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Home My WebLink AboutAGENDA BACKUP 10-04-84 <((5D Attachment I Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. IX. , POSITION PAPER VIA: ROGER J. DOLAN Gen.,al Manager-Chief Engineer DATE Sept..ber 12, 1984 TY~E 0" ACT ION SUBJECT RECEIVE REPORT REGARDING REFUSE COLLECTION FRARCHISE AGREEMENT REREWALS RECEIVE REPORT SUBMITTED BY Walter R. Funasaki Finance Otticer INITIATING DEPT./DIV. Admini.trative Department ISSUE: Tbe term. ot tbe exi.ting retu.e collection trancbi.. agreements require written notitication to retu.. collector. prior to November 30. 1984, it tbe current agreement. are not to be r.newed tor a t.n-year option period beginning D.c.mber 1. 1986. BACltGROURD: CoIIIJDon trancbi.e agr....nt. w.r. execut.d on Rovnber 2J&. 1961 by tbe Di.trict witb all retu.e collector. grant.d trancbi.e. to operate witbin District boundarie.. Tb. t.rm ot tbe agre...nt. wa. D.c.mber 1. 1961 through November 30, 1976, witb an option to .xt.nd tor an additional ten-y.ar period. Tbe ten-year option was ex.rci.ed tor a t.rm beginning December 1. 1976 and ending November 30, 1986. Tb. trancbi.. agreement. w.r. amended upon exerci.e ot tbe initial option period, and provid.d tor an additional option to ext.nd tb. t.rm ot tbe agreement, and tbe trancbi.e. grant.d tbereby. tor ten ,ear. troll December 1, 1986. Tbe additional ten-year option period i. exerci.able by tbe retu.e collector., unle.. at least two year. prior to tbe termination ot tb. agreement. on November 30, 1986, tbe Di.trict notitie. tbe coll.ctor. in writing tbat it doe. not desir. the agreement. to be ext.nded tor tbe additional ten-year periOd. Tbe retu.e collector. au.t notity tbe Di.trict at least two year. prior to the expiration ot the agreements on Nov.mber 30, 1986. it tbey decide to exerci.e tbe option tor tbe additional ten-year t.rm, but .uch notitication will n.v.rth.le.. be .ubject to tb. Di.trict'. right ot discontinuing the option; a. ot September 12, 1984, tbe Di.trict bas receiv.d on. written notitication requesting exerci.. ot tbe option tor tbe additional ten-year term. A Di.trict ta.k torce was organized to review alt.rnative. to routine exerci.e ot the option period, and to identity nece.sary revi.ion. to the trancbise agreements in oonsideration ot tbe ettect. ot tbe tollowing signiticant i.sues and uncertaintie.: ( Direction ot Wastestream Th. Di.trict and tbe Contra Costa County bav. initiated a solid waste aanagement .tudy wbicb could lead to tbe construction ot a landfill, wast.-to-.n.rgy tacllit)' or transter station wbicb aay be publicl, owned or operat.d. Provi.ions witbin tb. tranchise agr....nt which assure oontrol and direction ot tb. wast.str.am are required. Pre..nt provi.ions in tbe trancbis. agr.ement whicb give tbe Di.trict tb. right to require delivery ot retus. to a sit. owned or controll.d by tb. Di.trict lack tb. speciticity required to secure tinancing REVIEWE WNF . fAB " M. k. INITIATING DEPT./DIV. hA'~ RB JK Term of the Franchise The solid waste management project referred to in the preceding paragraph is characterized by substantial uncertainties such as the location and ownership of the landfill, waste-to-energy facility or transfer station, and the financing requirements for such facilities. In view of such uncertainties, a shorter renewal period would provide the flexibility to incorporate necessary changes. It is proposed that the District extend the franchise agreements for a three year period from 1986 to 1989, with the provision for up to three one year renewal s. Anti-Trust Uncertainty Recent judicial rulings have raised uncertainty regarding the right of public agencies to grant exclusive franchises for providing services such as refuse collection without being found in viol ation of state and federal anti-trust regu1 ations. This matter is presently under review by District Counsel. Revisions to the franchise agreements to include protective provisions which would avoid anti-trust challenges would be necessary. Transfer Stations One possibility that may come to pass would be a publicly-owned or operated transfer station for Central County refuse. The right to direct the wastestream to such a facility prior to its u1 timate disposal wou1 d be necessary. Additionally, a recycling facility co-located at a transfer station would require ownership of the wastestream once the refuse arrives at the transfer site. Additions to the franchise agreement addressing these two issues would be desirable. Recycling Refuse In view of the public interest in recycling and the urgent landfill capacity problem, the District would be interestd in broadening i~s efforts in cooperatively working with the franchisees in pursuing the establishment of a program for recycling refuse. Hazardous Waste State and federal agencies continue to deem new substances hazardous. Increasingly, fines are levied for those associated with the unauthorized disposal of hazardous waste. More and more, public concern mounts over toxics. For these reasons, addressing the refuse collectors' role in identification of hazardous waste and to prevent unauthorized dumping of hazardous waste at a county 1 andf 111 shou1 d be addressed in the franch 15e agreement. REV'OED AND RECOMMENDED I'OR aOARD ACT'ON INITIATING DIPT./DIV, GEN. MGR.lCHIIF ING. Insurance Limits The required amounts of public liability and property damage coverages for the refuse collectors should be raised and the indemnification provisions revised in light of new statutes and Judicial decisions. Assignability of Franchise A more clearly defined prohibition against the transfer of the franchise without the consent of the District including a prohibition against such transfer that might take place through a sale of stock of a corporate franchise is advisable. Standardized Rate Applications As recommended by the consultant hired by the District, standardization of rate increase applications has been implemented. Incorporation of provisions within the franchise agreements which specifies requirements for submission of standardized rate applications, audited financial statements and operating statistics is desirable. Based on the foregoing, the task force recommends the course of action described bel C1fI: 1. Written notification should be made to the refuse collectors prior to November 30, 1984 advising that the ten-year option period beginning December 1, 1986 will not be granted. A draft of the written notification is attached. 2. Begin immediate negotiations to be concluded as soon as possible, but in no event 1 ater than December 1, 1985 , to 1 ncorporate any necessa ry revisions including those described in this position paper; the new agreement is proposed for a three to six year period beginning December 1, 1986. 3. During the three-year period of the revised agreement from December 1, 1986 through November 30, 1989, :further review of the franchise agreement provisions would be undertaken in light of developments in the landfill and waste-to-energy proJ ect. 4. Enter into year-by-year renewals of the franchise agreements from December 1, 1989, as appropriate. RECOt-fJlENDATION: Review the task force's recommended course of action and provide comment and guidance; approve distribution of the written notification to refuse collectors prior to November 30. 1984. WNF /1 P uv,nED ~HD ftECOMMEHDED I'Oft .0~ftD ~CT'OH INITIATING DIEPT./DIV. GlEN. MG".teHIIE" IENG. Attachment II Central Contra Costa Sanitary District Martinez, California 94553 . 5019 Imhoff Place (415) 689-3890 October 5, 1984 ROGER J. DOLAN O.n".1 M.n.g.r Chi,. Engin..r J. J. CARNIATO Coun"1 tor thl Olltrict (4151 283-1552 JOYCE E. McMILLAN Sacr..ary of thl Oiltrict Dear SECOND AMENDED ~REEM::NT FOR COLLECTION, REK>VAL AND DISPOSAL OF GARB~E BY AND BETWEEN CENTRAL CONTRA OOSTA SANITARY DISTRICT AND V ALLEY DISPOSAL SERVICE Pursuant to the agreement entered into between the Central Contra Costa Sanitary District and Valley Disposal Service, the franchise granted by that contract may be extended for an additional term of ten years fran December 1, 1986 unless the District notifies the franchisee in writing that it does not desire that agreement to be extended for an additional ten years. The purpose of this letter is to advise you that pursuant to the District's rights contained in Paragraph 22 of said agreement, the District does not desire that agreement to be extended for an additional ten year period. As you know, the question of solid waste in the County of Contra Costa is currently undergoing a review by this agency and others. The question of dump siting, potential waste-to-energy projects and legal canplications raised in part by the Boulder decision and the decision recently rendered by the Federal Di strict Court in the city of Chul a Vi sta case are canplicating factors. Notwithstanding this notification to you of the non-extension of the franchise for a ten year period, the District is prepared immediately to negotiate with you for an extension of the franchise. In any such negotiation, the following items would be addressed: 1. L1tiQation: The District must be protected relative to any l1tigation that might be instituted challenging the franchise due to anti-trust or other legal issues; 2. Transfer Station: Negotiations woul d address the ownership, use and operation of transfer stations; BOARD OF DIRECTORS PARKE L. BONEY STEELE NELS E. CARLSON, JR. WILLIAM C. DALTON President JOHN B. CLAUSEN ALAN L. STANLEY 3. Term of the Franchise: In view of the uncertainties regarding the location, ownership, and financing requirements for a new waste disposal site, a shorter renewal period would provide the flexibility to incorporate necessary changes. A renewal period of three years from 1986 to 1989, with the provision for up to three one year renewals would provide the desired flexibility. 