HomeMy WebLinkAboutAGENDA BACKUP 12-05-85
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Centr~
Contra Costa Sanitar District
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BOARD OF DIRECTORS
PAGE 1 OF
POSITION
PAPER
BOARD MEETING OF
De
NO.
V. BIDS AND AWARDS
1
SUBJECT DA TE
AUTHORIZE M'lARD OF A CONSTRUCTION CONTRACT FOR THE PlANNING TYPE OF ACTION
DIVISION OFFICE SPACE IMPROVEMENTS AND AUTHORIZE $26,388 AUTHORIZE CONTRACT
FROM SEWER CONSTRUCTION FUND FOR DISTRICT PROJECT NO. 20033 AUTHORIZE FUNDS
David Reindl, Assistant En ineer
SUBMITTED BY
ISSUE: On November 22, 1985, sealed bids for the Planning Division Office Space
Improvement project were received and opened. The Board of Directors must award a
contract or reject proposals within 60 days of the opening of sealed bids.
BACKGROUND: The unused future office space on the east half of the first floor of
the Headquarters Office Building has been selected as the most effective area to
consol i date the offi ces of the staff of the Pl anni ng Div i si on (see Attachment 1
for Layout). On August 30, 1985, the Board of Directors authorized funds for
design and prepurchase of materials for the project. Subsequent to that authori-
zation, engineering staff completed the design and advertised the project. Bids
were received and opened on November 22, 1985.
The District received four bids for the
Attachment 2 of thi s posi ti on paper.
Derespini Construction with a lump sum
was $25,000.
work. The bid tabulation is presented in
The lowest responsi bl e bi dder is John
bi d of $18,677. The engi neer' s estimate
A post bi d/preconstructi on cost estimate is al so attached (Attachment 3). The
total project cost is estimated at $49,888. The Board was advised in August 1985
that the estimated cost of the project would be approximately $50,000. At this
time $26,388 in additional funds is required for the construction contract,
construction management and inspection, and contingencies.
RECOM\1ENDATION: Authori ze award of the constructi on contract for the Pl anni ng
Division Office Space Improvements to John Derespini Construction, the lowest
responsible bidder. Authorize $26,388 in Sewer Construction Funds for the
construction contract, force account, and contingencies.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
ISJRw
ROGER J. DOLAN
1302A.9/85
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Attachment 2
CENTRAL Cor .'RA COSTA SANITAL.' DISTRICT
JOB Planning Division Space
LOCATION DP 20033
DATE November 22, 1985
ENGR. EST $25,000
BIDDER
NAME BID PRICE
ADDRESS
PHONE
Derespini Construction
707 Grayson Road $18,677
Pleasant Hill, CA 94523
938-2740
Malpass Construction Co.
503 Waterberry Drive $19,900
Pleasant Hi 11, CA 94523
934-6766
T. J. Construction
P.O. Box 153 $21,814
Moraga, CA 94556
376-5575
N. H. Sjoberg & Son
P. O. Box 768 $24,159
19-L Orinda Way
Or i nda, CA 94563 254-7820
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JOB
CHKD. BY_
BY __~ ~
DATE--~_____~___
DA TE_~_____
SHEET NO.__ OF____
Attachment 3
POST BID - PRECONSTRUCTlON ESTIMATE OF COSTS
FOR
DISTRICT SEWERING PROJECT 200~ ~
Planning Division Offices
% CONST.
ITEM DESCRIPTION ITEM AMOUNT TOTAL CONTRACT
1. A. Construction Contract (As Bid) . . $ 18.677 100
B. Equipment prepurchased . . . . . 7,270(1)
2. Estimated Construction Contingencies . $ ~,8q2 1';
3.
Estimated Construction Incidentals to Project Completion
Survey. . . . . . . . . . . . . . . . $
Inspection &. CQn S. t r1JC t ion .Adm i ['Ii 5 t r.a t.i on . $
Engineering. . . . . . . . . . . . . . $
-0-
7,ROO
2.000
Total Estimated Construction Incidentals . $ 9,800 $ 9,800 38
4. As-built Drawings . $ 500 2
5. Total Estimate Required to Complete Project . $ 40,139 155
6. Pre Bid Expenditures
Survey, Engineering, Printing, Advertising .$ CL 74g
Special Services .$ -0-
Right-ot-Way Acquisition. . $ -0-
7. Total Preconstruct ion Incidentals (as ot 11 /30/8/)) . . $ q,74g $ q 74q 37
8. Total Estimated Project Cost . $ 49.888 192
(Items 5 & 7)
9. Funds Previously Authorized .$ 23,500(2)
10.
Total Additional Funds Required to Complete Project.
(Item 8 minus Item 9)
(1) Included in previously authorized funds.
(2) Board authorization August 30, 1985.
. $ 26, 18R
2505-8/78
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Centrl Contra Costa Sanitar. District
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
Decembe
NO.
VI.
CONSENT CALENDAR 5
SUBJECT
DATE
QUITClAIM SEWER EASEMENT, JOB 4070,
SUBDIVISION 6541, ''WOODSIDE HILLS" -
PLEASANT HILL
APPROVE QUITCLAIM
OF EASEMENT
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT.lDIV.
Engineering Dept./Construction Div.
ISSUE: Davidon Hanes, owner-developer of Subdivision 6541, has requested the
District to quitclaim portions of the sewer easement which lies within Lot 1 and
Parcel A of Subdivision 6541.
BACKGROUND: The subject easements were dedicated to this District when the
subdivision map was filed. The al ignment of the sewer was subsequently adjusted
to conform to conditions in the field. A new easement has been granted for the
revised sewer alignment. The subject easement is no longer needed.
RECOMMENDATION: Approve Quitcl aim Deed to Davidon Hanes, Job 4070, authorize
the President of the District Board of Directors and the Secretary of the
District to execute said Quitcl aim Deed, and authorize the Quitcl aim Deed to be
recorded.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
JSM
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13021'.9/85
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INITIATING DEPT./DIV.
CENTRAL CONTRA COSTA SANITI DISTRICT
RIGHT OF WAY MAP FOR SEWER
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, IO'WIPE SANITARY
SEWER EASEMENT
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$ () B .I 1) oJ 6541
294 /lIJ 10
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CHECKED
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SCALE
DATE /O-dj-&5
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Centra..
Contra Costa Sanitar District
.
BOARD OF DIRECTORS
PAGE 1
OF 2
POSITION PAPER
NO.
VI. CONSENT CALENDAR 6
SUBJECT
APPROVE PGREEMENT RELATING TO REAL PROPERTY
WITH JACK C. GREGORY, JOB 3937, SUBDIVISION 5744,
LOT 32, BLACKHAWK AREA
DATE
November 25 1985
TYPE OF ACTION
APPROV E REAL
PROPERTY AGREEMENT
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT./DIV.
Engineering Dept./Construction Div.
ISSUE: The property owner has proposed to construct a resi dence adj oi ni ng the
District's la-feet wide sewer easement on the owner's property. A portion of the
house will cantilever over the sewer easement.
BACKGROUND: The cantilever portion of the residence will be 12 feet above
finished grade. The cantilevered section will be 63 feet long and will extend 2
feet into the easement. District staff has determined that this encroachment will
not interfere with the operation and maintenance of the public sewer facilities.
The property owner has cooperated with District staff by providing construction
drawings of the proposed residence and has paid the District's fee for processing
the subject agreement.
RECOMMENDATION: Approved the Agreement Rel ati ng to Real Property with Jack C.
Gregory, Job 3937, authorize the President of the Board of Directors and the
Secretary of the District to execute said Agreement and authorize the Agreement to
be recorded.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302/1..9/85
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REAL PROPERTY AGREEMENT
Job 3937 (Sub 5744-Lot 32)
Bl ackhawk Area
.
Centra..
Contra Costa Sanitar District
..
BOARD OF DIRECTORS
PAGE 1
ad
POSITION
PAPER
BOARD MEETING OF
Decembe
NO.
VI.
CONSENT CALENDAR 7
SUBJECT
DATE
ACCEPT THE CONTRACT WORK FOR PROJ ECT 3615,
HOLDING BASIN "c" RENOV ATION, AND AUTHORIZE
THE FILING OF THE NOTICE OF COMPlETION
ACCEPT CONTRACT WORK
SUBMITTED BY
Munawar Husain, Associate Engineer
INITIATING DEPT./DIV.
Engineering Dept./Construction Div.
ISSUE: Work has been completed on the Holding Basin "c" Renovation Project and
this work is now ready for acceptance.
BACKGROUND: The contract work included removal and disposal of 17,000 cubic yards
of sludge, recontouring of basin bottom, reconstruction of existing levees around
the basin, installation of a District-furnished pump in a new pump sump manhole
structure, pl acement of aggregate base roadway on levees, pl acement of
miscellaneous pipelines, and slope protection work using prepackaged sack-rap.
Winton Jones Contractor, Inc. was issued a Notice to Proceed on August 20, 1985.
On November 18, 1985 the work was completed by the Contractor. It is appropriate
to accept the contract work at this time. The Board will be given an overview of
this project during the presentation of the December financial statements.
RECOMMENDATION: Accept the completed contract work for Project 3615, Holding
Basin "c" Renovation, and authorize the filing of the Notice of Completion.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302/1.9/85
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INITIATING DEPT./DIV.
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Centr~
Contra Costa Sanitar District
..
BOARD OF DIRECTORS
I PAGE 1
OF 1
POSITION
PAPER I BOARD MEETING OF
December 5, 1985
NO.
VI.
CONSENT CALENDAR 8
SUBJECT
ACCEPT THE CONTRACT WORK FOR CONSTRUCTION OF THE
LANCASTER ROAD, WALNUT CREEK, PARALLEL TRUNK SEWER
PROJ ECT AND AUTHORIZE THE FILIf\G OF THE NOTICE
OF COMPLETION <DISTRICT PROJ ECT 4082)
DATE
November 27, 1985
TYPE OF ACTION
ACCEPT CONTRACT WORK
SUaMlTTED BY
10m Irice, Engineering Assistant
INITIATING DEPT./DIV.
Engineering Dept./Construction Div.
ISSUE: Work has been compl eted on the Lancaster Road, Wal nut Creek, Parallel
Trunk Sewer Project and the contract work is now ready for acceptance.
BACKGROUND: The contract work included excavating and laying 406 feet of IS-inch
PVC and 1,001 feet of 12-i nch PVC pi pe, constructi ng four new trunk manhol es as
well as the installation of ten backwater overflow devices and three cleanouts on
existing homes along Lancaster Road in Walnut Creek.
ORCA Construction Company was issued a Notice to Proceed on September 23, 1985.
On November 1, 1985, (the required completion date) the work was completed by the
Contractor. It is appropriate to accept the contract work at this time. The
Board will be given an overview of this project during the presentation of the
December financial statements.
RECOMMENDATION: Accept the contract work for construction of the Lancaster Road,
Wal nut Creek, Parallel Trunk Sewer Proj ect <District Proj ect 4082) and authorize
the filing of the Notice of Completion.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A.9/85
TAT
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ROGER J. DOLAN
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INITIA TING DEPT./DIV.
.
Centr.... Contra Costa Sanitar. District
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION PAPER
BOARD MEETING OF
December 5, 1985
NO.
VI.
CONSENT CALENDAR 9
SUBJECT
ESTABLISH DECEMBER 19, 1985, AS THE DATE FOR A PUBLIC
HEARING TO CONSIDER AMENDING THE LIST OF DESIGNATED
POSITIONS REQUIRED TO FILE ANNUAL DISCLOSURE STATEMENTS
PURSUANT TO THE DISTRICT'S CONFLICT OF INTEREST CODE
DATE
November 25, 1985
TYPE OF ACTION
SET PUBLIC HEARING
SUBMITTED BY
JOYCE E. McMILLAN
SECRETARY OF THE DISTRICT
INITIATING DEPT.lDIV
ADMINISTRATIVE
ISSUE: A need exists to update the designated positions contained in Exhibit A of
the District1s Conflict of Interest Code. Prior to amendment of the list of desig-
nated positions, Government Code Section 87311 requires that a public hearing be
conducted.
BACKGROUND: Since the Central Contra Costa Sanitary District Conflict of Interest
Code was adopted in 1976, the District has undergone organizational changes resulting
from District growth and centralization of functions. In some cases certain positions
in the District which previously entailed discretionary duties and decision making
which could foreseeably have a material effect on a financial interest, no longer
act in those capacities. Amendment to the District Conflict of Interest Code desig-
nated positions is necessitated by these changed circumstances, including the creation
of new positions and relevant changes in the duties assigned to existing positions.
At this time it woul~ be appropriate for the Board of Directors to set a public
hearing to review the designated positions.
RECOMMENDATION: Establish a public hearing date of December 19, 1985, to consider
adoption of a resolution amending designated positions and disclosure categories of
the District1s Conflict of Interest Code and direct the Secretary of the District
to publish notice of the time and place of the public hearing.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
IY/
JEM
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Centr&. Contra Costa Sanitar. District
BOARD OF DIRECTORS
PAGE 1
OF 1
POSITION
PAPER
BOARD MEETING OF
December 5, 1985
NO.
VII. ADMINISTRATIVE 1
DATE
November 25, 1985
SUBJECT
ADOPT RESOLUTION ESTABLISHING 1985-1986
APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B
OF THE CALIFORNIA CONSTITUTION (PROPOSITION 4)
TYPE OF ACTION
ADOPT APPROPRIATIONS
LIMIT
SUBMITTED BY
INITIATING DEPT./DIV.
Walter N. Funasaki, Finance Officer
Administrative/Accounting & Finance
ISSUE: The Central Contra Costa Sanitary District is required to establ ish its
appropriations limit in accordance with Article XIII B of the California Constitution.
