HomeMy WebLinkAboutAGENDA BACKUP 02-15-96
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 3
BOARD MEETING OF
February 15, 1996
NO.
4. CONSENT CALENDAR p.
DATE
February 6, 1996
TYPE OF ACTION
SUBJECT
QUITCLAIM THREE PIPELINE EASEMENTS TO HERMAN
AND MARJORIE MORRIS, RICHARD O. AND KATHRYN J.
KAMRATH, AND EDGAR F. AND MARY A. LARSEN, FOR
THE RECYCLED WATER PIPELINE PROJECT, DP NO. 7164,
LAFAYETTE/MORAGA AREA
APPROVE QUITCLAIM
OF PIPELINE EASEMENTS
SUBMITTED BY
William Gregory
Real Property Specialist
INITIATING DEPT./DIV.
Engineering Department/
Infrastructure Division
ISSUE: The subject easements are not required for the Recycled Water Pipeline Project and
should be quitclaimed to the affected property owners.
BACKGROUND: The subject easements were acquired by Shell Oil Company for its high-
pressure, jet-fuel pipeline. In January 1995, Shell Oil Company transferred all of its pipeline
easements to this District, including the subject easements.
Two of the subject easements are located near Old Jonas Hill Road. The pipeline in this area
was installed within the roadway and not within these easements. In the second area near
Scofield Drive, the pipeline alignment was adjusted to be within an adjoining parcel of land.
Staff has determined that these three easements are not needed for present or future District
purposes, and they may now be Quitclaimed.
On September 16, 1993, the Board approved a Negative Declation for the Recycled Water
Pipeline Project in compliance with the California Environmental Quality Act (CEQA).
RECOMMENDATION: Approve Quitclaim Deeds to Herman Morris, et ux; Richard Kamrath,
et ux; and Edgar F. Larsen, et ux; authorize the President of the District Board of Directors and
the Secretary of the District to execute said Quitclaim Deed; and authorize the Quitclaim Deeds
to be recorded.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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QUITCLAIM EASEMENTS
RECYCLED WATER PIPELINE PROJECT NO. 7164
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QUITCLAIM EASEMENT
RECYCLED WATER PIPELINE PROJECT NO. 7164
MORAGA AREA
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF
2
PO
BOARD MEETING OF
February 15, 1996
NO.
4. CONSENT CALENDAR q.
SUBJECT
ACCEPT ASSIGNMENT OF RIGHT-OF-WAY
DOCUMENTS FROM SHELL PIPELINE CORPORATION
DATE
February 8, 1 996
TYPE OF ACTION
ACCEPT ASSIGNMENT
OF RIGHT-OF-WAY
DOCUMENTS
SUBMITTED BY
John J. Mercurio, Administrative Analyst
INITIATING DEPT./DIV.
Engineering Department, Planning Division
ISSUE: The Board of Directors' approval is required to formally accept assignment of right-of-
way documents.
BACKGROUND: The District purchased approximately 15 miles of a 10-inch diameter steel
pipeline and associated easements and rights-of-way from the Shell Pipe Line Corporation
(Shell). The Partial Assignment and Bill of Sale were recorded in January 1995. The pipeline
and associated easements and rights-of-way are located between the intersection of Pleasant
Hill Road and State Route 4 in Martinez and the Alameda/Contra Costa County line just west
of Moraga (Exhibit 1).
It is now necessary to obtain from Shell the transfer of three easements which were not
included in the original Partial Assignment document. The first easement (Marchant, grantor)
is a drainage easement in Lafayette adjacent to the pipeline. This easement is required to
enable crews to maintain proper drainage. It was inadvertently omitted from the original Partial
Assignment by Shell.
The second easement, (P. G. & E., grantor) which is located in Moraga, was not included in the
original document because it was thought that an entirely new easement would be negotiated.
It has now been determined that P. G. & E. prefers an amendment to the existing easement.
The third easement (East Bay Regional Park District, grantor). along the Alameda/Contra Costa
County boundary was not included in the original Partial Assignment document because the
easement document indicated that the easement was located in Alameda County. It has since
been determined that the easement, which is actually located in Contra Costa County, was
previously recorded in Alameda County in error.
RECOMMENDATIONS: Accept the assignment of three easements from Shell Pipe Line
Corporation.
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EXHIBIT
TRANSFERRED EASEMENTS
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 1
February 15, 1996
NO.
4. CONSENT CALENDAR r.
BOARD MEETING OF
SUBJECT
DATE
February 9, 1 996
ACCEPT CONTRACT WORK FOR THE TREATMENT
PLANT ROOF REPLACEMENT PHASE I, DISTRICT
PROJECT NO. 6098
TYPE OF ACTION
ACCEPT COMPLETION
OF PROJECT
SUBMITTED BY
James L. Belcher
ISSUE: Construction has been completed on the Treatment Plant Roof Replacement Phase I,
District Project No. 6098.
BACKGROUND: Phase I re-roofed the Filter Plant, the walkway between the Headquarters
Office Building, the Plant Operations Department, and the south side of the Plant Operations
Department building. Portions of the roof on the Solids Conditioning Building were rehabilitated
to extend its life another five to seven years. A three-ply roof was installed and warranted by
the manufacturer for 20 years.
