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HomeMy WebLinkAbout03.h. Authorize the Substitution of Bailey Fence Company, Inc. and BR Acoustical, Inc. subcontractors of AJR Door Service, Inc. and Daley's Drywall for the Fencing and Acoustical Ceiling Work on the CSOD Admin Facility DP 8208Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 18, 2010 No.: 3.h. Consent Calendar Type oiAction: AUTHORIZE SUBSTITUTION subject: AUTHORIZE THE SUBSTITUTION OF BAILEY FENCE COMPANY, INC. AND BR ACOUSTICAL, INC., THE LISTED SUBCONTRACTORS, WITH AJR DOOR SERVICE, INC. AND DALEY'S DRYWALL FOR THE FENCING AND ACOUSTICAL CEILING WORK ON THE CSOD ADMINISTRATION, CREW, AND WAREHOUSE FACILITY, DISTRICT PROJECT 8208 Submitted By: Initiating Dept./Div.: Paul Seitz, Associate Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: P~ ~ P. Seitz T.~ilecki A. Farre K. Alm es M. ly, ~era- 9 ISSUE: Bobo Construction, Inc., general contractor, has requested substitution of a subcontractor listed on its bid for the CSOD Administration, Crew, and Warehouse Facility, District Project 8208. Board of Directors' authorization is required for the substitution. RECOMMENDATION: Authorize substitution of the fencing and acoustical ceiling subcontractors on the CSOD Administration, Crew, and Warehouse Facility, DP 8208. FINANCIAL IMPACTS: The proposed substitution will not result in any additional cost to the District. , ALTERNATIVES/CONSIDERATIONS: Bobo Construction, Inc. informed the District that, due to a clerical error, their subcontractors were listed incorrectly. Under California Public Contract Code, Section 4107, substitution of a listed subcontractor is permitted due to clerical errors. The awarding authority must consent to the subcontractor substitution to effect the change. BACKGROUND: Bobo Construction, Inc. listed Bailey Fence Company, Inc. as its subcontractor for the fencing work on its bid proposal to the District for the CSOD Administration, Crew, and Warehouse Facility Project, DP 8208. This listing was made in error. During the bid process, Bobo Construction, Inc. used the cost supplied to them by AJR Door Service, Inc. and did not change the name of the company in the bid documents. The value of Bailey Fence Company, Inc.'s work was $12,000, which is below the statutory threshold for listing of subcontractors. `Since the listing of Bailey Fence N:\PESUP\Cbradley\POSITION PAPERS\Sei~\8208-Substitute Bailey PP.doc Page 1 of 2 POSITION PAPER Board Meeting Date: February 18, 2010 subject. AUTHORIZE THE SUBSTITUTION OF BAILEY FENCE COMPANY, INC. AND BR ACOUSTICAL, INC., THE LISTED SUBCONTRACTORS, WITH AJR DOOR SERVICE, INC. AND DALEY'S DRYWALL FOR THE FENCING AND ACOUSTICAL CEILING WORK ON THE CSOD ADMINISTRATION, CREW, AND WAREHOUSE FACILITY, DISTRICT PROJECT 8208 Company was not required by law, there is no legal basis for the District to object to this substitution. In addition, Bobo Construction, Inc. listed BR Acoustical, Inc. as its subcontractor for the, acoustical ceiling portion of the project. Refusal of a listed subcontractor to enter into a contract on the terms provided in its quote constitutes a legal basis for a substitution of a listed subcontractor. BR Acoustical made a mathematical error in their quote and wishes to be removed from the project, and will not sign the Contract. The value of BR Acoustical's work was $65,000. Under these circumstances, Bobo Construction, Inc. now seeks Board approval to contract with AJR Door Service, Inc. and Daley's Drywall to supply the necessary equipment, materials, and labor to complete the fencing and acoustical ceiling work. Under California Public Contract Code, Section 4107, substitution of a listed subcontractor is permitted only in certain situations, including situations where a clerical error was made or a subcontractor refuses to proceed with the work. District staff received a letter of request from Bailey Fence Company, Inc. (Attachment 1) and BR Acoustical, Inc. (Attachment 2) for subcontractor substitution by Bobo Construction, Inc. District staff has advised them of the requirement to notify the District in writing