DISCOD TOWN OF DISCOVERY BAY A COMMUNITY SERVICES DISTRICT SDLF Platinum-Level of Governance FOR Leadership PLATINUMLEVEL President- - Michael Callahan. Vice-President- - Carolyn Graham . Director- - Kevin Graves . Director - Bryon Gutow . Director - Ashley Porter NOTICE OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE TOWN OF DISCOVERY BAY Wednesday July 17, 2024 7:00 P.M. TO ATTEND IN PERSON: The meeting willl bel held att the Community Center located at 1601 Discovery Bay In addition to physical attendance at the address indicated above, the Town of Discovery Bay Community Services District is offering the following teleconferencing options as an alternative means for the public to Boulevard. participate in this meeting. TO ATTEND BY ZOOM WEBINAR: ntps/s0bwebzoom,4S/85454370841 TO ATTEND BY PHONE: +1 (669)4449171 or +1 (719)3594 4580 WEBINAR ID: 854 5437 0841 Download. Agenda Packet and Materials at tpwww.odbcagov. REGULAR MEETING 7:00 P.M. A. ROLL CALL AND PLEDGE OF ALLEGIANCE 1. Call business meeting to order 7:00 p.m. 2. Pledge of Allegiance. 3. Roll Call. B. PUBLIC COMMENTS (Individual Public Comments will be limited to a 3-minute time limit) During Public Comments, the public may address the Board on any issue within the District's jurisdiction which is not on the Agenda. The public may comment on any item on the Agenda at the time the item is before the Board for consideration. Any person wishing to speak will have 31 minutes to make their comment. There will be no dialog between the Board and the commenter as the law strictly limits the ability of Board members to discuss matters not on the agenda. We ask that you refrain from personal attacks during comment, and that you address all comments to the Board only. Any clarifying questions from the Board must go through the President. Comments from the public do not necessarily reflect the viewpoint of the All matters listed under the CONSENT CALENDAR are considered by the District to be routine and will be 1. Approve Regular Board of Directors DRAFT Meeting minutes from June 19, 2024. Directors. C. CONSENT CALENDAR enacted by one motion. 2. Approve Register of District Invoices. D. PRESENTATIONS 1. Veolia Presentation. E. DISCUSSION AND POSSIBLE ACTION Proposal for Court Conversion. 1. Discussion and Possible Feedback Regarding Discovery Bay Recreation and Sports (DBRS) Pickleball Town of Discovery BayE BoardofD Directors Meeting Agendaf for. July 17,2 2024-Pg.1 2. Discussion and Possible Action Regarding Demolition of Well No. 5A and. Associated Small Structures, Approving Resolution No. 2024 13 Adopting a CEQA Exemption, Approving the Project and Directing 3. Discussion and Possible Action to Award Construction of the Marlin/Marina Pipeline Project to the Lowest Responsive Bidder in addition to Authorizing Award of Construction for Installing the Liner Portion oft the Project and al Professional Services Agreement with Luhdorff and Scalmanini for 4. Public Hearing to consider Town of Discovery Bay CSD Ravenswood Landscape Zone #9, Park, Lighting and Open Space Improvements District Assessment Report for the Fiscal Year 2024-2025; Continue Collection of Assessments on County Tax Roll and Adoption of Resolution No. 2024-12. 5. Discussion and. Action to. Adopt Resolution No. 2024-10- Approving Amendment to District 6. Discussion and Possible. Action to Adopt Resolution No. 2024-11 - Add Policy #034 - Capitalization Filing of the Notice of Exemption. Engineering Services during Construction. Financial Policy #031. Policy. F. MANAGER'S REPORT G. GENERAL MANAGER'S REPORT H. DIRECTOR REPORTS DIRECTORS REGIONAL MEETING AND TRAINING REPORTS J. CORRESPONDENCE K. LEGAL REPORT L. FUTURE AGENDA ITEMS M. ADJOURNMENT 1. Adjourn to the next Regular Meeting of the Board of Directors on August 7, 2024 beginning at 7:00 p.m. "This agenda shall be made available upon request in alternative formats to persons with a disability, as required by the American with Disabilities Act of 1990 (42 U.S.C. S 12132) and the Ralph M. Brown Act (California Government Code S 54954.2). Persons requesting a disability related modification or accommodation in order to participate in the meeting should contact the Town of Discovery Bay, at (925) 634-1131, during regular business "Materials related to an item on the Agenda submitted to the Town of Discovery Bay after distribution of the agenda packet are available for public inspection in the District Office located at 1800 Willow Lake Road during at the Community Center located at 1601 Discovery Bay Boulevard. hours, at least forty-eight hours prior to the time of the meeting." normal business hours." Town ofl Discovery Bay BoardofDirectors Meeting Agendaf forJ July 17,2 2024-Pg.2 DISCOT o TOWN OF DISCOVERY BAY A COMMUNITY SERVICES DISTRICT SDLF Platinum-Level of Governance RI Leadershy PLATINUMLEVEL President - Michael Callahan . Vice-President - Carolyn Graham . Director - Kevin Graves . Director. - Bryon Gutow . Director - Ashley Porter MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE TOWN OF DISCOVERY BAY Wednesday June 19, 20247 7:00 P.M. REGULAR MEETING7 7:00 P.M. A. ROLL CALL AND PLEDGE OF ALLEGIANCE 1. Called business meeting to order 7:00 p.m. 2. Director Porter led the Pledge of Allegiance. 3. Roll Call was taken, and all members were present with the exception of President Callahan who was B. PUBLIC COMMENTS (Individual Public Comments will be limited to a 3-minute time limit) absent. Director Graves joined the meeting remotely. 1. The speaker spoke on the vandalism at Cornell Park. Voiced concerns about the car and trucks spinning 2. Speaker echoed vandalism issues. Mentioned phases of the new District Office Building Project. Would All matters listed under the CONSENT CALENDAR are considered by the District to be routine and willl be 3. Approve the Extension of Luhdorff and Scalmanini Consulting Engineers Contract for Services into 4. Approve the Extension of HERWIT Engineering Contract for Services into FY 2024-2025. 5. Authorize Board Member Attendance and Activity Participation at the 2024 CSDA Conference in donuts in the grassy area of the park. like to see the creation of a citizen's advisory board. C. CONSENT CALENDAR enacted by one motion. 1. Approve Regular Board of Directors DRAFT Meeting minutes from. June 5, 2024. 2. Approve Register of District Invoices. FY2024-2025. Indian Wells, CA September 9-12, 2024. Director Gutow seconded. ABSENT: 1- Callahan D. PRESENTATIONS 1. Veolia Presentation. Director Porter made al Motion to Approve the Consent Calendar. Vote: Motion carried - AYES: 4 - Graham, Graves, Gutow, Porter, NOES: 0, ABSTAINED:0, Presented by Veolia Projects Manager Anthony Harper. Veolia had 356 safe working days. Wells 1, 2, and 6 work with Willow' WTP. Wells 4, 5, and' 7 work with Newport WTP. May 2024 water demand was 114.51 million gallons. Hydrant flushing is scheduled for Fall 2024. Valve Exercising is scheduled for Fall: 2024. Lead & Copper Sampling is scheduled for August 2024. There were no water quality complaints in May 2024. Towno of Discovery BayE Boardo of Directors MeetingN Minutesf for. June1 19, 2024-Pg.1 E. DISCUSSION AND POSSIBLE, ACTION 1. Discussion and Possible Action to Award Contract for Construction of the Well 8 Pump Station Project to the Lowest Responsive Bidder. Presented by Projects Manager Mike Yeraka. Four bids were received. Lowest bid was $600,000 more than engineer's estimate. The lowest bid received was from Conco' West, who submitted all of the required Lowest bid was for $4,403,700.00 documentation. Director Gutow made a motion to approve staff recommendation to award the construction oft the Well8 Pump Station Project to Conco' West Inc., to perform the necessary construction services per the project bidding documents and thei issued addenda, authorize the General Manager to execute the Town's construction contract agreement with Conco West Inc., to perform the work contained in the bidding documents and any addenda in the amount not to exceed $4,403,700, and authorize the General Vote: Motion carried - AYES: 4- Graham, Graves, Gutow, Porter, NOES: 0, ABSTAINED: 0, ABSENT: 2. Discussion and Possible Action to Approve Contract Extension with San Joaquin, Office of Education for Landscaping and Maintenance Services Provided by California Conservation Manager to execute change orders for up to 10% oft the contract value. Director Porter seconded. 1-Callahan. Corps. Presented by Landscape Manager Monica Gallo. Staff would like to extend the Streetscape Contract with the San Joaquin County Office of Education from twelve weeks to eighteen weeks. Recent staffing changes, have provided funding for this extension. Director Gutow made a motion to approve staff recommendation to approve extending the Streetscape Contract with the San Joaquin County Office of Education (SJCOE) from 121 to 18 weeks and authorize the General Manager to execute the Service Contract Agreement with the San. Joaquin County Office of Vote: Motion amed-AVES4-Granam Graves, Gutow, Porter, NOES:0, ABSTAINED: 0, ABSENT: 3. Discussion and Possible Action to Approve. Agreement with MRC/GameTime to Replace Ravenswood Education (SJCOE), to perform the necessary, streetscape work. Director Porter seconded. 1- Callahan. Park Splash Pad in Zone 9. Presented by Landscape Manager Monica Gallo. The splash padi is nearing its useful life of approximately 15y years. Based on staff's research, iti is recommended to replace the splash padr rather than spend more funds on further repairs and maintenance. Public comment: The speaker is in support of the Splash Pad but would like to address new restrooms also. Director Gutow made a motion to approve contract with MRC/GameTime to replace the Ravenswood Park Splash Pad for an amount of $207,538.95 plus 15% contingency, with ai not to exceed amount of $238,669.00 and authorize the General Manager to execute the Town's Construction Agreement with Vote: Motion carried - AYES: 4- Graham, Graves, Gutow, Porter, NOES: 0, ABSTAINED: 0, ABSENT: MRC/Game Time, to perform the work contained in the quote. Director Porter seconded. 1- Callahan. Town of Discovery Bay Boardo ofD Directors Meeting! Minutesf for. June 19,2 2024- -Pg.2 4. Discussion and Possible. Action for Financial Auditor Selection for Fiscal Years ending June 30, 2024, June 30, 2025, and. June 30, 2026. Presented by Finance Manager Margaret Moggia. Staff issued a request for proposal to twelve auditing firms. procedures, communication with client, and price proposal. Additionally, staff interviewed each firm and checked their references. Two firms submitted proposals. Staff evaluated each firm on quality and completeness oft the proposal, firm qualifications, capabilities, experience, engagement team profile and references, audit approach, timing, Director Porter made a motion to approve and authorize the General Manager to execute the Town's Service Contract Agreement for a three-year engagement with CLA for a total not-to-exceed amount of $146,285 to perform the annual independent financial audit and submission of financial reports to the California State Controller's Office for the fiscal years ending June 30, 2024, June 30, 2025, and June 30, Vote: Motion camted-AYES4-Gahamn. Graves, Gutow, Porter, NOES:0, ABSTAINED: 0, ABSENT: 5. Discussion and Possible Action to Adopt Resolution No. 2024-09 Approving Annual Discovery Bay 2026. Director Gutow seconded. 1-C Callahan. Lighting and Landscape Zone #8 Appropriations Limit for FY 2024-2025. Presented by Finance Manager Margaret Moggia. Department of Finance has calculated the Appropriations Limit for Zone 8 for FY: 2024-2025 to Director Porter made a motion to Adopt resolution No. 2024-09, establishing the Discovery Bay Lighting Vote: Motion amed-A/ES4-Glenan. Graves, Gutow, Porter, NOES:0, ABSTAINED:0, ABSENT: 6. Discussion and Possible Action to Adopt Resolution No. 2024-07 Notice of Intent to Levy and Collect an Annual Assessment for the Ravenswood Improvement District DB Lighting and Landscape Zone 9 be $851,281.20. and Landscape Zone #8 2024-2025 Appropriation Limit. Director Gutow seconded. 1- Callahan. for Fiscal Year 2024-2025 and Set Public Hearing. Presented by Finance Manager Margaret Moggia. There is an annual assessment of the Ravenswood Improvement District - DB Lighting and Herwit Engineering determined that the per parcel assessment should be set at $842.36 which Director Porter made a motion to Adopt Resolution No. 2024-07 to set Notice of Intent tol Levy and Collect an Annual. Assessment for the Ravenswood Improvement District- DB Lighting and Landscape Zone 9 for Fiscal Year 2024-2025, and set the Public Hearing for. July 17, ,2024, at 7:00pm located at Vote: Motion carried- - AYES: 4-G Graham, Graves, Gutow, Porter, NOES:0, ABSTAINED:0, ABSENT: 7. PUBLIC HEARING - Approve Operating and Capital Improvement Budget for Fiscal Year 2024-2025 and Adopt Resolution 2024-08 Adopting the Operating and Capital Improvement Budgets for Fiscal Landscape Zone 9. is the maximum allowable assessment for Zone 9. 1601 Discovery Bay Boulevard. Director Gutow seconded. 1- Callahan. Year 2024-2025. Towno of Discovery BayE BoardofD Directors Meeling Minutes for. June 19, 2024- -Pg.3 Vice-President Graham opened Public Hearing. Presented by Finance Manager Margaret Moggia. The Board was presented with the draft Budget at the May 16, 2024 Budget Workshop. The Board was asked to review and provide input tos staff regarding the Town of Discovery Since the Budget Workshop held on May 16, 2024, staff received updates on the estimated revenues for Zone 8 Ad' Valorem and Zone 9 Assessment revenues. In addition, with the bids received for the Well 8 project, the overall project capital budget increased an additional Bay's revenue and spending plans fort the coming Fiscal Year. $600,000. No other changes were received or made. Public Comment: The speaker felt that it was hard to identify which funds represented which zones. Vice-President Graham closed Public Hearing. Director Porter made a motion to approve staff recommendation to adopt Resolution 2024-08 adopting Vote: Motion carried-AYES:4- Graham, Graves, Gutow, Porter, NOES:0,A ABSTAINED: 0, ABSENT: the Operating and Capital Improvement Budgets for the Fiscal Year 2024-2025. Director Gutow seconded. 1-C Callahan. F. MANAGER'S REPORT Presented by Water & Wastewater Manager Aaron Goldsworthy. The Cecchini Development submitted project plans to the County. Town management met and submitted comments on the project as requested by the County. Comments included: Development must comply with all Town requirements for water & wastewater services as well as lake fill and landscape needs. Town would like future input on proposed sports field. Levees and basins are to be maintained by Cecchini. G. GENERAL MANAGER'S REPORT 1. Algae Blooms. Presented by General Manager Dina Breitstein. Contra Costa County sent the Town a map of algae blooms locations as well as al link for reporting algae bloom sightings to the County. Link is posted on social media and Town website. H. DIRECTOR REPORTS MAC item Presented by Vice-President Carolyn Graham. The County has reached out asking for input on noise issues in all MAC areas. There is a survey from the County that will be posted on social media and Town website for The County will be reevaluating their ordinances. Survey must be completed by July 31, 2024. residents to complete. DIRECTORS REGIONAL MEETING AND TRAINING REPORTS 1. Con Fire - June 4, 2024 (Director Carolyn Graham). Townd of Discovery BayE Boardo ofDirectors Meeting Minutesf for. June 19,: 2024-Pg.4 J. CORRESPONDENCE None. K. LEGAL REPORT None. L. FUTURE AGENDA ITEMS None. M. ADJOURNMENT 1. Meeting adjourn at 8:15p.m. to the next Regular Meeting of the Board of Directors on July 17, 2024 beginning at 7:00 p.m. at the Community Center located at 1601 Discovery Bay Boulevard. Town of Discovery BayE Boardo of Directors Meeting Minulesf for. June 19, 2024- -Pg.5 AGENDA ITEM: C2 DIS Town of Discovery Bay "A Community Services District" STAFF REPORT 998 FORT Agenda Title: Approve Register of District Invoices. Meeting Date: July 17,2024 Prepared By: Margaret Moggia, Finance Manager & Lesley Marable, Accountant Submitted By: Dina Breitstein, General Manager RECOMMENDED ACTION: Staff recommends that the Board approve the listed invoices for payment. EXECUTIVE SUMMARY: District invoices are paid on a regular basis and must obtain Board authorization prior to payment. Staff recommends Board authorization in order that the District can continue to pay warrants in at timely manner. FISCAL IMPACT: Amount Requested: $2,853,564.71 Sufficient Budgeted Funds Available: Yes (Ifno, see attached fiscal analysis) Prog/Fund # See listing ofi invoices. Category: Operating Expenses and Capital Improvements PREVIOUS RELEVANT BOARD ACTIONS FOR THIS ITEM: ATTACHMENTS: 1. Request for Authorization to Pay Invoices for the Town of Discovery Bay CSD 2023/2024 & 2024/2025 Request for Authorization to Pay Invoices For The Meeting On July 17, 2024 Town of Discovery Bay CSD Fiscal Year 7/23- 6/24 & 07/24- - 06/25 Veolia Water North/ America Anderson! Pacific SDRMA Pacific Gas & Electric DiabloE Excavation! & Construction Town of Discovery Bay CSD Herwit Engineering Luhdorff &5 Scalmanini Monarch Landscape LLC SanJ Joaquin County Office OfEd U.S. Bank Corporate Payment System GameTime HASAI INC Mt Diablo Resource Recovery CivicPlus, LLC KPD Doors & Access LLC Precisionl IT Consulting Badger Meter Freedom Mailing Service, Inc Valencial Janitorial Plus Concentra Neumiller &E Beardslee LincolnA Aquatics Stantec Consultings Services Inc Ricoh USA, Inc Karinal Dugand. ECSI Imaging, Inc. Michelle Dominge National Aquatic Services, Inc. City OfE Brentwood ODP Office Solutions, LLC Denalect Alarm Company Brentwood Acel Hardware Mobile Modular Portable Storage Water Utility Refund Customer Geotab USA, Inc. National Recreation: and Park Assoc. Department ofJ Justice Californial Park & Recreation: Society BillE Brandt Ford Community Center Refund Customer Quadient Leasingl USA, Inc. Shred City KellyF Rajala Dina Breitstein Verizon Wireless $1,015,386.15 $757,439.25 $465,024.76 $163,457.13 $121,193.98 $84,508.21 $37,182.50 $31,659.30 $26,548.00 $25,945.18 $23,849.02 $21,274.00 $18,427.26 $11,824.01 $7,547.40 $6,983.84 $6,795.48 $5,752.11 $3,604.00 $2,490.00 $2,294.00 $2,257.50 $1,692.22 $1,340.50 $1,155.59 $1,116.00 $1,050.00 $930.00 $700.00 $673.75 $624.46 $471.00 $402.73 $400.83 $325.01 $217.25 $180.00 $147.00 $145.00 $135.49 $100.00 $100.00 $99.00 $50.65 $40.13 $25.02 $2,853,564.71 VEOLIA Water & Wastewater Monthly Presentation DISCO THE TOWN OF DISCOVERY BAY Live Where You Play June 2024- Safety & Training Shoring & Excavation Forklift training Cyber Security - GOAL ZER LeadingSafeyTogether OVEOLIA Operator Refresher Color Coding & Signage 356 Safe Work Days WATER SYSTEM WILLOW WTP Well 1: Active Well 2: Active Well 6: Active NEWPORT WTP Well 4: Active Well 5: Offline Well 7: Active Filter A: Online Filter B: Online Filter C: e Filter 1: a Filter A: nune Filter B: Online 2133 gal 51.1 MG < Sodium Hypochlorite > 4937 gal 74.3 MG Total Water Demand: 125.4 MG DISCO Water Demand in Million Gallons Willow WTP Newport WTP 100 80.5 74.3 74.5 75 62.5 62.6 51.9 51.3 54.2 48.5 48.9 39.542.2 50 39.8 3436.4 32.7 3633.5 29.1 28 25 l Ti JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 41.7 49.4 61.2 71.6 114.5 125.4 128.7129.0.102.0 91.0 70.5 51.3 OVEOLIA Hydrant Flushing: Valve Exercising: Fall 2024 Fall 2024 Water Quality Complaints: 0 Water Pressure Concerns: 0 Coliform Positive Results: Notice of Violations: Consumer Confidence Report: Completed 1 0 Lead & Copper Sampling: Aug 2024 DISCO WASTEWAIERCORESON EE EfeStations AACte Actve r Actve CLE Milbge4Active DActive ACIVe LakesActive - Aetive - E AEtive R Active Lakesaore: ZAICLIE S:Active - NewpOrALI - THE TOWN OF DISCOVERY BAY Live Where You Play OVEOLIA WASTEWATER TREATMENT OVEOLIA Influent Daily Avg Flow: 1.3MG Effluent Daily Avg Flow: 1.1 MG Total Flow This Period: 32.9 MG Polymer: Alum: PAC: UV: 500 gal 0 gal 0 gal 65 % Total Flow Last Year: 33.0 MG Elfluent BOD <10: Effluent TSS <10: 13mgL 0.8 mgL Total Coliform 7 Day <2.2: ND Total Coliform Daily Max <23:ND EffluentNTU DailyAvg <2: 0 Effluent Ammonia <8.4. Effluent Nitrates <10: D1S BOD Removal >85%:9996 TSS Removal >85%. 