On March 10, 1995, the Board authorized award of this construction contract to Ellis Roofing
Company. All construction work has been completed, and it is appropriate to accept the
contract work at this time. The final project costs will be available in the project closeout
position paper. This project is included in the Fiscal Year 1995-96 Capital Improvement Budget
on page TP-70.
RECOMMENDATION: Accept contract work for the Treatment Plant Roof Replacement Phase
I, District Project No. 6098, and authorize the filing of the Notice of Completion.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATI,NG DEPT.lDIV.
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1
OF 2
BOARD MEETING OF
February 15, 1996
NO.
4. CONSENT CALENDAR s.
SUBJECT
ADOPT A RESOLUTION AUTHORIZING APPLICATION
FOR RECLAMATION LOAN FUNDS FROM CSWRCB,
WATER RECLAMATION LOAN PROGRAM
DATE
February 8, 1996
TYPE OF ACTION
ADOPT
RESOLUTION
SUBMITTED BY
Jade Sullivan, Assistant Engineer
INITIATING DEPT./DIV.
Engineering Dept.lPlanning Division
ISSUE: The California State Water Resources Control Board (CSWRCB) requires a resolution from
the Board of Directors be submitted when applying for a loan from the Water Reclamation Loan
Program.
BACKGROUND: The District recently completed both the Recycled Water Treatment Plant
Facilities Plan and Customer Service Facilities Plan which recommends two projects that will
enable the delivery of recycled water to customers at a cost competitive with current water rates.
The Facilities Plans identify a recycled water system that will deliver recycled water to customers
in Pleasant Hill. Feasibility studies conclude that recycled water facilities can be cost-effectively
constructed and operated in Zone One utilizing the rate structure recently reported to the Board.
This first phase constructs a recycled water pipeline from the treatment plant to Taylor Boulevard
and connects five large customers. The recycled water pipeline is being constructed as part of
the Pleasant Hill Relief Interceptor project to take advantage of cost savings due to common trench
construction.
Staff is applying to the SWRCB for a $2,452,000 low interest loan (one-half current bond rates)
for the financing of design and construction costs for the Treatment Plant Facility and Customer
Connections projects.
On September 16, 1993, a negative declaration was approved by the Board for the Recycled
Water Project (including this project) in compliance with the California Environmental Quality Act
(CEQA) .
The CSWRCB requires a resolution be adopted by the District's Board of Directors authorizing the
District to submit an application for a Water Reclamation Loan and authorizing the execution of
a loan contract. The resolution identifies Roger J. Dolan, General Manager-Chief Engineer, as
having authority to submit the loan application and negotiate and execute a loan contract for this
project on behalf of the District.
RECOMMENDATION: Adopt a resolution authorizing application for Water Reclamation Funds.
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RESOLUTION NO. 96-
A RESOLUTION AUTHORIZING APPLICATION FOR
WATER RECLAMATION LOAN FUNDS
BE IT RESOLVED that the Central Contra Costa Sanitary District Board of Directors hereby
authorizes application for a loan from the Water Reclamation Loan Program of the California State
Water Resources Control Board for the design and construction of Recycled Water Treatment Plant
Facilities and Customer Connections and authorizes execution of a loan contract if a loan for this
project is offered.
BE IT RESOLVED that Roger J. Dolan is hereby authorized to submit a loan application and
negotiate and execute a loan contract for this project for and on behalf of the Central Contra Costa
Sanitary District .
PASSED AND ADOPTED this 15th day of February 1996, by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
President of the District Board of the
Central Contra Costa Sanitary District,
County. of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
Kenton L. Aim
District Counsel
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1
OF 4
BOARD MEETING OF
February 15, 1996
NO.
6. BIDS AND AWARDS a.
SUBJECT
DATE
February 9, 1996
AUTHORIZE AWARD OF A CONTRACT TO SUBTRONIC
CORPORATION FOR LOCATING SANITARY SEWER
MAINS AND SIDE SEWERS
TYPE OF ACTION
AUTHORIZE
AWARD
SUBMITTED BY
INITIATING DEPT.lDIV.
Tom Cheng, Assistant Engineer
Engineering Dept./lnfrastructure Div.
ISSUE: On January 23, 1996, sealed bids were received and publicly opened for providing sanitary
sewer locating services for seven current capital projects and miscellaneous future projects. The
Board must authorize award of the contract or reject bids within 50 days of the bid opening.
BACKGROUND: The Infrastructure Division needs to determine the location of approximately
15,000 feet of sanitary sewer mains and 200 side sewers each year as a part of the design of
various collection system capital projects. The purpose of locating the sanitary sewer mains and
side sewers is to verify record information. The results are needed for evaluating alternatives
during the facilities planning and design phases of projects and for minimizing the need for
potholing during design or change orders during construction. In the past, locating of sanitary
sewers and side sewers was performed by the District's Collection System Operations Department
staff. However, due to heavy workload and a shortage of staff resources, an outside Contractor
will perform this locating work in the future. By bidding all anticipated locating work on an annual
basis, the District may obtain a lower overall cost and a significant reduction in paper work
associated with negotiating and issuing separate contracts. The purpose of the Bid Request is to
establish unit cost for each type of work anticipated for the duration of the contract.
