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Home My WebLink AboutAGENDA BACKUP 11-03-94 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF November 3, 1994 NO. 3. CONSENT CALENDAR e. DATbctober 28, 1994 SUBJECT ACCEPT GRANT OF EASEMENT FROM GRANVILLE B. STRUNK AND ORA F. STRUNK, 853 REVERE ROAD, LAFAYETTE, AT A COST OF $500 FOR KNOX DRIVE SEWER REPLACEMENT PROJECT, DP 4602 TYPE OF ACTION ACCEPT GRANT OF EASEMENT SUBMITTED BY Ricardo Hernandez, Engineering Asst. INITIATING DEPT.lDIV. Engineering Dept./lnfrastructure Div. ISSUE: The Board of Directors' approval is required for accepting Grants of Easements. BACKGROUND: The Infrastructure Division is in the process of completing plans for the Knox Drive Sewer Replacement Project in Lafayette. As part of this project, approximately 300 feet of an old 6-inch sewer with a history of high maintenance will be abandoned and replaced. In addition to having a frequent maintenance schedule, the sewer is located along a creek bank. The new sewer will be at a different alignment that will reduce maintenance costs and improve service to the area. This new alignment will locate the new sewer within the property at 853 Revere Road (see Exhibit A). District staff calculated the value of the easement to be a nominal amount of $500. Mr. and Mrs. Strunk, owners of 853 Revere Road have agreed to this amount as just compensation for the easement. A Grant of Easement Deed for the purchase of the easement has been executed by the property owners. Funds for the easement purchase have been included in the project budget. RECOMMENDATION: Accept the Grant of Easement Deed from Granville B. Strunk and Ora F. Strunk and authorize staff to record said Deed with the Contra Costa County Recorded at a cost of $500. INITIATING DEPT./DIV. \2-~ REVIEWED AND RECOMMENDED FOR BOARD ACTION RAB 1302A-7/91 RH CWS fI# JSM f)f{j? " . ' . . . . . I' , ..... ..,::'.,... ".::~~~;)~~\:'\lg ;~~:""" ..' ..:,..,;, .~." 'Jill'" ,~"". '. .,.' ""'~'~'~':''''' :S"d,\\ '.~. .~t:: :~. " CENTRAL CONT~1~i1P9~~;ir(fi~lARY DISTRICT I I Iii l;ni1 W~\ii'\\Wi:h;:;J;:~,;;:>;~;~;;::M:~";~~;;'i i \ i'iii i'in i' / / ~ ~ '1- V N :;:: .,. .c -" u .;:: , 0' .~ , <', if> o tJ~--- ~I 01 ~I ,<I OJI '<I <.vI OJI 01 /-.... 1 1 $1 ~I ~I 01 ~ I OJ1 /-.....1 01 ~I N ~ WARWICK --------- ~ o I 40 80 I FEET "' .,. 01 () DRAWN BY: RH SCALE: 1"=40' CHECKED BY: RH DATE: THOMAS BRO.: 71C4 CO. ASSMT. NO.: 251-120-030 EXHIBIT A 10/13/94 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF November 3, 1994 NO. 3. CONSENT CALENDAR f. DATbctober 25, 1994 SUBJECT AUTHORIZE THE EXECUTION OF A CONSENT TO DEDICATION TO CONTRA COSTA COUNTY (JOB 488 - PARCEL 2) M.S. 126-90 (WALNUT CREEK AREA) TYPE OF ACTION APPROVE CONSENT TO DEDICATION SUBMITTED BY INITIATING DEPT./DIV. Dennis Hall, Associate En ineer t./lnfrastructure Div. ISSUE: The county requires a "Consent to Dedication" whenever an area dedicated for public road purposes encroaches upon an existing easement. BACKGROUND: A portion of Parcel B of Minor Subdivision M.S. 126-90 is being dedicated to the county for widening the public road known as Montecello Drive. An existing public sewer easement is located within the dedicated area. Since the easement precedes the dedication of the public roads, a consent to dedication is needed. A standard consent document will be used in which the District retains prior rights. The District's action on this project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. RECOMMENDATION: Approve the Consent to Dedication to Contra Costa County, M.S. 126-90 Job No. 488, authorize the President of the District Board of Directors and the Secretary of the District to execute said document and authorize its recording by Contra Costa County. DH JSM RAB RE~EWEDANDRECOMMENDEDFORBOARDAcnON INITIATING DEPT./DIV. /" '//1 rni5 1302A-7/91 - ------~75..0~ \ ~ ~ 00" __ \ --- ---~"';I'--.........!!:--_- ~ -- --- ~" 6' ROAD WIDENING---s::~~" ~ \'o, '\ 72.2:' - -\ ~ ~\ ~ 5~,,33' ~ '\ 'o" ~ ~~ ,~ ~ t, '\' 10' S.S.E. tQ ~~ '\'<>~(3094 O.R. 180) ').0'. -,.,~)"~;~<o~ ~ 'o202'P' ~. ~'\0 1:0 ~(\ '\~1":< C'Q 'B-, -<l 1- )\ '\ v,,";J-(-:-V~ ",*:r '\ ~ '\ S' ~ -?o So2 'Jo. ... .. ""6' "'1!, "'0 '02 0-. ~... . "\... ~''>?