99 -030, 2001 -154 and 2005 -057. Passed and Adopted this _ day of , 2009, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District C I O ID 7 O N m a N . a ¢ m - N C m N 3 N 3 C z _d E c v 0 C rrC F «« . � • a m Y O O C T -o E p m a E 00 C CC c N .'L” — N O O" h m 9 x _ 6 0 0aa m 0a G mm 0 5 a U o 2m � 0 ❑ w m m °0 rn V m c m . o U c o ca r a�0 ` �o r ce � m E m C E y m C no m m _ C C L L 0 0 m C> U a c `'O U c ` E`m C « v m v `m m c 3 m m m ° m ; « v C w 5 , m C —�.m - m . .0 c m • m m 1y m � N p p G G C U m O O U ° v°pimm ; = C m C ! 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Such written notice may also be dispensed with as to a Director who is actually present at the meeting at the time it convenes. (Ord. 253 § 1(Exh.A (part)), 2008: prior code § 2 -204) 2.04.080 Order of business. A. The order of business of the Board of Directors meetings shall be established by a resolution of the Board of Directors and may be changed from time to time by additional resolutions. B. Business headings under which there is no business to be considered at a particular meeting may not appear on the agenda for that meeting. C. The Board of Directors may at any meeting, consider any item of business out of order. (Ord. 253 § 1(Exh. A(part)), 2008: Ord. 143, 1980: prior code § 2 -205) Chapter 2.08 GENERAL MANAGER Sections: 2.08.010 Chief executive officer. _... - - - -- -.__._...------ - -- 2.08.020 Ap op intment and qualifications of General Manager. 2.08.010-Authority-and responsibility, 2.08.040 Duties. 2.08 050 General Manager may employ assistants. 2.08.010 Chief executive officer. There is created the office of General Manager. The General Manager is the chief executive officer of the District. (Ord. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 2(part), 2002; prior code § 3 -201) 2.08.020 Appointment and qualifications of General Manager. The Board shall appoint the General Manager. The General Manager shall have a bachelor's degree from an accredited college or university with major work in business or public administration, engineering or a related field. (Ord. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 1part), 2002: prior code § 3 -202) 2.08.030 Authority and responsibility. The General Manager of the District has the administrative authority and responsibility for the operation of the District and the enforcement of all District rules and regulations, including authority to execute all contracts, warrants, releases, receipts, and similar documents for and on behalf of the District in accordance with California Health and Safety Code Section 6487. (Ord. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 1(part), 2002: prior code § 3 -203) 2.08.040 Duties. The General Manager shall: http: / /Iibrary2.municode.com /default- test/DocView /16258/l/6 9/14/2009 Title 2 ADMINISTRATION Fage 4 of I A. Establish departments and organize the functions of the District; B. Recommend rules and regulations for adoption, including specifications and requirements controlling the construction, repair, maintenance and operation of sewage systems, recycled water systems and Household Hazardous Waste Collection Facility; C. Collect fees and charges, issue permits and maintain records of all transactions. (Ord. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 1(part), 2002: prior code § 3 -204) 2.08.050 General Manager may employ assistants. Upon approval of the Board of Directors, the General Manager may appoint assistants. Each appointment shall be made in accordance with the employment'procedures specified in Title 4 of this code. The General Manager may delegate authority to said assistants. . (Ord. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 1(part), 2002: prior code § 3 -205) Chapter 2.12 SECRETARY OF THE DISTRICT Sections: 2.12.010 Secretes of the District. 2 12 020 Appointment and qualifications of the Secretary of the District. 2 12 030 Authority nd responsibility. 2.12.040 Duties. 2.12.010 Secretary of the District. There is created the office of the Secretary of the District. The Secretary of the District acts as staff to the Board of Directors. (Ord. 253 § 1(Exh. A(part)), 2008) 2.12.020 Appointment and qualifications of the Secretary of the District. The Board of Directors shall appoint the Secretary of the District. The Board shall establish the qualifications of the Secretary of the District and the method of selection. (Ord. 253 § 1(Exh. A(part)), 2008) 2.12.030 Authority and responsibility. The Secretary of the District reports to the Board of Directors and shall serve as Secretary of the District within the meaning of the California Health and Safety Code. (Ord. 253 § 1(Exh. A(part)), 2008) 2.12.040 Duties. The Secretary of the District shall: A. Make independent decisions as necessary to implement Board requests, decisions, and official http:// Iibrary2. municode .com/default- test/DocView /16258/1/6 9/14/2009 3.1 Purpose To define authority for signing requisitions, agreements, contracts, invoices, change orders and other such documents.` 3.2 Policy All signature authority_ must be 'delegated in writing and approved: by the Department Director, the District's Controller'and the General Manager 3.1 General Re' Widments Designated District- employees- have been` delegated = 'approval authority for specified. District documents within stipulated maximum limits. The delegated authority is subject to the scope of authority defined by the Board of Directors or the General Manager. Those documents'include, but'are not limitedto a. Contractor Progress Payments,= b. Contracts and Agreements. C. Contract Change.0i-de'rs ,•.. d. AgreementAmendrrients e. Invoices f. Requisitions _ - v g. Payment Authorizations h. Petty Cash.Authorizations�, i. Procurement Card' Blanket PPOrchase-Orders` Approval authority is granted' `by means 'of an Authorized Signature List and Approval Limits Form. The form requires a sample signature of the employee and ` is approved by the Department Director, the General Manager' and the Controller.' The Authorized Signature List and Approval Limits' Form is Used by Finance, Accounting- and Purchasing to' verify that 'documents- bear proper approval The Board of Directors requires that contracts and amendments return to the Board for approval at certain specified levels. ' Procedures for processing the Authorized Signature List and Approval Limits Form, as well as Contract and Contract Amendment limits, are included in this chapter. Central Contra Costa .Sanitary District Purchasing Policies and Procedures Page 10 of 154 3.4 Authorized Signature List and Approval Limits Form a. Department Directors and Managers, will initiate a separate Authorized Signature List and�Approval L'imifs Form for each employee and forward the form,, bearing their approvals; to the Controller: for review. b-. The Controller will review tho4orm for•general consistency with maximum^ approval limits and forward the form to the General Manager for approval. c. Upon approval by the General Manager, the Controller will retain the original form for use. in,Finance and Accounting and forward a. copy. of the approved form to the Department Manager, .the Purchasing Manager and the employee. d. When a manager or supervisor will be absent from the District for twenty - four hours or more, signature_ authority will be automatically transferred to another manager or supervisor;. or other . designated employee based: on the Automatic Delegation of Authority matrix maintained by the, Accounting Division. Managers or supervisors who will be absent from the District on. planned leave may choose to prepare a delegation" of authority memo that amends the automatic signature authority, listed in- the matrix ;, e. ,The, Controller will initiate an annual; review, of the Authorized Signature 1. List and_ApprovaI Limits to ensure accuracy.,L; 3.5 Approval of Agreements and Agreement Amendments 3.5.1. Types of Agreements: Generally, there are three types. of agreements: Professional' Consulting Services, Technical, Consulting , .Services and Professional Engineering Services. Each is defined below. a. Professiona[Consulting Services. Agree ment.(PCS) Used to- contract for needed services of a non- engineering nature wherein;.the'. collection, analysis and /or translating of information is. the, consultant's; primary function' with the end' product being a written,d_ ocument training and /or recommendation. For example, "auditors, trainers, professional psychologists, attorneys and financial advisors:.; b. Technical Consultin Sery g, ices Agreement_ (TCS): Used.to contract for neededr services when physical . work.,is being- performed . such, as surveying and soils investigation-.. Note. If soils investigation data is.,being interpreted, a Professional Engineering Services contract is required. c. Professional Engineering . Services Agreement (PES): Used to contract for needed services when professional engineering, planning, Central Contra Costa Sanitary District Purchasing Policies and Procedure's Page 11 o1154 design, construction management. construction inspection and/or architectural services are being performed. 