A Bid Request was advertised on January 11 and January 17, 1996. Five bids were received and
publicly opened on January 23, 1996. These bids are listed in Attachment 1, Tabulation of Bids.
The Engineering and Purchasing staff conducted a technical and commercial evaluation of the bid
and concluded that Subtronic Corporation is the lowest responsible bidder. The initial contract
amount will be $36,300. Future revisions may be made if additional work is identified.
Staff has concluded that this contract is exempt from the California Environmental Quality Act
(CEQA) under District CEOA Guidelines Section 17.3 since it will provide information for design
of sewer improvements and will not have a legally binding effect on later activities. The Board of
Directors' approval of this award of contract will constitute an independent finding that the
contract is exempt from CEOA.
RECOMMENDATION: Authorize award of a contract to Subtronic Corporation, the lowest
responsible bidder, for providing sanitary sewer and side sewer locating services.
Tee
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SUMMARY OF BIDS
PROJECT NO. 007287CG - locating Services for Sanitary Sewers DATE 01/23/96
lOCATION Various Sites in the District's Service Area ENGR. EST. $ 50.000
No. BIDDER BID PRICE
(Name, telephone & address)
1 Subtronic Corporation (510) 686-3747 $36,300.00
2099-C Arnold Industrial Way
Concord, CA 94520
2 Cruz Brothers (408) 946-5725 $43,700.00
105 Serra Way, #426
Milpitas, CA 95035
3 Precision locating (800) 577-7324 $45,150.00
1 980 Eden Plains Road
Brentwood, CA 94513
4 Roto-Rooter Sewer Service (510) 939-3100 $45,755.00
195 Mason Circle
Concord, CA 94520
5 West Coast Locators, Inc. (408) 294-9368 $59,200.00
P.O. Box 1 81 0
San Jose, CA 95109
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BIDS OPENED BY JOYCE MURPHY
DATE 1/23/96
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Central Qontra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF
4
BOARD MEETING OF
February 15, 1996
NO.
6. BIDS AND AWARDS b.
SUBJECT
AUTHORIZE AWARD OF PURCHASE ORDER TO CYBEREX AND
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO
ALLOCATE $85,000 FROM THE TREATMENT PLANT PROGRAM
CONTINGENCY ACCOUNT FOR THE PURCHASE OF A
REDUNDANT CASCADE UNINTERRUPTIBLE POWER SOURCE
DATE
February 7, 1 996
TYPE OF ACTION
AUTHORIZE
AWARD/AUTHORIZE
ALLOCATION
SUBMITTED BY
Garth Williams
Control System Engineer
INITI~ING DEF'T./DIV.
t'" ant Operations Department/Operations
ISSUE: On December 19, 1995, a sealed bid was received and opened for the purchase of one
redundant cascad~-q-nterruptible power supply (UPS) for Capital Improvement Project No. 6110. The
Board of Directors must award purchase or reject bid within 60 days. Board authorization is required
for contingency allocations of more than $25,000.
BACKGROUND: The District treatment plant's main UPS supplies continuous electrical power to
critical process control equipment, radio and telephone systems, MIS computer equipment, and the
network server even during a complete power failure. The UPS has been well maintained and has
operated continuously for nearly 20 years with minimal downtime. Replacement parts are now
obsolete and no longer available, and the last of on-hand spare parts have been used. Recent UPS
failures have caused subsequent failures to many of the critical loads such as the telephone system.
Because of this, the UPS is no longer redundant or as reliable, and it is necessary to replace the
UPS.
.t C\\)Q5a .00
Previously, bids of $102,728.60 and $~1 ,952,000.00 were received from Cyberex and International
Power, respectively, and publicly opened on October 18, 1995. These bids were rejected by the
Board of Directors on November 3, 1995, because technical evaluation of the proposed UPS units
revealed that proceeding with the purchase and installation of the UPS as previously bid would have
resulted in an unanticipated construction expense and a potential safety hazard. The unanticipated
difficulties resulted from the new UPS technology that favors reducing the input current
requirements, which increases the number of batteries required. In our case, the number of batteries
increased from 20 to 108 cells. The existing UPS battery room is not large enough for the additional
batteries, and expansion of the battery room would be very costly.
After the bids were rejected, the specification was revised to reduce the emergency backup time
requirement from four hours to one and one-half hours, which reduced the number of batteries so
that the existing battery room would not require modification. Then the UPS was re-bid, and the
REVIEWED AND RECOMMENDED F, OARD ACTION
INITIA~AJV.
,J!v\tL- /j i{ /L
KIik
R7Z-
ROGER J. DOLAN
1302A-7/91
GW
JMK f,oICWB
V
KL
MC/KA
SUBJECT
AUTHORIZE AWARD OF PURCHASE ORDER TO CYBEREX AND
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO
ALLOCATE $85,000 FROM THE TREATMENT PLANT PROGRAM
CONTINGENCY ACCOUNT FOR THE PURCHASE OF A
REDUNDANT CASCADE UNINTERRUPTIBLE POWER SOURCE
PAGE
DATE
2
OF 4
February 7, 1996
bid package was sent to the same four suppliers as before. Only one bid for $101,635.93 was
received and opened from Cyberex on D,ecember 19, 1995. Staff's evaluation of the bid received
from Cyberex revealed that the bid was non-responsive to the District bid request. The submitted
bid contained technical variances that added additional costs from such things as filters to handle
non-linear loads and up to 10 percent input total harmonic distortion. Bidder also took exception
to the payment terms and indemnity clause. Staff met with District counsel, and it was determined
that Cyberex's bid submittal was non-responsive and therefor a "no bid." The California Public
Contract Code, Section 20805, allows the District to proceed with the project without further
bidding when no bids are received.
