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Home My WebLink AboutAGENDA BACKUP 07-18-91 Cblltral Contra Costa Sanh".dY District BOARD OF DIRECTORS 1:.IIIII~::::~::::::~::::::::;::~]II!IIII!II!I! BOARD MEETING OF SUBJECT PAGE 1 OF 6 July 18, 1991 NO. 3. HEARINGS a. DATE July 15, 1991 CONSIDER RESPONSIVENESS OF WOODS CONSTRUCTION'S BID FOR THE CAMINO AMIGO SEWER PROJECT, LID 58, D.P. 4800 TYPE OF ACTION CONSIDER RESPONSIVENESS SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPTJDIV. Engineering Department/Construction Division ISSUE: The Board of Directors' approval is required to reject as non-responsive bids which vary materially from the contract specifications. BACKGROUND: The issue which is before the Board of Directors in this matter is the responsiveness of bids. A responsive bid is a bid which conforms substantially with the conditions and requirements of the specifications. The responsiveness of the bid of Woods Construction is in question. The Camino Amigo Sewer Project, District Project 4800, consists of the installation of approximately 1,900 feet of 8-inch sewer main in Camino Amigo between Del Amigo Road and Hartford Road in Danville. Exhibit A shows the location of proposed sewer. Bids for this project were originally received on May 29, 1991. The Board of Directors, at its meeting on June 13, 1991, rejected all of these bids because of excessive bid irregularities and because all bids exceeded the engineer's estimate for the project. Plans and specifications for the Camino Amigo Sewer Project were revised by Mr. David Hop, consulting engineer, and the project was re-advertised on June 14 and June 19, 1991. The engineer's pre-bid estimate for the construction contract was $149,576. Fifteen bids ranging from $140,388.00 to $198,120.96 were received on July 2,1991. A summary of bids is presented on Exhibit B. The Engineering Department evaluated the responsiveness of the bids. It was found that the bid of Woods Construction, the apparent low bidder, contained the following variances. . Woods Construction did not complete the "Bidder's Statement of Financial Responsibility, Technical Ability and Experience" in accordance with the Instruction to Bidders. . The proposal from Contractor to District contained an arithmetical error. A quantity of four manholes was multiplied times a unit price of $1,500. A result of $4,500 was written on the proposal. This error was corrected by staff for purposes of comparison of bids. /if( ECOMMENDED FOR BOARD ACTION 1302A-7/91 DH JSM KLA RAB INITIATING DEPTJDIV. ~ SUBJECT :::'__1'11_11::::111111 CONSIDER RESPONSIVENESS OF WOODS CONSTRUCTION'S BID FOR THE CAMINO AMIGO SEWER PROJECT, LID 58, D.P. 4800 PAGE DATE 2 OF 6 July 15, 1991 With respect to the first variance, the Instructions to Bidders required that bidders submit a statement substantially in accordance with the Proposal Forms. The forms required the statement to include a description of work similar to that anticipated in the Camino Amigo Project which the bidder had previously completed. The forms also specifically required descriptions of completed jobs involving 1,000 feet of sewer main with contract amounts above $40,000. Woods Construction listed two projects in its statement with its bid, both of which are yet to begin. In essence, Woods Construction submitted no information in accordance with the requirements in the Proposal Forms. Staff considered that this omission was a material variance from the specifications and that the bid may be non-responsive. A bidder whose bid is considered by staff to contain material variances may submit documentation in a manner defined by the District, to address the issue of responsiveness of its bid. Accordingly, Woods Construction was requested to provide additional documentation regarding the responsiveness of its bid. Additional documentation was provided but contained no description of past work completed by Woods Construction which is of a character similar to that anticipated. Experience has been an important aspect of past projects at the District especially in the areas of adequate staffing, ability to deal with unforeseen circumstances, ability to do work in a timely manner, processing of change orders and billings, and other administrative work. In past projects, actions by contractors who have been deficient in the above areas have resulted in increased costs to the projects, claims, and failure to perform contract work on time. After discussing this issue of experience with Mr. Woods, staff has concluded that there is a reasonable likelihood that the inexperience may lead to increased costs to the LID, delays or other difficulties in completing the work. The Board will establish the amount of the bonds for the LID later in this meeting. If cost overruns occur during the project and the total costs for the LID exceed the fixed amount of the bonds, either the District or the LID participants will be responsible to pay for these excess costs. The LID participants will have the opportunity to protest any assessment increases resulting from these excess costs through hearing and court processes. Staff, therefore, has concluded that the omission of the listing of specific past experience, as referenced above, from the bid documents is material and the bid is non- responsive. The Board of Directors has the following two options to consider: 1. Declare the bid of Woods Construction to be non-responsive; or 2. declare the bid of Woods Construction to be responsive. 13028-7/91 SUBJECT II:IIIIIIIIIIII:IIIIIIIII! CONSIDER RESPONSIVENESS OF WOODS CONSTRUCTION'S BID FOR THE CAMINO AMIGO SEWER PROJECT, LID 58, D.P. 4800 PAGE DATE 3 OF 6 July 15, 1991 Prior to considering what action to take, it is appropriate for the Board to conduct a responsiveness hearing to receive information from interested parties. Woods Construction representatives have been informed of the hearing, and staff's conclusion, and have been invited to submit further materials regarding the issue of responsiveness. The award of contract for this project will be considered in a separate position paper on this agenda. RECOMMENDATIONS: 1 . Conduct a responsiveness hearing on the bid submitted by Woods Construction, Inc. 2. Reject the bid of Woods Construction, Inc., as being non-responsive due to a material variance. 13028-7/91 BOUNDARY LOCA TI ON MAP NOT TO SCALE ~ .4 = SIGNED PETITION ~~~~Ifft = L.I.D. BOUNDARY EXHIBIT "A" ~ <(-0 o ~(j ~ {vv <) CAMINO AMIGO ASSESSMENT DISTR1CT LOCAL IMPROVEMENT DISTRICT NO.58 DANV IlLE AREA. Central-':ontra Costa Sanit~ry District SUMMARY OF BI&lS EXHI BIT B PROJECT NO. 4800 - CAMINO AMIGO LID 58 DATE 7/2/91 ENGR. EST. $ 149,576 LOCATION CAMINO AMIGO, DANVILLE, CA <V BIDDER (Name, telephone & address) BID PRICE 1 Woods Construction ( ) $ 2718:Pacheco Street, San Francisco 94116 140,388 2 Joe Foster Excavating, Inc. ( ) $ P. O. Box 2631. Livermore CA 94551-2631 146,920 3 Powers Construction Co. ( ) $ 148,933 P. O. Box 909, Camino 95709 - 4 Tri-Synetics Industries, Inc. ( ) $ P. O. Box 2996, Danville 94526 149,160 CA - 5 Harty Pipelines, Inc. ( ) $ 4085 19th Avenue, San Francisco, 94132 149,269 6 Floyd Johnston Construction Co. ( ) $ P.O. Box 1087, Brentwood CA 94513 152,645 7 D'Arcy & Harty Construction ( ) $ 425 Monterey Blvd., San Francisco 94127 153,820 8 Jardin Pipeline, Inc. ( ) $ 2315 Dunn Road, Hayward 94545 156,685 --- 9 Manuel Jardim, Inc. ( ) $ P. O. Box 677, Union City 94587 160,255 I-- 10 Mountain Cascade, Inc. ( ) $ P.O. Box 116, San Ramon 94583 164,000 - 11 Emsco ( ) $ 9009 Railroad Avenue, Oakland 94603 168.861 12 MJB Pipeline, Inc. ( ) $ P. O. Box 192, Mt. Eden 94557 170.031 a: PREPARED BY v--- \ R.~_tA'L,' DATE 7-2 -91 SHEET NO. I OF Z. PROJECT NO. Centra'~ontra Costa Sanit~ry District SUMMARY DF BIDS CAMINO AMIGO LID 58 Page 2 EXHIBIT B 4800 DATE ENGRoEST.$ 7/2/91 LOCATION CAMINO AMIGO, DANVILLE, CA 149,576 a: 'w BIDDER (Name, telephone 8. address) BID PRICE 13 William McCullouqh Company ( ) $ 177 ,400 POBox 2119, Antioch 94531-2119 . 14 Lewis & Tibbitts, Inc. ( ) $ 42700 Boyce Road, Fremont 94538 181,382 15 L. J. Krzich Pipeline Co. ( ) $ 326 Phelan Avenue. San Jose 95112 198,120 96 ( ) $ ( ) $ ( ) $ ( ) $ ( ) $ ( ) $ ( ) $ ( ) $ ( ) $ PREPARED BY . ~ ( ~L'c.' DATE 7 - 29/ SHEET NO. Z OF z... Cbr1tral Contra Costa SaniLdry District BOARD OF DIRECTORS 1.11111.1111111111111111 BOARD MEETING OF SUBJECT PAGE 1 OF 9 NO. 3. HEARINGS b. DATJuly 12, 1 991 CONTINUE THE PROCESS TO ESTABLISH LOCAL IMPROVEMENT DISTRICT 58 (LID 58): CONDUCT A PUBLIC HEARING, APPROVE AN AMENDED ENGINEER'S REPORT AND ASSESSMENTS, AND AWARD A CONTRACT TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER ~efflfi6ef PUBLIC HEARING, ADOPT RESOLUTIONS, AWARD CONTRACT SUBMITTED BY Dennis Hall Associate En ineer INITIATING DEPTJDIV. Engineering Department! Construction Division ISSUE: A public hearing must be conducted to consider testimony regarding the Resolution of Intention and the engineer's report for LID 58 and any other comments from the public relating to LID 58. The Board may then approve, modify, or disapprove the engineer's report and assessments and, if these are approved, award a construction contract. Appropriate resolutions must be adopted for each action. BACKGROUND: A group of 26 property owners living on Camino Amigo in the Town of Danville have petitioned the District to form a LID for the purpose of financing and constructing a public sewer system which will benefit their properties. The proposed sewer includes approximately 1,900 feet of 8-inch sewer main which will serve the proponents' 26 existing properties with the potential to provide sewer connections to 5 other properties also located within the proposed LID boundary. The 31 properties, which were annexed to the District in early 1990, all have existing homes. A map showing the proposed LID boundary and the proposed sewer location is attached as Exhibit A. The Board formally initiated LID proceedings on July 12, 1990, by accepting the property owners' petitions, approving the assessment district boundary map, approving agreements for legal and engineering services, and requesting jurisdiction from the Town of Danville to conduct assessment proceedings. On April 18, 1991, the Board of Directors accepted the engineer's report, called for construction bids on May 29, 1991, adopted a Resolution of Intention to order improvements, and set a public hearing for June 13, 1991. After review of 14 bids received on May 29, 1991, ranging from $159,703 to $347,016, staff recommended to the Board at their June 13 Board meeting, that all bids be rejected because of excessive bid irregularities and because all bids exceeded the engineer's pre-bid construction cost estimate of $149,576 for the project. After proper notice the project was re-bid. The Notice to Contractors inviting bids was published on June 14 and 1 9, 1 991. On July 2, 1991, 15 bids were received ranging from $140,388 to $198,120.96. The original pre-bid construction cost estimate of $149,576 was used for the second bidding process for three interrelated reasons. First, after the first set of bids was received, the original estimate was reviewed and found to be low. Second, the project design was changed for the second REVIEWED AND RECOMMENDED FOR BOARD ACTION RAB ~f 1302A-7/91 DH 9I/f JSM fI1iJ INITIATING DEPTJDIV. SUBJ~~NTINUE THE PROCESS TO ESTABLISH LOCAL IMPROVEMENTliIIIIIIIi:Jill!:::I:llllllli DISTRICT 58 (LID 58): CONDUCT A PUBLIC HEARING, APPROVE AN AMENDED ENGINEER'S REPORT AND ASSESSMENTS, AND AWARD A CONTRACT TO THE LOWEST DATE RESPONSIVE AND RESPONSIBLE BIDDER PAGE 2 OF 9 July 12, 1991 bidding process and this change was anticipated to result in lower bids. The effect of these first two reasons would tend to offset each other. Third, the $149,576 estimated cost figure appears in the Engineer's Report which was accepted by the Board on April 18, 1991. A summary of the bids received on July 2, 1991, is shown on Exhibit B. The Construction Division staff conducted an evaluation of the bids and has concluded that the lowest responsive and responsible bidder is Joe Foster Excavating, Inc. whose bid is in the amount of $146,920. The LID engineer; Mr. David Hop, has filed an amended engineer's report incorporating the lowest responsive bid amount in place of the pre-bid construction cost estimate contained in the original engineer's report. In an item listed previously on this agenda, the Board will consider the responsiveness of the bid of the apparent low bidder, Woods Construction. If the Board determines that Woods Construction is a responsive and responsible bidder, the award of the construction contract will be made to Woods Construction. A Post-Bid Preconstruction Cost Estimate, based on the bid of Joe Foster Excavating, Inc., is presented in Exhibit C. The total estimated project cost is $254,658. Funds previously authorized were $12,000. An additional allocation of $242,658 is required to complete the project, including the construction contract, construction management, and consultant services during construction. All costs anticipated by the District for LID 58 appear in this cost estimate and will be reimbursed by assessment district funds upon completion and Board acceptance of the project. In order to continue the process for LID 58, the following actions are now necessary. 1. Conduct a Public Hearing to consider public testimony on the Resolution of Intention and the amended engineer's report. 2. If, at the close of the hearing, the Board finds that protests are insufficient, the following resolutions may be considered and passed: a. Resolution overruling protests b. Resolutions approving the amended engineer's report, assessments, and ordering improvement c. Resolution authorizing award of a contract to lowest responsible bidder d. Resolution authorizing approval of change orders 13028-7/91 SUBJECT CONTINUE THE PROCESS TO ESTABLISH LOCAL IMPROVEMENT DISTRICT 58 (LID 58): CONDUCT A PUBLIC HEARING, APPROVE AN AMENDED ENGINEER'S REPORT AND ASSESSMENTS, AND AWARD A CONTRACT TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER ii Illill!lIliiiiiill!1 I I Iii PAGE DATE 3 OF 9 July 12, 1991 3. If at the close of the hearing the Board finds that there is a majority protest (if the owners of more than 50 percent of the land area within the LID boundaries oppose the formation of the LID), one of the following actions must be taken: a. Overrule majority protest (minimum .four/fifths vote required), and approve resolutions a. through d. under Item 2 above; or b. Terminate assessment district proceedings. A public hearing is required to consider testimony on the engineer's report and any other comments by those wishing to speak. After the hearing, the District must decide to formally approve or not approve the LID as proposed, approve the assessments, or make modifications as deemed necessary. The Board may also award the construction contract to the lowest responsive and responsible bidder, reject all bids, or hold the award over to a later date. The Board must also decide the manner in which assessments of property owners opposed to the LID are allocated. The District has three options in establishing the allocation of the assessments: Option 1. Owners of parcels opposed to the LID would be included in the LID and all owners would be required to pay their own assessment. Under this option, all properties would be assessed like amounts. Option 2. The assessments of property owners opposed to the LID would be spread over the parcels owned by those in favor of the LID. The owners opposed would pay a rebate at time of connection, with the proceeds distributed equally to all LID proponents who paid assessments. Option 3. The assessment for all owners opposed to the LID would be paid by the District. The District would collect an equalization fee at time of connection which would be retained by the Sanitary District. The District's past practice in LID 56 and 57 was to allocate assessments as proposed in Option No.1. All costs are borne by property owners benefiting from the LID and the burdensome procedures required to administer and distribute rebate monies would not be required. Staff recommends Option No. 1 for LID 58 and that option has been used to allocate the assessments which are shown in the amended engineer's report. 13028-7/91 ~-,---------"~---_._._---~-----~---_..__....~--_..__...,,,--_._- -. ._-,-----~------ SUBJ~~NTINUE THE PROCESS TO ESTABLISH LOCAL IMPROVEMENT 11:111111111111::1111111111111 DISTRICT 58 (LID 58): CONDUCT A PUBLIC HEARING, APPROVE AN AMENDED ENGINEER'S REPORT AND ASSESSMENTS, AND AWARD A CONTRACT TO THE LOWEST DATE RESPONSIVE AND RESPONSIBLE BIDDER PAGE 4 OF 9 July 12, 1991 The LID 58 bonds will not be sold until after the Board approves the sale which is scheduled for the September 5, 1991, Board meeting. This timing is required because of the statutory 30 day "cash payment period" for property owners who wish to pay their assessments in lump sum, rather than on a yearly basis over the life of the bonds. The actual funds will be received approximately two weeks after the Board approves the sale and issuance of the bonds. Exhibit D shows the status of Board actions required to complete LID 58. RECOMMENDATION: If a majority protest is not filed, staff recommends that the Board of Directors take the following action: . Conduct public hearing. . Adopt a resolution overruling protests. . Adopt resolutions approving the amended engineer's report, assessments, and ordering improvement. . Adopt a resolution awarding a construction contract to the lowest responsive and responsible bidder. . Adopt a resolution authorizing approval of change orders. 1302B-7/91 SUBJECT 1:11111111111":':lllllllil: CONTINUE THE PROCESS TO ESTABLISH LOCAL IMPROVEMEN'................... DISTRICT 58 (LID 58): CONDUCT A PUBLIC HEARING, APPROVE AN AMENDED ENGINEER'S REPORT AND ASSESSMENTS, AND AWARD A CONTRACT TO THE LOWEST DATE RESPONSIVE AND RESPONSIBLE BIDDER PAGE 2 OF 9 Jul y 12. 1991 bidding process and this change was anticipated to result in lower bids. The effect of these first two reasons would tend to offset each other. Third, the $149,576 estimated cost figure appears in the Engineer's Report which was accepted by the Board on April 18, 1991. A summary of the bids received on July 2, 1991, is shown on Exhibit B. The Construction Division staff conducted an evaluation of the bids and has concluded that the lowest responsive and responsible bidder is Joe Foster Excavating, Inc. whose bid is in the amount of $146,920. The LID engineer; Mr. David Hop, has filed an amended engineer's report incorporating the lowest responsive bid amount in place of the pre-bid construction cost estimate contained in the original engineer's report. In an item listed previously on this agenda, the Board will consider the responsiveness of the bid of the 'apparent low bidder, Woods Construction. If the Board determines that Woods Construction is a responsive and responsible bidder, the award of the construction contract will be made to Woods Construction. A Post-Bid Preconstruction Cost Estimate, based on the bid of Joe Foster Excavating, Inc., is presented in Exhibit C. The total estimated project cost is $254,658. Funds previously authorized were $12,000. An additional allocation of $242,658 is required to complete the project, including the construction contract, construction management, and consultant services during construction. All costs anticipated by the District for LID 58 appear in this cost estimate and will be reimbursed by assessment district funds upon completion and Board acceptance of the project. In order to continue the process for LID 58, the following actions are now necessary. 1 . Conduct a Public Hearing to consider public testimony on the Resolution of Intention and the amended engineer's report. 2. If, at the close of the hearing, the Board finds that protests are insufficient, the following resolutions may be considered and passed: a. Resolution overruling protests b. Resolutions approving the amended engineer's report, assessments, and ordering improvement c. Resolution authorizing award of a contract to lowest responsible bidder d. Resolution authorizing approval of change orders 13028-7/91 ....-I.. .----=._..1I.....r-:...___ .......... IUI. I .111 11 ... ".1I~ Allf. ..-I;j,oI1 ,..-1.11111 '-l:o.f~ 11~~rl 111IIio:~"-1 Trl SU&J~~NTINUE THE PROCESS TO ESTABLISH LOCAL IMPROVEMENT :::11111111111:1:1:111111 DISTRICT 58 (LID 58): CONDUCT A PUBLIC HEARING, APPROVE AN AMENDED ENGINEER'S REPORT AND PAGE 4 OF 9 ASSESSMENTS, AND AWARD A CONTRACT TO THE LOWEST DATE RESPONSIVE AND RESPONSIBLE BIDDER July 12, 1991 The LID 58 bonds will not be sold until after the Board approves the sale which is scheduled for the September 5, 1991, Board meeting. This timing is required because of the statutory 30 day "cash payment period" for property owners who wish to pay their assessments in lump sum, rather than on a yearly basis over the life of the bonds. The actual funds will be received approximately two weeks after the Board approves the sale and issuance of the bonds. Exhibit D shows the status of Board actions required to complete LID 58. RECOMMENDATION: If a majority protest is not filed, staff recommends that the Board of Directors take the following action: . Conduct public hearing. . Adopt a resolution overruling protests. . Adopt resolutions approving the amended engineer's report, assessments, and ordering improvement. . Adopt a resolution awarding a construction contract to the lowest responsive and responsible bidder. . Adopt a resolution authorizing approval of change orders. 