3.5.2 ' Appr`oval of Agreements: Approval of agreements and amendments to agreements shall conform to the following approval matrices. FIGURE 3tA Staff Authorization Limit for the Approval of Professional Consulting Agreements, Technical Consulting Agreements and Professional Engineering Agreements Authorization Limits O&M ProjedUCIB Professional Consultin Services $25,000 - " $50,000 Technical Consulting-Services $50;000 -;: $50,000 Professional6ii irieerih4 Services. $50;000:.,. $50,000 'Note• The amounts listed. are the maximum amounts for which" staff.has been delegated authority. Individual staff members, based on their position, may have a lower authority. limit. Agreements in an amount greater than the limits listed in the table above require Board approval of` the agreement prior to authorization and-co -mrr encement of' work ' 1. 3.5:3 Amendments to Agreements Board .approval is - required for Amendments to Professional Consulting, Technical Consulting and Professional Engineering Agreements under the following conditions: a The amendment` is greater than 15% of the or -agreement amount or $10;000; whichever is` greater:` Note: 'For agreements in an amount: less than the staff authority limits listed above, staff din. make 'amendments. up to the staff authority limits without applying the '15% or $1'0, 000 criteria: b. The amendment will cause the agreement to exceed agreement authorization- limit (see" table abode)' and the original agreement' did not have prior Board approval because it fell below the listed` authorization limits. 3.6 Approval of Contracts and Contract Change Orders All contracts must be approved by the General Manager or the Purchasing Manager'. The General Manager or his /her designee can approve individual contract change orders of up to $50,000 for District Projects. The Board of Directors must approve individual change orders where the amount is greater than $50,000. Central Contra Costa Sanitary District Purchasing Policies and Procedures Page 12 of 154 3.7 Equipment Budget Expenditures The Board of Directors approves equipment budget items for each fiscal year. In addition, a lump sum dollar. amount for contingency fund for unanticipated needs is also approved. This contingency fund is released to the, departments by request to the General Manager. The General Manager must approve expenditures from the contingency fund with a value of. $5,000 or less. The Board of Directors must approve expenditures from the contingency fund with a value greater than $5,000.- "; _: , _:. . 3.7.1 Equipment Item.Overrun: When the actual cost.of.the equipment budget item is more than the ' budgeted amount,, the following guidelines are to be observed: a. If the overrun does not exceed $5;000 or. 10 %, whichever is greater, and there ,are: sufficient. funds in the department's Equipment Budget `line account to cover, the overrun,. the purchase ;,mayR proceed. An informational memo shall be sent to the General Manager to keep him /her. aware of the budgetvariances::.A copy of the, memo should also be 'serit to Purchasing who will proceed with the purchase once the memo is t_ ... -= m. received.--- b; the overrun. exceeds; the 4:above criteria, , departments . may., request to use contingency funds to cover the cost overrun and a contingency memo or position paper will be required. If the dollar overrun is $5,000 or less, the additional funds may be approved by the General Manager. If the overrun exceeds $5;000..6 position - ,paper and Board. approval will be required;:' R - 3.7.2 Substitutions. Occasionally the need arises to substitute a functionally different; equipment item fora previously authorized Equipment, Budget item: The General Manager has. the authority to, authorize ;changes. to, or substitutions of, equipment in the,,amount of. $5,000 -or less ,,Changes or _substitutions exceeding $5,000 require Board approval prior, to` making the changes or substitutions The following procedure should be followed: a.. Where: a, substitution, is necessary, but. the total, does. not exceed the authorized Equipment Budget amount, a, memo will be sent to the General Manager detailing the need for the substitution. b. If the substitution, or an unanticipated cost increase will result in the purchase exceeding, the authorized Equipment Budget .amount by $5,000 or less, a contingency memo, should be sent to the General Manager outlining the need for substitution and /or the additional amount. from contingency required to make the purchaser Changes to authorized Central Contra Costa Sanitary District Purchasing Policies and Procedures Page 13 of 154 Equipment Budget purchases that exceed $5,000 must be requested by a Position Paper to the Board. c. Once the General Manager or the Board has approved the substitution, a copy of the memo or position paper should be submitted to Purchasing and Purchasing will proceed with the procurement. Central Contra Costa Sanitary District Purchasing Policies and Procedures Page 14 of 154 TARI FT CAPITAI IMPROVFMFNT PROGRAM AUTHORIZATION LIMITS ACTION DEPARTMENT GENERAL BOARD OF DIRECTOR MANAGER DIRECTORS Approve Capital Plan None None No limit Authorize Capital Program None None No limit budgets Allocate funds to individual $25,000 Or less Total program budget No authorization project budgets plus contingency2 required Authorize consultant $35,000 Or less $50,000 Or less Greater than $50,000 contracts/amendments Award construction contracts None $15,000 Or less Greater than $15,000 Authorize Additive $35,000 Or less $50,000 Or less Greater than $50,000 construction change orders Deductive More than ($50,000) NA NA Allocate funds from program $25,000 or less per contingency accounts to $10,000 project' Greater than $25,000 projects not included in the CIB Equipment contingency None $5,000 Or less Greater than $5,000 Authorize supplemental funds Sewer Construction to program budgets/ Not applicable Not applicable . Fund balance contingency accounts Allocate funds for project 5% of final project budeta or a g 15% of final project Greater than 15% of budget overruns maximum of $10,000 budget3,4.5 final budget Projects which have not Projects which have Close out project None required prior Board had prior board action. (informational Position action Paper re wired 'Treatment Plant, Collection System, General Improvements, and Recycled Water Programs 2 Limited by the remaining balances of the applicable program budget and contingency account 3 Limited by the remaining balance of the applicable program contingency account Final project budget is established at time of award of construction contract 5 Reduced by project overrun allocations previously made by Department Managers FY 2009 -10 CIBI2009 CIP 11 Central Contra Costa Sanitary District I BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 19, 2009 No.: 3.e. Consent Calendar Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM SHAPELL INDUSTRIES, INC., FOR AN EASEMENT IN THE CITY OF SAN RAMON SHOWN ON THE MAP OF SUBDIVISION 8700, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5823, PARCEL 1*) Submitted By: Initiating Dept. /Div.: Pat Camorongan, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: v _ Il P. Camoron an J. Mi moto -Mills WS%wWanson A. Farrell (James M. I 9 eneral Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication for an easement in the city of San Ramon, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: The new easement was acquired at no cost to the District. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements by resolution. The recommended resolution will accept an easement required for a recent sewer extension off Stoneleaf Road in the city of San Ramon. Staff has reviewed the subdivision map and determined that it is in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication from Shapell Industries, Inc., for an easement in the city of San Ramon shown on the map of Subdivision 8700, and authorizing staff to record the resolution with the Contra Costa County Recorder. *Easement parcel numbers are for internal job log use only. WENVRSEMPosition Papers \Camorongan \PP 5823—FINAL for 11- 19- 09.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS, POSITION PAPER Board Meeting Date: November 19, 2009 No.: 3.f. Consent Calendar Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION subject: ACCEPT THE CONTRACT WORK FOR THE AERATION AIR RENOVATIONS, PHASE 2, DISTRICT PROJECT 7274, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept. /Div.: Nathan Hodges, Assistant Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: N. Hodges B. Thah i A. Farrell V J mes M. Ke , eneral Manager ISSUE: Construction has been completed on the Aeration Air Renovations, Phase 2, District Project 7274, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Aeration Air Renovations, Phase 2, District Project 7274, and authorize filing of the Notice of Completion. