HomeMy WebLinkAboutBOARD MINUTES 05-18-17 i nt�
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Protectingpublic health and the environment 5019 Imhoff Place,Martinez, CA 94553-4392
MINUTES* BOARD OF DIRECTORS:
PAUL H CA USEY
Prevident
REGULAR BOARD MEETING JAMESA NEJEDLY
President Pro Tern
Board Room MICHAEL R MCGILL
Thursday, May 18 2017 TAD J PILECKI
v , DAVID R WILLIAMS
1:30 p.m.
Open Session -- Board Room
(video recorded)
1. ROLL CALL
A regular meeting of the Board of Directors was called to order by President Causey
at 1:34 p.m. Secretary of the District Elaine Boehme called roll.-
PRESENT.- Members: McGill, Nejedly, Pilecki, Williams, Causey
ABSENT.- Members: None
2. PLEDGE OF ALLEGIANCE
The Board, staff and audience joined in the Pledge of Allegiance.
INTRODUCTIONS
• Chris Maze, Maintenance Crew Member I in the Collection System Operations
Department, Operations Division, effective May 8, 2017.
BOARD ACTION: Welcomed Mr. Maze.
4. PUBLIC COMMENT PERIOD
No comments.
. REQUESTS TO CONSIDER MATTERS OUT OF ORDER
None.
These summary minutes are supplemented by a corresponding video recording available on the District's
website at centra lsan.org.
Book 65— Page 196
CENTRAL CONTRA COSTA SANITARY DISTRICT
May 18, 2017 Board Meeting Minutes—Book 65-Page 197
0. AWARDS AND PRESENTATIONS
a. Presentation by Ed O'Brien, President of California Water Environment
Association (CWEA) San Francisco Bay Section, of the following CWEA
State-level awards given to Central San at the April 28, 2017 CWEA
Conference:
First Place:
- Plant of the Year (Large)
- Film Festival Training Video of the Year— Semi Professional (Aeration
Turbine Startup training video)
- Safety Program of the Year
- Film Festival Training Video of the Year—Amateur (DAF Thickener
Shutdown Procedure training video)
- Photo of the Year (wet weather pump pipe replacement)
- Gadgets and Gizmos of the Year
Second Place:
- Film Festival, Public Education — Semi Professional (Maintaining the Flow
video)
Third Place:
Community Engagement & Outreach Project of the Year (70t" Anniversary
Community open House) -
Collection System of the Year (Large)
BOARD ACTION: Mr. O'Brien presented the awards to President Causey.
b. Presentation of the 2017 Award of distinction-Excellence in Communications
from the California Association of Public Information Officials (CAPIO) for the
District's Lateral Connection employee newsletter.
BOARD ACTION: Communications and Intergovernmental Relations
Manager Emily Barnett will present the award to President Causey.
C. View new Central San public service video re overflow protection devices
(OPDs) named "OPD Superhero."
BOARD ACTION: Viewed the video.
d. Acknowledge efforts of IT staff in responding to April 21, 2017 server outage.
BOARD ACTION: President Causey acknowledged the IT staff
contributions.
CENTRAL CONTRA COSTA SANITARY DISTRICT
May 18, 2017 Board Meeting Minutes—Book 65-Page 198
7. CONSENT CALENDAR
a. Approve minutes of Board meetings held on the following dates:
1) May 4, 2017 (Regular); and
2) May 9, 2017 (Special — Central San Academy Graduation).
b. Award a construction contract in the amount of$555,000 to D. W. Nicholson
Corporation, the lowest responsive and responsible bidder for the Treatment
Plant Energy— Cogeneration Unit Optimization, District Project 7320; find that
the project is exempt from California Environmental Quality Act (CEQA);
authorize the General Manager to execute the contract documents subject to
submittal requirements and include up to 10 percent contingency; and
authorize the General Manager to amend an existing agreement with Carollo
Engineers (Agreement 044520) increasing the cost ceiling from $120,000 to
$210,000 to provide as-needed construction support services for the project.