District staff entered into negotiations with Cyberex, the only manufacturer of a UPS that can meet
the District needs, to clarify the District's requirements and reach an agreement on cost reductions
and commercial terms and conditions. The negotiations resulted in an acceptable agreement to
supply the UPS equipment that would meet the District's technical and legal requirements at a
negotiated price of $91,955.13.
For total project cost estimate see Attachment A and the status of the Treatment Plant Program
Contingency Account is shown on Attachment B.
Staff has determined that this project is exempt from the California Environmental Quality Act
(CEOA) under District CEOA Guidelines Section 18.3, since it involves the replacement of existing
equipment with no increase in capacity. Board of Directors' approval of this project will constitute
an independent finding that the project is exempt from CEQA.
RECOMMENDATION: Declare that no responsive bids were received and authorize award of a
negotiated contract to Cyberex in the amount of $91,635.93 for District Project No. 6110, the
Redundant Cascade Uninterruptible Power Supply. Authorize the General Manager-Chief Engineer
to allocate $85,000 from the Treatment Plant Program Contingency Account for District Project
6110.
1302B-7/91
Page 3 of 4
ATTACHMENT A
TREATMENT PLANT UNINTERRUPTIBLE POWER SOURCE (UPS)
DISTRICT PROJECT 6110
COST ESTIMATE
Equipment Purchase
$ 91,955
Installation and Labor
9,134
Miscellaneous Material
1,000
Plant Operations Department Labor
5,800
Contingency
2,111
Total Project Cost
$110,000
Funds Allocated To Date
25,000
Allocation Requested
$ 85,000
Page 4 of 4
ATTACHMENT B
REDUNDANT CASCADE UNINTERRUPTIBLE POWER SOURCE (UPS)
DISTRICT PROJECT 6110
TREATMENT PLANT PROGRAM CONTINGENCY ACCOUNT STATUS
FRO THE PERIOD SEPTEMBER 9, 1995 TO FEBRUARY 15, 1996
Treatment Plant Contingency Account Balance
as of February 15, 1996
$ 31 5,000
Minus Current Allocation Request
85.000
Remaining Balance
$ 230,000
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF
2
BOARD MEF1!~<taary 15, 1996
NO.
6. BIDS AND AWARDS c.
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO
EXECUTE AN AGREEMENT WITH LABORATORY MICROSYSTEMS,
INCORPORATED, FOR A LABORATORY INFORMATION
MANAGEMENT SYSTEM (L1MS), DISTRICT PROJECT 6107
DATE
February 2, 1 996
TYPE OF ACTION
SUBJECT
AUTHORIZE
AGREEMENT
SUBMITTED BJohn P. Snyder
Senior Chemist
INITIATING DEPT.lDIV.
Plant Operations/Operations
ISSUE: Board authorization is required for the General Manager-Chief Engineer to execute
professional and contract services agreements on capital improvement projects for more than
$50,000.
BACKGROUND: In 1991, the District completed a Management Information Systems (MIS) master
plan, which became the basis for the project to upgrade the District's computing/information
systems. Phase II of the project includes the implementation of L1MS as part of the District's
overall information management upgrade effort. The L1MS consists of hardware and software
necessary to store, maintain, process, and report laboratory information for the use of the
laboratory, Plant Engineering Division, and other District personnel. The L1MS also will be used to
electronically transfer required National Pollutant Discharge Elimination System (NPDES) data to
regulatory agencies such as the Regional Water Quality Control Board and the United States
Environmental Protection Agency. This project is described on page TP44-46 of the Fiscal Year
1995-96 Capital Improvement Budget (CIB).
On an annual basis, the Laboratory performs about 45,000 different analyses. These analyses result
in the production of over 300,000 pieces of paper. The majority of this information is currently
maintained and processed manually through worksheets, log books, binders, clipboards, manual
reports, etc. This current manual laboratory information management system is inefficient compared
to modern industry standards. The L1MS will perform these tasks more efficiently after its initial
setup.
The District received proposals for L1MS from seven potential suppliers. With the help of a
consultant, these proposals were reviewed and rated; follow-up meetings were held with the best
potential suppliers of the L1MS. Laboratory MicroSystems, Incorporated was selected as the lowest
responsive bidder. District Laboratory staff has toured two separate laboratories that have
Laboratory MicroSystems, Incorporated, systems. Based on the review of proposals and the site
visits, staff is confident that the Laboratory MicroSystems, Incorporated, system will appropriately
meet the District's needs.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
SD ,)/vt Ie
BSD JMK
:1 ",'HL
a~~
1302A-7/91
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO
EXECUTE AN AGREEMENT WITH LABORATORY MICROSYSTEMS,
INCORPORATED, FOR A LABORATORY INFORMATION
MANAGEMENT SYSTEM (L1MS), DISTRICT PROJECT 6107
PAGE
DATE
February 2, 1 996
Staff has negotiated an agreement with Laboratory MicroSystems, Incorporated, for $165,000,
which includes the cost of software modules, installation, data conversion, and the first annual
software support upgrade fee. The total cost of the project is $300,000, which includes computer
hardware ($55,000), cabling/networking ($35,000), on-site staff training ($25,000), and
contingency and project management ($20,000).