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is advisable under the California Civil Code, Section 3093. BACKGROUND: The aeration basins have experienced air leaks from the floor of the air plenum boxes for many years. Since 2002, investigations have been made to identify the source of leaks and to make repairs. Staff determined the primary source of air leaks was due to cracking in the bottom of the air plenum boxes that allows compressed air to leak out into the base rock below the structure and eventually migrate back to the atmosphere through various openings around the perimeter of the A/N Tanks. The repair consisted of pressure grouting to seal the cracking within the structure's foundation slab and to fill voids in the underlying base rock. Tank 1 was repaired under the Aeration Air Renovations Project, DP 7207, in 2008. The current project, Aeration Air Renovations, Phase 2, District Project 7274, continued the repair in Tank 2. Attachment 1 shows the location of this project work. The project scope included grout injection, protective coating of the air plenum, replacement of groundwater relief valves, inspection of the 6 -inch downcomer pipes, and replacement of diffuser retaining rings and hardware. M \PESUMPosition Papers \Hodges \7274 Accept_NOC.doc Page 1 of 3 POSITION PAPER Board Meeting Date: November 19, 2009 Subject. ACCEPT THE CONTRACT WORK FOR THE AERATION AIR RENOVATIONS, PHASE 2, DISTRICT PROJECT 7274, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION On March 5, 2009, the Board of Directors authorized the award of a contract for the construction of the project to F. D. Thomas, Inc. The Notice to Proceed was issued on April 13, 2009. The work was substantially completed on October 29, 2009. The remaining items of work consist of minor punch -list items, which do not affect the project acceptance. Immediately upon acceptance, the Contractor is relieved of the duty of maintaining and protecting the Contract work. Guaranty and warranty periods required by the Contract and the statutory period for filing of liens and Stop Notices start on the date of acceptance by the Board of Directors. Final payment to the Contractor is made after expiration of the statutory period for filing of liens and Stop Notices, provided no liens or Stop Notices have been filed, and provided the punch -list items have been completed. The total authorized budget for the project is $2,372,000. The budget includes the cost of engineering design, construction management and inspection, testing services, and contractor services. An accounting of the project costs will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDED BOARD ACTION: Accept the contract work for the Aeration Air Renovations, Phase 2, District Project 7274, and authorize filing of the Notice of Completion. N:\PESUP \Position Papers \Hodges \7274 Accept_NOC.doc Page 2 of 3 N 0 150 300 FEET r Warehouse V -0 1 0 r ter} W� 0 U� o PROJECT AREA U /J i/ U. U x Central Contra Costa Attachment Sanitary District AERATION AIR RENOVATIONS PROJECT District Project 7274 Project Location Page 3 of 3; > N I Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 19, 2009 No.: 3. g. Consent Calendar Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE NOTICE OF COMPLETION Subject: ACCEPT THE CONTRACT WORK FOR THE TREATMENT PLANT PIPING RENOVATIONS, PHASE 4, DISTRICT PROJECT 7216, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept✓Div.: Clint T. Shima, Assistant Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: l �( cki vA. Farrell a — s M. elly, General Manager ISSUE: Construction has been completed on the Treatment Plant Piping Renovations, Phase 4, District Project 7216, and the work is ready for acceptance. RECOMMENDATION: Accept the contract work for the Treatment Plant Piping Renovations, Phase 4, District Project 7216, and authorize the filing of the Notice of Completion. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not Applicable. Filing the Notice of Completion is advisable under the California Civil Code, Section 3093. BACKGROUND: During the construction of the secondary treatment facilities in the early 1970s, numerous piping systems were installed throughout the treatment plant. These pipes carry the processed wastewater, sludge, steam, air, and other utility services between•the various sections of the plant. These pipes have been in place for over thirty years and are showing signs of deterioration. For example, the discharge piping in the north RAS pump station developed leaks through the pipe wall requiring patching by maintenance staff. On other more recently constructed piping systems, such as the ash collection and transport piping, leaks developed as the ash erodes through the steel pipe walls. Phase 4 of the Piping Renovations Project focused on replacing the discharge piping at the RAS pump station, the north and south ash pipelines from the furnaces up to the filters on the third floor of the Solids Conditioning Building (SCB), the PVC piping on the sodium hydroxide storage and feed system at the UV Facility, and two corroded drain lines in the SCB. In addition, electrical conduit was relocated outside of the secondary clarifier scum pits to increase safety and accessibility. See Attachment 1 for location of the work. N: \PESUP \Position Pape rs \Shima \7216- Acceptance.doc Page 1 of 3 POSITION PAPER Board Meeting Date: November 19, 2009 Subject: ACCEPT THE CONTRACT WORK FOR THE TREATMENT PLANT PIPING RENOVATIONS, PHASE 4, DISTRICT PROJECT 7216, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION On March 5, 2009, the Board of Directors authorized the award of a contract for the construction of the project to C. Overaa & Company. The Notice to Proceed was issued on April 24, 2009. The work was substantially completed on November 9, 2009. The remaining items of work consist of minor punch -list items, which do not affect the project acceptance. Immediately upon acceptance, the Contractor,is relieved of the duty of maintaining and protecting the Contract work. Guaranty and warranty periods required by the Contract and the statutory period for filing of liens and Stop Notices start on the date of acceptance by the Board of Directors. Final payment to the Contractor is made after expiration of the statutory period for filing of liens and Stop Notices, provided no liens or Stop Notices have been filed, and provided the punch -list items have been completed. The total authorized budget for the project is $1,350,000. The budget includes the cost of engineering design, District forces, contractor services, etc. An accounting of the project costs will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDED BOARD ACTION: Accept the contract work for the Treatment Plant Piping Renovations, Phase 4, District Project 7216, and authorize the filing of the Notice of completion. N:\PESUP \Position Papers \Shima \7216 - Acceptance.doc Page 2 of 3 o .w aao if !W : HOLDING BASIN 'A' SOUTH` >,; j Ili; \ � \�•�\ :>�'`.._. SOLIDS CONDITIONING` t ,1 BUILDING TUNNELS f li uq �i II NORTH SOUTH CLARIFIERS CLARIFIERS 1 I l ✓i�- -� ice- ,II.J�_� tI, iO Lf� ❑ 1 R`A B.UMP,� STATI N � ` MM FF / ! A UV FACILITY' if Central Contra Co! Sanitary District Mond PIPING RENOVATIONS, PHASE 4 DISTRICT PROJECT 7216 LOCATION MAP ATTACHMENT 1 Page 3 of 3 ' Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 19, 2009 No.: 3,h. Consent Calendar Type of Action: APPROVE PROJECT subject: APPROVE THE MARTINEZ SEWER RENOVATIONS, PHASE 3, DISTRICT PROJECT 5952, FOR CEQA COMPLIANCE, PERMITTING AND RIGHT OF WAY ACQUISITION PURPOSES Submitted By: Initiating Dept. /Div.: Stephanie Gronlund, Associate Engineer Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: bV 1 S. onlund C. Swanson T. Pilecki A. Farrell James M elly General Manager ISSUE: Board approval of the Martinez Sewer Renovations, Phase 3, District Project 5952 is required prior to the filing of a Notice of Exception under the District's California Environmental Quality Act (CEQA) Guidelines. RECOMMENDATION: Approve the Martinez Sewer Renovations, Phase 3, District Project 5952, for CEQA compliance, permitting and right of way acquisition purposes; and find the project is exempt from CEQA. FINANCIAL IMPACTS: This action will allow staff to continue with design work and negotiations for the easements needed for the project. Pre -bid costs are estimated to be approximately $200,000. ALTERNATIVES /CONSIDERATIONS: The Board of Directors may delay or decline to approve the project. If these renovations are not constructed, the condition of the sewers will continue to decline, which may result in increasingly more difficult maintenance, and the potential for blockages and overflows. BACKGROUND: The Martinez Sewer Renovations, Phase 3 project will replace and rehabilitate approximately 8,000 feet of 6- and 8 -inch diameter sewer located in the City of Martinez. A portion of the project will replace the sewers located in the following public roads: Main Street, Haven Street, Bertola Street, Andrews VISTA �o MPR�NP CIO sj Mp�tJO�r" QN- 2�0 E) m� Ty GREEN ST BLVD d� BERTOLA N ST PJE me SHELL O PROJECT LOCATIONS 4 VICINITY MAP N.T.S. NAENVRSEC \Position Papers\Gronlund\2009 \PP - FINAL Mtz3 - CEQA 11- 19- 09.doc Page 1 of 2 POSITION PAPER Board Meeting Date: November 19, 2009 subject: APPROVE THE MARTINEZ SEWER RENOVATIONS, PHASE 3, DISTRICT PROJECT 5952, FOR CEQA COMPLIANCE, PERMITTING AND RIGHT OF WAY ACQUISITION PURPOSES Drive, Harbor View Drive, Brown Street, Ulfinian Way, Beech Street, West Green Street, Carquinez Way, and Pine Street. The remaining portion of the project replaces backyard sewers located near: Talbart Street, Arlington Way, La Salle Street, Valente Circle, Gregory Avenue, Boynton Avenue, Carquinez Way, Green Street, and West Green Street. The work includes but is not limited to trenching, shoring, replacing sections of sewer pipe by open -cut and trenchless methods, installing manholes and repaving affected streets. At this time, staff is requesting the Board to approve the project for CEQA compliance, permitting and right of way acquisition purposes. The Martinez Sewer Renovations, Phase 3 project is included in the fiscal year 2009- 2010 Capital Improvement Budget (CIB) on page 27. Staff has conducted a cash flow analysis of the Collection System Program budget and concluded that adequate funds are available for this project. Staff has also concluded that this project is exempt from CEQA under District CEQA Guidelines Section 15302, because it involves replacement of existing sewer facilities at substantially the same locations and with the same purpose and level of activity as the facilities being replaced. Any capacity increases are for non - growth inducing, wet weather purposes.. This project also is exempt under District CEQA Guidelines Section 15061(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. This certainty is based on the District's past experience with numerous sewer construction projects of this nature, the relatively short distances involved, and the District's mitigating construction specifications that would be required of the project. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Approve the Martinez Sewer Renovations, Phase 3, District Project 5952, for CEQA compliance, permitting and right of way acquisition purposes; find that the project is exempt from CEQA; and direct staff to file a Notice of Exemption with the Contra Costa County Clerk. WENVRSEC \Position Papers \Gronlund\2009 \PP - FINAL Mtz3 - CEQA 11- 19- 09.doc Page 2 of 2 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 19, 2009 No.: 3.i. Consent Calendar Type of Action: AUTHORIZE KIEWIT PROPERTY LEASE AGREEMENT AMENDMENT subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND COUNTY QUARRY PRODUCTS, LLC Submitted By: Randall M. Musgraves Initiating Dept. /Div.: REVIEWED AND RECOMMENDED FOR BOARD ACTION. . -Nys : — - "James M. General M ISSUE: Board authorization for the General Manager to execute a lease agreement amendment is necessary for District land that has been previously declared surplus and eligible for lease. RECOMMENDATION: Authorize the General Manager to execute the first amendment to the lease agreement with County Quarry Products, LLC for 1.5 acres at the Kiewit property: FINANCIAL IMPACTS: It is estimated that the District will receive approximately $33,000 in net revenue, annually, assuming the placement of processed material is for nine months of the year. ALTERNATIVES /CONSIDERATIONS: The alternative to this action is to deny the lease request. This is not recommended. BACKGROUND: County Quarry Products, LLC, approached the District to lease 1.5 acres of Kiewif property to store processed material. In order for County Quarry Products, LLC to meet the 25 feet pile height limit on their processed rock pile, excess product must be stored elsewhere. Their only other alternative is to refuse delivery of material to be processed. They have determined that it would be more profitable to pay for leased property. Rent is paid when processed rock is first placed until complete removal, making annual rent vary. Rental amount is equivalent to the same price per square foot as their seven (7) acre lease. CADOCU ME- 1 \RMUSGR -1 \LOCALS -1 \Temp \Position Paper Kiewit Lease Amendment 11 19 09_1.doc POSITION PAPER Board Meeting Date: November 19, 2009 Subject. AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND COUNTY QUARRY PRODUCTS, LLC On June 2, 2005, the Board adopted a resolution declaring the Kiewit property as surplus. On April 6, 2006, the Board authorized the execution of a five -year lease agreement with County Quarry Products, LLC, for the clean fill operation. Separately, the County Quarry recycled processing contract occurred on December 21, 2000 for a ten (10) year period. Both lease agreements end on December 21, 2010. This amendment would also terminate on December 21, 2010. The District's Counsel and the attorney representing County Quarry Products, LLC have reviewed and approved the amendment. The Real Estate Committee recommends Board approval. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute the first amendment to the lease agreement with County Quarry Products, LLC for 1.5 acres at the Kiewit property. CADOCUME- 1 \RMUSGR -1 \LOCALS -1 \Temp \Position Paper Kiewit Lease Amendment 11 19 09_1.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 19, 2009 No.: 5.a. Bids and Awards Type of Action'. REJECT ALL BIDS subject: REJECT ALL BIDS SUBMITTED FOR THE CONSTRUCTION OF THE DISCTRICT VEHICLE SHOP IMPROVEMENTS, DISTRICT PROJECT 8218 Submitted By: Initiating Dept. /Div.: Samantha Engelage, Staff Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: gelage B. Than cki W. Farrell. AI mes M. Ily, General Manager ISSUE: On October 29, 2009, three sealed bids were received and opened for the construction of the District Vehicle Shop Improvements, District Project 8218. The Board of Directors must award the contract or reject bids within 50 days of the bid opening. RECOMMENDATION: Reject all bids received for construction of the District Vehicle Shop Improvements. Incorporate this work into a larger project. FINANCIAL IMPACTS: Bidding the work of the District Vehicle Shop Improvements with the HHWCF Improvements, District Project 8216, will save money on advertisement and staff time, therefore mitigating financial impacts. ALTERNATIVES /CONSIDERATIONS: Hold a responsiveness hearing at a future Board Meeting and determine whether the project should be awarded to the lowest responsive bidder and, if not, whether it should be awarded to the next lowest bidder. This is not recommended. BACKGROUND: The vehicle maintenance shop consists of four open bays on the North wall that expose workers to the elements. Low temperatures during the winter months and high temperatures during the summer months can create uncomfortable working conditions and hinder employee productivity. The purpose of this project is to improve the working conditions in the vehicle maintenance shop. In April 2009, District staff executed a Professional Engineering Services agreement with Calpo, Hom, and Dong (CHID) for design services for enhanced temperature control. The project replaces the existing space heaters with three new, more efficient space heaters and installs six ceiling fans for better air - circulation. Additional N:\PESUP \Position Papers \Engelage \8218 - Co nstructionContractAward- RejectAll Bids. doc Page 1 of 3 POSITION PAPER Board Meeting Date: November 19, 2009 subject. REJECT ALL BIDS SUBMITTED FOR THE CONSTRUCTION OF THE DISCTRICT VEHICLE SHOP IMPROVEMENTS, DISTRICT PROJECT 8218 modifications include new vehicle- exhaust ventilation hoses that can withstand the high temperatures created when cleaning the new vehicle particulate filters, and a new exterior electrical outlet for vehicle particulate filter cleaning. CHID and District staff prepared the plans and specifications for the project. The Engineer's estimate for construction of this project is $74,000. This project was advertised on September 28 and October 5, 2009. Three sealed bids ranging from $48,585.65 to $88,476.00 were received and publicly opened on October 29, 2009. A summary of bids received is shown in Attachment 1. The Engineering Department and District Counsel conducted a technical and commercial review of the bids and determined that there are a significant number of incomplete bid forms submitted by the apparent low bid. Similarly, there is one incomplete bid form submitted by the second low bid. Although the Board might conclude after a responsiveness hearing that the incomplete bid form of the second low bid is not so material as to legally require rejection of the bid, staff and District Counsel deem it prudent to reject all bids and re -bid the project later this month with the HHWCF Improvements, District Project 8216. This would provide the opportunity to obtain new bids and garner more interest from contractors interested in larger projects. Staff has notified all interested parties of Staff's recommendation. This project is included in the fiscal year (FY) 2009 -2010 Capital Improvement Budget (CIB) on pages GI -19 and GI -20. RECOMMENDED BOARD ACTION: Staff recommends the following 1. Reject all bids for the construction of the District Vehicle Shop Improvements, District Project 8218. 2. Approve incorporating this work into the HHWCF Improvements Project, DP 8216. N:\PESUP \Position Papers \Engelage \8218 - Construction Co ntractAward- RejectAlI Bids. doc Page 2 of 3 ATTACHMENT 1 DISTRICT VEHICLE SHOP IMPROVEMENTS DISTRICT PROJECT 8218 SUMMARY OF BIDS PROJECT NO.: 8218 DATE: OCTOBER 29, 2009 PROJECT NAME: DISTRICT VEHICLE SHOP IMPROVEMENTS PROJECT LOCATION: MARTINEZ, CALIFORNIA ENGINEER EST.: $74,000 BIDDER BID PRICE Bobo Construction, Inc. $ 88,476.00 Martinez Sheet Metal, Inc. $ 73,668.00 CAS Financial and Construction $ 48, 585.65 BIDS OPENED BY: /s/ Elaine Boehme DATE: 10/29/09 NAPESUP \Position Papers \Engelage \8218 - Construction ContractAwa rd- RejectAll Bids. doc Page 3 of 3 r; . A5 C4140w a.l� 2000 Water Legislation A significant milestone in California water policy Central Contra Costa Sanitary District November 19-, 2009 Greg Gartrell Assistant General Manager, Water Resources Contra Costa Water District ANA&I CONTRA COSTA WATER DISTRICT WM16 Bills Enacted 'Does not fiz the Delta - -N- '- - • Establsnes'a s e poh V 'water quality, -- ecosystem; j" supply ,rchibilit) -', ---- fl6w—i to protect tle'Del6; ixd4iew:- high g6fidffds-f6iifdra t on l -�-V7-- z} Does N authorize Pejphera.1 Canal, Does `provide .De tap' 4�M&I"A& ��,�tor -tliiiidl"''-whire noiie.Etift6ntly'cij(iifif,i"futLii�-,ac 'On'--Mmqovxe's-1",, . "T 11 — -y 4271 -z',the Pc f orwar y,, S P 4 � C&fikiia-ti ret: 200/Wby,.