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HomeMy WebLinkAboutAGENDA BACKUP 11-06-91 PAGE 1 OF 2 NO. 4. CONSENT CALENDAR f. DATE October 28, 1991 TYPE OF ACTION APPROVE QUITCLAIM OF SEWER EASEMENT SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPTJDIV. Engineering Dept.lConstruction Division ISSUE: Ken W. Sargent, et ux, owners of property at No. 15 Sessions Road, Lafayette, have requested the District to quitclaim a sewer easement which lies within their property. BACKGROUND: The subject easement was granted at no cost to this District in 1981. In 1990 the sewer was realigned to permit the construction of the Sargent's residence. A replacement easement was recorded for this realignment on November 5, 1990. The property owner has paid our quitclaim processing fee. The subject easement is no longer needed and may now be quitclaimed. This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. RECOMMENDATION: Approve Quitclaim Deed to Ken W. Sargent, et ux, Job 3184, 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. 1302A-7/91 DH JSM RAB REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. f!!4 !JJJ3 u€y~])H .... .~ \ QUITCLAIM ... '" "- ..r." C.s"'~--__ '---.. /04'S RtJAP ~ ---- \ \ \ ~~ Wr- REPLACEMENT EASEMENT --IT'J!; (16228 O.R. 510) EASEMENT ~~ II ~ QUITCLAIM EASEMENT JOB 3184 LAFAYETTE AREA PAGE 1 OF 2 NO. 4. CONSENT CALENDAR g. DATE ESTABLISH DECEMBER 5, 1991, AS THE DATE FOR A PUBLIC HEARING TO CONSIDER ESTABLISHING EQUALIZATION CHARGES FOR LOCAL IMPROVEMENT DISTRICT NO. 54 - SCHEDULE NOS. 1 THROUGH 4 tober 31 1 991 TYPE OF ACTION SET PUBLIC HEARING SLlBMITu;D ex Jay ::So MCCoy Construction Division Manager INITIATltalG QJ;PTJDlV. ~nglneerlng Department Construction Division ISSUE: The Board of Directors must conduct a public hearing to establish equalization charges. BACKGROUND: Local Improvement District (LID) No. 54 included four separate areas identified as Schedule Nos. 1, 2, 3, and 4. A breakdown of these schedules follows: Schedule No. No. of Oriainal No. of Total Location Seoarate Parcels Oriainal Assessments 1 44 83 Pleasant Hill 2 60 61 Danville 3 18 33 Orinda 4 28 28 Martinez Most of the original properties were assigned one unit of assessment. Some of the original properties were assigned more than one unit of assessment because the zoning at that time permitted more than one building site on these properties. Presently some properties which were assigned only one assessment are being subdivided. In these cases District staff recommends that an equalization c,harge be collected from the owner of these new lots. Equalization charges are intended to equalize the investment in, and fairly and equitably distribute the cost of capital improvements among all properties which benefit from the improvements. After equalization charges are collected, the money will be credited against the outstanding balance of assessments on each property. This crediting will be accomplished by reducing the next yearly assessment which appears on the tax bill for each of the then current owners of the properties included in LID 54. Section 6.16.020 of the District Code provides for the Board establishing equalization charges after conducting a properly noticed public hearing. One of the 44 original properties in Schedule No. 1 is now being subdivided and the new lot which is being created through the subdivision process was not assessed in the LID. Hence, the collection of an equalization RE WE WED AND RECOMMENDED FOR BOARD ACDON INIT~T1N7~~ JSM JIr+B RAB SUBJECT 1_1111111111 iilll III II ESTABLISH DECEMBER 5, 1991, AS THE DATE FOR A PUBLIC HEARING TO CONSIDER ESTABLISHING EQUALIZATION CHARGES FOR LOCAL IMPROVEMENT DISTRICT NO. 54 - SCHEDULE NOS. 1 THROUGH 4 PAGE 2 OF 2. DATE October 31, 1991 charge is appropriate and a public hearing is required. Equalization charges will be proposed for this new lot and subsequent new lots which were not originally assessed in LID 54. Since equalization charges for all future lots will be considered at the proposed public hearing, no additional public hearings will be required. RECOMMENDATION: Establish December 5, 1991, as the date for a public hearing to consider establishing equalization charges for LID 54, Schedule Nos. 1 through 4. 13028-7/91 PAGE 1 OF 2 November 6, 1991 NO. 4. CONSENT CALENDAR h. ADVISE THE BOARD OF THE CLOSE OUT OF THE DIABLO ROAD SEWER IMPROVEMENT PROJECT, DANVILLE (DP 4455) DATE October 28 1 991 TYPE OF ACTION INFORMATIONAL SUBMITTED BY INITIATING DEPTJOIV. Ron Klimczak, Senior Engineer ngineering Department/Construction Division ISSUE: All work has been completed on the Diablo Road Sewer Improvement Project (DP 4455) and this project can now be closed out. BACKGROUND: In response to being notified of the Town of Danville's plans to widen and resurface Diablo Road, District staff reviewed the capacity of existing sewers inDiablo Road and determined that additional capacity was needed to meet projected wet weather flow demands. In addition, a television inspection of one of the existing sewers in Diablo Road determined it to be structurally deficient, and the decision was made to abandon it. The subject sewer project included construction of 775 L.F. of 18-inch sewer, 227 L.F. of 15- inch sewer, 80 L.F. of 8-inch sewer, 14 trunk manholes, and various other appurtenances. Approximately 3,100 L.F. of existing 15-inch, 12-inch, and 8-inch sewer was abandoned. The project location is shown on Figure 1 (attached) and is described in more detail on pages CS-24 and CS-25 of the Fiscal Year 1991-92 Capital Improvement Budget. The Board of Directors awarded a construction contract to Mountain Cascade, Inc., of San Ramon on April 18, 1991. The contractor was issued a Notice to Proceed on May 22, 1991. The specified contract completion date was August 21, 1991 ; however, all work was completed approximately one month early on July 19, 1991. The project was accepted by the Board on August 15, 1991. Mountain Cascade's original construction