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HomeMy WebLinkAboutAGENDA BACKUP 03-03-83
District
BOARD OF DIRECTORS
NO. VI. 1:\0. M.
1 3/3/83
POSITION PAPER
VIA: ROGER J. DOLAN
General Manager-Chief Engineer
DATE
Februar 28 1983
SUBJECT
TYPE OF ACTION
SUBMISSION OF PRICE WATERHOUSE REPORT ON
REFUSE COLLECTION RATE-SETTING PROCEDURES
RECEIVE CONSULTANT'S
REPORT
SUBMITTED BY
Walter N. Funasaki, Finance Officer
INITIATING DEPT./DIV.
Administrative
ISSLE: At its November 4, 1982 Board Meeting, the Board of Directors approved a work plan
proposed by Price Waterhouse to perform a review of the District's refuse collection rate-
setting procedures. The review has been completed, and the report by Price Waterhouse is
submitted herewith.
BACKGROUND: The Board directed Price Waterhouse to perform a review of the District's
refuse collection rate-setting procedures to include:
o performing a review of the District's refuse collection rate application analysis
procedures,
o analyzing alternative methods of determining reasonable rates,
o performing a survey of rates charged for similar services by companies operating
in other cities or areas, and
o recommending a methodology and procedure which satisfies the requirements of
the District.
The major recommendations and suggestions contained in the report are summarized
in the following paragraphs. Assessment by District staff of the applicability of the
recommendations to the impending rate application analysis for the new rate year
which normally begins April 1, 1983 is also provided.
Consider Requiring Rate Applications To Be Prepared In a Standardized Format and
Requirinq Inclusion of Operational Information
The consultant suggests requiring rate applications to be prepared in a structured and
standardized format to facilitate a more timely and efficient completion of the rate
application analysis; operational statistics should be required to provide a means to
monitor the applicant's operations by developing cost-volume and service relationships.
Staff Assessment: The implementation of the consultant's suggestions will
improve the rate application analysis process; however, rate applications from
Valley Disposal Service and Orinda-Moraga Disposal are expected to be received
within days; therefore, the use of prescribed standard formats would be appro-
priate for subsequent rate applications. Operating statistics should be requested
with the current rate applications, recognizing that certain statistics may not be
readily available. .
REVIEWED AND RECOMMENDED FOR BOARD ACTION
IN~TING DEPT./DIV.
t1d~'
WNF
PM
~
Consider Chanqing the Calculation of the Revenue Requirements From the Operating
Ratio Method To the Return On Equity Method
The consultant suggests that the District consider using the Return on Equity method in
place of the Operating Ratio method in determining the applicant's revenue require-
ments; the Return on Equity method would provide the District with the ability to
monitor the applicant's profit and provides a return to the owner based upon his
investment in the business and the associated risks.
Staff Assessment: As the Return on Equity method is based on the application of
a prescribed rate of return applied to the refuse company's stockholders' equity,
refuse collectors operating in more than one regulatory jurisdiction such as Valley
Disposal Service and Pleasant Hill Bayshore Disposal will require apportionment
of the stockholders' equity on some basis. If a satisfactory method of apportion-
ment is determined, the Return on Equity method may be used with the current
rate applications analysis. .
Consider Implementation of Incentive Plan For Cost Savings Proqram
i~
The consultant suggests that consideration be given to implementing an incentive plan
in which the refuse collector shares in cost savings identified by the collector or
through management audits. The cost savings program should provide for a sharing of
cost savings by the refuse collector and the rate payer. The duration of the sharing of
cost savings must be long enough to provide incentive for cost savings for the long-
term, as well as the short-term.
Staff Assessment: A cost savings program may be instituted with the Board
requesting interested refuse collectors to submit proposals which may be
considered at the time current rate application analyses are presented for Board
review. Established criteria for. acceptable cost savings proposals would be
required. Depending upon the specific cost savings proposal, the Board may find
that it may be unable to implement the consultant's suggestion without
performing a management audit. In order to monitor the cost savings program
and prevent abuse, the actual results attained would require verification by
periodic management audits.
