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HomeMy WebLinkAboutAGENDA BACKUP 09-18-97 ~ Central Contra Costa Sanitary District Page 1 of 3 BOARD OF DIRECTORS :I.....'i::~::.:\ii:...:::::::::::::: BOARD MEEl1S~ OpFtember 18, 1997 m~1,*~.M!1jj!I!.!I~jf,*"]I~R.m~~~m{ NO. CONSENT CALENDAR b. 3. DATE TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING September 5, 1997 SUBJECT AUTHORIZATION FOR P.A. 97-8 (DANVILLE) AND 97-9 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT IDIV Engineering Department/Infrastructure Division Parcel No. Area Owner/Address Parcel No. & Acreage Remarks 97-8 Danville (78B6) Kevin Cronin 450 EI Pintado Road Danville, CA 94526 197-150-044 (1.45 Ac.) Property owner will construct one singe- family residence and extend and connect to the public sewer. Project is exempt from CECA. 97-9 Lynn M. Jansen P.O. Box 417 Diablo, CA 94528 197-040-003 (1.0 Ac.) Property owner will construct one single- family residence on rear half of property. They will extend the public sewer from Danville Boulevard. Project is exempt from CECA. Alamo (78A5) Lead Agency CCCSD CCCSD RECOMMENDATION: Authorize P.A. 97-8 and 97-9 to be included in a future formal annexation. RIEVEMED AI\f) RECOMVEMJED FOR BOAR) AC710N INITIATING DEPARTMENTIDIVISlON lAP i'E~'n"'.. w~ ~DH 11;1 DH JSM RAB R_ J. Dol., H:\PP\ANNX97-8.DH 8/6/96 @ 64 @ 77 PROPOSED ANNEXATION P.A. 97-8 '. .~ " ':,,\. ,.~,. --1--"','''---:''' "\ ,"..,. It; ~. PROPOSED ANNEXATION P.A. 97-9 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS m::....i..I::::::ii:w~~:iii5iii:::::::t::: BOARD MEEnSNGeOpFtember 8, 1997 f~nI~_:alml~~~~I_I.~~j;jjmMm~_"~~~~1tt :;:;:;:;:;:::::::;:::;:;:;:;:;:;:;:::;:::::;:;:;:;:;:;:::::::::::::::::::::::::::::::::::~:::::::::::::::::~~::::::~~::::::::::::::::::::::::*:t.;~::::'*::::::::::~:::;:;:; Page 1 of 2 NO. 3. CONSENT CALENDAR c. September 10, 1997 TYPE OF ACTlON ACCEPT CONTRACT WORK DATE SUBJECT ACCEPT THE CONTRACT WORK FOR THE 1996-97 CURED-IN-PLACE PIPE PROJECT (DP 5119), AND AUTHORIZE THE FlUNG OF THE NOTICE OF COMPLETION SUBMITTED BY Charles A. Canepa, Assistant Engineer INITlATlNG DEPT/DIV Engineering Department/Infrastructure Division ISSUES: Construction has been completed on the 1996-97 Cured-in-P1ace Pipe Project (CIPP), and the work is now ready for acceptance. BACKGROUND: The CIPP Project includes renovation of approximately 4,800 feet of 6- to 15-inch diameter deteriorated sewers at five sites in Orinda, three sites in Martinez, and one site in San Ramon. The sewers required high maintenance due to root intrusion and cracks. The majority of the sewers are 6 or 8 inches in diameter located in both streets and backyard easements. The project areas are shown in Attachment 1. Additional information on the project is given on pages C5-59 to C5-60 of the 1996-97 Capital Improvement Budget. On May 15, 1997, the Board authorized the award of a contract to Insituform West, Inc., to construct the project. The Notice to Proceed was issued on June 16, 1997. The contract completion date is September 13, 1997. The contract work was substantially completed on August 21, 1997. The remaining work consists of minor punch list items that do not affect project acceptance. The total authorized budget for the project, including the cost of engineering design, District forces, testing services, etc., is $869,000. An accounting of the project cost will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDA TlON: Accept the contract work for the construction of the 1996-97 CIPP Project (DP 5119), and authorize the filing of the Notice of Completion. ~ AM) IECOMMENDED FOR BOARD ACTION C' C-Ir f/-r 1/11 /JtP GENERAl MANAGERlCHIEF ENGINEER /Jm3 j2Yl ROGER J. DOlAN INITlATlNG DEPARTMENTIDI\IISlON CAe HT JSM RAB H:\PP\ACPT5119.CAC 9/16/96 - ~. 1 ~ N , ""':;J v/>C=-y o ... '& ~ on '" ~ on '" ~ (; ... ~ Central Contra Costa Sanitary District lOCATION MAP NTS AlTACHMENT " .E , .. ! .. .. .. X5119 - 19961997 CIPP PROJECT 1 . .~." ,'"' ';:~'." ~ Cel1traI Contra Costa Sanitary aJistrict ~"--'--~~ BOARD OF DIRECTORS Page 1 of 3 ~1.111..I.I.lllllllll\I.I~I~!:I.!: BOARD MEEnS~;tember 18, 1997 NO. 3. CONSENT CALENDAR d. DATE TYPE OF ACTION September 10, 1997 SET HEARING DATE SUBJECT ESTABLISH NOVEMBER 6, 1997, AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 lMlMlTTED BY INITIATING DEPTIDIV Jay S. McCoy, Infrastructure Division Manager Engineering Department/Infrastructure Division ISSUES: A public hearing is required to establish the Leona Court Contractual Assessment District No. 97-2 (C.A.D. No. 97-2 ). A public hearing is also required to create an assessment district pursuant to the procedure adopted under Proposition 218, which amended the California Constitution, Article XIII D, Section 4. BACKGROUND: On August 7, 1997, the Board of Directors adopted a resolution directing the preparation of a report for a demonstration project known as Leona Court C.A.D. No. 97-2. A draft report has been prepared and assessments are being estimated. It is now appropriate to schedule a public hearing to offer interested parties the opportunity to comment on the proposed assessments and related issues. A resolution has been prepared and is attached, which, if adopted, will set the date for the public hearing on November 6, 1997. Provisions of Proposition 218 require a minimum of 45 days between the sending of the notices of the hearing and the hearing itself. The resolution adopted on August 7, 1997, included a tentative date of October 16 for the hearing. There are less than 45 days between September 18 and October 16. Hence, the hearing must be scheduled for November 6, 1997, the next Board meeting. RECOMMENDA110N: Establish November 6, 1997, as the date for a public hearing regarding Leona Court C.A.D. No. 97-2 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24. ~ A/tD RECOIINEMJED RJR BOARD AC110N V$ H:\JA Y\LEONACD2\PUBLHRNG .PP RESOLUTION NO. 97- RESOLUTION SETTING HEARING OF PROTESTS ON DEMONSTRATION PROJECT KNOWN AS LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT (C.A.D. NO. 97-2) The Board of Directors of the Central Contra Costa Sanitary District resolves: 1. At the direction of this Board of Directors, Jay S. McCoy, Infrastructure Division Manager, as Engineer of Work for improvement proceedings in Leona Court Contractual Assessment District (C.A.D. No. 97-2), Central Contra Costa Sanitary District, Contra Costa County, California, has prepared a report described in Section 5898.22 of the Streets and Highways Code (Municipal Improvement Act of 1911). 