13028-7/91 BOUNDARY LOCA TI ON MAP NOT TO SCALE ~ .... = SIGNED PETITION \1111 = L.I.D. BOUNDARY EXHIBIT "A" ,!?,Q <{-.O o ~0 ~ ~v <:) CAMINO AMIGO ASSESSMENT DISTRICT LOCAL IMPROVEMENT DISTRICT NO.58 DANVILLE AREA Centra~~ontra Costa Sanit~~y District SUMMARY DF BIDS EXHIBIT B PROJECT NO. 4800 - CAMINO AMIGO LID 58 DATE 7/2/91 ENGR. EST. $ 149,576 LOCATION CAMINO AMIGO, DANVILLE, CA It W BIDDER (Name, telephone & address) .ID PRICE 1 Woods Construction ( ) $ 2718 Pacheco Street, San Francisco 94116 140,388 2 Joe Foster Excavating, Inc. ( ) $ P. O. Box 2631. Livermore CA 94551-2631 146,920 3 Powers Construction Co. ( ) $ 148,933 P.O. Box 909, Camino 95709 - 4 Tri-Synetics Industries, Inc. ( ) $ Box 2996, Danville 94526 149,160 P. O. CA """- 5 Harty Pipelines, Inc. ( ) $ 4085 19th Avenue, San Francisco, 94132 149,269 - 6 Floyd Johnston Construction Co. ( ) $ P. O. Box 1087, Brentwood CA 94513 152,645 ~ 7 D1Arcy & Harty Construction ( ) $ 425 Monterey Blvd., San Francisco 94127 153,820 I-- 8 Jardin Pipeline, Inc. ( ) $ 2315 Dunn Road, Hayward 9454.5 156.685 ....- 9 Manuel Jardim, Inc. ( ) $ P. O. Box 677, Union City 94587 160,255 - 10 Mountain Cascade, Inc. ( ) $ P. O. Box 116, San Ramon 94583 164,000 - 11 Emsco ( ) $ 9009 Railroad Avenue, Oakl and 94603 168.861 12 MJB Pipeline, Inc. ( ) $ P. O. Box 192, Mt. Eden 94557 17 0 . 031 PREPARED BY 1;:>-- \ \S..J....G. DATE 7-2. -9/ SHEET NO. / OF l. PROJECT NO. Centra"-~ontra Costa Sanit.~"y District SUMMARY OF BIDS CAMINO AMIGO LID 58 Pa ge 2 EXHIBIT B DATE ENGR.EST.$ 7/2/91 4800 LOCATION CAMINO AMIGO, DANVILLE, CA 149,576 II W BIDDER (Name, telephone & address) 81D PRICE 13 William McCullouqh Company ( ) $ 177 ,400 POBox 2119, Antioch 94531-2119 - 14 Lewis & Tibbitts, Inc. ( ) $ 42700 Boyce Road, Fremont 94538 181,382 - 15 L. J. Krzich Pipeline Co. ( ) $ 326 Phelan Avenue, San Jose 95112 198,120 96 I-- ( ) $ ~ ( ) $ - ( ) $ ( ) $ ( ) $ ( ) $ ( ) $ ( ) $ ( ) $ PREPARED BY ~ ( &-(,~ DATE 7- 291 SHEET NO. Z OF z... EXHIBIT C POST BID - PRECONSTRUCT ION ESTIMATE OF COSTS FOR LID 58 ITEM DESCRIPTION 1. Construction Contract (As Bid) 2. Estimated Construction contingencies - 12.5% 3. Total Construction Cost 4. Est. Construction Incidentals to Project Completion Engineering Survey (Const. Staking) Inspection Contract Administration Outside Testing/Geotechnical Support Legal Miscellaneous Total Est. Const. Incidentals 5. Future Incidental Costs - Lid Proceedings and Bond Counsel, Fiscal Agency Fees, Bond Printing, Misc. Cost of Proceedings, Bond Reserve, Bond Discount Total Future Incidental Costs 6. Pre-Bid Expenditures (District) Survey, Plan Review, Printing, Soils Review, Legal Pre-Bid Expenditures (Engineer of Work - David B. Hop) Engineering and Assessment 7. Total Preconstruct ion Expenditures (as of 7/17/91) 8. Total Estimated Project Cost (Items 3,4,5,& 7) 9. Funds Previously Authorized 10. Total Additional Funds Required to Complete Project (Item 8 minus Item 9) ITEM % CONST AMOUNT TOTAL CONTRACT $1,000 4,000 8,000 3,000 2,500 3,000 1. 500 $33,373 $15,000 18.000 $33,000 $146,920 18.365 $165,285 100% $ 23,000 13.9% $33,373 ~ $ 33,000 20% $254,658 $ 12,000 $242,658 EXHIBIT D BOARD ACTIONS REQUIRED FOR FORMATION OF LID 58 (CAMINO AMIGO SEWER PROJECT) 1 . Adopt a Resolution accepting petitions. Completed 2. Adopt a Resolution approving a proposed boundary Completed map. 3. Adopt a Resolution requesting consent to conduct Completed assessment proceedings from the city of Lafayette. 4. Adopt a Resolution approving agreement for legal Completed services with the Bond Counsel. (Sturgis, Ness, Brunsell, Sperry) 5. Adopt a Resolution approving agreement for Completed engineer's services with the LID engineer. (David B. Hop) 6. Adopt a Resolution of Intention to order Completed improvements. 7. Adopt a Resolution accepting the engineer's Completed report for the LID and setting the hearing date for receiving public testimony on the LID. 8. Adopt a Resolution calling for construction Completed bids. 9. Hold a Public Hearing; adopt Resolution overruling Subject of this protests, adopt Resolutions approving the amended Position Paper engineer's report, assessment spreads, and ordering improvement. 10. Adopt a Resolution awarding the construction Subject of this contract. Position Paper 11 . Adopt a Resolution authorizing approval of Subject of this change orders. Position Paper 12. Adopt a Resolution determining assessments Scheduled for remaining unpaid. 9/5/91 13. Adopt a Resolution ordering the sale of bonds. Scheduled for 9/5/91 14. Adopt a Resolution ordering the issuance of Scheduled for bonds. 9/5/91 PAGE 1 OF 17 July 18, 1991 NO. 3. HEARINGS c. DATE Jul 12 1991 TYPE OF ACTION SUBJECT CONDUCT PUBLIC HEARINGS TO CONSIDER THE APPLICA- TIONS FOR REFUSE COLLECTION RATE INCREASES SUBMITTED BY VALLEY WASTE MANAGEMENT AND ORINDA- MORAGA DISPOSAL SERVICE, INC., AND TO ESTABLISH REFUSE COLLECTION . RATES EFFECTIVE JULY 1, 1991 CONDUCT PUBLIC HEARINGS SUBMITTED BY INITIATING DEPTJOIV. Walter Funasaki, Finance Officer Administrative/Finance & Accounting ISSUE: Public hearings will be conducted on July 18, 1991 to consider the applications for rate increases submitted by two of the three refuse collection companies franchised by the District, and to establish the refuse collection rates effective July 1, 1991. BACKGROUND: Applications for increases in refuse collection rates effective July 1, 1 991 were submitted by Valley Waste Management and Orinda-Moraga Disposal Service, Inc. District staff analyses of the rate applications have been provided to the Board of Directors, the refuse collectors, and the affected cities of Lafayette, Danville, Orinda, and Moraga. Written or public comments from the city councils were requested for the Board's consideration during the public hearings. The staff analyses of the applications for increases in refuse collection rates were reviewed at the July 8, 1991 Board Workshop. As a result of Board discussion, the computation of the Allowable Profit is being revised by incrementing the profit per customer base year value by the Consumer Price Index for the rate-setting year. Therefore, a revised computation of Allowable Profit, the rate adjustment percentage which results, and the new schedule of collection rates are presented on the following attachments. The attachment in the District staff analysis which is thereby revised is referenced in parenthesis. Vallev Waste Manaaement Attachment A - Rate Adjustment Analysis (Attachment V, page 1 of 6). As a result of incrementing the profit per customer base year value by the Consumer Price Index (CPI) for April 1990-April 1991 of 3.9 percent, Allowable Profit was increased from $473,000 to $491,000. Consequently, the Percent Increase in Revenue Required increased from 15.78 percent to 15.92 percent, and 13.32 percent to 13.46 percent, under the respective alternatives of including, or excluding, Intercompany Charges. Attachment B - Computation of Allowable Profit (Attachment V, page 2 of 6). The profit per customer base year value of $11.87 is incremented to $12.33 by the CPI, and the profit, after application of the modification factors, increased from $9.59 to $9.96. As a result, Allowable Profit increased from $473,000 to $491,000. REVIEWED AND RElJOMMENDED FOR BOARD ACTION INITIATING DEPTJDIV. ) E SUBJECT CONDUCT PUBLIC HEARINGS TO CONSIDER THE APPLICA- TIONS FOR REFUSE COLLECTION RATE INCREASES SUBMITTED BY VALLEY WASTE MANAGEMENT AND ORINDA- MORAGA DISPOSAL SERVICE, INC., AND TO ESTABLISH REFUSE COLLECTION RATES EFFECTIVE JULY 1, 1991 ................................................................................... ::illlillllllii!i!illlilll!iii PAGE 2 OF 17 DATE July 12, 1991 Attachment C - Schedule of Current, Requested, and Computed Collection Rates (Intercompany Charges Allowed) (Attachment VI, page 1 of 2). The schedule of collection rates computed on the basis of the revised 15.92 percent increase, described under Attachment A above, is presented. Attachment D - Schedule of Current, Requested, and Computed Collection Rates (Intercompany Charges Disallowed) ( Attachment VI, page 2 of 2). The schedule of collection rates computed on the basis of the revised 13.46 percent increase, described under Attachment A above, is presented. Attachment E - Forecasted Income Statement for Fiscal Year Ending June 30, 1992 (Attachment I). The forecasted revenue has been revised from $14,599,000 to the $14,641,000 Total Revenue Required computed on Attachment A. Attachment F - Forecasted Revenue and Expenses for Fiscal Year Ending June 30, 1992 (Attachment II, page 1 of 5). The forecasted revenue of $14,599,000 on the two-page summary of revenues and expenses in the District staff analysis has been revised to $14,641,000, as computed on Attachment A. Orinda-Moraaa Disoosal Service. Inc. Attachment A - Rate Adjustment Calculation (Attachment V, page 1 of 5). As a result of incrementing the profit per customer base year value by the CPI of 3.9 percent, Allowable Profit was increased from $66,000 to $72,000. Consequently, the Percent Increase in Revenue Required increased from 1 .31 percent to 1.43 percent. Attachment B - Computation of Allowable Profit (Attachment V, page 2 of 5). The profit per customer base year value of $11.87 is incremented to $12.33 by the CPI, and the profit, after application of the Quality of Service modification factor of 1 .05 and Cost of Service modification factor of .75, increased from $9.35 to $9.71. As a result, Allowable Profit, increased from $150,000 to $156,000. 13028-7/91 SUBJECT CONDUCT PUBLIC HEARINGS TO CONSIDER THE APPLICA- TIONS FOR REFUSE COLLECTION RATE INCREASES SUBMITTED BY VALLEY WASTE MANAGEMENT AND ORINDA- MORAGA DISPOSAL SERVICE, INC., AND TO ESTABLISH REFUSE COLLECTION RATES EFFECTIVE JULY 1, 1 991 :1111111111!111:::IIIIIIII: PAGE 3 DATE OF 17 July 12, 1991 Since the modification factors were selected and rates calculated in preparation for the July 8, 1991 Board Workshop, District staff has learned that Orinda-Moraga Disposal Service has not implemented commercial recycling and is not prepared to implement expansion of the residential recycling program to include HOPE and tin cans, as required by the Board. Continuation of this unresponsiveness can result in causing the District and the cities to be in violation of AB 939 recycling requirements. The unresponsiveness of the franchisee would have caused the staff to reduce the Quality of Service modification factor to, say, .95; however, it is proposed that the Orinda-Moraga Disposal Service spokesperson be heard on this subject prior to making a final decision as to the appropriate factor. Attachment C - Schedule of Current, Requested, and Computed Collection Rates - Zone 1 (Attachment VI, page 1 of 4). The schedule of collection rates for the City of Orinda computed on the basis of the revised 1.43 percent increase, described under Attachment A above, is presented. Attachment 0 - Schedule of Current, Requested, and Computed Collection Rates - Zone 1 A (Attachment VI, page 3 of 4). The schedule of collection rates for the Town of Moraga computed on the basis of the revised 1.43 percent increase, described under Attachment A above, is presented. Attachment E - Forecasted Income Statement for Fiscal Year Ending June 30, 1992 (Attachment I). The forecasted revenue has been revised from $5,093,000 to the $5,099,000 Total Revenue Required computed on Attachment A. Attachment F - Forecasted Revenue and Expenses for Fiscal Year Ending June 30, 1992 (Attachment II, page 1 of 5). The forecasted revenue of $15,093,000 on the two-page summary of revenues and expenses in the District staff analysis has been revised to $5,099,000, as computed on Attachment A. Notices of the public hearings were published in the Contra Costa Times, San Ramon Valley Times, and the Tri Valley Herald on July 8 and 17, 1991; notices were published in the Contra Costa Sun on June 3 and 17, 1 991 . RECOMMENDATION: Conduct public hearings on July 18, 1991 to consider the applications for refuse collection rate increases submitted by Valley Waste Management and Orinda-Moraga Disposal Service, Inc., and establish collection rates effective July 1, 1991. 