-'A 6'~'j, 'v. ,9...,~ Vo ~ \ 00, '<"~/ " (' w > - a: c ~-;; Zc~ , AREA OF CONSENT - i ,- 200:T I 'f': '" 00' w 0 :n ..J '"' ..J p ('; W Z 0 W t- Z 0 :!: " 87'S~'OO" W , \ /. , , 2S' PR:VA TE ACCESS ------?- EASEMENT APPURT':',- ./ / _#1'0 , , " " CONSENT TO DEDICATION JOB 488 PARCEL NO. 2 WALNUT CREEK AREA Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF November 3, 1994 NO. 3. CONSENT CALENDAR g. DAT'bctober 25, 1994 SUBJECT AUTHORIZATION FOR P.A. 94-11 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING SUBMITTED BY INITIATING DEPT./DIV. Dennis Hall, Associate En ineer Parcel No. Area Owner I Address Parcel No. & Acreage Remarks Lead Agency 94-11 Alamo (78A6) J. Richard Lombardi 21 Gary Way Alamo, CA 94507 198-160-009 (0.66Ac.) Existing house with a failing septic system; must connect to the public sewer system. Project is exempt from CEOA. CCCSD RECOMMENDATION: Authorize P.A. 94-11 to be included in a future formal annexation. REWEWEDAND RECOMMENDED FOR BOARD AcnON ttI W JSM INITIATING DEPT./DIV. 1302A-7/91 ~ HEMME SUBDIVISION PROPOSED ANNEXATION P.A. 94-11 PAGE 1 OF 1 NO. SUBJECT 3. CONSENT CALENDAR h. DATEoctober 31, 1 994 SET A PUBLIC HEARING ON DECEMBER 1, 1994 TO CONSIDER THE APPLICATION FOR REFUSE COLLECTION RATE INCREASE SUBMITTED BY ORINDA MORAGA DISPOSE-ALL TYPE OF ACTION SET PUBUC HEARING DATE SUBMITTED BY INITIATING DEPT./DIV. Debbie Ratcliff, Controller Administrative/Finance & Accounting ISSUE: Orinda Moraga Dispose-All has submitted an application for a rate increase. The rate application and analysis completed by Hilton, Farnkopf & Hobson will be reviewed at a Board Workshop on November 17, 1994 and will be the subject of a Public Hearing on December 1, 1994. BACKGROUND: Orinda Moraga Dispose-All has submitted an application for a 1.90 percent rate increase. There appears to be one critical issue surrounding this rate increase. Apparently, Orinda Moraga Dispose-All recently signed a contract with Richmond Sanitary Service for a disposal rate of $72 per ton for six months and $31.50 per ton from April 1995 through February 1996. This year's rate analysis will weigh this contract against the short-term agreement with Altamont Landfill which guarantees a disposal rate of $32.79 for 16 months. The requested increase of 1.9 percent does not take into account the decrease in disposal costs of either option. RECOMMENDATION: Authorize a Public Notice to set a Board Workshop on November 17, 1994 and a Public Hearing on December 1, 1994 to receive public comment on the request for an increase in refuse collection rates. REVIEWED AND RECOMMENDED FOR BOARD ACTION OG J. OLAN ADS/Position Paper 2/Ref ps.PP ~ ~-----~._---~-"___~_______.___~______"_____'_""_"",._u.____.._~____..___.___"__._~_,___.___._____. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 4 BOARD MEETING OF November 3, 1994 NO. 5. BIDS AND AWARDS a. DATE October 28, 1994 SUBJECT AUTHORIZE AWARD OF CONTRACT TO SG ENGINEERS AND CONSTRUCTORS FOR IRRIGATION IMPROVEMENTS PROJECT, DISTRICT PROJECT 6101 TYPE OF ACTION AUTHORIZE AWARD OF CONTRACT SUBMITTED BY Joseph J. Pomroy INITIATING DEPT.lDIV. Plant Operations Department ISSUE: The District has received bids for District Project No. 6101, Irrigation Improvements Project. The Board of Directors must authorize award of the construction contract or reject all bids within 60 days of opening all bids. BACKGROUND: The District's present irrigation system is connected to the No.3 water system, which is chlorinated final effluent. The improvements to the irrigation system involve switching service to the No. 2 water system, which is chlorinated and filtered final effluent. This No. 2 water system will provide irrigation water for present and future conditions that will more reliably meet California Title 22 Standards for landscape irrigation. The project was advertised on October 7 and 12, 1994. Two bids were received and publicly opened on October 19. These bids are listed on Attachment 1, Tabulation of Bids. The lowest responsible bidder is SG Engineers and Constructors with a bid of $33,250 for furnishing and installing all materials and equipment necessary to construct the Irrigation Improvements Project. The engineer's estimate for the work was $25,200. The low bid received was over the engineer's. estimate as a result of higher than anticipated labor costs. This project is in the Fiscal Year 1994-95 Capital Improvements Budget on page TP-65. The current balance of the Sewer Construction Fund, minus unspent allocations, plus projected dependable revenue will be adequate to fund this project. A funding summary is presented in Attachment 3. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under DistrictCEQA Guidelines Section 18.2, since it involves a minor alteration to an existing facility with little or no increase in capacity. The Board of Directors' approval of this project will constitute a finding that the project is exempt from CEQA. RECOMMENDATION: Authorize award of contract to SG Engineers and Constructors, the lowest responsible bidder, for $33,250 for the Irrigation Improvements Project, District Project No. 6101. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-7/91 JJP (JMtL ~~ CWB INITIA~'V JLB ATTACHMENT I Page 2 of 4 ~. :;; po : - ~ - Hi ~ ti ~ ~ 0+..) U - (1) .,.., 0 ~ 0.. VI 0+..) e:: (1) E c:( a (1) E U ~ > 0 .. ~ 0 (1) - ~ c.. U r- ~ a E r- ~ ,..... 1-4 r- ..... I~ ~ VI M r- ~ LO >, a a .. e:: (1) 0\ ,..... I~ ll:l ..:>t!. M r--. j ~ 0 N ~ I;; N -0 U M 'd" ..... r- (1) M ::3 0+..) c:( . ~ 0+..) ll:l E a a ~ (1) ~ ll:l Cl I.L1 ;- a C 1.0 I- z: z: ~ 0') ..... a ~ LO ~ VI N 1-4 ~ . (1) - M r- (1) c:( M a r- e:: U 'd" ~ LO ll:l ..... 0\ U VI N 0+..) g o~ LO >, a a ~ .. VI ,..... Cl ll:l ..:>t!. M LO M e:: I.L1 E r- N :r.? -0 U N M 1-4 ll:l 6 M ::3 0+..) c:( ~ ~ ~ ~ r- a :t? a ~ (1) ......... -0 V) c:( r- a 1.0 I- z: z: ! e:: .;:; I ll:l t- - e:: .: 0.. .c:: (1) ; VI m ..... . ~ r- e:: > ll:l 0 ~ 0 0+..) ~ ::3 i i ~ ~ m ~ .~ 0 a: I.L. ~ m - c.. I- ~ ~ &II , . E S ~ III 0< z: 0 S!! ~ a: id 1-4 2 ~ '" t!! r- r- E ~ i ~ ll:l (1) 0\ 0+..) 0+..) ......... VI VI r;; VI ~ a e:: ~ ~ N 1-4 0 .&. ......... 'r .fo.) a - -0 e:: (f)U ~ r- e:: 0 cE ll:l ..... :; i 0+..) m'~ - .c:: ll:l VI 0') u..e:: ..... ..... 00 , e:: ~ :: ZU, So. ~ ::s ..... ~ O~ roo: I.L. ~~ t J ~~ 0+..) :;:)(1) ~ 0 ~ me:: ..... ~..... . to- en.. - ..... e::~ ~! 0- i i E - I I I ... It ..... a: a: A TT ACHMENT 2 PAGE 3 OF 4 IRRIGA TION IMPROVEMENTS PROJECT DISTRICT PROJECT NO. 6101 POST BID CONSTRUCTION ESTIMATE PERCENT OF CONSTRUCTION ITEM DESCRIPTION TOTAL COSTS 1. CONSTRUCTION CONTRACT $ 33,250 2. CONTINGENCY AT 1 5 % 4,900 SUBTOTAL: $ 38,150 100.0% 3. CONSTRUCTION MANAGEMENT 2,000 ADMINISTRA TION/INSPECTION 4. ENGINEERING/AS-BUlL T DRAWINGS 500 5. PLANT OPERATIONS DEPARTMENT $ 1 ,500 6. SUBTOTAL: $ 4,000 10.4% 7. PRE-BID EXPENDITURES 5,540 14.5% 8. TOTAL PROJECT COST 47,690 125.0% 9. FUNDS AUTHORIZED TO DATE $ 60,000 10. TOTAL PROJECT COSTS REQUIRED TO $ 0 COMPLETE THIS PORTION OF THE PROJECT ATTACHMENT 3 PROJECT FUNDING SUMMARY FOR THE PERIOD 10/1 0/94 THROUGH 11/09/94 SEWER CONSTRUCTION FUND BALANCE AS OF 10/31/94 MINUS UNSPENT PRIOR ALLOCATIONS PLUS DEPENDABLE CURRENT YEAR REVENUE (7/94 THROUGH 3195) $36,613,836 PAGE 4 OF 4 $44,211 ,600 (20,791,364) 13,193,600 $36,613,836 > $0 (ALLOCATION REQUIRED) PAGE 1 OF 10 NO. 6. SUBJECT DATE SOLID WASTE a. November 1, 1994 ESTABLISH REFUSE COLLECTION RATE DECREASE FOR VALLEY WASTE MANAGEMENT EFFECTIVE OCTOBER 1, 1994 TYPE OF ACTION ESTABLISH RATES SUBMITTED BY INITIATING DEPT./DIV. Debbie Ratcliff, Controller Administrative/Finance & Accounting ISSUE: Board action is required to set rates for the refuse collection companies franchised by the District. BACKGROUND: In conjunction with the cities of Walnut Creek and San Ramon, Central Contra Costa Sanitary District staff has been negotiating with refuse companies regarding short-term disposal proposals. Proposals included Valley Waste Management (VWM) for disposal of waste at Altamont Landfill, Browning-Ferris Industries (Acme/BF!) proposal for disposal at the Acme Transfer Station and the Keller Canyon Landfill, and Richmond Sanitary Service's (RSS) proposal for the West Contra Costa Sanitary Landfill and later the Pittsburg Transfer Station and the Potrero Hills Landfill. On October 13, 1994, the CCCSWA Board endorsed the VWM proposal for the transport and disposal of waste at the