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Home My WebLink AboutAGENDA BACKUP 10-18-84 cc<S Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. IV. BIDS & AWARDS 1 1 0 18 84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE October 12, 1984 SUBJECT AWAAD CONTRACT FOR DISTRICT PROJ ECT NO. 4004 - tJORJ'GA TRUNK SEWER REPlACE~NT AND DRAINPGE IMPROVE~NT, AND AUTHORIZE $46,000 FROM THE SEWER OONSTRUCTlON FUND TYPE OF ACTION AW AAD CONTRACT AUTHORIZE FUNDS SUBMITTED BY ISSUE: On October 11, 1984, sealed bids for DP 4004 were received and opened. The Board of Di rectors must award a contract or rej ect proposal s with in 60 days of the opening of sealed bids. BAO<GROUND: The Wi nter storms of 1982 caused si gnificant damage along Las Trampas Creek in Lafayette and Moraga. Major damage occurred to the Moraga trunk sewer located in the 01 d Sacramento Northern ri ght-of-way. Emergency repairs early in 1983 replaced a damaged portion of the 27-inch diameter RCP sewer with a temporary 24-inch diameter steel pipe. Further repairs in the Fall of 1983 to stabilize the slope and provide site drainage were limited due to weather. This project will complete the work at this slide this year. It consists of replacing the temporary 24-inch steel pipe with 27-inch RCP, and completion of surface drai nage in the area to ensure slope stabil ity and prevent future erosi on. Bids for the project were received and opened on October 11, 1984 per the attached bid tabulation. The lowest bid was submitted by Peter Cole Jensen, Inc., for $31,462. Two minor irregularities were discovered in the low bidder's proposal; however, they were not substantive, and Di stri ct staff recommends accepti ng the proposal as the responsive low bi d. The engi neers' estimate prepared by District staff is $33,700. A post bi d/pre-constructi on cost estimate is attached. project cost is $46,000. The total estimated RECOMMENDATION: Award the contract to the lowest responsible bidder, Peter Cole Jensen, Inc. Authorize $46.000 in Sewer Construction Funds for construction, contingencies, and contract management. REVIEWED AND RECOMMENDED FOR BOARD ACTION JLH JAL RAB INITIATING DEPT./DIV. V0 f1HJ POST BID - PRECONSTRUCTION ESTIMATE OF COSTS FOR DISTRICT SEWERING PROJECT 4004 ITEM DESCRIPTION ITEM AMOUNT TOTAL % CONST. CONTRACT 1. Construction Contract (As Bid) . . $ 31,482 100 2. Estimated Construction Contingencies @ 15% . $ 4,722 15 3. Estimated Construction Incidentals to Project Completion Survey. . . $ Inspection . $ Engineering . $ 1.500 5t600 1.800 Total Estimated Construction Incidentals . . . . . $ 8.900 $ 8,900 28 4. Street Resurfacing or Seal Coat . $ 5. Total Estimate Required to Complete Project .$45,104 143 6. Pre Bid Expenditures Survey, Engineering, Printing, Advertising . $ 11. 900 Special Services (Consul tant), .$ 2.400 Right-of-Way Acquisition. .$ 7. Total Preconstruct ion Incidentals (as of 10/11/84) . .$ 14,300 $14,300* 45 8. Total Estimated Project Cost . $ 59.404 189 (Items 5 & 7) 9. Funds Previous Iy Authori zed . $14.300* 10. Total Additional Funds Required to Complete Project. . $ 45,104 (Item 8 minus Item 9) *From DP 20008 ~ 1984 Storm Damage Design Budget 2050-8-78 -~._-----_.._-----------,-"'_._-----_.__..."----_._.-..--- -." ~ -,-_.__._._-------~._....._...