4. Disposal of Garbage: Those general provisions of Paragraph 5 entitled "Disposal of Garbage" would be addressed in such negotiations. The District's intent is to broaden its authority concerning the disposition of all garbage collected under the franchise; 5. Recycling Refuse: In view of the public interest in recycling and the urgent landfill capacity problem, the District would be interested in broadening its efforts in cooperatively working with the franchisees in pursuing the establishment of a program for recycling refuse; 6. Insurance and Indemnification: A review of the current franchise agreement indicates that the thresholds of public liability and property damage insurance are too low and need to be raised. It also appears that the indemnification provisions contained in Paragraph 17 of the current agreement need to be revised in light of new statutes and judicial decisions; 7. AssiQnment of Franchise: The Di strict w111 requi re a more clearly defined prohibition against transfer of the franchise without the consent of the District, including a prohibition of any such transfer that might take place through a sale of stock of a corporate franchise; 8. Standardization of Rate Applications: As recommended by the consultants hired by the District, standardization of the rate increase applications has been implemented. The District desires an incorporation of provisions within the franchise agreement which specifies requirements for submission of standardized rate applications, audited financial statements and operating statistics. The above outline of negotiations is not meant to limit negotiations, but to provide you with a statement of' 'the District's current position in order that you might advise the District as to whether there is any interest in entering into negotiations as outlined above. Pl ease adv i see Thank you for your courtesy and cooperation. Very truly yours, William C. Dalton, President Board of Directors WCD/l P \ttachment II I Central Contra Costa Sanitary District 5019 lmhoff Place Maninez, California 94553 . (415) 689-3890 October 5, 1984 ROGER J. DOLAN Oan.,a' Manlger Chi" Engln..r J. J. CARNIA TO Coun..1 tor the Olllnet C.,5) 283-'552 JOYCE E. .....lllAN lecretary 01 the Dlltrict Dear Mayor The present refuse collection franchise agreement between Central Contra Costa Sanitary District and Valley Disposal Service extends through November 30, 1986 and may be extended for an additional term of ten years from December 1, 1986, unless the District notifies the refuse collector in writing prior to November 30, 1984 that it does not desire the current agreement to be renewed for the ten-year option period. The sol id waste lIanagement project initiated by the District and Contra Costa County is characterized by substantial uncertainties such as the location and ownership of the landfl1 1, waste-to-energy facl1ity or transfer station, and the financing requirements for such facl1ities. Recent judicial decisions have raised uncertainties regarding the right of publ ic agencies to grant axel usive franchises for services such as refuse collection without being found in violation of state and federal anti-trust regul ations. Because of these and other significant issues and uncertainties, the District intends to incorporate specific revisions to the franchise agreement, including a shorter renewal period, through negotiations with the refuse collector during the intervening period prior to expiration of the current agreement. The District's Board will consider this matter further at its October 18, 1984 Board meeting to be held at 7:30 p.m. in the District offices at 5019 Imhoff Place, Martinez. Comments from officials of cities served by refuse collectors franchised by the District regarding proposed revisions to the franchise agreement provisions and renewal term would be welcomed. A copy of a letter sent to the District's Board by the Town of Moraga requesting an opportunity to provide .the Board with its CCllMlents is attached for your information. Al so incl uded for your information are the staff Position Paper and letter draft of the written notification to the refuse collector which were presented to the Board of Directors on October 4, 1984. szelY' . ~~,~ Walter N. Funasaki Finance Officer WNF/lp Attachments Attachment IV Central Contra Costa Sanitary District S019 Imhoff Place Martinez., California 94553 . (415) 689-3890 October 5. 1984 ROGER J. DOLAN O.n.'.1 ...n.g.. Chill Enoln... J. J. CARNIATO Coun..1 for the Oiltrict (415) 283-1552 JOVCE E. M.MILLAN 1a...I..y 01 111. 01...1.1 Honorable William G. Combs Mayor of Town of Moraga 350 Rheem Boulevard. Suite 2 Moraga. CA 94556 Dear Mayor Combs: I am writing at the request of the Board of Directors to acknowledge receipt of your letter dated October 4. 1984 in which you requested the opportunity to provide comments regarding the renewal of the franchise agreement with Orinda-Moraga Disposal Service. Upon receiving your request. the Board agreed to consider the matter further at its October 18, 1984 meeting to be held at 7:30 p.m. in the District offices at 5019 Imhoff Place, Martinez. Comments from officials of cities served by refuse collectors franchised by the District have been invited. Included for your information are the staff Position Paper and letter draft of the written notification to the refuse collector which were presented to the Board of Directors on October 4. 1984. Sincerely, ~~JJ. Walter N. Funasaki Finance Officer WNF /1 p Attachments {((SD Central Contra Costa Sanitall"Y District BOARD OF DIRECTORS NO. IV. HEARINGS 1 1 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE Septem~er 25, 1984 TYPE OF ACTION Conduct Pub] ic Hearing, Establish Bidding Proces , Ado t Ordinance SUBJECT CONDUCT PUBLIC HEARING ON PROPOSED DISTRICT PROPERTY LEASES, ESTABLISH COMPETITIVE BIDDING PROCESS FOR LEASING PROPERTY, AND ADOPT DISTRICT PROPERTY LEASE ORDINANCE SUBMITTED BY Paul Morsen, Administrative Dept. Manager INITIATING DEPT./DIV. Administrative ISSUE: In accordance with Section 6514.1 of the California Health & Safety Code, a publ ic hearing must be conducted on the proposed leasing of District property. The process for competitively bidding such leases must be establ ished by Board action, and an Ordinance setting forth the appropriate findings must be adopted. BACKGROUND: Pursuant to Section 6514.1 of the California Health & Safety Code~ the appropriate Publ ic Notice for holding a publ ic hearing on the proposed leasing of District property was completed. At this publ ic hearing all persons present are to be heard with respect to the proposed decision to lease specific portions of the District's property. The District staff ha6 identified three pieces of property, in whole or in part, that are suitable for leasing to private enterprise and has developed the base lease agreement conditions for use in final izing each specific lease. The base lease agreements are contained in Attachments I through I I I. Attachment I Upper level of the building and appl icable parking area at 1250 Springbrook Road, Walnut Creek, CA., Assessor's #177-270-07 and #177-280-07. Attachment II Parcel C.1. located between Grayson Creek and Walnut Creek and Highway 4 and South of Imhoff Drive, Assessor's #159-140-51 consisting of approximately 33 acres. Attachment I I I Parcel C.2., or portion thereof, between Grayson Creek and Walnut Creek and North of Imhoff Drive, Assessor's #159-140-52 consisting of approximately 7 acres. The Code also requires that the Board establ ish the competitive bidding process. The objective of this bidding process would be to allow for the greatest economic return to the District, while assuring that any lessee, or the activity to take place on the lease property, is consistent with the publ ic mandate to the District and in itsbest interests. Attachment IV is the staffls recommendation for the Board's review and approval on the competitive bidding process. The bidding process is designed to allow the use of the services of a professional real estate broker, if the situation warrants. DEPT.iDIV. 8f~ tV.fIr REVIEWED AND RECOMMENDED FOR BOARD ACTION PM JC '4G KL RJD The Board, if it wishes to proceed after the publ ic hearing, must find that: 1. The property will not be needed for the purposes of the District during the term of the lease and that it is in the best interests of the District and the users of its sanitary system that the lease be entered into, and 2. the lease will provide revenues to the District for operation and maintenance of its sanitary sewer system and wastewater treatment and disposal facil ities, and to finance the acquisition, construction, and improvement of these facil ities. RECOMMENDATION: Conduct the publ ic hearing on leasing the District property described herein, establ ish the competitive bidding process for leasing such property, and adopt Ordinance. REVIEWED AHD RECOMMEHDED FOR SOARD ACTIOH INITIATING DEPT./DIV. GEN. MGR./CHIEF ENG. Central Contra Costa Sanitary District Martinez, California 94553 . 5019 Imhoff Place (415) 689-3890 ROGER J. DOLAN General Manager Chief Engineer J. J. CARNIA TO Counsel for the District (415) 283-1552 JOYCE E. McMILLAN Secretary of the District PROPERTY LEASE This Lease, made this day of , 19_, by and between (hereinafter referred to as "Lessee"), and Central Contra Costa Sanitary District (hereinafter referred to as the "District"). WITNESSETH: For and in consideration of the sums agreed to be paid herein and the mutual understanding of the parties hereto; it is agreed between them as follows: 1. DESCRIPTION OF PROPERTY: The District does hereby lease unto the Lessee, and the Lessee does hereby lease from the District, the following described real and personal property attached hereto as Exhibit "A" as though fully set out and by this reference made a part hereof; said real and personal property being situated in the City of Walnut Creek, County of Contra Costa, State of California; upper level of said building and 23 parking spaces at 1250 Springbrook Road. 2. RENT: Lessee agrees to pay as rent for said premises through the terms orthis Lease the sum of $ per month, the first month's rent and the last month's rent, a total of $ payable in advance, in lawful money of the United States on the first day of each and every month of the term. All rent shall be payable to the District and delivered to or mailed to the District at the address hereinafter specified. Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Attention: Accounting 3. TERM: commences on the the day of The term of this Lease shall be for years and day of ,19 ,and ends on , , 19_, at midnight. 4. ~: The parties intend that the premises leased are to be used and occupied by Lessee for . Lessee warrants that the premises shall be used for lawful purposes. 5. REPAIRS AND MAINTENANCE: The District will, at its own expense, and on reasonable notice, maintain in good and sufficient repair the foundation, exterior bearing walls, roof of buildings, HVAC equipment, and do grounds maintenance on the premises. Lessee accepts all premises in an "as is" condition. Lessee shall, at its own expense, maintain in good and sufficient repair the entire leased premises, except as required of the District above. Lessee's obligations for maintenance and repair include also damages inflicted upon buildings and grounds as a result of the acts of business guests of the Lessee, but Lessee shall have the right to bring action for damages against such persons causing the same. At the expiration or other termination of this Lease, Lessee shall deliver up the leased property to the District in substantially as good condition as when received, except for natural wear and deterioration from reasonable use, and damage or loss by fire, the elements, and acts of God, and except for those parts of said premises which the District is required to maintain and loss or damage caused by the District's failure so to maintain such parts. Lessee hereby waives the provisions of Section 1942 of the Civil Code of the State of California. 6. UTILITIES: Lessee shall pay for all charges for garbage collection, electric power, and for any other uti 1 ities (without limitation by the foregoing specific references), used by Lessee. The District will pay for natural gas, water, and sewage. 7. SUBLETTING AND ASSIGNMENT: Lessee shall not have the right to Sub-Lease. Lessee shall not have the right to assign this Lease. 