Altamont Landfill resulting in a 20 percent rate reduction for garbage customers. As of October 14, 1994, VWM has been transporting the refuse it collects to the Altamont Landfill for disposal; the negotiated proposal provides for the new rate reduction to begin effective October 1, 1994. Furthermore, under this proposal, no further rate requests will need to be processed by the District during the remaining term of the current franchise agreement with VWM. Evaluation of ProDosals The VWM proposal is recommended because: . Substantial disposal cost savings will occur beginning October 14, 1994; . Rate reductions to garbage customers will occur retroactive to October 1, 1994; . VWM (the District's current franchisee) and Altamont are both owned by Waste Management, Incorporated, therefore, the agreement does not require participation of a third party; . The VWM proposal includes an option for long-term disposal and establishes a ceiling for future disposal costs; and . VWM will guarantee the terms of the agreement, including a 20 percent across the board rate reduction, for the remaining term of the existing franchise. REWEWEDAND RECOMMENDED FOR BOARD AcnON 7~ ROGER J. DOLAN osPaper#2/VWMDecrease .pp 1302A-7/91 DR PM ___...__.__.._._______"_..________.___e_______..._..'-.,------...-..,~. ESTABLISH REFUSE COLLECTION RATE DECREASE FOR VALLEY WASTE MANAGEMENT EFFECTIVE OCTOBER 1, 1 994 SUBJECT PAGE DATE 2 OF 10 November 1, 1 994 The BFI proposal appears to be less advantageous because: . The cost savings would be somewhat less than the VWM proposal; . The cost savings are in part dependent on future County actions; . Neither the cost savings estimates nor the rate reductions are guaranteed; and . Past arrangements with Acme/BFI have had unanticipated results including litigation with Acme. The RSS proposal appears to be less advantageous because: . The cost savings would be less than the VWM proposal; . The cost savings are dependent upon cooperation between RSS, Garaventa Enterprises, and VWM; . A long-term option cannot be guaranteed because of the necessity for revisions to exiting permits and the need for new permits; and . Staff has received only brief letters describing some of the major terms and conditions of the agreement. With the Board's approval, the attached letter will be sent accepting the VWM proposal. A formal agreement providing for the long-term disposal option will come before the CCCSD Board for execution not later than December 15, 1994. The new rates reflecting the 20 percent reduction are attached as Exhibit A. Exhibit B is the schedule of special commercial greenwaste rates for large commercial accounts which were approved by the Board on May 19, 1994. These rates were not included in the current negotiations for waste disposal. The processing costs remain the same at $32 per ton, therefore the special commercial rates will remain the same through the end of the franchise agreement. RECOMMENDATION: The following actions are recommended: 1) Accept the VWM offer of October 13, 1994 2) Authorize sending attached letter of acceptance 3) Adopt Resolution establishing a 20 percent decrease in refuse collection rates effective October 1, 1994 and adopting the commercial greenwaste rates 4) Authorize staff to finalize long-term disposal option for future approval at a subsequent Board meeting 13028.7/91 ~,~--_.._.__._-------"'--'-- Central Contra Costa Sanitary District November 1, 1994 ROGER J. DOLAN General Manager Chief Engineer KENTON L. ALM Counsel for the District (510) 938-1430 JOYCE E. MURPHY Secretary of the District Mr. Desi Reno Division President and General Manager VALLEY WASTE MANAGEMENT P.O. Box 4007 Walnut Creek, CA 94596 Dear Mr. Reno: ACCEPTANCE OF VALLEY WASTE MANAGEMENT OFFER OF OCTOBER 13, 1994 This letter represents an acceptance of your offer set forth in your letters of September 30, 1994 and October 13, 1994 (Offer) for (1) the short term disposal proposal and cost reductions and (2) the long term disposal option (copies attached). Our acceptance is based on the action of the Central Contra Costa Sanitary District (CCCSD) Board of Directors on November 3, 1994. Our acceptance of the Offer is further premised