�26�646r- Conservation urban areas j - i-e ,.Groundwater monitoring for the lirit-I6, 4e wtwa "A 0� million 7for Delta levee upgrades (existing` New Bond will go to Voters on`November-2, 10 w mba 19 -'2009 -4 I 1 T+Ad '-N" tv Delta and Covered Actions... V SBX7-` 1'(Sftnitih-fi)',).4-' Thil. ee landmark c angespr'bted the Delta ., f" the Delta 'and S-u-'i'stfh:maxsh-fitst Before; " i Public trust flow,criterik or t any'new coriV6yarice Permits 4 e. -De I ta p of-jids n* d-st, out ecogyste' n-protect6hs ind,w'aterz.suipply i needs i6r-eqdaIf po ing: an end to "water supply fist mitigation . 'ash r -' rthought" for the Deltas ljelta, ,water quality iinproverrient is now State policy j, d, • P 1" 7 rotects6stabli§fi`e&water rights, and ,exc excludes taken in a4few- isolated 'c-on"v"6yannc d'A'a c i y- ro m4-.� z", 4, establishing "Area of Ongm" water nght protections 0 ,ib -Requlri6�' My,.-Delta Coiriservailbn'Pi"ari'(B.DCP"),'to.m' OOL' ards"�&'the high -stAh Nattiral, Communities J�- ' Conservations. �d ,, Plan,ning,Act co COST. M AIERMTM e- Continued. ..-'SBXT f (Si imi t ian • C6veredAdions '6jicWd&city, :county and Local agency hedhefdre-.t!46�ltiA�Ja projects,6 tabli S n, is: complete "' 2, V J *:,,-Does n'ot'?'chan-g'e,'Ariy,- water rights of any party ux. Immediate -Ac'tion-Projects 'are s dp'poiet e-d'a-rid"fe q'U-1-Ere Delta Stewardship Council is formed; edi a b 11Sh ;CALFEM, ,Independent Science Boardis established and required to —g� 7.: -.WATERMTMTT. 4' :,4- i . r 't 2 Drinking Water Supply, Act of 20M, 5 r f J $1_1.14 billion bond r, ..+ tYt� .''fit .Cp•+��y, x+- M.r�. -; �aiF�G�� � xL�«Zr with Y � �.'i Hy_••f 7�. • ;Drought reltef($455 mtllton) • .Implementation of Integgrated f' Ma tarp: ment'Plans ($1 btlltoi tN >• Recycling ($l liillion), ground s 'and conservi natesr,($18 bilho .. i c a SY WATER OIYIRKTf y ,°j Y{a Fd � S, �v � ? iterLand", ter; ($1 billion) ry 7 y'an 1 r >S ay = November 192009 ya3 , ` C) ntinued: SBX7< 2 (Cogdill)' t f - maxtmi by user! y F t ' �n : new isoiateu.conveyance tacuicy rrom escanusrunga area Te of Origin" water right protections --�,� i+F a' r -' ` > y ;7_r :Frt+i Funds large protects that will ^stimulate the economy w • Early research shows voterssdo not want to.pass�anothery 4large bond bill g C { -,� : f` `'✓ r -y�`f y*r.. 't" 'dt2� q .� " `4�'r Sr �� e< c3 t.i f ; yy Sr .. � "�' } +� rNi 9 ,5 T ;.��P]}�, ♦ vu ��r,� ^r yy' " "kk�j�'��3 �i ,�' c � c:" � i. 4, } \`CONTRAC T1 X L,; y�Kx' L}} Wt kt t.�iwF YtAir {5 .WATER 019TRKT tai L t9 2009 y. i. 3 + S' r Drinking Water Supply, Act of 20M, 5 r f J $1_1.14 billion bond r, ..+ tYt� .''fit .Cp•+��y, x+- M.r�. -; �aiF�G�� � xL�«Zr with Y � �.'i Hy_••f 7�. • ;Drought reltef($455 mtllton) • .Implementation of Integgrated f' Ma tarp: ment'Plans ($1 btlltoi tN >• Recycling ($l liillion), ground s 'and conservi natesr,($18 bilho .. i c a SY WATER OIYIRKTf y ,°j Y{a Fd � S, �v � ? iterLand", ter; ($1 billion) ry 7 y'an 1 r >S ay = November 192009 ya3 , ` C) ntinued: SBX7< 2 (Cogdill)' t f - maxtmi by user! y F t ' �n : new isoiateu.conveyance tacuicy rrom escanusrunga area Te of Origin" water right protections --�,� i+F a' r -' ` > y ;7_r :Frt+i Funds large protects that will ^stimulate the economy w • Early research shows voterssdo not want to.pass�anothery 4large bond bill g C { -,� : f` `'✓ r -y�`f y*r.. 't" 'dt2� q .� " `4�'r Sr �� e< c3 t.i f ; yy Sr .. � "�' } +� rNi 9 ,5 T ;.��P]}�, ♦ vu ��r,� ^r yy' " "kk�j�'��3 �i ,�' c � c:" � i. 4, } \`CONTRAC T1 X L,; y�Kx' L}} Wt kt t.�iwF YtAir {5 .WATER 019TRKT tai L t9 2009 y. i. 3 + Groundwater Managementand Monitoring,. SBX7 6 (Stein6erg) r r, n,,,•�For the first time, the`state will track ground �.f water storage and use = 4 'Provides local control y a3„ k ti Y ��"'°' ?.s i j iY rr" i 4v� ~k{'s ,uri^5:• if •V Allows state °to inventory groundwater s s 'resources }Y k .. 6 .}'.� e"- : �iy .z�'^.",:...y,h• *.-.1r'^'�'y✓ "s -F i ' °� G .,x r �i ev ,. k- y + �i',�, �;�- `4.+�-ri, , or.�s< *�. <, •� �' <y e< �,.F r�" -,z� S�t �„ 4 . , fix" w�flw wro8imtr - m * November 19 2009 .�' •. .� -Y - Water er Consvation: 20% Reduction by 2020` } Sets 20% target for reduction of urlian water use by 2020 Y `: ♦ t � Fair to agencies that currently c serve orrreeycle ` For, example,- CCWDservice area has 6,000 gallons per day per "capita Y recycled'water -more than•any ".other Bay Area - agency that will be accounted for , e'1 v . I '� ° ,•• t "� •I k � t srr �'ti 5 � fvn � �tN i if ff, 1 •` Fair to - industry „° Recognizes- process water.that cannot be conserved without ~ cutting production ' r t♦ I� s i- 1, + t� L3�, �*y ��tJ , s Xv r tt -� d1 Plan and tmplement best management practices,for° " 4 :co n servation: regieested,of, agnculhire , Does not include agricultural targets `s�.• r rt` ♦ ! 4 `< a I ,, r . •t . a,r wren omrnn:r : ' g r No.emba.1912009.. 4 r ' 1. Delta Levee Repai SBX7 = 8 • Provides =$550 million 666'- .e)i and lE) for Deltdlevee.repair, Funding w'11 stimulate econom Estalilishes State` Water Soul and allows feesx #o support enf� A Y t bestoration L K Inds (Propositions 84 gyration x K' ide lobs 1,7 nz ,. all users with " F J lures;to report ,� a rts<K x I , lisiricenhve for illegal r `l K x. .r itrolHBoard authority L i yr Delta Leg><slati, li Summary vArr • Not a sin'le bill package v5 bills cover Delta governance, x ; tconservation, groundwater.Amorutonng, surface water y d reportm—k- Delta'leveexestorahon; an anew bondh:.,i �?%eJ 4 S.:N Itis riot: erfe- but the Delta, is better protected and the �`� s'. hurdles- d a- Peripheral Canal are higher k , < • a 5 +�.. �\ `v... � .} 't'l.K h.Yii w.: }• #'iit. -.4 °i` TJ4. r tY} �' 1 5 'v', { '1 3 t i • No general user fees imposed,,on water utilities yet' r 4- Fees will comerbut not now r �� This package:does not deptend on usei fees , As recogni e&ih the Delta Vision "users" and- "beneficiariesi' are1 %i r ,4 more than lust water agenciesx- K} st�T � ro y"y, ."jivv �i k ..EIS {�. ..,, t _ j"� "'f i+"Ta ,� {% -it-'t ,•� ✓'1 !#- �S V *e�flrinA '' �.:li '1,Q" .z •_•F ih.- iy�*L �i v.' � A��\wrrtni cosy f w•i[n oisrmcr% nd'3 ry c r 10 '�� y + tt6 #:Novlmbu 191009 >•, 5 Northern California Water Rights Are Unprotected 4 The Delta legislation was crafted by a select group of interests .l Primary goal was to meet exporters' needs while restoring the Delta Achieving fairness toward northern California water users was not a priority Upstream diverters' water supplies are left vulnerable ebmud.com Northern California Needs in Legislation 4 Beneficiaries of peripheral canal should have been responsible for mitigating their impacts on the Delta 4 Determination of increased inflows to restore Delta should have been based on SWRCB proceedings to allocate responsibility among all Funding the Delta Fix The bond measure of $11+ billion covers a fraction of the total costs a Voter approval is uncertain at best New fees on water users are likely — getting it right requires adherence to "beneficiary pays" principle 2 � r+. Item 6.A.3 Municipal Regional Permit (MRP) - Summary for POTWs and Collection Systems November 19, 2009 Presentation Overview What is the MRP? Why is it a concern to wastewater agencies? 4 MRP — Summary for. POTWs and Collection Systems November 19, 2009 What is the MRP? •NPDES permit issued to most stormwater management agencies in SF Bay Area *Goal to establish consistent standards to protect stormwater quality *Several pollutants given specific standards 1 MRP - Summary for POTWs and Collection Systems November 19, 2009 Why is MRP a concern to wastewater agencies? •Stormwater control strategies in MRP include diversions to sanitary sewer system • Potential additional regulatory oversight for sanitary sewer overflows (SSOs) MRP - Summary for POTWs and Collection Systems November 19, 2009 Major Diversions to Sanitary Sewer • Dry Season / First Flush • Street Flushing • Targeted Number of Pilot Projects • BACWA White Paper in Process 2 MRP - Summary for POTWs and Collection Systems November 19, 2009 Minor Diversions to Sanitary Sewer. Collection Systems *Smaller in volume per discharge *Flow rate could be localized problem *Controls can protect treatment plant and collection system operations *How will we know about them? MRP - Summary for POTWs and Collection Systems November 19, 2009 Examples of Minor Diversions to Sanitary Sewer Collection Systems •Pool /spa /fountain draining; spill response, surface cleaning; fire suppression system test water; concrete saw cutting •Copper algaecides in pool water; mobile washers; roof drains for copper- bearing ventilation systems *Foundation drains; air conditioner condensate drains; water system discharges; architectural copper cleaning wastes: generally because MRP standards may make discharge to sanitary sewer easier 3 MRP - Summary for POTWs and Collection Systems November 19, 2009 Potential Additional Regulatory Oversight for Sanitary Sewer Overflows (SSOs) *MRP requires sewage to be controlled as a stormwater pollutant •MRP.requires Cities to develop Enforcement Response Plan (ERP) to control stormwater pollutant sources •As drafted, public sewer collection agencies open to citation for SSOs under MRP provisions MRP - Summary. for POTWs and Collection Systems November 19, 2009 Summary of Process and Next Steps *Generally RWQCB staff responded positively to CCCSD and BACWA comments *Some appeals are expected to be filed •Work with County and central County Cities to manage potential impacts of MRP implementation on CCCSD operations *Participate on BACWA White Paper project to ensure major diversions do not adversely affect CCCSD !ll 6. a. 4 LANDFILL GAS UPDATE Randy Grieb Board Meeting November 19, 2009 USAGE OF LANDFILL GAS - 2009 January— October: 365 dth /day (133,225 dth /yr) Availability has improved since Bulldog implemented gas well improvements in 2008 Gas quality has ranged from 475 to 560 Btu /cf Above 500 dth /day, the Btu content decreases LFG Usage 600 500 400 200 100 0 1P Pip °AO���410 Ito 40 )4 leo 1poaY�� Period Estimated 2009 Average @ 400 dth/day �' : tds ntt M Few. � �' ""��` -L�' � x�x�"°�l '{ 7` ' �{�, S v 4ai4hytr,, c� tfi �Y .1N�:.5 .i� ?. .