13028-7/91 ADS/PP#3/PH-VWM&O.pp en ^ ^ ~ I W m o;t M N M 0 ~ ~ a:~ .- .- Wa: Lt') " CO m N M 1-<( m M N M m o;t M , V , V , ZI M o;t M .q c::( enU .- .- .- .- +-> W:> 0- t: Oz Q) E :::::><( ~ ..Jo.. u U~ Itl ~o +-> +-> c::( U ^ ~ en m o;t M M .- M .- ~ ~ ,W a:~ .- Lt') ...... ...... m N o;t N wa: m M N N o;t .- CO , ..j , V , en 1-<( M o;t o;t en ~I .- .- .- .- 9'"" enU 0- , 0 W:> M Oz ....enW :::::><( ..Ja.. Z-z U~ Wen:J :E~'" Zo W<(c.::J U c.::JZZ_ <(<(CO Z....ZW <(ZWI- en :EWa:!:: w w:E<(~ ~ ........wO cr. enen>O <(en <(:J....O I.... ~d<(O Uen w ><(~- :>0 en wW- ZU <( :j....u. ~W w <(<(0 ~~ .... cr. >a:w Z U .... oen z en uO :::::> <( , ..J 0 W (.) cr.u U I- 0 w w U <( ........ w a: zen en <( cr. cr. 0 -0 W ~ I- :::::> u. 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W .J:l 0 0..<( U 0 0 w :::::> U Co ..J ..J a: d a: (,!) ..J ..J W W -- <( <( a: a.. en C <( VALLEY WASTE MANAGEMENT Computation of Allowable Profit Forecasted Fiscal Year Ending June 30, 1992 EQUIVALENT UNITS YEAR RESIDENTIAL CUSTOMERS AVERAGE TOTAL NUMBER OF ANNUAL REVENUES CUSTOMERS REVENUE TOTAL ALL REVENUES 1992 $ 7,422,000 $12,630,000 28,977 $256 PROFIT PER RESIDENTIAL CUSTOMER EQUIVALENT UNIT FOR 1990-1991 BASE YEAR CONSUMER PRICE INDEX (APRIL 1990-APRIL 1991 = 3.9%) $11.87 x 1.039 = MODIFICATION FACTORS: QUALITY OF SERVICE COST OF SERVICE COMPOSITE MODIFICATION FACTOR: .95 X .85 = .95 .85 COMPUTATION OF ALLOWABLE PROFIT 1991-1992 FORECASTED RESIDENTIAL CUSTOMER EQUIVALENT UNITS PROFIT PER RESIDENTIAL CUSTOMER EQUIVALENT UNIT ALLOWABLE PROFIT Attachment B RESIDENTIAL CUSTOMER EQUIVALENT UNITS 49,336 $ 11.87 $ 12.33 .8075 $ 9.96 $ 49,336 9.96 $491 ,000 VALLEY WASTE MANAGEMENT Attachment C FRANCHISE ZONES 2, 4 AND 5 SCHEDULE OF CURRENT REQUESTED AND COMPUTED COLLECTION RATES (Intercompany Charges Allowed) Staff Uniform C~ted Rate Current Reguested Rates Phase in Uniform Rates Rates (15.92X) Year 2 Rate ---------- -------- --------- ----------- ------------ RESIDENTIAL SERVICE: 1 32-gal. can weekly * S 16.90 21.05 19.60 18.00 17.15 2 32-gal. can weekly * 27.10 33.75 31.40 33.35 34.35 3 32-gal. can weekly * 37.30 46.50 43.25 48.75 51.50 4 32-gal. can weekly * 47.55 59.25 55.10 64.15 68.70 5 32-gal. can weekly * 57.75 71 .95 66.95 79.55 85.85 6 32-gal. can weekly * 68.00 84.75 78.85 94.95 103.00 7 32-gal. can weekly * 78.20 97.45 90.65 110.35 120.20 8 32-gal. can weekly * 88.40 110.15 102.45 125.75 137.35 Each additional can--non-regular 4.20 5.25 4.85 4.85 4.85 (rr pick-up) 20.50 25.55 23.75 22.05 21.25 1 can weekly - Specia service (hilly) areas 30.70 38.25 35.60 37.45 38.40 2 can weekly - Special service 3 can weekly - Special service 40.95 51.00 47.45 52.85 55.55 4 can weekly - Special service 51.15 63.75 59.30 68.25 72.75 1 45 gal. can 31.35 39.05 36.35 29.30 25.75 2 can 49.30 61.45 57.15 53.40 51.50 1 supercart 39.40 49.10 45.65 49.55 51.50 1 supercart-Danville 36.30 45.25 42.10 46.35 48.50 1 can townhouse 15.40 19.20 17.85 16.45 15.70 2 can 25.65 31.95 29.75 31.85 32.90 3 can 38.85 48.40 45.05 47.25 50.05 MULTI-APARTMENT SERVICE: Each a~rtment weekly 15.10 18.80 17.50 Each ~itional can weekly 10.15 12.65 11.75 Each additional can - non r~ular 5.60 7.00 6.50 (per pic -up) COMMERCIAL SERVICE: One can weeklr 20.85 26.00 24.15 Each editiona can weekly 8.25 10.30 9.55 Each additional can -- 5.25 6.55 6.10 non-regular One Cubic Yard: One time per week 78.60 97.95 91.10 Two times per week 134.35 167.40 155.75 Three times per week 190.10 236.85 220.35 Four times per week 245.85 306.35 285.00 Five times per week 300.15 374.00 347.95 Two Cubic Yards: One time per week 134.35 167.40 155.75 Two times per week 245.85 306.35 285.00 Three times per week 357.35 445.25 414.25 Four times per week 468.95 584.30 543.60 Five times per week 580.35 723.10 672.75 Three Cubic YardS: One time per week 185.35 230.95 214.85 Two times per week 356.20 443.85 412.90 Three times per week 536.00 667.85 621.35 Four times per week 714.70 890.50 828.50 Five times per week 881.90 1098.85 1,022.30 Four Cubic Yards: One time per week 245.85 306.35 285.00 Two times per week 468.10 583.25 542.60 Three times per week 668.95 833.50 775.45 Four times per week 869.55 1083.45 1,008.00 Five times per week 1071.00 1334.45 1,241.50 Six Cubic Yards: One time per week 350.45 436.65 406.25 Two times per week 700.75 873.15 812.30 Three times per week 1027.75 1280.60 1,191.35 Four times per week 1366.45 1702.60 1,584.00 Five times per week 1705.15 2124.60 1,976.60 COMPACTED REFUSE SERVICE: Per cubic yard 27.30 34.00 31.65 DROP BOX SERVICE: Seven cubic yards (dirt and rocks) 255.15 317.90 295 . 75 Twenty cubic yards 255.15 317.90 295 . 75 Thirty cubic yards 382.70 476.85 443.65 Forty cubic yards 510.40 635.95 591.65 * Includes two 32-gallon cans of garden tri_ings per week and three refuse cleanups per year. VALLEY WASTE MANAGEMENT Attachment 0 FRANCHISE ZONES 2, 4 AND 5 SCHEDULE OF CURRENT REQUESTED AND COMPUTED COLLECTION RATES (Intercompany Charges Disallowed) Staff Uniform C~ted Rate Current R~sted Rates Phase in Uniform Rates ates (13.46") Year 2 Rate ---------- -------- --------- ----------- ------------ RESIDENTIAL SERVICE: 1 32-gal. can weekly * S 16.90 21.05 19.20 17.60 16.80 2 32-gal. can weekly * 27.10 33.75 30.75 32.65 33.60 3 32-gal. can weekly * 37.30 46.50 42.30 47.75 50.45 4 32-gal. can weekly * 47.55 59.25 53.95 62.80 67.25 5 32-gal. can weekly * 57.75 71 .95 65.50 77.85 84.05 6 32-gal. can weekly * 68.00 84.75 77.15 92.95 100.85 7 32-gal. can weekly * 78.20 97.45 88.75 108.00 117.65 8 32-gal. can weekly * 88.40 110.15 100.30 123.10 134.50 Each additional can--non-regular 4.20 5.25 4.75 4.75 4.75 1 can weekly - (rr piCk-up) 20.50 25.55 23.25 21.60 20.80 Specia service (hilly) areas 30.70 38.25 34.85 36.65 37.60 2 can weekly - Special service 3 can weekly - Special service 40.95 51.00 46.45 51.75 54.40 4 can weekly - Special service 51.15 63.75 58.05 66.80 71.20 1 45 gal. can 31.35 39.05 35.55 28.65 25.20 2 can 49.30 61.45 55.95 52.25 50.45 1 supercart 39.40 49.10 44.70 48.50 50.45 1 supercart-Danville 36.30 45.25 41.20 45.35 47.45 1 can townhouse 15.40 19.20 17.45 16.05 15.35 2 can 25.65 31.95 29.10 31.15 32.15 3 can 38.85 48.40 44.10 46.20 49.00 MULTI-APARTMENT SERVICE: Each apartment weekly 15.10 18.80 17.15 Each additional can weekly 10.15 12.65 11.50 Each additional can - non re~ular 5.60 7.00 6.35 (per pic -up) COMMERCIAL SERVICE: One can weeklr 20.85 26.00 23.65 Each editiona can weekly 8.25 10.30 9.35 Each additional can -- 5.25 6.55 5.95 non-regular One Cubic Yard: One time per week 78.60 97.95 89.20 Two times per week 134.35 167.40 152.45 Three times per week 190.10 236.85 215.70 Four times per week 245.85 306.35 278.95 Five times per week 300.15 374.00 340.55 Two Cubi c Yards: One time per week 134.35 167.40 152.45 Two times per week 245.85 306.35 278.95 Three times per week 357.35 445.25 405.45 Four times per week 468.95 584.30 532.10 Five times per week 580.35 723.10 658.50 Three Cubic Yards: one time per week 185.35 230.95 210.30 Two times per week 356.20 443.85 404. 15 Three times per week 536.00 667.85 608.15 Four times per week 714.70 890.50 810.90 Five times per week 881.90 1098.85 1,000.65 Four Cubic Yards: One time per week 245.85 306.35 278.95 Two times per week 468.10 583.25 531.10 Three times per week 668.95 833.50 759.00 Four times per week 869.55 1083.45 986.60 Five times per week 1071.00 1334.45 1,215.20 Six Cubic Yards: One time per week 350.45 436.65 397.65 Two times per week 700.75 873.15 795.10 Three times per week 1027.75 1280.60 1,166.10 Four times per week 1366.45 1702.60 1,550.40 Five times per week 1705.15 2124.60 1,934.70 COMPACTED REFUSE SERVICE: Per cubic yard 27.30 34.00 31.00 DROP BOX SERVICE: Seven cubic yards 255.15 317.90 289.50 (dirt and rocks) Twenty cubi c yards 255.15 317.90 289.50 Thirty cubic yards 382.70 476.85 434.20 Forty cubic yards 510.40 635.95 579.10 * Includes two 32-gallon cans of garden tri_ings per week and three refuse Cleanups per year. 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CII ...JW-,o ~o.:uoo.: "'0 0 .... .... > ~~~:;;: CII ! >~Q.""" 0.: Attachment A ORINDA-MORAGA DISPOSAL RATE ADJUSTMENT CALCULATION FORECASTED FISCAL YEAR ENDING JUNE 30, 1992 ALLOWABLE EXPENSES PER STAFF ANALYSIS, EXCLUDING CLOSURE AND POST-CLOSURE COSTS CAPITAL USE CHARGE TOTAL ALLOWABLE EXPENSES ALLOWABLE PROFIT REVENUE AND EXPENSE BALANCING ACCOUNT TOTAL REVENUE REQUIRED FORECASTED REVENUE WITHOUT RATE INCREASE REQUIRED REVENUE INCREASE PERCENT INCREASE IN REVENUE REQUIRED ADS/Garbage #3/0 MReteAd. cht $5,068,000 49,000 5, 1 1 7,000 156,000 < 174,000. > 5,099,000 5,027,000 $ 72,000 1.43% Attachment B ORINDA-MORAGA DISPOSAL SERVICE. INC. Computation of Allowable Profit Forecasted Fiscal year Ending June 30. 