2. Owners of each affected parcel will be provided written notice of the proposed assessment and ballot to indicate approval or opposition of the assessment pursuant to the procedures required by California Constitution Art. XIII D Sec. 4. 3. This Board sets 2 p.m. on November 6, 1997, at the Meeting Room of the Board of Directors, 5019 Imhoff Place, Martinez, California, as the time and place for hearing protests to the proposed improvements and the creation of the proposed Contractual Assessment District and assessment. 4. The Secretary of the District is directed to publish, post, and mail the notices of improvement required by the Municipal Improvement Act of 1911, and to file an affidavit of H:\JA Y\LEONACD2\PUBLHRNG .PP _ ~__._____.__.___.,_,____"__._.._____~_.__________~~_m',..,.~."C_"________'.__'_ compliance. The notice shall be published in the CONTRA COSTA TIMES not later than twenty (20) days before the date of the hearing. PASSED AND ADOPTED this 18th day of September, 1997, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Mario M. Menesini President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California Kenton L. Aim, District Counsel H:\JA Y\LEONACD2\PUBLHRNG .PP - -_.._..,----------_.._-----_.._~-,._+^ ---_._-,.~-_._~._._-----_.._---- ~ l,entral Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF September 18, 1997 NO. 7. ENGINEERING b. DATE TYPE OF ACTION September 10, 1997 AUTHORIZE AGREEMENT SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE TREATMENT PLANT SEISMIC UPGRADE PROJECT, DISTRICT PROJECT 7144 SUBMITTED BY Ba T. Than, Associate Engineer INITIATING DEPTIDIV Engineering Department/Plant Engineering Division ISSUE: Authorization of the Board of Directors is required for the General Manager-Chief Engineer to execute a professional services agreement in an amount greater than $50,000. BACKGROUND: The 1989 Loma Prieta earthquake substantially increased the awareness of public and private institutions about safety and the problems associated with maintaining service after a major seismic event. Since the treatment plant is located near several active faults, there is a high risk for seismic activity. Previous seismic protection efforts at the treatment plant focused on life safety issues. In December 1993, the District selected EQE International, Inc. to evaluate the potential seismic impacts on the treatment plant facilities and processes. EOE identified two main areas of concern; the electrical distribution system and certain structures and equipment. The EOE evaluation found that some main electrical arteries in the treatment plant could be severed in an earthquake. Work will focus on the existing Standby Power Facilities and PG&E's ability to restore power to its distribution system after a major earthquake. The major components of needed structural reinforcements include the strengthening of internal walls at the aeration tanks and strengthening of mechanical equipment inside the secondary clarifiers. Additionally, the motor control centers, fuel and chemical tanks, centrifuges, boilers, and other miscellaneous equipment will be restrained against lateral and vertical accelerations generated by an earthquake. Restraining the equipment will improve earthquake survivability and lower the capital cost for replacement. These findings were presented to the Board of Directors on April 20, 1995. The consultant selection process for the design work on the Treatment Plant Seismic Upgrade project began on July 30, 1996. The District received four (4) proposals on September 16, 1996. Two candidate firms were interviewed in October 1996. A consensus of the District's selection panel was reached to select the design team of Montgomery Watson and Ruth & Going on the basis of their comprehensive understanding of the project scope, high level of experience in instrumentation and electrical design, latest technological knowledge and experiences in structural retrofitting, and their thorough knowledge of the facilities and processes. REVIEWED AND RECO/VWENDED FOR BOARD AC110N Bi, w ,{fJP BIT RAB INITIATING DEPARTMENT/DIVISION L:\PP\7144MWAT.BTT 9/16/96 DATE September 10, 1997 Page 2 of 2 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE TREATMENT PLANT SEISMIC UPGRADE PROJECT, DISTRICT PROJECT 7144 A predesign service contract in the amount of $47,800 has previously been awarded to Montgomery Watson to prepare a predesign report. The predesign work was completed in June 1997. The project is now ready for the next step by preparing the plans and specifications for construction. Montgomery Watson has done a good job on the predesign, and staff recommends it continue with the design portion of the project. A professional engineering design services agreement not to exceed the amount of $ 451 ,000 has been negotiated with Montgomery Watson. The engineering construction cost estimate at predesign level is $3,100,000. The Treatment Plant Seismic Upgrade project is included in the Fiscal Year 1997-98 Capital Improvement Budget on pages TP-120 through TP-121. The design phase is scheduled to last through March 1998. Construction is anticipated to begin in May 1998 and would last approximately eighteen (18) months ending in December 1999. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines Section 18.2, since it involves minor alterations to existing sewage facilities with no increase in capacity. The Board of Directors' approval of this project will constitute an independent finding that this project is exempt from CEOA. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a professional engineering design services agreement with a cost ceiling not to exceed the amount of $ 451 ,000 with Montgomery Watson for the Treatment Plant Seismic Upgrade project, DP 7144. ~ l,entral Contra Costa Sanitat t District BOARD OF DIRECTORS Page 1 of 10 BOARD MEETING OF September 18, 1997 NO. 7. ENGINEERING c. DATE September 11, 1997 TYPE OF ACTION AUTHORIZE EXECUTION OF AGREEMENTS SUBJECT AUTHORIZE BOARD PRESIDENT TO EXECUTE AGREEMENTS BETWEEN THE DISTRICT AND MT. VIEW SANITARY DISTRICT AND THE CITIES OF CONCORD, CLAYTON, AND SAN RAMON FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICES SUBMITTED BY Elaine Jacobs, Household Hazardous Waste Supervisor INITIATING DEPTIDIV Engineering Department/Plant Engineering Division ISSUE: Agreements must be established between the District and Mt. View Sanitary District and the cities of Concord, Clayton, and San Ramon in order for the District to extend household hazardous waste (HHW) collection services to these central county jurisdictions, which are outside of the District. BACKGROUND: In planning the District's household hazardous waste (HHW) collection facility, staff recognized that, due to the geographical layout of the county, it would be most practical and convenient for residents from all central county areas to use the District's HHW collection facility for disposal of HHW. Also, the County land use permit contains a condition that the HHW collection facility service area include all of Central Contra Costa County. The District's intent is to accommodate this through a partnership with all central county jurisdictions. In 1995, staff obtained resolutions of endorsement from all central county cities and Mt. View Sanitary District for the establishment of the District's HHW collection facility. In doing so, a partnership was established. One of the benefits of the District being the lead agency for the facility is that the sewer service charge provides an administratively straightforward and appropriate way to fund the HHW program. However, it is essential for the District to engage in agreements with the central county jurisdictions that are outside of the District in order to achieve equitable funding of the facility. Accordingly, staff negotiated agreements with Mt. View Sanitary District and the cities of Concord, Clayton, and San Ramon (for the southern portion of San Ramon outside of the District). As of September 2, all four jurisdictions have considered and approved the agreements. Since the terms and scope are similar in all four agreements, only Concord's agreement is included as an example (see Attachment 1). The provisions of the agreements include having the District provide collection services for household hazardous and conditionally exempt small quantity generator hazardous waste, insurance, annual reporting, and public information and education materials. The jurisdictions will be responsible for distributing public information materials to residents in their areas, paying the District their proportional share of the annual program cost, and meeting their AB 939 requirements. Staff is presently obtaining additional insurance that would cover the HHW facility for environmental liability. The cost of this additional insurance will be included in the jurisdictions' annual operating cost. All central county cities and Mt. View Sanitary District will be Wl;J /!ff~ B RA L:\PP\HHWCFAGR.EJ 9/16/96 DATE September 11, 1997 Page 2 of 1 0 SUBJECT AUTHORIZE BOARD PRESIDENT TO EXECUTE AGREEMENTS BETWEEN THE DISTRICT AND MT. VIEW SANITARY DISTRICT AND THE CITIES OF CONCORD, CLAYTON AND SAN RAMON FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICES named as an additional insured. The Agreement will automatically renew annually unless either party submits at least 60 days notice of termination prior to the end of the fiscal year. Since the actual program cost depends on the level of participation, Mt. View Sanitary District, Concord, Clayton, and San Ramon will be billed at the end of each fiscal year. Their share of program costs will be apportioned based on the number of households in their jurisdiction compared to the number of households in the HHW facility service area. These jurisdictions comprise approximately 35 percent of the entire HHW facility service area. Staff anticipates that the initial level of participation will be approximately 4 percent based on the experience of other permanent HHW facility operations. Participation is then expected to increase up to approximately 7.5 percent within three to five years as public awareness of pollution prevention and availability of our HHW collection program increases. Therefore, for budgeting purposes, staff provided the jurisdictions with an estimated annual cost of HHW facility services assuming 4 and 7.5 percent participation as explained above. The estimated annual program cost breakdown is included in Attachment 2. RECOMMENDATION: Authorize the Board President to execute agreements between the District and Mt. View Sanitary District, and the cities of Concord, Clayton, and San Ramon for household hazardous waste collection services. Fad Sheet EXHIBIT A PAGE 3 of 10 POllution Prevention Household Hazardous Waste Collection Facility Central Contra Costa Sanitary District 5019 I III 11 oft Place. Martinez, CA 94553-4392 . (510) 228-9500 September 1997 Central Contra Costa Sanitary Distrid, in cooperation with Mt. View Sanitary District, has established a new permanent Household Hazardous Waste Colledion Facility (HHWCF). ~ Central Contra Costa Sanitary District "T.