contract was for $177,077. There were three change orders issued on the project totaling $9,924.91. The total contract amount paid to Mountain Cascade was $187,001.91. The total authorized budget for the project was $348,300. The total completed project cost is $329,800. Staff is closing out the project account which will result in $18,500 being returned to the Collection System Program. RECOMMENDATION: This item is presented to the Board of Directors for information. No action is necessary. RE WE WED AND RECOMMENDED FOR BOARD A CDON RAB INITIAT~IV. 1302A-7/91 RSK jI~ JSM fIIQ Q Orlnda I . - Project Location I Central Contra Costa Sanitary District Diablo Road Sewer Improvements Project Danvi II e DP4455 Figure 1 PAGE 1 OF 3 Navember 6, 1991 NO. 4. CONSENT CALENDAR i. SUBJECT DATE ADVISE THE BOARD OF THE CLOSE OUT OF THE PORT CHICAGO PUMP STATION ABANDONMENT AND SEWER IMPROVEMENTS PROJECT (DP 4326) r 2 1991 TYPE OF ACTION INFORMATIONAL SUBMITTED BY INITIATING DEPTJDIV. Ron Klimczak, Seniar Engineer EngineeringDepartment/Canstructian Divisian ISSUE: All wark has been campleted and the .outstanding claim resalved an the Part Chicaga Pump Statian Abandanment and Sewer Impravements Praject (DP 4326) and this praject can naw be clased aut. BACKGROUND: This project was the second phase of the pump station's upgrade plan for the Narth Cancard/Clyde area which has as its ultimate gaal the abandanment .of twa .of the faur existing pump statians tagether with impravements ta the remaining pump stations. The project wark cansisted .of the installatian .of appraximately 1,900 lineal feet .of 18- and 15- inch trunk sewer fram the Part Chicaga Highway ta the District's Cancard Industrial Pump Statian. Once the new trunk sewer was activated, the remaining wark invalving the abandanment .of the Part Chicago Pump Statian was accamplished (See Attachment 1). This praject is described in mare detail in the FY 1991-92 Capitallmpravement Budget an page CS- 35. The cantractor, V&M Backhae/Construction of Antiach, was issued a Natice ta Praceed on August 1, 1988, with a required cantract campletian date .of Octaber 15, 1988, (subsequently extended to November 21, 1988, by negatiated cantract change .orders which were agreed ta by the cantractar). Since the cantractar did nat camplete the praject wark until September 1, 1989, liquidated damages in the amount .of $38,000 were assessed. The Baard .of Directars accepted the project on September 7, 1989. On Navember 13, 1989, appraximately three manths after praject acceptance, the cantractar submitted a claim far additianal campensatian in the amaunt .of $233,593 far extra casts plus $41,951 which was the amaunt being retained far liquidated damages and ather miscellaneaus charges assessed against the cantractar (tatal claim = $275,544). The cantractor's claim was based an the allegatian that all casts he incurred an the project abave the .original cantract price were attributed ta unfareseen graund water canditians that required, in his apinian, trench dewatering .outside .of the .original scape .of wark. The District's staff pasitian was that the praject's geatechnical repart, the general geagraphical lacatian .of the praject, as well as the extensive natatians in the praject dacuments referring ta wark belaw the graund water table served as ample warning .of the dewatering canditians ta expect. Over the fall.owing peri.od .of alm.ost twa years, the dispute was settled in accordance with a Release and Settlement RE WE WED AND RECOMMENDED FOR BOARD A CDON 1302A-7/91 RSK JSM RAB INITIATING DEPT.lDIV. 1&1: '1 w SUBJECT ................................................................................... 11:1111111111111111111111 ADVISE THE BOARD OF THE CLOSE OUT OF THE PORT CHICAGO PUMP STATION ABANDONMENT AND SEWER IMPROVEMENTS PROJECT (DP 4326) PAGE DATE 2 OF 3 October 28, 1991 Agreement recently executed by all parties. The financial terms of the Agreement essentially provided for the District releasing $20,000 of the $38,000 in retained liquidated damages in exchange for the contractor dropping the claim for extra costs together with any future litigation. Final contract payment has now been made to the contractor. V&M Backhoe/Construction's original construction contract was for $228,241.75. There were five change orders issued on the project totaling $34,773.71 as well as additional work paid for at contract unit prices in the amount of $1,023.25. The final value of contract work was $264,038.71 from which the District retained $18,110.13 to cover assessed liquidated damages and a miscellaneous unpaid District billing. An additional $44,240.72 was deducted at court direction from monies due the contractor to pay various vendors and PG&E to satisfy their claims against the contractor. The original total budget for the project at the time of the Board's contract award was $354,800. Two supplemental GM-CE contingency fund authorizations totaling $40,000 have been processed subsequent to the completion of work to cover the additional expenses related to contract change orders, the additional staff time required to cover the extended period of work as well as unbudgeted District legal and staff expenses incurred to defend against the contractor claim. The current total authorized budget is $394,800 and the total completed project cost is $392,000. Now that the contractor claim issue has been resolved, staff is proceeding to close out the project account which will result in $2,800 being returned to the Collection System Program. RECOMMENDATION: This item is presented to the Board of Directors for information only. No action is necessary. 13028-7/91 ce NTS Port Chicago Pump Station (abandoned on this project) 6 7 8 Concord Industrial Pump Station Bates Ave. Pump Station Central Contra Costa Sanitary District ~ TRUNK SEWER DESIGN (DP 4326) Attachment 1 ~ Central Contra Costa Sanitary District ~ BOARD OF DIRECTORS .1!.~.'I:::M'lt::.~'i::::::'I:::::.::::j'.~:~I!:t;:" BOARD MEETING OF :E:.:e:::::::!:::L::.