Consider Additional Methods For Reviewing Related Party Transactions and Monitoring
Officers' Compensation
The consultant suggests additional methods for reviewing related party transactions and
officers' compensation including performing a review of Acme Fill's tipping rates,
reviewing the reasonableness of truck lease payments to F &F Leasing, requesting
supporting documentation for internal charges within the Valley Disposal Companies,
and using industry compensation guides for reviewing officers' compensation.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATltJG DEPT./DIV.
GEN. MGR.lCHIEF ENG.
Page 2 of 3 Pages
Staff Assessment: The additional methods for reviewing related party trans-
actions and officers' compensation can be initiated with the current rate
application analysis; however, the feasibility of a review of Acme Fill's tipping
fees is dependent on accessibility of that firm's records.
A copy of the consultant's report has been provided to the District's franchisee refuse
collectors. Written comments received from refuse collectors are-appended to this
Position Paper.
Representatives of Price Waterhouse and the refuse collectors will be in attendance at
the March 3, 1983 Board Meeting.
RECOMMENDATION: Receive Price Waterhouse's report on the District's refuse collection
rate-setting procedures and consider its findings and recommendations.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATI~IG DEPT./DIV.
GEN. MGR.!CHIEF ENG.
Page 3 of 3 Pages
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San
BOARD OF DIRECTORS
District
NO. VI. ADM.
3 3/3/83
POSITION PAPER
VIA: ROGER J. DOLAN
General Manager-Chief Engineer
DATE
SUBJECT
Februar 25 1983
TYPE OF ACTION
ADOPT PURCHASING AND MATERIALS POLICY, RECEIVE
INFORMA TIONAL COpy OF PURCHASING AND MATERIALS
MANUAL AND RECEIVE PURCHASING ISSUES INFORMATION
Adopt Purchasing and
Materials Policy and
R ceo I .
K. F. Lavert
INITIATING DEPT./DIV.
SUBMITTED BY
ISSUE: The California Government Code requires the adoption of a purchasing policy. Attached
is the redefined Purchasing and Materials Policy recommended by staff for Board adoption. In
addition, the staff is taking this opportunity to submit to the Board an informational copy of the
Purchasing and Materials Manual (PMM); and to address the Board's concerns on certain
purchasing issues.
BACKGROUND: Since centralizing the purchasing function for the District, numerous changes
in policies and procedures for District purchases have been required. To keep the Board
informed and to comply with the Government Code, the staff has redefined the Purchasing and
Materials Policy statement, has developed a District-wide Purchasing and Materials Manual, and
has explained the various purchasing issues raised by the Board.
A. Purchasing and Materials Policy: The California Government Code Section 54202 states:
"Every local agency shall adopt policies...governing purchases..." The staff recommends that
the attached redefined Purchasing and Materials Policy statement be adopted by the Board.
B. Purchasinq and Materials Manual: The PMM is designed to explain the Purchasing and
Materials Control organization, its functions, standards and procedures, and to serve as a tool
in personnel training. The PMM's contents are issued as District directives and shall be
approved by the Administrative Department Manager and the General Manager-Chief
Engineer. The PMM will be kept current and will include all Standards, Guidelines and
Procedures issued by the Purchasing and Materials Officer via the Administrative
Department Manager and the General Manager-Chief Engineer.
o The Standards contained in the PMM represent the basic intentions and goals of the
District. They represent the foundation upon which the District purchasing activity
operates, and are expected to be relatively independent of the changing technologies and
methods used to carry them out.
o The Guidelines section is an informational section used to familiarize personnel on
purchasing documentation, purchasing law, price considerations, and other purchasing
related reference material.
o The Procedures section contains the instructional procedures which establish the functions
and responsibilities of the applicable District personnel and defines the interfaces,
necessary approvals, and use.