8. INSOLVENCY: In the event Lessee shall become bankrupt or make a voluntary assignment for the benefit of creditors or in the event a receiver or trustee for Lessee or Lessee's property shall be appointed, then at the option of the District, upon fifteen days' written notice to Lessee of the exercise of such option, this Lease shall cease and come to an end, unless such bankruptcy, assignment or receivership shall have terminated within the said fifteen days. 9. FIRE INSURANCE: At all times after the execution hereof the Lessee shall maintain in full force and effect fire insurance with extended coverage endorsement on the improvements then included in the demised premises in solvent and responsible companies authorized to do business in the state. Lessee shall be responsible for the insuring and protecting of any stock, furniture, or merchandise or other property of the Lessee upon the premises, and expressly agrees that the District shall in no way be responsible for any injury to or damage of the merchandise, stock, or furniture, personal property or equipment of the Lessee at any time upon the premises from any cause whatsoever. Neither the District nor the Lessee will bold the other responsible for loss to their respective properties by fire, lightning, vandalism or other perils included in any extended coverage endorsement, and each hereby waives any subrogation rights it may have for such loss. -2- If the leased premises or any portion thereof are made untenantable by fire, the elements or other casual ty , rent for the entire leased premises or affected portion thereof shall abate from the date of such casualty to restoration of tenantability. The District shall restore the same with all reasonable speed, using the proceeds of any casualty insurance for such purposes. 10. OTHER INSURANCE: Lessee shall, at its sole expense, maintain in effect at all times during the performance of its obligations hereunder insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the District. Coverage: Minimum Amounts and Limits Comprehensive General Liabili ty ( I) Bodily Injury (II) Property Damage $500,000 each occurrence $500,000 each occurrence The coverage shall contain the following endorsement: (a) Public Liability coverage shall contain a standard cross-liability endorsement and, in addition, name as additional insured, the District, its Counsel, Board, officers, employees and agents. (b) A statement that the coverage does not contain exclusions as to loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly refered to by insurers as the .XCU. hazards. (c) All coverages shall contain an endorsement precluding cancellations or reduction in coverage before the expiration of thirty (30) days after the District shall have received written notification thereof from the insurance carrier. Lessee shall deliver a copy of the Certificate of Insurance to the District, at least five (5) days prior to occupying the leased property. 11. ACCESS: The District will have the right to enter upon the leased premises at all reasonable hours for the purpose of inspecting the same and making repairs which the District is obligated to make or elect to make. The District will have the right to free access by its vehicles, its employee'S vehicles, and authorized guest of the parking lot area(s) at all times. 12. DEFAULT AND RE-ENTRY: If default is made in the payment of the rent or any installment or part thereof, or if Lessee fails, neglects, or refuses to perform, meet or observe any of Lessee's obligations hereunder, or if Lessee shall abandon or vacate the property, the District at any time thereafter without notice or demand may lawfully re-enter the property or any part thereof, either with or without process -3- of law, and expel, remove, and put out Lessee, and may remove all personal property therefrom, using such force as may be necessary to repossess and again enjoy said property as before this Lease, without prejudice to any remedies which the District might otherwise have to recover for arrears of rent or preceding breach of covenant or condition or any other rights or remedies which the District may have, and without liability to any person for damages sustained by reason of such removal. 13. COSTS OF SUIT: If legal action shall be brought by either of the parties for unlawful detainer of the leased property, or for the recovery of any rent due under the provisions of this Lease, or because of the breach of any term, covenant or provisions hereof, the party prevailing in said action shall be entitled to recover from the party not prevailing, costs of suit and a reasonable attorney's fee which shall be fixed by the judge of the court. 14. NON-WAIVER OF BREACH: The failure of the District or the Lessee to insist upon strict peformance of any of the covenants and agreements of this Lease shall not be construed to be a waiver or relinquishment of any such or any other covenants or agreements, or as an extension for the performance of any covenant herein to be performed by Lessee, but the same shall be and remain in full force and effect. 15. PUBLIC REQUIREMENTS: Lessee agrees to conform its use and occupancy of the leased premises to the laws relating thereto and to all requirements of and payment of any fees charged by any publiC authority of regulatory body having jurisdiction thereof at any time during the term of this Lease. 16. NOTICES: Wherever this Lease provides for notices between the parties, or wherever the law requires or gives the right of serving a notice, the same shall be served by registered or certified mail, addressed to the District as follows: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 ATTENTION: Ken F. Laverty, PurChasing & Materials Officer If to Lessee: 17. QUIET ENJOYMENT: The District covenants that Lessee, faithfully observing and fulfilling the terms and covenants of this agreement, shall have and be entitled to enjoy the peaceful possession and quiet enjoyment of the leased premises. -4- 18. TAXES AND ASSESSMENTS: Lessee shall be liable ~or, and shall pay throughout the term of this Lease, all license and excise fees and occupation taxes covering the business conducted by it on the premises, and all taxes on the lease hold interest o~ such Lessee on the premises. 19. RIGHT OF TERMINATION: The District and Lessee agree that notwithstanding any other provision o~ this Lease, the District may terminate this Lease by giving written notice, as provided above, to Lessee ninety (90) calendar days in advance o~ said desired termination date should said termination date be other than that contemplated above. Nothwithstanding the above paragraph to the contrary, the District shall have the right to terminate this Lease as to all or any portion of the property if the District Board declares the same to be devoted to public use. Said termination shall become effective upon the District giving Lessee thirty (30) calendar days prior written notice thereof. In the event o~ such termination, any claim ~or damages shall be limited to a pro-rata refund of rental paid in advance but not earned. 20. additions, District. LESSEE'S ALTERATIONS: Lessee shall not make any alterations, or improvements without the prior written consent of the Lessee shall not suffer or commit any waste of the premises. 21. INDEMNITY: Lessee hereby indemnifies and shall defend and hold harmless the District and all its employees or authorized representative(s) from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature whether arising before or after termination of the Lease and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part by reason of any act, ommission, fault, or negligence whether active or passive of Lessee, or of anyone acting under its direction or control or on its behalf in connection with or incident to the performance of this Lease. Lessee's aforesaid indemnity and hold harmless agreement shall not be applicable to any liability solely caused by the faul t, negligence, or willful misconduct of the District or its representatives. 22. SEPARABILITY: If any provision of this Lease is held void for any reason, the remainder of the agreement shall be and remain in full force and effect as so modified. 23. ~: This Lease is governed by the laws of the State of California, and any venue of action shall take place in the County of Contra Costa, State of California. 24. CONFLICT OF INTEREST: Lessee hereby warrants and represents to the District that no officer and/or employee of the District nor any member of the District's Board of Directors has or will have, directly or indirectly, any interest whatsoever in this Lease. -5- The undersigned agrees to all terms and conditions of this Lease Agreement, and the signators hereto oertify and warrant that they are authorized to sign: CENTRAL CONTRA COSTA SANITARY DISTRICT BY: BY: TITLE: TITLE: DATE: DATE: APPROVED AS TO FORM: BY: TITLE: Counsel for the District DATE: -6- . I . . ; " , . . UJ, o : <I ..i a: ~ a: uJ~ / ....> cr./, uJ::> a:Ul m~ ~O <(C J:o::: ..J8 uJUJ CO::: 1 ..- .-. -.~ \f' ~O t \ ~~ C'\rt I \ i'\'-. ~(' -- ~ - " ," @ Q' "". ~. .' .' ~. ~. T'60 '::t~ ~~ VI' @. @ ~ ... ..~ ~.I. -." .3~.~ _.. _ .. . . :1 .. 3 .. .. O ~Ii i II ~ ,. " ~ Ii it c\ i " \ \ \ @ <( I- co :I: X LLJ ;>. ..... \ \ \-- / ~ 9 I "'"60 : \ ....'" \ D \ \ \ \ Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553 ce (415) 689-3890 ROGER J. DOLAN General Manager Chief Engineer J. J. CARNIA TO Counsel tor the District (415) 283-1552 JOYCE E. McMILLAN Secretary of the District PROPERTY LEASE THIS AGREEMENT is made and entered into this day of 19_, by and between Central Contra Costa Sanitary (District), and hereinafter called "Lessee." 1. PREMISES a. The District hereby leases to the Lessee, on the terms and conditions hereinafter set forth, for the purpose of only a ; that certain real property, approximately 33 acres of Parcel C.1., Assessor's No. 159-140-51, situated in the County of Contra Costa, State of California, hereinafter called "Parcel C.1." and described as shown in Exhibit A attached hereto and made a part hereof. b. The District makes NO EXPRESS OR 'IMPLIED WARRANTIES and/or representations to Lessee concerning the suitability of Parcel C.1. for c. Lessee's possession of Parcel C.1. is subject to: All existing easements, servitudes, licenses and rights-of-way, ditches, levees, roads, highways, utility poles and lines, railroads, and other purposes, whether recorded or not. 2. INITIAL TERM. EXTENSION a. The term of this Lease shall be for year( s). Notwithstanding anything herein contained to the contrary, the District shall have the right at any time to terminate this Lease upon sixty (60) calendar days prior written notice to Lessee. b. Rotwi thstanding subparagraph 2. a. above to the contrary, the District shall have the right to terminate this Lease as to all or any portion ot Parcel C.1. if the District Board declares the same to be devoted to public use. Said termination shall become effective upon the District giving Lessee thirty (30) calendar days prior written notice thereof. In the event of such termination, any claim for damages shall be limited to a pro-rata refund of rental paid in advance but not earned. 3. RENTAL As rental for Parcel C.1. Lessee hereby agrees to pay to the District without any deduction the monthly sum of , payable monthly, in advance, with each payment due on the first day of each calendar month. Lessee shall pay the first and last month's rent on the date the Lease takes effect. Rent shall be paid to: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 ATTENTION: Accounting The monthly payment at each 12-month period shall be increased by the percentage increase in the latest published Bureau ot Labor Statistics Consumer Price Indexes, All Items Indexes, tor the San Francisco Bay area. The base index shall be the index in effect on the date the Lease is signed by the District. 