~'"",:::::::{:"m,II,":g PAGE 1 OF 1 November 6, 1991 NO. 4. CONSENT CALENDAR j. SUBJECT DATE r 1 CONSIDER A REQUEST FOR EMERGENCY WITHDRAWAL OF FUNDS FROM THE DEFERRED COMPENSATION PLAN TYPE OF ACTION CONSIDER EMERGENCY WITHDRAWAL SUBMITTED BY INITIATING DEPTlOIV. Walter Funasaki, Finance Officer Administrative/Finance & Accounting ISSUE: Authorization by the Board of Directors is required for emergency withdrawal of funds from the Deferred Compensation Plan. BACKGROUND: Doyle M. Hill, Instrument Technician, has requested a $6,292 emergency withdrawal from the Deferred Compensation Plan based on extreme financial hardship caused by his spouse's medical disability. The Deferred Compensation Plan Advisory Committee has reviewed the request and determined that it meets the requirements for emergency withdrawal. RECOMMENDATION: Approve the request of Doyle M. Hill for an emergency withdrawal of $6,292 from the Deferred Compensation Plan, as recommended by the Deferred Compensation Plan Advisory Committee. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. 1302A-7/91 WNF PM ADS/Pes. Paper #2/Emergwit. PP PAGE 1 OF 2 CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON PLACING DELINQUENT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION NO. 5. HEARINGS a. DATE October 31 1991 TYPE OF ACTION CONDUCT PUBLIC HEARING SUBMlllED BY . ::steven Elsberry, Semor Accountant/ Internal Auditor INITIATING DEPTJDIV. Administrative/Finance & Accounting ISSUE: The District Code and State law require holding a Public Hearing on placing delinquent Sewer Service Charges on the County tax roll for collection. BACKGROUND: Information on the discovery by the District of 49 illegal connections in 1990 was presented at the October 17, 1991 Board Meeting, and a Public Hearing was set for November 6, 1991 to receive public comment on placing delinquent Sewer Service Charges on the County tax roll for collection. The connection fees have been paid in full by the developers and all prior years' Sewer Service Charges have been collected from 43 homeowners. The four homeowners listed on the attached report are delinquent in payment of the prior years' Sewer Service Charges in the amount shown, and are the subject of the November 6, 1991 Public Hearing. Notice of the public hearing was provided to these homeowners by certified letter. The remaining two residences were sold prior to the discovery of the illegal connections. The current homeowners have paid the prior years' Sewer Service Charges for the years under their ownership. The former owners listed on the attached report were contacted by certified letters and follow-up telephone calls but have refused to pay their portion of the prior years' Sewer Service Charges. Since it is inappropriate to place these charges on the current property tax roll, and although the former owners still reside in California, staff believes that the expense to the District to pursue collection will exceed the $ 712 of delinquent charges; therefore, it is recommended that the $712 be considered uncollectible. RECOMMENDATION: Conduct a Public Hearing to receive and consider protests and, if appropriate, adopt a report pursuant to Section 5473, Health and Safety Code, for transmittal to the County to collect delinquent Sewer Service Charges on the 1991-1992 County property tax roll. INITIATING DEPTJDIV. ~ BOARD ACTION 1302A-7/91 GEN. MGR.lCZ. I-AIEF ENG. JfltB! {)L ROGER J. DOLAN SE WF JSM PM ADS/PosPaper#2/DeISewCh. pp .------r-.-..--..--.---.---.... ....J en en .~ Q) ....J +-' Q) '+:i 0 ~ ::J ~ a: Q) 0 Q) 0. 0. >< 0 +-' 0 ~ c: ~ <t: c. ::J .;t .;t .;t CO c. 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I-a:~a.. 0 Z en '"' N , I I ~ It) '"' 0 en ~ ~ en 0 0 Q) I I en It) CO en '"' '"' <( CO CO I I >- .;t .;t +-' It) It) C :J .- .- 0 z z U a.. a.. <( <( a.. a.. VI ~ .r:. U Qj Cl -- N 'l:l:: ... cu 0. co a.. c o 'p '(ii o a.. -- CJ) Cl <( PAGE 1 01=5 AMEND SECTION 8, APPLICATIONS BY CONTRACTOR FOR RATE INCREASE, OF THE AGREEMENT FOR COLLECTION, REMOVAL, AND DISPOSAL OF GARBAGE BETWEEN THE DISTRICT AND THREE FRANCHISED REFUSE COLLECTORS TO CHANGE THE RATE YEAR FROM A FISCAL YEAR TO A NO. 6. SOLID WASTE a. DATE October 31 1991 TYPE OF ACTION AMEND FRANCHISE AGREEMENT INITIATING DEPTJDIV. Walter Funasaki, Finance Officer Administrative/Finance & Accounting ISSUE: Amendment to the agreements between the District and Valley Waste Management, Orinda-Moraga Disposal Service, Inc. and Pleasant Hill Bay Shore Disposal is required to effect a change to the annual period for requests for rate increase. BACKGROUND: The Board of Directors has expressed interest in changing the refuse collection rate-setting period from a fiscal year beginning July 1 to a calendar year basis. Such change would coincide the rate year with the refuse collectors' accounting year, and mitigate the heavy workload of District staff related to the District's own fiscal year accounting cycle. During the recently completed rate-setting process, the Board determined that a mid-period rate application would be considered, if a major increase in disposal expense occurred. As an application for a transfer station fee increase by Acme Fill Corporation is currently under review by the County, it is likely that an increase will occur in the near future. Therefore, it is considered to be appropriate to incorporate the change in the rate-setting period with the anticipated mid-period rate application based on a disposal expense increase. In order that the rate adjustment can be implemented as of January 1, 1992, rate applications have been requested to be submitted. by November 1, 1991. The schedule for processing the rate applications to establish collection rates for the 1 992 calendar year is provided on Attachment IV. Section 8 of the franchise agreement with each of the three refuse collection firms indicate that rate applications are due by March 31 and are on a fiscal year basis. Revisions to this Section to conform