1992 EQUIVALENT UNITS RESIDENTIAL CUSTOMERS RESIDENTIAL AVERAGE CUSTOMER TOTAL NUMBER OF ANNUAL TOTAL ALL EQUIVALENT YEAR REVENUES CUSTOMERS REVENUE REVENUES UNITS 1992 $ 3,313,000 1 0,600 $313 $5,027,000 16,061 PROFIT PER RESIDENTIAL CUSTOMER EQUIVALENT UNIT FOR 1990-1991 BASE YEAR CONSUMER PRICE INDEX (APRIL 1990-APRIL 1991 = 3.9%) 11.87x 1.039 = MODIFICATION FACTORS: $ 11.87 $ 12.33 QUALITY OF SERVICE COST OF SERVICE COMPOSITE MODIFICATION FACTOR: 1.05 X .75 = 1.05 (1) .75 .7875 $ 9.71 COMPUTATION OF ALLOWABLE PROFIT 1991-1992 FORECASTED RESIDENTIAL CUSTOMER EQUIVALENT UNITS PROFIT PER RESIDENTIAL CUSTOMER EQUIVALENT UNIT ALLOWABLE PROFIT $ 16,061 9.71 $156,000 Footnote (1) Since this modification factor was selected and rates calculated in preparation for the July 8, 1991 Board Workshop, District staff has learned that Orinda-Moraga Disposal Service has not implemented commercial recycling and is not prepared to implement expansion of the residential recycling program to include HDPE and tin cans, as required by the Board. Continuation of this unresponsiveness can result in causing the District and the cities to be in violation of AB 939 recycling requirements. The unresponsiveness of the franchisee would have caused the staff to reduce the Quality of Service modification factor to, say, .95; however, it is proposed that the Orinda-Moraga Disposal Service spokesperson be heard on this subject prior to making a final decision as to the appropriate factor. ADS/Garbage#3/0MAIIPRO. Cht ORINDA-MORAGA DISPOSAL SERVICE, INC. FRANCHISE ZONE NO. 1 SCHEDULE OF CURRENT, REQUESTED, AND COMPUTED COLLECTION RATES Attachment C Page 1 of 2 Staff Uniform COIIp.It ed Rate Current Requested Rates Phase in Uni form Rates Rates 1.43X Year 2 Rate ------------ ----------- ----------- ----------- ----------- ORINDA - FULL SERVICE ----------------------------------- REGULAR SERVICE: 1 can S 20.00 23.35 20.30 18.65 17.80 2 can 32.15 37.55 32.60 34.65 35.65 3 can 44.35 51.75 45.00 50.60 53.45 4 can 56.50 65.95 57.30 66.60 71.30 5 can 68.70 80.15 69.70 82.65 89.10 6 can 80.85 94.35 82.00 98.60 106.90 One can - Senior Citizen 17.00 19.85 17.25 15.65 14.80 Extra can on route 4.25 4.90 4.30 4.30 4.30 Special pick-up - 1 can 12.05 14.10 12.20 12.20 12.20 Special pick-up - each add'l can 4.25 4.95 4.30 4.30 4.30 MINIPACKER SERVICE: 1 can 27.05 31.60 27.45 25.15 24.00 2 can 39.25 45.80 39.80 41.15 41.85 3 can 51.40 60.00 52.15 57.15 59.65 4 can 63.60 74.25 64.50 73.15 77.45 ODD SERVICE: 1-45 gal. can 25.30 27.30 25.65 26.35 26.75 1-45 gal. can and 1-32 gal. 37.45 40.10 38.00 42.35 44.55 1-45 gal. can and 2-32 9al. 49.65 57.95 50.35 58.35 62.35 4-45 gal. can 70.45 82.25 71.45 95.10 106.90 COMMERCIAL SERVICE: One can weekly 24.30 28.40 24.65 Each additional can weekly 10.20 11.90 10.35 MULTI-APARTMENT SERVICE: Per unit per week 15.35 17.90 15.55 Each additional pick-up per week 2.45 2.85 2.50 COMPACTED REFUSE SERVICE: Per cubic yard 29.85 34.85 30.30 BULK SERVICE: ONE YARD: Once per week 89.75 104.80 91.05 Twice per week 157.20 183.50 159.45 Three times per week 224.05 261.55 227.25 Four times per week 290.95 339.65 295.10 Five times per week 358.40 418.35 363.55 TWO YARD: Once per week 157.20 183.50 159.45 Twice per week 290.95 339.65 295.10 Three times per week 425.35 496.45 431.45 Four times per week 559.55 653.15 567.55 Five times per week 694.15 810.30 704.10 SPECIAL: One yard 17.90 20.90 18.15 Two yards 35.90 41.90 36.40 ORINDA-MORAGA DISPOSAL SERVICE, INC. FRANCHISE ZONE NO. 1 SCHEDULE OF CURRENT, REQUESTED, AND COMPUTED COLLECTION RATES Attachment C Page 2 of 2 Staff Uniform CClqlUted Rate Current Requested Rates Phase in Uniform Rates Rates 1 .43" Year 2 Rates --.-..------- ----------- ----------- ----------- ---..------- DROP BOX SERVICE: Twenty cubic yards $ 296.05 345.50 300.30 Five yards - dirt and concrete 296.05 345.50 300.30 Sixteen yard school box ** 236.80 276.40 240.20 ORINDA - NO BRUSH SERVICE ----------------------------------- REGULAR SERVICE: 1 can 17.00 19.85 17.25 15.85 15.10 2 can 29.15 34.05 29.55 31.80 32.95 3 can 41.35 48.25 41.95 47.80 50.75 1 can-Senior Citizen 15.50 18.10 15.70 14.35 13.60 MINIPACKER SERVICE: 1 can 24.10 28.15 24.45 22.35 21.30 2 can 36.25 42.35 36.75 38.35 39.15 3 can 48.40 56.55 49.10 54.35 56.95 4 can 60.60 70.75 61.45 70.35 74.75 1-45 gal. can 25.45 29.55 25.80 29.90 31.95 1-45 and 1-32 gal. can 39.05 43.70 39.60 48.70 53.25 * Includes one 32-gallon can of garden trimmings per week and three refuse cleanups per year ** A charge of $27.35 per week applies for each week not serviced ORINDA-MORAGA DISPOSAL SERVICE, INC. FRANCHISE ZONE NO. 1A SCHEDULE OF CURRENT, REQUESTED, AND COMPUTED COLLECTION RATES Attachment D Page 1 of 2 Staff Uniform CClq)Uted Rate Current Requested Rates Phase in Uniform Rates Rates 1.43X Year 2 Rate ------------ ----------- ----------- ----------- ........-------- MORAGA - FULL SERVICE ----------------------------------- REGULAR SERVICE:* 1 can S 17.95 20.95 18.20 16.80 16.10 2 can 28.80 33.60 29.20 31.20 32.15 3 can 39.60 46.25 40.15 45.55 48.25 4 can 50.45 58.90 51.15 59.95 64.30 5 can 61.25 71.55 62.15 74.30 80.40 6 can 72.10 84.20 73.15 88.70 96.50 Extra can on route 4.25 4.95 4.30 4.30 4.30 Special pick-up - 1 can 12.05 14.05 12.20 12.20 12.20 Special pick-up - each add'l can 4.25 4.95 4.30 4.30 4.30 MINIPACKER SERVICE: 1 can 26.65 31.10 27.05 24.80 23.70 2 can 37.50 43.75 38.05 39.20 39.75 3 can 48.30 56.40 49.00 53.55 55.85 4 can 59.15 69.05 60.00 67.95 71.95 5 can 70.00 81.70 71.00 82.35 88.00 ODD SERVICE: One can - 45 gal. 23.40 27.30 23.75 24.00 24.10 One can - 1/45 and 1/32 gal. cans 34.35 40.10 34.85 38.40 40.20 One can - 1/45 and 2/32 9al. cans 45.15 52.70 45.80 52.80 56.30 COMMERCIAL SERVICE: One can week l y 24.30 28.35 24.65 Each additional can weekly 10.20 11.90 10.35 MULTI-APARTMENT SERVICE: Per uni t per week 15.35 17.90 15.55 Each additional pick-up per week 2.45 2.85 2.50 COMPACTED REFUSE SERVICE: Per cubic yard 29.85 34.85 30.30 BULK SERVICE: ONE YARD: Once per week 89.75 104.80 91.05 Twice per week 157.20 183.50 159.45 Three times per week 224.05 261.55 227.25 Four times per week 290.95 339.65 295.10 Five times per week 358.40 418.35 363.55 TWO YARD: Once per week 157.20 183.50 159.45 Twi ce per week 290.95 339.65 295.10 Three times per week 425.30 496.45 431.40 Four times per week 559.55 653.15 567.55 Five times per week 694.15 810.30 704.10 SPECIAL One yard 17.90 20.90 18.15 Two yards 35.90 41.90 36.40 ORINDA-MORAGA DISPOSAL SERVICE, INC. FRANCHISE ZONE NO. 1A SCHEDULE OF CURRENT, REQUESTED, AND COMPUTED COLLECTION RATES Attachment D Page 2 of 2 Staff Uniform C~ted Rate Current Requested Rates Phase in Uniform Rates Rates 1.431 Year 2 Rate ------------ ----------- ----------- ----------- ----------- DROP BOX SERVICE: Twenty cubic yards $ 296.05 345.50 300.30 Five yards - dirt and concrete 296.05 345.50 300.30 Sixteen yard school box ** 236.80 276.40 240.20 MORAGA - NO BRUSH SERVICE ----------------------------------- REGULAR SERVICE: 1 can 15.35 17.90 15.55 14.35 13.75 2 can 26.20 30.55 26.55 28.75 29.80 3 can 37.00 43.20 37.55 43.10 45.90 ODD SERVICE: 2-45 gal. can-small truck 37.45 43.70 38.00 36.35 35.55 * Includes one 32-gallon can of garden trimmings per week and three refuse cleanups per year ** A charge of $27.35 per week applies for each week not serviced i .... ... .... 0 ",,,,-o.aoN,,,,,, N ~ U . .,;.;~.;..o~O" . w 0 ", N '0 :I M N _'" - +> ..... .. .. s::: 4oU~ Q) 3~e E .... ..c . .... .... .... .... i';: ~ ;:!l(l~~"'~~~ N g N 8 Ie ~ u '" ..... n:l ....u _..... 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QI Ill: o ~ ~ o ~ III .... o .... PAGE 1 OF 2 NO. 4. CONSENT CALENDAR C. DATE APPROVE AND EXECUTE GRANT OF EASEMENT AGREEMENT WITH CONTRA COSTA COUNTY, JOB 4836, PARCEL 1, DANVILLE AREA APPROVE & EXECUTE EASEMENT AGREEMENT SUBMmED BY Dennis Hall Associate En ineer INITIATING DEPTJDIV. Engineering Department/ Construction Division ISSUE: The subject easement is required for the offsite sewer system for proposed Subdivision 7623 which is being developed by Summerhill Development Company. BACKGROUND: The offsite sewer system for Subdivision 7623 must cross county property to connect to the existing sewer on the northeast side of the former Southern Pacific Railroad Right of Way. The county purchased a portion of the railroad property for use as a future transportation corridor. The county's plans for their property include the possible construction of a light rail commuter service. The terms of the easement agreement are intended to protect the county's projected uses of their land while permitting the sewer installation. The District and the county have executed similar agreements in the past. This project has been evaluated by staff and determined to be exempt from the California Environmental Ouality Act (CEOA) under District CEOA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. Board of Directors' approval of this project will constitute agreement with this determination unless otherwise indicated. RECOMMENDATION: Approve a Grant of Easement Agreement with Contra Costa County, Job 4836, Parcel 1, authorize the President of the Board of Directors and the Secretary of the District to execute said Grant of Easement and forward said agreement to the county for its action. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-7/91 ~ DH ;t1 fJRN INITIATING DEPTJDIV. JSM ~,.RAB ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~..o ~-?o ~~ %~ ~~ ~ \fy ~ .r;(\ \ ~~ ~ ~ ' ~ "=? '~ ~ ~ <"',to ~ ~(ffi dl I\!!j:. .-<) ~ ~ .~ ~ ~ ~ ~~./ ~ ~ ~ ~ o~ ~ ~ ~ ~ ~ ~ ($) ACCEPT SEWER EASEMENT JOB 4836 PARCEL 1 DANVILLE AREA PAGE 1 OF 2 SUBJECT NO. 4. CONSENT CALENDAR d. DATE July 8, 1991 QUITCLAIM DISTRICT INTEREST IN AN UNRECORDED AGREEMENT WITH SOUTHERN PACIFIC RAILROAD COMPANY, JOB 1379, NORTH CONCORD AREA TYPE OF ACTION QUITCLAIM INTEREST N RAILROAD CROSSING AGREEMENT SUBMmED BY Dennis Hall, Associate Engineer INITIATING DEPTJOIV. Engineering Department/Construction Division ISSUE: Rail Pacific, Inc., the new owner of a portion of the old Southern Pacific Railroad Right of Way, has requested the District to quitclaim its interest in the subject agreement. BACKGROUND: The subject agreement was executed in 1967 and provided rights for the District to install a sewer pipeline across the railroad right of way. A 39-inch trunk sewer was installed shortly after the agreement was executed. In 1975 the original sewer was replaced to accommodate the widening of State Highway 4. The original sewer was abandoned in place and the replacement sewer was installed in the northern frontage road known as Arnold Industrial Way. The original pipeline is no longer in service and the agreement can now be quitclaimed. The property owner has paid the District's processing fee. This project has been evaluated by staff and has been determined to be exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.6, since it involves a minor alteration of land use limitations. Board of Directors' approval of this project will constitute agreement with this determination unless otherwise indicated. RECOMMENDATION: Approve Quitclaim Deed to Rail Pacific, Inc., Job 1379, authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deed, and authorize the Quitclaim Deed to be recorded. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-7/91 DH JSM RAB INITIATING DEPTJOIV. ~tf yI~ ~ \ ~\ - .~-- . -- \ --- -- \ /1.11.11---- \ --- \....---.... \ ~ ~~~ ~ s€ c~~~~ .." ~\..~ \\~€ 39 ,,,,. \~o\l .c,.1I\.~. c ....--....- .......:.~. ~."...c. ~....". /""" .~... ....-:;[... "/""" .,0" t\ f~~~~~~ ~ ~ <1> ,., ~~ ~J-'... .:;:..t~-f/: .