Staff has determined that this project is exempt from the California Environmental Ouality Act
(CECA) under District CEOA Guidelines, Section 18.2, as a minor alteration to an existing facility
with no expansion of service capacity. Approval of this project by the District Board of Directors
will constitute an independent finding that this project is exempt from CEOA.
RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an agreement with
Laboratory MicroSystems, Incorporated, for the purchase of a L1MS software and installation
support.
1302B-7/91
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1
OF 2
BOARD MEETING OF
February 15, 1996
NO.
8. TREATMENT PLANT a.
SUBJECT
BOARD ACCEPTANCE OF THE 1995 SELF-MONITORING
PROGRAM REPORT
DATE
February 5, 1996
TYPE OF ACTION
ACCEPTANCE OF
REPORT
SUjWlTTIiD BYW B tt
\..nanes . a s
Plant Operations Department Manager
INIT~MWtD5'p~tations Department
.
ISSUE: The Central Contra Costa Sanitary District's (CCCSD) Self-Monitoring Program annual report
for 1995 has been prepared for submission to the California Regional Water Quality Control Board
(RWQCB), San Francisco Bay Section. The annual report, which is sent separately to the Board of
Directors, is presented for its information and acceptance.
BACKGROUND: There was a total of 16,060 million gallons of wastewater treated for an average
daily flow of 44 million gallons. This flow is about 26 percent higher than the 1994 average of 34.8
million gallons per day and is due mainly to the wet winter of 1995. The treatment plant produced
an effluent with an annual average biochemical oxygen demand (BOD) and total suspended solids
(TSS) concentration of 8 and 7 mg/L, respectively. This is markedly lower than our National
Pollutant Discharge Elimination System permit standards of 25 mg/L and 30 mg/L, respectively. The
BOD and TSS removal efficiency for the plant averaged 95 and 96 percent, respectively. Solids
disposal during this year involved the incineration of dewatered sludge in the District's multiple-
hearth furnaces. Approximately 3,650 tons of furnace ash was produced. Of this, approximately
295 tons was beneficially reused at Vasco Road Landfill as daily cover for the landfill, and the
remainder was used as the foundation layer for the final cover of Colusa County Landfill. The ash
met regulatory requirements for final disposal throughout the year.
The Treatment Plant met all effluent requirements throughout the year except for 26 non-zero
chlorine residual and one receiving water pH limit exceedence. This compliance record was
achieved as normal plant operation was disrupted to accommodate the following construction
projects: Ultraviolet Disinfection, Aeration Basin Selector, Aeration Basin Improvements, Standby
Power, and Cogeneration.
The number of chlorine residual limit exceedence events was cut by 38 percent over 1994. Only
seven of these events exceeded the RWQCB's concentration threshold, and none exceeded the
duration threshold. The RWQCB established the concentration/duration threshold approach for
chlorine
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV.
S~( \( ~/
1302A-7/91
C
SUBJECT
BOARD ACCEPTANCE OF THE 1 995 SELF-MONITORING
PROGRAM REPORT
PAGE
DATE
2
OF
2
February 5, 1996
residual violations because they realized how difficult it is to have no chlorine residual all of the time;
the threshold approach allows the RWaCB not to take enforcement action against exceedences
below the established threshold. The Ultraviolet Disinfection Facility construction is on schedule and
is expected to be completed in the summer of 1996. When the Ultraviolet Disinfection Facility is
completed, chlorine residual limit exceedences will be eliminated.
In March, 1995, the receiving water near our outfall was 0.6 pH units from the ambient; our permit
allows a 0.5 pH unit variance from the ambient. This variance does not appear to be caused by the
District's effluent considering the receiving water buffering capacity and the immediate large effluent
dilution in the receiving water.
Collection System
The District was issued a new NPDES permit on May 25, 1995. The provisions of the new NPDES
permit continued the requirement that the annual Self-Monitoring Report cover the operation of the
treatment plant and added the requirement to submit data on the operation of the collection system.
The District collection system experienced 48 reportable overflows over 100 gallons during 1995.
These overflows were reported to the RWaCB in the monthly Self-Monitoring Reports. Sixteen of
the 48 exceeded the 1,000 gallon reporting threshold and were reported immediately to the RWaCB
with follow-up written reports. Twelve of the 16 large overflows were caused by wet weather
events; the four remaining overflows were caused by a landslide, a storm drain failure, and two
blockages due to construction debris in the collection system.
Upon acceptance of this report by the Central Contra Costa Sanitary District Board of Directors, the
1995 Annual Self-Monitoring Program Report will be submitted to the California Regional Water
auality Control Board.
RECOMMENDATION: Acceptance of the 1995 Annual Self-Monitoring Program Report.
1302B-7/91
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF
1'010.