on the clarifications set forth herein, which were presented to our Board of Directors on November 3, 1994, and which have been previously discussed with you. It is our intent to conclude the formal acceptance through execution of a formal document providing for the option for long term disposal at Altamont, consistent with the terms referred to above, and said option to be exercisable during 1995. All such efforts to finalize this agreement shall be concluded within the sixty (60) day period beginning October 13, 1994. The terms of acceptance of the Waste Management of Alameda County (WMAC), Waste Management Collection and Recycling, Inc. (WMCRI), and Valley Waste Management (VWM) Offer are as follows: 1 . CCCSD accepts the short term disposal proposal, specifically those provisions set forth in paragraphs 1, 2 and 3 of the short term disposal section contained in your October 13, 1 994 letter. 2. The Offer and this acceptance shall be interpreted to be an amendment of the existing franchise between the CCCSD and VWM dated March 1, 1986, entitled JOHN B. CLAUSEN WlUIAM C. DALTON BOARD OF DIRECTORS SUSAN McNULTY RAINEY Presidmt BARBARA D. HOCKE1T MARIO M. MENESlNI @ Recycled Paper Mr. Desi Reno Page 2 November 1, 1994 "Agreement for Collection, Removal and Disposal of Garbage Zone 2" , as assigned and amended, and shall operate as such only with regard to the setting of rates, and all other terms of the existing franchise agreement shall remain in full force and effect. 3. We accept the terms of WMAC and the WMCRI's offer, as modified herein, on the basis that VWM will provide a guaranteed 20% reduction in solid waste collection rates on a jurisdiction-wide basis for Central Contra Costa Solid Waste Authority (CCCSWA). 4. Pursuant to these terms, CCCSD has, by its action on November 3, 1994, reduced the current rates for solid waste collection by 20% effective October 1, 1994. This action effectuates the guaranteed rate reduction by setting the maximum rates to be charged by VWM during the remaining term of the existing franchise agreement with CCCSD, except as specifically set forth in paragraph 7(b) below. 5. The rates set on November 3, 1994, effective October 1, 1994, by CCCSD will remain the rates to be charged during the remaining term of the Franchise, and no re-setting of rates will be available to VWM to address circumstances such as underrealized revenues, increased costs, balancing account deficits, or demobilization at the end of the franchise term. No further rate-setting proceedings will be authorized under the franchise agreement unless one of the circumstances set forth in paragraph 7 below is present. 6. This acceptance is further conditioned upon the commitment by VWM that it will collect and remit to CCCSD on a quarterly basis the current $2.12 tipping fee per ton cost for the household hazardous waste program (HHW) for the territory within CCCSD. VWM will make no claim to CCCSD for compensation for this $2.12 household hazardous waste cost which is included in VWM's new rates as agreed upon herein. Likewise, the $.80 per ton for AS 939 fees which is currently being paid to the cities, and all litigation expenses of VWM and WMCRI incurred after December 31, 1994 and related to the Acme Landfill Corooration v. Althin CD Medical. Inc.. et al. action for the remaining period of the Franchise, are included as costs, and VWM and WMCRI are being compensated therefore under the terms of the Offer. As to Acme-related litigation expenses incurred by VWM or chargeable to VWM up through December 31, 1994, VWM shall continue to collect and remit to CCCSD monthly sums to cover such expenses. The impound account for such expenses shall not be further funded by VWM after receipt of the VWM payments through December 31, 1994. All other Contra Costa County fees, taxes and charges related to solid waste will not be the responsibility of VWM. 7. This acceptance is further conditioned upon the understanding that all operational costs including collection, transportation and disposal of the waste for all current collection and disposal programs being undertaken by VWM are incorporated in the Offer and contained within the guaranteed revenue