99% Conductivity Avg: 2125 ND 7 Wastewater Flow in Million Gallons WW Influent WW Effluent 2.0 1.5 1.0 0.5 0.0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 36.4 40.1 40.2 36.3 34.5 32.9 29.5 34.4 32.7 34.8 33.9 36.0 MAINTENANCE Customer Complaints: 0 Sewer Overflows: Lift Station Cleanouts: 35% 0 SL Rat Status: Painting & Labeling: 95% 50% Biosolids Hauling: 210 tons Cattail Removal: Pending OVEOLFK AGENDA ITEM: E1 DISCO) Town of Discovery Bay "A Community Services District" STAFF REPORT Agenda Title: Discussion and Possible Action Regarding Discovery Bay Recreation and Sports (DBRS) Pickleball Proposal for Court Conversion. Meeting Date: July17,2024 Prepared By: Monica Gallo, Landscape Manager Submitted By: Dina Breitstein, General Manager RECOMMENDED ACTION: Board discussion and decision to approve the conversion of tennis courts #1 and #2 into six (6) pickleball courts financed by Discovery Bay Recreation and Sports, Inc. ("DBRS"). EXECUTIVE SUMMARY: History of Discussions: At the April 20, 2022, Parks and Recreation Committee Meeting, Discovery Bay Recreation and Sports, (DBRS) requested the Town take two tennis courts at the Community Center and paint permanent pickleball lines, making two of the tennis courts dual use fort tennis and pickleball play. Representatives from both the pickleball community and the tennis community spoke on the subject as well as a representative from the United States Tennis Association (USTA). Pros: Dual lines: Listed below are some of the discussion items from the April 20, 2022, meeting. Pickleball is gaining popularity and is one oft the fastest growing sports. Makes people happy, easy to learn and creates a sense of community. People have to wait to play on Saturday's. Striving to keep the player's rotation fluid & fast. High school tennis students use courts for practice. Cons: Dual lines: Tennis courts may not always be as busy on Saturdays, they are busy during the week after school time. USTA leagues rent tennis courts for matches on Saturdays and Sundays which brings in revenue. USTAI representative explained, USTA Nor Cal prohibits sanctioned tournaments on courts with dual lines. USTAI requires ai facility to have a 6 court minimum. Pickleball is busiest only on Saturday mornings. may disqualify Discovery Bay from being part of Diablo North. Dual lines will disqualify the Town from grant opportunities from USTA. Discovery Bay is part of the Diablo North Region, putting down dual lines would be al hinderance and also Discussion Points: Page 1of2 Creekside Park in Brentwood is building permanent courts, once complete, this should lessen amount of Pickleball courts are busiest 1 day a week, primarily 8am-12pm on Saturdays, Players can stagger times Cornell Park pickleball courts have been resurfaced, giving relief to the Community Center on Saturdays. Total count in Discovery Bay: Tennis Courts (7) -6 at the Community Center, 1 at Cornell Park/ people playing in Discovery Bay. and some play int the afternoon to give relief to the morning hours. Pickleball Courts (8) -6 at the Community Center, 2 at Cornell Park. The discussion by the Parks & Recreation Committee in April 2022, was to keep the Community Center as is 6 This topic was brought up again at the request of DBRS and at the May 1, 2024, Parks and Recreation Committee Meeting, staff presented the request to the Committee and was directed to reach out to USTA: again for clarification on their stance of dual lines. Included in this report is the USTA Statement of Guidance, which lists 3 options. tennis courts and 6 pickleball courts being fair and equitable to all. Option #1: Sport-Specific Sites Option #2: Non-Traditional Spaces Option #3: Shared Use of Courts The Community Center falls under Option #3. For sites with three (3) or more tennis courts, every effort should be made to utilize Option #1 or #2 due to the sustained growth and increasing public demand for both sports. Saff did reach out to USTA and asked specifically: If2ofoure 61 tennis courts were painted with permanent dual use lines would that disqualify our facility from holding league matches, tournaments etc. and the response was as follows: It does not disqualify from holding or hosting USTA sanctioned events. Pending on the visual/color of the lines you may get Ifwe take one of those courts and paint permanent lines to make dual use, leaving us with 5 true tennis courts, does that disqualify our facility from qualifying for any possible USTA grant opportunities? The response was as follows: Your facility still qualifies for future grants. Our funding committee does look at the number of players that can bei impacted. So, the lesser the number of courts the lesser funding that will be awarded. The number of courts also determines the amount of funding that would be allocated for court Since the May 1, 2024, meeting, DBRS has submitted a new proposal letter which is included as an attachment to Ins summary, DBRS is proposing to convert tennis court #1 and #2 into 6 pickleball courts, foregoing the dual use This would leave the Town with a count of: Community Center; 12 pickleball courts, 41 tennis courts and Cornell players/teams not willing to play. resurfacing and other facility improvements. this staff report. line option. Park; 2 pickleball courts and 1 tennis court. FISCAL IMPACT: NIA NIA PREVIOUS RELEVANT BOARD ACTIONS FOR THIS ITEM: ATTACHMENTS: 1. DBRS Letter Dated June 15, 2024. 2. Statement of Guidance = Tennis and Pickleball. Page 2of2 RECSPORT Making Pickleball Great for All DISCOVERY BAY RECREATION AND SPORTS, INC. P.O. Box 1614, DISCOVERY BAY, CA 94505 Memo To: From: Subject: Dina Breitstein, General Manager Town of] Discovery Bay, California Chris Sullivan, President Discovery Bay Recreation & Sports Pickleball Proposal for Court Expansion Date: June 15, 2024 After further discussion about the proposal of dual use for tennis courts to increase pickleball play capacity and thel knowledge oft the tennis playing community on the subject, wel have aj proposal to This proposal was derived from thinking about the future total court: situation in our community and what clearly appears to bet thel best use of what is owned by the Town of Discovery Bay. The proposal is to convert tennis courts one and two to six pickleball courts with the design to match the six courts currently being used. Attached is visual documentation of what this proposed The reasoning for these court conversion proposals is because of what we: see: as the best use of 1) The current Discovery Bay pickleball courts are considered by the playing public tol be the best quality courts in the northern California region. So, increasing this quality product will attract additional play. With the possibility to rent the facility for additional tournaments and play. 2) Tennis courts 3 & 4 are adjacent to designed viewing facilities. We would consider: aj joint effort ini improving this sitting area: sO parents can watch their children play' Tennis. 3) The raised areal between tennis courts 48 & 5a also makes fora a positive area for viewing tennis 4) Tennis courts 5 &60 do not lend themselves to pickleball conversion of the Quality Discovery Bay is known by. This is because the two are offset (not side by side), while they are fine fort tennis. 5) Having the tennis courts and the pickleball courts both bei in: areas by themselves will enhance 6) Removes all negative discussion relative to the USTA concerns about dual use oft tennis courts. add 6a additional Pickleball Courts VS any dual use. change would bel like and what is currently inj place. the facilities and are expressed below. lessons and matches. the usel by both sports. Page 1 of4 Discovery Bay Recreation & Sports is willing to participate in thei funding oft the conversion andi is asking that the decision be made to move in this direction sO both design, planning and additional fundraising can begin. Page 20 of4 Town of Discovery Bay) Comunity Center' Tennis & Pickleball Courts Barbs Dollhouse SicBoat WorkS comunity Conversion of tennis courts 1 & 2 to 6 pickleball courts to match the current 6p pickleball courts Google Earth Imagpe 0202A/Aibus 200ft Page 3 of4 Town of Discovery, Bay Comunity Center Tennis & Pickleball Courts Barbs Déllhouse sicBoatV Works Communilyo Current Courts May 10, 2024 Google Earth Imogec 02 2024Aibus 200f Page 4 of4 USTAStatement Of Guidance- Update FACILITIES APPROACH TO TENNIS AND PICKLEBALL As the national governing body for thes sport of tennis int the United States and in concert with court builders and park professionals, the United States Tennis Association (USTA) is putting forth an expanded Statement of Guidance for the development, expansion, and renovation of public facilities ands spaces related to tennis and pickleball. This guidance is presented within the context and understanding that while tennis remains the most popular racquet sport ini the United States - tennis and pickleball are currently experiencing significant participation increases throughout the country and demand for both tennis and pickleball courts is expanding exponentially. Participation: Statistics Tennis: At total of 23.6 million players in 2022, a 33% increase of 5.9 million players since 2019* Pickleball: A1 total of 8.9 million players in 2022** This guidance offers the following options: OPTION #1: SPORT-SPECIFIC: SITES Thei ideal solution is the development and/or expansion of sport-specific public sites. Singular-focused sport-specific sites and courts will provide optimum opportunity for use, harmony, and program/revenue generation fore each sport that may be unavailable in shared-use scenarios. These facilities should be offered either as one central facility complex or as separate sport-specific developments to best meet the needs of the community. The ultimate goal is to ensure both sports have thei infrastructure inj place to maintain existing programs and play as well as allowi for future growth (Examples 1a &1 1b). Example 1a: Rendering of as sport-specific.site with! playground incorporated. OPTION: #2: NON-TRADITIONAL SPACES Example 1b: Sarah Vande Berg Tennis Centeri in Zephyrhills, FL In the event that sport-specific sites are not possible, both tennis and pickleball can be played and enjoyed in non- traditional spaces. Look at all hard surface areas for possible conversion, such as a concrete slab (Example 2a), multi- sport court sites (Example 2b) and/or vacant parking lot locations. When contemplating any type of conversion affiliated with public facility infrastructure, safety must be at the forefront of all considerations. Further, local ordinances should be reviewed to ensure accessing the space for play is allowed. Example 2a: Pickleball courto ona ac concrete: slab. ** Pickleball number source: Sports &F Fitness Industry Association (SFIA) Example 2b: Pickleball courtonam multi-sports site. *Tennis number source: The 2022 National Tennis Participation Report available from the Tennis IndustryAssociation! (TIA) USTAs Update: April2 2023 USTAStatement Of Guidance- Update FACILITIES APPROACH TO TENNIS AND PICKLEBALL OPTION #3: SHARED USE OF COURTS In the event that sport-specific sites and non-traditional spaces are not possible and in thei interest of equitable offerings for both tennis and pickleball, shared usage through blended playing lines on existing tennis and pickleball courts is advisable. This recommendation: stands for sites with two (2) or fewer tennis courts. For sites with three (3) or more tennis courts, every effort should be made to utilize Option No.1or No. 2 due to the sustained growth andi increasing public demand for both sports. Recommended, guideline when utilizing standalone pickleball courtsi for tennis play: Add blended tennis service box lines to pickleball courts for short court tennis play. (Example 3a) Recommended guidelines when executing blended pickleball lines ats sites with two (2) or fewer tennis courts*** Upt to two pickleball court blended lines can be added to a 78' tennis court, one on either side of the net. Whenever possible, utilize a shared tennis service line or at tennis baseline with a pickleball blended line. All blended pickleball lines shall bet textured line paint that is a shade lighter within in the same color family as the Blended pickleball lines should terminate three (3)i inches from the 78-foot court tennis lines. Utilize painters tape to refrain from damaging the acrylic surface when adding temporary playing lines. playing surface. (Example 3b) Blended pickleball lines should be 1% inches wide 15' 13'6" 20' Example 3a: Pickleball court with! blended tennis service box lines inl light bluet fors short court tennis play. Example 3b: Blendedi lines int thes same color family ast the playingsurface. For additional information or to discuss projects before decisions are made regarding tennis and pickleball expansion and additions, contact the USTA Tennis Venue! Services Team for complementary consultative resources at www.stacom/aeliles ore email Faclities@usta.com. ***See the 2021 American: Sports Builder's Association (ASBA) Pickleball Court Construction Manual for guidelines regarding pickleball court dimensions. aatztmdasdamommnd. minimum ofeight(8feet) between thep pickleball! baseline andt the permanenti fixture. Thiss should bet takeni into consideration for Option #31 when adding blended pickleball lines toe existing tennis court infrastructure. USTAs Update: April 2023 AGENDA ITEM: E2 DISCO Town of Discovery Bay "A Community Services District" STAFF REPORT FORT Agenda Title: Discussion and Possible Action Regarding Demolition of Well No. 5A and Associated Small Structures, Approving Resolution No. 2024- 13 Adopting a CEQA Exemption, Approving the Project and Directing Filing of the Notice of Exemption. Meeting Date: July 17,2024 Prepared By: Mike Yeraka, Projects Manager Submitted By: Dina Breitstein, General Manager RECOMMENDED ACTION: a. Adopt Resolution 2024-13 approving the project and adopting a CEQA Notice of Exemption. b. Authorize Staff to file the attached Notice of Exemption with the County Clerk's office. EXECUTIVE SUMMARY: remaining wells. The water quality in Well 5A has been degrading over the past few years so the Board included $281,000 of funding in this fiscal year's budget to demolish the well in order to prevent the degradation of water quality in the Town's The project includes demolition and removal of the Well 5A pump building, controls building, piping, well pump Inc order to satisfy CEQA for the Project, the Board will need to adopt Resolution 2024-13 approving the attached CEQA Exemption, Approving the project and Directing filing of the Notice of Exemption. The CEQA exemption is equipment and well casing perforation and filling with sealing material. allowed for demolition and removal of small structures. Specific Board Action: a. Adopt Resolution 2024-13 approving the project and adopting a CEQAI Notice of Exemption. b. Authorize Staff to file the attached Notice of Exemption with the County Clerk's office. FISCAL IMPACT: Amount Requested: $50 for filing fees Prog/Fund: # Category: TBD Sufficient Budgeted Funds Available? Funds are available in the FY: 24/25 budget Page 1of2 PREVIOUS RELEVANT BOARD ACTIONS FOR THIS ITEM: The Board authorized funding for the project in the FY: 24/25 Budget. ATTACHMENTS: 1. Resolution 2024-13 2. Notice of Exemption Page 2of2 TOWN OF DISCOVERY BAY COMMUNITY SERVICES DISTRICT RESOLUTION 2024-13 B FORT Al RESOLUTION OF THE BOARD OF DIRECTORS OF THE TOWN OF DISCOVERY BAY, ADOPTING CATEGORICAL EXEMPTION FOR THE PURPOSES OF SATISFYING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING THE DEMOLITION OF WELL NO. 5A AND ASSOCIATED SMALL STRUCTURES, AND DIRECTING THE GENERAL MANAGER TO FILEA NOTICE OF EXEMPTION WITH THE CONTRA COSTA COUNTY CLERK. WHEREAS, the Town of Discovery Bay Community Services District ("District") is a government WHEREAS, the District is in need of demolishing and removing small structures at' Well No. 5A WHEREAS, the District is the lead agency under the California Environmental Quality Act ("CEQA") for the Demolition of Well No. 5A and. Associated Small Structures Project ("Project); and WHEREAS, the Project consists of demolition and removal of the Well No. 5A pump building, controls building, piping, well pump equipment and well casing perforation and filling with sealing WHEREAS, the Project falls within the Categorical Exemptions to the California Environmental Quality Act( ("CEQA7pursuant to Section 15301 (Class 1 (1)(3&4)) oft the Guidelines for CEQA, California WHEREAS, all other legal prerequisites to the adoption oft this resolution have been met. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TOWN OF DISCOVERY BAY agency organized and existing under the laws of the State of California; and and sealing the well in order to protect groundwater quality; and material; and Administrative Code of Regulations, Title 14, Chapter 3, Article 19; and COMMUNITY SERVICES DISTRICT DOES HEREBY RESOLVE. AS FOLLOWS: Section 1: The above recitals are true and correct. Section 2: The Notice of Exemption prepared for the Project has been completed in accordance Section 3: The Board hereby approves the Project and adopts the Categorical Exemption for Section 4: The Board hereby authorizes the General Manager to take all actions necessary to demolish and remove the Well No. 5A pump building, controls building, piping, well pump equipment Section 5: The Board hereby directs the General Manager to prepare and file with the County Clerk of Contra Costa County for posting, a" "Notice of Exemption" pursuant to California Administrative with CEQA Guidelines. the Project. and perforate the well casing and fill with sealing material. Code, Title 14, Chapter 3, Section 15062. Section 6: This Resolution shall take effect immediately upon its adoption. 1 Section 7: The Board Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF July 2024. Michael Callahan Board President Ihereby certify that the foregoing Resolution was duly adopted by the Board of Directors oft the Town of Discovery Bay Community Services District at a regularly scheduled meeting, held on July 17, 2024, by the following vote oft the Board: AYES: NOES: ABSENT: ABSTAIN: Attest: Dina Breitstein Board Secretary 2 Notice of Exemption TO: Contra Costa County Clerk's Office 555 Escobar Street Martinez, CA 94553 From: Town of Discovery Bay CSD 1800' Willow Lake Rd. Discovery Bay, CA 94505 Project Title: Town of Discovery Bay Demolition of Well No. 5A and Associated Small Structures. Project Applicant: Town of Discovery Bay Community Services District (CSD), 1800 Willow Lake Road, Discovery Bay, CA 94505 Project Location: Corner of Newport and Clipper Drives, Discovery Bay, CA 94505 Project Location - City: Town of Discovery Bay Project Location - County: Contra Costa Description of Nature, Purpose and Beneficiaries of Project: Demolition and removal of well 5A pump building, controls building, piping, well pump equipment and well casing perforation and filling with sealing material. All buildings being demolished are small structures. The project is necessary in order to improve the quality of the potable water that serves Name of Public Agency Approving the Project: Town of Discovery Bay Community Services District Name of Lead Agency Carrying Out the Project: Town of Discovery Bay Community Services District the residents of Discovery Bay. Phone: 925-634-1131, 1800 Willow Lake Rd. Discovery Bay, CA 94505 Exempt Status: (check one) Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c); X Categorical Exemption. State type and section number: Demolition and removal ofi individual small structures, pursuant to Guidelines for CEQA, Regulation Sec. 15301. Reason why project is exempt: 15301 (1)(3&4) -1 The project consists of demolition and removal ofi individual small structures. Lead Agency Contact Person: Mike Yeraka, Projects Manager Telephone: 925-634-1131 Attached is the certified document of exemption finding. Signature: Date: Signed by Applicant Title: Projects Manager _X_Signed by Lead Agency Attached: Resolution 2024-13 AGENDA ITEM: E3 ISCC Town of Discovery Bay "A Community Services District" STAFF REPORT Agenda Title: Discussion and Possible. Action to Award Construction of the Marlin/Marina Pipeline Project to the Lowest Responsive Bidder in addition to Authorizing Award of Construction for Installing the Liner Portion of the Project and a Professional Services Agreement with Luhdorff and Scalmanini for Engineering Services during Construction. Meeting Date: July 17,2024 Prepared By: Mike Yeraka, Projects Manager Submitted By: Dina Breitstein, General Manager RECOMMENDED ACTION: Itisr recommended that the Board take the following Action: a. Award the Construction oft the Marlin/Marina Pipeline Project to W.R. Forde. Associates, Inc to Perform the Necessary Construction Services per the project bidding documents and the issued addendum. b. Authorize the General Manager to Execute the Town's Construction Contract Agreement with W.R. Forde Associates, Inc. to perform the Work contained in the Bidding Documents and any Addendum in the Award the Installation of the Liner Portion oft the Project to Advantage Reline to Perform the Necessary Liner Installation Services per the project bidding documents and the issued addendum. d. Authorize the General Manager to Execute the Town's Construction Contract Agreement with Advantage Reline to perform the Work contained in the Bidding Documents and any Addendum in the amount Not to e. Authorize the General Manager to Execute a Professional Services Agreement with Luhdorff and Scalmanini for Engineering Services during construction in an amount not to exceed $80,292. Authorize the General Manager to execute change orders for all three Agreements in an amount up to amount Not to Exceed $237,235. Exceed $92,640. 15% of each contract value. EXECUTIVE SUMMARY: Drive and Marina Rd. The Board previously adopted a CEQA Notice of Exemption and approved the repair oft the Marlin/Marina pipeline. The project consists of installing an 8-inch liner inside the existing 8" pipe crossing under the river between Marlin The Town recently went out to bid for construction oft the Marlin/Marina Pipeline Project and received four (4) bids ranging from $237,235 to $425,735 as indicated on the attached. The engineer's estimate for this portion of the project was $260,000. The project scope includes excavating and opening up the pipe on either side of the rivers SO Page 1of3 that an 8"-inch liner can be installed by the liner contractor. The lowest responsive bid came from' W.R. Forde in the amount of $237,235. Originally Staff was under thei impression that a company by the name of Insituformwas the only company that was able to install the pipe liner for the project at a const of $258,693.75. After further investigation it was determined that there were other liner contractors ands staff recently received two (2) bids ranging from $92,640 to $188,872 as The lowest responsive bid fort the liner portion of the project came from Advantage Reline in the amount of $92,640. Also attached is the Scope of Work from Luhdorff and Scalmnini to provide engineering support services during indicated on the attached for installation oft the liner. construction in the amount of $80,292. The cost to complete the project is as follows: Construction (W.R. Forde) Advantage Reline Liner Installation LSCE Engineering Services 15% Contingency $237,235.00 $92,640.00 $80,292.00 $410,167.00 $61,525.05 $471,692.05 Subtotal Total Funds are available from the Capital Improvement Budget for the project and from the Water Reserve Fund. Specific Board Action: Iti is recommended that the Board take thei following Action: a. Award the Construction of the Marlin/Marina Pipeline Project to' W.R. Forde. Associates, Inc to Perform the Necessary Construction Services per the project bidding documents and the issued addendum. b. Authorize the General Manager to Execute the Town's Construction Contract Agreement with W.R. Forde Associates, Inc. to perform the Work contained in the Bidding Documents and any Addendum in the Award the Installation of the Liner Portion of the Project to Advantage Reline to Perform the Necessary Liner Installation Services per the project bidding documents and the issued addendum. d. Authorize the General Manager to Execute the Town's Construction Contract Agreement with Advantage Reline to perform the Work contained in the Bidding Documents and any Addendum in the amount Not to e. Authorize the General Manager to Execute a Professional Services Agreement with Luhdorff and Scalmanini for Engineering Services during construction in an amount not to exceed $80,292. Authorize the General Manager to execute change orders for all three. Agreements in an amount up to amount Not to Exceed $237,235. Exceed $92,640. 