10. BUDGET AND FINANCE a.
~Hbruary 9, 1996
BOARD MEETING OF
SUBJECT
RECEIVE THE 1995-1996 OPERATIONS AND MAINTENANCE
BUDGET REVIEW FOR THE SIX MONTHS ENDED
DECEMBER 31, 1 995
TYPE OF ACTION
RECEIVE BUDGET
REVIEW
SUBMITTED BY
Debbie Ratcliff, Controller
INITIATING DEPTJDIV.
Administrative/Finance & Accounting
ISSUE: A report of the results of a comparative review of actual and budgeted Operations and
Maintenance (O&M) revenues and expenses for the first six months of the 1995-1996 fiscal
year is provided in this Position Paper.
BACKGROUND: A comparison of actual and budgeted District O&M revenues and expenses
for the six months ended December 31, 1995, and projected revenues and expenses for the
fiscal year ending June 30, 1996 is summarized on page 2.
Based on the results of the first six months of the 1995-1996 fiscal year, projections have been
made of revenues and expenses for the full fiscal year. District revenues are projected to total
$28,244,800 for the fiscal year, which are $168,500 or 0.6 percent higher than budgeted
revenues of $28,076,300. Major variances between projected, or actual, revenues and
budgeted revenues for the fiscal year and the six-month period are presented on page 3.
Variance explanations specifically address the six-month period.
District expenses are projected to be $27,525,575 for the fiscal year, which are less than
budgeted expenses of $27,669,020 by $143,445 or 0.5 percent. Variances between
projected, or actual, expenses and budgeted expenses for the fiscal year and the six month
period are described by major expense categories on page 4, and benefit expense variances and
projections are detailed on page 5. Again, the variance explanations specifically address the
six-month period.
RECOMMENDATIONS: Receive the 1995-1996 Operations and Maintenance Budget Review
for the six months ended December 31, 1995, and provide comments and guidance to District
staff.
INITIATING DEPT./DIV.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
LJ/l
1302A-7/91 DR
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4. ITEMS HELD OVER FRl PREVIOUS BOARD MEETING a.
February 1, 1996
Central Contra Costa Sanitary District February 5, 1996
BOARD OF DIRECTORS
PAGE 1
OF8
;:po.srriON...RP!E.a'i
BOARD MEETING OF
January 1 1, 1 996
NO.
6.
SOLID WASTE a.
CONSIDERATION OF BOARD ACTION ,ON ALLEGED
BREACHES OF ORINDA-MORAGA DISPOSAL SERVICE,
INC. SOLID WASTE FRANCHISE AGREEMENT AND CURE
OR FAILURE TO CURE SAME
Dot.TE
January 9, 1996
lYPE OF ACTION
SUBJECT
CONSIDER
POTENTIAL BREACH
OF CONTRACT
SUBMITTED BY
INlTIAnNG DEPT JDIV.
Kenton L. Aim, District Counsel
Admini
ISSUE: The General Manager-Chief Engineer has determined that Orinda-Moraga Disposal Service,
Inc. (OMDS) is in breach of its solid waste franchise. If the General Manager-Chief Engineer
determines that a material breach has occurred, such determination is automatically appealed to
the Board for final action.
BACKGROUND: The General Manager-Chief Engineer is responsible under the current solid waste
franchise agreements to make determinations as to breaches thereof. General Manager-Chief
Engineer has recently provided final notice to OMDS that two sets of circumstances
independently give rise to a breach of the contract. Failure of OMDS to cure either breach may
lead to a determination that a "material" breach has occurred. A letter from Mr. Dolan to Mr.
Lomow, dated December 22, 1995, setting forth the specifics of the current breach and cure
circumstances is attached at Exhibit A.
A determination by the Board that a material breach has occurred would allow the Board to direct
that the agreement be terminated or direct other appropriate action'. Staff is not recommending
termination of the agreement at this time. Staff seeks to make clear that the issues before the
Board deal only with OMDS' financial obligations and do not effect OMDS' continuing contractual
obligation to provide appropriate service for the remaining term of the franchise.
Due to the fact that the current franchise agreement with OMDS will terminate by its terms at the
end of February 1996, staff has concluded that certain contractual issues must be addressed in
the immediate future. Staff's overall objective is, of course, to ensure Quality service throughout
the remainder of the franchise period, while minimizing any adverse economic impact on the rate
payers or OMOS creditors. Due to the franchise termination date and the Board meeting
schedule, this matter has been put before the Board on an essentially conditional basis. At the
time of preparation of the Position Paper, staff has not had an adequate opportunity to evaluate
whether appropriate efforts to cure have been undertaken by OMOS consistent with the.
December 22, 1995 letter from Roger Dolan. Staff will provide an update of the circumstances
concerning these contractual matters at the Board meeting. Direction from the Board with regard
to further action may be requested, depending on the status of the pending issues.
RECOMMENDATIONS: Consider whether the alleged breaches of the OMOS franchise agreement
have been cured, and direct further action with regard to OMDS franchise agreement as may be
~ppropriate.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATlN(m
1302A.7191
KLA
OGER J. DOLAN
ADS/S/Admin/Po.P/OMDSB,....pp
Central Contra Costa Sanitary District
5019 Imhoff Place, Martinez, California 94553-4392 (510) 228 9500 · FAX: (510) 676-7211
December 22, 1995
ROGER J. DOL>>.'