__._._-----_._--".._-----,-,-----_.._._,_.._-,._-,_.,-_._~_._._._- / Central Contra Costa Sanitary District ,,' SUMMARV DF- BI~B PROJECT NO. 4004- - /10RA6A -n:u1J1< sewCTG UPLAC/3v(WT DATE OCTo8~ II, 19B~ LOCATION OLD SNI?.'l f<,/W-. sr MA-RYJ' Mf NOMGA ENGR. EST. $ 3.3, 700 I[ J ~o ~ \V' IUDDER (Nome, tel.phone & oddreu) , .ID PRICE i3 ~'p EIJ6/NEE.t<€{) E'l.C~ V/t7ING ( ) 88'- -2~'2r $ 49. tJo 8[0 /1S"~7 Cr7:;w ~'f~ Rd'l (;:JJhv ~'Iur, cA ~(j.':) 9+54<- - , JAfWJIJ pIPELINE. ( ) 58/- (,94' $ No /Pi!? 2774 Je.PUf G. (?J hv th//~,' CA 94- S 4-f- . - 4 MGM COAJS77<LJ.G 7/f.JN ( ) tP8S- 88'2- $ - 4-8/~ I? 0, Bo)( .5751 . Ui1 CtJ rd. ,en q4-Sz.4. . , . ' ' - MANUE.l c. J~OIM ; iNC.. ( ) 187- 0444, $ ,- 3 uk,.. " , 44-; rz.g A/), 8~ (;17 Un/~ CA' 94/S61 ' , ." - , ' ,. MOUJ./TA-I!J l'" ( ) &37-110/ '$ 3:3.4800"; " CA-.fCA-Dl3 . ;'" 'l , po. 13o)C lie. , S;;ln /(emm, 'CA 9#B3 PE-n::n. CoLe JeJJ eAl. INC. " ( , ) 837-7GOO ' $' 31/ 4G'J..-' I , fJ. 0, 80)1 1008 , Da.;\q..;U~~: C4 Cj4.J:LG. , " ... - S 1Uc#A12.O SA-W DOIJ ( ) 820-2.7~' $ p. o. I!>>i 3SfJ , O,d/(), CA- 94-5'U 4B BOO I - . /<1)70 - ~OTe:rt. ( ) 93'f-4320 $ iJo 8(0 - ' / gs M.2.l (1\oL urde I ~uyd, CA Cj4-St..() .. - ( ) ,$:" ' , " . ' '. ,". . . , , , .' , " " ' .' " - : , ,', .. ' ' , , (: $" . , ,,' ) '. " .. , . . .. .. " , ' ' - . " - - , ( ) $'~ : ,. " . . " : .' " ~..- . . ", ( ) $' ,- n n ~""'_- ,. I..J{J . '. _ ", - ". If" n -- -, I U (/ , PREPARED BY 7'- DATE iX!.T. II, lf1e4 SHEET NO. t OF I San BOARD OF DIRECTORS NO. 2 10/18/84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE October 11, 1984 SUBJECT TYPE OF ACTION AUTHORIZATION TO AWARD PURCHASE ORDER FOR TWO PICK-UP TRUCKS AWARD OF PURCHASE ORDER SUBMITTED BY INiTIATING DEPT./DIV. Ken Laverty, Purchasing & Materials Officer Administrative/Purchasing ISSUE: Two small t-ton pick-up trucks'were authorized for purchase in the 1984/ 1985 Equipment Budget. Staff work has been completed and we hereby recommend that the purchase be approved. BACKGROUND: The Request for Bids was publicly advertised on September 12, 1984, and bids were publicly opened on October 9, 1984. Two bids were received. A technical and commercial evaluation was conducted by CSO and Purchasing (See Attachment #1) which shows that Sun Valley Ford is the lowest responsive and responsible bidder. Funding for these vehicles was included in the 1984/1985 Equipment Budget approved by the Board. RECOMMENDATION: Authorize award of a purchase order to Sun Valley Ford for two small pick-up trucks for a total of $14,850.70. REVIEWED AND RECOMMENDED FOR BOARD ACTION :~ M :.\ ~. RH ~ CJ = ~ en Q ~ cC ~ i en cC t; o CJ cC = ~ CJ ~ .... !i CJ I en ~ ;::: cC -' i cC .... o Cii I , - i ... _G .- U C._ :)ct - III en - II: :;! '" , 0 ; 0 - III _G .- U C.- :Jet " Q) > CQ) ~ N CO 0 "'C ~U C' ('I') ('I') " ev ):~ " "'C - . . . .r. g~ 5 . ~ III q- \0 0 I.JJ III C"l - 0 0 q- C LO z: ..- 2 LO L.&.. ~ 0'\ 0'\ co 0 c ,.....r; co .. .. z: ~ ~3 .. >, "'C ('I') q- ::3 <- ev ~ ,..... ,..... ~ ct- B,..... ~ ,..... ,..... 0 . ,..... u C W n,..... 1:).... It: C \0 .0 IO~ .....- > 0 ,..... 0 U _G 0 ~ ,..... 5 Z C .- U C\.: N ~ ,..... ~ . c._ ::3 :Jet; " "'C .,.... ev~ Q) V') ~ +oJ ~ s::: 111111 it ::!: ~:: 0 .. ev 0 '0 /0 evev 0 \0 %: :z: L.&.. c:: >- >- z: it ev \0 ,..... " III " ('I') \0 0'\ +oJ /0 m . . . . u ev . - ('I') "'C III \0 0". .~ ev ~ C'\ ~ - co -0'\ " LU uu " 0 0 N 0'\ N Z .0 ,....ev N L.&.. .... .. .. 0 ::3~0 .. LO YJ Z V') a- \0 c:;') C". ,..... ,..... III ~ ,..... ~ ~ !:(l~ ~ I~O ::3 ::3 .0 .0 co 100 uoev III III ,..... 0 .,.... +oJ III +oJ +oJ _ G . 