~E~ mlllll DI51R ICI ~ ---- WnliIn~'FOIIMIdI92) The HHWCF shown at right will provide Central Contra Costa County residents with a convenient resource jar recycling and disposing of their household hazardous waste. · Central Contra Costa Sanitary District, in cooperation with Mt. View Sanitary District, has established a new permanent Household Hazardous Waste Collection Facility (HHWCF). · The facility is located adjacent to the District's wastewater treatment plant in Martinez south of Solano Way from Highway 4. · The HHWCF service area includes Central Contra Costa County cities and unincorpo- rated communities: Danville, Lafayette, Orinda, Moraga, Walnut Creek, San Ramon, Pleasant Hill, Martinez, Concord, Clayton, Alamo, Mt. View, Pacheco, Clyde, and other unincorporated central county areas. · The HHWCF is expected to be open to the public by Fall 1997. · The HHWCF will accept hazardous waste from residents, Thursdays through Sundays with no appointment required, and from small businesses on Wednesdays by appointment only. · Hazardous wastes generated from house- holds and small businesses will be accepted. See reverse side for examples of acceptable household hazardous waste. · Hazardous waste requiring disposal will be kept to a minimum. Most hazardous waste collected will be recycled or reused. Collected products that are still usable will be given away at no charge to residents and businesses through our waste exchange pro- gram. Latex paint, anti-freeze, used car bat- teries, and used motor oil will be recycled. · There will be no charge to central county res- idents. Small businesses will be charged a nominal disposal fee, based on the type and quantity of waste to be disposed. · The HHWCF was constructed using building materials with recycled content where feasible. · Mt. View Sanitary District's proportional share of the estimated 1997-98 program cost assuming four percent participation is $38,000. HHW HOTLINE: 1-800-646-1431 T-100AlFacl Sheel-9197:TEMP 5404-9197 Central San Fad Sheet PAGE 4 of 10 Household Hazardous Waste Collection Examples of Acceptable Household and Small Business Hazardous Wastes care iI':'c: ~ .,. ir,den care and pest ptrol products · Bleach and liquid deaners · Upholstery/rug deaners · Oven deaner · Furniture polish 'lUb and tl1e deaners · Mercury thermometers and thennostat switches · Used motor oil · Used car batteries · Brake and transmission fluids · Antifreeze · Oil based paint · Latex paint · Wood stain · Paint remover · Pestiddes · Herbiddes · Rodent bait · Ant and roach spray The Following Wastes are Unacceptable · Wastes contaminated with PCBs at concentrations greater than 50 ppm · Radioactive wastes · Infectious medical wastes · Explosives T-lOOlllFKlSheet-Q/97,TEMP 5404-9/-97 ATTACHMENT 1 PAGE 5 of 10 AGREEMENT BETWEEN THE CITY OF CONCORD AND THE CENTRAL CONTRA COSTA SANITARY DISTRICT REGARDING PROVISION OF HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY SERVICES TO CONCORD RESIDENTS AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS This AGREEMENT ("Agreement") between the City of Concord ("Concord"), a municipal corporation, and the Central Contra Costa Sanitary District ("Central San"), a California Special District, is made and entered into this _ day of September, 1997. RECITALS A. Central San is constructing a household hazardous waste collection facility ("HHWCF") for the management of household hazardous waste in accordance with applicable laws. Central San will own and operate the HHWCF in accordance with applicable laws, including those relative to management of hazardous waste processed through the HHWCF. Assuming agreements are in force with all participating entities, the services of the HHWCF will be available to residents and conditionally exempt small quantity generators as defined in 40 C.F.R. ~261.5 ("CESOG's") within the service areas of Central San and the Mt. View Sanitary District, and within the jurisdictional boundaries of the cities of Concord, Clayton and the southern portion of the City of San Ramon which is within Central County but outside of Central San. B. Concord and Central San desire that the HHWCF services be available to residents and CESOG's within Concord. C. Central San will use a portion of its sewer service charge for HHWCF services provided to its residents and CESOG's. It is necessary for Central San to charge Concord for the provision of HHWCF services to Concord residents and CESOG's. NOW THEREFORE, for good and valuable consideration, the receipt and sUfficiency of which is hereby acknowledged, Concord and Central San hereby agree as follows: 1 . TERM The term of this Agreement shall be from the effective date set forth above until one (1) year after such effective date. This Agreement shall be automatically renewed annually, unless either Concord or Central San notifies the other in writing sixty (60) days prior to the renewal date that it wishes to terminate this Agreement. PED\L:\H HWCF\Concord. Cnt 1 PAGE 6 of 10 2. HHWCF SERVICES a. Central San will provide HHWCF services to residents and CESOG's within Concord. A fact sheet describing currently planned HHWCF services is attached (See Exhibit "A", which is incorporated by reference). Central San will provide such services in accordance with District ordinances, resolutions, rules, regulations and policies, as well as other local, state and federal laws and regulations which are applicable to the HHWCF. b. Each year Central San will prepare a report on the HHWCF services provided, including expenses incurred and revenues obtained, the completed State Form 303, and the distribution of use of the HHWCF services by city, to the extent feasible. 3. PAYMENT FOR SERVICES For provision of HHWCF services to the residents and CESOG's within Concord, Concord agrees to pay Central San as follows: a. Following each Central San fiscal year (July 1 - June 30) while this Agreement is in effect, generally prior to August 1, Central San will bill Concord its share of costs for HHWCF services provided during the previous fiscal year. Central San will determine the charge to Concord based upon the actual HHWCF operating costs, less operating revenue, if any, (such as the sale of collected materials, proceeds of grants, or charges to CESOG's); a 30-year/6% annual percentage rate amortization of the actual capital cost of the facility (first year proportional to actual period of operation); and the proportion represented by the estimated number of households of Concord to the total number of households to which HHWCF services are available. b. Since Concord will be charged in arrears, finance charges will be added to each billing. The finance charge will be the product of one-half (%) of Concord's share of the net operating cost for the fiscal year billing period times the average Local Agency Fund ("LAIF") yield for the fiscal year billing period. c. Concord will pay Central San within 30 days of its receipt of an invoice. An additional finance charge will accrue at the then current LAIF yield for late payments. 