�;YZ�k1�s�1R5'1{. �j� 3y"}`'G3i' i��ti+�'= �.: f'g) � � x { t l LANDFILL GAS COST Average monthly cost: $50,000 (January — October 2009) At price ceiling since beginning of 2009 ($4.60 /dth) Discount has ranged from 35 percent to 53 percent of purchased natural gas price At current use, total 2009 landfill gas cost approximately $600,000 ($650,000 budgeted) I SUMMARY Landfill gas has been reliable, but limited in quantity with maximum of 600 dth /day Improvements in gas wells are intended to stabilize current capacity, not increase capacity Landfill gas quality has improved to approximately 560 Btu /cf recently Average landfill gas discount has been greater than 45 percent LFG PRICE VS NG SPOT MARKET PRICE O NG Spot Ma ket Pnce $1400 ■ LFG Price $1300 K` �- $1200 11 zti. - '�' 4aw �sK ='y' $1100 i t l i+%i� Ti_dM.i`{•^3 +7.�t54'"? ?H 3Mi'•+Y@�"i 1 P'� kY $1000 `t# ' 6 � ` r E9 00 -! " b' `4�' q d' $8.00 3 `tchi`t-i� �' • t j } yry� §d y^� yy � Z >J LSiv� K' 4ti%t tnilr3'i 4J1.+'x" $7.00 i�i I�'W '4r r h 1 b h i l� 4 4 C^ i tN I`f�+ 1 �✓M iiY T 1$ u2^ f e} R. "A� � 1 1s 81 �• Y`9'�gE' �r i *., J f .,}_ !4 !{'. ?i S �5t'bi�,.,f:1+ •r br ..,t�.,`hkYii'qq,,Su.rvY N $5.00 $400 $300 v i I� }' 1? E rk $200 ' °�1 �v�, gA�QA,ao1o�A�e�A1acA0�cP9�,o°j O's cQeaY�' Aq0 "0'0� 09�0is 1 dl"0o�P't '0 R00" �o�o �F �*e�� � w'°'S o PERIOD SUMMARY Landfill gas has been reliable, but limited in quantity with maximum of 600 dth /day Improvements in gas wells are intended to stabilize current capacity, not increase capacity Landfill gas quality has improved to approximately 560 Btu /cf recently Average landfill gas discount has been greater than 45 percent Agenda Item 6.a.5) Board Meeting of November 19, 2009 Written Announcements: District Recognition a) Trenchless Technology Recognition The District has been notified by Trenchless Technology that the A -Line Relief Interceptor, Phase 2A Project, has been recognized as the Trenchless Technology — 2009 New Installation Runner -Up Project of the Year. The Trenchless Technology Award is a Nationwide competition of all new installation projects that were completed in 2009 using trenchless technology. An article on the District's project will be printed in the October Issue of Trenchless Technology Magazine. A copy of the article is attached. Project Updates b) Survey Monument Restoration Contract, D.P. 036492ENG The survey monument restoration blanket contract work will rebuild survey monuments that are damaged or destroyed during construction. State of California Business Code requires that survey monuments that are damaged during construction be properly restored under the supervision of a licensed surveyor. This project will be advertised on November 20 and 25, 2009. Bids will be opened on December 9, 2009. The cost is estimated at $80,000 for a three -year period. More information will be presented when the Board is asked to approve the contract on January 7, 2010. c) Non - destructive Potholing Contract, D.P. 030527 The District utilizes potholing to expose underground utilities along the proposed sewer alignments at points of potential conflicts. The results are used to evaluate alternatives during design and to minimize change orders during construction. This project will be advertised on November 20 and 25, 2009. Bids will be opened on December 10, 2009. The cost is estimated at $150,000 for a three -year period. More information will be presented when the Board is asked to approve the contract on January 7, 2010. General Updates d) Termination of General Recycled Water Agreement with Contra Costa Water District On November 3, 2009, the District received a letter from the Contra Costa Water District (CCWD) acknowledging their receipt of our March 19, 2009 Notice to Terminate the General Recycled Water Agreement. The termination became effective November 2, 2009. The letter states that "With CCCSD's termination of the General Agreement, development of future recycled water projects within the CCWD service area will need to start with resolving the purveyorship and other issues that were resolved in the General Agreement." As the Board will recall, our decision to terminate the General Agreement was not made lightly and we did so because we did not believe Agreement framework was conducive to developing large scale recycled water projects, as demonstrated by the limited recycled water program development that occurred over the 15 year length of the agreement. We will be scheduling a meeting with the Board Recycled Water Committee in early December to discuss a response to the CCWD letter and our next steps with respect to developing large scale recycled water projects. e) Native American Artifact found in Lafayette In early November, while replacing a sewer line in Lafayette Circle, a District contractor unearthed a prehistoric mortar. Archeologist Rick Thompson stated that it was used by the Bay Miwok Tribe between 200 and 1000 years ago. Due to its small size, Mr. Thompson speculates that it was used to grind minerals for face and body paint. The City of Lafayette is the rightful owner since the artifact was found in a public street. The City recommended that the mortar be given to the Lafayette Historical Society. The Historical Society gladly accepted the artifact and plans to add it to the Native American Exhibit in Lafayette's new public library. Agenda Item 6.a.5) Board Meeting of November 19, 2009 Additional Written Announcements: Items f) CASA Update on State Budget A letter from the California Association of Sanitation Agencies summarizing the State budget is attached. In summary, the Legislative Analyst's Office now projects a $20.7 billion budget problem. General g) CCCERA Special Board Meeting At its November 24, 2009 Board Meeting, the Contra Costa County Employees Retirement Association will consider setting a meeting date for a Special Board Meeting to discuss final compensation and retirement benefits. Staff will inform the Board of when and where the meeting will be. h) Pharmaceutical Collection Program Update On November 17, 2009, the Danville Town Council approved the Memorandum of Understanding with the District to conduct a pharmaceutical collection program at their police station. Their Chief of Police is working with the Drug Enforcement Agency to obtain their approval. Collection in Danville is expected to begin by mid - December. The collection sites in Clayton and Martinez began service earlier this week, with Moraga and Orinda beginning collection this coming Monday. Pleasant Hill and San Ramon are expected to begin collection before the holidays. Concord and Lafayette declined having collection sites in their cities because of budget constraints. Trenchless Technology Online - Installation Runner Up October 2009 Home I USA & Canada Subscriptions Page 1 0 3 C.