General MOTUlger
Chief E1/{/ineer
CERTIFIED MAil: P 621 915 306
KE^70XLALM
Cclunul for the District
(5101938-1430
JOYCE E. MURPH>'
Secretl1r1/ of the District
Mr. Doug lomow
Orinda Moraga Dispose-All
1029 Blackwood lane
lafayette, CA 94549
RE: Delinquent Franchise Fees
Dear Mr. lomow:
ISSUE ONE
On September 22, 1995, Central Contra Costa Sanitary District (CCCSD) notified Orinda
Moraga Disposal Service, Inc., (OMDS), by written correspondence sent by certified mail,
of OMOS' default and breach under the terms of the Agreement for Collection, Removal
and Disposal of Garbage, Zone 1 and 1A (the -Agreement.). In said written notification,
CCCSD demanded that all delinquent franchise fees and legal impound fees be paid within
thirty (30) days of receipt of said notification. Said notification further demanded that the
monthly franchise fees and legal impound fees to become due through the remaining term
of the Agreement be paid on a monthly basis. A copy of said September 22, 1995
written notification is enclosed for your reference.
Despite such demand having been made, OMDS has failed and refused to pay any of said
past due franchise and legal impound fees, nor any of the monthly fees which became due
thereafter. I have determined that the failure of OM OS to pay the fees described herein,
and in the September 22, 1995 correspondence, to be a default of OMDS' obligations
under the Agreement, and to be a material breach of the Agreement. Pursuant to the
terms of the Agreement, my determination in this regard shall automatically be appealed
to the Board of Directors of the CCCSD (the -Board.).
Please be advised that this appeal will be considered by the Board at its meeting
scheduled for January 11, 1996 at 2:00 p.m. Should OMDS pay to CCCSD all of the fees
described in this correspondence, and the September 22, 1995 written notification, on
or before January 8, 1996, the Board will be notified and be requested to consider that
payment in ruling on the appeal.
C:\WPOOCS\RJO\LOMOW.L TR
@ Recycled P-'lfll?r
HOB
ISSUE TWO
CCCSD has been seeking to perform an examination of the records pursuant to paragraph
7 of the Agreement since August of this year. Most recently, an examination was
scheduled to be performed on or about December 8, 1995 by the agreed upon
independent CPA firm of Hemming Morse. To date, no examination has occurred. I
conclude that the failure of OM OS to provide the records in a timely manner to allow for
an examination as provided for in the Agreement also constitutes a breach of the
Agreement.
Pursuant to the terms of the document which was signed on December 20, 1995
(Agreement Regarding Examination of Orinda Moraga Disposal Service, Incorporated's
Books and Records), you have committed to the performance of an examination to be
commenced on January 8, 1996. To the extent that you fully comply with the terms of
that document, OMDS may cure this breach. If OMDS does not fully comply with the
terms of the December 20, 1995 document, I will be forced to conclude that this second
default on the part of OM OS also constitutes a material breach. In the event I determine
this breach has not been cured, this matter will likewise be calendared on the Board's
agenda for January 1 1, 1996 for the automatic appeal proceedings.
If you wish to appear before the Board at its January 1 1, 1996 meeting, you and/or your
representative will be provided reasonable time to address this issue. We would
appreciate it if you would notify Joyce Murphy, the Secretary of the District, of your
intentions with regard to making a presentation.
;;;J,eIY~ ~/ ~
ROger:n'~ ~
General Manager/Chief Engineer
RJD:bl
Enclosure
cc: Board of Directors
K.Alm
P. Morsen
D. Ratcliff
R. Adams, Lafayette
R. Hubbard, Moraga
W. Lindsay, Orinda
K. Norris (via FAX #510-222-5992)
C:\WPOOCS\RJO\LOMOW.L TR
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Central Contra Costa Sanitary District
ROGER J. DOWJ
Getwrlll Mantlgrr
CMf Engm<<r
KD-70N L. ALH
CoImuI fur tlw District
(5JO) 938-J430
JOYCE E. MURPHY
S<<mtlril of tlw District
September 22, 1995
CERTIFIED MAIL: P 385 323 031
Mr. Doug Lomow
Orinda Moraga Dispose-All
, 029 Blackwood Lane
Lafayette, CA 94549
Dear Mr. Lomow:
Over the past several years, Orinda Moraga Dispose-All has had difficulty paying its
franchise fee to the District in one lump sum within 30 days of receipt of invoice per
Section 19 of the Franchise Agreement. You requested a monthly payment plan, and we
have accommodated that request. You have consistently indicated a willingness to make
payments but have indicated that you have had cash flow problems. However, as of
today, we have not received any monthly payments on the franchise fee, nor the legal
impound fees since the December 1994 and November 1994 payment, respectively.
Furthermore, delinquent payments from 1993 are still outstanding as well.
You announced at the Orinda City Council meeting on September 5, 1995, and again in
your "Guest Columnist" article in the September 20, 1995 Contra Costa Sun that you had
paid all that you believe you' owe in franchise fees to the District. This was very
surprising since you are significantly delinquent on your monthly payments. Your
statements seem to indicate that you will not be paying the District agreed upon
contractual fees which were included in your rate base. The District is now requesting
full payment of all delinquent franchise fees and legal impound fees in the amount of
$352,755.63 (which includes prior year unpaid amounts) within 30 days of receipt of this
letter. The remaining balance of $194,615.44 is due starting in October on a monthly
basis by the,15th of each month. A detailed breakdown of delinquent amounts owed is
attached.