BACKGROUND: On November 7,1985, the Board of Directors authorized posting a public
notice of the availabil ity of documentation in support of the District's
appropriations limit. As statutorily required, the public notice was made at least 15
days prior to the December 5, 1985 Board Meeting at which the adoption of the
appropriations limit is recommended.
The Sewer Construction Fund (Capital Fund) appropriations limit is $8,416,165 for the
1985-1986 fiscal year.
RECOMMENDATION: Adopt a resolution establishing the Sewer Construction Fund
appropriations 1 imit in the amount of $8,416,165 for the 1985-1986 fiscal year, in
accordance with Article XIII B of the California Constitution (Proposition 4).
REVIEWED AND RECOMMENDED FOR BOARD ACT/ON
;;;;::.
INITIATING DEPT./DIV.
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1302,4.9/85
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RESOlUTION NO. 85-
A RESOlUTION ESTABLISHING APPROPRIATIONS
LIMIT FOR FISCAl YEAR 1985-1986
WHEREAS, the Central Contra Costa Sanitary District is required under
Articl e XIIIB of the State of Cal1forni a Constitution to establi sh and
adopt an Appropriations Limit for each fiscal year; and
WHEREAS, said District has determined the Appropriations Limit of its
Sewer Construction Fund (Capital Fund) for fiscal year 1985-1986 to be
$8,416,165.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the
Central Contra Costa Sanitary District, does hereby adopt Appropriations
Limit for said Fund in the amount of $8,416,165 for the fiscal year
ending June 30, 1986.
PASSED AND ADOPTED this 5th day of December, 1985, by the District
Board of the Central Contra Costa Sanitary District by the following
vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of Central Contra
Costa Sanitary District, County of
Contra Costa, State of California
Approved as to Form:
James L. Hazard
District Counsel
.
Centre.. Contra Costa Sanitar I District
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
December 5, 1985
NO.
VI!.
ADMINISTRATIVE 2
SUBJECT
DATE
December 2, 1985
AUTHORIZE THE EXECUTION OF A CONSULTANT
AGREEMENT FOR A RISK MANAGEM:NT STUDY AT
A COST OF $15,000
TYPE OF ACTION
AUTHORIZE EXECUTION
OF A CONSULTANT
AGREEMENT
SUBY~JRD~~ Campbell
Administrative Operations Manager
INITIAA~~lhEn~~t i ve
Risk Management and Safety
ISSUE: The District insurance committee recommends that a risk management
consultant be retained to prepare an analysis of the District's insurance program,
potential loss exposures and the risk financing alternatives for the development of
the 1986-87 budget.
BACKGROUND: The District's insurance premiums for liability and property damage
coverage increased more than 400 percent for the 1985-86 year and there are
indications that the tight insurance market will continue at least through the
1986-87 fiscal year. In previous discussions with the staff the Board has directed
that a risk management planning study be made which will provide information and
alternatives for the budgetary decisions which will be needed for the 1986-87 fiscal
year.
The staff requests that Mr. David Warren be retained to assist the staff with the
planning study and perform the risk analysis. Mr. Warren was involved with the
previous analysis and insurance recommendations made by Warren, McVeigh and Griffin
for the District in 1978. He is now an independent consultant working out of
Orinda. Mr. Warren is a fire protection engineer, a Chartered Property Casualty
Underwriter (CPCU), and the founder and president of the Institute of Risk
Management Consultants. He is the senior author of "Practical Risk Management for
Publ ic Agencies" and has done consulting for many publ ic agencies including the
Contra Costa County Municipal Risk Management Insurance Authority, Alameda County,
and the University of California.
His task for CCCSD will be to review the existing risks facing the District, evaluate
their scope and probability, and recommend methods by which they can best be
handled. Specifically, he will:
o Review the District's insurance program for appropriateness under the present
and expected conditions of the insurance marketplace.
o Review sanitary district risk categories and develop expected loss
probabil ities.
o Develop recommendations for risk retention through an internal funding
mechanism.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
F ENG.
INITIATING DEPT.lDIV.
7
PM
SUBJECT
AUTHORIZE THE EXECUTION OF A CONSULTANT
AGREEMENT FOR A RISK MANAGEMENT STUDY AT
A COST OF $15,000
POSITION
PAPER
PAGE
DATE
2
OF
2
Decembe r 2, 1985
o Present recommendati ons on ri sk transfer through revi si ons in the insurance
program and the utilization of other means available to the District.
o Explore ways to protect the District from catastrophic losses and minimize the
adverse financial impact.
The 1985-86 Risk Management Operations Budget has $2,000 available for an insurance
consultant because it was anticipated that only a routine renewal of the District's
insurance policies would be needed. This more comprehensive study will overrun the
budget but the staff believes that this is justified under the circumstances.
RECOMMENDATION: Authorize the execution of a consultant agreement with Mr. David
Warren to perform a District Risk Management Study at a cost of $15,000.
'----------
13026- 9/85
.
CentrL Contra Costa Sanitar I District
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION
PAPER
BOARD MEETING OF
December 5, 1985
NO.
VIII. ENGINEERING 1
DATE
December 2, 1985
SUBJECT
CONSIDER THE REQUEST BY MR. DAVID DEUTSCHER FOR THE
CONDEMNATION OF A PUBLIC SEWER EASEMENT IN THE
PLEASANT HILL AREA (JOB 4048)
TYPE OF ACTION
INFORMATION
SUB~ITTED.BX. ..
Jay MC~OY, Constructlon Divislon Manager
INlIlATING DEPT./DIV.
tnglneerlng Dept./Construction Div.
ISSUE: The Board gave instructions at its meeting of November 19, 1985 to carry
this request over to the December 5, 1985 meeting for further action or a status
report.
BACKGROUND: It appears that efforts to resol ve the issues discussed at the
November 19, 1985 Board Meeting are stil' underway. The previous Position Paper
is attached for reference. Staff will report on the progress thus far.
RECOMMENDATION:
easements.
Hear staff report on the progress to secure the necessary
REVIEWED AND RECOMMENDED FOR BOARD ACTION
RAB
ATTACHMENT
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Centr"
Contra Costa Sanital 'District
.
BOARD OF DIRECTORS
PAGE 1 OF
POSITION PAPER
BOARD MEETING OF
November 7, 1985
NO.
CONSIDER THE REQUEST BY ~. DAV ID DEUTSCHER FOR THE
CONDEMNATION OF A PUBLIC SEWER EASEMENT IN THE
PLEASANT HILL AREA (Joo 4048)
VIII. ENGINEERING 1
DATE
November 5, 1985
TYPE OF ACTION
CONSIDER
CONDE t+J AT ION
REQUEST
SUBJECT
SUBMITTED BY INITIATING DEPT./DIV.
Jay McCoy, Construction Division Manager Engineering Dept./Construction Div.
ISSUE: Mr. David Deutscher, developer of Subdivision No. 6668 in Pleasant Hill,
has requested the Board to consider the condemnation of an offsite public sewer
easement.
BACKGROUND: Mr. Deutscher is developing a 26 lot subdivision in Pleasant Hill at
the northeast corner of Taylor Boulevard and Grayson Road. The nearest existing
sanitary sewer system is within Linda Lane at the northern boundary of the
proposed subdivision. The proposed development is too low to gravity sewer to this
existing system. The filling of the development area has been investigated but
the city of Pleasant Hill will not allow the site to be filled.
The three alternatives available to provide sewer service to Subdivision 6668 are
outlined below, along w.ith comparative advantages and disadvantages:
ALTERNATIVE
ADV ANT JIG ES
DISADVANTJlGES
1. Installation of approximately
250 feet of grav ity sewer to
the east across a creek and
through an easement on private
property to Strand Avenue.
o Moderate first
cost.
o Requires condemnation
(condemnation costs
are uncertain).
o Disruption to
fewer properties
during construc-
t ion.
o Future maintenance
costs for easement
sewer and creek
crossing.
o Added responsibility
for maintenance of
creek.
o Risk of failure of
creek crossi ng.
o Existing downstream
sewer is in poor
condition.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1ft[>
RAB
,
SUBJECT
CONSIDER THE REQUEST BY MR. DAVID DEUTSCHER FOR THE
CONDEMNATION OF A PUBLIC SEWER EASEMENT IN THE
PLEASANT HILL AREA (JOB 4048)
2. Installation of a sewage pumping 0 Low first cost.
station for the subdivision.
o No disruption to
surrounding
properti es.
3. Installation of approximately
800 feet of parallel 8-inch
sewer in Linda Lane at a lower
el evation.
o Normal operation
and maintenance
costs.
o Eliminates one
existing section
of sewer in
sewer easement.
POSITION PAPER
PAGE
DATE
2
OF 5
November 5, 1985
o High future operation
and maintenance cost.
o Risk of sewage over-
flows during power
or equipment failures.
o Highest first cost.
o Highest disruption
to surrounding
properties.
o Requires a 24-foot
deep sewer which
could be expensive
to repair in future.
The alternatives are shown on the attached map. Cost estimates for the first cost
and present worth of additional operation and maintenance (O&M) costs of the three
alternatives follow:
o Alternative No.1: Staff estimates very approximately $60,000 first
cost, including condemnation.
Present worth of 50 years of additional O&M costs is
approximately $111,000.
o Alternative No.2: Staff estimates very approximately $45,000 first
cost.
Present worth of 50 years of additional O&M costs is
approximately $137,000.
o Alternative No.3: Staff estimates very approximately $84,000 first
cost. Deutscher estimates very approximately
$150,000 to $200,000.
No additional O&M costs.
Mr. Deutscher has reportedly attempted to obtain a sewer easement through a parcel
on Strand Avenue owned by Mr. and Mrs. Stokes (Alternative No.1). The parties
have apparently been unable to agree on price and terms.
-------.
13028.9/85
SUBJECT
POSITION PAPER
CONSIDER THE REQUEST BY MR. DAVID DEUTSCHER FOR THE
CONDEMNATION OF A PUBLIC SEWER EASEMENT IN THE
PLEASANT HILL AREA (JOB 4048)
.
PAGE
DATE
3 OF 5
November 5, 1985
Mr. Deutscher has approached District staff with a request to condemn the easement
requi red for Alternative No.1. District staff has advised Mr. Deutscher that
past Board policy has been not to pursue private condemnations except in the case
of compelling public need. Since there are other viable alternatives, Mr.
Deutscher was advised that his request does not seem to fit past Board policy.
Mr. Duetscher has disagreed with the staff's position on this matter and feel s
that Alternative No. 1 is superior to Alternative No.3. In addition, Mr.
Deutscher has requested that the District write a letter of support for a private
condemnation to the city of Pleasant Hill should the District decide to decline to
proceed individually on a condemnation on Mr. Deutscher's behalf.
Staff has made a technical eval uation of the three al ternatives to serve the
Deutscher development. It is recommended that Alternative No. 2 be eliminated
because of the cost of future operations and maintenance and because of the risk
of future sewage spill s due to equi pment fail ure. Alternative Nos. 1 and 3 are
judged to be roughly equivalent from a technical perspective. The initial cost of
Alternative No. 1 is less than Alternative No.3, but Alternative No. 1 has a risk
of creek bank failure in the future and has the disadvantage that the downstream
sewer is in poor repair and will likely need to be replaced sooner than would
otherwise be required because of the extra load imposed by the Deutscher
development.
In the absence of a clearly superior technical alternative to serve the Deutscher
development, staff defers to the Board for policy guidance in this matter.
Previous Boards have typically declined to condemn sewer easements when other
feasible alternatives Cother than pumping) have been available. It is suggested
that the Board consider the following factors in rendering its decision in this
case:
o The relative benefits to the public represented by Alternative No.
1 versus Alternative No.3.
o The hardship, if any, that would be incurred by the Stokes family by
the condemnation process which may be followed if Alternative No.1
is chosen.
o The precedent that would be set in the future by the Board action in
th i smatter.
o Legal considerations relative to the condemnation process.
RECOMMENDATION: Consider the facts in this case and provide policy guidance to
the staff in this matter.
--------
13028-9/85
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.
Centr~ Contra Costa Sanitar.l District
BOARD OF DIRECTORS
PAGE 1 OF 4
POSITION
PAPER
BOARD MEETING OF
December 5, 1985
NO.
VII 1.
ENGINEERING 2
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXEaJTE A
CONTRACT WITH Ja-tN CAROLLO ENGINEERS AND AUTHORIZE $92,300
FROM THE SEWER CONSTRUCTION FUND FOR DESIGN OF WALNUT CREEK
DOWNTOWN PARALLEL PROJECT (DP 1997)
DATE
November 27, 1985
TYPE OF ACTION
AUTHORIZE CONTRACT
AUTHORIZE FUNDS
SUBMITTED BY
David R. Williams
Engineering Division Manager
INITIA TING DEPT./DIV.
Engineering Department/
Engineering Division
ISSUE: Board approval is requested for the General Manager-Chief Engineer to
execute a contract with John Carollo Engineers and to authorize $92,300 from the
Sewer Construction Fund for the design of the Walnut Creek Downtown Parallel
Proj ect .
BACKGROUND: The Wa1 nut Creek Downtown Para11 e1 Proj ect consi sts of construction
of an 8400 foot, isolated section of 60-inch diameter pipeline within the Southern
Pacific Rail road right-of-way in the City of Wa1 nut Creek, Ca1iforni a, between
Arroyo Way and Rudgear Road (see Attachment 1). The pipeline would begin north of
the exi sti ng Wa1 nut Creek Channel at the southern edge of Arroyo Way. The
pipeline would end south of the Southern Pacific Railroad right-of-way crossing of
San Ramon Creek, which is north of the intersection of Rudgear Road with Danville
Boulevard and the Southern Pacific Railroad right-of-way. Neither end of the
pipeline would be connected to the existing Central Contra Costa Sanitary District
sewage transport system in the project area until a later date. This project is
proposed for construction now based on a unique, one time opportunity for the
District to incorporate the project with the construction of the already approved
Walnut Creek/ San Ramon Creek Bypass Flood Control Channel Project.