4 . USE a. Parcel C.1. is leased to Lessee upon the express condition that Lessee shall use Parcel C.1. for the purpose of and activities directly related thereto and for no other purpose without the prior written consent of the District. b. If applicable, a negotiated limit of units/quantities that can be placed on the Parcel. c. (BLANK) d. Lessee at its own expense,and in a timely manner, shall keep and maintain all fences, gates, buildings, tanks, drains, culverts, equipment, and any other things upon Parcel C.1. in good condition and complete repair to the satisfaction of the District and without any alterations or additions except such as shall be first approved by the District. Lessee hereby waives all rights to make repairs at the District's expense under the provisions ot Section 1942 of the Civil Code ot the State of California. -2- e. Lessee agrees that it will not carry on or permit upon Parcel C.1. any nuisance or anything against public policy. f. Lessee shall at its own cost and expense comply with all federal, state, county, city, and/or the District's weed, rodent, and fire control programs, and all of the types of pollution control requirements, if any. g. This Lease is personal, not assignable, and not transferable. 5. ENTRY AND INSPECTION a. Lessee shall permit the District and its agents, and assigns to enter Parcel C.1. and any improvements thereon at all reasonable times to view the state and condition thereof and for any other purposes connected with this Lease. b. Notwithstanding 5.a. establish a mutually inspection of Parcel thereof. above, the District and Lessee shall agreeable time each month for a joint C.1. to view the state and condition, 6. UTILITIES Lessee agrees to supply and pay for all water, fuel, telephone, electric power, materials, sanitation, other services, and the removal of garbage and rubbish in and around said Parcel C.1. used by Lessee. The District, upon review and its written approval of the Lessee's plans, will grant the right to Lessee to install applicable materials and equipment that are necessary to obtain utili ties on Parcel C.1. Should any utili ties be existing on the site at the commencement of the Lease, Lessee shall be entitled to use the said facilities. 7. IMPROVEMENTS The District upon review and its written approval of the Lessee's plans will grant the right to Lessee to make the specified improvements upon Parcel C.1. necessary for All such improvements shall comply with all regulatory authority's requirements. Upon termination of this Lease, Lessee shall, at its expense, return Parcel C.l. to the same condition that Parcel C.l. was in at the time of signing of the Lease, or upon approval by the District; turn over to the District, at no charge, all such improvements or the acceptable parts thereof. The District may require that a fence/barrier of a type suitable for the purpose of visual aesthetics and security be installed by the Lessee, at its expense. The fence/barrier will be approved by the District prior to its installation. -3- 8. INDEMNITY Lessee hereby indemnifies and shall defend and hold harmless the District and all its employees or authorized representative(s) from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature whether arising before or after termination of the Lease and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part by reason of any act, omission, fault, or negligence whether active or passive of Lessee, or of anyone acting under its direction or control or on its behalf in connection with or incident to the performance of this Lease. Lessee's aforesaid indemnity and hold harmless agreement shall not be applicable to any liability solely caused by the fault, negligence, or willfull misoonduct of the District or its representatives. 9. INSURANCE Lessee shall, at its sole expense, maintain in effect at all times during the performance of its obligations hereunder insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfaotory to the District. Coverage: Minimum Amounts and Limits (3) Comprehensive General Liability ( I) Bodily Injury (II) Property Damage $1,000,000 each oocurrence $1,000,000 each ocourrenoe The ooverage shall oontain the following endorsement: (a) Public Liability ooverage shall oontain a oross-liability endorsement and, in addition, name as insured, the District, its Counsel, Board. offioers, and agents. standard additonal employees (b) A statement that the ooverage does not oontain exclusions as to loss or damage to property caused by explosion or resulting -4- from collapse of buildings or structures or damage to property underground. commonly referred to by insurers as the "XCU" hazards. (c) All coverages shall contain an endorsement precluding cancellations or reduction in coverage before the expiration of thirty (30) days after the District shall have received written notification thereof from the insurance carrier. Lessee shall deliver a copy of the Certificate of Insurance to the District, at least five (5) days prior to occupying Parcel C.1. 10. CONFLICT OF INTEREST Lessee hereby warrants and represents to the District that no officer and/or employee of the District nor any member of the District's Board of Directors has or will have, directly or indirectly, any interest whatsoever in this Lease. 11. TAXES AND PERMITS Lessee agrees to be responsible for all taxes and all necessary permits, if any, that arise by virtue of the imposition of a possessory interest tax and other taxes and necessary permits as arise from Lessee's use of the property. 12. DEFAULT If default is made in the payment of the rent or any installment or part thereof, or if Lessee fails, neglects, or refuses to perform, meet or observe any of Lessee's obligations hereunder, or if Lessee shall abandon or vacate Parcel C.1., the District at any time thereafter without notice or demand may lawfully reenter Parcel C.1. or any part thereof, either with or without process of law, and expel, remove, and put out Lessee, and may remove all personal property therefrom, using such force as may be necessary to repossess and again enjoy said Parcel C.1. as before this Lease, without prejudice to any remedies which the District might otherwise have to recover for arrears of rent or preceding breach of covenant or condition or any other rights or remedies which the District may have, and without liability to any person for damages sustained by reason of such removal. . 13. COSTS OF SUIT If legal action shall be brought by either of the parties for unlawful detainer of Parcel C.1., or for the recovery of any rent due under the provisions of this Lease, or because of the breach of any term, covenant or provisions hereof, the party prevailing in said action shall be entitled to recover from the party not prevailing, costs of suit and a reasonable attorney's fee which shall be fixed by the judge of the court. -5- 14. NOTICES Wherever this Lease provides tor notices between the parties, or wherever the law requires or gives the right of serving a notice, the same shall be served b,y registered or certified mail, addressed to the District as follows: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 ATTENTION: Ken F. Laverty, Purchasing & Material s Officer If to Lessee: 15. REPRESENTATIONS AND WARRANTIES OF DISTRICT District represents and warrants that the District has full power and authority to execute and deliver this Lease and to consummate the transactions contemplated herein. 16. REPRESENTATIONS AND WARRANTIES OF LESSEE Lessee represents and warrants that Lessee has full power and authority to execute and deliver this Lease and to consUDllllate the transactions contemplated herein. The undersigned agrees to all terms and conditions of this Lease Agreement, and the signators hereto certify and warrant that they are authorized to sign: LESSOR: LESSEE: CENTRAL CONTRA COSTA SANITARY DISTRICT BY: BY: TITLE: TITLE: DATE: DATE: APPROVED AS TO FORM: BY: TITLE: Counsel tor the District DATE: -6- ." . . )\'3"!b,) , e. ... ;;, \ i~ .,J .....)!i 'f. 51 " \ , ~ 9~11O ' 0. ~$ ~i :.r;- . <1 ~ 0- .,.... 'I ~ .. ., d ~ =:: -I . rI",c .I-c I ""4 i ... I ' ..J:z-'e e a lJ,Jog2' I~ U5=OO z,. ~:z2C1 Oil oc"'C5~~~.n ':;", <1'2 .v\:S--> le. o2~.~- e.; o..-"'woI 0 ..c ~d)02~IDS'2 .'29200: .. ~r..J ~ .~ I . , ' , . .- ,l i. "t~ ,.. .~c.. ". .. ~'. ~ .;.J. ....1 \.J i . Ci~ : 1. - !' -. r~ , ;;.~ ~. '.n. ~ .;J "-, ~ ~, c) : . ~"~" '.' "...,),. . . "t") .~ .. .. 0 , I ,.' a . I .. .' I ~ a J' J I :: ,. II II. ~ . '1. " 'II . .... . I ' . .. . '.. . ' ,. . .,. ~. .. . ,,:rg " . I L-- , '. '.~ ... o ~la. '#" .~ ~ e~ :r( or. I:- ,~) , .. ,) ..~' .~ ~. to. .. .. " . . , ;." , I",! i II . ~il I'; " r". e " "1 if ,,,~ 4' fat! ,0 ~ "0. j ~I' ~=i- ... " - ,.., ...: . ;:: ~, .. -. c , 'f ! , '\ ~ \-... ..... tQ - :t: )( ~ - .~~ '''::a~' .:..3' ~ ..~i -. ...-;.. Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553 . (415) 689-3890 ROGER J. DOLAN General Manager Chief Engineer J. J. CARNIATO Counsel for the District (415) 283-1552 JOYCE E. McMILLAN Secretary of the District PROPERTY LEASE THIS AGREEMENT is made and entered into this day of 19_, by and between Central Contra Costa Sanitary (District), and hereinafter called "Lessee." 1 . PREMISES a. The District hereby leases to the Lessee, on the terms and conditions hereinafter set forth, for the purpose of only a ; that certain real property, approximately two (2) acres of Parcel C.2., Assessor's No. 159-140-52, situated in the County of Contra Costa, State of California, hereinafter called "Parcel C.2A" and described as shown in Exhibit A attached hereto and made a part hereof. b. The District makes NO EXPRESS OR IMPLIED WARRANTIES and/or representations to Lessee concerning the suitability of Parcel C.2A for c. Lessee's possession of Parcel C.2A is subject to: All existing easements, servitudes, licenses and rights-of-way, ditches, levees, roads, highways, utility poles and lines, railroads, and other purposes, whether recorded or not. d. Lessee at its own expense shall relocate its operation; including all utilities, equipment, materials, and any improvements; to a similar District specified area within Parcel C.2A within ninety (90) calendar days of receiving written notice from the District to relocate. 2. INITIAL TERM, EXTENSION a. The term of this Lease shall be for year(s) . Notwithstanding anything herein contained to the contrary, the District shall have the right at any time to terminate this Lease upon ninety (90) calendar days prior written notice to Lessee. b. Notwi thstanding subparagraph 2. a. above to the contrary, the District shall have the right to terminate this Lease as to all or any portion of Parcel C.2A if the District Board declares the same to be devoted to public use. Said termination shall become effective upon the District giving Lessee thirty (30) calendar days prior written notice thereof. In the event of such termination, any claim for damages shall be limited to a pro-rata refund of rental paid in advance but not earned. 