Approval recommended by Engineering & Operations Committee.
C. Grant bid relief to Bay Pacific Pipelines Inc. for construction of the Martinez
Sewer Renovations, Phase 5, District Project 8437 and direct staff to return
their bid bond; award a construction contract in the amount of$3,018,040 to
K. J. Woods Construction, Inc., the next lowest responsive and responsible
bidder for the project; find that the project is exempt from CEQA; and
authorize the General Manager to execute the contract documents subject to
submittal requirements and include up to 10 percent contingency. Approval
recommended by Engineering & Operations Committee.
d. Adopt Resolution Nos. 2017--14 throu h 2017--016 accepting grants of
easement from Rose Rangel TRE, The Shirk Living Trust, and Stephen A.
Hamill, TRE, et al. related to the Martinez Sewer Renovation Project,
Phase 5, District Project 8437; adopt Resolution No. 2017-017 authorizing the
execution of a quitclaim deed-easement to Stephan A. Hamill, TRE, et al.;
and authorize staff to record documents with the Contra Costa County
Recorder.
e. Rescind prior award to Breneman, Inc. for District-Wide Patch Paving and
authorize release of the bid security provided by Breneman; award a contract
in the amount of$1'19,601 to Morgan-Bonanno Development, Inc., the
second lowest responsive and responsible bidder for District-Wide Patch
Paving; authorize the General Manager to execute the contract documents
subject to submittal requirements; and authorize the General Manager to
extend the contract up to a total of five years for the amount of$598,005 not
including Consumer Price Index (CPI) adjustments. Approval recommended
by Engineering & Operations Committee.
f. Authorize the General Manager to enter into a professional services
agreement with Michael Willis Architects (MWA Architects) in an amount not
to exceed $400,000 for architectural services for public facilities and security
CENTRAL CONTRA COSTA SANITARY DISTRICT
May 18, 2017 Board Meeting Minutes—Book 65-Page 199
improvements at the Martinez campus, including relocation of the server
room. Approval recommended by Engineering & Operations Committee.
g. Authorize the General Manager to agree to purchase natural gas through an
existing service agreement with Shell Energy North America, LP, for the
period January 1, 2019 through December 31, 2019 up to 1,000 decatherms
per day at a price not to exceed $4.25 per decatherm, not including
transportation service costs. Approval recommended by Engineering &
Operations committee.
h. Approve updated salary schedule for all Central San job classifications
effective April 18, 2017 to meet disclosure requirements of a "publicly available
pay schedule" under Public Employees' Pension Reform Act (PEPRA).
Member Pilecki pulled Items 7.b. and 7.c. for discussion and President Causey pulled
item 7.f President Causey also requested that Item 7.c. be heard together with
Item 8.a.
BOARD ACTION: Motion was made by Member Williams and seconded by
Member Nejedly to adopt the Consent calendar as recommended, except for
Items 7.b., c. and f. Motion passed by unanimous vote of the Board.
With regard to Items 7.b. and 7.c., Member Pilecki pointed out that the method of
calculating construction costs appears to have been changed on both these projects
from that historically used. He said he prefers the old method for consistency of
data tracking. Member Williams concurred.
General Manager Roger S. Bailey explained that the new method enables one to
more clearly distinguish the hard costs from the soft costs of a project and noted that
the change had no bearing on the policy issues before the Board at this meeting.
1-laving said that, he said staff will change back to the previous system for future
projects.
BOARD ACTION: Motion was made by Member Williams and seconded by
Member Nejedly to adopt Item 7.b. as recommended. Motion passed by
unanimous vote of the Board.
with regard to item 7.f., President Causey stated that the Engineering & operations
Committee made note that only one of the projects covered under the proposed
agreement (server room relocation) for architectural services has been approved by
the Board as it is part of the Fiscal Year 2018-17 Capital Improvement Budget (CIB);
the remaining projects have not been approved since they are part of the upcoming
CIB. He said approval of the agreement should be contingent upon Board approval
of the remaining projects.