The project will u1 timate1y serve as a segment of a trunk sewer system which will
be required south of the project area to meet future demands for District sewer
services. The project is scheduled for construction in the Spring of 1986, which
requires design completion this year. The construction cost of this District
project is estimated at approximately $3,200,000 based on 1985 costs. <This is
exclusive of construction management costs and property acquistion cost).
A cost reimbursement contract with a cost ceiling of $45,100 has been negotiated
with the engineering firm of John Carollo Engineers of Walnut Creek to provide
design services for one element of the project. This firm was selected because of
their experience in the design of large diameter sewers involving mu1tibarre1
si phons and because thi s is a follow-on task to the Watershed 33 Trunk Sewer
Predesign report performed by Carollo. Carollo will eva1u.te alternative inverted
siphon configurations and recommend and design the selected siphon configurations.
As part of their design effort, Carollo will also provide detailed hydraulic and
loading calculations and specifications for the sewer pipeline design. District
forces will direct the consultant's work, provide technical drafting, right-of-
way support, and prepare contract documents which will be incorporated as part of
REVIEWED AND RECOMMENDED FOR BOARD ACTION
Dew
INITIATING DEPT./DIV.
1302A-9/85 DRW
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A
CONTRACT WITH JOHN CAROLLO ENGINEERS AND AUTHORIZE $92,300
FROM THE SEWER CONSTRUCTION FUND FOR DESIGN OF WALNUT CREEK
DOWNTOWN PARALLEL PROJ ECT <DP 1997)
POSITION
PAPER
PAGE 2 OF
DATE
4
November 27, 1985
the overall design package being coordinated by the U. S. Army Corps of Engineers
for the Flood Control Channel Project.
The estimated cost to complete design of the project is $92,300. A breakdown of
this total is provided in Attachment 2. This authorization will supplement an
existing account in Watershed 35 North for this work. This project is included
in the Five-Year Capital Improvement Plan.
RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a
contract for professional engineering services with John Carollo Engineers, and
authorize $92,300 from the Sewer Construction Fund for design of District Project
No. 1997.
-..-------
13028-9/85
Attachment 1
Page 3 of 4
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Page 4 of 4
WALNUT CREEK DOWNTOWN PARALLEL AND
TRUNK SEWER RELOCATIONS
ESTIMATED COST TO COMPLETE DESIGN
November 27, 1985
John Carollo Engineers
$ 45,100
o Trunk sewer design
o Siphon design
District Forces
35,100
o Relocation design
o Drafting
o Proj ect Management
Subtotal
$ 80,200
Conti ngency (1)
12,100
TOT AL
$ 92,300
(1) If necessary, District staff will use this contingency to issue contract
change orders to John Carollo Engineers to expand its scope of work or to
fund additional force account work.
.
Centra..
Contra Costa Sanitar District
. -
BOARD OF DIRECTORS
I PAGE 1
OF 3
POSITION
PAPER I BOARD MEETING OF
December 5. 1985
NO.
VIII.
ENGINEERING 3
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER
TO EXECUTE AGREEMENTS WITH ENVIRONMENTAL SCIENCE
ASSOCIATES AND URBAN ALTERNATIVES FOR ENVIRONMENTAL
AND PUBLIC PARTICIPATION SERVICES FOR THE SAN RAMON
VALLEY SEWER IMPROVEMENT PROJECT
DATE
November 27, 1985
TYPE OF ACTION
AUTHORIZE
AGREEMENTS
SUBJECT
SUBMITTED BY
CURTIS w. SWANSON, PRINCIPAL ENGINEER
INITIATING DEPT./DIV.
ENGINEERING/PLANNING
ISSUE: Board of Directors approval is required for agreements with Environmental
Science Associates and Urban Alternatives to prepare the environmental impact
report (EIR) and conduct the public participation program for the San Ramon Valley
Sewer Improvement Project.
BACKGROUND: District planning studies have identified a need for a new trunk
sewer to accommodate growth in the San Ramon Valley section of the District
service area. The new trunk sewer will extend approximately ten mil es from
Rudgear Road in Walnut Creek to the Larwin Pump Station in San Ramon. The new
sewer will supplement the existing 21 to 36 inch sewer that now serves the valley.
The District pl ans to construct the new trunk sewer in three phases over the next
five to eight years. The first phase will be constructed during 1987. The
District has completed a prel iminary design report which evaluated several sewer
al ignments through the valley. The best apparent al ignment is the abandoned
Southern Pacific railroad right-of-way.
As part of the planning process for the sewer improvement project, an EIR must be
prepared which complies with the California Environmental Quality Act and District
environmental review regul ations. District staff formally requested proposal s
from five firms that prepare EIRs. After interviews with the firms, the staff has
selected Environmental Science Associates (ESA) to prepare the EIR for the San
Ramon Valley Project. ESA will prepare the Draft EIR for a lump sum price of
$57,736. Preparation of the Final EIR which includes responses to comments
received on the Draft EIR will be performed on a cost reimbursement basis with a
cost ceiling of $9,500.
In conjunction with the EIR, District staff plan to conduct a public participation
program. The obj ectives of thi s program will be to sati sfy the requi rements of
CEQA and to elicit concerns about the sewer improvement project during preparation
of the Draft EIR. These concerns will then be addressed as part of the Draft EIR,
which will reduce the effort on the Final EIR.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
/'\
INr~pT.iDIV
130211.9/85
CWS
fML
JMK
Jf/i{
RAB
\ ~CiY;t;:G.
ROGER J. DOLAN
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER
TO EXECUTE AGREEMENTS WITH ENVIRONMENTAL SCIENCE
ASSOCIATES AND URBAN ALTERNATIVES FOR ENVIRONMENTAL
AND PUBLIC PARTICIPATION SERVICES FOR THE SAN RAMON
VALLEY SEWER IMPROVEMENT PROJECT
POSITION PAPER
PAGE Page 2 ~f 3
DATE
November 27, 1985
District staff has selected Urban Alternatives to define and implement a public
participation program for the San Ramon Valley Project. Urban Alternatives
provided public education services for the solid waste study conducted by the
District last year. Staff was very pleased with their efforts on the solid waste
study and feel that their involvement on the San Ramon Valley Project will
minimize delays in the environmental review process. As part of their scope of
work, Urban Alternatives will conduct a seminar to train District staff in public
participation techniques. Urban Alternatives will provide the public participation
services on a cost reimbursement basis at a cost not to exceed $17,500.
Funds for preparation of the EIR and public participation program were previously
authorized by the Board. No additional funds are being requested as part of this
position paper. A 15% contingency has been set aside from the previous
authorizati on for EIR-rel ated activities. If necessary, Di stri ct staff will use
this contingency to issue contract change orders to ESA and Urban Alternatives to
expand their scopes of work.
RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute the
agreements with Environmental Science Associates and Urban Alternatives for EIR
preparation and public participation services for the San Ramon Valley Sewer
Improvement Project.
---------
1302B- 9/85
ATTACH~NT 1
SUMMARY..OF CONSUL TANT roSTS
FOR EIR.ANDPUBl IC PARTICIPATION
FOR THE SAN .RAK>N..VALlEY. SEWER IMPROVEMENT PROJECT
Consultant
Environmental Science Associates
Draft EIR
Fi nal EIR
Subtotal
~
$ 57,736
9,500
$ 67,236
Urban Alternatives
Public Participation Program
Contingency (15%)
TOTAL
$ 17,500
12,700
$ 97,436
Page 3 of 3
._---_..._--_._---,..._-~----,..-_..~,-..~_..__.__.
.
Centrl.
Contra Costa Sanitar. District
BOARD OF DIRECTORS
SUBJECT
PAGE 1 OF 4
NO.
VII I. ENGINEERING 4
DATE
FUND
TYPE OF ACTION
AUTHORIZE FUNDS
POSITION
PAPER
BOARD MEETING OF
AUTHORIZE $126,000 FROM THE SEWER CONSTRUCTION
FOR DISTRICT WATERSHED PLANNING
SUBMITTED BY
Jack Case, Associate Engineer
INITIATING DEPT./DIV.
Engineering Dept./Planning Division
ISSUE: Additional funds are needed and Board approval is necessary to enable the
District to continue watershed planning activities, including complying with the
California Environmental Quality Act (CEQA).
BACKGROUND: The District's sewer system is divided into 21 watershed areas; each
watershed corresponds to a defined drainage basin. The District collects
watershed fees to fund capital improvements to the sewer system # Staff performs
engineering and environmental studies in support of the sewer capital
improvement program. Each year, staff presents the Board of Directors with an
authorization request to fund watershed engineering studies for the following 12
months. The 1 ast annual watershed fundi ng request was in September 1984, for
$86,600. This year staff is accelerating the watershed sewer improvements program
to meet the growth demands in the District's service area. Consequently, $126,000
is needed to fund watershed engineering and environmental studies over the
following 12 months beginning December, 1985.
The proposed staff watershed engineering work can be divided into three major
categori es. The fi rst category is local sewer system capacity analysi s. Staff
will perform hydraulic studies to determi ne the need for sewer improvements as a
result of proposed developments. The funding request for this activity is based
on anticipated development activity. Planning Division staff members use land use
data, collection system data, and District design standards as input to a computer
program that performs the local capacity hydraulic analyses.
The second major category of proposed watershed engineering work is environmental
studies. Two environmental studies are required in Watershed 35 South (Sycamore
Valley) in the next six months. Staff studies indicate that the Camino Tassajara
trunk sewer does not have adequate capacity for the proposed development that will
occur in the Sycamore Valley Assessment District. A consultant will be retained
to perform the initial environmental study and to prepare appropriate
environmental documents for the two studies. District staff will manage the
project and compile background information.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302/1-.9/85
JMK
RAB
fI~
JHC
1A~
11JP
INITIATING DEPT./DIV.
su~tffHORIZE $126,000 FROM THE SEWER CONSTRUCTION FUND
FOR DISTRICT WATERSHED PlANNING
POSITION PAPER
2
4
PAGE OF
~bgember 8, 1985
The third category of watershed engineering work will be the performance of sewage
flow measurements. These measurements provide follow-up to studies done from
October 1984 through March 1985 as part of the overall Sewer Master Pl an and
will further refine design parameters for future sewer improvements.
The proposed flow monitoring will be conducted by District Collection System
Operations personnel utilizing portable equipment.
A detailed breakdown of estimated watershed engineering study costs is attached.
RECOMMENDATION: Authorize $126,000 in sewer construction funds for work required
to continue the watershed planning effort and to comply with the Cal ifornia
Environmental Quality Act.
1.....______.
1302B-9/85
Page 3 of 4
ATTACHMENT 1
ESTIMATED COSTS FOR
DISTRICT WATERSHED ENGINEERING S11JDIES
FOR 12 KlNTHSBEGINNING DECEteER, 1985
Local Sewer System Capacity Analysis
COST
1.
Staff force account to maintain
land use and collection system data base
$ 26 ,000
2.
Staff force account to perform
local capacity analyses
29,000
3.
Survey work in support of
engineering studies
11,000
SUBTOTAL
$ 66,000
Environmental Studies
1.
Staff force account for
environmental work
$ 8,000
2.
Environmental consultant costs
11 ,000
SLBTOTAL
19,000
Flow Monitori ng
1. Staff force account for
flow mon itori ng $ 14,000
2. Equipment purchase (portable fl ow meters) 22,000
3. Consul tant for training and startup 5,000
SUBTOTAL 41,000
TOT AL $ 126,000
Watershed No.
3700
2
3
8
10
11
13
15
22
23
24
27
29N
29S
33S
33
34N
345
35N
35S
43
44
ATTACHMENT 2
DISTRIBUTION OF FUNDS
REQUIRED BY WATERSHED
Funds Required
$ 41,000
1,350
2,300
300
400
1,580
3,580
1 ,380
2,280
15,350
7,250
2,150
1,450
1,450
2,350
5,250
1,650
2,350
600
25 ,750
5,080
1,150
$ 126,000
Page 4 of 4
.
Centr~ Contra Costa Sanitar I District
BOARD OF DIRECTORS
PAGE 1 OF 6
POSITION PAPER BOARD MEETI~eg'ember 5, 1985
SUBJECT EXECUTE PGREEMENTS WITH CONTRA COSTA COUNTY AND THE
CONTRA COSTA COUNTY REDEVELOPMENT PGENCY AND GRANT OF
EASEMENT FOR THE PURCHASE OF PROPERTY RIGHTS IN THE
ABANDONED SOUTHERN PACIFIC RAILROAD RIGHT-Of-WAY AND
AUTHORIZE $5.4 MILLION FROM THE SEWER CONSTRUCTION FUND,
DISTRICT PROJECT 7
NO.
VIII. ENGINEERING 5
DATE
November 27, 1985
TYPE Df~CljfE J1GREEMENT
AUTHORIZE fUNDS
SUBMITTED BY
Jay S. McCoy, Construction Div. Manager
INITIATING DEPT./DIV.
Engineering Dept./Construction Dept.
ISSUE: Board approval is required for execution of an agreement with Contra Costa
County to purchase property rights in the Southern Pacific Railroad Right-of-Way.
BACKGROUND: In June, 1985, John Carollo Engineers completed a predesign report
for the District which describes alternatives for providing future sewer capacity
for the San Ramon Valley. (Watershed 33, Trunk Sewer Pipe1 ine PredesiQn Report).
The report conc1 udes that the Di strict needs to begi n constructi ng a San Ramon
Valley sewer trunk line by 1987. The report identifies three alternative trunk
sewer line routings of approximately a ten mile length. Each of the alternative
routings utilizes all or part of the Southern Pacific Right-of-Way. The best
apparent alternative utilizes the Southern Pacific Right-of-Way exclusively.