reduction. Therefore, no Mr. Desi Reno Page 3 November 3, 1994 additional compensation shall be due to VWM, other than those maximum revenues provided for under the terms of this agreement, provided, however: (a) CCCSD may, at its option, reduce or increase rates further if federal, state, or local fees included in VWM's revenue requirements are reduced, or if, state, federal, or Contra Costa County fees not included in VWM's proposal are increased. (b) VWM may request a rate increase, in its discretion, if (1) VWM implements new programs at the direction of CCCSD or the CCCSWA; or (2) federal and state fees are increased at the Altamont Landfill (ALRRF); or (3) the fees for the HHW program are increased above current levels by Contra Costa County and consequently approved by CCCSD. 8. VWM shall provide indemnity with regard to the transportation to and disposal at Altamont (ALRRF) as set forth in Attachment A. By this agreement, all parties to this agreement acknowledge that the rates to be charged for the remainder of the Franchise are negotiated rates not subject to further review. The option for long term disposal at ALRRF should be prepared as soon as possible and presented to both parties for execution. Sincerely, r. Susan McNulty Rainey, Pr dent, Board CENTRAL CONTRA COSTA SANITARY ~Q- Desi Reno Division President and General Manager VALLEY WASTE MANAGEMENT ADS/Retcliff2/VWM.1tr ATTACHMENT A ~neral Indemnity Waste Management of Alameda County and Waste Management Collection and Recycling, Inc. Gointly, Company) shall indemnify, defend and hold harmless CCCSW A, its Member Agencies, and their respective officers, directors, employees, administrators, and agents Gointly, CCCSWA and its Representatives) from and against all liability, claims, demands, causes of action, liabilities, and expenses (including, for injury to and death of any person and damage to property, or contribution or indemnity claimed by third parties), and including attorneys' fees and costs, and any penalties, forfeitures, or fmes (collectively, "Losses"), caused solely or predominantly by: (1) the negligence or willful misconduct of Company, its officers, employees, agents, and/or subcontractors in performing services under this Agreement; (2) the material breach or failure of Company, its officers, employees, agents, and/or subcontractors to comply with the provisions of this Agreement, with applicable laws, including without limitation, Federal and State environmental laws and regulations, and/or applicable permits and licenses; and (3) the acts of Company, its officers, employees, agents and/or subcontractors in performing services under this Agreement for which strict liability is imposed on CCCSW A and/or its Representatives by law (including with limitation, Federal and State environmental laws such as the Comprehensive Environmental Response, Corporation and Liability Act (CERLCA) 42 U.S.C. ~~9601, et ~., the Resource Conservation and Recovery Act (RCRA) 42 U.S.C. ~~6901 et ~., and State of California hazardous waste laws and water quality acts). This indemnity is intended to operate as an indemnity under CERCLA, 42 U.S.C. ~9607(e). The foregoing indemnity shall not apply if the Losses were caused by: (1) the negligence or willful miscondl,lct of CCCSW A and/or its Representatives; or (2) the material breach or failure of CCCSW A and/or its Representatives to comply with the provisions of this Agreement, applicable laws, including, without limitation, the above environmental laws and regulations, and/or applicable permits and licenses. In circumstances where (a) CCCSW A and/or its Representatives, and (b) Company and/or its officers, employees, agents and/or subcontractors, are both adjudicated to be liable, jointly, and/or severally, to a third party based upon their own respective active negligence, or based upon their own respective other fault, this indemnity shall not apply. This limitation on the scope of indemnity has no application where CCCSW A and/or its Representatives are adjudicated to be only passively at fault, or where their liability to a third paJ;ty is based solely on principles of vicarious liability. Company agrees to and shall, upon demand by CCCSWA, at