District Counsel Kent Alm said the scope of work in the agreement could set forth
such a contingency. He also noted that in the case of multiyear contracts, they can
CENTRAL CONTRA COSTA SANITARY DISTRICT
May 18, 2017 Board Meeting Minutes---Book 65-Page Zoo
be contingent upon subsequent years'budget approval, although the District has
never included such contingencies in past agreements.
BOARD ACTION: Motion was made by Member Williams and seconded by
Member McGill to adopt consent calendar Item 7.f. contingent upon
authorization of the remaining four projects. Motion passed by unanimous
vote of the Board.
President Causey stated that Consent Calendar Item 7.c. would be heard together
with Item 8.a.
8. OTHER BOARD ACTION ITEM
a. Award a construction contract in the amount of$3,288,000 to K. J. Woods
Construction, Inc., the lowest responsive and responsible bidder for the
Lafayette Sewer Renovations, Phase 11, District Project 8430; find that the
project is exempt from CEQA; authorize the General Manager to execute the
contract documents subject to submittal requirements and include up to
5 percent contingency. Reviewed by Engineering & operations Committee.
Capital Projects Division Manager Edgar Lopez reviewed the presentation for
Item 8.a. included with the agenda materials. In response to a question from
Member Williams, Mr. Lopez noted that the project scope includes upsizing
certain pipes from 8"to 8" which is the District standard.
President Causey expressed concern that the combined bids for Items 7.c.
and 8.a. are $1.2 million over budget and, with more projects to follow that are
of a similar nature, he is concerned that some of the projects will have to be
scaled back. If that becomes necessary, some critical projects may be
delayed. He suggested that in view of the changing bid climate staff should
review its bidding processes to evaluate whether any changes might be in
order to reduce overall project costs and improve efficiencies. He suggested
the possibility of waiting until September or October to bid projects in the
hope of getting lower bids.
Mr. Lopez remarked that the projects are prioritized to address the most critical
sewer lines and it is very difficult to remove anything already in the queue. He
also showed historical project statistical data which illustrated that timing of
bidding and awards do not appear correlated to bid amounts. The economy
appears to have had a more direct impact on bid pricing.
President Causey asked if KJ woods Construction, Inc., the lowest
responsible and responsive bidder for both the Martinez Sewer Renovations,
(Phase 5) and Lafayette Sewer Renovations (Phase 11), is capable of
handling both projects simultaneously. Mr. Lopez said staff has begun
discussions with the contractor on that subject and Mr. Alm noted that legal
remedies are available should any significant issues arise.
CENTRAL CONTRA COSTA SANITARY DISTRICT
May 18, 2017 Board Meeting Minutes—Book 65-Page 201
Member Williams expressed concern about President Cause 's suggestion
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regarding bid timing, noting that it can be like trying to time the stock market.
He said he was comfortable with staff using its best judgment in terms of the
bidding process. Finally, with regard to the bids for these tworo ects coming
p J g
in over the Engineer's estimate, he said that because of the long lead time for
planning capital projects, staff goes into this process knowing full well that
some projects will be underbid and some will be overbid.
Member Pilecki stated that a tremendous amount of capital dollars has been
saved in recent years when the estimates came in under budget. Even
though these two projects exceed the budget, he was comfortable with the
staff recommendation to proceed.
Member Nejedly expressed deep frustration with what he perceives as the
.
tendency of the Board to inhibit the work of staff by continuousl negating
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their efforts. In response to a question from Member Nejedly, Mr. Lopez said
p
staff has spent roughly half a million dollars in pre-bid work on the Lafayette
. Y
Sewer Renovation project. Member Nejedly said it is not the Board'sjob to
.
suggest how staff does its work. It should be sufficient that staff has identified
these projects as needing to be done. By continuously questioning the work
of staff, the Board is interrupting their process, and essentially trying t n to do the
job of the General Manager. While he was not happy the bids for these two
projects exceed the staff estimates, he said he would be voting in favor of
both.