Contra Costa County has been negotiating with the Southern Pacific Transportation
Company for the purchase of the Southern Pacific Right-of-Way in Contra Costa
County. The County has approached Central Contra Costa Sanitary District with an
offer to participate in the Right-of-Way purchase. After consultation with the
Board of Directors, staff decided to negotiate with the County for the purchase of
easement rights for a 15-1/2 mile length of the Southern Pacific Right-of-Way.
The easements are shown generally on Attachment No.1. The major reason for this
decision is that the present is the best, and possibly the last opportunity for
the District to reserve space for a future trunk sewer line. An Environmental
Impact Report will be completed by the District before any sewer trunk line
construction project would be authorized.
The Board of Directors of the District on October 17, 1985, held a public hearing
to consider the environmental effects of the acquisition of property rights in the
Southern Pacific Right-of-Way for the installation of the future trunk sewer. On
the same day, the Board adopted a Negative Declaration and approved a project for
the acquisition.
District staff has negotiated two purchase agreements including the Grant of
Easement with Contra Costa County for the acquisition of easements in the
abandoned Southern Pacific Rail road Right-of-Way. Two agreements are necessary
because the property in question is held by the County under two separate
ownerships: the County proper and the County Redevelopment Agency. The two
agreements are similar in content except for the name of the owner who will grant
fpL
KFL
SUBJECT EXECUTE AGREEMENTS WITH CONTRA COSTA COUNTY AND THE
CONTRA COSTA COUNTY REDEVELOPMENT AGENCY AND GRANT OF
EASEMENT FOR THE PURCHASE OF PROPERTY RIGHTS IN THE
ABANDONED SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY AND
AUTHORIZE $5.4 MILLION FROM THE SEWER CONSTRUCTION FUND,
DISTRICT PROJECT 3733
the easements. Highlights of the agreements are listed below:
POSITION PAPER
PAGE
DATE
2
OF
6
November 27, 1985
o Minimum of a 12-foot wide subsurface and 20-foot wide surface
easements will be granted from Monument Boulevard to Larwin Pump
Station to reserve space for future sewer lines (a dlstance of about
15-1/2 mil es) .
o Easements of various widths will be granted over existing sewers
from Monument Boulevard to Greenbrook Drive.
o The granting of the easements will take place in accordance with a
schedule which is contained in the purchase agreement.
o The purchase agreement provides for a payment of $2.2 million this
year for easements in Walnut Creek, Alamo, and Danville areas.
o In the event that the County does not own all of the property by the
time the District needs the future easements, the purchase agreement
provides for a mechanism whereby the District may acqui re property
in fee directly from the Southern Pacific Transportation Company at
the prices contained in the County's purchase agreement with
Southern Pacific Transportation Company.
o The agreement provides for temporary construction access rights for
the District's future pipeline installation.
o The agreement provides for the protection of District sewer
facilities from future surface use of the right-of-way by the
County.
o The agreement requires the County to assume responsibil ity for the
maintenance of the surface of the right-of-way.
o The agreement provides for payment by the Sanitary District of a
maximum of one-half the cost of the future relocation of the
existing Southern Pacific petroleum products pipeline in the narrow
(50 and 60-foot wide) sections if the County constructs a fixed
gui deway transit system. Thi s future potenti al cost is estimated
very approximately at $1 million.
o The agreement provides the Sanitary District with the right to
purchase an additional 12-foot width of the right-of-way in the
narrow (50 and 6D-foot wide) sections.
The proposed agreement with the County splits the acquisition of easement rights
into three separate purchase packages to be executed over a three year period.
The District is obligated to execute each of the three purchase packages if the
--------..
13028-9/85
SUBJECT EXECUTE AGREEMENTS WITH CONTRA COSTA COUNTY AND THE
CONTRA COSTA COUNTY REDEVELOPMENT AGENCY AND GRANT OF
EASEMENT FOR THE PURCHASE OF PROPERTY RIGHTS IN THE
ABANDONED SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY AND
AUTHORIZE $5.4 MILLION FROM THE SEWER CONSTRUCTION FUND,
DISTRICT PROJECT 3733
POSITION PAPER
PAGE 3 OF 6
DATE
November 27, 1985
County succeeds in getting the necessary funding to satisfy its purchase agreement
with the Southern Pacific Transportation Company. The total cost of the three
purchase packages is $5.4 million. The District will only pay for rights that the
County owns outright.
The proposed agreement with the County also contains options for possible further
property acquisitions in the future. These options fix the price and conditions
of future property acquisitions, but do not obl igate the Board to execute the
options at this time. When and if staff decides to recommend that these options
be executed, the Board will be provided with an appropriate Position Paper for its
consideration. A summary of the options in the agreement with the County follows:
o The District has an option to purchase easement rights for an
additional 12-foot width of the 15,400 foot long narrow section of
the right-of-way for $375,000 beginning in January, 1988. The price
is fixed for one year and escalates thereafter.
o If the County fails to purchase fee title by December 31, 1986, from
the Southern Pacific Transportation Company for the Segment II
sections of the right-of-way, then the District can exercise the
County's purchase option and purchase in fee title all of the
Segment II right-of-way from the Southern Pacific Transportation
Company for $5,000,000.
o If the County fails to purchase fee title by December 31, 1987, from
the Southern Pacific Transportati on Company for the Segment III
sections of the right-of-way, then the District can exercise the
County's purchase option and purchase in fee title all of the
Segment III right-of-way from the Southern Pacific Transportation
Company for $5,000,000.
The agreements are the product of an intensive series of negotiations and provide
the District with the rights needed for the installation of future, essential
trunk sewer facil ities. The District negoti ati ng committee was composed of Jay
McCoy, Ken Laverty, Curt Swanson, Jim Kelly, and Attorney Kent Alm.
This project is included in the Five Year Capital Improvements Plan. Attachment
Nos. 2 and 3 summarize the present and future costs of the right-of-way
acquisition including discretionary costs of executing future options.
RECOMMENDATION: Approve the execution of the agreements incl uding the grant of
easement with Contra Costa County and the Contra Costa County Redevelopment Agency
for the purchase of property rights in the abandoned Southern Pacific Railroad
Right-of-Way and authorize $5.4 million from the Sewer Construction Fund, District
Project 3733 and adopt a resolution to that effect.
--------..
13028-9/85
Attachment
1
page 4 of 6
SEGMENTS OF TRUNK SEWER EASEMENTS
IN SOUTHERN PACIFIC RIGHT OF WAY
)N
Page 5 of 6
ATTACHMENT NO. 2
PRESENT AND FUlURE COSTS FOR EASEMENT ACQUISITION
IN THE SOUTHERN PACIFIC RIGHT-Of-WAY
Present Cost
A. $2.20 mill ion for Segment I property acqui siti on i ncl udi ng Ygnaci 0
Valley Road south to Danville Boulevard and 2,300 feet south of
Danville Boulevard south to Prospect Avenue. The completion of the
purchase agreement terms will be by December 31, 1985.
Future Cost
B. $1.95 million for Segment II including Monument Boulevard south to
Hookston Road, Mayhew Road south to Ygnacio Valley Road and San
Ramon Valley Boulevard to 800 feet south of Greenbrook Drive. This
purchase package to be completed by December 31, 1986.
C. $1.25 mill ion for Segment III i ncl udi ng Hookston Road south to
Mayhew Road, Danville Boulevard at Rudgear Drive to 2,300 feet south
and 800 feet south of Greenbrook Drive to Larwin Pump Station. This
purchase package to be completed by December 31, 1987.
Total Easement Costs A, B, and C: $5,400,000
D. $375,000 to execute an option to purchase an additional 12 feet of
easements in 15,400 feet of the narrow section of the right-of-way.
The execution of this option will be at the discretion of the Board
of Di rectors.
ATTACHMENT NO. 3
POssmLE COSTS TO THE DISTRICT If THE COUNTY FAILS
TO ACQUIRE SEGMENT II AND SEGMENT III FEE TITLE fROM THE
SOUTHERN PACIfIC TRANSPORTATION COMPANY
Page 6 of 6
The District Board could elect at their discretion to exercise the County's
options to purchase for a total of $10,000,000 the entire width of the
right-of-way fran Southern Pacific Transportation Canpany in fee if the County
fails to gain the necessary funding to execute its option to purchase both the
Segment II and Segment III portions of the right-of-way.
Based upon the Board electing to exercise the County's purchase options to obtain
fee titl e for both segments at a cost of $10,000,000 pl us the initi al easement
purchase for $2,200,000; and executing the additional 12-foot easement option in
the narrow sections for $375,000; the total potential cost to the District would
be $12,575,000.
RESOLUTION NO. 85-
A RESOLUTION AUTHORIZING EXECUTION OF THE AGREEMENT TO PURCHASE
PROPERTY BElWEEN CONTRA COSTA COUNTY AND CENTRAL CONTRA COSTA
SANITARY DISTRICT, THE AGREEMENT TO PURCHASE PROPERTY BElWEEN CONTRA
COSTA COUNTY REDEVELOPMENT AGENCY AND CENTRAL CONTRA COSTA SANITARY
DISTRICT, AND GRANT OF EASEMENT
(SOUTHERN PACIFIC RIGHT-OF-WAY ACQUISITION)
BE IT RESOLVED by the Board of Directors of the Central Contra Costa
Sanitary District as follows:
THAT, this District hereby consents to the execution of the
Agreement to Purchase Property between Contra Costa County and Central
Contra Costa Sanitary District, the Agreement to Purchase Property
between Contra Costa County Red~velopment Agency and Central Contra Costa
Sanitary District, and Grant of Easement dated December __, 1985; and
THAT the President and Secretary of this District are hereby
authori zed and directed to execute said documents for and on behalf of
the Central Contra Costa Sanitary District.
PASSED AND ADOPTED this 5th day of December, 1985, by the District
Board of the Central Contra Costa Sanitary District by the following
vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra
Costa Sanitary District, County
of Contra Costa, State of California
Approved as to Form:
James L. Hazard
District Counsel
.
Centr&... Contra Costa Sanitar i District
BOARD OF DIRECTORS
PAGE 1 OF 3
POSITION
PAPER
BOARD MEETING OF
SUBJECT
NO.
VII 1.
ENGINEERING 6
DATE
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER
TO EXECUTE AN AGREEMENT WITH AIRPlOT AND AUTHORIZE
$80,000 FROM THE SEWER CONSTRUCTION FUND FOR AN
AERIAL SURVEY OF THE SOUTHERN PACIFIC RIGHT-OF-WAY
November 26 1985
TYPE OF ACTION
APPROVE AGREEMENT
AUTHORIZE FUNDS
SUBMITTED BY
INITIATING DEPT./DIV.
CURTIS W. SWANSON, PRINCIPAL ENGINEER
PLANNING
ISSUE: Board of Directors authorization is required to execute the agreement with
Airp10t and for sewer construction funds to conduct an aerial survey of the
Southern Pacific right-of-way for the San Ramon Valley Sewer Improvement Project.
BACKGROUND: Maj or trunk sewer improvements w ill be needed over the next five to
eight years to accommodate residential and business growth in the San Ramon
Valley. Approximately ten miles of large diameter trunk sewer will be constructed
in three construction phases between Rudgear Road in Walnut Creek and the Larwin
Pump Station in San Ramon. The first phase construction will begin in 1987.
Planning and preliminary design studies conducted by the District have identified
the abandoned Southern Pacific right-of-way as one of the most cost-effective
sewer alignment options.
District staff proposes to conduct an aerial survey of the railroad right-of-way.
Based on this survey an aerial photograph and a topographic map will be produced
which will be used to complete project planning, the environmental impact report,
and design of the pipeline.
After interviewing three aerial survey firms, District staff has selected Airp10t
of Sacramento to perform the survey of the Southern Pacific right-of-way. Airp10t
submitted the lowest cost proposal and more importantly will be ab1 e to provi de
the aerial photographs and topographic maps within the time period desired by the
District. The aerial survey services will be provided on a cost reimbursement
basis at a cost not to exceed $73,435.
District survey staff will provide the ground survey effort required for an
accurate aerial survey. The ground survey effort by District staff will be funded
from a previous authorization.
INITIATING DEPT./DIV.
J;UK
~
~~~
REVIEWED AND RECOMMENDED FOR BOARD ACTION
130211.9/85
JMK
RAB
suAtl~ORIZE THE GENERAL MANAGER-CHIEF ENGINEER
TO EXECUTE AN AGREEMENT WITH AIRPLOT AND AUTHORIZE
$80,000 FROM THE SEWER CONSTRUCTION FUND FOR AN
AERIAL SURVEY OF THE SOUTHERN PACIFIC RIGHT-OF-WAY
POSITION
2
PAPER
3
PAGE
DATE
OF
November 26, 1985
Contra Costa County also has a need for aerial photographs of the right-of-way and
has approached the District about sharing costs of an aerial survey. District
staff has negotiated a cost sharing arrangement with the County. The County will
reimburse the District for 55% of the costs of the aerial survey including the
ground survey support effort by District staff. This reimbursement will be in the
form of a credit for purchase of easements in the Southern Pacific right-of-way by
the District from the County.
While providing the ground survey support, the District survey crew will also be
collecting survey data to be used for design of the San Ramon Valley trunk sewer.
Because of the large amount of survey data, staff proposes to purchase a
coordinate geometry software program that can be operated on the District's IBM-AT
computer. Thi s software program will reduce the tedious data cal cul ation effort
by 80 to 90 percent. The cost of the software program is $2,700.
A contingency of $3,865 is being requested as part of the total authorization for
the aerial survey. District staff will execute a contract change order with
Airplot, if necessary, to expand their scope of work using this contingency.
The total authorization being requested is $80,000. A summary of this request is
shown in Attachment 1.