C. Purchasing Issues: The Board has expressed concern over the rejection of the lowest bid, on
three occasions, caused by the apparent low bidder being declared non-responsive to the
District formal bid requirements. The individual issues that have resulted in problems are
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1. Bonds
o Bid Bond - Required of the bidder to ensure that the bidder will not withdraw the bid
at any time up until a commitment is made by the District, or for the duration of bid
validity. The furnishing of a bid bond is a good indication of the bidder's past
performance and reputation as far as the surety company is concerned.
Usually required on construction type contracts and on specific goods where
withdrawal of a bid could jeopardize project scheduling.
o Performance Bond - Ensures that the obligations assumed by the Seller, under the
terms of the purchase order or contract, will be fulfilled. This may also include an
assurance that the Seller will fully meet the specified warranty terms.
Performance bond would be required on construction type contracts and on specific
goods where delivery and quality were critical.
o Payment Bond - Ensures that the Seller will meet and pay for all costs that have been
accumulated as a result of meeting the obligations under the terms of the agreement.
These costs might include sub-suppliers' invoices, and wages for Seller's employees and
other persons performing work on behalf of the Seller. This bond is added insurance'
against liens being filed against the District for the Seller's nonpayment of costs.
Payment bond would be required on all labor type contracts.
2. Length of Time in Business
The requirement that a bidder must have been engaged in a particular business for a
specified minimum amount of time is related to quality assurance. This requirement helps
to protect the District from administrative costs that could arise from awarding a
contract or purchase order to a business that is not established financially or with no
proven record of performance. A new supplier may go out of business prior to contract
completion causing major delays or after delivery but prior to warranty expiration,
thereby voiding the warranty rights of the District.
The determination of the exact length of time in business, used on rare occasions for a
particular bid request, is determined by the requesting department in conjunction with
Purchasing and is based on relevant industrial practices. The specifying of this
requirement is a judgment that staff will be prepared to defend upon inquiry by the Board.
3. Non-U.S. Made Goods
Government Code of California, Chapter 4., Articles 4300 through 4305 states:
"4303. The governing body of any political subdivision, municipal corporation, or
district, and any public officer or person charged with the letting of contracts for (1)
the construction, alteration, or repair of public works or (2) for the purchasing of
materials for public use, shall let such contracts only to persons who agree to use or
supply only such unmanufactured materials as have been produced in the United
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT./OIV.
GEN. MGR./CHIEF ENG.
-2-
States, and only such manufactured materials as have been manufactured in the United
States, substantially all from materials produced in the United States.
4303.5. Any provision of this article to the contrary notwithstanding, any such body or
person may let a contract for the purchase of office machines or supplies therefor
without regard to the place of their manufacture or the source of the materials from
which such machines or supplies are manufactured, except that such contracts or
purchases shall be subject to the provisions of Section 4334.
4304. Every contract for the construction, alteration or repair of public works or for
the purchase of materials for public use shall contain a provision that only unmanufac-
tured materials produced in the United States, and only manufactured materials
manufactured in the United States, substantially all from materials produced in the
United States shall be used in the performance of the contract. Any person who fails
to comply with such provision shall not be awarded any contract to which this article
applies for a period of three years from the date of the violation.
.
4305. The name of the person failing to comply, together with a report of the facts
constituting the violation, shall be posted by the governing board or person who let the
contract in at least three public places in the county in which the contract was made."
Please note that our legal counsel has been researching court actions on this issue and
feels. that the law may not be as clear cut as it reads above. As an end result of our legal
counsel search and subsequent recommendation, a Standard will be added to the
Purchasing and Materials Manual.
4. Technical Specifications
Technical specifications are the responsibility of the originating department and are
provided to Purchasing by the department specifying the minimum technical criteria,
including delivery schedule, that the goods or service must meet.
Purchasing's responsibility is to review the technical specifications provided, checking for
errors, exceptions and any unnecessary restrictions that may result in eliminating a
product or supplier. Purchasing also looks for any potential legal implications and, when
questions arise seeks District legal counsel's advice.
The originating department has the final say on the content of the technical specification.
If a technical question arises at a Board meeting, then the originating department will
respond to that question. Administrative/Purchasing will endeavor to answer any question
other than technical asked by the Board.