0 ~ .u /0 ~ +oJ +oJ .- U ('I') oC'.J 0- ~~ ~ ..- ..- C.- q- ,..... I I "'C 0- 0- :Jet \0 I +oJ III U ~ C .. ~ev evos::: 0 10 00 0 " NZ >- +oJ ...... L.&.. ~ :z: :z: z: X . ~ ~ >- N 0 ~ 0 . 0 ...I ! .. t"\ . CII ~ ..c ." - . iii ~ 0 co 0 u U'\ en 0'\ 0 ev co ~ - co c. 0 U t"\ ~ -I ev "'C V') 0 ::) a g U'\ <C +oJ .,.... ........ U a:: 0'\ a . l- /O CX) /0 t- .= CII ~ 0 .0 +oJ . a:: ~ a. IV t- ev 0 /0 '0: CY. +oJ 0 0 ~ UJ ~ en ~ z ::) to ~ 0 Q) a III III >. +oJ t- u t- O 0 U'\ III C +oJ C en - u is CO X ~ E 0 c ev UJ ~ 0 0'\ IV ev .,.... fc ffi ::) - ~ ev +oJ Ci - i t- ::3 l- /o. ~.,.... +oJ I.IJ N a +oJ U /O.r. /0 a:: - .~ a. CII U +oJ .,.... :::u +oJ ::J Q) /0 C ct- .. V') 0 0 G ~ ct- ev .,.... . . ,..... Vl~ - ~ ~ U - ::3 5- ,..... ev ev- 0 /0 to t- a: .- IV C /0 ~ "'C ~,..... .r. ~ en /0 /0 c5 /0 0 L.&..O III :s G - 0- ::: :IE :t:u 0 i; "" ..., a i - N Contra Sanitary District BOARD OF DIRECTORS NO.V. CONSENT CALENDAR 7 10 18 84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE SUBJECT OCTOBER 9, 1984 TYPE OF ACTION EXECUTE "CONSENT TO EXECUTION OF DEED FOR PUBLIC ROADS" TO CONTRA COSTA COUNTY - JOB 1583 - PARCEL 12 - WALNUT CREEK AREA CONSENT TO DEED FOR PUBLIC ROAD SUBMITTED BY ISSUE: Danville Boulevard, a County road, is being widened five feet by a deed to the County. This five-foot widening runs longitudinally along an existing ten-foot wide District sewer easement. BACKGROUND: The County requires a "Consent to Execution of Deed" whenever a parcel of land is deeded to the County for public use if said parcel encroaches upon an existing easement. This is our standard "Consent to Execution of Deed" document; the District retains prior rights. RECOMMENDATION: Approve and execute document; authorize its recording by the County. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ INITIATING DEPT./DIV. ",p.tp. Of ~~1' \, cPrJ5 ~ ~\ \ ~ ~, ~ (:), \ VICINITY MAP uo ~CAl.E CONSENT T OF DEED TO ~ EXECUTION JOB 1583 . C. COUNTY - PARCEL 12 ceGD Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer NO.V. CONSENT CALENDAR 8 10 18 84 DATE October 9 1984 TYPE OF ACTION SUBJECT AUTHORIZATION FOR P.A. 84-23 (DANVILLE) AND 84-24 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT ACCEPT FOR PROCESSING SUBMITTED BY DENNIS HALL INITIATING DEPT./DIV. CONSTRUCTION DIVISION Parcel No. Owner Address Parcel No. & Acrea e Area 84-23 Danville Braddock & Logan Assoc. 14795 Washington Ave. San Leandro, CA 94578 208-570-01 thru 07 208-580-01 thru 05 and 08 (58 acres :!:) 84-24 Alamo J. D. Graydon 125 Camille Avenue Alamo, CA 94507 201-010-006 (0.28 acres) Lead Remarks A enc Lots 348 thru 352 and City of portions of Lots 343 Danville thru 347 and 353 of Subd. 5718. These lots are all 5+ acres and will be used for one single family home on each lot. The remainder of the subdivision was an- nexed in 1962. E.I.R. by Contra Costa County. Failing septic tank CCCSD system; house must connect to public sewer. District to prepare "Notice of Exemption. II RECOMMENDATION: Authorize P.A. 84-23 and P.A. 84-24 to be included in a future formal annexation. INITIATING DEPT./DIV. REVIEWED AND RECOMMENDED FOR BOARD ACTION w DH JMc RAB ~'" \ \~~:~"s~a~~n I'~ ~~ ~ IJ~/1 ':1 \,\'. ~I'. . IO\\.~~IT\~J~U~.nJ.T<1Tillr~,;;r 1 \\\..1 '''fl'~''''' 51 I: t \~S, ,If ... . ~ ~\, I I-l :1O'~ .. M ',\' ' ] ~ii 0 ,\..1- ~ \, \\ "" jr" ~ 10 TOr '-1' --1,T .. "-l. .. \\ ,\ I~ ~ - I ~ 1 .. TI . .,: \' \\ ~ . I" ... 