4. PAYMENT BY CITY FOR THE PROVISION HHWCF SERVICES TO RESIDENTS AND CESOG'S OF CITY OF CLAYTON Concord has represented to Central San that Concord has agreed with the City of Clayton ("Clayton") to make payment to Central San for provision of HHWCF services to residents and CESOG's within Clayton. The manner by which Concord bills Clayton or its residents and CESOG's to fund such payment is solely within the discretion of Concord and Clayton. Concord hereby agrees with Central San that Concord will make payment to Central San for provision of HHWCF services to residents and CESOG's within Clayton in accordance with the terms of the "Agreement Between the City of Clayton and the Central Contra Costa Sanitary District Regarding Provision of Household Hazardous Waste Collection Facility Services to Clayton Residents and Conditionally Exempt Small Ouantity PED\L:\H HWCF\Concord. Cnt 2 PAGE 7 of 10 Generators", an unsigned copy of which is attached as Exhibit "B", and incorporated by reference. 5. PUBLIC INFORMATION AND EDUCATIONAL MATERIALS From time to time, Central San will provide to Concord public information and educational materials related to services provided by the HHWCF. Concord will be responsible for conveying this information to residents and CESOG's within Concord. 6. TERMINATION Either Concord or Central San may terminate this Agreement upon sixty (60) days written notice to the other party, if the other party has failed to fulfill its obligations under this Agreement. As soon as reasonably practical after such termination, Central San will bill Concord its share of costs, as determined by Central San, for HHWCF services provided during the fiscal year to the effective date of termination. Central San will determine the amount due including finance charges as set forth in Paragraph 3. Concord will pay Central San within 30 days of its receipt of an invoice. 7. RESPONSIBILITY FOR COMPLIANCE WITH AB939. AB2707 AND RELATED LAWS Nothing in this Agreement is intended to state or imply that Central San is responsible for Concord's compliance with Public Resources Code Section 41500 et seq., AB939, AB2707 or other laws relative to the responsibility of Concord concerning household hazardous waste. With this Agreement, Central San is merely making available its HHWCF for use by Concord residents and CESOG's. 8. INSURANCE AND INDEMNITY a. During the term of this Agreement, including automatic renewal periods, Central San shall maintain general liability and environmental liability insurance policies covering operations of the HHWCF. The cost of such insurance shall be a HHWCF operating cost, a portion of which shall be paid by Concord, as set forth in Section 3. Concord shall be named as additional insured as to such insurance, and may obtain a copy of such insurance policy and applicable endorsements on request. b. Central San shall indemnify, defend and hold harmless Concord from all legal, equitable and administrative actions, costs, damages, liability and attorney's fees (collectively "liabilities") arising from the operations of the HHWCF for occurrences arising during the term of this Agreement, including automatic renewal periods. Central San and Concord shall first look to the insurance referenced in subsection (a) for payment of liabilities; however, to the extent the insurance does not protect Concord from such liabilities, or to the extent no policy is in effect for the occurrence period, Central San shall provide indemnity and defense for such liabilities. This agreement to indemnify, defend and hold harmless does not extend to liabilities arising from Concord's active negligence or willful misconduct. PED\L: \H HWCF\Concord. Cnt 3 PAGE 8 of 10 c. If the insurance referenced in subsection (a) becomes unavailable or difficult to obtain at a commercially reasonable cost, Central San may elect to not purchase such insurance. In such case Central San may include as a HHWCF operating cost for the fiscal year as to which insurance is not purchased, payment into Central San's Self-Insurance Fund of an amount to compensate Central San for the self-insured risks. The amount to be fixed for the HHWCF self-insurance premium shall be equal to the premium paid for commercial insurance for the most recent operating year where commercial insurance was obtained by Central San, unless another amount is mutually agreed in writing. 9. NOTICES Any notice, payment, or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or within seventy-two (72) hours following deposit of the same in the United States Mail in California, postage prepaid, addressed as follows: City: City of Concord Attn: Mr. Mike Vogan 1950 Parkside Drive Concord, CA 94519 Phone: (510) 671-3231 Fax: (510) 798-0636 District: Central Contra Costa Sanitary District ATTN: Ms. Elaine Jacobs 5019 Imhoff Place Martinez, CA 94553 Phone: (510) 229-7395 Fax: (510) 372-7892 Either party may change its address or addresses for delivery of notice by delivering written notice of the change of address to the other party. 10. AMENDMENTS Any amendments to this Agreement shall be in writing, executed by Concord and Central San. 11. SUCCESSORS AND ASSIGNS Neither party may assign or delegate any right or obligation hereunder without first having received the written consent duly executed of the other party. This Agreement shall bind and shall inure to the benefit of any successors or assigns of any party hereto. PED\L: \H HWCF\Concord. Cnt 4 PAGE 9 of 10 12. ADDITIONAL DOCUMENTS The parties hereto agree to promptly execute and deliver such other documents and perform such other acts as may be reasonably necessary to effectuate the intent of this Agreement. 