5. Lowest Responsible Bidder
The District is directly bound to the Health and Safety Code of California in its
procurement practices. This code states: "When the expenditure required for a district
project exceeds Five Thousand Dollars ($5,000), it shall be contracted for and let to the
lowest responsible bidder after notice..." Notwithstanding the above, the Board has the
right to waive any irregularities in any bid, if in the judgement of the Board, it is
necessary or proper in the exercise of any of the powers of the District.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT./DIV,
GEN. MGR./CHIEF ENG.
-3-
The preceding paragraph is the source of almost all of the problems that the Board sees
when a request for purchase approval is brought before the Board. Purchasing can only
bring to the Board our recommendation and why it was made. The Board is the only
authority in the District that can waive a bid irregularity. Therefore, it is the
responsibility of Purchasing to point out to the Board any bid exceptions at the time of
public opening with our recommendations and reasons.
The Health and Safety Code does not define what a "district project" is or how to arrive
at the "lowest responsible bidder." Therefore, most Government agencies follow the
strict guidelines of rejecting any bid that is non-responsive (where exceptions are taken)
to any of the minimum bid requirements.
By following this guideline, the District has a clear basis for bid evaluation, that is all
minimum requirements are equal; therefore, the lowest price among the responsive bids
should prevail. However, this price may not be the lowest price received at the public bid
opening.
6. Supplier Education
Among the problems staff have identified are that our suppliers are used to a more
informal procedure. As the District moves into a more structured purchasing
environment, staff has begun an educational process with the suppliers on the correct
procedures for formal bidding and subsequent sealed bid responsiveness. Purchasing
endeavors to write clear bid instructions and bid requirements covering such things as:
What forms must be used; what submittals must be attached; what general and special
conditions the District requires; and what may happen if an exception is taken. This
continued restatement of District requirements along with supplier involvement will
substantially reduce the need to have the Board declare a bid non-responsive or to waive
irregularities.
7. Conclusion
While the above purchasing practices will be helpful, there is no hard and fast rule for
purchasing-related issues because each bid request has a different set of circumstances,
both technically and commercially. Staff will carefully review each bid request to
minimize future problems.
RECQMMENDA TION:
Adopt the Purchasing and Materials Policy as attached, and
receive an informational copy of the Purchasing and Materials Manual, and the information
related to Purchasing issues.
REVIEWED AND RECOMMENDED FOR SOARD ACTION
INITIATING DEPT./DIV.
GEN. MGR./CHIEF ENG.
-4-
<C!SD
Central Contra Costa Sanitary District
NO.
POLICY & PROCEDURE
EFFECTIVE
March 3, 1983
SUBJECT
SECTION
PURCHASING AND MATERIALS POLICY
Administrative
ESTABLISHED BY: REFERRING TO:
Ken F. Laverty, Purchasing & Materials Officer
It is the Central Contra Costa Sanitary District's policy to perform procurement
activities in conformance with all applicable laws and with the highest ethical
standards of business conduct.
The District's Administrative Department's Purchasing and Materials Section will
contract for purchase, rent or lease materials, supplies and equipment, and secure
services for the Districtls use with the objective that such goods and services will
be available at the proper time, in the proper place, in quantity, quality, and price
so as to receive maximum value in the conversion of the District's revenues; and
to maintain inventories of goods at minimum levels consistent with the user depart-
mentis needs while allowing the maximum conservation of the District's funds.
It is the responsibility of the Purchasing and Materials Officer to develop and
recommend the procedures necessary for the District to establish and administer
an effective purchasing and materials system.
It is the responsibi lity of the Department and Division Managers to ensure that
their department's personnel utilize the Purchasing and Materials Section for
its department's purchasing.
I SHEET 1
OF
Contra Costa Sanitary
BOARD OF DIRECTORS
NO. VI. Adm.
POSITION PAPER
VIA: ROGER J. DOLAN
General Manager-Chief Engineer
SUBJECT
DATE
February 23, 1983
TYPE OF ACTION
AUTHORIZE $1,703.00 OUT OF SEWER CONSTRUCTION
FUNDS FOR SUPPLEMENTAL FURNITURE ORDER
Authorize Funds
SUBMITTED BY
Paul Morsen
INITIATING DEPT./DIV.