3. RENTAL As rental for Parcel C.2A Lessee hereby agrees to pay to the District without any deduction the monthly sum of , payable monthly, in advance, with each payment due on the first day of each calendar month. Lessee shall pay the first and last month's rent on the date the Lease takes effect. Rent shall be paid to: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 ATTENTION: Accounting The monthly payment at each 12-month period shall be increased by the percentage increase in the latest published Bureau of Labor Statistics Consumer Price Indexes, All Items Indexes, for the San Francisco Bay area. The base index shall be the index in effect on the date the Lease is signed by the District. 4. USE a. Parcel C.2A is leased to Lessee upon the express condition that Lessee shall use Parcel C.2A for the purpose of and activities directly related thereto and for no other purpose without the prior written consent of the District. b. If applicable, a negotiated limit of units/quantities that can be placed on the Parcel. c. (BLANK) d. Lessee at its own expense, and in a timely manner, shall keep and maintain all fences, gates, buildings, tanks, drains, culverts, equipment, and any other things upon Parcel C.2A in good condition and complete repair to the satisfaction of the District and without any alterations or additions except such as shall be first approved by the District. Lessee hereby waives all rights to make repairs at the District's expense under the provisions of Section 1942 of the Civil Code of the State of California. -2- e. Lessee agrees that it will not carryon or permit upon Parcel C.2A any nuisance or anything against public policy. f. Lessee shall at its own cost and expense comply with all federal, state, county, city, and/or the District's weed, rodent, and fire control programs, and all of the types of pollution control requirements, if any. g. This Lease is personal, not assignable, and not transferable. 5. ENTRY AND INSPECTION a. Lessee shall permit the District and its agents, and assigns to enter Parcel C.2A and any improvements thereon at all reasonable times to view the state and condition thereof and for any other purposes connected with this Lease. b. Notwithstanding 5.a. establish a mutually inspection of Parcel thereof. above, the District and Lessee shall agreeable time each month for a joint C.2A to view the state and condition, 6. UTILITIES Lessee agrees to supply and pay for all water, fuel, telephone, electric power, materials, sanitation, other services, and the removal of garbage and rubbish in and around said Parcel C.2A used by Lessee. The District, upon review and its written approval of the Lessee's plans, will grant the right to Lessee to install applicable materials and equipment that are necessary to obtain utilities on Parcel C.2A. Should any utilities be existing on the site at the commencement of the Lease, Lessee shall be entitled to use the said facilities. 7. IMPROVEMENTS The District upon review and its written approval of the Lessee's plans will grant the right to Lessee to make the specified improvements upon Parcel C.2A necessary for All such improvements shall .comply with all regulatory authority's requirements. Upon termination of this Lease or relocation of Lessee per 1.d., Lessee shall, at its expense, return Parcel C.2A to the same condition that Parcel C.2A was in at the time of signing of the Lease, or upon approval by the District; turn over to the District, at no charge, all such improvements or the acceptable parts thereof. The District may require that a fence/barrier of a type suitable for the purpose of visual aesthetics and security be installed by the Lessee, at its expense. The fence/barrier will be approved by the District prior to its installation. -3- 8. INDEMNITY Lessee hereby indemnifies and shall defend and hold harmless the District and all its employees or authorized representative(s) from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature whether arising before or atter termination of the Lease and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part by reason of any act, omission, fault, or negligence whether active or passive of Lessee, or of anyone acting under its direction or control or on its behalf in connection with or incident to the performance of this Lease. Lessee's aforesaid indemnity and hold harmless agreement shall not be applicable to any liability solely caused by the fault, negligence, or willfull misconduct of the District or its representatives. 9. INSURANCE Lessee shall, at its sole expense, maintain in effect at all times during the performance of its obligations hereunder insurance coverages with limits not less than those set forth below wi th insurers and under forms of policies satisfactory to the District. Coverage: Minimum Amounts and Limits (3) Comprehensive General Liability ( I) Bodily Injury (II) Property Damage $1,000,000 each occurrence $1,000,000 each occurrence The coverage shall contain the following endorsement: (a) Public Liability coverage shall contain a cross-liability endorsement and, in addition, name as insured, the District, its Counsel, Board, officers, and agents. standard additonal employees (b) A statement that the coverage does not contain exclusions as to loss or damage to property caused by explosion or resulting -4- from collapse of buildings or structures or damage to property underground. commonly referred to by insurers as the "XCU" hazards. (c) All coverages shall contain an endorsement precluding cancellations or reduction in coverage before the expiration of thirty (30) days after the District shall have received written notification thereof from the insurance carrier. Lessee shall deliver a copy of the Certificate of Insurance to the District, at least five (5) days prior to occupying Parcel C.2A. 10. CONFLICT OF INTEREST Lessee hereby warrants and represents to the District that no officer and/or employee of the District nor any member of the District's Board of Directors has' or will have, directly or indirectly, any interest whatsoever in this Lease. 11 . TAXES AND PERMITS Lessee agrees to be responsible for all taxes and all necessary permi ts, if any, that arise by virtue of the imposition of a possessory interest tax and other taxes and necessary permits as arise from Lessee's use of the property. 12. DEFAULT If default is made in the payment of the rent or any installment or part thereof, or if Lessee fails, neglects, or refuses to perform, meet or observe any of Lessee's obligations hereunder, or if Lessee shall abandon or vacate Parcel C.2A, the District at any time thereafter without notice or demand may lawfully reenter Parcel C.2A or any part thereof, either with or without process of law, and expel, remove, and put out Lessee, and may remove all personal property therefrom, using such force as may be necessary to repossess and again enjoy said Parcel C.2A as before this Lease, without prejudice to any remedies which the District might otherwise have to recover for arrears of rent or preceding breach of covenant or condition or any other rights or remedies which the District may have, and without liability to any person for damages sustained by reason of such removal. 13. COSTS OF SUIT If legal action shall be brought by either of the parties for unlawful detainer of Parcel C.2A, or for the recovery of any rent due under the provisions of this Lease, or because of the breach of any term, covenant or provisions hereof, the party prevailing in said action shall be entitled to recover from the party not prevailing, costs of suit and a reasonable attorney's fee which shall be fixed by the judge of the court. -5- 14. NOTICES Wherever this Lease provides for notices between the parties, or wherever the law requires or gives the right of serving a notice, the same shall be served b,y registered or certified mail, addressed to the District as follows: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 ATTENTION: Ken F. Laverty, Purchasing & Materials Officer If to Lessee: 15. REPRESENTATIONS AND WARRANTIES OF DISTRICT District represents and warrants that the District has full power and authority to execute and deliver this Lease and to consummate the transactions contemplated herein. 16. REPRESENTATIONS AND WARRANTIES OF LESSEE Lessee represents and warrants that Lessee has full power and authority to execute and deliver this Lease and to consummate the transactions contemplated herein. The undersigned agrees to all terms and conditions of this Lease Agreement, and the signators hereto certify and warrant that they are authorized to sign: LESSOR: LESSEE: CENTRAL CONTRA COSTA SANITARY DISTRICT BY: BY: TITLE: TITLE: DATE: DATE: APPROVED AS TO FORM: BY: TITLE: Counsel for the District DATE: -6- ," .;., - -::; ~.. - ~~'" ", ",!" '. ~ . ~,]~b" ~ . , . . . ... ,i"" \ 1111 ~it ~:. .~ . ..1 <( ,\11 .;.J. 'Iii in . J. ....1 w. I ~"... II ~ i' Cl~ Sot.., "i =rl a;, :l ... M.. ,; ~$ 11~- '\ ..!!~i 110 il~1 .11 \i. , '\ '\ . '\ (.. ".1)( ,. .,.,,: l, .' .~ ." ...... ~'"''-''' ..- . "'1'9L-'. ' ,tJ '" ,i , i .; " . ~; I ~ I:" : 'J .. " ~ , I I: -, I ,~ ,1 · . . I ' 1 " ", I , I ,f I :- ,I I ': ~~ I ,', I I , I I - I , I, 1. I ~ 9~11O ' 0.. ~5 ~i ~r;- . <t :) 0- i.... , ~ ." ..., d M :. I I' c-J\I'o . ~ I ,...~ i .. I :t ..J:z-'e . a W002' ,~ ;:::1;0 %-; U \oJ '-J ~4" . I w:Z ~..o . Cl"'~~~~~ ':~"I <12 .vi:;S--!C 2~!~~~ f~; o.~ &0 oS ~ cD :a,1 .'29200= .. c~ ~ .~ I . . . ' - . - . 'J.) !. .. ~ .J 11:'.1 " Vi- e ct ~' , I' 4 ~I r~. ~" ..~ ",n ~ .I ". ~ ;;;~, c): . .." "~" '.' ,'''-A . . ,~") .. , , . , ' , '. '," I.;' o (I. ,.,.'~ ~ .eta ~ j. " ,~ ..s... ''',, '6. V ...~' C'" .:J . ,., .. ., " . .. , ~ , ,. , j ",! i ., . :#, '. I!.... ....... 'JIIl"- I" vI I,":l I 4' f.S! iO~~ , "0. j 81' ~=i- ~ -..." s,.: .' ... - ., ~ : . "c . I ~ " ~ ~ - :J: X \t! I I. I . " . , '~ , :, I 1 i ,,' I _ I " .' I ~ I JI S I ~ : I It . 'I. " / " , ." ... .. .., . :I' '." r" ' ,,:'R . I L.: ATTACHMENT IV COMPETITIVE BIDDING PROCESS FOR LEASING DISTRICT PROPERTY 1.0 Purpose The purpose of this procedure is to provide instructions for leasing District property. 2.0 Scope This procedure is applicable to all District property. 3.0 Procedure The notice inviting bids shall set a date for the public opening of bids. The first publication or posting of the notice shall be at least fourteen days before the date of opening the bids. Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, circulated within the District. On the day and time specified in the notice inviting bids, the receiving of bids shall stop. All bids then received shall be opened in a public meeting and read aloud. The unevaluated bid price shall be listed on the bid opening form and witnessed by two District personnel. If District staff deems that the services of a real estate "Broker" are in the best interest of the District, an exclusive authorization of lease will be entered into between the District and Broker. The authorization agreement will be subject to negotiation; however, the District's standard agreement will be the basis for all negotiations. The Broker will be required to publish publiC notices of the District's intention to lease certain real property. Answers to questions that arise during the bidding process will be sent to the applicable District staff who will provide the response. Evaluation(s) will be done by the District staff, negotiations conducted, and a Position Paper to the Board will be written. After all bids have been received and examined for completeness, consistency with the District's public II8I1date, and producing the greatest economic return to the District, a summary sheet will be prepared noting all the pertinent data and discrepancies. District staff, in determining the greatest economic return to the District, may consider the use to which the potential lessee intends to use the property. The District Board reserves the right to reject any or all bids if it is in the best interest of the District to do 80. Recommendation of who is the successful bidder will be made by District staff only atter all aspects have been considered and all negotiations finalized. This recommendation will be in the form of a Position Paper to the Board. The information gathered will be kept in the lease file as documentation. Bids shall not be solicited rrom, or any lease signed, with any person or company that: 1. is owned, controlled, or actively influenced by any member of the District. s Board or Directors, District Of ricer, and/or employee or immediate relative or said person. 