Member McGill said he generally agreed with Member Nejedly, to which
.
Member Nejedly said the Board keeps saying that, but thus far the Board
Memb ers'a ctions do not match their words.
BOARD ACTION: With regard to Consent Calendar Item 7.c., motion
was made by Member Nejedly and seconded by Member McGill to grant
bid relief to Bay Pacific Pipelines Inc. for construction of the Martinez
Sewer Renovations, Phase 5, and direct staff to return their bid bond;
find that the project is exempt from CEQA; award the construction
contract to the next lowest bidder, K. J. woods Construction, Inc.; and
authorize the General Manager to execute the contract documents as
recommended. Motion passed by the following vote of the Board:
AYES: Members: McGill, Nejedly, Pilecki, Williams
NOES: Members: Causey
ABSTAIN: Members: None
BOARD ACTION: with regard to Item 8.a., motion was made by Member
Williams and seconded by Member McGill to find that theJro'ect is
p
exempt from CEQA; award the construction contract for the Lafayette
Y
Sewer Renovations, Phase 11, to K. J. woods Construction, Inc.; and
authorize the General Manager to execute the contract documents as
recommended. Motion passed by the following vote of the Board:
CENTRAL CONTRA COSTA SANITARY DISTRICT
May 18, 2017 Board Meeting Minutes--Book 65-Page 202
AYES: Members: McGill, Nejedly, Pilecki, Williams
NOES: Members: Causey
ABSTAIN: Members: None
9. LEGISLATIVE MATTERS
a. Receive update on pending legislative matters and provide direction on
priority legislation.
Ms. Barnett reviewed the Priority Legislation Tracking Sheet Included with
the agenda materials, stating that Board direction was requested with regard
to the positions to be taken by Central San on Item No. S (SB 100) and
Item No. 7 (SB 231).
BOARD ACTION: It was the consensus of the Board Members to
support SB 100.
BOARD ACTION: Motion was made by Member Williams and seconded
by Member Pilecki to support SB 231. Motion passed by unanimous
vote of the Board.
10. REPORTS AND ANNOUNCEMENTS
a. General Manager
} Rep
o its
a} Presentation on Strategic Plan Fiscal Year 2015-17 Current
Year Achievements.
Deputy General Manager Ann Sasaki reviewed the presentation
included with the agenda materials.
BOARD ACTION: Received the presentation.
b} Receive District Budget for Fiscal Year 2017-18. Operations
and Maintenance portion reviewed by Finance Committee;
Capital portion reviewed by Engineering & Operations
Committee.
Director of Finance and Administration Phil Leiber and Capital
Projects Division Manager Edgar Lopez reviewed the
presentation included with the agenda materials.
Member Pilecki reiterated the point he made at the May 9, 2017
Engineering & operations Committee meeting that some of the
contracts in the Fiscal Year 2017-18 Budget will obligate the
CENTRAL CONTRA COSTA SANITARY DISTRICT
May 18, 2017 Board Meeting Minutes--Book 65-Page 203
District in future years. He said he was uncomfortable making
such a commitment without a system in place for
encumbrances.
Mr. Bailey said that part of running the District is to assure that
recommended actions are consistent with industry best
practices. in this case, he said it is standard for projects to span
multiple years and there is nothing unique about the budget
methodology as proposed. Staff has done its best to indicate
the anticipated budget for each project in subsequent years but
it is difficult to know the exact numbers. For those projects
spanning multiple years, staff will include updated projected
figures in future year budgets.
Member Pilecki said his concerns would be alleviated if the
project contracts contained language that completion of the
project is contingent upon subsequent years'budget approval.
Member Williams asked if by approving $42 million capital
budget for next fiscal year, the Board is essentially committing
$347 million over the next five years.