1 "",":::;:';:. ~= 0 '''''','.i" ... -, 14 ~. ." II . :,,' _____~./ 1- \ 111\ ~~, .->" """' --\ ........ ~~. · ',,\1~ . ~ \:;~\,I ~ '~;~~~.I~~~ ; .~ <: :_~---' \1,\ \ ' " ~2I .. ' - I/'Jt}-._\' : 1 1~.,IO 21 1 .. ! ~ . .\' 2T IT " /'S. . I . '" , ",< "\' ~" <9 " ~Q l.\..~O ,. \1 II ' -4N)l. .'-v" \ I UJT ..\~~ 1\1\ tfI ~ ' ... ~~ .~ / 'T ~)\ I~ ~ ~:~~ ~ rf~J- -.n ~ '\\ /.".\: ? ~\~ \J '" 'O~.'fI1 ~ ~- ~ ... ,<') (~ ;::: g\ \:-- ~ ..~ @, Mil II ~,/ \,\j. ~ 'g ~ tvJ ~ ~ \, ~\ r:: ~~""~ ~ ~ '~ ~ 1', ~ T Y~~~JmJ\3\\ I\,s\\{~~ .~ · '\ I "(~i . I ~ 7;T~;l.\~~~\~\~ ~ ~~ I \!. I\,' \:'~, ,\.\-~\~~ I \ ..... \ ~ "~,I ~Oll' ~~ I "'II A \ \\ I' ,\ I) ~ c I ~. C \ ' ,,\I " ........ Ii' ' ~ < '."47M ~ \\ " "," ~ ' I ..w ' V~04"M . \'" .1 ". ~ I '~. ./ _ I.le.." " " c> 2T I \'\U \\~\ I~,~~, { ~ I 'i..\\ - \, ,I. '( / 110 " .. "~,I . I '\, ~ "~,I I ~0 I .~i '\ 17 ~ ';~\ I \ \ ,\ \\ \\ I:::>.'~ \ \ \ \ ,i \" ' \\',\ , .z.. _\s.~0;:> 8'3553 \'.\\ . I 4. ~ . \ . , :- 1m \\\\ ~ _------------------. p' _, ..... /11 Qu; \"::;;:~~~J\::::~I~.~ E......UO. ,fI.14AC ;..r I .----' 'II 1.51 AC <:--,_ '/ ,'.i. 4 613 I' · Z ~ \\\'1 , I \ '-:-1 I ~,. ~ '. \ , '\ ;"'~'''' I. ::J 0 r--. \', " ~ / <... -'--- ~ ~..~.,. \ . ,,\ f.a . h_'__+h':~J ~~ ~:~::.~r:':::::~ , .' ~,J"/I ~~O~ I/J.'.AC \ PROPOSED ANNEXATION ~I . .. ~ A. 84 - 23 ~! v- ~\..~~~r\ ~P~(( .d~~~~' PETRU III. I. AC _ FAIt'A 42'.01 AO . -- ....:.... .r / T A., 1\ "LV' \ \ ......." '\ . (- '~ ..\~ ........... :.... :.... ....... 5 :) .0 t) ANNEXATION PROPOSED ~ I!A.84 .,. <<<SD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. VI. BUDGET & FINANCE 2 10/18/84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE October 10, 1984 SUBJECT TYPE OF ACTION ADOPT RESOLUTION ESTABLISHING 1984-1985 ADOPT APPROPRI- APPROPRIATIONS LIMIT ATIONS LIMIT SUBMITTED BY INITIATING DEPT./DIV. Walter N. Funasaki, Finance Officer Administrative/Accountin & Finance ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in accordance with Article XIII B of the California Constitution. BACKGROUND: On September 20, 1984, the Board of Directors authorized posting a public notice of the availability 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 October 18, 1984 Board Meeting at which the adoption of the appropriations limit is recommended. The Sewer Construction Fund <Capital Fund) appropriations limit is $8,010,818 for the 1984-1985 fiscal year. RECOMMENDATION: Adopt a resolution establishing the Sewer Construction Fund appropriations limit in the amount of $8,010,818 for the 1984-1985 fiscal year. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. ~a...~' WNF PM RESOLUTION NO. 84 - A RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1984-1985 WHEREAS, the Central Contra Costa Sanitary District is required under Article XIIIB of the State of California Constitution to establish 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 1984-1985 to be $8,010,818. 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 $8,010,818 for the fiscal year ending June 30, 1985. PASSED AND ADOPTED this 18th day of October, 1984, 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 r Approved as to Form: ((sD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO.VI. BUDGET & FINANCE POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE October 10, 1984 SUBJECT TYPE OF ACTION RECEIVE AUDIT REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 1984 RECEIVE AUDIT REPORT SUBMITTED BY Walter N. Funasaki, Finance