2. employs in a management, consulting, or sales capacity any person who is a District employee, 3. employs in any capaCity a District employee who is in a position to influence the selection of, or conduct business with, such lessee. -2- Central Contra Costa Sanitary District Martinez, California 94553 . 5019 Imhoff Place (415) 689-3890 ROGER J. DOLAN General Manager Chief Engineer J. J. CARNIATO Counsel for the District (415) 283-1552 JOYCE E. McMILLAN Secretary of the District CENTRAL CONTRA COSTA SANITARY DISTRICT EXCLUSIVE AUTHORIZATION OF LEASE FOR 1250 SPRINGBROOK ROAD, WALNUT CREEK THIS AGREEMENT is entered into as of the day of, 1984, between _____ (Broker) and the Central Contra Costa Sanitary District (District). All services specified herein shall be performed by Broker in accordance with the provisions of the Agreement. The District hereby grants to Broker the exclusive right to negotiate, subject to Board of Director approval, a lease on the subject property (property) for a period starting on , 1984, and ending at midnight on , 1984. The Property is described as the upper level of the bUilding, approximately 5,700 square feet, and applicable parking located at 1250 Springbrook Road, Walnut Creek, Ca., Assessor's #177-270-07 and #177-280-07. The term and price of the proposed lease shall be for a three (3) or a five (5) year period. To commence as soon as possible after Board approval. The lease/rental minimum rate will be $.95/sq. ft. per month on an "as is" basis. The District will pay all utilities except electricity and telephones and will pay for exterior maintenance. In consideration of this Agreement and Broker's diligent pursuit and procuring of a Tenant for the property, the District will pay Broker a commission as set forth herein, upon final approval by the Board of Directors, of , of the rent for the first year on the three-year term or , of the rent tor the first year of a five-year or greater term, as the total compensation for the Broker's services. The District will pay said commission to Broker if: a.) the property is leased to Tenant by or through Broker, the District or any other party prior to the expiration of this Agreement or any extension thereof; or b. ) any contract for the lease of the property is made directly or indirectly by the District prior to the expiration of this Agreement or any extension thereof; or c.) within one hundred eighty (180) days after the expiration of this Agreement or any extension thereof, the property is leased to any person or entity with whom Broker had negotiated with and had submitted the names to the District during the term of the Agreement. The District agrees to cooperate with Broker in effecting a lease of the property and will refer to Broker all inquiries of any party interested in the property. All negotiations are to be through the Broker to any prospective Tenants. The Board of Directors will have final approval of any lease Terms and Tenants; and their decision will be final and binding upon all parties. Broker is aware of and understands fully that the lease of the property may be subject to a public bidding auction wherein the highest bidder wi th terms and conditions deemed to be in the best interest of' the District will be awarded the lease, upon Board's approval. If' a lease is awarded to a Tenant that was not submitted by Broker, Broker's commission percentage shall be f'ixed at three percent (3J) of' the rent f'or the f'irst year of the awarded lease. This Agreement embodies the entire agreement between the District and Broker. The parties shall not be bound by or be liable f'or any statement, representation, promise, inducement, or understanding of' any kind of' nature not set f'orth herein. No changes, amendments, or modif'ications of' any of' the terms or conditions of' the Agreement shall be valid unless reduced to writing and signed by both parties. In the event suit or action be instituted in connection with any controversy arising out of' this Agreement, the prevailing party shall be entitled to receive, in addition to its costs, such sum as the court may adjudge reasonable as to attorneys' f'ees and costs. Broker hereby indemnif'ies and shall def'end and hold harmless the District and all its employees or authorized representatives f'rom and against any and all suits, actions, legal or administrative proceedings, claims, demand, damages, liabilities, interest, attorneys' f'ees, costs and expenses of' whatsoever kind of' nature whether arising bef'ore or af'ter completion of the service hereunder and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part by reason of' any act, omission, fault, or negligence whether active or passive of' Broker, or of' anyone acting under its direction or control or on its behalf' in connection with or incident to the perf'ormance of' this Agreement. Broker's aforesaid indemnity and hold harmless agreement shall not be applicable to any liability solely caused by the fault, negligence, or willf'ul misconduct of' the District or its representatives. The District represents and warrants that the District has full power and authority to execute and deliver this Agreement and to consummate the transactions contemplated herein. Broker represents and warrants that Broker has f'ull power and authority to execute and deliver this Agreement and to consummate the transactions contemplated herein. -2- The undersigned agrees to all teras and oonditions or this Agreement, and the signators hereto oertity and warrant that they are authorized to sign: CENTRAL CONTRA COSTA SANITARY DISTRICT (BROItER) 5019 Imhoff Place Martinez, CA 94553 BY: BY: TITLE: TITLE: DATE: DATE: APPROVED AS TO FORM: BY: TITLE: Counsel for the District DATE: -3- Central Contra Costa Sanitary District BOARD OF DIRECTORS NO.V. BIDS AND AWARDS 1 1 0 4 84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE October 1, 1984 SUBJECT AWARD A CONTRACT FOR DISTRICT PROJECT NO. 3386, WALNUT CREEK OFFICE REROOFING AND AUTHORIZE $47,524 FROM THE SEWER CONSTRUCTION FUND TYPE OF ACTION WARD CONTRACT UTHORIZE FUNDS SUBMITTED BY Ja INITIATING DEPT./DIV. Construction Division ISSUE: It is necessary for the Board of Directors to award a contract for the construction of District Project No. 3386. BACKGROUND: The roof on the District's Springbrook Road, Walnut Creek Office Building is 27 years old, leaks when it rains, and must be replaced. Various roofing systems were evaluated for use in the replacement project. A built- up roof consisting of a two-ply vapor barrier, insulation, four plys of 12-pound felt, hot mopped asphalt binder, and a gravel topping was chosen on the basis of the best, long-term product. The proposed work consists of removal of the existing roofing material down to the wooden deck, removal and reinstallation of heating and air conditioning equipment, placement of insulation, and installation of a bituminous built-up roof. The project was advertised in September and bids were received on September 26, 1984. A summary of the bids is attached. The apparent low bid, in an amount of $37,840.00 was submitted by Sparks Roofing Company, Inc., Concord. Staff has checked the qualifications of Sparks Roofing and has determined that it is the lowest responsive and responsible bidder. Staff recommends that the Board award the contract to this company. A post bid preconstruct ion cost estimate is attached. An authorization of $47,524.00 is needed to fund the completion of this project. RECOMMENDATION: Award the contract for the reroofing of the Walnut Creek Office, Project No. 3386 to Sparks Roofing Company, Inc. Authorize $47,524.00 from the Sewer Construction Fund. REVIEWED AND RECOMMENDED FOR BOARD ACTION RJD JSMc CENTRAL CO~lTRA COSTA SANITARY DISTRICT BID REQUEST NUMBER: REROOF EXISTING BUILDING AT 1250 SPRINGBROOK ROAD, WALNUT CREEK. COl15D FOR: BID OPENING DATE September 26, 1984 TIME 3;00 P.M. (P.D.T.) BIDDER . ._~-- -.- ~ BID PRICE New Art Roofing Company 904 - 54th Avenue $39,750 Oakland, CA 94601 Enterprise Roofing Service, Inc. P. O. Box 27368 $48,878 Concord, CA 94527 Sparks Roofing Company, Inc. P. O. Box 21563 $37,840 Concord, CA 94521 Engineer's Estimate $35,000 POST BID - PRECONSTRUCT ION ESTIMATE OF COSTS FOR DISTRICT PROJECT 3386 ITEM AMOUNT 1. Construction Contract (As Bid) 2. Estimated Construction Contin- gencies (10%) 3. Estimated Construction Incidentals to Project Completion Inspection Contract Administration $ 900.00 1,200.00 Total Estimated Construction Incidentals $2,100.00 4. Total Estimate Required to Complete Project 5. Pre-Bid Expenditures $3,800.00 6. Total Preconstruct ion Incidentals 7. Total Estimated Project Cost (Items 4 & 6) 8. Total Funds Required to Fund the Project *Includes a $5,000 GM-CE initial authorization. TOTAL $37,840.00 3,784.00 $41 ,624.00 $ 2, 1 00.00 $43,724.00 $ 3,800.00 $47,524.00 % CONST. CONTRACT 100% 5% 105% ~ 114% $47 ,524.00'~ I BOARD OF DIRECTORS NO. POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE OCTOBER " 1984 SUBJECT AWARD OF CONTRACT FOR THE CLEANING OF ALUM SLUDGE BASIN I I AND AUTHORIZE $71,000 IN SEWER CONSTRUCTION FUNDS TYPE OF ACTION BIDS AND AWARDS James Belcher INITIATING DEPT.!DIV. Plant 0 erations/Maintenance SUBMITTED BY Issue: On September 25, 1984, sealed bids for cleaning out Alum Sludge Basin II, located at the District1s Water Pollution Control Plant, were opened. The Board of Directors must award a contract or reject proposals within 30 days of the opening of bids. Background: The Central Contra Costa Sanitary District continues to treat alum sludge generated by the Contra Costa County Water District through the use of settling/drying basins on the Water Pollution Control Plant site pending the resolution of the alum sludge issue. At present Alum Sludge Basin II is again full, dried, and requires cleaning. Alum Sludge Basin II was last cleaned in 1982. Approximately 6,200 cubic yards of dried alum sludge will be hauled off-site. The off-site dump location is anticipated to be Acme Fill Corporation. Based on last year's contract cost, the engineer's estimate for this contract is $80,000. A Sewer Construction Fund Account will be established for this work to track costs and to recover costs from Contra Costa County Water District. This project was advertised on September 13, 1984, inviting contractors to review the project and submit sealed bids within ten days. Bids were received ranging from $39,680 to $75,516, dump fees not included. The apparent low bidder is Winton Jones. Recommendation: Award the contract for the cleaning of Alum Sludge Basin I I to Winton Jones per their bid and authorize $71,000 in Sewer Contruction Funds for dump fees, construction, contingencies, and incidentals. (, REVIEWED AND RECOMMENDED FOR BOARD ACTION J() JB CWB INITIATING DEPT.!DIV. ITEM 1 . 