15% of each contract value. FISCAL IMPACT: Amount Requested: $410,167 plus $61,525.05 as 15% contingency Sufficient Budgeted Funds Available? Yes Page 2of3 Prog/Fund # Category: TBD PREVIOUS RELEVANT BOARD ACTIONS FOR THIS ITEM: The Board previously adopted a CEQA Notice of Exemption and approved the repair oft the Marlin/Marina pipeline. ATTACHMENTS: 1. Bid Results Construction Portion 2. Bid Results Liner Portion 3. LSCE Scope of Work Page 3of3 Town of Discovery Bay Marina/Marlin Pipeline Crossing Project March 21, 2024 10:00a.m. Bid Results Bidder Amount DPI, Inc. $407,336.00 $249,735.00 $237,235.00 $425,735.00 Kerex Engineering W.R. Forde Saboo, Inc. Town of Discovery Bay Marina/Marlin Liner Installation Project June 27, 2024 11:00a.m. Bid Results Bidder Amount $188,872 $92,640 Insituform Advantage Reline Luhdorff & Consulting Engineers Ag Scalmanini November 9, 2023 Mike Yeraka, PE Projects Manager Town of Discovery Bay Community Services District 1800 Willow Lake Road Discovery Bay, CAS 94514 SUBJECT: File No. 19-5-157 Scope Amendment #4 for Engineering & Surveying Services for the Marina/Marlin Pipeline Crossing Project Dear Mr. Yeraka: Per your request, this letter outlines a scope amendment (scope and budget) to provide engineering services during construction by Luhdorff and Scalmanini Consulting Engineers (LSCE) for the Town of Discovery Bay Community Services District's (District) Marina/Marlin Pipeline Crossing Project. BACKGROUND This letter outlines aj proposed scope amendment to provide engineering services during construction for the Marina/Marlin Pipeline Crossing project. The District and LSCE previously conducted an evaluation of the broken water pipe and concluded that it would be possible to install a liner. The liner would be furnished and installed by Aegion, the selected lining manufacturer. The project will require a general Engineering design services for the Marlin/Marina underwater crossing project were approved on May 20, 2021 as Scope Amendment #2 to the original Willow Lake Pipeline Crossing project contract from December 16, 2019. Scope Amendment #2 included design and bidding services for the Marlin/Marina project. Scope Amendment #3 was approved on September 12, 2022 and included easement development fort the worka att thel Marinaa andt topographicsunveywork This Scope Amendment #4 includes engineering services during construction as discussed below including field inspection during liner contractor to complete the water distribution system tie-ins. installation. Task 6.5 Engineering Services During Construction (New) Construction Support include thet following: LSCE proposed to provide the following technical services during construction. Resident field inspection during construction is not included as itis assumed thel District will perform daily inspection. LSCEservices 500F Firsts Street, Woodland, CA9 95695 Tel.530.661.0109 . Fax.5 530.661.6806 Isce.com Mike Yeraka, PE November 9, 2023 Page 2 ateeyNEHtRgAPeONinatwontermewaw theg generalcontractorand" thel District will be held onsite to confirm the contractor's understanding of the intent of the contract documents. Online/virtualweeklyconstruction meetings and coordinationwith the contractor and District staff will be held through construction of the project to discuss construction progress, inspections, and technical issues that may be encountered during construction. Finals site visitation (project closeout) with the contractor and District will be made to confirm all final installation, cleanup: andi restoration of the! project site. Project management: andy weekly meetings are: assumed to occur fora at total three (3)-month construction period. LSCE assumes: at total of2 onsite meetings (1p pre-con and1 1 project closeout meeting) and: 12 virtual construction progressi meetings will occur Site Inspections: LSCE anticipates three (3) site visits by engineering staff to provide routine Liner Inspection: LSCE's subconsultant (Consor) will provide full time inspection duringi installation of the liner and provide daily observation reports. This includes 2-days for CCTV/cleaning and 3- days to install, make connections, inflate, and pressure test. Consor's scope also includes one (1) week of travel expenses and review of up to two (2) trenchless related submittals (e.g. liner submittal). Subconsultant will also participate in the pre-construction meeting. LSCE assumes a total of up to 50 hours of field oversight will be provided by Consor's field inspector during Compaction Testing and Inspection: LSCE will provide and coordinate with our subconsultant, Construction Testing and Engineering, Inc (CTE), to perform compaction testing and concrete testing during installation of the new pipeline sections on at time and materials basis. Compaction testing will be performed at each trench pit site and concrete testing will be performed for each thrust block. Inspection results and field observations will be provided in digital (pdf) format Cathodic Protection System Checkout: Cathodic protection system checkout is not included in LSCE's scope of work. All cathodic protection construction improvements will be performed by Corrosion Integrity with JDH Corrosion Engineer's field oversite under the general contractor's Submittal and RFII Reviews: LSCE will review all construction submittals to ensure: all products used during construction are consistent with the plans and specifications. LSCE will provide assistance to the District in responding to requests for information regarding questions on details of the contract, proposed substitutions of materials or equipment, design changes and alternative approaches. LSCE assumes a total of ten (10) submittals, and four (4) RFIs will need to be Change Order Reviews: LSCE will review any proposed contract change orders which address unforeseen conditions, new information and resolve any inconsistencies within the contract documents. Anticipated assignments included assistance in preparing requests to the general contractor for proposals for extra or changed work; assistance in research of contract documents through the construction phase. monitoring oft the work progress over the duration of the project. installation of the liner. following each inspection. scope of work and construction contract. revlewed/complete.d. LSCE Mike Yeraka, PE November 9, 2023 Page 3 to determine if work proposed by general contractor for inclusion in a change order should be considered extra work for which a change order is appropriate; review of design calculations and intent; review of cost estimates. LSCE assumes a total of two (2) change orders will need to be Progress Payments: LSCE will review, approve, and recommend payment on the contractor's progress billings based ont the construction progress made onsite in consultation withi thel District's Record Drawings: At the end of the construction phase of the project, LSCE will develop a set of project record drawings based on field annotations provided byt the general contractor and District field staff. Record Drawings will be completed in AutoCAD and delivered to the District in digital revlewed/completed. onsite operator. format only. Assumptions: This project falls under CEQA exemption. District will pay all permit and review fees. Contractor will not need to prepare aSWPPP as the disturbed area is less than one (1) acre. Contractor will prepare the Traffic Control Plan with the Encroachment Permit Application if Contractor will perform construction staking as willl be dictated ini the Plans and Specifications. Contractor wills submit an Encroachment Permit Application if needed. needed. Services not provided: Any services not specifically identified int this scope ofv work. Scope Amendment #4 Budget Estimate LSCE proposes a budget for Scope Amendment #4 of $76,921 This includes LSCE engineering services during construction scope of work and subconsultant costs. The costs are estimated in accordance with LSCE's Schedule of Fees (enclosed). Direct expenses for travel and reproduction costs are included ini the estimates below. Table 1. Estimated Scope Amendment #4 HDDSub Geotechnical LSCE (Consor)* Sub(CTE)* $41,362 $28,405 Total $41,362 $28,405 Taskl Description Construction Total Task 6.5 Engineering Services During $10,525 $80,292 $10,525 $80,292 *Includes LSCE's standard. 15% markup feej for subconsultant services LSCE Mike Yeraka, PE November 9, 2023 Page 4 A summary of the scope amendments to-date is provided below, with a revised contract amount with Scope Amendment #4. Original Contract (Willow Lake Crossing Design) $29,795 $35,010 $43,559 $22,871 $80,292 $211,527 Scope Amendment #1 (Willow Lake Crossing Construction Management) Scope Amendment #2 (Willow Lake Inspections and Marlin Crossing Design) Scope Amendment #3 (Marlin/Marina Crossing Engineering & Surveying Services) Scope Amendment #4 (Marlin/Marina Crossing Engineering Services During Construction) Revised ContractTotal Please let us knowi if you! have any questions or comments on the proposed scope amendment. Sincerely, LUHDORFF & SCALMANINI CONSULTING ENGINEERS Beg Oscar Serrano, PE Senior Engineer Enclosures: L Aason M. Coleman, P.E Supervising Engineer 2023 LSCE Fee Schedule Consor Scope of Work Proposal CTE Scope of Work Proposal LSCE Cost Proposal for Professional Services During Construction LSCE Luhdorff & Scalmanini Consulting Engineers & 500 FIRST STREET e WOODLAND, CA95695 2023 SCHEDULE OF FEES ENGINEERING AND RELATED FIELD SERVICES Professional"* Senior Principal Principal Professional. Supervising Professional. Senior Professional Project Professional, Staff Professional. $245/hr. $235/hr. $225/hr. $180 to 220/hr. $1601 to: 180/hr. $135 to 160/hr. $145/hr. $145/hr. $120 to 145/hr. $120 to 145/hr. $1201 to 145/hr. $94/hr. $941 to 104/hr. $94 to 114/hr. $0.625/mi. Cost Plus 15% $170.00/hr $0.20ea. 200% of Regular Rates 150% of Regular Rates Cost Plus 15% Cost Plus 15% Technical Engineering Inspector. ACAD Drafting/GIS. Engineering Assistant.. Scientist.. Technician. Clerical Support Word Processing, Clerical.. Digital Communications: Specialist. PoectAdmim/Accounting Assistant Vehicle Use Subsistence Copies Groundwater Sampling Equipment (Includes Operator) Professional or Technical Testimony Technical Overtime (if required) Outside Services/Rentals Services by Associate Firms Engineer, Geologist, Hydrogeologist, and Hydrologist S a 448 0o oy 00 EXHIBIT A SCOPE OF WORK MARINA/MARLIN PIPELINE CROSSING LUHDORFF & SCALMANINI Introduction/General/Background Luhdorff & Scalmanini Consulting Engineers (LSCE) has asked Consor North America, Inc. (Consor) to provide a scope of work and fee schedule for construction phase services for the proposed waterline rehabilitation project at the Town of Discovery Bay, California. This Scope of Services has been separated intot two (2) distinct tasks for clarity andi is described in detail below. Project Understanding and Assumptions The City of Discovery Bay is needing to rehabilitate an existing waterline between Marlin Drive and Discovery Bay Marina. The existing pipeline 8-inch line under Marlin Bayi is to be sliplined. Project Assumptions LSCE is serving as the engineer of record for design and was/will be responsible for thei following items: Design of pipeline rehabilitation and appurtenances Subsurface information (i.e., Geotechnical Investigation Report) Topographic and bathymetric: survey Development of the contract documents, project drawings, including the associated Computer Incorporation of Consor provided markups and comments into at final contract document bid: set Provide construction phase services for the trenchless rehabilitation portion of the project, Aided Design (CAD) service, and project specifications. Consor will ber responsible or the following elements. including onsite observation of the sliplining operation. Total project duration is assumed to be approximately 2 months. Scope of Services Consor will perform the following services. Consor November 2023 . Luhdorff & Scalmanini Marina/Marlin Pipeline Crossing 1 Task 1-1 Project Management Objective Provide overall leadership and team strategic guidance aligned with LSCE staff objectives. Coordinate, monitor, and control the project resources to meet the technical, communication, and contractual obligations required for developing and implementing the project scope. Activities 1.1 Invoices/Status Reports Consor will prepare monthly invoices, including expenditures by task, hours worked by project personnel, and other direct expenses with the associated backup documentation. Monthly status reports will accompany each. invoice and include comparisons of monthly expenditures and cumulative charges to budget byTask,i indludingcos-tocompete. earned value, cash flow, and certified firm participation. Consor will maintain communication with the LSCE through meetings via voice, email, and fax 1.2 Project Coordination communication. 1.3 Management and Coordination of Staff will be conducted as appropriate. Consor will manage and coordinate the technical and: scope issues of the overall project. Progress meetings In addition, a Health and Safety Plan (HASP) will be created that is custom to this project. It is Consor's policy to promote and foster a safe work environment for the team both inside the office and in the field. The HASP will align with alll local Occupation Health and Safety Administration (OSHA) requirements, client Based on Consor's assessment of the probably risks and demands of this project, the HASP will consist of the Consor Safety Handbook: and a site-specific plan to address potential, probable hazards. The purpose is to proactively aid employees in identifying, understanding, and mitigating the risks they are likely to encounter when working on this project, especially when visiting a site. The Project. Manager (PM) will establish appropriate precautions and communicate those to the project team through the designated specific safety person (in most cases this will be the PM). In addition to the HASP, the safety plans of the client are attached as appendices tot this document and will supersede the HASP when staff are at project safety plans and program, and contractor safety plans. locations. Task Deliverables Consor shall deliver to LSCE a monthly invoice and status report covering: Work on the project performed during the previous month Problems encountered and actions taken for their resolution Potential impacts to: submittal dates, budget shortfalls or optional services Meetings attended Budget Analysis Issues requiring project team action Consor . November 2023 . Luhdorff & Scalmanini Marina/Marlin Pipeline Crossing-2 GPDX_E BD/Clientsluhdorff: sanuni-wsMwtafeine Crossingo CMIScopec ofv Work- Marina-N Marlin Pipeline Crossing.docx Assumptions Consor assumes: al Notice to Proceed date by. July 1,2 2024. Consor assumes up to four (4) half-hour meetings with the LSCE Principal-in-Charge or Project Project duration will be 2 months; therefore, it is assumed that there will be up to 2 progress Manager. payments/status reports. Task 2- Construction Services Objective Toprovide construction phase services related to the observation of construction activities associated with the pipeline rehabilitation. Activities 2.1. Submittal Review and Response Provide up to two (2) submittal review and response and one (1) resubmittal responses of trenchless- related documents pertaining to construction means andi methods, constructability, excavation equipment, and contractor proposed trenchless alternatives. 2.2 Attend Pre-Construction and Progress Meetings Participate in a virtual project Pre-Construction meeting and up to two (2) half-hour progress meeting conference calls. 2.3 Trenchless Construction Observations unconformities and conflicts observed on site. Observe trenchless construction work activities and prepare daily observations reports documenting conformance with the contract documents; identify and resolve trenchless construction related Task Deliverables Document and return electronic records of review and comments Construction observation reports, in pdf format Assumptions Pre-construction meeting will be 1.5 hours in duration. Ons site trenchless construction observations will bet for one (1) week, upi to! 501 hours. Review and respond to two (2) submittal and one (1) resubmittal. contractor submittals, and contractor requests fori information. LSCE will provide all relevant project materials to facilitate submittal review and construction observations including but not limited to: plans, specifications, schedules, project contact lists, Consor . November 2023 . Luhdorff & Scalmanini Marina/Marlin Pipeline Crossing +3 G:PDX_ BD/Clientsluhdorffs & ScalmaniniMarina4 MarlinP Pipeline CrossingcMiScope ofv Work- Marina- MautinPpeineceintdoc FREMONT FREMONI,CA94538 INFO@CTECALCOM MODESTO MODESTO, CA95356 FAX: (209)543-1775 SACRAMENTO NORTHHIGHLANDS, CA95660 PH: (916)331-6030 FAX: (916)331-6037 Proposal No: 25-23-038 46716FREMONT BLVD. 4230 KIERNAN AVE STE: 150 3628 MADISON AVE STE2 22 P(510)573-6362 PH:( (209)543-1799 CALINC. EE March7,2023 Attn: Oscar Serrano 500 First Street Woodland, CA 95695 530-661-0109 oserrano@lsce.com Thanks fort the opportunity to provide al bid! Please confirm we're ony your bidder's list. Send invites to: info@ctecal.com Luhdorff & Scalmanini, Consulting Engineers Subject: Estimate for Materials Testing & Inspection Services PW1 TODB Marina/Marlin Pipeline Crossing Discovery Bay, CA Hello Oscar Serrano, CTE Cal, Inc. is pleased to present our cost estimate to provide Materials Testing & Inspection services. Our quote is based on our understanding of the project provided by the plans and specifications, and we guarantee the hourly rates and unit prices included herein will remain fixed for 120 days. Our proposal rates are based on CAI Prevailing Wage Determinations applicable during the bid advertisement date of March 03, 2023 CTE Call DIRI No.1000021353. Construction Schedule Generated By: Not Available Dated: Not Available Construction Drawings Generated By: Luhdorff & Scalmanini Revision: 0 Dated: 3/1/2023 Geotechnical Report Generated By: Not Available Dated: Not Available Project Specifications Generated By: Luhdorff & Scalmanini Dated: 2/1/2023 While we have done our best to ensure that our estimate is accurate toi the project, our proposed hours, tests, or trips is highly dependent on project schedule and: sequencing, and may bes subject to change if project documentation is altered prior to construction. We would appreciate the opportunity to revise our estimate in such a case to accurately reflect any changes to our scope. CTE Cal, Inc. is a recognized Small Business with the California Department of General Services (DGS) that provides full-service consulting with offices and personnel networking throughout California. We are certified byt the U.S. Navy, U.S. Army Corps of Engineers, the National Bureau of Standards (CCRL L& AMRL) and the Division of the State Architect (DSA). Allo of our Testing and Inspection procedures are supervised by a staff ofe experienced professionals, which includes registered Structural, Civil & Geotechnical Engineers and ACI, ACIA, AWS, ASNT and ICC certified inspectors. SACRAMENTO . FREMONT - MODESTO INSPECTION &1 TESTING . GEOTECHNICAL- ENVIRONMENTAL- CONSTRUCTION ENGINEERING Contact our estimating department ati info@ctecal.com Estimate for Materials Testing & Inspection Services PW TODBI Marina/Marlin Pipeline Crossing Discovery Bay CA Prop. No: 25-23-038 3/7/2023 CTE CALINC. CTE Cal, Inc. would like to identify cost saving benefits built into our cost estimate. Often these items are overlooked during bid evaluation process: - No Added Equipment Charges (Included in Rates) No Feet for CTE Cal Standard Project Management (Included in Rates) Nol Fee for CTE Cal Standard Administrative Services (Included in Rates) CTE Cal, Inc. is committed to controlling costs for our clients and eliminating surprises during the construction process. As a result, we build our business model around transparency and providing competitive rates to minimize costs on hundreds of projects each year. In addition, with offices throughout Northern California, we are able to cover many oft thes shopt fabricators without expensive Based on our qualifications and ability to meet the staffing requirements, our firm would deliver effective solutions and a unique approach to meeting the demands of this project. Our staffwould welcome the opportunity to sit down and discuss our approach and estimated budget in greater detail. Please do not hesitate to contact us at (510)573-6362. We looki forwardi to assisting you with this travel or per diem fees. project. Respectfully Submitted, CTECal, INC. &9m SELENA GRAY, EIT STAFF ENGINEER Contact our estimating department ati info@ctecal.com Page 20 of6 FREMONT FREMONT, CA94538 INFOBCTECALCOM MODESTO MODESTO, CA95356 FAX: (209)543-1775 SACRAMENTO NORTH HIGHLANDS, CA95660 PAE(916)331-6030 FAX: (916)331-6037 46716 FREMONT BLVD. 42301 KIERNAN AVE STE 150 3628 MADISON AVE STE 22 PE(510)573-6362 PH:( (209)5 