to a calendar year rate period are included in the amendment to the agreement being presented for Board authorization. All three refuse collectors have concurred in the change to the rate year and have executed the amendment, which is provided as Attachments I, II, and III. Audited financial statements, which are on a calendar year basis, are required to be submitted with the rate applications of Valley Waste Management and Orinda-Moraga Disposal Service, Inc.; unaudited, compiled financial statements are required with the rate application of Pleasant Hill Bayshore Disposal. A consequential effect of the change from a July 1 fiscal year rate- setting implementation date to a January 1 calendar year basis is the lengthening of the interval between the calendar year for which audited financial statements are provided and the beginning of the rate year from six months to twelve months. As the status of the Balancing Account will be determined based on the immediately preceding twelve month period for which audited financial statements will be provided with the next year's rate application, a preliminary determination will be made in a given year, and adjusted based on the audited results in the next year. RECOMMENDATION: Authorize execution of the Amendment to Section 8 of the Agreement for Collection, Removal and Disposal of Garbage with Valley Waste Management, Orinda- Moraga Disposal Service, Inc. and Pleasant Hill Bay Shore Disposal to change the rate period from a fiscal year to a calendar year basis. REVIEWED AN RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. GEN. MGR.lCHIEF ENG. f' WNF PM KLA 1302A-7/91 -.-----r--"'.---~'~-._"'.....-.,...,,--"---+-~--.-~--- Attachment I AMENDMENT TO AGREEMENT FOR COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE ZONES 2, 4 AND 5 The following is an Amendment to Agreement for Collection, Removal and Disposal of Garbage - Zones 2, 4 and 5 entered into by and between the Central Contra Costa Sanitary District (hereinafter "District") and Valley Disposal Service, Inc., which entity is predecessor in interest and assignor of current party to Agreement, SAWDCO (hereinafter "Contractor"). The following Amendment is mutually agreed to between District and Contractor and provides for a revision of Section 8 of the Agreement in order to effect the change of the annual period for request for rate increase. This amendment shall take effect as of the calendar year beginning January 1, 1992 and shall remain in effect thereafter until termination of the Agreement or execution of further written amendment. Section 8 of said Agreement shall be amended to read as follows: 8. APPLICATIONS BY CONTRACTOR FOR RATE INCREASE: Any and all requests for rate increases, excepting those provided for under paragraphs 12, 24, 25 and 27 of this Agreement, may be made no more frequently than on an annual basis. Any such request for rate increase by the Contractor, excepting those provided for in paragraphs 12, 24, 25 and 27 of this Agreement, shall be submitted together with the audited financial statement required under paragraph 7 of this Agreement by September 15 of the preceding year. Approval of the rate increase, or other action by the Board on the application, shall occur only after the District has had sufficient time to review the application and financial statement, and in no event will a rate increase take effect before January 1 of the next year. Rate increase applications submitted by Contractor will be prepared using such formats, including such operating statistics as the District may prescribe from time to time. Any rate increase application will be accompanied by audited financial statements for the most recent reporting year preceding the requested effective date of rate increase. In the event the Contractor is required to make changes in its operation pursuant to the conditions set forth in paragraphs 12, 24, 25 and 27 of this Agreement, the Contractor may petition the Board using the format mentioned herein, at any time during the calendar year. The District staff shall calendar the petition for rate increase within seventy-five (75) days of receipt of any extraordinary petition presented pursuant to paragraphs 12, 24, 25 and 27 of this Agreement. It is specifically understood that all other terms and conditions set forth in the aforementioned Agreement shall remain in full force as specifically set forth therein. It is further understood and agreed that, with regard to the transition year of 1 991, the District shall permit Contractor to make an additional request for a rate adjustment to be submitted together with appropriate financial documentation to the District by November 1, 1991, and that District shall consider a rate adjustment to be effective January 1, 1992 pursuant to said submission. CENTRAL CONTRA COSTA SANITARY DISTRICT By: Dated: , 1991 President of the Board of Directors SA WDCO By: Dated: {0c,/, 91 ;:f-, 1991 ADS/PosPaper#21 AmendFr. PP AMENDMENT TO AGREEMENT FOR COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE ZONES 1 AND 1A Attachment II The following is an Amendment to Agreement for Collection, Removal and Disposal of Garbage - Zones 1 and 1 A entered into by and between the Central Contra Costa Sanitary District (hereinafter "District") and Orinda-Moraga Disposal Service, Inc., (hereinafter "Contractor"). The following Amendment is mutually agreed to between District and Contractor and provides for a revision of Section 8 of the Agreement in order to effect the change of the annual period for request for rate increase. This amendment shall take effect as of the calendar year beginning January 1, 1992 and shall remain in effect thereafter until termination of the Agreement or execution of further written amendment. Section 8 of said Agreement shall be amended to read as follows: 8. APPLICATIONS BY CONTRACTOR FOR RATE INCREASE: Any and all requests for rate increases, excepting those provided for under paragraphs 12, 24, 25 and 27 of