13. INTERPRETATION OF THIS AGREEMENT This Agreement is the product of negotiations between the parties hereto with regard to which both parties have had ample opportunity to consult with their respective attorneys, and each party therefore agrees that the rule of construction that documents are construed against the drafter thereof shall have no application to this Agreement. ATTEST: CENTRAL CONTRA COSTA SANITARY DISTRICT By Secretary of District By Date President, Board of Directors ATTEST: CITY OF CONCORD By By Date Concord Mayor APPROVED AS TO FORM: Counsel for City of Concord APPROVED AS TO FORM: Counsel for the District PED\L:\H HWCF\Concord. Cnt 5 PAGE 10 of 10 ATTACHMENT 2 PERMANENT HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY COST APPORTIONMENT BY CENTRAL COUNTY JURISDICTION JURISDICTION TOTAL COST TOTAL COST 4% 1 PARTICIPATION 7.5%2 PARTICIPATION CCCSD $397,153 $653,613 Concord 145,698 243,348 Clayton 10,659 18,084 SUBTOTAL $553,510 $ 915,045 San Ramon (DSRSD) 16,302 30,027 Mt. View San. 33,528 55,953 TOTAL $603,300 $1,001,025 'Based on the experience of other permanent HHW facility operations the level of participation is expected to initially be approximately 4 percent. 21t is anticipated that the level of participation will increase up to approximately 7.5 percent as public awareness of pollution prevention and availability of the HHW facility increases. PED\L:\Design\7165\BrdPrsnt.EJ, Page 3 AGREEMENT BETWEEN THE MT. VIEW SANITARY DISTRICT AND THE CENTRAL CONTRA COSTA SANITARY DISTRICT REGARDING PROVISION OF HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY SERVICES TO MT. VIEW SANITARY DISTRICT RESIDENTS AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS This AGREEMENT ("Agreement") between the Mt. View Sanitary District ("Mt. View San"), a California Special District, and the Central Contra Costa Sanitary District ("Central Santi), a California Special District, is made and entered into this _ day of September, 1997. Both Districts are of similar legal status, created under the Sanitary District Act of 1923, and located in Contra Costa County. RECITALS A. Central San, the lead agency, is constructing a household hazardous waste collection facility (tlHHWCF") for the management of household hazardous waste in accordance with applicable laws. Central San will own and operate the HHWCF in accordance with applicable laws, including those relative to management of hazardous wastes processed through the HHWCF. Mt. View San is a cosponsor of the HHWCF. As cosponsor, Mt. View San is a neighboring sanitary district which will treat wastewater from the HHWCF and has endorsed development of the HHWCF, but is not responsible for the HHWCF's compliance with applicable laws. Assuming agreements are in force with all participating entities, the services of the HHWCF will be available to residents and conditionally exempt small quantity generators as defined in 40 C.F.R. 261.5 ("CESQG'stl) within the service areas of Central San and Mt. View San, and within the jurisdictional boundaries of the cities of Concord, Clayton and the southern portion of the City of San Ramon which is within Central County but outside of Central San. Specifically included in Central San are the areas of Alamo, Blackhawk, Danville, Lafayette, Moraga, Orinda, Walnut Creek, Pleasant Hill, Martinez, and other unincorporated areas in central county. B. All Central County cities, Mt. View San, and the Central Contra Costa Solid Waste Authority, have endorsed development of the HHWCF, including its location, cost and Central San as lead agency. C. The endorsing agencies requested development of the HHWCF to more efficiently address pollution caused by improper disposal of household hazardous wastes, a problem that temporary household hazardous waste collection events have not effectively addressed over the past four years. D. AB 939, the Solid Waste Management Act of 1989, requires cities and counties to reduce or eliminate improper disposal of household hazardous waste. Further, Central San and Mt. View San have set goals and. PED\l:\hhwcf\mvagre51. wpd 1 established pollution prevention programs to reduce pollution of San Francisco Bay resulting from improper disposal of household hazardous wastes into their wastewater collection and treatment facilities. Accordingly, participation in the HHWCF will assist Central County cities and the County of Contra Costa in complying with the components of AB 939 related to household hazardous waste. E. Mt. View San and Central San desire that the HHWCF services be provided to residents and CESQG's within Mt. View San. F. Central San will use a portion of its sewer service charge for HHWCF services provided to its residents and CESOG's. It is necessary for Central San to charge Mt. View San for the provision of HHWCF services to Mt. View San residents and CESOG's. Mt. View San will also utilize franchise fees received from solid waste haulers to pay for HHWCF services provided by Central San. G. The parties assign no specific significance to the use of the terms "Supporter", "Sponsor", and "Endorser", it being understood that the respective rights and obligations of the parties are limited to those described in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Mt. View San and Central San hereby agree as follows: 1 . TERM The term of this Agreement shall be from the effective date set forth above until one (1) year after such effective date. This Agreement shall be automatically renewed annually, unless either Mt. View San or Central San notifies the other in writing sixty (60) days prior to the renewal date that it wishes to terminate this Agreement. 