543-1799 CTE CALINC. PW7 TODB Marina/Marlin Pipeline Crossing Discovery Bay, CA Geotechnical Laboratory: Units Unit Rate Amount Materials Testing and Inspection Grading Observation & Compaction Testing ASTM D1557 Max Density Method. A/B 40 hr ea 12 hr 8 hr 4 hr 15 ea $112.00 $215.00 $103.00 $103.00 $103.00 $35.00 $4,480.00 $215.00 $1,236.00 $824.00 $412.00 $525.00 $300.00 $360.00 $800.00 $9,152.00 Estimated Subtotal for Geotechnical: $4,695.00 Reinforced Concrete Concrete Sampling & Testing Epoxy Installation Inspection Rebar Inspection Laboratory: ASTM C39 Concrete Compression Estimated Subtotal for Reinforced Concrete: $2,997.00 Project Management Final Letter/ Engineer Review Sample Pickup Trip Charge Total 1 ea $300.00 3 ea $120.00 8 ea $100.00 Estimated Subtotal for Project Management: $1,460.00 Estimated Project Total: Prop #: 25-23-038/3-7-23 Contact our estimating department ati info@ctecal.com Page 30 of6 Estimate for Materials' Testing & Inspection! Services PW TODBI Marina/Marlin Pipeline Crossing Discovery Bay CA Prop. No: 25-23-038 3/7/2023 BASIS OF CHARGES CTE CALINC. Alls services are to be provided on a time and materials basis as requested through you ory your authorized representative. Services willl be provided on a portal to portal basis when essential equipment is required including, but not limited to, nuclear gauge, concrete coring equipment, and CTE Cal's standard administrative services include weekly report distribution, invoicing on a monthly basis, including conditional and unconditional waivers if needed. Standard project management includes daily dispatch requests with 48 hours notice, report review/distribution, and monthly invoicing summaries of budget progress. Ifr required, ai final letter and affidavit can be provided when the Additional laboratory testing, fieldi inspection, engineering, project management and administrative services are available and willl be quoted as requested and based ont the CTE Cal, Inc. Fee Schedule Hourly rates/unit costs as stated are in effect fromJanuary 1, 2023 Fee Schedule provided construction begins within 120 days oft the proposal date. Hourly rates subject to DIRI Determinations will increase by Charges will be made on a time and materials basis for work performed in accordance with the rates stated in the proposal. The basic hourly rates are quoted on an individual project basis or as per CTE Estimates are based on quantities and schedules furnished by others. Where schedules are not available, assumptions are made to develop an estimated cost of services. CTE Cal, Inc. must conform tot the contractors' schedules and these can vary according toj job conditions. floor flatness equipment. account balance has been paid int full. established. January: 1, 2023 the amount dictated by the applicable determination plus 15%. Cal, Inc. published January 1, 2023 Fee Schedule. Schedule of Charges and Expenses Work from 0-4 Hours Work from 4-6 Hours Work from 6-8 Hours Cancellation (Lesst than 24hr Notice) Work over 81 hours, First 8 hours on Saturdays Time and One Half Work over: 121 hours Weekdays, over 81 hours on Saturdays, Sundays, & Holidays Trip Charge Swing/Graveyard. Shift (8 hour minimum) Reimbursables 4-Hour Minimum Billing Per Task 6-Hour Minimum Billing Per Task 8-Hour Minimum Billing Per Task Half Shift Minimum Billing Double Time See Cost Proposal 15% Premium Cost plus 15% Contact our estimating department ati info@ctecal.com Page 4 of6 Estimate for Materials Testing &I Inspection: Services PW1 TODBI Marina/Marlin Pipeline Crossing Discovery Bay CA Prop. No: 25-23-038 3/7/2023 CTE CALINC. AUTHORIZATION FOR WORK TOI BE PERFORMED Estimate for Materials Testing & Inspection Services PW1 TODB Marina/Marlin Pipeline Crossing Discovery Bay CA Should this scope of work, as described, meet with your approval, you may authorize the workt to proceed bys signing a copy of this proposal and returningi it to our office. Should you believe that a modified scope of work might better meet your current needs, please call our office at The attached CTE Cal, Inc. Standard Terms and Conditions shall govern this agreement. The opportunity to present this proposal is appreciated and we look forward to working withy you. Authorized Signature Printed Name Date Titler Attachments: CTE Cal 2023 Standard Terms & Conditions Contact our estimating department ati info@ctecal.com Page 50 of6 CTE CAL. INC. STANDARD TERMS & CONDITIONS 1. SCOPE OF AGREEMENT: CTE CAL's writtenp proposal along witht these Terms and Conditions contain thee entire agreement ("Agreement') between CTE CAL and its client ("Client)r relatingt tot thep project and the services provided by CTEC CALf fort thep project. Clientr may negotiatet ther modification ore elimination of any oft these Terms and Conditions with CTE CAL priort tos signing the Agreement. Bys signing the Agreement and/or agreeing lor receive CTE CAL's services as describedi int thep proposal, Clienta agreest tobet boundb byt these! Standard Terms and Conditions. Client agrees thati ithas been provided a copy of, read, and agrees tot these Standard Terms and Conditions.. Any prior discussions, negotiations, orr representations note expressly set forthi int the witten proposal and these" Terms and Conditions are not part oft the agreement. CTEC CALr requires that allr modifications tot thes scope oft thep proposal andt these Standard" Terms and Conditions bei inv writing ands signed by both CTEC CAL and Client. CTE CAL's! lack ofe enforcement ofa anyt term, condition, or covenant shall not constitute: ay waiver ofa any such unenforced term, condition, or covenant, or CTE CAL's rightt toir insist uponf futures strict compliance witht these Standard" Terms and Conditions. Ifa anyt term, condition, ord covenant oft these Standard" Terms and Conditions ish heldt tob bei invalid, void, or unenforceable, ther remaining provisions oft these Standard Terms and Conditions shallt bev valida and! bindingo on CTECAL. 2. PAYMENT TERMS: CTE CAL shall submit monthlyi invoices fort thev work performed ont thej project to Client, ands saidi invoices shall be due and payable upon receipt. Nor retention shall bel held! by Client. Clienta agrees thatf failuret tot timely payt thesei invoices isan materialb breach oft the agreement. Clienta agrees that uponi itsf failuret to timely pay CTE CALi invoices, CTE CALr mays suspend its work pending payment, and maye elect tot terminatey without penalty the contract underv which Client did not timelyt tender paymentf for services rendered. Clienta agrees that thep periodici invoices arep presumedt tob bec correct, conclusive, and binding on Client unless Clientr notifies CTE CALi inv writing ofa allegedi inaccuracies, discrepancies, ore errors int thel billingy within ten (10) days afterr receipto ofs suchi invoices. Clienta agreest top paya al late chargec of 1-1/2% per month ont the unpaidb balance commencing thity (30) days after receipt of ani invoice. Int the event ofa anyi increasei int the! hourly rates chargedf fori its testing, inspection, ore engineering services specified by this agreement, CTEC CALS shall provide 30 days advance noticet to Cliento of anys suchi increase. Clients shalll havet two (2) 3. CHANGESI INS SCOPE OF WORK: Client agreest thati ifit requests incidental or additional services nots specified! byt the written proposal, it will pay CTE CAL fors such services based upon CTE CAL's customary hourly or unit pricer rates fors saidt testing, inspection, ande engineering. Int thee event that changes arer madet tot thep plans and specifications for thep project or Clientr modifies ora alters the scope ofit its work, CTE CAL shalll bee entitledt toa additional compensation tot the extentt that the change 4. TIME: Client agreest that timei is oft thee essencei inc connectiony with CTE CAL'ss services, and that ane extension or delayt to CTE CAL's performance duration shall result ini increased costs to CTEC CAL. Clientf furthera agreest thata any CTEC CAL extended performance duration or delay beyondt thats specified! byt thev written proposal, and ifnonei is specified! by thep proposal, by thei initiala approved construction schedule, shallj justify additional compensation to CTE CAL. Saida additional compensation shall beb based upon CTE CAL's customary hourly, daily, orr monthly rates or unitp prices fori itst testing, inspection, andlore engineering services. 5.F PROJECT DELAY: CTE CALI is notr responsible for project delay or damages resulting therefrom causedi inv whole orp parth by the activities of Client, contractor, ori its subcontractors, org governmental: agencies, orbyf factors beyond CTEC CAL'sr reasonable control, including! butr notl limitedt to, delays caused! by reason ofs strikes, accidents, acts of God, weather, orf failure of Client tof furnisht timelyi information ora approval of CTE CAL'sw work. CTE CALS shall not ber responsiblet for any delays caused byt the actions andlor omissions ofgovernmental agencies including but not limitedt tot thep processing ofb building permits or Environmental Impact Reports. CTE CAL 6. OWNERSHIP OF WORK-PRODUCT: All documents, papers, drawings, testing data, or other work- product prepared by CTE CAL, and copies thereof, shallr remain thep properly of CTE CAL andi mayr not beu usedb by Client or other third parties without CTE CAL's express witten consent. Int thee eventt that Clientf failst top pay CTECAL fort thes services rendered, Clienta agrees tor return allo documents, papers, drawings, testing data, or other work- product prepared by CTEC CAL and nott tou use,! lend, or 7.MUTUAL COOPERATION: CTE CALa and Client agree toc cooperate withe each otheri ine every wayr necessaryi inc ordert tos effectuate thei intent oft this Agreement. Client shall make availablet to CTEC CAL alli information regarding existinga andp proposed conditions att thes site, including but notl limitedt to plotp plans, topographics surveys, hydrographic data, ands soil datai including! borings, fielda andi laboratory tests, andy written reports. Clients shall provide andlore ensure that free accessi isp providedt tot the 8.V WARRANTY: CTE CALV warrants thati ita andi its professionals arep properlyi licensed top perform thes services rendered. Clientu understands and agrees that CTE CAL does not guarantee the completion, quality ofv work performed by others ont thep project, ort thatt the construction" work complies witht the specifications, plans orb building codes. CTE CAL makes no warranly, either express ori implied, toitsf findings, recommendations, testing ore engineering results, or professional advice exceptt thati its testing, inspection, andlore engineering work was performedy pursuantt tog generally acceptede engineering standards withint thei industryi in effect att thet time ofp performance and within theg geographicl locationi inv whicht thev work was performed. CTEC CALI makes no representations concerning ther nature ofa any subsurface soil condition unless 9. EXCLUSION OFI IMPLIEDV WARRANTIES. There arel NOI IMPLEDWARRANTIES: OF MERCHANTABILITY: and NOI WARRANTIES OF FITNESSI FORA PARTICULARI PURPOSE includedy with any products orr materialsi incorporatedi into and/or utilizedi in connection with work performed by CTE CAL. CTE CAL expressly disclaims alll IMPLIEDV WARRANTIES OF MERCANTABILITY: and WARRANTIES OF FITNESSH FORA APARTICUIARPURPOSE. 10. USE OF FINALIZEDIAPPROVEDDOCUMENTS. Client agrees not tot use or permit the usel by any other entity, any plans, drawings, or other construction documents prepared! by CTE CAL which are nots signed by CTEC CAL orfi finalized. Clienta agrees tob be! liable andr responsible for any such unauthorized use ofu unsigned plans, documents, or other construction documents nots signed! by ÇTE CAL andy waives allr rights and claims against CTE CAL fort theiry unauthorized use. 11.NOFIELDI DIRECTION: Client understands that CTE CAL'sf field personnel provide technical assistancet toClient att thep projects site, and that CTE CAL willz not perform construction: supervision, construction management, or otherwise direct or oversee construction ort thev work. Clienis shalli informa all contractors and 12. CONSTRUCTONSTAKANG: Int the eventt thata any construction: staking provided by CTE CALI is destroyed, damaged, or disturbed by Client, the contractor, its subcontractors, ana act of God ora any other party othert than CTEC CAL, the costo ofr re-stakings shall be paidf for by Clienta as extray work. 13. SAFETY: Clienta agreest thati ina accordancer with theg generally acceptedi industry standards and practices, the construction contractor will assume: sole and complele responsibility forj job site conditions duringt the course ofc construction oft thep project, including safely ofa allp persons and properly, that this responsibility shalla apply continuously andr notl limitedt tor normaly work hours, andt that Client agrees toc defend, indemnify, and hold CTEC CALI harmless froma any and alll liability, loss, or damage, real or alleged, inc connection with accidents ori injury ont this projecte exceptt tot the extent çaused byt thes soler negligence ory willful misconduct of CTE CAL. 14.F PROFESSIONAL LIABILITY:CTECALM agreest top performi its testing, inspection, andlore engineering servicesi ina accordancer with they writtenp proposal, these Standard Terms and Conditions, andt the custom andp practicei int thei industryi inp place att thet time the services were rendered, andi int theg geographicl locali inv whicht the work was performed. Client underslands and agrees that CTE CAL performst testing andi inspection services uponr request! by Client, and that unless Clients specifically notifies CTE CAL thatp particular testinga andi inspection ist required, CTEC CAL assumes nor responsibility toe ensure that any particular testing ori inspection services arer neededor performed. Clienta agrees toli limit CTEC CAL's! liabilityt to Client andt toa all contractors. and subcontractors ont the; project, int total, duet toa alleged professional negligence, CTE CAL's acts, errors, or omissions, andl breaches ofc contract, tot thes sum of Ten Thousand Dollars ($10,000) or CTE CAL'st totali invoiced and paidf fee ont the project, 15. CHOICE OFLAWIVENUEDSPUTES The Agreement between CTEC CAL andi its Clients shall beg governed! by and construedi in accordance witht thel laws oft the State of California. CTE CAL and Clienta agreet that anys such actiona arising out oft thes services provided by CTE CAL: shalll bet brought int the Superior Courto of the Slated of weeksi inv whicht to objectt tot thei increase, anda anyf failuret tot timely objects shall constitute ana acceptance oft thei increase. increases CTE CAL'st testing, inspection, ore engineerings services, ort the duration of CTE CAL's performance. shall only acta as ana advisort toi its Client on any governmental relations or approvals. otherwise authorize the use ofs said documents without CTEC CAL's written consent. sitef for all necessary equipment and personnel, specifically providedi in writing. subcontractors that CTE CAL isp providingt technical assistance andi isr noto directing the work. whichever is greater. California, County of San Diego. REV10.2017KD Contact our estimating department ati info@ctecal.com Page 6 of6 FREMONT FREMONT, CA94538 INFO@CTECALCOM MODESTO MODESTO, CA95356 FAX: (209)543-1775 SACRAMENTO NORTH HIGHLANDS, CA95660 P(916)331-6030 FAX:( (916)331-6037 Proposal No: 25-23-038 46716FREMONT BLVD. 4230KIERNAN/ AVE STE 150 36281 MADISON AVE STE 22 PA:(510)573-6362 PH:( (209)543-1799 CALINC. March 7,2023 Attn: Oscar Serrano 500 First Street Woodland, CA 95695 530-661-0109 oserrano@lsce.com ETE Thanks for the opportunity to provide ab bid! Please confirm we're on your bidder's list. Send invites to: info@ctecal.com Luhdorff & Scalmanini, Consulting Engineers Subject: Estimate for Materials Testing & Inspection Services PWTODB Marina/Marlin Pipeline Crossing Discovery Bay, CA Hello Oscar Serrano, CTE Cal, Inc. is pleased to present our cost estimate to provide Materials Testing & Inspection services. Our quote is based on our understanding of the project provided by the plans and specifications, and we guarantee the hourly rates and unit prices included herein will remaini fixed for 120 days. Our proposal rates are based on CAI Prevailing Wage Determinations applicable during the bid advertisement date of March 03, 20230 CTE Call DIR No.1000021353. Construction Schedule Generated By: Not Available Dated: Not Available Construction Drawings Generated By: Luhdorff & Scalmanini Revision: 0 Dated: 3/1/2023 Geotechnical Report Generated By: Not Available Dated: Not Available Project Specifications Generated By: Luhdorff & Scalmanini Dated: 2/1/2023 While we have done our best to ensure that our estimate is accurate to the project, our proposed hours, tests, or trips is highly dependent on project schedule and sequencing, and may bes subject to change if project documentation is altered prior to construction. We would appreciate the opportunity to revise our estimate in such a case to accurately reflect any changes to our scope. CTE Cal, Inc. isa recognized Small Business with the California Department of General Services (DGS) that provides full-service consulting with offices and personnel networking throughout California. We are certified byt the U.S. Navy, U.S. Army Corps of Engineers, the National Bureau of Standards (CCRL & AMRL) and the Division of the State Architect (DSA). All of our Testing and Inspection procedures are supervised bya as staff of experienced professionals, which includes registered Structural, Civil8 & Geotechnical Engineers and ACI, ACIA, AWS, ASNT and ICC certified inspectors. SACRAMENTO . FREMONT MODESTO INSPECTION &1 TESTING . GEOTECHNICAL- ENVIRONMENTAL- CONSTRUCTIONI ENGINEERING Contact our estimating department ati info@ctecal.com Estimatet for Materials' Testing & Inspection Services PW1 TODBI Marina/Marlin Pipeline Crossing Discovery Bay CA Prop. No: 25-23-038 3/7/2023 CTE CALINC. CTE Cal, Inc. would like toi identify cost saving benefits built into our cost estimate. Often these items are overlooked during bid evaluation process: . No Added Equipment Charges (Included in Rates) No Feei for CTE Cal Standard Project Management (Included in Rates) No Feei for CTE Cal Standard Administrative Services (Included in Rates) CTE Cal, Inc. is committed to controlling costs for our clients and eliminating surprises during the construction process. As a result, we build our business model around transparency and providing competitive rates to minimize costs on hundreds of projects each year. In addition, with offices throughout Northern California, we: are able to cover many of the shop fabricators without expensive Based on our qualifications and ability to meet the: staffing requirements, our firm would deliver effective solutions and a unique approach to meeting the demands of this project. Our staffwould welcome the opportunity to sit down and discuss our approach and estimated budget in greater detail. Please do not hesitate to contact us at (510)573-6362. We look forward to assisting you with this travel or per diem fees. project. Respectfully: Submitted, CTE Cal, INC. &9m SELENA GRAY,EIT STAFF ENGINEER Contact our estimating department at info@ctecal.com Page 2of6 FREMONT INFO@CTECALCOM: MODESTO FAX: (209)543-1775 SACRAMENTO NORTH HIGHLANDS, CAS 95660 PH:( (916)3 331-6030 FAX: (916)331-6037 46716 FREMONT BLVD. 42301 KIERNAN AVE STE: 150 36281 MADISON AVE STE 22 FREMONT, CA94538 MODESTO, CA95356 P1E(510)573-6362 PH:( (209)543-1799 CTE CALINC. PW7 TODB Marina/Marlin Pipeline Crossing Discovery Bay, CA Geotechnical Laboratory: Units Unit Rate Amount Materials Testing and Inspection Grading Observation & Compaction Testing ASTM D1557 Max Density Method. A/B 40 hr $112.00 ea $215.00 $4,480.00 $215.00 $1,236.00 $824.00 $412.00 $525.00 $300.00 $360.00 $800.00 $9,152.00 Estimated Subtotal for Geotechnical: $4,695.00 Reinforced Concrete Concrete Sampling & Testing Epoxy Installation Inspection Rebar Inspection Laboratory: 12 hr 8 hr $103.00 4 hr $103.00 15 ea 1 ea 3 ea $120.00 8 ea $103.00 ASTM C39 Concrete Compression $35.00 $300.00 $100.00 Estimated Subtotal for Reinforced Concrete: $2,997.00 Project Management Final Letter/ Engineer Review Sample Pickup Trip Charge Total Estimated Subtotal for Project Management: $1,460.00 Estimated Project Total: Propi #: 25-23-038/3-7-23 Contact our estimating department ati info@ctecal.com Page 3 of6 Estimate for Materials Testing &1 Inspection Services PW1 TODB Marina/Marlin Pipeline Crossing Discovery Bay CA 25-23-038 Prop. No: 3/7/2023 BASIS OF CHARGES CTE CALINC. Alls services are tol be provided on a time and materials basis as requested through you or your authorized representative. Services willl be provided on a portal to portal basis when essential equipment is required including, but not limited to, nuclear gauge, concrete coring equipment, and CTE Cal's standard administrative services include weekly report distribution, invoicing on a monthly basis, including conditional and unconditional waivers if needed. Standard project management includes daily dispatch requests with 48 hours notice, report review/distrbution, and monthly invoicing summaries of budget progress. Ifr required, af final letter and affidavit can be provided whent the Additional laboratory testing, field inspection, engineering, project management and administrative services are available and will be quoted as requested and based ont the CTE Cal, Inc. Fee Schedule Hourly rates/unit costs as stated are in effect fromlanuary 1, 2023 Fee Schedule provided construction begins within 120 days of the proposal date. Hourly rates subject tol DIR Determinations will increase by Charges willl be made on a time and materials basis for work performed in accordance with the rates statedi in the proposal. The basic hourly rates are quoted on an individual project basis or as per CTE Estimates are based on quantities and schedules furnished by others. Where schedules are not available, assumptions are made to develop an