this Agreement, may be made no more frequently than on an annual basis. Any such request for rate increase by the Contractor, excepting those provided for in paragraphs 12, 24, 25 and 27 of this Agreement, shall be submitted together with the audited financial statement required under paragraph 7 of this Agreement by September 15 of the preceding year. Approval of the rate increase, or other action by the Board on the application, shall occur only after the District has had sufficient time to review the application and financial statement, and in no event will a rate increase take effect before January 1 of the next year. Rate increase applications submitted by Contractor will be prepared using such formats, including such operating statistics as the District may prescribe from time to time. Any rate increase application will be accompanied by audited financial statements for the most recent reporting year preceding the requested effective date of rate increase. In the event the Contractor is required to make changes in its operation pursuant to the conditions set forth in paragraphs 12, 24, 25 and 27 of this Agreement, the Contractor may petition the Board using the format mentioned herein, at any time during the calendar year. The District staff shall calendar the petition for rate increase within seventy-five (75) days of receipt of any extraordinary petition presented pursuant to paragraphs 12, 24, 25 and 27 of this Agreement. It is specifically understood that all other terms and conditions set forth in the aforementioned Agreement shall remain in full force as specifically set forth therein. It is further understood and agreed that, with regard to the transition year of 1991, the District shall permit Contractor to make an additional request for a rate adjustmen.!~-!9 .be submitted together with appropriate financial documentation to the District by Novemberl1, 1991, and that District shall consider a rate adjustment to be effective January 1, 1992 pursuant to said submission. CENTRAL CONTRA COSTA SANITARY DISTRICT By:. Dated: , 1991 President of the Board of Directors ORINDA-MORAGA DISPOSAL,.5ERVIC l.Jafed: lO/61 / , 1991 Attachment III AMENDMENT TO AGREEMENT FOR COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE ZONE 3 The following is an Amendment to Agreement for Collection, Removal and Disposal of Garbage - Zone 3 entered into by and between the Central Contra Costa Sanitary District (hereinafter "District") and Pleasant Hill Bayshore Disposal, (hereinafter "Contractor"). The following Amendment is mutually agreed to between District and Contractor and provides for a revision of Section 8 of the Agreement in order to effect the change of the annual period for request for rate increase. This amendment shall take effect as of the calendar year beginning January 1, 1992 and shall remain in effect thereafter until termination of the Agreement or execution of further written amendment. Section 8 of said Agreement shall be amended to read as follows: 8. APPUCA TIONS BY CONTRACTOR FOR RATE INCREASE: Any and all requests for rate increases, excepting those provided for under paragraphs 12, 24, 25 and 27 of this Agreement, may be made no more frequently than on an annual basis. Any such request for rate increase by the Contractor, excepting those provided for in paragraphs 12, 24, 25 and 27 of this Agreement, shall be submitted together with the audited financial statement required under paragraph 7 of this Agreement by September 15 of the preceding year. Approval of the rate increase, or other action by the Board on the application, shall occur only after the District has had sufficient time to review the application and financial statement, and in no event will a rate increase take effect before January 1 of the next year. Rate increase applications submitted by Contractor will be prepared using such formats, including such operating statistics as the District may prescribe from time to time. Any rate increase application will be accompanied by the compiled operating statement for the most recent reporting year preceding the requested effective date of rate increase. In the event the Contractor is required to make changes in its operation pursuant to the conditions set forth in paragraphs 12, 24, 25 and 27 of this Agreement, the Contractor may petition the Board using the format mentioned herein, at any time during the calendar year. The District staff shall calendar the petition for rate increase within seventy-five (75) days of receipt of any extraordinary petition presented pursuant to paragraphs 1 2, 24, 25 and 27 of this Agreement. It is specifically understood that all other terms and conditions set forth in the aforementioned Agreement shall remain in full force as specifically set forth therein. It is further understood and agreed that, with regard to the transition year of 1991, the District shall permit Contractor to make an additional request for a rate adjustment to be submitted together with appropriate financial documentation to the District by November 20, 1991, and that District shall consider a rate adjustment to be effective January 1, 1992 pursuant to said submission. CENTRAL CONTRA COSTA SANITARY DISTRICT By: Dated: , 1991 President of the Board of Directors PLEASANT HILL BA YSHORE DISPOSAL BY:V~ /;4/ ~ ~ Boyd M. Olney, Jr. Dated: In ~ ~ / , 1991 ADS/PosPaper #2/ AmendFr. PP Attachment IV CENTRAL CONTRA COSTA SANITARY DISTRICT 1992 Calendar Year Refuse Collection Rate-Setting Schedule Receive refuse collection rate applications from refuse collection firms, and submit to Board of Directors and affected city councils November 1, 1991 Adoption at the November 6, 1991 Board Meeting of revision to franchise agreements to provide for calendar year rate-setting November 6, 1991 Complete staff analyses of rate applications December 2, 1991 Submit staff analyses to Board of Directors and affected city councils December 3,1991 Approve public notices at the December 5, 1991 Board Meeting for the Board Workshop and Public Hearing on the rate applications December 5,1991 Conduct noticed Board Workshop on rate applications, and receive written comments from affected city councils January 2, 1 992 Conduct noticed Public Hearing on rate applications, and set collection rates effective January 1, 1 992 January 16, 1992 ADS/W. Funasaki #1/RateSet.Sch -------.,-'-'~..