@ R."y<l.d Papor
HOB
.'
Mr. Doug Lomow
Page 2
September 22, 1995
Since this letter is referring to amounts owed to the District, I will use this opportunity to
remind you of my letter, dated July 28, 1995, which requests that the $2.12 per ton
household hazardous waste fee which was previously collected at the West Contra Costa
Landfill be remitted to the District on a monthly basis beginning August 15, 1995. (See
attached letter.) To date, we have not received the payments due for the months of July
and August.
Your prompt payment is expected within 30 days.
51' .!.eIY"
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~aul Morsen
Deputy General Manager
PM:dp
Attachment
cc: Board of Directors
K.Alm
R. Dolan
D. Ratcliff
R. Adams. Lafayette
R. Hubbard. Moraga
W. Lindsay, Orinda
ADS/Ratcliff 2AlFrsncFee.Ltr
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.. ORINDA MORAGA DISPOSE-ALL
DETAILED PAYMENT HISTORY
.
. FRANCHISE FEES
, .
Payable Payment
Amount Amount Net Owed
Prior Years:
April 1993 Late Charge $2,123.47 $1,844.72 $278.75
Jan. 1993 thru Nov. 1993 $172,207.75 $172,207.75 0
Dec. 1993 $ 15,655.25 0 $15,655.25
Jan. 1994 thru Nov. 1994 $158,771.25 $158.771.25 0
Dec. 1994 $14.433.75 Q $14.433.75
Prior Years Subtotal $363,191.47 $332,823.72 $30,367.75
Current Year: (13 Payments)
Jan. 1995 (Due Feb. 15) $28,846.15 0 $28,846.15
Feb. 1995 (Due Mar. 15) $28,846.15 0 $28,846.15
Mar. 1995 (Due Apr. 15) $28,846.15 0 $28,846.15
Apr. 1995 (Due May 15) $28,846.15 0 $28,846.15
May 1995 (Due Jun. 15) $28,846.15 0 $28,846.15
Jun. 1995 (Due Jut. 15) $28,846.15 0 $28,846.15
Jut. 1995 (Due Aug. 15) $28,846.15 0 $28,846.15
Aug. 1995 (Due Sept. 15) $28.846.1 5 Q $28.846.1 5
Current Year Subtotal $230,769.20 0 $230,769.20
Total Past Due $261.136.95
Remaining Due Thru End of
Franchise Agreement:
Sept. 1995 (Due Oct. 15) $28,846.15 0 $28,846.15
Oct. 1995 (Due Nov. 15) $28,846.15 0 $28,846.15
Nov. 1995 (Due Dec. 15) $28,846.15 0 $28,846.15.
Dec. 1995 (Due Jan. 15) $28,846.15 0 $28,846.15
Jan. 1996 (Due Feb. 15) $28.846.20 Q $28.846.20
Remaining Subtotal Due $144,230.80 $144,230.80
Total Due Thru End of $405.367.75
Franchis6 Agi66iiiSiit
AOSlRat.cliff 2AfPmtHilt.cht
ORINDA MORAGA DISPOSE-ALL.
DETAILED PAYMENT HISTORY
,- LEGAL IMPOUND
...
Payable Payment
Amount Amount Net Owed
Prior Years:
Jan. 1993 - Dec. 1993 $130,000 $129,996.69 $3.32
Jan. 1994 - Oct. 1994 $55,000 $55,000 0
Nov. 1994 $5,500 0 $5,500
Dec. 1994 $ 5.500 Q $ 5.500
Prior Years Subtotal $196,000 $184,996.68 $11,003.32
Current Year: (13 Payments)
Jan. 1995 (Due Feb. 15) $10,076.92 0 $10,076.92
Feb. 1995 (Due Mar. 15) $10,076.92 0 $10,076.92
Mar. 1995 (Due Apr. 15) $10,076.92 0 $10,076.92
Apr. 1995 (Due May 15) $10,076.92 0 $10,076.92
May 1995 (Due Jun. 15) $10,076.92 0 $10,076.92
Jun. 1995 (Due Jul. 15) $10,076.92 0 $10,076.92
Jul. 1995 (Due Aug. 15) $10,076.92 0 $10,076.92
Aug. 1995 (Due Sept. 15) $1 0.076.92 .Q $1 0.076.92
Current Year Subtotal $80,615.36 $80,615.36
Total Past Due $91 ,618.68
Remaining Due Thru End of
Franchise Agreement:
Sept. 1995 $10,076.92 0 $10,076.92
Oct. 1995 $10,076.92 0 $10,076.92
Nov. 1995 $10,076.92 0 $10,076.92
Dec. 1995 $10,076.92 0 $10,076.92
Jan. 1996 $1 0.076.96 Q $1 0.076.96
Remaining Subtotal Due $50,384.64 0 $50,384.64
Total Due Thru End of Franchise $142,003.32
Agreement
AOSIR.t.cliff 2A/lmpouncl.cht