2. 3. 4. 5. 6. 7. TREATMENT PLANT PROJECT T0105P REMOVAL OF ALUM SLUDGE FROM BASIN NUMBER II DESCRIPTION Construction Contract Estimated Acme Dump Fees Estimated Contruction Contingencies (10%) Estimated Construction Incidentals $2,000 500 500 Survey Inspection Engineering Total Incidentals TOTAL ESTIMATE Pre-Bid Expenditures Survey, Advertising, Engineering TOTAL PROJECT AMOUNT $39,680 21,700 6,000 3,000 $70,380 620 $71,000 September 28, 1984 MEMORANDUM TO: CHARLES W. BATTS, PLANT OPERATIONS DEPARTMENT MANAGER FROM: Pat O'Connor, Senior Buyer SUBJECT: CLEANING OF ALUM SLUDGE BASIN I I, BID REQUEST NO. T0105P Formal bidding commenced with publication of Notice to Contractors on September 13 and 17, 1984. Three contractors completed the site inspection, as required, and were given their package upon completion of the inspection. Bids were publ icly opened and read on Tuesday, September 25, 1984. Two bids were received as follows: Bid Amount Bid Amount Contractor On-Site Dump Off-Site Dump Exceptions Winton Jones $ 27,900.00 $ 39,680.00 None Shands Construction $ 46,500.00 $ 75,516.00 None The Earth Movers No Bid A technical and commercial evaluation was conducted by the Plant Operations Department Associate Engineer and Purchasing (see Attachment 1) which shows that Winton Jones is the lowest responsible bidder. They have previously performed contract work for the District and demonstrated that they can fulfill all of the requirements of a contract. Winton Jones' bid is below the engineer's estimate of $50,000. Purchasing, therefore, recommends that you prepare the Position Paper to the Board of Directors recommending the award to Winton Jones for Cleaning of Alum Sludge Basin I I at the lump sum cont act price of $27,900.00 (on-site dumping). ~ 1fWifY,/.8 Pat O'Connor Senio Buyer PO:gv cc: ~elcher K. Laverty " r, ~jI ~ ~ . ~ c ...'" 0 ~ u 0 _E 0- - . ~ 011: "~ 0- L 0 .- U ';:e v ,.l~ J. 0- '" CT ':i: z !l .VJ ~f Q.. 0 ~ ...'" Lr\ I~ ~ ~!l 0 ~ 1_- ~~ o II: ';: - ~ o-L 0 1,- l- I-- V) ~ ~ L1" .. :~ I ~ ..... Oa: 1/1 .-1.) 0-'" Q) I- Z\'! ~ - :J V) ::I II: L C" .~ ll: Q) :0 w a:::: ?l ID ~ 'U en ...'" ::I tiC z .- ~ \,! & ~ CO ~~ - Oll: Q)IO o-L .....1/1 VJ ~Ig I 1/1 j C - 0-'" C - u ~~ - - ~ . ...'" 0 j ~V g :z Q) - lii c ..... ~ ,J 0- L ~ :z ~ 11 ~ 9 - ~ V) I IlJ ~ ~ ex: V) ~ ~ c CO ~ .- 0-'" ::l Z\,! ~ 0 ::If 0 -, a:::: u.. ~ ~ 0 UJ ...w 0 ~ :z - ~ o!l . 0 - ~ I ~ oll: 0 ::l ::3 o-L ~ .J ~ i ~ en or-::. I Iii ~ .5 I~ ...'" ~ ::l .J zll ex: ::Ill: ... Z lJ.. 0 0 0 f c .J ~ ex: ~i :> ~ 4- Q 0 0 :i ~ ~ e; 0 ~ ~ a: m z i - S 0- 0::1 UJ '" '" III ~us . - l5 a:::: 8 II: 15 ... m L :l 1/1 i z 0 g 0 ..i a: ~ ~ . . '" C ::I '" . ... > ~ 0 0 ..: c S r 0 -- .. :z ~a . . . :J C . ~ :J I.) .- CO 1/1 II... . 0 10 !~ 0 CO 4ft 0 N .- ~ E a Ia: c ~ 0 - a:I Q) . \... I~ en X 4- ... 0 0 l:.c ll: !0- M g ~ I Z 1/1 .- \... .. ! 0 Q) o~ Q 'U 1/1 I C ca 10 :J Q) I ;: 0 c - Q) .CC -, 0 Q) 1/1 4- U > ~ c ~ E c- o ::2 0 0 :J E a:I ..... Q) ..... :J c( C <I- ..... a:::: 10 0 . 0 t- .- i 10. ::3 Q..~ ..... ..... " ~~ 0 0 ::I -L .J .J ii .J ~ ~ 61= z ~~ -, - .. 'I z " z 2 0 ~,!!- 0 i l:l ~ i :E . It ~i - N Central Contra Costa Sanitary District BOARD OF DIRECTORS N~ VI. CONSENT CALENDAR 3 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE October 1, 1984 TYPE OF ACTION SUBJECT AUTHORIZATION FOR P.A. 84-20 (DANVILLE) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT ACCEPT FOR PROCESSING SUBMITTED BY DENNIS HALL INITIATING DEPT./DIV. ENGINEERING DEPT./CONSTRUCTION DIVISION Parcel No. Area Owner Address Parcel No. & Acrea e Remarks Lead A enc 84-20 Danvi lle Champlin & Cotton Dev. 401 S. Hartz Ave. Danville, CA 94526 200-090-001 (6.60 Ac.) Subd. 6451-0wner to build 11 single family homes. Final map approved by city. Negative declaration by City of Danville Danvi lle RECOMMENDATION: Authorize P.A. 84-20 to be included in a future formal annexation. REVIEWED AND RECOMMENDED FOR BOARD ACTION CHIEF ENG. INITIATING DEPT./DIV. 41;1/ H JSM RJD ALAMO 'llO'UTIU CO. II.. ". At: PROPOSED ANNEXATION F?A. 84 -ZO Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. VI. CONSENT CALENDAR 4 1 0 4 84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE SEPTEMBER 25, 1984 SUBJECT EXECUTE AGREEMENT RELATING TO REAL PROPERTY WITH ALPINE WOODS ASSOCIATES; JOB 803, WALNUT CREEK AREA TYPE OF ACTION APPROVE REAL PROPERTY AGREEMENT SUBMITTED BY DENNIS HALL INITIATING DEPT./DIV. ENGINEERING DEPT./CONSTRUCTION DIVISION ISSUE: The property owner has requested permission to construct an office building with underground parking area over an existing District sewer easement. BACKGROUND: The design of the new building requires that the existing sewer facil ities must be reconstructed in close proximity to their present location. The existing sewer pipe will be replaced with a rigid pipe at the owner1s expense and will be located in the underground parking area supported on concrete columns as shown on the attached drawing. In this configuration, the sewer pipe will be accessible for maintenance purposes. Bollards will be installed to protect the pipe from vehicles. A containment area will be constructed under the pipel ine to collect sewage if leaks occur. The property owner will be liable for any damage which occurs as a result of the sewer facilities being located in the building. The property owner will hold the District harmless for claims brought as a result of the sewer facil ities being located in the building. The real property agreement guarantees access to the piping system and protects the District's future interests. RECOMMENDATION: Approve and execute the subject agreement and authorize its recording. REVIEWED AND RECOMMENDED FOR BOARD ACTION DH JMc RAB INITIATING DEPT./DIV. ,,1 './71. ;: //'1 &. ~x3' 0\~ Of'f-NI",J ~ .:1~~4.~ liWEA-~8~. - ~Q.e.t.-:HA H01.E..~ s:.=- - 'L e. ~py B"-dlT---l~~~~------- 1HV_ <:lEA"wt:::i:.l4~.~~~E). . IN'V- CI' IN - rA.l"f:l~tE- ~ \ a ';1. ,'" ~ \ 5\ \ \ 19M ~ OO\\.,. \..\N~ (0'( On1~)~ ~~,~--:r2~=<~ p' 'Icri ~~ _~~~-,...-.-t.--'~--\.!. r.f:~-"\PoL;-v.:H.=t:N'f7~:.:--u '="-: r~~'Z..""J---:::- - .. .-=c::-a-'5b~C::5~ ~c;sr~-Er:.-~~~L~ ~OIN'T'6::-oN':At~ ---:- ~.......,~. ....~=._~.u=.~ _'-'~:........-'.........._ ~_tf"\.to..... ~::n..u:: ~_-?::Sl~4'0.c; &. . ,u.. ....r5I::c.~oN-Oi"'~~?~) ~";~.-_,1:E~C~. f:b.!!:i7.~ -- ~~Tr\7-w..l ~1e:c>CXiN~- . ~~Gl\Lc.u.."\ti. ~. ~tNi"'tN 11 WI~ A~ . ~~ 0tJIl-O\N& ~ Fet-a ~_~ '~$t fQl~ 10 wth i' ~-::t:P-~'~f}.<at I~--- - ---~.. ~'L ~ -~- .~.. ~A\..\.:"1"t.~,.:Qn\ OF .!"'.f": 3'~ ~1l.'..L-::r"\RU -f~ f"j.;l\;:"JOH.n -- ~.f:E ON ~.~PE Of fl'o,\ R\o"I. vAU.. ~~Tl..~~- SANL SEWER ~ fAN AA1 \ . \.,---./ REAL PROPERTY AGREEMENT JOB 803 WALNUT CREEK AREA ~F'~t. (\4l'\I'I""c.E: I . fi'",,.1.\..: , ~~ I J~~l r ~-Jl---n-" \ \.nJ " ,"\ Q "" ~ ~ I I . I -"""" ~=~"--: 7"";---' \ .... --" " .:IJ"'iI[L-:::jJ'!t i-\c>\;es" _t. ffl:;'.('t'-=:=-=- ::: ~....:..l~,t-,,--A._,-d ~~.....,.c.=~ -'-11-\"..0'-. _ _~ _.. .,.. e,.....r_ -~"l--- ~. . ~"f:::\I~f';r~ - - ~~~~&:::: M\.NUrtGrLJt-\!!p f::"< ~~'VE a.l~l~~l~ CO. ~ mi..lAL. ") r -1 I I r-- I I .--t I I I I --T I I ~=~ ~1D~~ ~,P1~o ~r ~PlF'E ~Jlo..t;OLE .L .L. _ (~. F.:...e:oF;_~~ -_ .~ Pf(J\.!.. t~) VJI; ~ 1l1~ WAU,.., I~ ~n.. i"1n: HJ[7 rNA<. wI fLeXJ~ ~. 1't'r. MLE ~ I ~ (i.~ ~Lf' I &;;JMH~A'I ~M "JI17.~ I I MW'~Jlp I m;r ,~~ I wav ~ 'f) f) rnr. It1IfAU. 'l M~ ruxl~ CWrL.JMe:eJ WI1l1 tmal(. ~ - tJaO ~ 1Z'J em:=f;L- v'l1..IN~ n~ 11t$ITNJ.. k?x f 1Q:t7lU1C. REAL PROPERTY AGREEMENT CONSTRUCTION DETAILS-JOB 803 WALNUT CREEK AREA Sanitary District BOARD OF DIRECTORS NO. 10/4/84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE SEPTEMBER 28, 1984 SUBJECT CONSIDER THE INCLUSION OF P.A. 84-22 (SAN RAMON AREA) IN A FUTURE FORMAL DISTRICT ANNEXATION TYPE OF ACTION ACCEPT FOR PROCESSING SUBMITTED BY JAY McCOY INITIATING DEPT./DIV. ENGINEERING DEPT./CONSTRUCTION DIVISION ISSUE: The Board of Directors must authorize the annexation of properties to the District before construction plans for the development of the properties are processed. BACKGROUND: P.A. 84-22 includes the Canyon Lakes project east of the Bishop Ranch Office Park. Canyon Lakes is within this District's sphere of influence and the owners of the project have petitioned for annexation for sewer service. Canyon Lakes consists of 3070 residential units, a golf course, club house, school, and a hotel. Approximately 540 of the residential units will drain to the Larwin Pumping Station; the remainder of the project will sewer north via gravity pipelines. Providing sewer service to this development will not require the construction of additional pumping stations. It is projected that the ultimate sewage flow from Canyon Lakes will be 1.5 HGD. The first phase of development, some 233 residential units, is expected to be complete in 1985. The overall project is expected to be completed by 1989. Canyon Lakes will have a gradual impact on the District's trunk sewer system as buildings are connected over the life of the development. The District's five-year capital plan includes three projects, one each in 1985, 1986, and 1987, for paralleling existing deficient trunk sewers from San Ramon to Walnut Creek to correct known capacity limitations. Upon completion of the parallel sewers, there will be sufficient capacity in the San Ramon Valley sewer system for the expected growth in the southern part of the District, including Canyon Lakes, with the exception that additional capacity will be required if the District agrees to accept flow from south of our present boundary. The developers of Canyon Lakes will contribute over $1,500,000 in watershed fees which will be used to finance a portion of the three trunk sewer projects. It is expected that the treatment plant capacity will be sufficient to handle all areas within our sphere of influence over the next several years, including the Canyon Lakes development. Average dry weather flow through the plant is currently 35 HGD. The District has applied to the Regional Board for an increase of our plant discharge limit from 35 HGD to 38 HGD. It is expected that this request will be granted. By the end of 1985, the 10-HGD plant expansion (Stage 5B2) will be completed, which will increase the plant capacity to 45 HGD. The District will collect about $2,000,000 in connection and annexation fees from Canyon Lakes, which will be used to finance plant expansion projects. REVIEWED AND RECOMMENDED FOR BOARD ACTION ft$ Jrk RAB RJD POSITION PAPER PAGE 2 According to the schedule for future trunk sewer and plant projects, the District will have sufficient capacity in its collection and treatment facilities for future connectors based on current population projections. These growth projections include some areas which are currently outside the existing District boundary such as Canyon Lakes. RECOMMENDATION: Consider the inclusion of P.A. 84-22 (San Ramon Area) in a future formal District annexation. ,. " " " 1 ,/ -' " I , I I I I I - ~-- ... - ---1 TiS F<J\;V I ---+--- I I I ".~. , ':;':0 '~~~ I ',::.L. .', ~;,)\ 1., i .......