within five (5) working days of any objections to the substitution; no objections have been received. District staff also received a letter from Bobo Construction, Inc. confirming Bailey Fence Company, Inc. and BR Acoustical, Inc.'s requests for substitution (Attachment 3). District Legal Counsel has reviewed this issue and concurs that the requested substitution should be granted. RECOMMENDED BOARD ACTION: Authorize the substitution of the listed subcontractors, Bailey Fence Company, Inc. and BR Acoustical, Inc., with different; subcontractors, AJR Door Service, Inc. and Daley's Drywall, for the fencing and acoustical ceiling work for the CSOD Administration, Crew, and Warehouse Facility, District Project 8208. N:\PESUP\Cbradley\POSITION PAPERS\Seitz\8208-Substitute Bailey PP.doc Page 2 of 2 ATTACHMENT 1 BAII.EY FENCE COMPANY, INC. 3208 Haumberg Avenue. Hayward, California 94545 ~ (510) 783-2980 Fax (510) 783.2989 CA License #498661 7xtu~zltq~ ~c 7netdl~lor~ January 29, 2010 BOBO Construction, Cnc. 9728 Kent Street EIk Grove, Ca 95624 Attention: Travis Baker Subject: CSOD Admin/Crew Warehouse Travis, Bailey Fence Co. has no objection to being substitute for the ornamental iron fencing portion of the project. if you have any questions please do not hesitate to give me a call. Thank you, peal Berg Sales Engineer Z 'd 9S9c'~N :~ a~~aj ~a,'~9 NJU9E~a ~JIOl '6Z'~F~, ~ec.29• 2CG'9 ":Q4Aiv1 ATTACHMENT2 Va.72EI F. 2 R • /~ I zn sio9 0005 Auburn $)vd, Suite 140 Citrus Heir}t;s, CA 95621 Office 91G-?29-1940 /Fax 916•??9.594;, Contraaon Licanu k 817340 Inc. BOBO Construction, Inc. 9728 Kent Street Elk CYrove, CA 95624 ATTN. Chris Baker RE: C5O17 Administration, Crew. and Warehouse I'scility 50191m1,off Place :Martinez, CA 94553 To whom it may concern, BR Acoustical would like to be released from this project as a mathematical error was made at the time proposal wa,. prepared. The quote. for the project was incvmct as an item never got moved to the addition column. Please accept our sincere; apology regarding this error, Sincerely, C~~c1~c Bret Rapozv Presideut ATTACHMENT 3 8080 CONSTRUCTION, INC. 9728 KENT STREET, ELK GROVE, CALIFORNIA, 9562.4 PHONE 916-685-2285 FAX 916-685-7373 Thursday, January 28, 2010 Mr. Paul Seitz Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, Ca 94553 RE: General Document Number GEN-004 CSOD Administration, Crew and Warehouse facility - 8208 Dear Mr. Seitz, Please be advised that we wish to substitute Bailey Fence Company, 3205 Baumberg Ave. Hayward, Ca 94545 with AJR Door Service Inc 3518 Arden Rd. Hayward, Ca 94545. We have confirmed with Bailey Fence Company that this is acceptable. This is due to a clerical error. Also BR Acoustical, Inc 6005 Auburn Bd, suite 140 Citrus Heights, Ca 95621 would like to be removed from the project due to a clerical error that they made. We would like to substitute them with Daley's drywall 960 Camden ave. Cambell, Ca 95008. Respectfully, l Chris Baker 5.a.1) Annual Update on CCCSD's Pollution Prevention Program Melody LaBella February 18, 2010 Presentation Overview ^ CCCSD's Pollution Prevention (P2) Program ^ Priority Pollutants of Concern ^ 2009 P2 Report Highlights ^ What's New for 2010? ^ Acknowledgements i 1 CCCSD's P2 Program ~ ~ ~ ^ HHW Collection Program ^ Source Control Program ^ Community Outreach ^ Collaborative Partnerships ^ Local, regional, statewide and national Priority Pollutants ^ Mercury ^ Cyanide ^ Dioxin ^ Copper ^ Acrylonitrile ^ Lead ~,~ k H ^ Fats, oils & grease (FOG) 2 2009 P2 Report Highlights HHW Collection Program. ^ Collected -1.8 million Ibs of HHW ^ Collected over 280 Ibs of mercury wastes ^ 283,000 feet of fluorescent lamps (up 12%) ^ 1,153 thermometers ^ Collected over 60,000 Ibs of biocides ^ Collected over 2,200 gallons of cooking fats/oils ^ Expanded pharmaceutical collection program from 3 to 7 sites in our service area ^ Collected 4,700 Ibs of unwanted pharmaceuticals 3 ~~ °~ Source Control Program ^ Continued our Industrial Users Academy to assist businesses with compliance ^ Continued implementing our Mandatory Dental Amalgam Program with 100% compliance ^ Visited 137. dental