RECOMMENDATION: Authorize the General Manager/Chief Engineer to execute an
agreement with Airplot and authorize $80,000 from the Sewer Construction Fund for
an aerial survey of the Southern Pacific right-of-way.
---------..
1302B-9/85
ATTACHMENT 1
SUMMARY OF AUTHORIZATION REQUEST
FOR SOUTHERN PACIFIC RIGHT-Of-WAY AERIAL SURVEY
Item
Amount
ReQ uested
Aerial survey (Airplot)*
$ 73,435
Contingency (5%)**
3,865
Survey data processing software
2,700
Total Authorization Request
$ 80,000
*Contra Costa County will reimburse the District
for 55% of the aerial survey cost.
**District staff will execute a contract change
order with Airplot, if necessary, to expand
their scope of work using this contingency.
---,.__.~~...-- .._.~--"_..~_._....._--.,._._.._-_.__..._-,._,._-_.__.__._~",,,,~_,"_,~_"_"__"'_--.'_-'-"'~'-'-'-'-""---""._-~-_.....,_.~-_.__..",~.._----,.._.."..._-_.,.._~.,,,~-..--.--.--.--...-.........
Page 3 of 3
.
Centre... Contra Costa Sanitar) District
BOARD OF DIRECTORS
PAGE 1 OF 2
December 5, 1985
NO.
IX.
COLLECTION SYSTEM 1
POSITION
PAPER
BOARD MEETING OF
SUBJECT
AUl1-IORIZE $11,300 FROM SEWER CONSTRUCTION FUND FOR l1-IE
REPLACE~NT OF APPROXIMATELY 260 FEET OF PIPEL INE ON
FOYE DRIVE IN LAFAYETTE
DATE
November 27, 1985
TYPE OF ACTION
AUl1-IORIZE FUNDS
SUBMITTED BY
INITIATING DEPT.lDIV.
J oh n Larson, Manager
Collection System Operations
ISSUE: Capital funds are needed to replace a section of public sewer. This
work provides an opportunity to demonstrate a new technology.
BACKGROUND: The public sewer that serves the residences along Foye Drive in
Lafayette was installed pr10r to 1949. It is currently in very poor
condition along its entire length. Partial collapse can be anticipated in
the future due to extensive craCKing of the clay pipe material. The
pipel ine runs under landscaped front yards, adding to the expense of
replacement using conventional excava~ion techniques.
A new in situ pipeline replacement technology has been developed in Europe
that does not require excava~ion. While it is similar to the installation
of liner pipe, the advantage of this new technology is that the diameter of
the replacement pipeline can be larger than the original. On Foye Drive,
the use of the new technology will increase the diameter from 6 inches to 8
inches while saving the cost and eftort of replacing the existing
landscaping. Upon successful demonstration, this approach to pipeline
replacement would have many applica~ions a~ CCCSD.
A cost estimate showing the two replacement approaches is a~tached. The in
situ replacement approach 1s less disruptive to the local residents and
offers a potenti al cost sav1 ngs of 10% of the proj ect cost.
RECOMMENDATION: Authorize $11,300 from Sewer Constructi on Fund for the
replacement of approximately 260 feet of pipel ine on Foye Drive in
Lafayette.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
JL
ATIAatENT
FOYE DRIVE SEWER REPlACE~NT
Cost Est1aate
Convent i ona 1 In Situ
Excavation Replacement
Remove Landscapi ng $ 800 $ 100
Excavate and Install Pipeline 6,000 0
Excavate Launch and Retrieve Pits 0 1,500
Pull Pipeline 0 6,500
Connect Lateral s 200 1,500
Replace Landscaping 4_,000 200
SlBTOTAL $ 11 ,000 $ 9,800
Contingency @ 15% 1,600 1,500
TOTAL $ 12,600 S 11,300
.
CentrL Contra Costa Sanitar, District
BOARD OF DIRECTORS
PAGE 1 OF45
POSITION
PAPER
BOARD MEETING OF
December 5, 1985
NO.
x. SOLID WASTE
1
SUBJECT
DATE
November 27, 1985
RECEIVE REVISED DRAFT OF RENEGOTIATED REFUSE
COLLECTION FRANCHISE AGREEMENT
TYPE OF ACTION
RECEIVE DRAFT FRANCHISE
AGREEtJENT
SUBMITTED BY
INITIATING DEPT./DIV.
Paul Morsen, Deputy General Manager
Administrative Department
ISSUE: Comments and guidance received from the Board of Directors at the November 19,
1985 Board Meeti ng have been incorporated in the attached draft of the renegoti ated
refuse collection franchise agreement.
BACKGROUND: The draft of the renegotiated franchise agreement between the District
and its franchised refuse collectors, Valley Disposal Service, Inc., Orinda-Moraga
Disposal Service, Inc., and Pleasant Hill Bayshore Disposal Service, was submitted for
initial consideration at a workshop at the November 19, 1985 Board Meeting. The Board
provi ded comment and di recti on to the Di strict negoti ati on committee rel ati ng to
particular sections of the draft franchise agreement, and scheduled a Public Hearing
to receive public comment on December 19, 1985.
The revised draft of the franchise agreement, and a review of the sections of the
agreement which have been changed to reflect Board guidance, are provided in the
following attachments:
Attachment I - Review of Revised Franchise Agreement Sections
Attachment II - Revi sed Draft of the Renegoti ated Refuse Collection
Franchise Agreement (Revisions are noted by underlining or
bordering sentences and paragraphs.)
Pleasant Hill Bayshore Disposal Service has requested modification to the franchise
agreement to permit submission of a statement of operations prepared by a certified
public accountant without audit, as reviewed at the November 19, 1985 workshop. In
consideration of concerns expressed by the Board, the negotiation committee has
incorporated particular requirements to be met for such unaudited statement of
operations to be acceptable to the District; these unique requirements in the Pleasant
Hill Bayshore Disposal Service franchise agreement are delineated in Attachment III.
The revised sections of the draft franchise agreement, which are described in
Attachments I and III, were reviewed with the refuse collectors' representative,
Mr. Sanford M. Skaggs, who expressed general concurrence.
REC<MoEtC>ATION: Receive and consider the revised draft of the renegotiated refuse
collection franchise agreement and provide further comment and guidance with the
objective of producing a final draft franchise agreement for the December 19, 1985
Public Hearing.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
Reference
Section Page
No. No.
14 13
20 17
21 18
25 21&22
26 23
31 29&30
ATTACHMENT I
REVIEW OF REVISED FRANCHISE AGREEMENT SECTIONS
Review of Revision
FAITHFUL PERFORMANCE BOND - The amount of the corporate
surety bond was previously shown as "$100,000
<$50,000>". The parenthetical $50,000 has been
clarified as being the bond amount required for
Orinda-Moraga Disposal and Pleasant Hill Bayshore
Disposal; the $100,000 amount will apply to Valley
Disposal service.
BILLING - The number of days which a commercial account
billed in arrears must be delinquent before refuse
collection service can be terminated was extended from
10 to 30 days.
ASSIGNABILITY OF AGREEMENT - The addition of a new
closing paragraph in this Section provides the District
the ability to assign or transfer the franchise
agreement to any legally authorized public entity.
WASTE-To-ENERGY PROGRAM - This Section was expanded to
provide that the District may undertake a waste-to-
energy project singly or in conjunction with another
public entity, and may direct the Contractor to deliver
the garbage to another publ ic entity's waste-to-energy
facil ity.
HAZARDOUS WASTE - This Section was revised to require
the Contractor to provide to the District, upon its
request, the Contractor's program for identifying
hazardous waste and complying with all federal, state
and local statutes and regulations dealing with
hazardous waste, and removed the requi rement for other
related information.
BREACH AND TERMINATION - This Section was revised to
i ncl ude a new paragraph which provi des that a
determination by the General Manager-Chief Engineer that
a material breach has occurred shall be automatically
appealed to the Board of Directors for final action.
The termi nati on of the franch i se agreement caused by a
material breach will be decided by the Board of
Di rectors.
Reference
Section
No.
Page
No.
Review of Revision
32
32&33
EMERGENCY - This Section has been revised to provide the
Board of Di rectors the right to decl are a temporary
suspension of the franchise agreement in the event of an
emergency due to natural disaster or labor strike which
interrupts the collection of garbage. If the Contractor
is unable to demonstrate to the satisfaction of the
Board that required services can be resumed by the
Contractor prior to the expiration of a six month
period, the agreement may be terminated at the direction
of the Board.
The prior Section which has been superseded provided the
District with the right to take possession of all trucks
and other equipment of the Contractor and use the
Contractor's facilities to perform refuse collection
operations until the Contractor is able to reassume all
obligations of the franchise agreement, or for a period
of not more than twelve months from the date such
operations were undertaken by the District; if the
Contractor failed to demonstrate that required services
could be resumed prior to the expiration of the twelve
month period, the franchise agreement would be
terminated.
33
33
DISTRICT CODE - This Section was revised
the franchise agreement is entered into
of the Code of the District, and
amendments to the Code.
to provide that
under authority
any subsequent
34 34&35 TERM OF THE AGREEMENT - This Section has been revised to
provide that in the event the Contractor is unable to
provide a suitable disposal site by January 1, 1991, the
Contractor will no longer have the exclusive right to
have all garbage collected under the franchise agreement
directed to the privately-owned disposal site; in this
event, the District shall direct the disposal of all
garbage collected under this agreement to a transfer
station or disposal site selected by the District, upon
thirty days' notice to the Contractor.
AGREEMENT FOR COLLECTION, REMOVAL
AND DISPOSAL OF GARBAGE
ZONE
November 25, 1985
ATTACHMENT II
TABLE OF CONTENTS
Section
Page
1. Definitions 2
2. Exclusive Privilege 4
3. Intent to Regulate All Garbage Collection,
Removal or Disposal 4
4. Exceptions to Exclusive Privilege 5
5. Right to Sell Valuable Commodity 6
6. Rates 6
7. Duty of Contractor to Mcd.nt.ain Records --
Right of District to Examine Contractors
Records 7
8. Applications by Contractor for Rate
Increase 9
9. 0peration By Contractor 10
10. Compliance with Federal, State and Local
ordinances 10
11. Limitation of Time on Collection 11
12. District May Require Efficiencies in Operation 11
13. Salvage
12
14. Faithful Performance Bond
12
15. Insurance
13
16. Legal Liability
14
15
15
17. Attorneys' Fees
18. Miscellaneous Obligations of Contractor
19. Fee for Exclusive Privilege
16
20. Billing
17
-i-
section
Page
21. Assignability of Agreement 18
22. Involuntary Assignment 18
23. Notice provisions 19
24. Recycling 19
25. Waste to Energy Program 21
26. Hazardous Waste 23
27. Disposal of Garbage (Alternative #1) 23
27. Disposal of Garbage (Alternative #2) 25
28. Annexation and Change of Zone Boundaries 26
29. Takeover of Franchise Rights by Other
Public Entity 27
30. Affiliated Entities 28
31. Breach and Termination 29
32. Emergency 32
33. District Code 33
34. Term of the Agreement 33
35. Contest of Agreement's Term by the Parties 35
36. Severability 35
37. Terms of Agreement Bargained For 36
38. This Agreement Shall Supersede Prior
Agreements 36
-ii-
AGREEMENT FOR COLLECTION, REMOVAL
AND DISPOSAL OF GARBAGE
ZONE
This Agreement made and entered into this ____ day of
, 19__, by and between the District and the Contractor,
WHEREAS the District and Contractor have entered into a
Second Amended Agreement for Collection, Removal and Disposal of
Garbage dated the 1st day of July, 1976, (hereinafter referred to
as "said agreement") granting to Contractor the exclusive priv-
ilege to collect, remove and dispose of Garbage in the Zone until
November 30, 1986; and
WHEREAS, said agreement provides that it may be extended on
November 30, 1986 at the option of the Contractor, unless at least
two years prior to the termination of said agreement the District
has notified the Contractor in wri ting that it does not desire said
agreement to be extended for an additional period; and
WHEREAS, the Contractor exercised its option to extend said
agreement; and
WHEREAS, the District has notified the Contractor that it
does not desire said agreement to be extended under the same terms
and conditions.
NOW, THEREFORE, in consideration of the covenants and agree-
ments of the parties hereto and the payment of certain fees as
hereinafter set forth, it is mutually convenanted and agreed as
follows:
-1-
1. DEFINITIONS:
As used herein, the following terms shall have the meanings
set forth below:
(a) "Agreement": This agreement for the collection,
removal,. recycling and disposal of garbage by and between the
District and the Contractor entered into as of the date first
written above.
(b) "Contractor" :
of
(c) "Customers": Those who have contracted with the
Contractor for the collection, removal, recycling or disposal of
Garbage as provided herein.
, dba
(d) "District": The Central Contra Costa Sani tary
District, a public corporation.
(e) "Garbage" :
(1) animal, fruit and vegetable refuse;
(2) offal;
(3) leaves and cuttings, trimmings from trees,
shrubs and grass;
(4) inorganic refuse and rubbish;
( 5 ) anything thrown away as worthless; provided,
however, that Garbage shall not be defined as or include Hazardous
Waste, Septage or Industrial Waste.
(f) "Hazardous Waste": A waste, or combination of
wastes, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may either:
-2-
(1) cause, or signif icantly contribute to an
increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or
(2) pose a substantial present or potential haz-
ard to human health or environment when improperly treated,
stored, transported, or disposed of, or otherwise managed.
This definition will include, but not be limited to,
hazardous waste as defined by the state of California and its
agencies, or the United States or its agencies.
(g) "Septage": Non-sewered liquid or semi-liquid
waste which may be trucked to the District or other treatment
facility for disposal, to include, but not limited to, waste from
residential septic tanks, commercial grease cleanouts, and indus-
trial waste holding facilities.