estimated cost ofs services. CTE Cal, Inc. must conform tot the contractors' schedules and these can vary according toj job conditions. floor flatness equipment. account balance has been paid ini full. established. January1,2023 the amount dictated byt the applicable determination plus 15%. Cal, Inc. published. January 1, 2023 Fee Schedule. Schedule of Charges and Expenses Work from 0-4 Hours Work from 4-61 Hours Work from 6-8 Hours Cancellation (Less than 24hr Notice) Work over 81 hours, First 8 hours on Saturdays Time and One Half Work over 12 hours Weekdays, over 8 hours on Saturdays, Sundays, & Holidays Trip Charge Swing/Graveyard Shift (81 hour minimum) Reimbursables 4-Hour Minimum Billing Per Task 6-Hour Minimum Billing Per Task 8-Hour Minimum Billing Per Task Half Shift Minimum Billing Double Time See Cost Proposal 15% Premium Cost plus 15% Contact our estimating department ati info@ctecal.com Page 40 of6 Estimate for Materials' Testing & Inspection Services PWT TODBI Marina/Marlin Pipeline Crossing Discovery CA Bay 25-23-038 Prop. No: 3/7/2023 CTE CALINC. AUTHORIZATION FOR WORKT TO BE PERFORMED Estimate for Materials Testing & Inspection Services PWTODBI Marina/Marlin Pipeline Crossing Discovery Bay CA Should this scope of work, as described, meet with your approval, your may authorize the work to proceed by signing a copy oft this proposal and returning it to our office. Should you believe that a modified scope of work might better meet your current needs, please call our office at The attached CTE Cal, Inc. Standard" Terms and Conditions shall govern this agreement. The opportunity to present this proposal is appreciated and we look forward to working withy you. Authorized Signature Printed Name Date Title Attachments: CTE Cal 2023 Standard Terms & Conditions Contact our estimating department ati info@ctecal.com Page 5of6 CTECALINC.S STANDARD1 TERMS & CONDITIONS 1. SCOPE OF AGREEMENT: CTE CAL's written proposal alongy witht thesel Terms and Conditions containt the entirea agreement ("Agreement')! between CTE CAL and its client( ("Client)r relating tot thep project andt thes services provided by CTEC CALf for they project. Client may negotiate ther modification ore elimination of any oft these Terms and Conditions with CTE CAL priort tos signingt the Agreement. Bys signingt the Agreement andlora agreeingt tor receive CTEC CAL's services as describedi int thep proposal, Clienta agrees tot beb bound! byt these Standard" Terms and Conditions. Clienta agrees thatii itl has been provideda a copy of, read, and agrees tot these Standard" Terms and Conditions.. Any prior discussions, negotiations, or representations note expressly set forthi int thev written proposal andi these Terms and Conditions arer not parto oft the agreement. CTE CALI requires that all modifications tot the scope oft thep proposal andt these Standard Terms and Conditions bei iny writing and signed by both CTE CAL and Client. CTE CAL'sl lack ofe enforcement ofa any term, condition, or covenant shallr not constitute av waiver ofa anys such unenforced term, condition, or covenant, or CTE CAL'sr rightt toir insist uponf future strict compliance witht these Standard' Terms and Conditions. Ifanyt term, condition, or covenant oft these Standard1 Terms and Conditions ish held tob bei invalid, void, or unenforceable, the remaining provisions oft these Standard" Terms and Conditions shall bev valid and binding on CTE CAL. 2. PAYMENT TERMS: CTEC CAL shalls submitr monthlyi invoices fort thev work performed ont thep projectt to Client, ands saidi invoices shall bec due and payable upon receipt. Nor retention: shallb bel heldt by Client. Clienta agrees that failuret tot timely pay thesei invoicesi is ar material! breach oft the: agreement. Client agrees thati uponi itsf failuret to timely pay CTE CALI invoices, CTE CALI may suspendi its work pending payment, andn maye electt tot terminate without penaltyt the contract underv which Cliento didi not limelyt tender payment fors services rendered. Clienta agrees that thep periodici invoices arep presumed tob bec correct, conclusive, andb binding on Client unless Clientr notifies CTE CAL inv writing ofa allegedi inaccuracies, discrepancies, ore errors int thet billingy within ten (10)d days after receipt ofs suchi invoices. Client agrees top pay al late charge of 1-1/2%p perr month ont thet unpaid! balance commencing thirty (30) days afterr receipt ofa ani invoice. Int thee event ofa anyi increasei int the! hourly rates chargedf fori its testing, inspection, ore engineering services specified by this agreement, CTEC CAL shall provide 30 days advance noticet to Cliento ofa anys suchi increase. Clients shall have two (2) 3. CHANGES INS SCOPE OF WORK: Clienta agrees thati ifitr requests incidental or additional services not specifiedb by the written proposal, itwill pay CTE CAL fors such services based upon CTEC CAL's customary! hourly or unit pricer rates for saidt testing, inspection, and engineering. Int the event that changes arer madet tot thep plans and specifications fort the project or Client modifies or alters thes scope ofi its work, CTEC CAL shall bee entitledt to additional compensation' tot the extentt thatt the change 4. TIME: Client agreest thatt timei is oft thee essencei inc connection with CTE CAL'ss services, andt that ane extension or delayt to CTE CAL's performance durations shall resulti ini increased costs to CTE CAL. Clientf further agreest thata any CTE CAL extended) performance duration or delay beyond that specified by the written proposal, and ifnonei iss specified! byt the proposal, byt thei initial approved construction: schedule, shallj justify additional compensation to CTE CAL. Saida additional compensation shall beb based upon CTE CAL's customary! hourly, daily, orr monthlyr rates or unit prices fori itst testing, inspection, andlore engineering services. 5.F PROJECT DELAY:CTE CALI ist notr responsiblet for project delay or damages resultingt therefrom causedi inv whole orp part by the activities of Client, contractor, ori its subcontractors, org governmental agencies, orb byf factors! beyond CTE CAL's reasonable control, including but notl limitedt to, delays caused! byr reason ofs strikes, accidents, acts of God, weather, orf failure ofC Clientt tofurisht timelyi information or approval of CTE CAL's work. CTEC CAL shall not ber responsiblet for any delays caused byt the actions andlor omissions ofç governmental: agencies including but not limitedt tot the processing oft building permits or Environmental Impact Reports. CTE CAL 6. OWNERSHIP OF WORKPRODUCT. Allo documents, papers, drawings, testing data, or othery work-product prepared! by CTE CAL, and copies thereof, shall remain thep property of CTE CAL andr mayr noth beu usedb by Client ord other thirdp parties without CTE CAL's express written consent. Int the eventt that Clientf fails top pay CTE CAL fort thes services rendered, Clienta agrees tor relura allo documents, papers, drawings, testing data, ord otherv work-product prepared! by CTE CAL and not tou use,! lend, or 7.MUTUAL COOPERATION: CTEC CAL and Clienta agreet toc cooperate withe eacho otheri ine every wayr necessaryi in order to effectuatet thei intent oft this Agreement. Client shall make availablet to CTE CAL alli information regarding existing and proposed conditions at! thes site, including but notl limitedt top plot plans, topographics surveys, hydrographic data, and soit datai including! borings, fielda andl laboratory lests, andv written reports. Clients shall provide and/ore ensure thatf free accessi is providedt tot the 8.WARRANTY:CTE CALY warrants thati ita andi its professionals arep properly licensedt top perform thes services rendered. Clientu understands and agrees that CTE CAL does notg guarantee the completion, quality ofv work performedbyo others ont the project, ort that the construction work complies with thes specifications, plans ort building codes. CTE CAL makes nov warranty, eithere express ori implied, toi its findings, recommendations, testing ore engineering results, orp professionala advice exceptt thati its testing, inspection, andlor engineering work was performed pursuant tog generally acceptede engineerings standards withint thei industryi ine effect att thet time ofp performance and withint theg geographic! locationi inv which thev work was performed. CTE CAL makes nor representations concerning ther nature ofa any subsurface: soil condition unless 9.E EXCLUSION OF IMPLIEDI WARRANTIES. There are NOI IMPLIEDV WARRANTIES OFI MERCHANTABILITY and NOV WARRANTIES OF FITNESS FORA PARTICULAR! PURPOSE included witha any products orr materials incorporated into and/or utilizedi inc conneclion withy work performed by CTE CAL. CTE CAL expressly disclaims alll IMPLIEDI WARRANTIES OFI MERCANTABILITY: and' WARRANTIES OF FITNESSI FORAPARTICULARI PURPOSE. 10. USE OF FINALIZEDAPPROVED! DOCUMENTS: Client agrees nott tou use orp permitt the use by any othere enlity, any plans, drawings, or other construction documents prepared! by CTE CALI which arer not signed! by CTEC CAL orf finalized. Client agreest tobeli liable andr responsible for any suchu unauthorized use of unsigned plans, documents, or other construction documents nots signedb by CTE CAL andy waives allr rights ando caims against CTEC CAL fort their unauthorized use. 11.NOFIELDI DIRECTION: Client understands that CTE CAL'sf fieldp personnel providet technical assistance to Client alt thep projects site, andt that CTE CAL will not perform construction: supervision, construction management, ord otherwise direct or oversee construction ort they work. Clients shall inform allo contractors and 12. CONSTRUCTION: STAKING: Int the eventt that any construction stakingr provided by CTE CAL is destroyed, damaged, or disturbed by Client, the contractor, its subcontractors, ana act of God or any otherp partly othert than CTE CAL, the cost ofr re-stakings shall bep paidf for by Clienta as extra work. 13. SAFETY: Clienta agrees thati ina accordancer witht theg generally acceptedi industry standards and practices, the construction contractorv willa assume sole and complete responsibility forj jobs site conditions during thec course of construction oft the project, includings safely ofa all persons andp property, that this responsibility shalla apply continuously andr notl limitedt tor normal work hours, and! that Clienta agrees tod defend, indemnify, and! hold CTEC CALI harmless from any anda alll liability, loss, or damage, real or alleged, inc connection with accidents ori injury ont this projecte exceptt tot thee extent çaused byt thes soler negligence ory willfulr misconduct of CTECAL. 14. PROFESSIONAL LIABILITY: CTE CAL agreés top perform itst testing, inspection, and/ore engineering servicesi ini accordance with the writtenp proposal, these Standard Terms and Conditions, andt the custom andp practicei int thei industryi inp place att thet time thes services werer rendered, andi int theg geographici locali inv whicht thev work was performed. Client understands and agrees that CTE CAL performs testing andi inspections services uponr request by Client, andt that unless Clients specifically nolifies CTE CAL thatp particular testing andi inspection isr required, CTE CALa assumes nor responsibility toe ensuret that any particular testingo ori inspection services are neededor performed. Clienta agrees toli limit CTEC CAL'sli liabilityt to Client andt toa all contraclors ands subcontractors ont the project, int total, duet to alleged professional negligence, CTE CAL's acts, errors, or omissions, andl breaches of contract, tot thes sum ofT Tenl Thousand Dollars ($10,000)or CTE CAL'st totali invoiced and paidf fee ont thep project, 15. CHOICE OFL LAWIVENUEIDISPUTES: TheA Agreemen! between CTE CAL andi its Clients shall beg governed by and construedi ina accordance witht the! laws oft the State of California. CTE CAL and Clienta agreet that any sucha actiona arising out oft thes services provided! by CTE CAL shall be! broughti int the Superior Courto oft the Stated of weeksi inv whicht to objectt tot thei increase, anda anyf failuret tot timely objects shallo constitute ana acceptance oft thei increase. increases CTE CAL'st testing, inspection, ore engineering services, ort the duration of CTE CAL's performance. shall only acta as ana advisort toi its Client on any governmental relations or approvals. otherwise authorize the use ofs said documents without CTE CAL'sV written consent. sitef for all necessary equipment and personnel, specifically providedi in writing. subcontractors that CTE CAL isp providingt technical assistance andi isr not direclingt they work. whichever is greater. California, County of San Diego. .REV10.2017kb Contact our estimating department ati info@ctecal.com Page 6of6 Budget Payment willl ber made at the Billing rates for personnel working directly on the project, which will ber made at Consor'sHourly! Rates, plus Direct Expenses incurred. Billing rates are as: showni int thet table! below. Direct expenses willl be paid at the rates described here in. Labor Classification Direct Rate $285 $128 Principal Engineer III Administrative III Direct Expenses Expenses incurredi in-house that are directly attributablet tot the project willl bei invoiced at actual cost. These expenses include Travel, Lodging and subsistence per diem during construction and willl be billed at Cost. Consor proposes to complete this work as detailed above on a time and expenses basis as summarized below. Agreed "not-to-exceed" amounts are based on the scope of work incorporated herein and will not be exceeded without approval and written authorization by LCES. See table below for the proposed Fee Budget/Fee Estimate Estimate for this work. Task 1 2 Description Fee Estimate $4,700 $20,000 $24,700 Project Management Construction Phase Services Total Project Schedule Proposed preliminary schedule of the Tasks presented herein are: as follows. Task Description Start July1 1, 2024 July 2024 July 2024 End August 2024 August 31, 2024 Notice to Proceed 1 Project Management 2 Construction Phase Services Consor . November 2023 . Luhdorff & Scalmanini Marina/Marlin Pipeline Crossing - 4 Gyocsociemsuhonfas ScalmaniniMarina4 MarlinPipeline CrossingcMiScopec ofWork- Marina- MarlinF Pipeline Crossing.docx AGENDA ITEM: E4 DISC Town of Discovery Bay "A Community Services District" STAFF REPORT OR Agenda Title: Public Hearing to consider Town of Discovery Bay CSD Ravenswood Landscape Zone #9, Park, Lighting and Open Space Improvements District Assessment Report for the Fiscal Year 2024-2025; Continue Collection of Assessments on County Tax Roll and Adoption of Resolution No. 2024-12. Margaret Moggia, Finance Manager Dina Breitstein, General Manager Meeting Date: Prepared By: Submitted By: July 17, 2024 RECOMMENDED ACTION: Hold the public hearing. Approve and Adopt Resolution No. 2024-12 confirming the Engineer's Report and ordering the levy and collection of charges for the annual assessment for the Ravenswood Improvement District Assessment within the Town of Discovery Bay Community Services District for the Fiscal Year 2024-2025; continue collection of assessments on County Tax Roll for Ravenswood Landscape, Park, Lighting and Open Space Improvements District. EXECUTIVE SUMMARY: Asp part of the annual assessment process fort the Ravenswood Improvement District-DBI Lighting andl Landscape Zone 9, the Town of Discovery Bay Board of Directors adopted Resolution 2024-04 on April 3, 2024, which directed HERWIT Engineering to prepare the assessment report. HERWIT provided the Draft Assessment Engineer's Report to District Staff on May 30, 2024. In that report, HERWIT determined that based on operating costs (as shown on the Adopted Operating and Capital Budget for Discovery Bay Lighting and Landscape Zone 9) the per parcel assessment should be set at $842.36 which is the allowable maximum assessment for Zone 9. Factors leading to the assessment of $842.36 are: maintaining our emergency reserves, adequate funds for operations, and replenishing the reserves to fund future capital projects. The reserves protect DB Lighting and Landscape Zone 9 from any expensive repairs and maintenance regarding the assets of the zone such as the landscaping, park structures and the splash pad. The recommended assessment upholds the Fiscal Year 2024- 2025 budget and prudently maintains the reserve balance and makes funds available for future planned capital On June 19, 2024, the Board approved Resolution 2024-07 which accepted the Engineer's Report submitted by Herwit and which recommends a per parcel assessment of $842.36, the maximum allowable assessment for To level and collect the annual assessment, the Board must approve and adopt the attached resolution which imposes the assessment on real property within DB L&L #9 and approve the filing of the attached Notice of projects. Zone 9. This is approximately 3.8% increase over last year. Exemption. Page 1of2 FISCAL IMPACT: generated $164,791.34. Approval of resolution provides funding towards Zone 9 in the amount of $170,999.08. Previous year calculation PREVIOUS RELEVANT BOARD ACTIONS FOR THIS ITEM: April 3, 2024 Regular Board Meeting - Direct Herwit to Prepare Engineer's Report June 19, 2024 Regular Board Meeting- Set Public Hearing and Resolution of Notice of Intent ATTACHMENTS: Resolution 2024-12 Final Engineer's Report Notice of Exemption Public Notice from East County Times Public Notice. Advertisement- proof Page 2of2 TOWN OF DISCOVERY COMMUNITY SERVICES DISTRICT RESOLUTION NO. 2024-12 muc BAY 998 IFORI A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TOWN OF DISCOVERY BAY, A CALIFORNIA COMMUNITY SERVICES DISTRICT CONFIRMING THE REPORT AND ORDERING THE LEVY AND COLLECTION OF CHARGES FOR THE ANNUAL ASSESSMENT FOR RAVENSWOOD IMPROVEMENT DISTRICT ASSESSEMENT WITHIN THE TOWN OF DISCOVERY BAY COMMUNITY SERVICES DISTRICT FOR THE FISCAL YEAR 2024-2025 WHEREAS, all property owners in Ravenswood approved the formation of al landscaping, parks, lighting and open space assessment district pursuant to California Streets and Highways Code sections 22500 and WHEREAS, the formation of such district, and the levy of assessment on the real property therein was approved by the landowners in such district in accordance with California Constitution Article XIIID WHEREAS, the proposed assessments for the 2024-2025 Fiscal Year are within the limits approved by the WHEREAS, the assessments against the real property in each assessment area are not levied with regard to property values and these assessments are for the purpose of paying for the operation and maintenance NOWTHEREFORE, BEI ITI RESOLVED BY THE BOARD OF DIRECTORS OF THE TOWN OF DISCOVERY following; and (Proposition 218); landowners in accordance with Proposition 218; ofl landscaping, parks, lighting and open space installed in such district; and BAY COMMUNITY SERVICES DISTRICT. AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. The report, diagram and assessment set forth in that report ("Report") prepared by Herwit Engineers for the Ravenswood Improvement for Fiscal Year 2024-2025 is adopted and confirmed. SECTION 3. The $842.36 assessment specified in the Report for the Ravenswood District, for Fiscal Year 2024-2025 is hereby imposed on the real property within such district for fiscal year 2024-2025. SECTION 4. The Board of Directors of the Town of Discovery Bay Community Services District orders the levy and collection of such assessments in accordance with California Streets and Highway Code sections SECTION 5. The Secretary of the Board of Directors is authorized and directed to file the diagram and assessments, and any other necessary documents, with the Auditor-Controller of Contra Costa County in 22645 and 22646. accordance with California Streets and Highway Code section 22641. SECTION 6. The President of the Board of Directors or the General Manager is authorized and directed to execute any documents necessary to carry out the intent of this Resolution. TOWN OF DISCOVERY BAY SECTION 7. The Secretary of the Board of Directors is authorized and directed to file a Notice of Exemption pursuant to Public Resources Code section 21080 (b)(8) and Title 14 California Code of Regulations COMMUNITY SERVICES DISTRICT RESOLUTION NO. 2024-12. section15062. PASSED, APPROVED AND. ADOPTED THIS 17th day ofJuly 2024. Michael Callahan Board President Ihereby certify that the foregoing Resolution was duly adopted by the Board of Directors of the Town of Discovery Bay Community Services District at ai regular meeting, held on. July 17, 2024, by the following vote oft the Board: AYES: NOES: ABSENT: ABSTAIN: Dina Breitstein Board Secretary FINAL ASSESSMENT ENGINEER'S REPORT Prepared for the TOWN OF DISCOVERY BAY COMMUNITY SERVICES DISTRICT Landscaping, Park, Lighting and Open-Space Improvements District DB L&L #9 For Fiscal Year 2024-2025 Prepared by HERWIT Engineering 6200 Center Street, Suite 310 Clayton, California 94517 (925)672-6599 JULY 2024 345712, *VEXP. CIVIL OFCALIF Town of Discovery Bay Community Services District Director and President Michael Callahan Director and Vice President Carolyn Graham Director Kevin Graves Director Bryon Gutow Director Ashley Porter General Manager Dina Breitstein Assistant General Manager Finance Manager Margaret Moggia Parks & Landscape Manager Monica Gallo District's Attorney Neumiller & Beardslee Assessment Engineer HERWIT Engineering Date: June 2024 Assessment Engineers Report Subdivision 8710 (Ravenswood) For Landscape, Park, Lighting and Open-Space District DBI L&L #9, Zone #1 Pursuant to Governmental Code 61710 and procedures of the Landscaping and Lighting District Act of 1972, the Town of Discovery Bay Community Services District (CSD) is responsible for the Landscape, Park, Lighting and Open-Space District DB L&L #9 submits this "Assessment Engineers Report" for the 2024-2025 year, which This part describes the improvements in this District. The plans, drawings and specifications are on file in the Town of Discovery Bay CSD District Office. A listing of these documents and drawings are outlined in the This part