2. HHWCF SERVICES a. "Household Hazardous Waste" (HHW) means any hazardous waste generated incidental to owning or maintaining a place of residence. HHW does not include any waste generated in the course of operating a business concern at a residence. Acceptable HHWs include, but are not limited to, the following: · Pesticides and yard care products: concentrated or diluted pesticides and herbicides; fertilizers; rat/mouse poisons; · Automotive products: antifreeze; motor oil, spend lead-acid batteries; polishes; degreasers; PED\L:\hhwcf\mvagre51.wpd 2 · Paint products: oil based and latex paint; paint thinners and strippers; wood preservatives; · Household products: root killer, furniture polishes; stain and spot removers; oven cleaners; · Miscellaneous household products: fingernail polish; old, outdated medicines; barbecue lighter fluid; photographic chemicals; swimming pool chemicals. EXCLUDED AS HHW are infectious wastes, radioactive wastes, and explosives. b. Central San will provide HHWCF services to residents and CESOG's within Mt. View San. A fact sheet describing currently planned HHWCF services is attached as Exhibit "A", which is incorporated by reference. Central San will provide such services in accordance with District ordinances, resolutions, rules, regulations and policies, as well as other local, state and federal laws and regulations which are applicable to the HHWCF. c. Each year Central San will prepare a report on the HHWCF services provided, including expenses incurred and revenues obtained, and the distribution of use of the HHWCF services by jurisdiction, to the extent feasible. 3. PAYMENTS FOR SERVICES For the provision of HHWCF services to the residents and CESOG's within Mt. View San, Mt. View San agrees to pay Central San as follows: a. Following the close of each Central San fiscal year (July 1 - June 30) while this agreement is in effect, generally prior to August 1, Central San will bill Mt. View San its share of costs for HHWCF services provided during the previous fiscal year. Central San will determine the charge to Mt. View San based upon the actual HHWCF operating costs, less operating revenue, if any, (such as the sale of collected materials, proceeds of grants, or charges to CESOG's); a 30-year/6% annual percentage rate amortization of the actual capital cost of the facility (first year proportional to actual period of operation); and the proportion represented by the estimated number of households of Mt. View San to the total number of households to which HHWCF services are available. b. Since Mt. View San will be charged in arrears, finance charges will be added to each billing. The finance charge will be the product of one-half (%) of Mt. View San's share of the net operating cost for the fiscal year billing period times the average Local Agency Investment Fund (ltLAIFIt) yield for the fiscal year billing period. Mt. View San will not be billed a finance charge in connection with the portion of the billing representing amortization of the actual capital cost of the facility. PED\L:\hhwcf\mvagre51.wpd 3 c. Mt. View San will pay Central San within 45 days of its receipt of an invoice. An additional finance charge will accrue at the then current LAIF yield for late payments. 4. PUBLIC INFORMATION AND EDUCATIONAL MATERIALS From time to time Central San will provide to Mt. View San public information and educational materials related to services provided by the HHWCF. Mt. View San will be responsible for conveying this information to residents and CESQG's within Mt. View San. 5. TERMINATION Either Mt. View San or Central San may terminate this Agreement upon sixty (60) days written notice to the other party. As soon as reasonably practical after such termination, Central San will bill Mt. View San its prorated share of net operating costs, plus its prorated share of amortization of the actual capital cost of the facility, as determined by Central San, for HHWCF services provided to the effective date of termination. Central San will determine the amount due including finance charges as set forth in Paragraph 3. Mt. View San will pay Central San within 30 days of its receipt of an invoice. 6. INSURANCE AND INDEMNITY a. During the term of this Agreement, including automatic renewal periods, Central San shall maintain general comprehensive public liability and environmental liability insurance policies covering operations of the HHWCF. The cost of such insurance shall be a HHWCF operating cost, a portion of which shall be paid by Mt. View San, as set forth in Section 3. Mt. View San shall be named as additional insured as to such insurance, and may obtain a copy of such insurance policy and applicable endorsements on request. b. Central San shall indemnify, defend and hold harmless Mt. View San from all legal, equitable and administrative actions, costs, damages, liability and attorney's fees (collectively "liabilities") arising from the operations of the HHWCF for occurrences arising during the term of this Agreement, including automatic renewal periods. Central San and Mt. View San shall first look to the insurance referenced in subsection (a) for payment of liabilities; however, to the extent the insurance does not protect Mt. View San from such liabilities, or to the extent no policy is in effect for the occurrence period, Central San shall provide indemnity and defense for such liabilities. This agreement to indemnify, defend and hold harmless does not extend to liabilities arising from Mt. View San's active negligence or willful misconduct. C. If the insurance referenced in subsection (a) becomes unavailable or difficult to obtain at a commercially reasonable cost, the parties shall negotiate a suitable PED\L:\hhwcf\mvagre51.wpd 4 agreement regarding risk allocation, which agreement shall not be effective unless reduced to a writing executed by both parties. 7. NOTICES Any notice, payment, or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or within seventy-two (72) hours following deposit of the same in the United States Mail, postage prepaid, addressed as follows: Mt. View San: Mt. View Sanitary District A TTN: Mr. David Contreras P.O. Box 2757 Martinez, CA 94553 Phone: (510) 228-5635 ext. 18 Fax: (510) 228-7585 District: Central Contra Costa Sanitary District A TTN: Ms. Elaine Jacobs 5019 Imhoff Place Martinez, CA 94553 Phone: (510) 229-7395 Fax: (510) 372-7892 Either party may change its address or addresses for delivery of notice by delivering written notice of the change of address to the other party. 