offices ^ Continued our High School Mercury Minimization Program - 8 schools to be recognized ^ Conducted our 17t" Annual P2 Awards ^ Completed and began distribution of a factsheet on the proper disposal of pharmaceuticals -, Community Outreach ~ . ~ a ~~ ~~ ^ Included several P2 and "green" articles in the 3 issues of the Pipeline mailed to all customers ^ Distributed over 5,000 publications ^ Reached -over 8,000 students through our various student education programs ^ Conducted plant tours for 324 people ^ Continued educating employees-about P2 ^ Lateral Connection & 2009 P2 Calendar 4 L~ f. ti~ Collaborative Partnerships ~ ,f ~r ^ Contra Costa Master Gardeners ^ IPM messages to -2,000 people ^ Contra Costa Green Business Program ^ 28 new businesses certified (258 total) ^ Bay Area Pollution Prevention Group (BAPPG) ^ Regional outreach to dental assistants/hygienists on the importance of dental amalgam BMPs ^ Regional No Drugs Down the Drain Campaign conducted during P2 Week - 3,720 Ibs collected What's New for 2010? ~- ,, ^ Work with the Contra Costa Clean Water Program to ensure our standards are met for stormwater diversions required by the newly-adopted Municipal Regional Permit ^ Residential FOG pilot study ^ Targeted outreach on proper FOG disposal and subsequent evaluation of downstream sewer conditions ^ Added pyrethroid pesticides as a pollutant of emerging concern in our 2010 P2 Plan s Acknowledgements ^ P2 Small Workgroup ^ Guidance & Input ^ Colleen Henry ^ Steve Linsley ^ Bonnie Lowe ^ Doug Craig ^ Bhupinder Dhaliwal ^ Ann Farrell ^ Tim Potter ^ David Wyatt ^ Jim Kelly ^ Michael Scahill ^ Curt Swanson 6 Item No. 5.a.2 Alternatives fora Contractual Assessment District (CAD) Program Curtis Swanson February 18, 2010 `-I-.y CAD History . C CAD Program from 1997 to 2004 > Budget was $1,000,000 per year. > Funded 23 CADs at a cost of $3.63 million. > Outstanding principal: $1.12 million. > 2009-10 payments: $307,000. > 224 connections AVADs since 2007 for the Alhambra Valley > Financed six AVADs at a cost of $1.53 million. > Annual payments: $156,000. > Future AVADs will continue to be approved individually by the Board. > 63 connections z '~~---; Potential CAD Projects ~, ^ Significant Interest > Sunnybrook Road, Alamo ($150,000) • 15 potential connections ^ Lesser Interest Cordell/Harper Lane, Danville ($1,100,000) • 66 potential connections > La Sonoma Way, Alamo ($150,000) • 13 potential connections Jackson Way, Alamo ($650,000) • 38 potential connections : Six other areas in Orinda, Lafayette & Walnut Creek ($2,000,000) • 105 potential connections ,=~_. CAD Program Elements C a Before a CAD program resumes, should consider: . Funding source and level . Financing terms and length . Program rules 4 . 2 CAD Program Funding Options i ~. j s District Reserves : Used for previous CADS. : Return on investment is attractive. Bonds : Local Improvement Districts. i : High upfront administrative costs. :Typically not economical for projects less than $1.0 Million. Loans (to District) : Obtain loans from banks. : Have not used yet. . Combination of Loans & Reserves : Could use District reserves up to an amount set by Board. : Use loans for CADs above that amount. s rte- Impact on Capital Budget & Reserves .~ _~ ~_ ._ ~u. ~~,.~ . CCCSD has reduced Capital Budget due to reduced revenues. . Portion of ad valorem taxes borrowed by the state. . Recent bond sale for capital projects. Reserves may be needed for projects and cash flow. 6 3 ,~ CAD Program Rules (1997-2004) ____.. _~_w~.__ _ Minimum of 5 properties to initiate a CAD. . 60% of properties must have existing homes. Maximum of 2 dwellings owned on a CAD participant parcel. . CADs must be approved by the Board within 18 months of initiation. . Interest rate is LAIF rate plus 1 % or 6%, whichever is greater. Financing is over 10 years. Participants pay for non-participants' share of costs. ~=,e~ Facilities Eligible for CAD Financing ~:, ~~~, 4 ~~. .. ~~~.__ ... a . Eligible Costs Design and right-of-way costs. II :Construction of public sewer and lower lateral. ~ Inspection fees. . Non-Eligible Costs `CCCSD sewer capacity and annexation fees. Upper lateral costs. 