contains an estimate of the cost of proposed improvements, including incidental costs and expenses in connection therewith, is as forth on thel lists, which are on filei in the Town of] Discovery Bay CSD District office. This part contains the method by which the undersigned engineering firm has determined the amount proposed to be assigned against each parcel, based upon parcel classification of land within this District, in proportion to the estimated benefits to be received. This listing is also on filei in the' Town of Discovery Bay CSD: District office. consists of five (5) parts as follows. PART A. Plans and Specifications original Assessment Engineers Report approved in 2006. PARTB. PARTO C. Estimate of Cost Method of Apportionment of Assessment PARTD. PARTE. District Diagram of Assessment Property Owner List & Assessment Roll This part by reference ofa diagram shows the parcel lot numbers that are within this District. The listing of Assessed parcels and their owners are on filei in the' Town of Discovery Bay CSD District office. During this time period the DB L&L# #9, Zone #1 District financial report shows estimated end of year totals as Engineers Assessment Report for 2023-2024 year follows: $ 194,791 Annual assessments & investment revenue was received $ 361,583 Annual expenses grounds maintenance, capital improvements, and administrative expenses, 193,874 Fund total after 2023-2024 annual expenses. Current. Assessment The 2023-2024 fiscal year assessment per parcel based on the engineer's formula defined in the Assessment Engineers Report adopted in 20061 is $811.78 per parcel. This is greater than thei initial year assessment as defined in the Assessment Engineers Report due to increases in maintenance and utility costs, and to maintain the reserve account balance. ASPh.yUNA.9I-701-Raxs Page 1of2 Inflation Adjustment t0 Maximum Assessment The maximum assessment defined in the Assessment Engineers Report adopted in 2006 is $501 per parcel based upon build out of the facilities and maintenance of the storm water basins. As specified in the. Assessment Engineers Report, the maximum assessment is escalated annually by the consumer price index for San Pancisco-Oakland-San Jose. At the time of preparation and adoption of the Assessment Engineers Report, the CPI index as published by thel Bureau of] Labor Statistics (BLS) for the Consolidated Metropolitan Statistical Area (CMSA) covering San Francisco Oakland - San. Jose reported for April 2006 was 208.9. The base year for the index is an average of 1982, 1983, and 1984 (hence 1982-1984-100). On April 2024, the same CPI index is reported as $351.24. Based upon the change in the CPI, the new maximum assessment allowed for the 2024- 2025 fiscal year is $ 842.36. Calculation of Maximum Reserve Account Balance As stated in the adopted Assessment Engineers Report, the total funds in the reserve account are limited to 200% of the total funds collected by the District's not to exceed annual assessment. The new maximum not to exceed annual assessment allowable for the 2024-2025: fiscal year is $ 842.36. This assessment is equally assessed to 203 parcels for an annual total of $ 170,999.08. Therefore, the maximum Reserve Account Balance is$341,998.16. After the reserve account has accrued to the maximum amount, any money received by the District in excess of annual maintenance and administrative costs willl be returned to the property owner in the The reserve account balance of $ 360,666 at the end off fiscal year 2022-2023 exceeded the maximum allowable of$329,5831 by a difference of $31,083. This overage is being applied to a capital improvement project approved this fiscal year (2023-2024). As a result of this, the projected reserve at the end of 2023-2024 on an appropriation basis is estimated to be! $ 193,874 which will be significantly less than the maximum (2023-2024) form of a reduced assessment in the following fiscal year. reserve balance of$ $: 329,582.68. New Assessment, for 2024-2025. Fiscal Year The District will incur normal expenses for the maintenance of the landscape District this year. The District anticipates minimal charges for capital improvements to rehabilitate existing streetscapes and parks this fiscal year. The estimated budget for 2024-2025 is $ 180,710. This equates to $ 890.19 per parcel for all 203 parcels, which is more than the maximum allowable assessment of $ 842.36 per parcel, or $ 170,990.08 maximum Based on this report, the assessment for 2024-2025 tax year should be $ 842.36 to minimize the decrease in the reserve fund balance. The assessment for the 2024-2025 fiscal year is then $8 842.36 per parcel applied equally to assessment. all 203 parcels as defined in the adopted Assessment Engineers Report. 20242035.Bagine.RpLlerJ.91-70 -F.docx Page2of2 NOTICE OF EXEMPTION To: County Clerk From: Town of Discovery Bay Community Services District (CSD) 1800 Willow Lake Road Discovery Bay, CA 94505 County of Contra Costa 555) Escobar Street P.O. Box 350 Martinez, CA 94553 Project Title: Ravenswood Improvement District Annual Assessment Project Location - Specific: Ravenswood Subdivision Northwest quarter of Section 26. Township 1 North, Range 3 East, Mount Diablo Meridian as recorded inl Book 458 of Maps, Pages 1-15, Contra Costa Project Location - City: Town ofl Discovery Bay CSD Project Location - County: Contra Costa Levyoft the annual assessment for fiscal year 2024-25 for the landscaping.park. lighting and open space district, known as Ravenswood Improvement District- DB L&L Zone #9, for the purpose of providing for the operation and maintenance of landscaping.parks: streetlights and open space installed int the Name ofl Public Agency Approving Project: Town of Discovery Bay CSD Name of Person or Agency Carrying Out Project: Town of Discovery Bay CSD County Records, Description of Nature, Purpose, and Beneficiaries of Project: subdivision. Exempt Status: (check one) [Ministerial (Sec. 21080(b)(1); 15268); [JDeclared Emergency (Sec. 21080(b)(3); 15269(a); [JEmergency Project (Sec. 21080(b)(4); 15269(b)(c)); ICategorical Exemption. State type and section number: [X] Statutory Exemptions. State code number: Public Resource Code $21080(b)(8); California Reasons why project is exempt: The formation oft the assessment district and the levy of assessments is not designed to increase: serviçes or expand a system, but if for the purpose of meeting operating expenses, purchasing supplies, equipment andi materials, meeting financial reserve needs, and obtaining funds necessary for repair and replacement to maintain such services ands systems for the Improvement District already determined to bei installed pursuant tot the various documents approving the Ravenswood Code of Regulations $ 15273 subdivision. Lead Agency: Town of] Discovery Bay, CSD Contact Person/Project Applicant: Dina Breitstein Address: 1800 Willow Lake Rd, Discovery Bay, CA 94505 Area adeletsplonehtemson: (925)634-1131 1. Attach certified document of exemption finding. If filed by applicant: Signature: 2. Has al Notice of Exemption been filed by the public agency approving the project? [JYes[]No Date: Title: General Manager Date received for filing at OPR: [X] Signed by Lead Agency OSigned! by Applicant 447742-1 DIS TOWN OF DISCOVERY BAY 1998 IFORIS A COMMUNITY SERVICES DISTRICT SDLF Platinum-Level of Governance adershy PLATINUMLEVEL President - Michael Callahan . Vice President- Carolyn Graham . Director -Kevin Graves . Director Bryon Gutow Director - Ashley Porter NOTICE OF PUBLIC HEARING TOWN OF DISCOVERY BAY FISCAL YEAR 2024-2025 COLLECTION OF ASSESSMENT ON THE CONTRA COSTA COUNTY TAX ROLLS FOR THE RAVENSWOOD SUBDIVISION NO. 8710 COMMUNITY SERVICES DISTRICT Notice is hereby given that on Wednesday July 17, 2024, at 7:00 p.m., the Town of Discovery Bay Community Services District ("District") Board of Directors, will hold a public hearing at their Regular Meeting to consider adopting a Resolution for the continued collection of the assessment on the Contra Costa County Tax Rolls, for the Ravenswood Subdivision No. 8710, Landscaping, Park, I Lighting and Open Space Improvements District also known as DB L&L Zone #9 in Discovery Bay for the fiscal year 2024-2025. The public hearing will take place at the Discovery Bay Community Center located at 1601 Discovery Bay Blvd, Discovery Bay, California. The public may attend and participate as noted on the meeting agenda. 1800 Willow Lake Road . Discovery Bay CA . 94505-9376 Telephone . 925.634.1131 . Fax. 925.513.2705 www.todb.ca.gov NOTICEOF! PUBLICHEARING TOWNOFC DISCOVERYBAY. COMMUNITY SERVICESDISTRICT FISCAL YEAR: 2021025COLLECTION OF: ASSESSMENT ONT THE CONTRA COSTA.COUNTYIAXE ROLLS FOR THE RAVENSWOOD: SUBDIVISION NO. 8710 Noticei isl herebys givent that ony Wednesday! July 17,2024, at 7:00 p.m., the Town of Discovery Bay Community Services District ("District" Boardo of Directors, will holday publich hearingat their Regular Meeting to consider adoptinga Resolution for the continued collection. of the assessment. on the Contra Costa Çounty Tax 8710, Landscaping, Park, Lighting and Open Improvements! Districta also! knowna asDB E Zone #9 in Discovery Bay for the fiscal year 2024-2025. The public hearing, will take place at the Discovery Bay Community Center located at 1601 Discovery Bay Blvd, Discovery Bay, Çalifornia. Thep publicr may attend and par- ticipate asr notedo on ther meeting: agenda. ECTE 6836359 july3 3,2024 Rolis,, for the Subdivision No. AGENDA ITEM: E5 DISC Town of Discovery Bay "A Community Services District" STAFF REPORT 95 LIFORS Agenda Title: Meeting Date: Prepared By: Submitted By: Discussion and Action to Adopt Resolution No. 2024-10-Approving Amendment to District Financial Policy #031 July 17, 2024 Margaret Moggia, Finance Manager Dina Breitstein, General Manager RECOMMENDED ACTION: Adopt resolution No. 2024-10, Amending Financial Policy #031 EXECUTIVE SUMMARY: In September 2021, the Town of Discovery Bay CSD established District Policy 031 Financial Policy that provides policy overview of several key finance areas including cash disbursements, accounts payable, monthly invoicing for water and wastewater, tax roll, cash receipts, petty cash, and references to other District policies including As it has been several years since the policy was established, the Finance Manager reviewed the policy to reflect best practices and update to reflect current procedures and roles. Summarized below are the more notable 1. Add a section on Bank accounts and Cash Management - previously this had been included as the role of the Finance Manager, but that section has been removed to reflect the necessary functions of the Finance Department rather one role. This added section also allows us to reference existing Board policy on Investments (#003). In addition, it updates the authorized signers to be the General Manager, Assistant General Manager, Finance Manager and may include other officers as deemed necessary. 2. Add section on internal controls - This section reflects role oft the Finance Manager to establish an effective 3. Renamed Section VI to Financial Reporting (previously role of Finance Manager) and added other required 4. Expanded Section' VIII on Accounts Payable to reflect who may sign checks and add language on additional payment options including wires and ACH. It also states that the Finance Department has the authority to run checks prior to Board approval if the Finance Department demonstrates that the District's policy on purchasing (Board Policy #011)has been met. The change will allow payment to vendors on a timely basis to take advantage of payment discounts. On a monthly basis, the Finance Manager will submit a register 5. Revised Section XIII Accounting for Fixed Assets by referring to a new capitalization policy that expands reserve funds and debt management. changes: internal control program for the District. reporting requirements. of all paid District invoices for the preceding month. on the District's account for capital assets. FISCAL IMPACT: None. Page 1 of2 PREVIOUS RELEVANT BOARD ACTIONS FOR THIS ITEM: District Policy 031 Financial Policy was established on September 1, 2021. ATTACHMENTS: Resolution 2024-10 Resolution 2024-10 Attachment A: District Policy 031 Financial Policy (redined) Page 2of2 DISCOI L IFORI TOWN OF DISCOVERY BAY COMMUNITY SERVICES DISTRICT RESOLUTION 2024-10 AF RESOLUTION OF THE BOARD OF DIRECTORS OF THE TOWN OF DISCOVERY BAY, AC CALIFORNIA COMMUNITY SERVICES DISTRICT, TO AMEND POLICY 031, FINANCIAL POLICY WHEREAS, from time-to-time new policies are reviewed to ensure the Town of Discovery Bay is WHEREAS, the Town of Discovery Bay Board of Directors unanimously adopted Policy 031 -F Financial WHEREAS, the amended Policy reflects more descriptive language as to the role of the Finance WHEREAS, the adoption of the amended Policy will provide clarity to roles over certain functions; and NOW THEREFORE, THE BOARD OF DIRECTORS OF THE TOWN OF DISCOVERY BAY following best practices to reflect improved business practices; and Policy (the "Policy") on September 1, 2021; and Department as it relates to internal controls and financial reporting; and WHEREAS, the amended Policy is attached hereto as Exhibit A. COMMUNITY SERVICES DISTRCT DOES HEREBY RESOLVES AS FOLLOWS: Section 1. Exhibit A. Section 2. That the Board of Directors approves the amendment to Policy 031, attached hereto as The Board Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND. ADOPTED THIS 19 OF JUNE 2024 Michael Callahan Board President Ihereby certify that the foregoing Resolution was duly adopted by the Board of Directors of the Town of Discovery Bay Community Services District at a regularly scheduled meeting, held on June 19, 2024 by the following vote oft the Board: AYES: NOES: ABSENT: ABSTAIN: Dina Breitstein Board Secretary Town of Discovery Bay Policy! Name: FinancialPolicy Date Amended: June 19,2 2024 Program Area: Finance Department Date Established: September 1,2 2021 I. Introduction ("District")., II. Purpose following: Policy Number: 031 Resolution: 2024-10. Deleted: N/A Deleted: N/A Deleted: Thea attached policies and procedures integrate! bothe existing policies and controlst tos safeguard the assets ande ensure thef financial well-being oft thel Towno of DiscoveryBay Community Service District These Financial Policies ensuret thel District staffa and Board of Directors are adhering tot the A. Financiala activityf follows accepteda accounting principles asr requiredbyt the Governmental B. Ensure compliance with governmental and private funding source reporting Providet transparency tot the public with respect tot the District's financialt transactions. A. The Board of Directors formulates financial policies, delegates administration of the financial policies tot the General Manager, andi reviews operations and activities. B. The General Manager has responsibility for all operations and activities, including Exceptions tot these policies may! be made ona ani individual basis, asr necessary, with the Thel Districts shall maintains separate bank accounts for each fund. Ina addition, the District shall adhere tot the California state coder regarding cash andi investments. The district shall maintain as separate Investment Policy #003 and regularly review policy to ensuret thati it A. Pursuant to al Resolution of the District's Board of Directors, designate ab bank, a savings andl loan association, ora a credit union, ast the depositaryoft the District'smoney, Abank, savings and loan association or credit union may acta asa depositary, paying agent or fiscal agent for thel holding or handling of the District'sf funds notwithstanding thef fact that ar member oft the Board of Directors, whose funds are on deposit int that! bank, ors savings andl loan association or credit unioni isa an Deleted: Specificf financial policies addressedint the Appendix: andt throughout theF Financial Policy: aret tobe considered parto oft the Financial Policy. Accounting Standards Board (GASB). requirements. III. Responsibilities financial management. approval of the General Manager. IV., Bank Accounts and Cash Management Deleted: Compliance with ExternalP Policies adheres to California State Code. officer, employee, or stockholder oft that bank, or savings and loan association,or credit union, or ofal holding company of any of the foregoing. B. Authorized signers oft thea account shalli includet the General Manager, Assistant General Manager, and Fir nance Manager. Thel District mayi include other officers on the bank Management has the responsibility to establish andi maintain ana adequate system ofi internal controls to ensure assets are note exposed to unduer risk, transactions are recorded properlyint the A. The Finance Manager is responsible fori implementing effective internal controls and procedures. Management: and staffi inl leadership roles are responsible for the application of internal controls within their areas ofr responsibility to safeguard assets. (1)Duties are separated so that no one person has complete control over moret than one keyf function (authorizing, approving, disbursing, receiving, or reconciling). (2)Duties are separated: so that one person's work serves asac check on another (3) Transactions are approved by the person whol has been delegated the approval B.F Responsibility for physical/custody ofa assets iss separated from record keeping accounting C.AIlI levels of management: are responsible for strengtheningl internal controls when D.Alli internal controls ares subject to examination bye external auditors who are required to E.The Finance Manager is responsible for prompt corrective action on alli internal control FCurrent job descriptions are maintained for all employment positions, indicating duties 1. There are separations ofi financial duties andr responsibilities so that no employee has sole control over cash receipts, cash disbursements, bank reconciliations or 2. Financial Procedures and Policies are reviewed annually by the General Manager, Assistant General Manager and Finance Manager. Changes are presented to and 3. Separate General Ledger accounts are maintained as required by funding source 4. Passwords must. comply with organizational standards. They are to be treated confidentially and are not shared with other staff. Policies may be established requiring the expiration ofp passwords where appropriate. signature cardy when deemed necessary. V. Internal Controls Deleted: <">Districta accounting policies and procedures <#Governmental. arec consistenty Accounting with: Standards Board (GASB).1 <#>OMB Circular A- 133 "Audits of States, Local Governments, and Non -Profit Organizations".1 Security & Access financial system, and financial information ist timely and reliable. person'swork. authority and are consistent with District policies. for those assets. weaknesses are detected. report on the adequacy of the internal controls. weaknesses andi recommendations made by external auditors. and responsibilities. othera accounting functions. approved byt the Board of Directors. regulations. Deleted: <#>Accounting forms andti timesheets are typewrittend ord completedi ini ink. Whiteouto or correction tapeist noth beu used.1 Deleted: Responsibiities Deleted: <#>Duties oft theF Finance Manager responsible, <#>The Finance! under Manager thec direction ofti the Districts oft theA Assistant shalll be General Manager andG General Manager, fort thes supervisionof the! District'sf finances. notli <#>Thec limitedt duties tot thef oft the following: Finance! Manageri include, buta are Deleted: completely anda ata allt times Deleted: <#>Pursuant toaF Resolutionc oft the! District's Boardo of Directors, designate bank, as savings andl loan association, oracredit union, asthec depositary ofthe District's money. <#>AE bank, savings andl loana associationc or credit union maya acta asac depositary, paying agent or fiscala agentf fort the! holdingo or handlingo ofthe District's fundsr notwithstanding thef factt thata member oft theB BoardofD Directors, whosef funds areo on depositi int thath bank, ors savings andl loan association ord credit unioni isa and officer, employee, ors stockholder oft thath bank, ors savings andl loana association, orc creditu union, orc ofa holding company ofa any oft thef foregoing.1 Section Break (Next Deleted: <#>Separation of duties: TheF Finance Manager shalla assigne employees too openn maila and date stamp allit items received. Employees assignedt to open then mails shall havec only" "read" accesst tot thea accounting systema andn noth beap processor ofv vendor payments or customer receipts. Mailist tobed distributedasf follows: <#>Payments receivedf for Watera and Wastewater: services ared distributedtothe Customer Service Repa assigned toy posto customer payments.1 Miscellaneous or unknownr maili itemsa are distributedt to theF Finance! Manager forr review and distributiong guidance.1 Deleted: areli inc compliance with Deleted: <">District Policiesl listedi int theA Appendix. arep part oft thisF Financial Policya anda arei incorporated herein! byr reference.1 Deleted: Payment ofb bond principala andi interest shall ber madev whenc due. Checkst top payc claims ofvendors, contractors, consultants, ando othert thirdp partiesa are approvedi by theE Board ofD Directors.1 <#>-Payments madeb before Boarda approval are permittedifa approvalisr made byt two ofthet three followings staffn members:: 1.1 The General Manager2 2. The Assistant General Manager 3.1 TheF Finance Manager. All sucho claims forp payment must conformt tot theD District's approvedi budgeta andp presentedt tot the Board att ther next. Boardo of Directors meeting forr reviewa anda approval. Payments fore employee benefits,4 457(b)o contributions anda anyo other" "employee" or Districtf fundedbenef Deleted: Accountant VI. Financial Reporting. accounting principles. A. The Finance Manager shalli install andr maintain as system of accounting and auditing that shall showt the District's financial condition in accordance with generally accepted. B. Financial Reporting: The Finance Manager shall develop financial reports not less than quarterlyo directed tot the Board ofD Directors detailing revenues: ande expenditures ine each Financial Projections: At periodici intervals throughout thet fiscal year, or on request by the Assistant General Manager, General Manager or the Boardo of Directors, the Finance Manager shall report tot the Board of Directors regardingf financial projections oft the level ofr revenues and expenditures expected! by the District ine each Governmental Fund and Enterprise Fund maintained byt the District by the endo ofe eachi fiscal year. The purpose. of such projections ist toa assuret that District operations! remainf financially. D._ Financial Audits: The Finance Manager shall assist the District auditors inj preparing comprehensive annuala auditedi financial statements for each Governmental Funda and Enterprise Fundi maintained byt the! District for eachi fiscaly year. Each Annual Financial Audits shall be reviewed! by anda approved byt the Board of Directors atap publicr meeting. The Finance Manager shalla also providei for the preparation ofa an Annual Financial Report tot the Controller asi required by Government Code Section! 