Officer INITIATING DEPT./DIV. Administrative/Accountin & Finance ISSUE: The Di strict's audited financial statements and rel ated audit report for the fiscal year ended June 30, 1984 are being submitted to the Board of Di rectors. BACKGROUND: Hood and Strong, the District's independent auditors, have completed their audit of the financial statements for the fiscal year ended June 30, 1984, and have prepared their audit report thereon. The audit report and financial statements were reviewed in draft form with the Budget and Finance Committee of the Board of Directors and District management. The customary 1 etter from the auditors which contai ns recommendations to improve the system of internal accounting control based on observations during the examination of the financial statements has not been received at this date. The letter will be submitted to the Board at a subsequent Board Meeting. RECOMMENDATION: Receive the audited financial statements and rel ated audit report for the fiscal year ended June 30, 1984. REVIEWED AND RECOMMENDED FOR BOARD ACTION PM INITIATING DEPT./DIV. #'o-~~ . WNF i) Central Contra Costa San BOARD OF DIRECTORS No.VII. LEGAL/LITIGATION 1 1 0 18 84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE October 10, 1984 SUBJECT TYPE OF ACTION STANDARDIZED DISTRICT LEGAL SERVICES AGREEMENT APPROV E AGREEMENT FORM SUBMITTED BY INITIATING DEPT./DIV. Jack E. Cam bell, Admin. 0 erations M r Administrative/Risk Mana ement ISSUE: To establish a District contract to be used for the retention of legal services. BACKGROUND: In early 1983 the Board of Directors decided to utilize outside legal firms to handle certain litigation matters. At present four firms are working for the District and there probably will be others in the future as the need for specialized legal services arises. Up until now the business arrangements with these firms have been made by letter agreements rather than through a specific contract. Continuation of this practice could result in inconsistency or confusion as to the terms and conditions involved with these services. The attached legal services agreement has been developed to establish a formal contractual relationship between the District and the law firms it utilizes. RECOMMENDATION: Approve the use of the attached standarized agreement for the legal services obtained by the District. IN IATING DEPT./DIV. ~(L REVIEWED AND RECOMMENDED FOR BOARD ACT/ON JEC PM ~REEMENT FOR LEGAL SERVICES BElWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND BY THIS ~REEMENT, made and entered into this day of , , by and between the CENTRAL CONTRA COSTA SANITARY DISTRICT, a political subdivision of the State of California, hereinafter referred to as the "District," and hereinafter referred to as "Contractor," mutually agree as follows: ARTIQE I: CONTRACTOR'S SCOPE OF SERVICES Contractor shall perform legal services and legal representation, hereinafter referred to as "Case(s)," on behalf of the District as requested by the District through the General Manager-Chief Engineer or his designee. Contractor shall assign to such Cases members of its staff who are qualified and competent to provide professional legal service and legal representation. The District reserves the right to designate a parti cul ar staff member for a Case requi ri ng speci alized knowl edge and experi ence. No maj or deci si ons concerni ng the handli ng of the Case, commitments for