~ \ \ \ \ ~ ." (" ., c;. T y ....... / So 6 / \ \. QUITCLAIM AGREEMENT S.PoR.R. CROSSING JOB 1379 - CONCORD AREA PAGE 1 OF 1 ACCEPT CONTRACT WORK FOR INSTALLATION OF THE DECHLORINATION INJECTION ACCESS BRIDGE, DISTRICT PROJECT No. 10071, AND AUTHORIZE FILING OF NOTICE OF COMPLETION NO. 4. CONSENT CALENDAR e. DATE JUly 9,1991 SUBJECT TYPE OF ACTION CONSENT CALENDAR SUBMITTED BY Ba T. Than, Assistant Engineer INITIATING DEPTJDIV. Plant Operations Department ISSUE: Construction has been completed on the installation of the Dechlorination Injection Access Bridge project, District Project No.1 0071, and the work is ready for acceptance. BACKGROUND: The Plant Operations Department currently injects sulfur dioxide for dechlorination into the outfall line at the northeast corner of Basin C. The Outfall Line Rehabilitation project installed a manhole-type structure on the outfall to protect the injection equipment. Access to this equipment is hazardous when Basin C is full and difficult at other times. The Engineering Group of the Plant Maintenance Division recognized the need to provide safe, year-round access to the dechlorination equipment. This access idea was also submitted by other District employees as a part of the Safety Suggestion program. This project installed a foot traffic rated, cantilever bridge from the basin levee near the dechlorination building to the sulfur dioxide injection manhole structure. The Dechlorination Injection Access Bridge was included in the 1990-91 Capital Improvement Budget on page TP46. The contract was awarded to the lowest responsible bidder, Valentine Corporation, on January 11, 1991. The contractor was issued a Notice to Proceed on February 1, 1991. All work was completed on July 1, 1991. It is appropriate to accept the contract work at this time. Valentine Corporation's original construction contract was for $47,869. There was one change order issued on the project at $2,075. A detailed accounting of the projects cost will be provided to the Board of Directors at the time of project close out. RECOMMENDATION: Accept the contract work for the installation of the Dechlorination Injection Access Bridge Project, District Project No. 10071, and authorize filing of the Notice of Completion. f>lT INITIATING DEPTJDIV. 1302A-7/91 BTT . Centra~ ':ontra Costa Sanitary ~istrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF July 18, 1991 NO. SUBJECT 4. CONSENT CALENDAR f. DATE June 26, 1991 AUTHORIZE LEAVE OF ABSENCE WITHOUT PAY FOR MICHAEL PLANT, MAINTENANCE CREW MEMBER I, FROM JULY 29,1991 TO SEPTEMBER 29, 1991 TYPE OF ACTION AUTHORIZE LEAVE SUBMITTED BY Bob Mowers INITIATING DEPT./DIV. Collection System Operations ISSUE: Board approval is required for an employee leave of absence without pay for longer than 30 working days. BACKGROUND: Michael Plant, Maintenance Crew Member I in the Collection System Operations Department, has requested that he be allowed to take a two month leave of absence without pay for personal reasons starting July 29, 1991. Staff has reviewed this situation and it supports this request as being in the best interest of the District. RECOMMENDATION: Authorize leave of absence without pay for Michael Plant from July 29, 1991 to September 29, 1991. REVIEWED AND RECOMMENDED FOR BOARD ACTION JAL INITIATING DEPT./DIV. 1302A-9/85 s/11 RSM rJ/-J,(/ ~ Central Contra Costa Sanitary District ~ BOARD OF DIRECTORS 111111111111::::::111111111111 BOARD MEETING OF July 18, 1991 I PAGE 1 OF 8 NO. 4. CONSENT CALENDAR g. SUBJECT DATE AUTHORIZE EXECUTION OF A SEPARATE DEFERRED COMPENSATION PLAN AGREEMENT WITH GREAT WESTERN BANK FOR PART-TIME, SEASONAL AND TEMPORARY EMPLOYEES Julv 12, 1991 TYPE OF ACTION AUTHORIZE EXECUTING AGREEMENT SUBMmED BY INITIATING DEPTJDIV. Walter N. Funasaki, Finance Officer Administrative/Finance and Accounting ISSUE: In response to new Internal Revenue Service requirements, a separate Deferred Compensation Plan agreement with Great Western Bank covering temporary employees is proposed for execution. BACKGROUND: On April 10, 1991, the Department of the Treasury and the Internal Revenue Service (IRS) released proposed regulations under a new law that mandates participation in the Social Security System for public sector employees who are not members of a retirement system. Part-time, temporary, and seasonal employees who are not participating in a retirement system made available through their employers must be covered under the Social Security System or other retirement plan. The proposed regulations take effect after July 1, 1991. Temporary, part-time and seasonal employees, and participants in the Trainee Program and Student Co-op Program, who are employed by the District, are not currently included in either the District's retirement system or Deferred Compensation Plan and are, therefore, subject to the new requirement. Participation in a Section 457 Deferred Compensation Plan in which at least 7.5 percent of compensation is paid into the employee's account by the employee and/or employer would meet the requirement for membership in a retirement system. All presently employed part-time, seasonal, temporary, trainee, and Co-op Program employees who are subject to the new IRS requirement, have elected to participate in a separate Deferred Compensation Plan in which contributions meeting the minimum 7.5 percent requirement will be made exlusively by payroll withholding. The contributions will be retained by the Plan administrator, Great Western Bank, in an account which will earn interest based on the yield for 90-Day Treasury Bills plus twenty-five basis points, adjusted quarterly. As required by the new law, participants must be immediately and fully vested, and all contributions may be withdrawn by the employee upon termination, transferred to the District's existing Deferred Compensation Plan for full-time employees if full-time status is subsequently achieved, or retained in the Plan. New temporary employees will be required to participate in the separate Deferred Compensation Plan as a condition of employment. An agreement with Great Western Bank to administer the separate Deferred Compensation Plan for non-full-time employees is attached. As final IRS regulations have not yet been issued, subsequent modification to the agreement may be necessary. RECOMMENDATION: Authorize execution of a separate Deferred Compensation Plan agreement with Great Western Bank for part-time, seasonal, and temporary employees. REVIEWED AND RECOMMENDED FOR BOARD ACTION INIT.I.ATING DEPT.lDIV... ( I~ &!zda~-ttC._j' (~[C~ A 1302A-7/91 WNF PM ADS/PP#2/DefComp.pp '-~ (1J.HI:F ENG ~ ROGERJ.DOLAN FICA - SUBSTITUTE DEFERRED COMPENSATION PLAN AGREEMENT This Agreement is effective this 1st day of July 1991, by and between GREAT WESTERN BANK, a Federal Savings Bank, hereinafter referred to as GREAT WESTERN, and the CENTRAL CONTRA COSTA SANITARY DISTRICT hereinafter referred to as AGENCY. WHEREAS, AGENCY, pursuant to and in compliance wi th Sections 3121(b) (7) (F) and 457(b) of the Internal Revenue Code of 1986, has established a Deferred Compensation Plan, hereinafter referred to as PLAN; and WHEREAS, AGENCY desires to utilize GREAT WESTERN in the performance of certain services in connection with the administration of the PLAN; and WHEREAS, GREAT WESTERN desires to provide such services subject to the terms and conditions set forth herein; Now therefore, AGENCY and GREAT WESTERN agree as follows: 1. TERM: This Agreement shall remain in effect for a period of one year from the effective date hereof, and shall not be terminated prior to that time except for "Cause" as that term is hereinafter defined. For purposes of this Agreement, the term "Cause" shall mean the failure of either party to perform any or all of its obligations as defined herein. The non-defaUlting party shall give the defaulting party written notice which shall specify the particulars of the default. If such default is not cured within sixty (60) days from the end of the month in which notice of default is given, the non-defaulting party may terminate the Agreement effective thirty (30) days after the end of the sixty (60) day period. For purposes of this Agreement, "Contract Year" shall mean the period of time between the effective date of the Contract, and the same day of the month in each succeeding year; the first Contract Year, however, shall be extended, if necessary in order to ensure that every Contract Year will end on the last day of a calendar month. Notwithstanding the above, this Agreement may be terminated by either party, with or without "Cause" as that term may be defined herein, upon the giving of ninety (90) days written notice to the other party. 2. FUNDING: AGENCY may fund this Agreement by forwarding participant deferrals to GREAT WESTERN at such times as it may see fit. 1 3. TERMINATION: Upon the effective date of termination of this Agreement, other than for Cause as defined above, the following shall occur: a. GREAT WESTERN shall issue reports to AGENCY detailing the status of PLAN assets no later than twenty (20) business days after the end of the month in which termination becomes effective. b. AGENCY may request liquidation and withdrawal of PLAN assets. If termination is for Cause, GREAT WESTERN shall disburse those funds deposited in GREAT WESTERN, within thirty (30) days of the effective date of termination. If termination is due to non-renewal of this Agreement, GREAT WESTERN shall disburse those funds deposited in Great Western Savings, not subject to penalty for early withdrawal, within ninety (90) days of the effective date of termination. 4. DEFERRALS: The minimum participant deferral per pay period shall be not less than $1.00. AGENCY agrees to: a. Cause appropriate deductions to be made from such payroll(s) as may be applicable. b. Send by check or wire transfer the amount of the total deductions to: Great Western Bank Deferred Compensation Department P.O. Box 6350 Northridge, California 91328 or to such other facility or in such other manner as may be mutually agreed upon between GREAT WESTERN and AGENCY. c. Provide, in such form as agreed upon by AGENCY and GREAT WESTERN, a deferral listing with respect to participant sub-accounts to include not less than the following: 1. Name of Participant 2. Social Security Number of participant 3. Amount to be credited to participant's sub-account(s) 2 GREAT WESTERN agrees to: d. Establish a sub-account for each participant. e. Credit the amounts sent by AGENCY to the sub-account(s) of the various participants. f. Funds invested in the option described herein as "GWBIA" will accrue interest as of the date of receipt by GREAT WESTERN. 