--~"""1'""--.----....~"--....---.-.-'"-'--'~..---.,.----.------.."---"-,,..-~,.-...,-,~,.-"-...,-..-,,---~-,-.-._--,.---,~- .--.-'"----.~--~--- PAGE 1 OF 3 NO. 7. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS FOR FINAL DESIGN OF PHASE 1 (PREAERA TION TANK AREA) OF THE PRIMARY CLARIFIER ODOR CONTROL PROJECT, (DP 20108) DATE October 31, 1991 TYPE OF ACTION SUBJECT AUTHORIZE AGREEMENT SUBMITTED BY INITIATING DEPT./DIV. Don E. Berger Assistant En ineer Engineering Department/ Engineering Division ISSUE: Authorization by the Board of Directors is required for the General Manager-Chief Engineer to execute professional services agreements for amounts greater than $50,000. BACKGROUND: In February 1988, an odor study was completed at the treatment plant to identify and prioritize sources of odor. The study concluded that the major odor sources are the following process areas (in descending order beginning with the most significant odor source) : · septage disposal · preaeration tanks · primary clarifiers The most significant odor source, septage disposal, was addressed by the construction of an interim septage handling facility in 1989. This system substantially reduced septage disposal odors. Anew, long-term septage disposal facility will be constructed as part of the Headworks Facilities Expansion Project. The Primary Clarifier Odor Control Project is scheduled to be completed in two phases. Phase 1 will provide odor control for the preaeration tanks and the channels in the Chemical Feed Building. These areas will be covered, and the odorous air will be treated in a scrubber system. Phase 2 is scheduled to occur in approximately 1996-97 and will consist of covering the primary clarifiers and providing an additional scrubber for odor control. Attachment 1 shows the project location. John Carollo Engineers (JCE) completed the predesign of the project in November 1990. Based on JCE's previous performance and knowledge of the project, staff recommends that JCE provide final design services. An agreement has been negotiated with JCE for final design services for Phase 1 with a cost ceiling of $95,000. The design services consist of preparation of plans and specifications and assistance during bidding, including preparation of addenda. IN~~G D T./DIV. 1302A-7/91 DEB REVIEWED AND RECOMMENDED FOR BOARD ACTION DJC DRW RAB GEN. MGR./CHIEF ENG. Jtj(Jrof1- ROOER J. DOLAN >> & lJ~tU ;WS AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS FOR FINAL DESIGN OF PHASE 1 (PREAERA TION TANK AREA) OF THE PRIMARY CLARIFIER ODOR CONTROL PROJECT (DP 20108) ..................................................................................-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IIIIIIIIIIIIIB SUBJECT PAGE DATE 2 OF 3 October 31, 1991 The Primary Clarifier Odor Control Project is included In the 1991-92 Capital Improvement Budget (CIB) starting on page TP-71. The total estimated project cost for Phase 1 is $980,000. This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 18.2, since it involves a minor alteration to an existing sewer facility with negligible or no expansion of capacity. The Board of Directors' approval of this project will constitute agreement with this determination unless otherwise indicated. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a Cost Reimbursement Agreement with a cost ceiling of $95,000 with John Carollo Engineers for final design of Phase 1 (preaeration tank area) of the Primary Clarifier Odor Control Project, DP 20108. 1302B-7/91 ",,/ ,/ Page 3 of 3 ATTACHMENT 1 \3 ..------...-- 1. ~ ,----__--1 MiOFF PLACE Location of Phase 1 Odor Control Facilities CHEMICAL FEED SLOG PREAERATION TANKS PAGE 1 OF 3 NO. 7. ENGINEERING b. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS FOR DESIGN OF THE SOUTH BROADWAY EXTENSION SEWER RELOCATION PROJECT, DISTRICT PROJECT NO. 4826 DATE November 1, 1991 TYPE OF ACTION SUBJECT AUTHORIZE AGREEMENT SUBMITTED BY Andrew J. Antkowiak Assistant Engineer INITIATING DEPT./DIV. Engineering Departmentl Engineering Division ISSUE: Board of Directors' authorization is required for the General Manager-Chief Engineer to execute professional services agreements in amounts greater than $50,000. BACKGROUND: The City of Walnut Creek proposes to build the South Broadway extension with sound walls in the former Southern Pacific Railroad right of way (SPR/w) between Newell Avenue and Rudgear Road. To accommodate the proposed road extension with sound walls, approximately 3,500 feet of existing 1 O-inch sewer will have to be relocated. The existing 10-inch sewer is over 40 years old and does not meet the District's ultimate capacity criteria. Replacement and upsizing of the existing deteriorated 1 O-inch sewer will be beneficial to the District. The District retained John Carollo Engineers (JCE) to evaluate alternative relocation routes and prepare a preliminary design for the best apparent route. JCE evaluated several different relocation alignments and recommended an alignment alongside the county flood control channel, as shown on the attached map. This recommended alignment will consist of approximately 2,500 feet of 15-inch trunk sewer adjacent to the flood control channel, 1,000 feet of 12-inch trunk sewer in private easements, and three 8-inch collector sewers located in new easements. An additional 800 feet of undercapacity sewers not affected by the road extension will also be replaced in the project. The preliminary construction cost estimate for this project, not including the right-of-way cost, is $1,100,000. The City of Walnut Creek has agreed to fund 69 percent of the design cost and to participate in the total cost of this project. District staff is currently negotiating a cost-sharing agreement with the City for construction costs. The final agreement will be presented the Board of Directors for its approval. JCE is recommended to be the consulting firm for final design of the South Broadway Sewer Relocation Project. This recommendation is based upon JCE's experience and performance on the alternative study for the above-referenced sewer relocation and design of small- and large-diameter sewer systems for the District, including the Martinez Renovation Project, the REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-7/91 AJA GEN. MGR./CHIEF ENG. INITIATING DEPT.lDIV. d' pJig SL- RAB R ER J. DOLAN SUBJECT .................................................