substanti al expenditures concerni ng retenti on of expert witnesses, medical testimony and settlement offers are to be made without prior approval of the General Manager-Chief Engineer or his designee and when appropriate or necessary, the Board of Directors. ARTIQE II: COt-PENSATION In consideration for providing legal services, including all of the time devoted to a Case commencing with the time first received by Contractor, the District will pay Contractor upon receipt of detailed invoice at the rate of S per hour or at rates specified by attached proposal, if any, for legal services performed during the term of this Agreement. All trial time shall be paid at the same specified hourly rate. In addition, Contractor also will be paid for actual and reasonable out-of-pocket expenses, such as flli ng fees, costs of depositi on and court reporter fees, expert witness fees, acci dent anal ysi s, medi cal examination, jury fees, mileage, telephone calls, and other items as may be necessary in defendi ng the Case. Invoi ces for aforesaid fees and expenses shall be forwarded to the General Manager-Chief Engineer or his designee for payment. ARTIQE III: TERM OF THE ,aGREEMENT The term of this Agreement shall be from or unless terminated sooner. through ARTiClE IV: INFORMATION AND ASSISTANCE District will provIde to Contractor all avaIlable Infonma~lon and assIstance In regard to obtaInIng any InformatIon performed by DIstrict or others In connection with the Case, Including, but not limited to: pertinent maps, reports, Investigation, rights-of-way restrictions, easement records, and other documents whIch are available to District and wh I ch are req u I red I n connect I on with Contractor's serv I ces under th I s Agreement. ARTiClE V: CONFIDENTIAL RELATIONSHIP All dealings of the parties under this Agreement shall be confIdential and no report, data, Information, or communication developed, prepared, or assembled by Contractor under this Agreement shall be revealed, dIsseminated, or made available by Contractor to any person or organIzation other than the District without the prIor knowledge of the District. All data developed, prepared, completed, or acquired by Contractor during the performance of services hereunder are the property of the District, and, upon request, a copy of all such data shall be delivered to the District. ARTiClE V I: INDEPENDENT CONTRACTOR It Is expressly understood between the parties hereto that no employee/employer relationshIp Is Intended, the relationship of Contractor to the DistrIct being that of an Independent contractor. The DistrIct wIll not be required to make any payroll deductIons or provIde Workmen's Compensat I on I nsurance coverage or hea I th benef I ts to Contractor. ARTiClE V II: ASS IGNMENT AND lAWS Contractor sha II not subcontract any of the work or ass I gn any of Its rights or obligatIons wIthout the prior written consent of the District. This Agreement shall be governed by the laws of the State of CalIfornIa. ARTiClE V III: NOTICES A II not I ces or other off I c I a I correspondence re I at I ng to contractua I matters between the part I es hereto sha II be made by depos I t I ng same first-class, postage-paId mall addressed as follows: To Contractor: To DIstrIct: Central Contra Costa Sanitary DIstrIct 5019 Imhnoff Place Martinez, CA 94533 or to such other address as eIther party may des I gnate here I !lafter In wrItIng delIvered to the other