Member McGill said things are always going to unfold
incrementally. He said he was comfortable with the amounts
budgeted by staff because they are consistent with the direction
given by the Board as the result of the most recent financial
planning workshop.
Mr. Bailey said the budget figures are consistent with the
Board's direction, and the projections over the first five years
are fairly firm. There is room for savings in the second five-year
period due to uncertainties such as digesters or gasification.
BOARD ACTION: Received the Central San Budget for
Fiscal Year 2017-18.
C) Update on 2010-17 Winter Storms Damage, including status of
sinkhole repairs in Central San's service area and lessons
learned from the Miner Road sinkhole in Orinda. [Continued
from May 4, 2017.]
Mr. Lopez and Risk Management Administrator Shari Deutsch
re vie wed the presentation included with the agenda materials.
BOARD ACTION: Received the update.
CENTRAL CONTRA COSTA SANITARY DISTRICT
May 18, 2017 Board Meeting Minutes—Book 65-Page 204
2) Announcements
a) Public bidding for Fire Protection System, Phase 2, District
Project 7322
b) Two employees to travel to Indiana and Ohio in May/June to
tour air pollution control equipment and solids handling facilities
c) Central San Blood Drive on May 31, 2017
d] Update on concerns expressed by William Vaughn during public
comment period at April 20, 2017 Board meeting
Mr. Bailey said he will be out of the office Monday through Wednesday
of next week.
BOARD ACTION: Received the announcements.
b. Counsel for the District— No report.
C. Secretary of the District
Ms. Boehme announced the following upcoming Committee meetings:
Administration-- Friday, May 26 at 3:00 p.m.
Real Estate, Environmental & Planning-- Monday, May 22 at 9.00 a.m.
d. Board Members
1) Committee Minutes
a) May 9, 2017 —Administration Committee — Member McGill and
Member Williams.
b) May 9, 2017 --- Engineering & Operations committee—
President Causey and Member Pilecki (Alternate).
BOARD ACTION: Received the committee minutes.
2) Reports and Announcements - Board Member reports on recent
meetings or conferences for which they received the stipend or for
which the District paid their expenses.
s
Member McGill
� May 4, 2017 — Contra Costa County Mayors Conference hosted
by the City of Walnut Creek.
CENTRAL CONTRA COSTA SANITARY DISTRICT
May 18, 2017 Board Meeting Minutes—Book 65-Page 205
■ May 15, 2017 — Board Liaison State of the District presentation
to the Pleasant Hill city council.
■ May 18-17, 2017 — California Special Districts Association
(CSDA) Legislative Days in Sacramento.
■ May 10, 2017 — Board Liaison State of the District presentation
to'the Walnut Creek City council.
•
May 18, 2017 — Industrial Association of Contra Costa County
(IACCC) Mayors Forum in Pleasant Hill.
Member McGill provided a written report covering his announcements
and other meetings.
Member Ne'edI -- No report.
Member Pilecki — No report.
Member Williams
■
May 8, 2017 — Board Liaison State of the District presentation to
the Lafayette City Council.
President cause
• May --10, 2017 Board Liaison Southern Area Briefing in San
Ramon.
BOARD ACTION: Received the reports and announcements.
3 Reguests for Stipend/Reimbursement or Conference Attendance --
Authorization to receive a stipend for meeting attendance or expense
reimbursement not specifically addressed in the current Board
Compensation Resolution, or authorization for conference attendance
not previously approved by the Board.
No requests.
11. EMERGENCY SITUATIONS
None.
12. REQUESTS FOR FUTURE AGENDA ITEMS
Alone.
CENTRAL CONTRA COSTA SANITARY DISTRICT
May 18, 2017 Board Meeting!Minutes—Book 65-Page 206
13. ADJOURNMENT
The meeting was adjourned at 4:30 p.m.
Paul H. Causey, P.E.
President of the Board of Dire ors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
�rn
Elaine R. Boehme, CMC
Secretary of the District
Central Contra Costa Sanitary District
Count] of Contra Costa, State of California