5. RECORD KEEPING AND REPORTS: GREAT WESTERN agrees to furnish AGENCY, no later than twenty (20) days following the end of each month and each quarter a report regarding the status of the PLAN containing the following information: a. Each participant's name b. Each participant's Social Security Number c. Each participant's sub-account number d. Deposits credited to each sub-account during the period e. withdrawals from each sub-account during the period f. Interest/Earnings credited to each sub-account during the period g. Total value of each sub-account h. Summary totals of the PLAN GREAT WESTERN agrees to provide quarterly statements to participants in the PLAN, no later than twenty (20) days following the end of each calendar quarter. Each statement shall identify the transactions which have occurred in the participant's sub-account at the beginning and the end of the preceding quarter. GREAT WESTERN agrees to maintain the records necessary to produce the above mentioned reports, and agrees that all records shall be the property of AGENCY and that, in the event this Agreement is terminated for any reason, GREAT WESTERN will provide AGENCY a copy of such records, in hard copy or such other form as mutually agreed upon between GREAT WESTERN and AGENCY, within ninety (90) days after the effective date of termination. AGENCY agrees that all related computer tapes, discs and programs shall remain the property of GREAT WESTERN. GREAT WESTERN agrees that all information supplied to and all work processed or completed by GREAT WESTERN shall be held to be confidential and will not be disclosed to anyone other than AGENCY except as required by law. 6. DISTRIBUTIONS: Upon receipt of authorized written instructions from AGENCY, in such form and with such authorization as mutually agreed upon by GREAT WESTERN and AGENCY, GREAT WESTERN agrees to process the paYment of benefits to participants and beneficiaries in accordance with 3 PLAN. Distribution requests received by the last business day of the current month will be processed on or before the last business day of the following month. The above notwithstanding, GREAT WESTERN will cooperate with AGENCY to not unreasonably delay distribution requests in conjunction with "emergency withdrawals", as defined in the PLAN. GREAT WESTERN agrees to withhold appropriate Federal and State income taxes, according to instructions set forth on form W-4 completed by the participant, to remit such withholdings to proper taxing authorities, and to issue net funds to participant (s) or benef iciary (ies) in accordance wi th instructions on the Distribution Request Form. GREAT WESTERN agrees to perform required monthly, quarterly and annual reporting of withholdings to appropriate taxing authorities. GREAT WESTERN agrees to issue appropriate annual wage and tax statements to those participants and beneficiaries who received distribution(s) during the preceding year and to retain a copy of such information on file for the period required by law. GREAT WESTERN agrees to provide AGENCY a monthly report of all disbursements made during the previous month. 7. INVESTMENT VEHICLES: GREAT WESTERN agrees to provide the herein described services for AGENCY with the following investment vehicles. Great Western Bank Indexed Account ("GWBIA"). The investment vehicle identified as GWBIA shall be savings accounts with GREAT WESTERN. Each such account shall be subject to rules, regulations and statutes to which GREAT WESTERN is subject, as promulgated by the Office of Thrift Supervision (OTS), the Federal Deposit Insurance Corporation (FDIC) and other such regulatory authorities. GREAT WESTERN agrees to accept PLAN funds for investment in GWBIA. PLAN funds will earn interest by whichever of the following methods results in the highest rate payable: (1) The rate of interest for all funds received during the term of the contract shall be the annualized yield obtained from the use of the over-the-counter rate quotation for the 90 Day United States Government Treasury Bill plus Twenty-five (25) basis points, in effect on the last business day of each calendar quarter. This effective annualized yield will be guaranteed for the succeeding calendar quarter regardless of any subsequent change in the 90 Day United states Treasury Bill yield. 4 The current rate/yield is: Rate 6.25 % Yield ~ % (T.B.D. ) (2) Such other yield as declared by Great Western and shall not be lower than A.(l) above. Interest will accrue daily, using the 365/360 day method, will be credited monthly, on the last day of the month, and will be automatically reinvested to allow for monthly compounding. 8. ENROLLMENT SERVICES: GREAT WESTERN agrees to process, or arrange to have processed, the enrollment of eligible employees who participate in the PLAN. GREAT WESTERN agrees to provide informational and promotional material pursuant to the PLAN for distribution to employees of AGENCY, subject to approval of such material by AGENCY, such approval not to be unreasonably withheld. AGENCY agrees to allow and facilitate the periodic distribution of such material to employees. GREAT WESTERN agrees to conduct, or arrange to have conducted, group presentations periodically for employees of AGENCY, to explain the PLAN. AGENCY agrees to facilitate the scheduling of such presentations and to provide facili ties at which satisfactory attendance can be expected. GREAT WESTERN agrees that qualified personnel will be made available periodically to discuss the PLAN with individual employees of AGENCY. 9. TITLE AND OWNERSHIP: AGENCY shall at all times be the unrestricted owner of all PLAN assets, in accordance with IRC 457 provisions. 10. PRIVITY OF CONTRACT: GREAT WESTERN shall have no privity of contract with PLAN participants. GREAT WESTERN agrees not to accept or honor instructions which may be submitted by participants without written authorization from AGENCY. 11. FEES AND EXPENSES: GREAT WESTERN, in consideration of its services under the Plan, shall receive an annual administration fee of twelve dollars ($12.00) per participant in the Plan. GREAT WESTERN will deduct the administration fee from each Participant sub-account in four equal installments of three dollars ($3.00) at the end of each calendar quarter. GREAT WESTERN requires each Participant to maintain a cash balance in the GWBIA sufficient to cover administration fees. No fees will be assessed until such time as the Agreement may be funded. 12. CIRCUMSTANCES EXCUSING PERFORMANCE: The performance by the parties to this AGREEMENT is subject to force majeure and shall be excused for the time and to the extent that it is prevented by fires, power failures, strikes, acts of God, restrictions imposed by government or governmental agency, or 5 delays beyond the delayed party's control. Failures of or defaults of participants, employers, or investment vehicles shall excuse performance by GREAT WESTERN of the duties affected thereby to the extent and for the time that it is prevented from performing them. 13. INDEMNIFICATION: Each party to this Agreement shall indemnify and hold the other party, its officers, agents and employees harmless from all damages, losses, costs and expenses, including attorney fees, amounts paid in settlement, judgments, and any other legal expense, arising from the negligence or wrongful conduct, whether negligent or intentional, of the indemnifying party or of its officers, employees or contractors. GREAT WESTERN shall not be liable for investment performance, except as expressly provided in this Agreement. 14. ASSIGNABILITY: No party to this Agreement shall assign its rights or delegate its duties or responsibilities under this Agreement, or sub-contract any of its responsibilities hereunder, without the prior written approval of the other party. Such approval shall not be unreasonably withheld. Unless otherwise expressly stated in such approval by a party, any such assignment or delegation shall not relieve the assignor or delegator of any of its duties and obligations under this Agreement. 15. PARTIES BOUND: This Agreement and the provisions thereof shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties. 16. APPLICABLE accordance California. LAW: This Agreement shall be construed in with the laws operating within the State of 17. UNLAWFUL PROVISIONS: In the event any provl.sl.ons of this Agreement shall be held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining parts of the Agreement, but the same shall be construed and enforced as if said illegal or invalid provision had never been inserted herein. Notwithstanding anything contained herein to the contrary, no party to this Agreement will be required to perform or render any services hereunder, the performance or rendition of which would be in violation of any laws relating thereto. 18. MODIFICATION: This writing is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement, pursuant to California Code of civil Procedures section 1856 or its successor (s). No modification of this Agreement shall be 6 effective unless and until such modification is evidenced by a writing signed by both parties. 19. NOTICES: All notices and demands to be given under this Agreement by one party to another shall be given by certified or United states mail, addressed to the party to be notified or upon whom a demand is being made, at the respecti ve addresses set forth in this Agreement or such other place as either party may, from time to time, designate in writing to the other party. Notice shall be deemed to be effective on the day the notice is received by GREAT WESTERN or the AGENCY. If to GREAT WESTERN GREAT WESTERN BANK Deferred compensation Department P.O. Box 6350 Northridge, California 91328 If to AGENCY CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 Imhoff Place Martinez, California 94553 Attn: Walter Funasaki Finance Officer IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written. AGENCY GREAT WESTERN PRESIDENT OF THE BOARD OF DIRECTORS BY: BY: Vice President BY: DATE SIGNED: Walter N. Funasaki Finance Officer APPROVED AS TO FORM: BY: Kenton L. AIm Counsel for the District DATE SIGNED: ADS/Position Paper #2/Signat.Pg 7 PAGE 1 OF 2 NO. 5. ENGINEERING a. SUBJECT DATE July 15, 1991 AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH CH2M HILL FOR CONSULTING SERVICES RELATED TO AIR POLLUTION CONTROL REGULATIONS TYPE OF ACTION AUTHORIZE AGREEMENT SUBMITTED BY n M n er INITIATING DEPTJDIV. Engineering Department/ En ineerin Division David R. Williams ISSUE: Authorization by the Board of Directors is required for the General Manager-Chief Engineer to execute professional service agreements for amounts greater than $50,000. BACKGROUND: The California Toxic Hot Spots and Assessment Act of 1987, Assembly Bill (AB) 2588, required publicly owned treatment works (POTWs) to prepare emission inventory plans and reports to be submitted to their local air quality management district. Most POTWs in the Bay Area had little experience in complying with air regulations and were uncertain as to the best way to respond to the requirements of AB 2588. As a result, a group of POTWs, which later became known as the Bay Area Air Toxics (BAA T) Group, decided to take a collective approach in dealing with the Bay Area Air Ouality Management District (BAAOMD) on meeting the requirements of AB 2588. In spring of 1989, the BAA T Group sent out requests for proposals and interviewed consultants to work with the group's member POTWs and serve as a liaison with BAAOMD. CH2M Hill was selected for the work and was successful in assisting the group's 46 members in developing and implementing a cost-effective approach to meeting the requirements of AB 2588. The funding for CH2M Hill's work was paid by the members of the BAAT Group, based on the size of their treatment facility. CH2M Hill's work was directed by a steering committee comprised of BAA T Group members. One member of the steering committee, Union Sanitary District, assumed the responsibility of contract administrator for the consultant's contract. Since 1989, CH2M Hill has completed several scopes of work for the BAA T Group. In the process the CH2M Hill project manager and his staff, along with the BAA T Steering Committee, have developed a very good working relationship with BAAOMD staff. With the recent proliferation of air regulations, the BAA TSteering Committee now feels that it would be worthwhile to have CH2M Hill continue to provide assistance in responding to new and proposed air regulations. A scope of work has been developed with CH2M Hill, which includes on-going coordination with BAAOMD, preparation of newsletters and bulletins for distribution to the BAA T membership to keep them abreast of current and pending air regulations, working with BAAQMD in developing an acceptable format for updating REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPTJDIV. C f.