party. ARTiClE IX: RECORDS Contractor shall at all tImes keep a complete and thorough record of the time expended In performIng servIces on behalf of the DIstrIct as herein agreed upon and Contractor shall also make avaIlable to the DIstrict for audIt all of such records so maIntaIned. ART I ClE X: CONFL I CTS OF INTEREST Contractor promIses and agrees that Contractor and members of Its staff sha II avo I d any actua I or potent I a I conf I I cts of Interest. Contractor agrees to I med I ate I y not I fy the Genera I Menager-Ch I ef Eng I neer or his designee of any Case which may Involve an actual or potential conflict of Interest. ARTiClE XI: INDEMNIFICATION Contractor agrees to Indemnify and hold harmless the District, Its Directors, Officers, Agents, and Employees, for any expense, loss, or damage, IncludIng attorney's fees, to which the District may be subJected arising from any suit or claim, In the event It shall be determIned herein that any negligent acts, errors, or omissions of Contractor, Its agents, employees, or representatIves shall have caused the occurrence or circumstances out of whIch the suIt or claIm arose and shall defend the DistrIct In any actIon fIled allegIng such neglIgent act, errors, or omissIon. ARTiClE XII: INSURANCE During the entIre term of thIs Agreement and any extensIon or modIfIcatIon thereof, Contractor shall keep In effect Insurance polIcIes provIdIng coverage for general publIc lIabIlIty, Including automobIles, lawyers' professIonal lIabIlIty, and worker's compensatIon exposures at lImIts deemed acceptable by the DIstrIct. Contractor shall provide Cart If I cates of Insurance ev I denc I ng that the above req u I red Insurance coverages are In effect. . ARTiClE XIII: TERMINATION ThIs Agreement may be termInated by eIther party, at Its sole dIscretIon, upon thirty (30) calendar days prior wrItten notIce. ARTiClE XIV: TERMS No alteratIon or varIatIon of the terms of thIs Agreement shall be valId un I ess made In wr I t I ng and sIgned by the part I es hereto. No ora I understend t ng or agreement not I ncorporeted here t n she t I be bInd t ng on any of the partIes hereto. , . ARTiClE XV: ARTIQ.E HEADINGS Article headings In thIs Agreement are for convenience only end ere not Intended to be used In Interpreting or construIng the terms, covenants, end condItions of thIs Agreement ARTIQ.E XV I: PARTIAL INVALIDITY If eny term, covenant, condItion, provIsIon of thIs Agreement Is found by e court of competent JurIsdiction to be InvalId, void, or unenforceable, the remaInder of the provIsions hereof shall remaIn In full force end effect, end shall In no way be effected, Impaired, or Invalidated thereby. ARTIQ.E XV II: SIGNATURES These sIgnatures ettest the parties' egreement hereto: CENTRAL CONTRA COSTA SANITARY DISTRICT BY ITS Attest: Joyce E. McMillan, Secretary of the DIstrIct BY CONTRACTOR BY ITS -It- Central Cant San BOARD OF DIRECTORS NoVII. LEGAL/LITIGATION 2 10 18 84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE October 10, 1984 SUBJECT RETENTION OF CAPPS, STAPLES, WARD, HASTINGS & DODSON TYPE OF ACTION APPROVE RETENTION OF LAW FIRM SUBMITTED BY INITIATING DEPT.!DIV. Jack E. Cam bell, Admin. 