Company's sole cost and expense, defend (with attorneys acceptable to CCCSW A, whose approval shall not be unreasonably withheld) the CCCSW A and its Representatives against any Losses, whether alleged in any actions, suits or other proceedings, whether judicial, quasi-judicial or administrative in nature. This indemnity and duty to defend includes, but is not limited to, any claims or lawsuits asserted by Keller Canyon Landfill Company, Browning-Ferris Industries (BFI), or any of their subsidiaries of affiliates arising out of the delivery and disposal at ALRRF of wastes from CCCSWA or its member jurisdictions. The Company's duty to indemnify and defend shall survive the expiration or earlier termination of this Agreement. Central Contra Costa Sanitary District 5019 Imhoff Place, Martinez, California 94553-4392 - (510) 228-9500 · FAX: (510) 676-7211 November 1, 1994 ROGER J. DOLAN General Manager Chief Engineer KENTON L. ALM Counsel for the District (510) 938-1430 JOYCE E. MURPHY Secretary of the District Mr. Desi Reno Division President and General Manager VALLEY WASTE MANAGEMENT P.O. Box 4007 Walnut Creek, CA 94596 Dear Mr. Reno: ACCEPTANCE OF VALLEY WASTE MANAGEMENT OFFER OF OCTOBER 13, 1994 This letter represents an acceptance of your offer set forth in your letters of September 30, 1994 and October 13, 1994 (Offer) for (1) the short term disposal proposal and cost reductions and (2) the long term disposal option (copies attached). Our acceptance is based on the action of the Central Contra Costa Sanitary District (CCCSD) Board of Directors on November 3, 1994. Our acceptance of the Offer is further premised on the clarifications set forth herein, which were presented to our Board of Directors on November 3, 1994, and which have been previously discussed with you. It is our intent to conclude the formal acceptance through execution of a formal document providing for the option for long term disposal at Altamont, consistent with the terms referred to above, and said option to be exercisable during 1995. All such efforts to finalize this agreement shall be concluded within the sixty (60) day period beginning October 13, 1994. The terms of acceptance of the Waste Management of Alameda County (WMAC), Waste Management Collection and Recycling, Inc. (WMCRI), and Valley Waste Management (VWM) Offer are as follows: 1 . CCCSD accepts the short term disposal proposal, specifically those provisions set forth in paragraphs 1, 2 and 3 of the short term disposal section contained in your October 13, 1994 letter. 2. The Offer and this acceptance shall be interpreted to be an amendment of the existing franchise between the CCCSD and VWM dated March 1, 1986, entitled BOARD OF DIRECTORS JOHN B. CLAUSEN WIllIAM C. DALTON SUSAN McNULTY RAINEY President BARBARA D. HOCKE1T MARIO M. MENESINI * Recycled Paper Mr. Desi Reno Page 2 November 1, 1994 "Agreement for Collection, Removal and Disposal of Garbage Zone 2", as assigned and amended, and shall operate as such only with regard to the setting of rates, and all other terms of the existing franchise agreement shall remain in full force and effect. 3. We accept the terms of WMAC and the WMCRI's offer, as modified herein, on the basis that VWM will provide a guaranteed 20% reduction in solid waste collection rates on a jurisdiction-wide basis for Central Contra Costa Solid Waste Authority (CCCSWA). 4. Pursuant to these terms, CCCSD has, by its action on November 3, 1994, reduced the current rates for solid waste collection by 20% effective October 1, 1994. This action effectuates the guaranteed rate reduction by setting the maximum rates to be charged by VWM during the remaining term of the existing franchise agreement with CCCSD, except as specifically set forth in paragraph 7(b) below. 5. The rates set on November 3, 1994, effective October 1, 1994, by CCCSD will remain the rates to be charged during the remaining term of the Franchise, and no re-setting of rates will be available to VWM to address circumstances such as underrealized revenues, increased costs, balancing account deficits, or demobilization atthe end of the franchise term. No further rate-setting proceedings will be authorized under the franchise agreement unless one of the circumstances set forth in paragraph 7 below is present. 