8 4 Staff Recommendation ~; ~_ _. e ,~ ______.______~_____ . Fund CAD Program using loans instead of District reserves. . Use previous rules: Finance over 10 years. Minimum of 5 properties; 60% developed. Maximum of 2 dwellings on same property. . Allow CCCSD Capacity Fee to be financed. 9 Next Steps . Provide guidance to staff on program financing and rules. . If loans are preferred, direct staff to seek loan proposals. . Staff would prepare a position paper for future Board consideration. io 5 S ~-~~ Central Contra Costa Sanitary District February 18, 2010 TO: HONORABLE MEMBERS OF THE BOARD VIA: JAMES M. KELLY, GENERAL MANAGER ~~~`''" ) FROM RANDALL MUSGRAVES, DIRECTOR OF ADMINI//STRATION /"'~/a SUBJECT: CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION (CCCERA) FEBRUARY 10, 2010 BOARD MEETING SUMMARY At the CCCERA Board meeting, they adopted acost-of-living adjustment (COLA) of 2.5% as of April 1, 2010, Agenda Item #Ei. Attached is the memo from their Actuary, the Segal Company, discussing the calculation. Also at that meeting, the Board directed their legal Counsel, to modify the attached CCCERA policy, Agenda Item #10, for new employees defining "compensation" for retirement purposes to include pay items for the following: 1. Earned and, 2. payable in cash, 3. to the employee, 4. during service, 5. in the "final compensation" period. CCCERA's legal Counsel provided examples of the impact, also attached. The definition of new employee was to be clearly defined by Counsel with an understanding that the employers have an opportunity to provide comment at the public Board meeting when it returns. H:\General Manager's DirectoryVdemos\Committee\2009\B&F Memo on February 10th CCCERA Meeting RMM.doc '~SEGAL THE SEGAI. COMPANY 100 Montgomery Street, Suite 500 San Frandsco, CA 94104.4308 T 415.263.8260 F 415.263.8290 www.segalCO.cOn1 January 22, 2010 Ms. Marilyn Leedom Chief Executive Officer JAN 2 5 2010 METING (DATE FF.B 1 (i ~nln AGENDA ITEM John W. Monroe, ASA, MAAR Vice President & Associate Actuary jmonrce ~ segako.com Contra Costa County Employees' Retirement Association 1355 Willow Way, Suite 221 Concord, CA 94520 Re: Contra Costa County Employees' Retirement Association Cost-of-Living Adjustments (COLA) as of April 1, 2010 Dear Marilyn: We have determined the cost-of-living adjustments for the Association in accordance with Sections 31870.1 and 31870.3, as provided in the enclosed exhibits. The cost-of--living factor to be used by the Association on April 1, 2010 is determined by comparing the December CPI for the San Francisco-0akland-San Jose Area (with 1982-84 as ., the base period) in each of the past two years. The, ratio of the past two December indices, 224.239 in 2009 and 218.528 in 2008, is 1.0261. The County Law sections cited above indicate that the resulting percentage change of-2.61% should be rounded to the nearest one-half percent, which is 2.5%. Please note the above cost-of-living adjustments calculated using established procedures for CCCERA may result in adjustments different from. those calculated using alternative procedures by other systems. , The actual cost-of-living adjustment is dependent on tier and date of retirement. The CPI adjustment to be applied on April 1, 2010 is provided in Column (4) of the enclosed exhibits. The COLA bank on April 1, 2010 is provided in Column (5). Please give us a call if you have any questions. Sincerely John Monroe DIVA/hy Enclosure soss9es~lrosaa~.oo1 Benalife, Compeneatlon and MR Consulling ATLANTA BOSTON CALOARV CHICAGO CLEVELAND DENVER HARTFORD 110USTON LO$ ANGELES MINNEAROI.IS MONTREAL NEW ORLEANS NEW YORK PHILADELPHIA PHOENIK PRINCETON RALEIGH SAN FRANCISCO iORONTp WASHiNOTON, DC 4~j G MUIHnaflona! Group of ACtWlfaO and Consultants BRUSSELS DUBLIN GENEVA HAMBURG AHANNESBUPO LONDGN MELBOURNE NEW YORK ~4 ~ PARIS STOCKHOLM iOKVO TORONTO UTRECHT 1~MO ~~B i i- ?n,tft Date: February 10, 2010 ~4iu~ ~r~ To: Board of Retirement ~ 1 U From: .Marilyn Leedom, Retirement Chief Executive Officer Subject: Pay items considered "Compensation" for Retirement