-... ..------ -----...----........ .................................................................-.....-........... 111,mIIIIAm~a AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH JOHN CAROLLO ENGINEERS FOR DESIGN OF THE SOUTH BROADWAY EXTENSION SEWER RELOCATION PROJECT, DISTRICT PROJECT NO. 4826 PAGE DATE 2 OF 3 November 1, 1991 1-680 sewer relocations, and the Walnut Creek Bypass Sewer Project. A cost reimbursement agreement has been negotiated with JCE with a cost ceiling of $99,600. Under the proposed agreement, JCE will prepare final plans, specifications, construction cost estimates and provide engineering services during project bidding. The proposed South Broadway Extension Sewer Relocation Project is included in the 1991- 92 Capital Improvement Budget on pages CS-63 through CS-65. The total project cost estimate listed in the budget is $759,000. The City will reimburse the District for more than the difference between the total relocation project cost ($1,280,000) and the cost listed in the budget ($759,000). 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 18.2, since it involves a minor alteration to an existing sewer facility with negligible or no expansion of capacity. Board of Directors' approval of this project will constitute a finding of agreement with this determination unless otherwise indicated. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a cost reimbursement agreement with a cost ceiling of $99,600 with John Carollo Engineers for the South Broadway Sewer Relocation Project, District Project No. 4826. 13028.7/91 I I Page LoL3__ ___ \ '. ~"t\..\..~ .... ~ /---;;...... / .._\ _____. ...~-v-- :;!~~- . . .i.~:::...j \ "',~ \ . ~..~\ ~~-'. .\ \~.. ...Q.\~.,; ::~ V';... , ."'" ~ / ~ N ~ '00 '00 000 . , PROPOSED 15" TRUNK SEWER ~ \ ~()Ii t,- 'It, ....~4 # i. . -If> . " , .\ .. .":' . ....' " '. '1' /..i '" . ." ",'" . \ ". ... );'1 !" " .~ C8' \ \ ../r",'''--.: , /:.~ "v- "~===',.,. : \.''-'~/ ~ . i ::: ~ l}"/' ..... 1.1 ~ ./..t. ......... ,. :'J \. . ~"C" ~ .., " ~ . '#. / ~... )\ \~. ~ h~; i Aif l~.,/) \. \ ~'. J~. 'f & \ .~. .......~, J7 '''r~~' / '\- ~.: ~ Q, / / ~ : / I '\ ~.. : (1,-----. , '\ '\ I! :i '----..:-- , (\ \ ~I. .' \;'> \Q-.: ' -( \\ +"> !'V' ~., .-~ \. ~ \\ / .~'..~ . -~~., \.~( .~ J )\\ \ ---; \\ ! '. , \ \ -!, ',. OLD S.P.R.R. \ \ 1 \ RIGHT OF WAY _ -', \ MAIN SEWER ~ i" , . ---., ten ~ \} / i~ \\ J! Z FEET PROPOSED 8" COLLECTOR ~ SEWERS " ' ',,~ \ \ \\ \ \\ ,~ \ \\", \\ (-',.j \ PROPOSED 12" \ ,TRUNK SEWER ...../ \' UNDERCAPACITY SEWERS ~----_/ --' EXISTING 66" TRUNK SEWER LEGEND P"oposed S."...s ElClstJng T ..unk S.Wl!t.. ElClstlng Mc~un Sewe.. Centrol Contro Costo Sonitory District SOUTH BROADWAY EXTENSION RECOMMENDED ALIGNMENT 1 ~.~----~-"---'-----r---'-------"---'--'--'_._.._~-.~'."--'.."--.----...-,...",--.,-,.-"..--->...~.,.-.........----.--. -.,....---,,-..----.------.-,-.-.-.--.--- PAGE 1 OF 2 November 6, 1991 NO. 8. PERSONNEL a. DATE October 31, 1991 ADOPT ARBITRATOR'S RECOMMENDATION IN THE APPEAL OF EMPLOYEES' ASSOCIATION. PUBLIC EMPLOYEES' UNION, LOCAL NO. ONE, ON BEHALF OF FRANK SHEA TYPE OF ACTION Personnel SUBMmED BY INITIATING DEPTJDIV. Paul Morsen, Deputy General Manager Administrative ISSUE: In accordance with the Disciplinary Procedure in the current Memorandum of Understanding between the District and the Central Contra Costa Sanitary District Employees' Association, Public Employees' Local No. One, the Board of Directors may adopt, reject or modify the recommendation of an appointed neutral third party (arbitrator) in appealed disciplinary matters. BACKGROUND: On November 15, 1990, the Board directed staff to secure the services of an arbitrator to hear the appeal of Employees' Association, Public Employees' Union, Local No. One on behalf of Maintenance Crew Member II Frank Shea. Mr. Shea had received a three-day suspension without pay for habitual absenteeism. The arbitration process has been exceptionally lengthy. The arbitration was held on March 25, 1991, and May 8, 1991. Requests for extensions by the Union to submit post hearing arguments were granted; consequently, Union arguments were not submitted to the arbitrator until July 19, 1991. The arbitrator's opinion was not issued until October 2, 1991. Mr. David C. Nevins was selected as the arbitrator. The arbitrator's recommendation, found on page 22 of the decision, states that, "the grievant's suspension be revoked and that he be reimbursed for the three days of lost pay and other benefits (if any) he suffered as a result. It is further recommended that his excessive absenteeism for the period in question be made the subject of a verbal warning with a discussion record. Finally, it is recommended to the Board that the grievant's suspension, for the reasons discussed, be found as without proper just cause under the particular circumstances of his discipline." The arbitrator advised against the District's actions in the following areas: . Mr. Shea, acting within the terms of the Local One M.O.U., had removed evidence of his previous disCiplinary record from his personnel file. The arbitrator advised against basing Shea's subsequent disciplinary action on a disciplinary record which does not remain in the personnel file. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-7/91 PM SUBJECT ADOPT ARBITRATOR'S RECOMMENDATIO IN THE APPEAL OF EMPLOYEES' ASSOCIA liON, PUBLIC EMPLOYEES' UNION, LOCAL NO. ONE, ON BEHALF OF FRANK SHEA POSITION 1 PAPER 2 PAGE DATE OF October 29, 1991 . If past discipline is to be relied upon in a disciplinary action, it must be cited in the suspension notice and attached to it. It had not been cited in Shea's suspension notice. . The Arbitrator felt that Shea was treated more severely than other employees with similar absentee records based on his past disciplinary record. . Shea should have been progressively disciplined along the way instead of allowing his leave abuse to accrue to such an extent that a suspension would be warranted. District staff believes its actions served their purpose by focusing Mr. Shea's attention on a continuing serious problem. In the spirit of our Memorandum of Understanding with Local No. one and the arbitration process, staff recommends that the Board accept and adopt the arbitrator's recommendation. Accordingly, if the staff recommendation is adopted by the Board, Mr. Shea will have his three days without pay reimbursed and have his three-day suspension reduced to a Discussion Record. RECOMMENDATION: Accept and adopt the recommendation of the arbitrator in the appeal of the Employees' Association, Public Employees' Union, Local No. One as the final action of the District. 13028-9/85 PAGE 1 OF 2 NO. 8. PERSONNEL b. DATE DELETE THE SENIOR MATERIALS COORDINATOR POSITION, G65 ($3118 - $3778), AND ADD THE MATERIALS COORDINATOR III POSITION, G59 ($2706 - $3273) TYPE OF ACTION PERSONNEL SUBMITTED BY Ken F. Laverty, C.P.M. h in nd Materials Officer INITIATING DEPTJDIV. Ad m i n istrative/Purc hasing ISSUE: Board authorization is needed for personnel classification changes. BACKGROUND: In July 1987 the Board of Directors authorized the reclassification of Donald McKenery, Materials Coordinator III, G59, to Senior Materials Coordinator, G65. This reclassification was necessary because of the additional duties placed on the Materials Coordinator III for the purchasing, expediting, and purchase order administration of all materials and supplies stocked in the Materials Control inventory. Since July 1987, over fifty (50) percent of the Section's staff has changed. The new persons hired have the professional knowledge and skills to more effectively perform the purchasing duties of the District than was the case since 1987. On October 11, 1991, the Senior Materials Coordinator position became vacant due to Mr. McKenery's retirement. There now exists an opportunity to reorganize the purchasing duties of the Section (Attachment 1). To best utilize the individual capabilities of the Section's personnel and to give personnel advancement opportunities to the Section's personnel, the following changes are being recommended: that the Senior Materials Coordinator, G65 ($3118-3778), position be deleted and the Materials Coordinator III, G59 ($2706-3273), be added, effective November 21, 1991. This classification change is due to transferring the additional purchasing duties of the inventory stock items from the Senior Materials Coordinator position back to the Senior Buyer position. These recommended changes, which result in no increase in salary expense, will allow purchasing to more effectively perform the purchasing services requested by the District's departments. The Board's Personnel Committee has reviewed these changes at its October 23, 1991, meeting. RECOMMENDATION: Authorize the deletion of the Senior Materials Coordinator, G65 ($3118- 3778), and the addition of the Materials Coordinator III, G59 ($2706-3273), effective November 21,1991. INITIATING DEPTJDIV. ----~-_._-~._--'-'---~----;--- .-l .---. .--.. .-l N ......... ...... ---- ...... ...... ...... "- ...... ...... (/') (/') N -.J 0:: -.J 0:: c:r: 0 c:r:O L{') ...... I-- ...... I-- "- 0:: c:r: 0"1 0:: c:r: 0"1 l.LJ :z: L{') l.LJ :z: <:::t I-- ...... ~ I-- ...... ~ c:r:O c:r:O ::E: 0:: ::E: 0:: 0 0 .--.. 0 0 .--.. .-l U .---. U .--.. .-l -.J 0:: ---- .-l N ---- 0 l.LJ ......... ---- ...... 0:: U ...... ~ I-- ~...... 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SUBJECT DATE DENY CLAIM FROM PACIFIC BELL TELEPHONE COMPANY ALLEGING DAMAGE TO COMMUNICATIONS CABLES AND CONDUIT STRUCTURE BY A CONTRACTOR INSTALLING A SEWER LINE October 29, 1991 TYPE OF ACTION DENY CLAIM SUBMITTED BY INITI~~tRfi\'jTs~f~tive/ Risk Management and Safety Bonnie Allen, Risk Manager ISSUE: A claim for $5,000 has been received from the Pacific Bell Telephone Company alleging damage to communications cables and conduit structure by a contractor installing a sewer line for the District. Claim denials require action by the Board of Directors. BACKGROUND: The contractor, Ranger Pipelines, is performing a District construction contract (DP 46l5A) Country Gardens/Third Avenue Sewer Improvements. On August 14, 1991, while excavating in front of 2508 Buena Vista, Walnut Creek, the contractor allegedly broke a clay conduit structure and damaged Pacific Bell's communications cables. Prior to this work Ranger Pipelines made the required notifications to Underground Service Alert (USA) to mark the underground utilities in the pipe alignment, and the owners of the utilities, including Pacific Bell, marked their utilities. There was apparently a discrepancy between the street markings and the location of the communication cables indicating that the Pacific Bell lines had been mismarked. For these reasons, the staff recommends that Pacific Bell's claim be denied. The District is an additional insured on the contractor's insurance policy and has also been indemnified by the contractor. RECOMMENDATION: Deny the $5,000 communications cables and conduit structure damage claim from Pacific Bell and refer it to staff for further action as needed. INITIATING DEPT.lDIV. ~ MENDED FOR BOARD ACTION 1302A-7/91 BA PM KA C:\WP51 \BdDir\PacBeIl2.Clm