&S, Subscriptions Outside the US & an l 1 Featured I Trenchless I Trenchless Technology I Directional I TT I Conferences I Webinars I Classifieds I Forum! Articles News International Drilling TV Installation Runner Up A -Line Relief Interceptor, Phase 2A — Oct 01, 2009 Central Contra Costa Sanitary District (CCCSD) and the City of Concord (City) teamed with Carollo Engineers, DCM- GeoEngineers and Bennett Trenchless Engineers to design and manage the construction of a new interceptor sewer that will eliminate the need for a 50 -mgd pumping station. < All stories in this section The A -Line Relief is a six -mile long gravity relief ' t interceptor sewer located in the northern portion \I of CCCSD's service area and will be constructed i} in phases over the next 15 years. The current phase of design and construction includes approximately 3,050 ft of 96 -in., 870 ft of 72 -in., pipe lackinq and mi- :rotunne4mq were used on this proaect. and 540 ft of twin 48 -in. RCP under Walnut Creek. This gravity tie -in will eliminate the largest wastewater pump station in the county. The new pipelines were constructed through a variety of surface conditions including a municipal golf course and driving range, under the approach landing path of a municipal airport, across a major regional recreation trail, busy city streets in a fully developed commercial neighborhood and under the earthen Walnut Creek flood control channel. The pipelines were installed by three different methods including pipe jacking by earth pressure balance machine (EPBM) tunneling (approximately 3,050 ft), microtunnel boring machine (MTBM) tunneling (approximately 870 ft) and conventional open -cut trenching (approximately 540 ft) across the Walnut Creek flood control channel. The EPBM pipe jacking of 96 -in. concrete pipe occurred in two drives of 1,350 and 1,700 ft from a common jacking shaft, and as many as five to seven intermediate jacking stations were installed in each of these two drives. The MTBM pipe jacking for the 72 -in. concrete pipe occurred in two drives of 410 to 460 ft from a common jacking shaft. Ironically, due to the limited amount of pipe cover within the 350 -ft wide Walnut Creek channel, the channel crossing and tie -in to the existing Concord pump station was constructed by open -cut construction. Normally trenchless construction would be a preferred option for an environmentally sensitive creek crossing. Construction of the A -line Phase 2A Relief Interceptor was awarded to general contractor Mountain Cascade of Livermore, Calif., for $20.65 million. The tunneling subcontractors were Pacific Boring and Nada Pacific of Caruthers, Calif., for the EPBM and MTBM tunneling, respectively. http:// trenchlessonline .com/index/webapp- stories - action ?id =979 11/12/2009 Trenchless Technology Online - Installation Runner Up Page 2 of) "Ultimately, the project's achievements were a result of a complete and sound design by the engineer, the expertise and skill of an experienced contractor and the dedication and cooperation among all parties in resolving the unexpected," said Alex Rozul, project manager for CCCSD. The project has several key accomplishments that make it outstanding. The single most critical construction challenge occurred when the second 72 -in. microtunnel drive was installed at the wrong grade (off by 2.8 ft).This error occurred when the laser guidance system was set incorrectly by a factor of 10. The corrective method chosen was to pull back the entire 72 -in. RCP while backfilling the void space created with a cellular concrete with a wet cast density of 40 Ibs and a 28 -day compressive strength of 300 psi. The 72 -in. RCP was retracted at a rate of 40 ft per day, allowing the grout to have sufficient cure time. Once the pipe was completely retracted, the contractor tunneled through the cellular concrete and installed the pipe successfully on the correct grade. Owner: Central Contra Costa Sanitary District Engineer: Carollo Engineers, DCM- GeoEngineers and Bennett Trenchless Engineers Contractor: Mountain Cascade Inc. Sub Contractors: Pacific Boring and Nada Pacific Manufacturers: Akkerman Inc. and Ameron International Q RWTHIS so - ... < All stories in this section http: / /trenchlessonline .com/index/webapp - stories - action ?id =979 11/12/2009 CAUFAIN/A ASSNUAl /NN of SAN/WEAV ACENCES 1215 K Street, Suite 2290, Sacramento, CA 95814 PH: (916) 446 -0388 — FX: (916) 231 -2141 ww.casaweb.org Vw IA ELECTRONIC MAIL November 18, 2009 TO: CASA Member Agencies CASA Associates CASA Legislative Committee CASA Executive Board CASA Attorneys FROM: Mike Dillon, Lobbyist Christina DiCaro, Lobbyist RE: News From the Capitol LEGISLATIVE ANALYST'S OFFICE PROJECTS $20.7 BILLION BUDGET PROBLEM This morning the Legislative Analyst's Office (LAO) released a report titled: The 2010- 11 Budget: California's Fiscal Outlook. According to the report, the $20.7 billion Budget problem, "consists of a $6.3 billion projected deficit for 2009 -10, and a $14.4 billion gap between projected revenues and spending in 2010 -11." The vast majority of the new Budget problem, according to the LAO, is the result of several, major "solutions" in the recently enacted Budget, that did not pan out as well as additional funding owed to schools. These include: The inability to achieve billions of dollars of spending reductions in the prison system and Medi -Cal, The inability to sell part of the State Compensation Insurance Fund to generate $1 billion in the 2009 -10 Budget Year, The loss of a court case involving the state's taking of $800 million in transportation funds in 2009 -10, A $1 billion increase in the Proposition 98 minimum guarantee to schools, resulting from unique Proposition 98 calculations. The Legislative Analyst's Office also cautions that additional court cases could make the projected Budget shortfall even higher. Lastly, the LAO forecast "assumes no COLA's or salary increases for state employees through 2014 -15," and predicts the gap between "revenues and expenditures will increase to $23 billion in 2012 -13, when the state must pay back its loan from local governments under Proposition 1A of 2004." While the big three revenue sources, Personal Income Tax, Corporate Taxes, and Sales Tax, are down only about $500 million, most of the state's problems are due to the above factors and the admitted gap by the Governor's Administration, when the Budget was revised in July 2009, that the operating shortfall, or the ongoing gap between projected expenditures and revenue, would be about $7.4 billion. The reasons for the shortfall include the use of one time and temporary Budget solutions, including funds borrowed or taken from local government, including property taxes and redevelopment agency funds, which alone exceed $4 billion. Once again, the Analyst suggests, "the Legislature should also look to increasing fees in those cases where the costs of state programs currently supported by the General Fund can appropriately be shifted to specific beneficiaries." You will recall from our reports last year and earlier this year that CASA has consistently opposed the LAO recommendations for the creation of a new water quality fee on wastewater agency customers which would generate about $21 million to support the SWRCB's General Fund supported programs, outside of the core regulatory programs, such as the TMDL, Basin and Groundwater Planning, and Non -Point Source Pollution programs. The Governor will be confronting the issues raised in the Analyst's Fiscal Outlook when he introduces his Budget, probably on January 8, 2010. ,* Central Contra Costa Sanitary District Board Meeting November 19, 2009 Board Member McGill Item 6.d.1) FUTURE MEETINGS AND CONFERENCES WITH PAIL) EXPENSES AND /OR STIPEND Contra Costa Council Luncheon with Sate Senator Mark DeSaulnier November 20, 2009 Mayors' Conference in Lafayette, CA December 3, 2009 MEETINGS AND CONFERENCES THAT EXPENSES AND /OR STIPEND WAS PAID Attended Mayors' Conference in Moraga, CA with Assembly Member Joan Buchanan November 5, 2009 Item 6.d.2 Announcements Attended: John F Kennedy University Kennedy Laureate Dinner November 14, 2009 Contra Costa Council Water Task Force Meeting November 17, 2009 Will attend: Concord Chamber Mixer November 19, 2009 Grand Opening, Michael Chavez Center Concord November 19, 2009 Contra Costa Council Board Meeting November 20, 2009 Industrial Association of Contra Costa County Lunch with Greg Gartrell, CCWD December 2, 2009 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 19, 2009 No.: 7.a. Administrative Type of Action: EXTEND CONTRACT subject: CONSIDER EXTENSION OF CONTRACT FOR LEGAL SERVICES WITH KENTON L. ALM AND MEYERS, NAVE, RIBACK, SILVER & WILSON FOR THE PERIOD FROM OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010 Submitted By: Randall Musgraves, Initiating Dept. /Div.: Administrative /Risk Management Director of Administration REVIEWED AND RECOMMENDED FOR BOARD ACTION: ames . Kelly, Genera Manager ISSUE: The contract extension for legal services with Kenton L. Alm and Meyers, Nave, Riback, Silver & Wilson requires approval by the Board of Directors. The term of the contract is for one year (October 1, 2009 through September 30, 2010). RECOMMENDATION: Approve the contract extension with Kenton L. Alm and Meyers, Nave, Riback, Silver & Wilson for legal services. FINANCIAL IMPACTS: No rate increase is proposed in the extension. ALTERNATIVES /CONSIDERATIONS: The Board could elect not to extend the contract for legal services. This is not recommended. BACKGROUND: The District has been receiving general legal services and Counsel for the District services from Mr. Kenton L. Alm since 1985 by a contractual arrangement. The term of the contract extension is for one year (October 1, 2009 through September 30, 2010). The District's current contract with Kenton L. Alm and Meyers, Nave, Riback, Silver & Wilson for legal services expired September 30, 2009. The proposed terms of the contract extension are unchanged from the current contract. RECOMMENDED BOARD ACTION: Approve the contract extension with Kenton L. Alm and Meyers, Nave, Riback, Silver & Wilson for legal services. N:\ADMINSUP\ADMIN \DIST- SEC \Position Papers \District Counsel Contract Extension 2009- 10.