Purposes New Hires At the Board meeting on January 27, 2010, the Board scheduled an agenda item for the February 10, 2010 meeting, as follows: Consider and take possible action regarding elements of pay to be considered in final compensation for the calculation.of retirement benefits for new hires. At the February 10, 2010 meeting, the Board will consider, for new hires only, potential changes to its Policy for Determining Which Pay Items are "Compensation" for Retirement Purposes (attached) regarding some or all of the following elements of pay: 1. The amount of vacation, sick, administrative, holiday and other leave credit that a member sells back during service 2. The amount of vacation, sick, administrative, holiday arid other leave credit that a member receives in cash at retirement ("terminal pay") 3. The conversion of non-cash items earned during service to cash paid to the member at retirement 4. Other compensation that the member may not receive during service but may only receive in cash at retirement The Board will also consider how any changes to its policies may affect future deferred and reciprocal members of the retirement system. CCCERA Board Meeting February 10, 2010 Agenda Item #10 PAY ITEMS TO BE INCLUDED IN "FINAL COMPENSATION': -NEW HIRES The Test: To be included, the item must be all of the following: (1) earned and (2) payable in cash (3) to the employee (4) during service (5) in the "final compensation" period. Example #1 -County Employee earns 240 hours of vacation annually. Employee may sell back 1/3 of earned vacation hours (80 hours) annually during service. Employee receives balance of accrued vacation in cash at termination. Thus, this employee has earned and may receive in cash up to 160 hours maximum (Z3 annual earning, if "straddling" two years) in any 12 month period during service. Those amounts would be included in final compensation, even if some of the cash is not received until termination. All other Vacation amounts received at termination would not be included. Example #2 -Central Sanitation District Employee earns 120 hours of sick leave annually,. Employee may not sell back any sick leave hours during service.- Employee receives a portion of accrued sick leave in cash at termination. Thus, although this employee has earned sick leave during service, she does not have the right to receive the cash value until termination. These sick leave amounts would not be included in her final compensation. Example #3 -San Ramon Valley Fire District (New Policy) Exempt management employee earns 80 hours of administrative time annually, accrued at the rate of 6.67 hoius/month_ No more Phan one year's worth maybe accrued. No more than one sale-back in any 12 month period is allowed. Unused and unsold administrative leave is added to vacation accrual at termination. Thus, this employee has earned and may receive in cash up to 80 hours of administrative leave in any 12 month period during service. Those amounts would be included in his final compensation, even if some of the cash is not received until termination. Administrative leave amounts in excess of those amounts would not be included in his final compensation. CONTRA COSTA COUNTY EMPLOYEE'S RETIREMENT ASSOCIATION DETERMINING WHICH PAY ITEMS ARE "COMPENSATION" FOR RETIREMENT PURPOSES Adopted: 12/05/97 Amended: .01/13/98 PURPOSE: The California Supreme Court decision in Ventura County Deputy Sheriffs Association v. Boazd of Retirement, 16 Ca1.4~' 483 (1997) changed a previously accepted construction of the statutory framework governing the compensation includible in the calculation of pensions under the 1937 Retirement Act. In keeping with this ruling, the Retirement Boazd has re-examined the criteria it previously used to determine which pay items aze compensation includible under Government Code Section 31460. The Board recognizes that any change in policy must not jeopardize the actuarial soundness of the retirement system. Effective October 1, 1997, the following general principles will be applied in determining which pay items aze subject to retirement contributions and included in pension calculations. POLICY: 1. Compensation includes all payments for services performed. All cash payments given as remuneration either for services rendered or for special skills or qualifications (ie. merit pay, longevity pay, standby pay, bilingual pay, holiday pay, educational incentive pay, etc.) are included in compensation. . 