- DRW ~ RAB SUBJECT 11:1111111111111:11111111111111 AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH CH2M HILL FOR CONSULTING SERVICES RELATED TO AIR POLLUTION CONTROL REGULATIONS PAGE 2 OF DATE 2 July 15,1991 emission inventory reports required under the biennial update provision of the original AB 2588 legislation, and presentations and attendance at BAA T Steering Committee and general membership workshops over the next 12 months. An agreement has been negotiated for CH2M Hill to provide these services at a cost not to exceed $74,916. The District's share of this total contract amount is dependent upon the number of BAA T Group members who elect to proceed with this additional scope of services. Currently, 25 Letters of Intent have been received from POTWs indicating an interest in continuing participation in the BAA T Group. The estimate of the District's cost for this project is approximately $5,000. Staff proposes that the District enter into a consulting services agreement with CH2M Hill on behalf of the BAA T Group membership. Union Sanitary District had previously been providing this service; however, the Union Sanitary District representative, who was also chairman of the Steering Committee, has resigned, and David R. Williams, Central San's Engineering Division Manager, has replaced him as chairman of the BAA T Steering Committee, and thus, CCCSD has been asked to administer the contract on behalf of the BAA T Group membership. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a cost reimbursement agreement with a cost ceiling of $74,916 with CH2M Hill for consulting services on issues involving air pollution control regulations. 13028-7/91 PAGE 1 OF 2 Jul 1 8 1 991 NO. 6. PERSONNEL a. SUBJECT DATE ADOPT REVISION TO MANAGEMENT SUPPORT/CONFIDENTIAL GROUP MEMORANDUM OF UNDERSTANDING. ARTICLE X. GENERAL INCREASES I 11 1991 TYPE OF ACTION PERSONNEL SUBMITTED BY Paul Morsen. Deputy General Manager INITIATlblG,DEP.TJOIY. t' AOmlnlSUa Ive ISSUE: At the July 8, 1991. Board Meeting. the Board adopted the General Employees Memorandum of Understanding (M.O.U.), June 14, 1991 - April 3D. 1994, contingent on the Management Support/Confidential Group (MS/CG) and the Management Group agreeing to change their M.O.U.'s and accept the same District retirement contribution as was granted the general employee group. The County Retirement Office requires the District to pay the same amount of the employees' share of the retirement contribution for all District employees. BACKGROUND: The MS/CG met and conferred with the District's bargaining representatives on the issue of salaries and retirement. Agreement was reached at the table to structure an agreement that provides for a salary package that, over a two year period, is the same cost to the District as the agreement with the General employees. While the District's retirement contribution will pay for the employees' full share in the first year of the M.O.U., as is necessary to meet requirements of the County Retirement Plan, it is proposed that MS/CG receive 3.25% across the board increase in salary this year (as was in their original agreement), but have the District deduct .95% from their salary increase in the second year of the M.O.U. This will then equalize the District costs between Bargaining Units. A copy of the revised Article X, General Increases. is attached for the Board's information. RECOMMENDATION: Adopt the revision to Article X, General Increases, MS/CG Memorandum of Understanding, May 1, 1991 - April 30, 1994. REVIEWED AND RECOMMENDED FOR BOARD ACT/ON PM Attachment Revision to MS/CG Memorandum ot Understanding, Article X General Increases ARTICLE X GENERAL INCREASES Effective May 1, 1991, the District shall contribute three-quarters (75%) ot the remaining share ot the employee's current basic retirement contribution, and a three and one/quarter percent (3.25%) general increase shall be provided to all employees covered by this Memorandum ot Understanding. Effective June " 1991, the District shall contribute all of the remaining share of the employee's current basic retirement contribution, and a three and one/quarter percent (3.25%) general increase shall be provided to all employees covered by this Memorandum of Understanding. Effective May 1, 1992, the wage adjustment shall be based on changes in the Consumer Price Index (CPI) tor all Urban Consumers (San Francisco/Oakland) during the February, 1991 to February, 1992 base period less an amount of ninety-five one-hundredths percent (.95%) to be deducted from the CPl. Depending on the CPI, the wage adjustment shall be at least three percent (3%), but no more than eight percent (8%), less the .95%. Effective May 1, 1993, the wage adjustment shall be based on changes in the Consumer Price Index (CPI) for all Urban Consumers (San Francisco/Oakland) during the February, 1992 to February, 1993 base period. Depending on the CPI, the wage adjustment shall be at least three (3%) percent, but no more than eight (8%) percent. (During the period ot this Memorandum ot Understanding, the employee will continue to contribute to the employee cost-ot-living (COl) share ot the retirement system as required by the Contra Costa County Retirement System.) PAGE 1 OF 3 NO. Jul 18 1991 6. PERSONNEL b. DATE ADOPT REVISIONS TO MANAGEMENT GROUP MEMORANDUM OF UNDERSTANDING AND THE INDIVIDUAL MEMORANDUM OF TYPE OF ACTION UNDERSTANDING FOR THE INCUMBENT DEPUTY GENERAL PERSONNEL MANAGER, ARTICLE IV, GENERAL AND MERIT INCREASES, AND ARTICLE VIII, RETIREMENT PROGRAM SUBMITTED BY INITIATING DEPTJDIV. Joyce Murphy, Secretary of the District Administrative ISSUE: At the July 8, 1991, Board Meeting, the Board adopted the General Employees Memorandum of Understanding (M.O.U.), June 14, 1991 - April 30, 1994, contingent on the Management Support/Confidential Group (MS/CG) and the Management Group agreeing to change their M.O.U.'s and accept the same District retirement contribution as was granted the general employee group. The County Retirement Office requires the District to pay the same amount of the employees' share of the retirement contribution for all District employees. BACKGROUND: The Management Group and the Deputy General Manager met and conferred with the District's bargaining representatives on the issue of salaries and retirement. Agreement was reached at the table to structure an agreement that provides for a salary package that, over a two year period, is the same cost to the District as the agreement with the General and MS/CG employees. While the District's retirement contribution will pay for the employees' full share in the first year of the M.O.U., as is necessary to meet requirements of the County Retirement Plan, it is proposed that Management Group and Deputy General Manager receive 3.25% across the board increase in salary this year (as was in their original agreements), but have the District deduct .95% from their salary increase in the second year of the M.O.U. This will then equalize the District costs between Bargaining Units. A copy of the revised Article IV, General and Merit Increases, and Article VIII, Retirement Program, are attached for the Board's information. RECOMMENDATION: Adopt the revisions to Article IV, General and Merit Increases, and Article VIII, Retirement Program, Management Memorandum of Understanding, and the Individual Memorandum of Understanding for the Incumbent Deputy General Manager, May 1, 1991 - April 30, 1994. REVIEWED AND RECOMMENDED FOR BOARD ACTION JEM INITIATING DEPTJDIV. IV GENERAL AND MERIT INCREASES Effective May 1, 1991 all covered positions shall receive an increase of 3.25%. Effective May 1, 1992, the salary adjustment shall be based on changes in the Consumers Price Index (CPI) for all Urban Consumers (San Francisco/Oakland) during the February 1991 to February 1992 base period less an amount of ninety- five one-hundredths percent (.95%) to be deducted from the CPl. Depending on the CPI, the salary adjustment shall be at least three percent (3%), but no more than eight percent (8%), less the .95%. The approximate 1. 75'K., for the District's additional retirement eontrieution, '.a:i11 be nettod fram the CPI adjustmont dotormined abo....e. Effective May 1, 1993, the salary adjustment shall be based on changes in the Consumers Price Index (CPI) for all Urban Consumers (San Francisco/Oakland) during the February 1992 to February 1993 base period. Depending on the CPI, the salary adjustment shall be at least three percent (3%), but no more than eight percent (8%). Employees normally receive a salary step increase upon satisfactory completion of their Probationary period and a merit increase of one salary step every twelve (12) months from the date they achieve permanent status until they reach the top of their range. VIII RETIREMENT PROGRAM Retirement is based upon a formula which includes the employee's age, salary, and years of service. Effective May 1, 1991, the District's contribution is 75% of the amount of the Employee's basic contribution in addition to the District's normal contribution, and effective May 1, 1992 June 1, 1991 shall be 100%. During the period of this Memorandum of Understanding, the employee will continue to contribute the employee cost-of-living (C.O.L.) share to the retirement system as required by the Contra Costa County Retirement System. District employees who were members of the Retirement Association on or prior to March 1, 1973, and who have vested thirty (30) years service in the Retirement Plan are not required to make any further contributions to the Retirement Plan. Those District employees so qualifying shall be entitled to receive a cash supplement to their salary equivalent to and in lieu of any District payment as may be granted and made as a portion of employee retirement contributions to the retirement program.