Administrative
ISSUE: As requested by the Board during presentation of the initial furniture request, the staff
has evaluated furniture needs after occupying the new Headquarters Office Building and is
recommending purchase of supplemental furniture items at this time.
BACKGROU\lD: When staff requested the initial furniture order for the new Headquarters
Office Building, the Board requested that staff not purchase all of the items requested at that
time, but rather defer several items and, based upon their demonstrated need after occupancy,
to approach the Board for a supplemental furniture order, if necessary. After occupying the
new building, staff has re-evaluated the items which were deferred and recommends the
purchase of some of this deferred furniture for certain areas of the building in Administrative
and Engineering Departments as outlined on the attachments to this position paper. Every
effort was made to minimize this request; for example, some old furniture will be proposed for
reupholstery in this coming fiscal year's budget as a less expensive alternative to replacement.
Substantiation of the furniture requested is itemized on the attachments; but generally
speaking, items are being recommended and requested either because no item exists or the
present item is unserviceable. The department managers of the Administrative and Engineering
Departments will be available to respond to questions from the Board regarding any particular
item that appears on our request.
The Board authorized $132,900 for the initial furniture requirements for the Headquarters
Office Building. As a result of specification changes and subsequent negotiations, the actual
cost of the furniture acquired totaled $119,639, and an unexpended balance of $13,261 was
produced. The supplemental furniture cost totals $14,964; therefore, the additional furniture
authorization which is now requested totals $1,703.
RECOMMENDED: Authorize $1,703 funds from Sewer Construction Funds for the purchase of
supplemental furniture for the new Headquarters Office Building.
INITI
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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Sanitary
BOARD OF DIRECTORS
NO. IV. Bi ds & Awards
POSITION PAPER
VIA: ROGER J. DOLAN
General Manager-Chief Engineer
DATE
Februar 25, 1983
SUBJECT
AUTHORIZATION TO AWARD CONTRACT FOR GARMENTS
AND LINENS RENTAL AND LAUNDRY SERVICES
TYPE OF ACTION
Award of Contract
SUBMITTED BY INITIATING DEPT./DIV.
K. F. Lavert , Purchasin & Materials Officer
ISSUE: The District requires garments and linens rental and laundry services. Purchasing has
complied with the formal bid request procedures for these services, and we recommend that the
Board authorize contact award.
BACKGROUND: One function of a centralized purchasing operation is to identify products or
services where overall District costs can be reduced by combining the requirements of all'
District departments into one purchase order or contract to achieve economy of scale. The
garments and linens rental and laundry services is one such area in which Purchasing anticipated
that both improved supplier performance and a substantial cost savings could be realized.
Purchasing formed a bid request document that covered in detail supplier's obligations for
quality, performance, and responsibilities. Furthermore, we established a committee comprised
of all involved departments to review, comment, and approve the bid request.
The finalized bid request was publicly advertised and bid opening took place February 18, 1983.
We received two bids. Both are completely responsive and are shown in the attached tabulation
of bids. The two bidders quoted fixed unit prices per garment cleaned. Based upon the typical
District requirements as of January, 1983, the average price per month for the required
garments (uniforms) rental/laundry services (Item 1. on attachment) is:
Certified Garment @) $2,154.54/month
Servisco @) $3,041.31/month
The actual monthly charge will vary depending on the exact number of uniforms cleaned which
will fluctuate due to employee sickness, vacations, and seasonal adjustments for garment styles.
The required linens, rugs, coveralls, etc. (Item 2a.-h.) are estimated to cost an additional $600
per month from either supplier. The combined monthly cost of approximately $2,800 reflects a
District-wide savings of $1,200 per month.
Garments and linens rental and laundry services are departmental O&M budget expenses,
therefore, we are not requesting additional funds from the Board.