53890 ets seq. E. When required, a Single Audit report shall be completed andi filedy with the State F.T The Finance Manager shall oversee the completion of the required annual reportingt to the State Controller's Office including, but notl limited to, the annual compensation G. As required byt the Continuing Disclosure Certificate, the District shall see that annual disclosure reports are filedt timely with EMMA (Electronic Municipal Market Access) H. As required by CDIAC (California Debt andl Investment Advisory Commission), the Finance Manager ist to ensure timely completion oft the annual MARK-ROOSI reports. . The Finance Manager shall direct that allf financial transactions, follow District policies.. A. The Finance Manager shall be responsible for managing the accounts oft the District. The Finance Manager shall adopt a procedure for drawing and signing checks thata adhere to generally accepted accounting principles, District bylaws, andp policies., B. Bi-weekly payrolli is prepared by the Finance staff assigned toj prepare payroll. The Financel Manager reviews they payroll worksheet by employee. Total salary, Governmental Fund and Enterprise Fund oft the District. solvent ine each Fund. Deleted:. Page)- Controller and other required entities. report and thef financialt transactions report. VII. Cash Disbursements hours worked, time- off arer reconciled tot timesheet records and time-offr requests. Once completed the Finance Manager approves payroll for disbursement. VIII. Accounts Payable A. Alli invoices received byt the District shalll be approved by the appropriate manager. Account coding shall ber reviewed by the Finance staff assigned toy vendor processing B. Invoices shall be entered intot the accounting system for processing. Noi invoices or debts aret tol be paid without ani invoice or check request anda approved as per the Policy C. Allo checksi inp payment of claims or demands for money against the District shall be drawnb by the Finance staff assigned toy vendor processing under the direction of the. Finance Manager ands signed by; the General Manager whos serves ast the District. Treasurer andt the Finance Manager. Int the absencè of onei individual, the Assistant General Manager may sign. Prior to disbursement,al Finance staff shall verifythat the disbursement hast thea appropriate backup, authorization and the check detail D. The Finance Department may utilize other means top pay vendors including ACHor wire. Ini this case, the Finance staff prepares the payment request int the banking. platform andt then the General Manger or Finance Manager willi independently review anda approve the release of disbursement. One person shall not have the abilityto E. The assigned employee with physical control oft the checks will be accountable for all check numbers and willr not have: signature authority ont the account. Should a check be found to beu unaccounted for,t the employee! having control oft the checks willr notify the Finance Manager, General Manager, and the Bank of the lost check. Persons who are signatory tot the account will not have access tol blanko checks, including keys or the F. Onan monthlybasis, the Finance Managers shall submit ar register of District invoices paid. G. Thel Financel Manager shall ber responsible for the reconciliation oft thel bank account statements each month. Ther reconciliations shall bek kept ont filet fori inspection by the auditor wheny performing the annual audit of the District'st financial records. Deleted: Accountant ort the Finance Manager. #011 Purchasing & Procurement. Deleted: Accountant Deleted: ar minimumo oft twoo oft thef following:t the General Manager, Assistant Generall Manager,or member oft theB Boardof Directors.. Allchecks shall requiret twos signatures... match the invoice. perform both functions. Deleted: <#>Payment transmittalrequests: made tot the Contra Costa Countyl Treasuryo ont behalf of the District todistribute Districts paymentst tov vendors onf funds ont behalfof thet shallk bes signed by 2ofth thef following: the General Manager, Assistant General Manager, or member oft the Boardo of Directors.9 Deleted:T Deleted: tot theE Board of Directorsf fora approval. combination tot thel lockedr repository oft the checks. thep precedingmonth., IX. Monthly Invoicing- Water and Wastewater A. District customers: shall bei invoiced through the utility management: system for monthly water and wastewater usage (commercial customers only). Water usagei is captured by electronic transmission oft the meter reading viaa a 3rd party vendor. B. Finances staff assignedt toi invoicing, shall prepare the monthlyi invoicing file ont the 1st Auditr reports shall ber runi for "zero" meter reads (meters that didr note electronically transmit a reading); al list ofz zeror readsi isg givent tot the Water and' Wastewater Department: staffto manually obtain meter readings. Deleted: Customer Service Rep Deleted: Manager business day oft the month. D. Manual meter reads aree entered intot the accounting system byt the Finance staff E. Upon completion of billing process, ane electronic file ist transmitted toa a 3rd party vendor. The 3rdp party vendor prints and mailsi invoices, and electronically transmits invoices tot the customers whol have requested paperless billing statements. Annually, the District submits tot the County of Contra Costat the completed Levyf formsf for the upcoming fiscaly yeart to assess the parcels within the District the following: A. Annual Water and' Wastewater account charges are assessedt tor residential customers ont the Propertyl Tax Rolla as per the Adopted Water and Wastewater rate: study. B. Annual Assessments for Zone 9a are determined by an Engineer's Report and Board of Director approval. The Finance Manager shallo contract with the District's engineering firmt toy prepare the engineering report for Zone9. The Finance Manager shallp present the draft engineering report tot the Board of Directors for approval aftera a public The Finance Manager shall be responsible fort the accurate: andt timely submission oft thel Tax Roll. Undert the direction oft the Finance Manager, the District staff assigned toy prepare the Tax. Roll: shall prepare the annual Tax Rollf for review! by the Finance Manager. Monies received through the Tax Rolla are held witht the Contra Costa County Treasurer and shall bet transferred to District accounts inat timely manner. Deleted: Customer Service Rep assigned toi invoicing. X. Tax Roll hearing. Deleted: Customer Service Rep Deleted: onb behalf ofthe! District. Monies heldi byt the Contra Costa County Treasurer... Deleted: afterr receipt Deleted: Customer Service! Rep audited! Deleted: byas Dailyt secondarys talliesa andr employee reports who arec completed didn notp processt and the payments.1 Deleted: receipting Deleted: Customer Service Rep Deleted: theb bi-weekly Deleted: his/hers XI: Cash Receipts Daily processing ofp payments received int the District office aret transmitted and posted to customer accounts! by the Finance staffa assigned to payment processing., The District contracts with a 3rd party vendort tor manage automatic, on-line and credit card payment processing. Daily paymentsr received viat the 3rdp party vendor are posted tot thec cash yeceipt system daily by Finance staff assigned to 3rd party payment processing. Monies ared collected! byt the3 3rd, party vendor are deposited into al holding account; the Finance Manager shalli initiate transfer of monies tot the District's approved! bank. The General Manager or their designee must approve any exceptions to thep policy. A. Cash will NOT bea accepted from! District customers for payment of water or wastewater fees, copies, faxes, notarys services or other services. B. Mails shall be opened promptly and distributed by the employee assigned to open the mail. All checks shall be forwarded to the, Finance staff assigned.. to. payment. processing for immediate processing into the cash receipting system. Deleted: Customer Service Rep C. Daily deposits shall be completed by the Finance staffa assigned toy payment. processing. Deposits are remotely processed usingt the electronic checks scanner and software provided by thel District's financial institution. An,employee who did not process the deposit, shall verifyt the deposit report from the cash receipting system matches the report generated byt thek bank for the deposit. D. Checks shalll be date: stamped,. thenf filed by datey with theb balancing reports byt the Finance staff assigned to payment. processing.. Physcial checks are retained for 90 days. After 90 days checks are disposed of usingt the District's document destruction vendor in accordance with District's retention schedule., The Finances staff assigned to cash! batchy posting shall verifyt the cash! batchi is correct and balanceda and willp post the payment batchi int the cash receipting system. F. Fundsa awaiting bank deposit are kepti inal locked file/safe with access limited tos staff Deleted: Customer Service Rep Deleted: employee, who Deleted: ande endorsed Deleted: Customer ServiceF Rep Deleted:c Deleted:. Deleted: Accountant Deleted: posting, designated byt the General Manager. XII. Petty Cash Thep purpose ofa Petty Cash Fund ist toi facilitate small purchases or reimbursements neededi in the day-to-day operations oft the organization, without going through the checkwriting process. A. Thel limit for they pettyo cash fund is set by the Board of Directors. B. Petty cashs shall be! kepti ina al locked! boxa ands secured inal locked filing cabinet, safe or locked desk. Only the General Manager, Assistant General Manager and, Finance staff assigned as custodian of the funds shall have! keys tot thel locked box. Disbursements of up to $100r mayb ber madef from thep pettyo cashf fund for miscellaneous expenses. Disbursements) more than $100 may be made with prior approval oft the D. Iffunds are requested tor makea a purchase, the purchaser must completeaP Petty Cash Receipt fort fundsr received prior to custodian providing the requested funds. Thep purchaser must submit receipts fora all purchases to the custodian oft thet fund, including changei ift funds were requested prior top purchase. Int the case ofal lost receipt, the General Manager or Board of Directors may approve a disbursement basedo ona a F. Thec custodian: shalle ensuret that thej petty cashs slipi isp properly completed, anda ap proper G. The custodian shall ensuret that they petty cash box contains receipts and cash always. H. Anyi irregularities int the petty cashf fund arer reportedi immediately tot the General Requests tor replenish thei funda are completed byt thee employee assigned tol bet the custodian oft thep pettyo cash fund and approved byt the General Manager and the Finance Deleted: Accountant Deleted: inexcessof Deleted: purchaser General Manager. memo describing thei item ando cost. receipti isa attached. totaling the amount of thet fund. Manager. Loans willr not be made fromp petty cash funds. Deleted: totaling thez amount ofti thef funda ata allt times Manager. Pettyo cash replenishments ares submitted andy paid! by check with the: signed approvalo oft the General Manager or Assistant General Manager and Finance Manager. K. The Finance Manager: shall periodically make unannounced checks of petty cash. A "Cash Box Balance Sheet" spreadsheet is maintained by the Finance staff assigned as custodian of the funds. Iti is completed each time the cash box is verified to Deleted: Accountant asset. ensuret there arer noi irregularities. XIII. Accountingo of Fixed/ Assets Deleted: TheD Districte establisheda ac capitalization threshold of$1,000f forp property expectedt tob benefit thec operation of thec organization forn multipley yearst tobec considereda af fixed The Finance Managers shall conduct ana accounting and inventoryo ofa allT Towne equipment on ana annual basis. At thec conclusion ofs suchi inventoryt theF Finance! Manager shallr report ther results thereof totheB Boardo of Directors ando certifyt thec completeness oft thei inventory.1 Suchi inventorys offi fixeda assetss shalli includet thef following: <#>Alle equipment, tools, andv vehiclest thati individually havea and originalt total costo ofr moret than $1,000.9 <#>AIII landa andi buildings regardless ofv value.1 <#>Thev value ofa anya additions or majori improvements or renovationst tot theD District'sv water, wastewater and/or parka andr recreation servicei infrastructure.1 Thel Districtr maintainst thef fixeda assets subledger,records shallbe updatedb by theF Finance! Managera annually during thea auditp process. Allchangesi int thes status ofaf fixeda asset, sucha asp purchase, sale, destruction, loss, theft, etc.is recordedi int thef fixeda assets subledger. Informationt tob ben maintainedi int thef fixeda assetr records shalli include atl leastt thef following: storage location.1 <#>original cost. <#acquisition date. <#>lifee expectancy.1 <#>classification codea as office equipment, vehicle, etc. Deleted: separate Deleted: eachf fiscaly yearf for Deleted: -Section Break (Next Page)- Deleted: <#>Preliminary: andF Final Budget <#PRequirementse of Government Codes 561110.1 <">Pursuantt to Government Codes 561110, onor before September 1ofe eachf fiscaly yeart theE Boardof Directors shalla adopta al budgett thats shallo conformt to thea accountinga andb budgeting procedures fors special Districts containedi inal Titlel lloft the California Code ofR Regulations: Section 1031.1 ets seq. ands Section 1121 et seq.1 Theb budgetr mayl bec dividedi intos some or alloft thef following categories: (a)n maintenance: and operations; (b)s services ands supplies; (c)e employee compensation and! benefits; (d)c capitale expenditures; (e) principal andi interestp payments fori indebtedness; (0r reserves restrictedf forc capitale expenditures; (g)r reserves restrictedf forc operating, shortages, ando other contingencies.1 Moved (insertion) [1) Deleted: The Finance Managers shalle ensure that the District's establishes a capitalization policy and program to ensure that cash outlay incurred to acquire assets for usei in operations meet certain dollar and usefull life requirements. Those expenditures that do not meet these requirements! shall be expensed. The program established shall ensure that the Districtis. ablet tot track and report ont these assets, identifying key descriptors, current net book value and adhering tot the guidelines set forth! by GASB and other best practices. A separate policy! #034 has been established toi further describe the District's capitalization policy. XIV. Governmental Funda andE Enterprise Fund Budgets Atthec direction oft the Generall Manager, theF Financel Manager shalle establish ana annual) budget for each oft thet following: A. Governmental Funds Zone 8Lighting &L Landscaping! Fund. Zone 9L Lighting &L Landscaping Fund. B., Enterprise Funds Water Fund. Wastewater Fund. Although Government Codes 56 61110requirest that the District budget bea adopted onor. beforeSeptember) 1ofe eachfiscalyear, thes goal oft the Boardof Drectorsistoadoptthe The Boardo ofD Directorsi istor receivet the draft budgetf fromt the Finance Committeel in Maya att the AnnualE Budget Workshop.. Att thisr meeting, the Boardy willl hear ther reportf from the Finance Manager and comments fromt thep publico ont thec draft! budget. After hearing allt thei input, the Boardy will deliberate ont thec draft budgeta andi make any changest toit.A After deliberation ofr revisionst tot the draft budget, the Boardo of Directors shall direct the Finance Manager top prepareap proposedf finall budget that conforms tog generallya accepteda accounting: and! budgeting proceduresf for SpecialDistricts. The Boardo ofD Directors: shallp publishar notices stating: (a)t thata ap proposed final budget! has been preparedy whichi is available fori inspection att the District; and (b): specifyingt the date, time, and place whent the! Board of Directors will meett toa adopt suchf final budget and advisingt that any person maya appear tob bel heardr regarding: any itemi int the! budget. Such! Notice of! Hearing oft the Board of Directors ont thep proposedf finall budgets shalll bey publishedo one (1) time atl least two weeksk beforet the hearingi inar newspaper ofgenerald circulationt throughout theDistrict. budget bythes endoft thef fiscaly year (June 30th), Moved up! [1): Although Government Code 561110 requires thatt theD Districth budget! bea adoptedo lonor before September lofe eachf fiscaly year,t theg goaloft the Boardo of Directorsistoa adopt theb budget byt the endof thef fiscaly year (June 30-).1 Deleted: TheE Boardo of Directorsist tor receivet thed draft budgetf from the Finance Committeei in Maya att the Annual Budgety Workshop. Atthisr meeting, theB Boardy willh heart the report fromt theF FinanceN Managera ando commentsf fromt the public ont thec draftb budget. Afterk hearing: alli input, the Board willo deliberatec ont thec draft budgeta andr makea any changest toit.A After deliberation of revisionst tot the draft budget, theE Board of Directorss shall direct theF Finance Manager to prepare a proposedf finalb budgett that conforms tog generally: accepteda accountinga andb budgeting procedures fors SpecialD Districts... Deleted: Directors Deleted:. Deleted: arei inc compliance with Deleted: District Policy #014F Reserve Fund Policyi isp part ofthis FinancialF Policya anda arei incorporated! hereinb by reference. <>Capital and Operating! Reserve- Watera and Wastewater. The Capitala ando Operating Reservei istobe utilized or unforeseen capitalp projectst thata arer necessary tor meetr regulatory requirements, systemr reliability, and future needs; andt too coverc cashf flows shortages caused byas short-t term, unexpected disruptiono ofa anticipated revenue orv whene expenses become duel before the anticipatedi revenuet toy payt those expensesi isr received. It istheg goalo oft theD Districtt ton maintaint the Capital Reserve atr nol lesst than3 30%0 oft the Watera andV Wastewater annuald operatingr revenue.1 <#>Lighting and! Landscaping #8F Reserves. The Capital Reservei istobeu usedf for capital projects thata are necessary tor meetr regulatory requirements, andf future improvements; andt toc cover cashf flows shortages caused byas short- term, unexpected disruption ofa anticipated revenue orv whene expenses become duel beforet the anticipated revenuet top payt those expensesi isr received.It istheg goalo oft thel Lighting: andL Landscaping District (LLD) #8t tor maintaint the CapitalF Reservea at nol lesst than! 50% ofthet totaloperating/ revenues. <#>Lighting andl Landscaping #9F Reserves. The Capital Reservei istob beu usedf forc capital projectst thata are necessary to meet regulatoryr requirements, andf future improvements; andt too cover cashf flows shortages causedbyas short-term, unexpected disruption ofa anticipatedr revenue orv whene expenses become due! beforet thea anticipatedr revenuet topay thosee expensesi is received.1 Thel Lightinga and Landscaping! District (LLD) #9r reserve accounty will maintaina reserve ofr nol lesst than5 50%0 oft thet total operating revenuesa andisli limitedt toan maximumo of 200%0 oft thet totalf fundso collectedb byt thel LLD. Aftert the reserve! hasa accrued tot ther maximum amount, any moneyr received! byt thel LLDine excess ofwhatv wass spent on thea annualr maintenance: anda administrative costs willl ber returnedt to thep property owneri int thef form ) The Boardo of Directors shallt then vote ona adoption oft thep proposed final budget att the close ofa publich hearing. TheE Boardo ofDirectors goali ist toa adoptt thet finall budget priort tot thee endo oft the fiscaly year. AC copy oft thef finall budgeti ist tob bep posted ont thel District website once adopted. Jhe Finance Manager shall ensure that the District's reserves, follow Policy #014 Reserve Fund Policy. The District's reserve funds are established, maintained, and set aside for a specific, designated purpose, and therefore: are restricted int the wayt they can be used. XV. ReserveFunds XVI. DebtManagement Policy #026 Debt Management. Section Break (Next Page)- The Financel Manager att the direction oft the General Manager and/ Assistant General Manager shall directt that allo debt management byt the District ort the Discovery Bay Public Financing Authority (including payments, refinancing of debt andi issuance ofr new debt) shalla adhere to A. The debt policy! has been developed to provide guidance int thei issuance and management of debt byt the! District ori its related entities andi isi intendedi to comply withs section 8855(1) oft the California Government Code effective on. January1, 2017. B. The debt policys shallg govern allo debt undertaken! by the District. C.D Debt mayb be uset for purposes outlined per the Policy #026 Debt Management. Formatted: Numbered Leve!: 2+ Numbering Style: A,B,C,. + Starta at:1+ Alignment: Left + Aligneda at: 0.4"+1 Indenta at: 0.65" Formatted: Indent: Left: 0.4", Hanging: 0.25", Numbered Level: 2+ Numbering! Style: AB,C.