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: November 19, 2009 No.: 8.a. Engineering Type of Action: AUTHORIZE AN AMENDMENT TO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT Subject: AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING AGREEMENT WITH URS FOR PROFESSIONAL ENGINEERING SERVICES FOR THE ALTERNATIVE ENERGY AND GREENHOUSE GAS REDUCTION PLAN, DISTRICT PROJECT 7256 Submitted By: Initiating Dept ✓Div.: Melody LaBella, Assistant Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. f l.� r.- M L 1,� M. LaBelle M. Penny C. Swanson A. Farrel I James M. ly General Manager ISSUE: Board of Directors' authorization is required for the General Manager to amend an existing professional services agreement in an amount greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute an amendment to increase the cost ceiling to an existing Professional Services Agreement with URS in the amount of $195,000 from $40,000 to $235,000 for the Alternative Energy and Greenhouse Gas Reduction Plan, DP 7256. FINANCIAL IMPACTS: The additive cost of this amendment, including staff time, will be approximately $245,000. ALTERNATIVES /CONSIDERATIONS: An alternative would be to conduct this project using in -house engineering staff. This project requires specialized expertise, which is not available at the District at this time. BACKGROUND: The California Global Warming Solutions Act (AB 32) was passed by the California Legislature in 2006 and requires that statewide greenhouse house gas (GHG) emissions be reduced to 1990 levels by the year 2020, representing an approximate 30% decrease in GHG levels. AB 32 designated the California Air Resources Board (GARB) to develop the regulations necessary to meet the GHG reductions required by AB 32. CARB has until January 1, 2012 to finalize all the new AB 32 regulations and until January 1, 2020 to achieve the GHG reduction milestones. The first phase of AB 32 regulation will address sectors considered the largest contributors of GHG — that includes petroleum refining, hydrogen production, cement manufacturing, electrical power generation and distribution, cogeneration power generation ( >1 megawatt (MW) and > 2,500 metric tons of carbon dioxide equivalent (MT CO2e)) and large stationary combustion (> 25,000 MT CO2e) sources. N: \ENVRSEC \Position Papers \LaBella \URS Contract Amend 11- 19- 09.doc POSITION PAPER Board Meeting Date: November 19, 2009 subject. AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING AGREEMENT WITH URS FOR PROFESSIONAL ENGINEERING SERVICES FOR THE ALTERNATIVE ENERGY AND GREENHOUSE GAS REDUCTION PLAN, DISTRICT PROJECT 7256 Due to the amount of natural gas combusted in the Treatment Plant, which places the District in the large stationary combustion source category (> 25;000 MT CO2e) and our on -site cogeneration capabilities (greater than 1 MW), the District has been subjected to mandatory GHG emission inventory reporting since calendar year 2008 and will fall within a capped sector, subject to GHG reduction on the order of 30% by 2020. Because of the limited options for reducing GHG emissions within the District's current operation, staff initiated the Alternative Energy and Greenhouse Gas Reduction Plan project in 2007 to help ensure that the District would be well - positioned to comply with AB 32. In August 2008, staff sent a request for Statements of Qualification (SOQ) to 12 engineering firms in Northern California. After a thorough review of the six SOQs received by the District, staff sent a formal Request for Proposal to three firms: Carollo Engineers, HDR and URS. In November 2008, District staff conducted a formal interview process of the three proposing firms and staff selected URS to assist the District in developing the tools and performing the analyses necessary to diversify our energy portfolio to comply with AB 32. Because the development of GHG regulations was in preliminary stages, staff decided in May 2009 to enter into a $40,000 contract with URS to develop a pilot GHG evaluation model and refine the project scope. Staff has been pleased with the URS effort to date on the model and the GHG regulations have developed to a point where a detailed scope of work can be developed. Staff is coming to the Board at this time with the complete scope of work and budget for the Greenhouse Gas Reduction Plan. To date, URS has successfully completed a draft GHG /energy model in Microsoft Excel that gives District staff an important and useful tool to evaluate an array of energy and GHG impacts in the treatment plant using different operating parameters, such as modifying and /or eliminating cogeneration output, improving the wet scrubber efficiency on our incinerators, gradually replacing our landfill gas supply with natural gas, etc. In evaluating the options for powering our treatment plant while complying with AB 32, URS will evaluate non fossil -fuel derived power sources that will emit no or less GHG. Those other power sources will include: solar, biodiesel, food waste /FOG /biosolids handling (using either incineration or digestion), improved cogeneration and low -head hydro power. Additionally, URS will evaluate the purchase of green grid power and GHG compliance offsets /allowances as a strategy for complying with AB 32. Staff has concluded that the proposed agreement is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15262, since it involves planning tasks for possible future actions, which the District has not approved, adopted or funded, and the outcomes of these tasks will not have a legally - N: \ENVRSEC \Position Papers \LaBella \URS Contract Amend 11- 19- 09.doc POSITION PAPER Board Meeting Date: November 19, 2009 subject. AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING . AGREEMENT WITH URS FOR PROFESSIONAL ENGINEERING SERVICES FOR THE ALTERNATIVE ENERGY AND GREENHOUSE GAS REDUCTION PLAN, DISTRICT PROJECT 7256 binding effect on later activities. Approval of this agreement will establish the Board of Directors' independent finding that this project is exempt from CEQA. The District will conduct an environmental evaluation of any capital project that is proposed in the future as a result of these studies to determine the appropriate CEQA compliance documentation. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an amendment to an existing Professional Services Agreement with URS in the amount of $195,000 to increase the cost ceiling from $40,000 to $235,000 for the Alternative Energy and Greenhouse Gas Reduction Plan, DP 7256. N: \ENVRSEC \Position Papers \LaBella \URS Contract Amend 11- 19- 09.doc AB 32 Update and 8a. November 19, 2009 AB 32 ■ Signed into law September 2006 ■ Greenhouse Gas (GHG) Reductions ■ 30% statewide reduction by 2020 ■ 80% statewide reduction by 2050 ■ Assigned CA Air Resources Board (CARB) to write and adopt the corresponding regulations by January 1, 2012 1 CARB's Approach to AB 32 • Cap emissions from major stationary. sources (2012) • Improved energy utilization for area sources (2015) ■ Volunteer measures by uncapped sectors CCCSD's Treatment Plant Falls into a Capped Sector ■ On -site cogeneration ( >1 MW or >2,500 MT CO2eq) ■ Large stationary combustion source ( >25,000 MT CO2eq) 2 T As a Capped Sector • Required to submit GHG emission inventories beginning with calendar year 2008 • Will receive a mandatory cap in 2012, setting a limit on GHG emissions • Will receive subsequent GHG reduction milestones in 2015 and 2018 (totaling -30% between 2012 and 2020) CCCSD's 2008 GHG Inventory Reported to CARB • Natural gas combustion - 249755 MT CO2eq ■ Cogeneration = 19,720 MT CO2eq • Landfill gas combustion.- 14,389 MT CO2eq • Biosolids combustion - 22.405 MT CO2eq • Total direct GHG emissions = 61,549 MT CO2eq • Total indirect GHG emissions' = 1,913 MT CO2eq 1 Indirect GHG emissions are the GHG emissions associated with our grid power purchases. 3 Options for AB 32 Compliance ■ Modify operations • Energy efficiency measures • Modify energy portfolio ■ Cap & Trade System AB 32 Unknowns • What will CCCSD's cap be set at? • How will Cap & Trade work? • Will landfill gas and biosolids be considered as green fuels? • How will reduction milestones be set to . meet the 30% reduction by 2020? • Will combined heat and power processes (like our cogeneration facility) benefit? • Is it possible to get out of a capped sector? 4 1. 0 CCCSD's Alternative Energy /GHG Reduction Plan Project ■ Initiated in 2007 to evaluate CCCSD impact ■ Determined need for alternatives analysis and a tool for deciding how to deal with: ■ Cogeneration ■ Future increases in energy demands • Nitrification /nutrient removal regulations • Incinerator regulations (112 vs. 129) • Population growth • Increased recycled water production Consultant Assistance ■ After formal process, URS selected ■ 15t Phase Scope of Work ■ Develop a GHG model of treatment plant ■ Refine scope for remaining work ■ 2 "d Phase Scope of Work ■ Recommended Power Portfolio for complying with AB 32 ■ Alternative Energy Study 5 Alternative Energy Study ■ Will include a look at: ■ Solar ■ Biodiesel • Algae • Food waste/ FOG/ biosolids handling • Improved cogeneration • Low -head hydro • Green.power purchase • Cap & Trade System In Conclusion... Staff recommends that the Board Authorize the General Manager to execute an amendment to an existing Professional Services Agreement with URS in the amount of $195,000 to increase the cost ceiling from $40,000 to $235,000 for the Alternative Energy and Greenhouse Gas Reduction Plan, DP 7256. 3