RECOMMENDA TION: Authorize award of a fixed unit price contract to Certified Garment and
Linen Supply for the garments and linens rental and laundry services.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
KFL
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
N~ V. Consent Cal.
83
POSITION PAPER
VIA: ROGER J. DOLAN
General Manager-Chief Engineer
DATE
SUBJECT
QUITCLAIM PORTION OF EASEMENT, JOB 1276, PARCEL 2,
LAFAYETTE AREA
EXECUTE QUITCLAIM OF
EASEMENT
SUBMITTED BY
Denn is Ha 11
INITIATING DEPT./DIV.
Construction and Services Division
ISSUE: The District has been requested to quitclaim a portion of an existing
sewer easement.
BACKGROUND: The District's Survey Division has determined that the existing
publ ic sewer was not constructed on the centerl ine of the subject easement
and may be outside of the easement in one area. A replacement easement over
the centerline of the existing sewer main has been granted to the District.
RECOMMENDATION: Approve and execute Quitclaim Deed and authorize its recording.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
fit
(II#)
INITIATING DEPT./DIV.
DH
((sD
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
NO.V. Consent Cal.
3 3 3 83
POSITION PAPER
VIA: ROGER J. DOLAN
General Manager-Chief Engineer
DATE
SUBJECT
Februar
TYPE OF ACTION
QUITCLAIM PORTION OF EASEMENT, JOB 366, PARCEL 1,
MORAGA AREA
EXECUTE QUITCLAIM OF
EASEMENT
SUBMITTED BY
Dennis Hall
INITIATING DEPT.!DIV.
Construction and Services Division
ISSUE: The District has been requested to quitclaim a portion of an existing
sewer easement.
BACKGROUND: The publ ic sewer which is in the subject easement is being
relocated to permit the construction of several stores in the Rheem Valley
Shopping Center. A replacement easement has been granted to the District
covering the new sewer alignment.
A quitclaim processing fee has been paid by the property owners.
RECOMMENDATION: Approve and execute Quitclaim Deed and authorize its recording.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
lilt
:Mt
./
INITIATING DEPT.!DIV.
DH
Contra Sanitary District
BOARD OF DIRECTORS
NO.
VII. Wtr.Pol. Con. It.
POSITION PAPER
VIA: ROGER J. DOLAN
General Manager-Chief Engineer
DATE
March 1, 1983
SUBJECT TYPE OF ACTION
BOARD ACCEPTANCE OF 1982 ANNUAL SELF-MONITORING PROGRAM REPORT ACCEPTANCE OF REPORT
INITIATING DEPT./DIV.
Plant Operations Department
Issue: The Central Contra Costa Sanitary District's Self-Monitoring Program Annual
Report for 1982 has been prepared for submission to the California Regional Water
Quality Control Board, San Francisco Bay Section.
SUBMITTED BY
C. W. Batts
Background: All effluent requirements were met through the year with the exception of
25 nonzero chlorine residual tests out of 8,760 analyses. These nonzero violations
were measured at the Water Pollution Control/Reclamation Plant and were a result of
process control problems, with a duration of 25 hours. The effluent discharge to the
receiving waters is several miles downstream of the sample point, and full
dechlorination occurred prior to discharge to Suisun Bay. In December there was a
total coliform violation due to moving the sampling point to accommodate work on the
new plant dechlorination facil ity.
There was a total of 16,644 million gallons of wastewater treated for an average
daily flow of 45.6 million gallons. This flow is an 18 percent increase over 1980
and a 21 percent increase over 1981. The treatment plant operated throughout the
year and produced an average BOD of 6 mg/l and suspended solids of 7 mg/l for a
96 percent and 95 percent removal respectively.
There was a total of 63,636 tons of solids produced this year for an average of
5,303 tons per month. These solids met the regulatory criteria for off-site disposal
and were transported by truck for off-site disposal.
Upon acceptance of this report by the Central Contra Costa Sanitary District's Board
of Directors, the Annual Report will be submitted to the Regional Water Quality
Con,t ro 1 Boa rd.
Recommendation: Acceptance of the 1982 Annual Self-Monitoring Program report.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
CWB