(h) "Industrial Waste": Non-sewered liquid waste and
solid waste produced as by-produc~ of industrial processes, or
other refuse produced or accumulated as a result of industrial
processes, including waste produced by the District and other
public entities as a result of treatment or other processes
undertaken in providing public utility services.
(i) "Zone": The geographic area generally described
in Exhibit A to this Agreement, which exhibit is attached hereto
and incorporated herein by reference, and more particularly as set
forth in the six hundred (600) scale maps maintained and available
for inspection at the office of the Secretary of the District,
excepting therefrom any geographic area which is wi thin the
-3-
boundaries of another jurisdiction, including any military base,
which is exercising its authority to regulate garbage collection.
Said six hundred (600) scale maps shall reflect changes of bound-
aries of the Zone in such a manner as to identify each alteration
to the Zone and the effective date thereof.
2. EXCLUSIVE PRIVILEGE
The District, by this Agreement, grants to the Contractor for
the term as set forth in paragraph 34 of this Agreement, unless
terminated in accordance with this Agreement, the exclusive pri-
vilege to collect, remove and dispose of all Garbage as said term
is defined in this Agreement within the Zone. This exclusive
privilege to collect, remove, and dispose of garbage is only
qualified as set forth in this Agreement.
The Zone may be expanded or reduced in size (a) by mutual
agreement of the parties~ or (b) as provided in paragraphs 28 and
29 of this Agreement.
3. INTENT TO REGULATE ALL GARBAGE COLLECTION, REMOVAL OR
DISPOSAL:
The parties hereto agree that the District currently has
jurisdiction to regulate the collection, removal and disposal of
all Garbage in the Zone. The parties further agree that by the
terms of this Agreement the District has exercised its juris-
diction and is regulating the collection, removal and disposal of
all Garbage in the Zone. This Agreement does not regulate the
-4-
collection, removal and disposal of industrial waste, hazardous
waste or septage.
Whether a particular garbage collection activity is regu-
lated by this Agreement or not, is within the sole determination
of the District. If there is any question as to whether the garbage
collection activity is regulated or unregulated, it shall be the
responsibility of the Contractor to inquire of the District and
therafter provide such information as the District may require to
enable the District to provide Contractor with a formal written
opinion as to whether the garbage collection activi ty is regulated
or unregulated.
4. EXCEPTIONS TO EXCLUSIVE PRIVILEGE:
The exclusive privilege granted by this agreement shall not
apply if:
(a) The person or enti ty generating garbage personally
collects, removes and disposes of such in a clean and sanitary
manner in conformance wi th all applicable laws and regulations, or
(b) The person or entity generating inorganic refuse
or rubbish contacts the Contractor to arrange for the collection,
removal and disposal of such and the Contractor declines to do so
or is unable to do so in a timely manner, or
(c) The person generating the garbage contracts with
another to remove and dispose of (i) inorganic refuse or rubbish,
or (ii) leaves, cuttings, trimmings from trees, shrubs or grass by
truck or other vehicular means, when such removal is incidental to
-5-
other contract work being performed.
Nothing in this paragraph shall be construed to eliminate or
qualify the exclusive privilege of the Contractor to provide drop
boxes and/or bulk collection containers for collection of garbage
within the Zone.
5. RIGHT TO SELL VALUABLE COMMODITY:
This Agreement is not intended to and does not affect or limi t
the right of any person to sell any valuable commodity to the
Contractor or to any other person lawfully doing business within
the Zone at prices agreed upon by the parties to such transaction,
provided that the valuable commodity is separated at the source by
the generator and that the person purchasing the valuable com-
modity does not collect and dispose of other garbage.
6. RATES:
Contractor shall perform the responsibilities and duties
herein agreed in the Zone in accordance with and in consideration
of the reasonable rates fixed by the District from time to time.
The statement that the actions in paragraphs 12, 24, 25, and 27 may
be directed "at no cost to the District" shall not be construed to
mean that the Contractor is prohibited, subject to the District's
approval, from passing on its costs of taking those actions to the
Customers. It is the intent of the parties that the rates fixed
shall be in conformity with applicable law.
-6-
7. DUTY OF CONTRACTOR TO MAINTAIN RECORDS -- RIGHT OF
DISTRICT TO EXAMINE CONTRACTOR'S RECORDS:
Contractor shall maintain a proper set of books and records
in accordance wi th generally accepted accounting principles,
accurately reflecting the business done by it under this Agree-
mente
Contractor shall further maintain records as to its total
number of Customers, said records to detail the types of Customers
and such other operating statistics in such manner and with such
detail as the District may require.
The Contractor shall, by March 31 of each year submit to the
District an audited financial statement for the most recent
reporting year and shall further furnish to the District a report
of its total number of Customers within the Zone by types of
Customers and such other operating statistics in such manner and
with such detail as the District may request.
The District may, at its own expense, at any time during the
term of this Agreement, examine the books and records of the
Contractor, or have the books and records of the Contractor
examined by a person appointed for that purpose by the District.
District shall give thirty (30) days written notice to the Con-
tractor in advance of such examination date.
The information required by this paragraph shall pertain to
the Contractor t s operations in the Zone. Nothing contained herein
shall require the Contractor to provide the District wi th informa-
tion pertaining to the Contractor's operations which are not
-7-
regulated by the District; provided that the District's agent may
examine the Contractor's books, records and financial statements
pertaining to operations not regulated by the District for the sole
purpose of gathering information necessary to allow the agent to
ascertain as to whether income, expenses, assets and liabilities
are reasonably and consistently allocated among operations re-
gulated by the District and operations not regulated by the
District. As used in this paragraph "District Agent" shall mean
an independent CPA, as agreed upon by the parties, or, failing
agreement, appointed by the Presiding Judge of the Contra Costa
County Superior Court. Notwithstanding this requirement to use an
independent CPA as the "District Agent," the District may use
District employees, or any other person designated by the Dis-
trict, to examine records of the Contractor otherwise available to
other public entities. Information gained from such examination
of records pertaining to operations not regulated by the District
shall be treated by the District and its agents as confidential
information. However, nothing in this paragraph will prevent the
District allowing public access to District records as provided
for under the California Government Code, and in the event any
dispute arises as to the public access to information provided by
the Contractor under the terms of this Agreement, the District
shall in its discretion provide public access to said information
according to law or tender the defense of any claims made against
the District concerning said information to the Contractor.
-8-
~-------._-"-----_.__._-_.__.._~----~.,------_._-------_._----_._.~-".__.,._.-..._._-..--------_.-
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 March 31 of that
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 July 1 of
the year in question.
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 effec-
tive 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 calender the peti tion for
rate increase within seventy-five (75) days of receipt of an
-9-
extraordinary petition presented pursuant to paragraphs 12, 24,
25, and 27 of this Agreement.
9. OPERATION BY CONTRACTOR:
Contractor shall furnish all necessary equipment for the
operation of refuse collection service in the Zone and shall
maintain such equipment in a sanitary condition at all times.
Contractor shall furnish all necessary labor in connection with
the operation of a refuse collection service in the Zone.
The Contractor, in performance hereof, shall use covered (by
tarpaulin or otherwise) water-tight bodied motor trucks wi th truck
bodies constructed of sufficient strength to withstand a fire
within, without endangering adjacent property. The trucks, drop
boxes, bins, or similar types of equipment shall be kept neat and
clean and in good repair. The Contractor shall paint its name,
permit number and telephone number on the side of each truck (in
letters at least four (4) inches high) and each drop box, bin or
similar type equipment owned or leased by the Contractor.
10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL ORDINANCES:
The Contractor shall comply with all applicable ordinances
and rules and regulations that are now in effect or may be
promulgated or amended from time to time by the Government of the
United States, the State of California, the County of Contra Costa,
the District and any other agency now authorized or which may be
authorized in the future to regulate the services to be performed
herein regarding the collection, removal and disposal of Garbage.
-10-
11. LIMITATION ON TIME OF COLLECTION:
The Contractor shall make a systematic collection of Garbage
from each place where collection is made in a manner that the
person receiving the service can predict the day on which collec-
tion will be made. Contractor shall not collect Garbage from an
inhabited dwelling or dwelling unit between the hours of 7:00 p.m.
and 4:00 a.m.
12. DISTRICT MAY REQUIRE EFFICIENCIES IN OPERATION:
The District may from time to time at its discretion and at
its expense, examine the Contractor's operation in order to insure
that the Contractor is operating at a satisfactory level of
efficiency.
The Contractor agrees to cooperate in any such examination
and shall provide for inspection to the District or its designated
representatives, at the Contractor's principal place of business,
such information as the District may require, including but not
limi ted to such things as collection routes and equipment records.
In addition, the District may require the Contractor to
evaluate al ternative methods of Garbage collection for the purpose
of improved efficiencies and to develop and submi t a plan to
implement the efficiencies within one hundred and eighty (180)
days of notice to the Contractor. The District can require the
Contractor to implement the efficiencies within one (1) year of
approval of the Contractor's plan, unless the Contractor can
demonstrate that one (1) year is unreasonable. Should the District
-11-
commence such a program as outlined in this paragraph, Contractor
agrees to not only do those things specified herein, but also to
act at the direction of the District on other matters that may be
necessary for the success and efficiency of such a project(s}.
13. SALVAGE:
District shall be entitled to the right of salvage at the
expense of the District from the Garbage collected pursuant to this
Agreement, but at its sole discretion may delegate this right to,
or waive the same in favor of, the Contractor. District has
temporarily waived its right of salvage and has delegated such to
Contractor; and such waiver and delegation shall continue until
notice in wri ting by the District to the contrary is given. In the
event the District independently wishes to exercise its right to
salvage, the District shall give in writing to the Contractor
notice of its intent and said right shall commence and accrue to
the District ninety (90) days from the date of said notice. The
salvage rights set forth in this paragraph specifically are
intended to refer to salvage operations once the garbage is in the
waste stream. This paragraph should not be read to be in conflict
with the rights to recycle set forth in paragraph 24.
14. FAITHFUL PERFORMANCE BOND:
The Contractor shall submit to the District simultaneously
wi th the execution of this Agreement a corporate surety bond in the
-12-
,....
amount of $100,000.00 ($50,000.00 for Orinda-Moraga Disposal,
Inc., and Pleasant Hill Bay Shore Disposal). The bond shall be
executed by a surety company licensed to do business in the State
of California and acceptable to the District. The bond shall be
approved by the District and shall be payable to the District. The
condi tion of the bond shall be that the Contractor will fai thfully
perform the duties imposed by ordinance, this Agreement and the
rules and regulations of the District. Any action by the District
to proceed against the Bond shall not limit or affect the right of
the District to use other remedies available to the District under
the Agreement, or in courts of law or equity. Notwithstanding the
foregoing, in lieu of the corporate surety bond, Contractor may
provide to District a letter of credit or cash bond in a form
satisfactory to the District.
15. INSURANCE:
Contractor shall maintain continually in force during the
term of this Agreement, public liability insurance, property
damage insurance and worker's compensation insurance as follows:
Public liability -- $5,000,000.00 per person /
$10,000,000.00 per accident;
Property damage -- $500,000.00 per anyone claim;
Worker's compensation -- as required by state law.
Such insurance shall be obtained from a company or companies
licensed to do business in the State of California and acceptable
to the District. The District shall be named as addi tional insured
-13-
and each such policy shall contain a clause providing that the
insurer will not cancel or decrease the insurance coverage without
first giving thirty (30) days' notice in writing to the District.
A Certificate of Insurance shall be provided to the District.
Failure of Contractor to maintain insurance in the manner and
amount stated above will constitute a breach of this Agreement.
16. LEGAL LIABILITY:
All work and performance covered by this Agreement shall be
at the risk of the Contractor.
Contractor agrees to save, indemnify and keep harmless the
District against any and all liability, claims, judgments, or
demands, including demands arising from injuries or deaths of
persons and damage to property, arising directly or indirectly out
of the obligations here undertaken or out of the operations con-
ducted by the Contractor, save and except claims or litigation
arising through the sole negligence or willful misconduct of the
District, and will make good to and reimburse District for any
expendi tures, including reasonable attorneys' fees, that the
District may make by reason of such matters and, if requested by
District shall defend any suit at the sole cost and expense of
Contractor.
Upon request by the District, the Contractor shall appear for
and defend the District in any action which challenges the validi ty
of this Agreement or the procedure by which this Agreement was
-14-
entered into, or the validity of any District ordinance which
authorizes District to enter into this Agreement. Defense of the
District shall be provided by counsel satisfactory to the Dis-
trict. All costs of litigation including attorneys' fees, and, to
the extent permitted by law, any money judgment entered against
District, its Board members, officers or employees or agents,
shall be borne by the Contractor. In each case the District shall
have the sole and final authority to determine whether such costs
and/or judgment be chargeable as an operating expense or charge-
able against Contractor's profits.
Should any party successfully challenge the validity of this
Agreement or the procedure by which this Agreement was entered into
or the validity of any District ordinance which authorizes the
District to enter into this Agreement, then in such case the
Contractor shall have no cause of action for damages or any other
relief against the District as a result of such successful chal-
lenge.
17. ATTORNEYS' FEES:
In the event of litigation between the parties arising
hereunder, the prevailing party shall recover its reasonable costs
of litigation, including attorneys' fees and costs as determined
by the Court.
18. MISCELLANEOUS OBLIGATIONS OF CONTRACTOR:
The Contractor shall maintain an office with adequate tele-
phone service within the District, and shall keep the office open
-15-
during usual business hours for the transaction of business with
its Customers and the public.
The Contractor shall supply occupants of premises utilizing
his services with printed information cards containing informa-
tion regarding amounts of refuse which will be collected, com-
plaint procedures, rates, and days of collection. Such cards shall
be distributed at least once every twenty-four (24) months, and
every time a rate change takes place.