2. Compensation does not include "the monetary value of other advantages furnished to a member," but does, include cash payments in lieu of such other advantages. In-kind benefits and reimbursements for job-related expenses are excluded. With regazd to cash payments in lieu of such advantages, the Board will evaluate how closely the pay item in question resembles, or functions as an effective substitute for salary. Cash payments for items of "advantage" that the employee would otherwise purchase with salary are included. Administration T:\Guidlines Policies\Guidelines.Policies.CurrentlCompensation for Ret. Purposes.doc 3: "Overtime" compensation is not included in compensation earnable if it is in excess of what is considered normal working hours. [f the time worked is ordinarily expected to be worked, then it is included regardless of its formal characterization asovertime for pay purposes. The fact that payments are made in a lump-sum will not prevent their inclusion within compensation earnable if they are accrued for time regularly worked, and simply withheld to a later date within the same yeaz. 4. Remuneration paid in cash for time earned is considered "final compensation" and is limited by the following: a. Annual "cash-out" The value of accrued time, such as vacation, holiday or sick leave, that is sold back to the employer by the employee each year under a "cash-out" agreement, is includible in compensation earnable. b. Lump sum at termination Only the portion of accrued time (such as vacation, holiday or sick leave) that is paid in the form of a lump sum at termination, and that represents time earned during the final compensation period is includible in compensation. ~~dministration 'C:1Guidlines_Policies\Guidelines.Policies.Current\Compensation for Ret. Purposes.doc Agenda Item 5.a.4) Board Meeting of February 18, 2010 Written Announcements: Conferences/Events a) Staff Attendance at Washington, D.C. CASA Conference Environmental Services Division Manager Curt Swanson will be attending , the Washington D.C. California Association of Sanitation Agencies Conference from Sunday, March 7cn through Wednesday, March 10, 2010, in place of General Manager James Kelly. b) District Retirements The following is a list of pasUexpected retirements, thus far, for 2010: Dennis Almond, Construction Inspector -March date anticipated Rich Boylan, Vehicle & Equipment Maintenance Supervisor -March 30tH Bill Brennan, Director of Collection Systems -February 16tH Bill Clement, Engineering Support Supervisor -March Stn Doug Craig, Director of Plant Operations -March 30tH Sue Hasselwander, Chemist II -January 19tH Chris Keith, Construction Equipment Operator -January 21St Doris Keifer, Administrative Assistant -March 17tH Paul Louis, Maintenance Supervisor -March 24tH Darlene Ross, Human Resources Analyst -February 16tH Adela (Deily) Schwitters, Engineering Technician II -March 3`d For this same time frame in 2009, there was a total of four retirements. c) Community Meeting -District Annexations 173 and 174 (Alamo & Danville) Environmental Services Division staff will host a community meeting on Wednesday, March 3, 2010, in the Mt. Diablo Room at the Danville Library located at 400 Front Street in Danville. The meeting will begin at 7 p.m., and is being held to give residents an opportunity to learn more about the annexation process. Staff initiated the "open house" meeting process after LAFCO recommended that we expand our routine outreach to affected property owners who have not petitioned for annexation to the District. The recommendations were made by LAFCO's Commissioners at the public hearing for DA 170. The meeting information will include the availability of sewer service, and the procedures and cost for connecting to the District's sewer system.