0 erations M r Administrative/Risk Management ISSUE: Another lawsuit has developed involving 119 Fairfield Place, Moraga. The above law firm handled the District's defense for the two previous cases. BACKGROUND: On March 15, 1984, the Board of Directors denied a claim presented by William and Barbara DeJarnett in which the DeJarnetts alleged a District responsibility for the landslide on the rear of their property. The DeJarnetts instituted litigation against certain of their neighbors, the Town of Moraga, and on August 22, 1984, also named the District in this action. This is the third lawsuit involving the District and the property at 119 Fairfield Place. The previous two were settled but the plaintiffs now allege a new cause of action. Attorney William H. Staples of Capps, Staples, Ward, Hastings & Dodson handled the two previous cases for the District through the District's insurance carrier and claims adjuster. He is very familiar with this landslide issue and has retained all of his previous records. Because of this experience, the staff would like to obtain his services for the District's defense. RECOMMENDATION: Authorize staff to negotiate and approve a legal services agreement with Capps, Staples, Ward, Hastings & Dodson. I Tlfc....DEPT .!DIV. REVIEWED AND RECOMMENDED FOR BOARD ACTION .*,\ '..'/ PM <C<SD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. VIII. SOLID WASTE 1 1 0 18 84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE October 10, 1984 SUBJECT TYPE OF ACTION RECEIVE REPORT REGARDING REFUSE COLLECTION FRANCHISE AGREEMENT RENEWALS RECEIVE REPORT SUBMITTED BY Walter N. Funasaki, Finance Officer INITIATING DEPT./DIV. Administrative/Accountin & Finance ISSUE: The terms of the existing refuse collection franchise agreements require written notification to refuse collectors prior to November 30, 1984, if the current agreements are not to be renewed for a ten-year option period beginning December 1, 1986. BACKGROUND: The report regarding refuse collection franchise agreement renewals was placed on the September 20, 1984 Board Agenda, but was deferred to the October 4, 1984 Board Meeting at the request of Sanford M. Skaggs, attorney for the refuse coll ectors. The Board of Di rectors consi dered the report on October 4, 1984 and, following a presentation by Mr. Skaggs, directed that: o the report be revised to clarify that negotiations between the District and refuse collectors should begin immediately and be concluded as soon as possible, but not later than December 1, 1985; o the notification letter to refuse collectors be revised to clarify that the term of the franchise renewal is an issue subject to negotiation; o the offici al s of Moraga, Lafayette, Danville, and San Ramon and the Orinda Association be invited to the October 18, 1984 Board Meeting to comment on the matter. The Position Paper report and the notification letter have been revised. These documents, and the prior correspondence received from the Town of Moraga, accompanied the letters to the city officials inviting their participation on October 18, 1984. A copy of the revised Position Paper (Attachment I> and notification letter (Attachment II), and common transmittal letter to the Orinda Association and the mayors of Lafayette, Danville, and San Ramon (Atachment III> and separate transmittal letter to the mayor of the Town of Moraga (Attachment IV), are appended. RECOMMENDATION: Review the report's recommended course of action and provide comment and guidance; approve distribution of the written notification to refuse collectors prior to November 30, 1984. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ ~~ WNF ( INITIATING DEPT./DIV. PM