+ Start at:1 1+ Alignment: Left Aligneda at: 0.4" + Indent at: 0.65" APPENDIX District Policies Thei following policies are hereby part oft theF Finance Policy oft the Town of Discovery Bay, Community. Services District. Each policyisr reviewed annually. Policy changes are presentedt to The General Manager,Assistant General Manager and Finance Manager undert the direction of the General Manager, shallk ber responsible that investments: adheret to: District Policy Number 003 Investment. Policy. Expense Policy and Use of Public Resources that alle expenses submitted: andp paida adhereto: Employees andfor) Boardi Member Compensation. Purchasing, Procurement and Contracting District Policy Number 011 Purchasing & Procurement. and approved by the Board of Directors. Investment of District Funds The General Manager, Assistant General Manager, and Finance Manager shall be responsible District Policy Number 008 Reimbursemente of Expenses and Travelofofficials and The Generall Manager, Assistant General Manager andF Financel Manager undert the direction of the General Manager, shall! ber responsiblet thata allp purchasesa ando contracts adheret to: Reserve Fund The General Manager, Assistant General Manager and Financel Manager under thec directionof the General Manager, shall be responsible thati fund reserves adheret to: District Policy Number 014 Reserve. Fund. Disposal of Surplus Property The General Manager, Assistant Generali Manager andF Finance Manager under the direction of the Generall Manager, shall ber responsible thata alls surplus propertythati isd disposed ofa adheresto: District Policy) Number 0151 Disposition ofSurplus Properh. Debt Management The General Manager, Assistant General Manager and FinanceN Manager undert thec directionof the General! Manager, shallb ber responsible. allo debta ando debt paymentsa adhereto: District Policy Number 0261 Debt Management. Page 3: [11 Deleted A. Page 8: [2] Deleted Margaret Moggia Margaret Moggia 5/21/2024 1:44:00 PM 5/21/2024 11:04:00 AM AGENDA ITEM: E6 Town of Discovery Bay "A Community Services District" STAFF REPORT 998 IFORS Agenda Title: Discussion and Possible Action to Adopt Resolution No. 2024-11- - Add Policy #034- - Capitalization Policy Meeting Date: July17,2024 Prepared By: Margaret Moggia, Finance Manager Submitted By: Dina Breitstein, General Manager RECOMMENDED ACTION: Adopt resolution No., 2024-11, Capitalization Policy #034 EXECUTIVE SUMMARY: Inr review of District's approved policies, the Finance Manager noted there is no stand-alone capitalization policy to reflect the scope and understanding of cash outlay that may be deemed as capital assets. This policy is being established to provide the following goals and objectives: Define capital assets Clarify capitalizable costs versus expenses Set the threshold of a capital asset Determine the estimated minimum useful life ofa a capital asset Determine the eprecatonamortuzation method of a capital asset Describe procedures fori impairment of capital assets Describe procedure for replacement and retirement of capital assets Describe procedure for disposal of capital assets Previously, the District used at threshold of $1,000; however, best practices show that a minimum of $5,000 is more reasonable for tracking and reporting. In addition, the added language will provide clarity to the District on how to budget, account and report this information. FISCAL IMPACT: None. PREVIOUS RELEVANT BOARD ACTIONS FOR THIS ITEM: None. Page 1of2 ATTACHMENTS: 1. Resolution 2024-11. 2. Capitalization Policy. Page 2of2 DISCOD TOWN OF DISCOVERY BAY COMMUNITY SERVICES DISTRICT RESOLUTION 2024-11 98 FORI AR RESOLUTION OF THE BOARD OF DIRECTORS OF THE TOWN OF DISCOVERY BAY, AC CALIFORNIA COMMUNITY SERVICES DISTRICT, TO ESTABLISH A CAPITALIZATION POLICY WHEREAS, from time-to-time new policies are established to ensure the Town of Discovery Bay is following best practices to define capital assets, set parameters as whati is tol be capitalized, and manage WHEREAS, after a current review of Town of Discovery Bay policies, there was not a comprehensive WHEREAS the adoption of the Capitalization Policy will provide staff with a better-defined policy to its capital assets; and policy to address the District's capitalization policy; and properly record the District's cash outlay for capital projects; and WHEREAS, the Capitalization Policy is attached hereto as Exhibit A. NOW THEREFORE, THE BOARD OF DIRECTORS OF THE TOWN OF DISCOVERY BAY COMMUNITY SERVICES DISTRCT DOES HEREBY RESOLVES. AS FOLLOWS: Section 1. Section 2. The Board of Directors adopts the Capitalization Policy, attached hereto as Exhibit A. The Board Secretary shall certify the adoption oft this Resolution. PASSED, APPROVED AND. ADOPTED THIS 19 OF JUNE: 2024 Michael Callahan Board President Ihereby certify that the foregoing Resolution was duly adopted by the Board of Directors of the Town of Discovery Bay Community Services District at a regularly scheduled meeting, held on June 19, 2024 by the following vote of the Board: AYES: NOES: ABSENT: ABSTAIN: Dina Breitstein Board Secretary Town of Discovery Bay Program Area: Finance Department Date Established: June 19, 2024 PURPOSE Policy Name: Date Amended: Policy Number: Resolution: Capitalization Policy N/A 034 2024-11 The purpose of this Capitalization Policy ("Policy") is to set requirements and establish a threshold for expenses incurred to acquire assets that are used in operations and have initial minimum useful lives extending beyond a certain length of time. Qualified expenses that meet the minimum useful life requirements and are valued above the threshold are to be recorded as a capital asset. Expenses valued below the threshold are charged as an operational expense as incurred. II. GOALS & OBJECTIVES The Policy is intended to clarify capitalizable costs versus expenses and provides guidelines for the capitalization, depreciation, impairment, replacement, retirement, and disposal of capital assets to comply with the requirements of Governmental Accounting Standard Board (GASB) The Policy is intended to provide guidance and set rules of operation for the District in the statements related to capital assets, and other industry best practices. following areas: Define capital assets; Clarify capitalizable costs versus expenses; Set the threshold of a capital asset; Determine the estimated minimum useful life of a capital asset; Determine the eprectatonamortization method of a capital asset; Describe procedures fori impairment of capital assets; Describe procedure for replacement and retirement of capital assets; and Describe procedure for disposal of capital assets. Page 1 of8 III. ROLES AND RESPONSIBILITIES The Finance Manager is the designated administrator of the Policy and shall have the responsibility and authority for determining which District assets shall be capitalized. The Policy shall be initially adopted by the Board and reviewed periodically to reflect changes from GASB updates, and other guidance. Future updates toi the Policy require approval by the Board. IV. DEFINE CAPITAL ASSETS District capital assets include land, buildings, building improvements, furniture, vehicles, machinery and equipment, treatment plants, and all other tangible, intangible, donated, and leased assets that are used in operations and that have initial minimum useful lives extending To be considered for capitalization, an asset must meet the following requirements: beyond three (3) fiscal years. Be acquired (purchased, constructed, donated, or leased) and used in operations and not Have an economic minimum useful life of at least 3 years or extends the economic minimum useful life of an existing asset by at least three (3) years; and The cost of each asset/component unit of the asset must be greater than or equal to Assets that are donated to the District will be recorded at their fair market value at the time of donation. Those assets can only be capitalized if they are used in operations and for investment or sale; and $5,000; and meet the minimum useful life and threshold requirements. Ift the capitalization dollar threshold is not met, exceptions may be taken into consideration ifa group of similar assets were purchased all together (e.g., purchased all new furniture at once). In this case, even the individual component of the various assets within the group may have different minimum useful life (e.g., tables have 20-year life VS chairs have 10-year life), the group oft the assets will be capitalized as a single asset with the shortest minimum useful life (e.g., new furniture, 10 years). V. DEFINE CAPITALIZABLE COSTS VS EXPENSES Most the District's capital assets are designed and constructed specifically for its water and wastewater facilities where projects follow this order: feasibility study, management and Board approval, design, construction, and placement of assets into service. Page 2 of8 When to Begin Capitalizing Costs Costs should be capitalizable only after management believes it is probable that the project (or study) will eventually result in an operational asset. These determinations (probability of completion and placement in service) must be made by management based on their best belief and knowledge oft the facts and circumstances. Costs to be Capitalized Once a project has been determined to be capitalizable, all project/study related costs should be capitalized. Capitalizable costs include the cost to purchase or construct an asset and any ancillary charges necessary to place the asset into its intended location and condition for use. Ancillary charges include legal and title fees, closing costs, appraisal and negotiation fees, surveying fees, land preparation costs, demolition costs, audit and accounting fees, and Internal costs such as labor and benefits of employees can be capitalized only if the costs reflect the labor ofi individuals who worked on a given construction project. This excludes indirect labor Costs such as consultant costs and construction management costs that are related to design, construction, or acquisition of a group of capital assets should be capitalized and allocated to In certain circumstances, regulatory permits may require certain specific regulatory activities such as public notices, public meetings, etc. Costs specifically identified with the regulatory process may be capitalized. Prudent judgment should be taken to avoid capitalizing project promotion activities that may have been required by the regulatory process but that are in Constructed capital projects should be recorded as individual component units with different Capital assets acquired for nominal amounts should be handled as donations for accounting purposes but be recorded based on the appropriate fair value the government would have had Costs associated with the application development stage of computer software development can be capitalized, but onlyi ifthey arei incurred after management andi the Board approvet the project. Costs related to infrastructure improvements and refurbishments can be capitalized only if the transportation charges. and benefits from being capitalized. each individual component unit. essence community education costs regarding the project. minimum useful lives once the project is completed and placed in service. to pay to acquire the assets. costs provide additional value by either: Page 3 of8 lengthening a capital asset's estimated minimum useful life (e.g. an asset has original life of 40 years, remaining life of 20 years, extended life to 25 years after improvements or refurbishments) Or Increasing a capital asset's ability to provide service (e.g. increase in production capacity) Cost related toi infrastructure replacement can be capitalized and the new component should be depreciated over the specific time frame that conforms to when the District next expects to replace that item. The cost and accumulated depreciation oft the replaced component should be removed. This can be estimated by engineers by approximating when the replaced component wasi installed and approximating the cost of the component that was installed at this time. Certain projects may contain both improvement and repatr/maintenance. Care should be given to distinguish actions that lengthen the minimum useful life of an asset from those that merely avoid shortening it. Costs to be Expensed Costs Prior to Management Approval: If at the onset of the project (or study) it is the judgment of management that it is not probable that the project/study will ultimately result in an operational asset, then the project/study costs should be expensed until the point in time that management believe it is probable that the project or study will result in an operational asset. Feasibility Study: A feasibility study is a formal evaluation of a potential project. Feasibility Study Expensing Costs That Were Previously Capitalized: If a project thought to be probable of completion and expected to be placed in service is later found to be unlikely to result in an operational asset, all costs related to that project should be expensed as an operating expense Other Costs: General and administrative costs such as indirect labor and benefits should never be capitalized. Overhead costs should be classified as an expense in the period they arei incurred. Costs incurred during the construction of the capital asset such as community education, Training on how to use a capital asset is not a capitalizable cost because it is not a part oft the cost to place the asset into its intended location and condition for use and does not provide benefit costs prior to management approval should remain expensed. int the year that information about the change in expectations occurs. marketing, and outreach should be expensed in the period they are incurred. throughout the useful life of the capital asset. Page 4 of8 Repairs and Maintenance are expenses that retain the capital asset's value and should be expensed int the period incurred. Maintenance activities are defined by GASB as "those activities that allow assets to continue to be used during their originally established useful life". Costs Related to Leased Assets: GASB 87 defines the cost of the intangible (right-to-use) lease asset equalt tothe value ofl lease liability + lease prepayments made for future periods + any direct ancillary costs necessary to place asset into service (excluding debt issuance costs). District shall capitalize the lease assets if they meet the minimum useful life, threshold, and the definition of al lease. V. THRESHOLD OF A CAPITAL ASSET The District establishes $5,000 as the threshold minimum value for capitalization. In compliance with GASB34 requirements, the District's capital assets are reported at historical cost. Any items below this amount should be classified as an expense in the fiscal year the cost is incurred. On a periodic basis, staff will evaluate the capitalization threshold to determine the appropriate minimum value. VII. ESTIMATED MINIMUM USEFUL LIFE Estimated minimum useful life of the District's capital assets is normally determined by using its own experience with similar assets. In situations where the documentation of experience for a given type of capital asset is not adequate for this purpose, the District shall use published industry averages. At the same time, the District shall make whatever adjustments are needed toe estimate useful lives that were obtained from other sources to ensure that such estimates are Ifi improvements are made on non-cancellable multi-year leases, the capital improvements cost appropriate toi its own particular circumstances. can be capitalized but only be depreciated up to the lease term. VIII. DEPRECIATION/AMORTIZATION The District uses straight-line method with no salvage value for all depreciable capital assets. The District only capitalizes and depreciates the assets that are completed and in service. Intangible right-to-use assets with finite lives should be amortized over the shorter of the useful Depreciation does not apply to assets that are completed but not in service. life or the underlying lease term. Page 5 of8 IX. PROCEDURES FOR IMPAIRMENT OF CAPITAL ASSETS Under GASB Statement No. 42, impairment occurs when there is a significant decline in the service utility of a capital asset. To qualify, a decline in service utility ist typically defined as: Significant (in relation to the asset's current service utility) Unexpected (not part of the normal life cycle of the asset or foreseeable at the time the asset was acquired) Permanent These conditions arise from a variety of causes including physical damage, changes in laws that negatively affect service utility, and technological developments that cause obsolescence. The District should evaluate its capital assets on an annual basis. The method of calculation for impairment depends on whether the impaired asset will remain in use. Ift the capital asset will continue to be used in operations, the carrying amount must be decreased in an amount proportionate to the loss in service utility. If the capital asset is determined to be an impairment or no longer in service, it should be disposed of at year-end. X. PROCEDURES FOR REPLACEMENT AND RETIREMENT OF CAPITAL ASSETS The District should evaluate its capital assets on an annual basis. An asset that is retired or replaced from service no longer qualifies as a capital asset (it no longer is used in operations). It should be removed from capital asset lists and the loss should be recognized in the current fiscal year if the asset still has it carrying value. When a capital asset is replaced, the value of the new asset and its estimated useful life will be added. XI. RECORDKEEPING Invoices related to the capital assets shall be retained in accordance with the Record Retention Schedule within the District's Records Management Policy #006 or a specific length of time required by the contracts, agreements, and legalrequirements. Page 6 of8 XII. DEFINITIONS (a) Capital Assets: Land, improvements to land, easements, buildings, building improvements, vehicles, machinery, equipment, works of art and historical treasures, infrastructure, and all other tangible or intangible assets that are used in operations and that have initial useful life extending beyond a 3-year reporting period. (b) Capitalization Threshold: Dollar value at which a District elects to capitalize tangible or intangible assets that are used in operations and that have initial minimum useful life extending beyond a 3-year reporting period. Generally, capitalization thresholds are applied to individual items rather than groups of items unless the result would be to exclude items that would clearly are material to the financialstatements ini the aggregate. (c) Depreciation: The systematic and rational allocation of the estimated historical cost of a capital asset, or if donated, the fair market value of the capital asset at the time of (d) Donated Asset: An asset that the District receives in a nonreciprocal transfer, which means the District provides nothing in return for receiving the donated asset. The cost of a donated asset shall be based on the appropriate fair market value the District would (e) Estimated Useful Life: The period over which an asset's cost will be depreciated. (f) Fair Market Value: An amount that a willing buyer would pay to a willing seller, both ina (g) GASB: Established in 1984, the Governmental Accounting Standards Board (GASB) is the independent, private-sector organization based in Norwalk, Connecticut, that establishes accounting and financial reporting standards for U.S. state and local governments that (h) Historical Cost: The actual exchange value in dollars at the time the asset was acquired. Itism measured by cash or cash equivalent price of obtaining the asset and charges necessary to bring it to its intended location and to place the asset in its intended (1) Infrastructure: The structures that support a society, such as roads, water supply, wastewater, power grids, flood management systems, telecommunications (Internet, (j) Impairment: Significant, unexpected decline in the service utility of a capital asset. (k) Improvement: Addition made to, or change made in, a capital asset, other than maintenance, to prolongi its life or increase its capacity. The cost oft the addition or change donation, over its estimated useful service life. have had to pay to acquire the donated asset. free market, for an asset. follow Generally Accepted Accounting Principles (GAAP). condition for use. telephone lines, broadcasting), and sO forth. normally is added to the book value oft the asset. Page 7 of8 (1) Intangible Asset: An asset that lacks physical substance or is nonfinancial in nature. All intangible assets not specifically excluded by the provisions in this policy should be classified as capital assets. Ifthere are noi factors that limit the useful life of an intangible asset, GASB 34 provides that the intangible asset be considered to have an indefinite useful life. Intangible assets with indefinite useful lives should not be amortized unless their useful life is subsequently determined to no longer be indefinite due to a change in (m)Leased Asset: An asset that is based on the principle that al lease finances the right to use the underlying asset. The treatment for lease assets should be following the guidance of GASB 87, but first the asset must meet the requirements of capitalization. (n) Replacement: The substitution of a new facility or component of an existing facility. (o) Straight-Line Depreciation Method: Is determined by the following formula: (Cost- (p) Tangible Asset: Long-lived capital assets that normally are stationary in nature and can be preserved for a significantly greater number of years than most capital assets. Examples include roads, bridges, tunnels, drainage systems, water and sewer systems, circumstances. Salvage value)/E Estimated useful life = Depreciation per period. dams, and lighting systems. Page 8 of 8