8. AMENDMENTS Any amendments to this Agreement shall be in writing, executed by Mt. View San and Central San. 9. SUCCESSORS AND ASSIGNS Neither party may assign or delegate any right or obligation hereunder without first having received the written consent duly executed of the other party. This Agreement shall bind and shall inure to the benefit of any successors or assigns of any party hereto. 10. ADDITIONAL DOCUMENTS The parties hereto agree to promptly execute and deliver such other documents and perform such other acts as may be reasonably necessary to effectuate the intent of this Agreement. 13. INTERPRETATION OF THIS AGREEMENT This Agreement is the product of negotiations between the parties hereto with regard to which both parties have had ample opportunity to consult with their respective attorneys, and each party therefore agrees that the rule of construction that documents are construed against the drafter thereof shall have no application to this Agreement. PED\L:\hhwcf\mvagre51 . wpd 5 ATTEST: By ATTEST: By Mt. View Sanitary District APPROVED AS TO FORM: APPROVED AS TO FORM: PED\L:\hhwcf\mvagre51 . wpd CENTRAL CONTRA COSTA SANITARY DISTRICT 41~i{auJ;U~ate 7-/f)-/7 President, Board of Directors Mt. VIEW SANITARY DISTRICT By Date President, Board of Directors Counsel for Mt. View Sanitary District ~w ' ',- I ': Courise- -- the ,strict "\ 6 ~ BOARD OF DIRECTORS ::1:.1111111111:::::111111:.:.:.:.::::, OOAROMEEnNGa= .............................................................................................................................................. September 18, 1997 ;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:::::::::::::::;:;:;:;:;:;:;:;:;:;:::::::::::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::::;:;:;:;:;:;:;:;:;:;:;:;:::;:::::::::;:;:;:;:;:;::;:::::=::;: Central Contra Costa Sanitary District Page 1 of2 NO. 8. HUMAN RESOURCES a. DAlE September 11, 1997 1YPE OF ACTlON AUTHORIZE RECRUITMENT su:lJECT AUTHORIZE RECRUITMENT OF SAFETY AND RISK MANAGER DUE TO PENDING RETIREMENT OF RISK MANAGER AND PERIOD OF OVERLAP FOR TRAINING SU8MITTED BY Paul Morsen, Deputy General Manager INITIATING 0EPT1DlV Administrative ~ Risk Manager Bomie Allen has announced her retirement effective March 30, 1998. Her proposed schedule allows time to hire a replacement in advance of her departure date to allow for a smooth transition. It 'NOUld be appropriate to initiate the recruitment process now for the position. Board approval would be required to hire an individual prior to Ms. Allen's retirement A revised dass description will be brought to the Board in the future whidl will propose a new title of Safety and Risk Manager. BACKGROUND: In an effort to leave the District in the most secure and \Nell-prepared risk management position, Risk Manager Bonnie Allen has chosen to announce her retirement far in advance of the impending date of March 30, 1998. Due to the varied duties and responsibilities held by Ms. Allen, staff believes it would be advantageous for the District to have her replacement avail himlherself of an opportunity to wor1< with Ms. Allen for a period of time to learn the details of the job from her. Assuming that recruitment activities begin in September 1997, it is anticipated that the position will be filled by January 1998. This will provide approximately three months of overlap bet\N8en the two risk managers. The position of Risk Manager is responsible for planning, organizing and directing the administration of the litigation case load of the District, as \Nell as the risk management and loss control functions, daims administration, safety program, workers' compensation and special administrative projects. The District will be seeking an individual who has knowledge of insurance, safety, loss prevention, financing risk management, litigation support, public liability, property damage, and personal injuries. Also, the individual must be able to interpret and recommend implementation of federal and state regulations on safety, health and wor1<ers' compensation, in addition to being familiar with the principles of indemnification, contract law, self-insurance and loss control. The ideal candidate will be able to manage diverse functions, prepare budgets, actively follow legal issues involving the District and maintain cooperative working relationships with employees, legal and insurance personnel and representatives of other agencies. Ms. Allen has established herself as a national expert on safety in public utilities through the National Safety Council. Moreover, she has chaired numerous local and regional safety conferences, delivered speeches to statevvide organizations and maintained working relationships with the County Office of Emergency Services and members of the local industrial association. It will be important for the next Risk Manager to be introduced to as many of Ms. Allen's contacts as possible prior to her retirement RE\lEWB)AMJ~FORSOARDN::TJON INITIATlNG DEPARTMENT/DIVISION ~/Vpor PM 9-1/-"1 GENERALPlflJGERK:HIEF ENGINEER . .), t,/ '.81- ROGER J. DClI.AN C:\WP51 \DOCS\BONNIE2.PPR 9/16196 September 11, 1997 Page 2 of 2 SUBJECT AUTHORIZE RECRUITMENT OF SAFETY AND RISK MANAGER DUE TO PENDING RETIREMENT OF RISK MANAGER AND PERIOD OF OVERLAP FOR TRAINING Duing Ms. Allen's tenure with the District, the Disbict has received safety awards on a local, regional and state\Mde level. She has helped the Disbict achieve significant premium refunds from our workers' compensation carrier, State Fund Insurance. Also, she has assisted Disbict counsels in litigation and legal settlements which over time have benefited District customers through cost savings. Ms. Allen will leave the District with an up-to-date Emergency Preparedness Plan, state-of-the-art security protection system and a welknanaged, sizable self-insurance fund of which the District can be proud. Given this record of achievemen~ the District will be looking for a candidate of the highest caliber. RECOMMENDA11ON: Authorize staff to initiate a recruitment for the position of Safety and Risk Manager and appoint the successful candidate to the position up to several months prior to the existence of the vacancy in the Risk Manager position.