The Contractor shall provide three additional all-purpose
pickups per year not to exceed two cubic yards per residential uni t
in the residential areas of the Zone. The dates for said addi-
tional pickups may be set by the Contractor, however it is the
intent of this Agreement that they shall be as evenly spaced
throughout the year as is practicable and that the Contractor will
provide notice to the Customers of said pickup dates.
19. FEE FOR EXCLUSIVE PRIVILEGE:
The Contractor shall pay to the District for the privilege
granted by this Agreement an annual fee fixed by the District which
is reasonably calculated to reimburse the District for its direct
costs in administering this Agreement, including, but not limited
to outside professional fees incurred by the District, plus a
reasonable allowance for overhead of the District as said overhead
relates to garbage franchising; which sum shall be fixed by the
District and paid annually in advance by the contractors, in
proportion to the number of customers served by each franchised
contractor.
-16-
Amounts due each year shall be paid in advance within thirty
(30) days after July 1 of each fiscal year following the effective
date of this Agreement.
The fee for the fiscal year beginning July 1, 1985, is hereby
fixed at $ , and has been paid. The last payment pursuant
to this paragraph shall be prorated from the beginning of the
fiscal year in which this Agreement ends to the date this Agreement
ends.
20. BILLING:
The Contractor may bill its Customers in advance or in
arrears. Bills in advance shall be due and payable thirty (30)
days after the beginning of the billing period. The billing
periods for advance billing shall be at least quarterly unless the
District approves a less frequent billing. Contractor agrees not
to discontinue service to a Customer until a Customer's account
billed in advance has been delinquent for a period of at least
sixty (60) days, and notice of the termination is provided to the
customer thirty (30) days prior to the termination.
Where the Contractor bills in arrears, the bill shall be due
and payable upon presentation and the Contractor agrees not to
terminate service until the Customer's account billed in arrears
has been delinquent for thirty (30) days.
Full payment for debris boxes may be required by the Con-
tractor prior to delivery of debris box to Customer.
-17-
21. ASSIGNABILITY OF AGREEMENT:
The Contractor shall not sell, assign, or transfer this
Agreement or any part hereof, including probate proceedings,
without the written consent of the District.
Neither this Agreement nor any part hereof, nor any obliga-
tion or service to be performed hereunder shall be assigned or
subcontracted wi thou t wri tten consent of District. The term
assignment shall include any dissolution, merger, consolidation
or other reorganization of the Contractor, which resul ts in change
of control of the Contractor, or the sale or other transfer by
probate proceeding or otherwise of a controlling percentage of the
Contractor's capital stock to a person not a shareholder on the
date of the execution of this Agreement. In the event the
Contractor herein attempts to assign or subcontract this Agreement
or any part hereof or any obligation hereunder, the District shall
have the right to elect to terminate forthwith, without suit or
other proceeding.
The District may, following a properly noticed public hear-
ing, assign or transfer this Agreement, or any part hereof, without
the consent of the Contractor to any legally authorized publi~
entity, including, but not limited to, the County of Contra Costa
or any joint powers authori ty created pursuant to Chapter 5,
Division 7, Title I of the California Government Code.
22. INVOLUNTARY ASSIGNMENT:
No interest of Contractor in this agreement shall be assign-
able by operation of law. Each or any of the following acts should
-18-
be considered an involuntary assignment providing the District
with the right to elect to terminate the Agreement forthwith,
without suit or other proceeding:
(1) If the Contractor is or becomes bankrupt or insol-
vent, makes an assignment for the benefit of creditors or in-
sti tutes a proceeding under the Bankruptcy Act in which the
Contractor is the bankrupt,
(2) If Writ of Attachment or Execution is levied on
this Agreement,
(3) If in any proceeding to which the Contractor is a
party a Receiver is appointed with authority to take possession of
the Contractor's property.
(4) In the event of a probate proceeding where the
rights of the Contractor under the Agreement would pass to another
individual or other individuals.
23. NOTICE PROVISIONS:
Any notice required or permitted under this Agreement shall
be in writing and shall be deemed to have been given if delivered
personally or ten (10) days after posted by certified mail, return
receipt requested, addressed as appropriate, either to the Con-
tractor at: , California, or to the Dis-
trict at 5019 Imhoff Place, Martinez, California 94553, Attention:
General Manager and Chief Engineer.
24. RECYCLING:
District is currently studying refuse recycling as a means to
conserve resources, energy, money and to further enhance the
-19-
environment. The parties hereto recognize that refuse recycling,
use of waste or garbage products and improvements in garbage
collecting efficiencies are changing and developing technologies.
Notwi thstanding anything in this Agreement to the contrary, at any
time during the term of this Agreement the District may require the
Contractor to prepare and submi t a plan to provide refuse recycl ing
in the Zone. The Contractor shall provide such a recycling plan
wi thin 180 days of receiving the wri tten notice requiring prepara-
tion of a recovery plan. The District shall review and comment
upon the proposed recycling plan within sixty (60) days. The
Contractor shall have thirty (30) days from receipt of District's
comments to modify the Contractor's proposed plan in order to make
said proposed plan acceptable to the District. If the plan is
approved by the District Board of Directors, the Contractor shall
implement the plan within ninety (90) days unless that is im-
practicable under the circumstances. Implementation of a refuse
recycling plan will be at no cost to the District.
The District may require, as an element of a program to
recycle refuse among other things, that the contractor undertake
curbside or home pickup of recyclable material and segregate the
garbage into elements suitable for recycling and elements not so
suited. The District may further require that the Contractor
deliver the segregated recyclable refuse to locations or sites
selected by the District.
Contractor agrees to not only do those things specified
herein, but also to act at the direction of the District on other
-20-
matters that may be necessary for the success and efficiency of a
recycling project. The District shall give reasonable advance
notice to Contractor of changes in the Contractor's operations
which may, in the District's discretion, become necessary due to
the implementation of a recycling program.
In the event the Contractor fails to submit or implement a
plan in a timely manner as set forth in this section of the
Agreement, or fails to reasonably act at the direction of District
on matters relating to recycling, any and all such failures will
be treated as a breach of this Agreement and the District shall
have the right to elect to terminate forthwith, without suit or
other proceeding.
25. WASTE TO ENERGY PROGRAM:
The District may evaluate the feasibili ty of a waste to energy
project as a means to conserve resources, energy and further
enhance the environment. The parties hereto recognize the tech-
nologies in regard to production of energy from waste refuse are
changing and developing. The District may, at any time during the
term of this agreement, undertake a waste to energy project
singularly or in conjunction with another public entity. In the
event the District undertakes such a waste to energy project, or
determines that the waste stream under this Agreement should be
diverted to another public entity's waste to energy facility, the
District shall give thirty-six (36) months' notice to the Con-
tractor of its intent to commence or participate in such a program.
-21-
At the expiration of the thirty-six (36) months, the Contractor
shall implement the changes in the Contractor's operations which
may become necessary due to the waste to energy project.
The District may require, as an element of the waste to energy
project, that the contractor deliver the garbage collected under
this Agreement, or portion thereof, as directed by the District,
to locations or si tes selected by the District for waste to energy
production. The Contractor agrees also to act at the direction of
the District on other matters that may be necessary for the success
and efficiency of a waste to energy project. In this regard, the
District shall give reasonable advance notice to the contractor of
changes in the Contractor's operations which may, in the Dis-
trict's discretion, become necessary due to the implementation of
the waste to energy project.
The Contractor shall have the right and duty to collect and
dispose of nonhazardous waste or refuse produced as a result of
operations of a District owned or controlled waste to energy
facility, including, but not limited to, ash and other solid
noncombustible material. The Contractor shall collect and dispose
of a share of the refuse produced by the facility and said share
shall be in proportion to the Contractor's share of the total
garbage delivered to the facility.
In the event that District directs the Contractor to deliver
the Garbage to a publicly-owned waste to energy facili ty, .!!2! con-
trolled by the District, the District will make reasonable effort
to secure for the Contractor the right to collect any waste or
refuse produced, or at least a proportional share thereof.
-22-
The District may, in its discretion, undertake a waste to
energy project in conjunction with a recycling program or other
garbage program as set forth in paragraphs 13 and 24 of this
Agreement. Nothing in this paragraph shall be read to be in
conflict with the provisions set forth in paragraphs 13 and 24.
26. HAZARDOUS WASTE:
The parties hereto recognize that federal, state and local
agencies with responsibility for the defining of hazardous waste
and for regulating the collection, hauling or disposing of such
substances, are continually providing new definitions, tests and
regulations concerning these substances. Under this Agreement, it
is the Contractor's responsibility to keep current with the
regulations and tests on such substances and to identify such
substances and to comply wi th all federal, state and local regula-
tions concerning such substances.
Contractor agrees to provide to the District upon its request
the Contractor's program for identifying hazardous waste and
complying with all federal, state and local statutes and regula-
tions dealing with hazardous waste.
The Contractor shall make every reasonable effort to prohibit
the collection and the disposal of hazardous waste in any manner
inconsistent with applicable law.
27. DISPOSAL OF GARBAGE: (alternative #1)
Throughout the term of this Agreement, unless District gives
notice as provided for herein, it shall be the Contractor's sole
-23-
responsibility and duty to dispose of the garbage and waste and
other material collected by virtue of this Agreement, including
any extension granted by the Board, in a safe manner in compliance
with all federal, state and local regulations.
The parties agree that the District shall direct the dis-
posal, at no cost to the District, of all Garbage collected by
virtue of this Agreement to a transfer station or stations,
disposal site or sites selected by the District, including dis-
posal site or sites that may be owned or operated by the District,
provided that the disposal of Garbage at such transfer station(s)
or site(s) is authorized by law. The Contractor shall dispose of
the Garbage at the site (s) set forth in Exhibi t B, attached hereto
and incorporated herein by reference, beginning on the date of this
Agreement and until such time as the District directs that such
site(s) be changed pursuant to thirty (30) days' notice to the
Contractor.
The Contractor agrees that the District may charge the
Contractor a fee for disposal of Garbage collected by virtue of
this Agreement if such Garbage is disposed of at sites owned by or
controlled by the District. The District agrees that such a fee
shall be entirely passed on to the Customers by means of the rat'es
fixed by the District for the Contractor. The District agrees that
any fee charged the Contractor for disposal of Garbage at a site
not owned or controlled by the District shall be passed on to the
Customers by means of the rates fixed by the District for the
Contractor, to the extent that such fee is reasonable.
-24-
27. DISPOSAL OF GARBAGE: (Alternative #2)
Throughout the term of this Agreement, unless District gives
notice as provided for herein, it shall be the Contractor's sole
responsibility and duty to dispose of the garbage and waste and
other material collected by virtue of this Agreement, including
any extension granted by the Board, in a safe manner in compliance
with all federal, state and local regulations.
The District agrees in the event that the Contractor becomes
owner of or interest holder in a privately owned disposal site,
acceptable to District as defined in Paragraph 34, other than the
site set forth in Exhibit B, and secondly, that the Contractor
tenders to the District all rights and legal authori ty to regulate
rates and charges for use of such site, including, but not limited
to, site inspection and audit by all persons or entities, the
District will direct all garbage collected under this Agreement be
delivered to said privately owned disposal site for the term of the
Agreement, including any extensions which may be granted. The
District may thereafter, in its discretion, assume the rate
setting authority or any portion thereof. This Agreement on the
part of the District is conditioned upon the privately owned
disposal site being properly approved and permitted by the neces-
sary public boards and entities. The District in all instances
retains the right to direct the garbage collected under this
Agreement to a transfer station prior to the delivery to the
privately owned disposal si te. Nothing in this paragraph shall be
construed to be in conflict with or eliminate the rights and
obligations provided for in paragraphs 24 and 25.
-25-
In all other events the District reserves the right to direct
the Contractor to deliver all garbage collected under this Agree-
ment to any privately or publicly owned transfer station or
disposal site of the District's choosing.
28. ANNEXATION AND CHANGE OF ZONE BOUNDARIES:
The District agrees to give notice to the Contractor by April
1 of the next calendar year of any geographic area which has been
annexed to or deannexed from the District during the preceding
calendar year and which has been included in, or excluded from, the
Zone. Such notice shall specifically describe the changed bound-
aries of the Zone. If such notice is given to the Contractor, all
of the provisions of this Agreement shall apply to the collection,
removal, and disposal of Garbage wi thin such changed boundaries of
the Zone beginning on July I of the calendar year following the
preceding calendar year during which such annexation or deannexa-
tion occurred.
The Contractor shall give notice to the District by April 1
of the next calendar year of any geographic area in the Zone or
immediately contiguous to the Zone, in which the Contractor has
commenced service wi thin the preceding year, notwithstanding
whether the Contractor deems that area to be regulated or unregu-
lated.
The Contractor realizes that the District boundaries may be
al tered by virtue of actions taken by the Contra Costa County Local
Agency Formation Commission (LAFCO). The Contractor agrees that
-26-
should the District boundaries be so amended so as to change the
jurisdiction of the District to regulate the collection, removal
and disposal of garbage, that it will abide by whatever changes in
the Zone which become necessary due to changes in the District
boundaries made by the Local Agency Formation Commission. The
Contractor agrees that the District Board of Directors may make
such alterations to the Zone as are necessitated by such Local
Agency Formation Commission action and shall have no right or claim
to damages or other relief against the District for such altera-
tions to the Zone. The District shall provide notice to the
Contractor of all petitions or resolutions sent by the District to
LAFCO for annexation or deannexations which may directly affect
the territories included in the Zone.
29. TAKEOVER OF FRANCHISE RIGHTS BY OTHER PUBLIC ENTITY:
In the event that the County, or a municipal corporation,
which has boundaries that are entirely or partially included
within the Zone, takes action according to the laws of the State
of California to assume the powers and responsibilities of the
franchisor in relation to garbage collection and disposal within
its boundaries, the rights of the respective parties in regard to
this Agreement shall be as set forth in Government Code S 4270 et
seq. and other applicable law of the State of California.