6. This acceptance is further conditioned upon the commitment by VWM that it will collect and remit to CCCSD on a quarterly basis the current $2.12 tipping fee per ton cost for the household hazardous waste program (HHW) for the territory within CCCSD. VWM will make no claim to CCCSD for compensation for this $2.12 household hazardous waste cost which is included in VWM's new rates as agreed upon herein. Likewise, the $.80 per ton for AS 939 fees which is currently being paid to the cities and all costs associated with the payment by VWM and WMCRI of litigation expenses related to the Acme Landfill Corooration v. Althin CD Medical. Inc.. et al. action incurred to date and for the remaining period of the Franchise are included as costs, and VWM and WMCRI are being compensated therefore under the terms of the Offer. All other Contra Costa County fees, taxes and charges related to solid waste will not be the responsibility of VWM. 7. This acceptance is further conditioned upon the understanding that all operational costs including collection, transportation and disposal of the waste for all current collection and disposal programs being undertaken by VWM are incorporated in the Offer and contained within the guaranteed revenue reduction. Therefore, no Mr. Desi Reno Page 3 November 1, 1994 additional compensation shall be due to VWM, other than those maximum revenues provided for under the terms of this agreement, provided, however: (a) CCCSD may, at its option, reduce or increase rates further if federal, state, or local fees included in VWM's revenue requirements are reduced, or if, state, federal, or Contra Costa County fees not included in VWM's proposal are increased. (b) VWM may request a rate increase, in its discretion, if (1) VWM implements new programs at the direction of CCCSD or the CCCSW A; or (2) federal and state fees are increased at the Altamont Landfill (ALRRF); or (3) the fees for the HHW program are increased above current levels by Contra Costa County and consequently approved by CCCSD. 8. CCCSD and VWM shall provide indemnity with regard to the transportation to and disposal at Altamont (ALRRF) as set forth in Attachment A. By this agreement, all parties to this agreement acknowledge that the rates to be charged for the remainder of the Franchise are negotiated rates not subject to further review. The option for long term disposal at ALRRF should be prepared as soon as possible and presented to both parties for execution. Sincerely, Susan McNulty Rainey, President, Board of Directors CENTRAL CONTRA COSTA SANITARY DISTRICT Oesi Reno Division President and General Manager VALLEY WASTE MANAGEMENT ADS/Ratcllff2NWM.ltr RESOLUTION NO. 94- A RESOLUTION AFFIRMING THE ESTABLISHMENT OF NEW RATES FOR REFUSE COLLECTION FOR VALLEY WASTE MANAGEMENT WITHIN THE AREAS COVERED BY THE CCCSD FRANCHISE EFFECTIVE OCTOBER 1, 1 994 WHEREAS, Chapter 8.08 of the Code of the Central Contra Costa Sanitary District provides that the Board shall, from time to time, establish by resolution, rates for refuse collection in the respective zones as established in Section 8.08.010 of said Code; and WHEREAS, extensive negotiations were conducted by staff; WHEREAS, On October 13, 1994, the CCCSWA Board endorsed a proposal by Valley Waste Management for the transport and disposal of waste at the Altamont Landfill resulting in a 20 percent rate reduction (see Exhibit A); WHEREAS, this 20 percent reduction does not affect the special commercial greenwaste rates for large' commercial accounts (see Exhibit B) which will remain unchanged from rates authorized by the Board on May 19, 1994; NOW, THEREFORE, BE IT RESOLVED: THAT, the new schedule of rates for refuse collection to be effective October 1, 1994, within the areas covered by the CCCSD franchise, which was established on November 3, 1994 be affirmed; the schedule of rates is shown on the attached Exhibits A and B. PASSED AND ADOPTED this 3rd day of November 1994, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: ABSENT: Members: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Aim District Counsel ADS/Pos Paper#3NWMGarb.Res