NCltwi thstanding any lawful action by another public enti ty to
take over the right to franchise solid waste handling, collection
-27-
and disposal, the District shall retain the right at all times
during the term of this Agreement, including any extensions
granted by the District Board, to direct the disposition of all
garbage collected within the Zone. Contractor agrees, notwith-
standing any actions taken by another public entity in regard to
assuming the role of the solid waste franchisor, to deliver the
garbage collected under this Agreement to the location or loca-
tions designated by the District during the term of this Agreement,
including any extensions granted by the District Board.
30. AFFILIATED ENTITIES:
Tbe Contractor shall provide information necessary to satis-
fy the District that the charges made by any affiliated enti ty are
reasonable. "Affiliated enti ty" shall be defined, for purposes of
this paragraph, as any entity which provides products or services
to the Contractor and in which the Contractor owns a 10% or greater
interest. The District shall have the right to inspect the
financial records of any affiliated entity in which the Contractor
owns a majori ty interest. For purposes of this paragraph the term
"Contractor" shall include the Contractor, if an individual, and
all members of his or her immediate family; or if a corporation,
the controlling shareholder and the controlling shareholder's
immediate family members. For the purpose of this paragraph,
"Immediate Family" includes spouses, children, and relatives of
the first degree of sanguinity.
-28-
31. BREACH AND TERMINATION:
The General Manager/Chief Engineer of the District shall have
authority, subject to review by the Board of Directors of the
District upon appeal, to determine whether a breach of any pro-
vision of this Agreement by the Contractor has occurred. Any
waiver or breach shall not be deemed to be a waiver of any
subsequent breach or to be construed as approval of a course of
conduct. In the event that a breach occurs, the District shall
give the Contractor notice of the breach, in wri ting, setting forth
the breach or default. The Contractor shall have a reasonable
period to cure the noticed breach, said period not to exceed sixty
(60) days. In the event the breach or default is cured to the
satisfaction of the General Manager/Chief Engineer of the District
wi thin the period of time allotted, the breach shall not be deemed
a material breach. In the event that the General Manager deter-
mines that the Contractor has failed to satisfactorily cure the
breach or default within the period of time allotted, General
Manager may determine such breach or default to be material.
Multiple or repeated breaches, or a pattern of breaches and
subsequent attempts to cure said breaches by Contractor shall
provide an adequate basis for the General Manager, in his dis-
cretion, to declare any subsequent breach to be material, not-
wi thstanding whether or not that breach is ul timately cured by the
Contractor.
If such a determination of material breach is made, the
General Manager's determination shall be automatically appealed
-29-
to the Board for final action.
A material breach shall be cause for termination of this
Agreement by the Board of Directors of the District.
In the event of a termination prior to the natural expiration
of the term of this Agreement, the District shall have the right
to temporarily assume the obligations of the Contractor and shall
therefor have the right to forthwi th take possession of all trucks
and other equipment of the Contractor and exercise the Con-
tractor's right to enter and use of any disposal faci I i ties for the
purpose of performing the services agreed to be performed by the
Contractor herein until such time as the District can make other
arrangements for the performance of said services. However, such
temporary assumption of Contractor's obligations under the Agree-
ment shall not be continued by the District for a period exceeding
twelve (12) months from the date such operations are undertaken by
the District.
During any period in which District has temporarily assumed
the obligations of Contractor under this Agreement, District shall
be enti tIed to the gross revenue attributable to operations during
such period and shall pay therefrom only those costs and expenses
applicable or allocable to said period, including the reasonable
rental value of the trucks and equipment to be paid to the Con-
tractor. The excess, if any, of revenue over applicable or
allocable costs and expenses during such period shall be deposited
wi th the District funds to the credit of the operation and
maintenance account. The loss, if any, during such period shall
-30-
be a charge against Contractor, and shall be paid to the district
by the Contractor upon demand. Final adjustment and allocation of
gross revenue, costs, and expenses to the period during which the
District temporarily assumed the obligations of Contractor shall
be determined by an audit by a Certified Public Accountant and
prepared in report form with his unqualified opinion annexed
thereto.
District shall indemnify Contractor against and hold it
harmless from, any and all liability claims, judgments or demands,
including demands arising from injuries or deaths of persons and
damage to property, arising directly or indirectly out of the
operations and obligations of Contractor which District assumes
pursuant to the provisions of this paragraph 31, save and except
claims or litigation arising through the sole negligence or
willful misconduct of Contractor and will make good to and reim-
burse Contractor for any expenditures, including reasonable at-
torneys' fees, that the Contractor may make by reason of such
matters and, if requested by Contractor, shall defend any suit at
the sole cost and expense of District.
Nothing in this Agreement shall prevent the District during
any period in which District temporarily assumes the obligations
of the Contractor under this Agreement, from employing persons who
were employed by the Contractor for the collection of garbage under
this Agreement.
-31-
Upon the occurrence of said breach and the declaration of such
by the Board of Directors of the District, this Agreement and the
franchise granted thereunder shall be of no further force and
effect, excepting these provisions concerning District's right to
temporarily assume the Contractor's obligations and to use Con-
tractor's facilities upon early termination as provided herein.
The District then shall be free to enter into whatever other
arrangements are deemed justified and necessary for the collec-
tion, removal and disposal of garbage within the Zone.
Failure by the District to provide the Contractor with the
exclusive franchise to collect and dispose of garbage within the
Zone, as defined in this Agreement, and except as set forth in
paragraph 32, shall constitute a material breach of this Agreement
which will allow the Contractor, in its discretion, to terminate
the Agreement and be relieved of all obligations and duties
hereunder. Notice of termination by the Contractor must be
provided to the District one (1) year prior to cessation of the
duties and responsibilities of the Contractor hereunder.
32. EMERGENCY:
Notwithstanding the Contractor's exclusive franchise rights
set forth in Paragraph 31, in the event of an emergency due to
natural disaster or labor strike which interrupts the collection
of garbage by the Contractor, the Board of Directors of the
District shall have the right to declare a temporary suspension of
-32-
this Agreement for the reasonable durataion of the emergency and
until such time as the District determines that the Contractor is
able to reassume all obligations under this Agreement. Should
Contractor fail to demonstrate to the satisfaction of the Board of
,
Directors of the District that required services can be resumed by
Contractor prior to the expiration of a six (6) month period, this
Agreement may be terminated at the direction of the Board of
Directors.
An emergency or a declaration terminating the Agreement may
only be declared by a resolution adopted by a 4/5 vote by the
District's Board of Directors.
33. DISTRICT CODE:
This Agreement is entered into under and by virtue of the
authori ty of and pursuant to Chapter 8 of the Code of the District
and in accordance with the provisions thereof, and any subseauent
amendment thereto, which are hereby incorporated in this Agreement
by reference.
34. TERM OF THE AGREEMENT:
The term of this Agreement and the exclusive franchise
granted hereunder shall be for a period of ten (10) years from
January 1, 1986 to December 31, 1995. However, prior to January
1, 1991, the Contractor shall provide to the District conclusive
proof that:
(1) the Contractor has ownership of or a legally
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binding right to use a properly approved and permitted disposal
site(s); (2) that said disposal site(s) has sufficient capacity
available to the Contractor to provide for disposal of all the
garbage to be collected under this Agreement; (3) and that said
site(s) provides an economically satisfactory disposal alterna-
tive. Proof of each requirement set forth in this paragraph 34 to
the satisfaction of the District Board of Directors prior to
shall be a condition precedent to the continued
right of the Contractor's exclusive right to have all garbage
collected under this Agreement directed to the privately owned
disposal site as set forth in paragraph 27.
In the event said condi tions precedent have not been met, the
parties agree that the District shall direct the disposal, at no
cost to the District, of all Garbage collected by virtue of this
Agreement to a transfer station or stations, disposal site or si tes
selected by the District, including disposal si te or si tes that may
be owned or operated by the District, provided that the disposal
of Garbage at such transfer station(s) or site(s) is authorized by
law. The Contractor shall dispose of the Garbage at the site(s)
set forth in Exhibi t B, attached hereto and incorporated herein by
reference, beginning on the date of this Agreement and until such
time as the District directs that such si te (s) be changed pursuant
to thirty (30) days' notice to the Contractor.
The Contractor agrees that the District may charge the
Contractor a fee for disposal of Garbage collected by virtue of
this Agreement if such Garbage is disposed of at sites owned by or
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controlled by the District shall be passed on to the Customers by
means of the rates fixed by the District for the Contractor, to the
extent that such fee is reasonable.
35. CONTEST OF AGREEMENT'S TERMS BY THE PARTIES:
In the event either party to this Agreement attempts to
challenge the validity of any portion of this Agreement, such
action in attempting to challenge the Agreement shall constitute
a material breach of this Agreement and the nonbreaching party
shall have the right to elect to terminate forthwith without suit
or other proceeding.
This paragraph 35 shall not be construed to prevent either
party from seeking redress to the courts for the purposes of legal
review of administrative procedures in regard to rate setting or
District actions taken pursuant to this Agreement, or for the
purpose of enforcing the provisions contained in this Agreement.
36. SEVERABILITY:
In the event legal action is brought by a person or entity,
other than the parties to this Agreement, to challenge, invali-
date, contest or set aside any of the provisions of this Agreement,
each and every term and condition, and each and every section and
paragraph is severable from the remaining terms, conditions,
sections, and paragraphs. The invalidation of any term, con-
di tion, section or paragraph as a resul t of a legal action, brought
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by a person or entity not a party to this Agreement, shall not
affect the validi ty or enforceabili ty of the remaining provisions.
Each of said remaining provisions shall remain in full force and
effect.
37. TERMS OF AGREEMENT BARGAINED FOR:
All terms, conditions and obligations contained in this
Agreement have been bargained for and agreed upon by the parties
in good faith.
Further, the parties have entered into this
Agreement on the advice of counsel.
38. THIS AGREEMENT SHALL SUPERSEDE PRIOR AGREEMENTS:
This Agreement shall supersede any and all agreements here-
tofore entered into by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in duplicate by its duly authorized
officers and representatives as of the date first above written.
CENTRAL CONTRA COSTA SANITARY DISTRICT
By:
Its:
By:
Its:
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ATTACHMENT III
PROPOSED SECTION 7 OF THE REFUSE COLLECTION FRANCHISE AGREEtENT FOR
PLEASANT HILL BAYSHORE DISPOSAL SERVICE
7. DUTY OF CONTRACTOR TO MAINTAIN RECORDS -- RIGHT OF DISTRICT TO
EXAMINE CONTRACTOR'S RECORDS:
Contractor shall maintain a proper set of books and records in
accordance with generally accepted accounting principles, accurately
reflecting the business done by it under this Agreement.
Contractor shall further maintain records as to its total number of
customers, said records to detail the types of customers and such other
operating statistics in such manner and with such detail as the District
may requi reo
The Contractor shall, by March 31 of each year, submit to the
District an operating statement for Zone 3 for the most recent reporting
year, prepared on a compiled basis by a Certified Public Accountant which
will comply with the following requirements:
a. A statement by the Certified Public Accountant that the
operating statement was prepared on a compiled basis as defined
in American Institute of Certi fied Publ ic Accountants
Statement on Standards for Accounting and Review Services
No.1 will be affixed to the operating statement.
b. The ope rat i ng statement will be based on revenue and expense
accounts which will be established to determine the results of
such operation as a separate division within the Contractor's
single entity.
c. The operati ng statement wi 11 present revenues by category of
regulated service, and expenses will be reported in accordance
with the formats developed in the Price Waterhouse report dated
February 7, 1983.
d. Customary footnote disclosure should be provided with the
statement of operations and should include an explanation of
the allocation bases used for all expense accounts.
In the event the Contractor is required by another public entity or
regul ator to provide audited financi al statements, the Contractor will
transmit a copy of the audited financial statements to the District and
thereafter submit such audited fi nanci al statements to the Di strict by
March 31 each year, in 1 ieu of the compiled operating statement. The
Contractor shall further furni sh to the Di strict a report of its total
number of customers within the Zone by types of customers and such other
operating statistics in such manner and with such detail as the District
may req uest.
The District may, at its own expense, at any time during the term of
this Agreement, examine the books and records of the Contractor, or have
the books and records of the Contractor exami ned by a person appoi nted
for that purpose by the District. District shall give thirty (30) days
written notice to the Contractor in advance of such examination date.
The information required by this paragraph shall pertain to the
Contractor's operations in the Zone. Nothing contained herein shall
require the Contractor to provide the District with information
pertaining to the Contractor's operations which are not regulated by the
District; provided that the District's agent may examine the Contractor's
books, records and financial statements pertaining to operations not
regulated by the District for the sole purpose of gathering information
necessary to allow the agent to ascertain and communicate to the District
whether income, expenses, assets and liabilities are reasonably and
consi stently all ocated among operations regul ated by the Di strict and
operations not regulated by the District. As used in this paragraph
"District Agent" shall mean an independent CPA, as agreed upon by the
parties, or, failing agreement, appointed by the Presiding Judge of the
Contra Costa County Superior Court. Notwithstanding this requirement to
use an independent CPA as the "District Agent," the District may use
District employees, or any other person designated by the District, to
examine records of the Contractor otherwise available to other public
entities. Information gained from such examination of records pertaining
to operati ons not regul ated by the Di strict shall be treated by the
District and its agents as confidential information. However, nothing in
this paragraph will prevent the District allowing public access to
Di strict records as provi ded for under the Cal Horni a Government Code,
and in the event any dispute arises as to the public access to
information provided by the Contractor under the terms of this Agreement,
the District shall in its discretion provide public access to said
information according to law or tender the defense of any claims made
against the District concerning said information to the Contractor.