- ~';}\;(,6i _1 \.. - - ~.,/:: ~ \ Ir~! i gin,> I";~bn~~ild~dd ",;;.., '-i<<<<''''{~*''"'"''-'"!!'rrj,t '. --. -- I!i!i!i!i.: ";1!!J,k,~!:. '1' ..... M__ .....S;I~'m_. J.~' I i'''''''''''''''''''''' ~.:~\z\t{~;\\, : ( !l -+2:?::r -.-- -- n-~l~ J~3 I ...:.::.:.:~, c.1l)1' B'-'\f~':!i\WK A'f:I.:r:"-~ . I IN --~ 1:.:1: I /:'::::'::1: I ..:..:.,,~ ::~~.~ - I \i~ if!:!!!!! .ql:"""""'4;;;'~~' r:::::::j ...... I \ Lr:':':':l ... I \ iiiil;mfmmmmm1IT1i~'r i \ , f ( . \f f\ \ "/; \ j Ii )/ ~, ~I <<:: "-'J , ( ">' '" ol:, $"-" 5j g ~j It" : .... o'J~\\ I " F -l J I I ~ ~ "",_ i I :: I . ~ ... :~m~I~f1l1~]t-- -.. I I I I I \ ) ,.1 ( / 1 ""HlN~il0~ Cl ] 8lllK!.il-tlflt 351 P<oUHRttH ~I / ~. I ) ) ) \ ~ c SEt W AI \ .r ,.~.( \") <'i:s ? ,'vi , . ; Doue, -9/;'Ot )- \ ~.. j- L\ o ~ .p '" "- L\ \../',' ~ ,;. t I ~ \. PROPOSED ANNEXATION I?A.84-22 I Costa itary District BOARD OF DIRECTORS NO. POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer 2 10/4/84 DATE SEPTEMBER 28, 1984 SUBJECT APPROVE THE PROPOSED CENTRAL CONTRA COSTA SANITARY DISTRICT-MOUNTAIN VIEW SANITARY DISTRICT COMMON SPHERE OF INFLUENCE LINE AND AUTHORIZE STAFF TO FORWARD A REQUEST TO LAFC FOR ADOPTION OF THE LINE SUBMITTED BY JAY McCOY TYPE OF ACTION APPROVE SPHERE OF INFLUENCE INITIATING DEPT./DIV. ENGINEERING DEPT./CONSTRUCTION DIVISION ISSUE: The sphere of influence (SOl) line between this District and Mountain View Sanitary District (MVSD) must be established by December 31, 1984, in accordance with state law. BACKGROUND: Spheres of influence are planning lines which are established to promote the orderly growth of populated areas. SOl's are created by the Local Agency Formation Commission (LAFC). As development occurs, the SOl's can be changed, through the Commission, if the change is warranted. Currently, there is no official common SOl between Central Contra Costa Sanitary District (CCCSD) and MVSD. Dewey Mansfield, Executive Officer of the Local Agency Formation Commission, has advised both CCCSD and MVSD that a common SOl line between the two sanitary districts must be established by the end of this calendar year. The staffs of the two Districts have met and agreed upon a common SOl line. This line appears on a display map which will be presented at the Board meeting. The common SOl line is based on the informal agreement between CCCSD and MVSD that properties will be annexed to the District, which provides gravity sewer service. The MVSD Board of Directors has reviewed the proposed SOl line and has agreed informally to the location. If this District's Board agrees to the proposed location, a request can be sent to LAFC to adopt the common SOl line. It is anticipated that a concurrent request would be sent to LAFC by MVSD. RECOMMENDATION: Approve the proposed common sphere of influence line between CCCSD and MVSD and authorize staff to forward a request to LAFC for adoption of the line. REVIEWED AND RECOMMENDED FOR BOARD ACTION Central Contra Costa Sanitary District BOARD OF DIRECTORS N~ VII. ENGINEERING 3 1 0 4 84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE September 26, 1984 SUBJECT TYPE OF ACTION AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONTRACT WITH MILLER PIPELINE SERVICES CORPORATION FOR PHASE I REPA RS TO THE 0 A SUBMITTED BY INITIATING DEPT./DIV. John A. Larson, Eng. Div. Mgr. Engineering Division AUTHORIZE CONTRACT ISSUE: Board authorization is required for the General Manager-Chief Engineer to execute a contract with Miller Pipeline Services Corporation. BACKGROUND: District staff has evaluated a variety of joint repair technologies and has selected the Weko Seal for use in the Phase I outfall repair. Although other joint sealing technologies will be tried, the Weko Seal is superior in that it can accommodate continued movement while maintaining a leak-tight joint. The District staff has negotiated a contract with Miller Pipeline Services Corporation of Indianapolis, Indiana: 1. Furnish and install Weko Seals at 140 locations for a lump sum price $238,000 2. Provide local dewatering (if required) to facilitate seal installation on anhourly rate basis 22,000 TOTAL 53,000 $313,000 12,000 $325,000 3. Furnish and install Weko Seals at 35 additional locations if time permits Subtotal Contingency The total cost of the Miller Pipeline Services Corporation work will not exceed $325,000. This method of contracting meets applicable regulations because the outfall inspection and repair is a maintenance activity. Funds for this work were included in the Board authorization of September 20, 1984. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a contract with Miller Pipeline Services Corporation for Phase I repairs to the outfall at a cost not to exceed $325,000. D RECOMMENDED FOR BOARD ACT/ON RJD cc<SD Central Contra Costa Sanitary District BOARD OF DIRECTORS N~VII. ENGI EE ING 4 10/4/84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE September 26, 1984 SUBJECT AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONTRACT WITHW. H. EBERT CORPORATION FOR PHASE I REPAIRS TO THE OUTFALL TYPE OF ACTION AUTHORIZE CONTRACT SUBMITTED BY INITIATING DEPT./DIV. ISSUE: Board authorization is required for General Manager-Chief Engineer to execute a contract with W.H. Ebert Corporation. BACKGROUND: W. H. Ebert Corporation will provide two services during the Phase I outfall inspection and repairs. First, Ebert will pressure test selected joints to determine whether they leak under full operating pressure (25 psi). The data obtained from the pressure testing will be used to determine the extent of the repairs to be undertaken during Phase II. Second, Ebert will furnish and install 10 Link Pipe seals and they will grout 10 joints with a polyurethane grout for comparison of performance with the Weko Seals. The District staff has negotiated a contract with W. H. Ebert Corporation. They will pressure test joints at a lump sum price of $21,000. They will furnish and install 10 Link Pipe seals for a lump sum price of $22,000 and they will grout 10 joints at a unit price of $900 per joint for a total of $9,000. With a contingency for unforeseen circumstances, the total cost of the W. H. Ebert Corpora tion work will not exceed $57,000. This method of contracting meets applicable regulations because the outfall inspection and repair is a maintenance activity. Funds for this work were included in the Board authorization of September 20, 1984. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a contract with W. H. Ebert Corporation for Phase I outfall repairs and inspection at a cost not to exceed $57,000. REVIEWED AND RECOMMENDED FOR BOARD ACTION RJD JAL cc<SD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. VI I I. COLLECTION SYS EM 1 10 4 84 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE September 28, 1984 TYPE OF ACTION SUBJECT REQUEST AUTHORIZATION OF $5,000 FROM THE SEWER CONSTRUCTION FUND TO REPLACE CSO DEPARTMENT CCTV CAMERA Authorize Funds SUBMITTED BY Robert H. Hinkson, Manager INITIATING DEPT./DIV. ISSUE: The department's black and white CCTV camera is out of service and known repair costs ($2400), expected additional costs, and down time make replacement the most cost effective solution. BACKGROUND: We have been advised by our CCTV service representative that our camera will require a minimum of $2,400 in repairs in order to be put back in service and then on a very questionable basis. The camera is almost ten years old and has been used to inspect over 475 miles of our pipelines. It has literally reached the end of its productive life. The costs, in general, are to replace the camera's electronic circuit boards. In addition, we are having continuous lighting and control system problems that are expensive, but in a more crucial sense, a source of delay in providing contract inspection. It is impossible to precisely predict the potential, additional out of pocket, loss on repairs and for being out of service. Earlier this year we had to spend $3,340 to have an outside CCTV inspection take over for us when our equipment was down. We are entering the busy season for contractor inspection. We need a reliable camera to provide this service. The $2,400 worth of repairs in the old camera will not guarantee this reliability. A $5,000 investment in a new black and white state-of-the-art camera will provide the reliable service we need. The new black and white camera, as we intended the old one, will be used as a back up to the color equipment we will purchase after the first of the year and in those parts of the collection system where we no not want to risk the color camera. RECOMMENDATION: Authorize $5,000 from the sewer construction fund to replace CSO Department CCTV camera. REVIEWED AND RECOMMENDED FOR BOARD ACTION INQ~T~tDt~~IV' <(<SD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. I X . POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE September 12, 1984 SUBJECT RECEIVE REPORT REGARDING REFUSE COLLECTION FRANCHISE AG REEMENT RENEWALS TYPE OF ACTION RECEIVE REPORT SUBMITTED BY Walter N. Funasaki Finance Officer INITIATING DEPT./DIV. Administrative Department 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: Common franchise agreements were executed on November 24, 1961 by the District with all refuse collectors granted franchises to operate within District boundaries. The term of the agreements was December 1, 1961 through November 30, 1976, with an option to extend for an additional ten-year period. The ten-year option was exercised for a term beginning December 1, 1976 and ending November 30, 1986. The franchise agreements were amended upon exercise of the initial option period, and provided for an additional option to extend the term of the agreement, and the franchises granted thereby, for ten years from December 1, 1986. The additional ten-year option period is exercisable by the refuse collectors, unless at least two years prior to the termination of the agreements on November 30, 1986, the District notifies the collectors in writing that it does not desire the agreements to be extended for the additional ten-year period. The refuse collectors must notify the District at least two years prior to the expiration of the agreements on November 30, 1986, if they decide to exercise the option for the additional ten-year term, but such notification will nevertheless be subject to the District's right of discontinuing the option; as of September 12, 1984, the District has received one written notification requesting exercise of the option for the additional ten-year term. A District task force was organized to review alternatives to routine exercise of the option period, and to identify necessary revisions to the franchise agreements in consideration of the effects of the following significant issues and uncertainties: Direction of Wastestream The District and the Contra Costa County have initiated a solid waste management study which could lead to the construction of a landfill, waste-to-energy facility or transfer station which may be publicly owned or operated. Provisions within the franchise agreement which assure control and direction of the waste stream are required. Present provisions in the franchise agreement which give the District the right to require delivery of refuse to a site owned or controlled by the District lack the specificity required to secure financing REV/EWE D RECOMMENDED FOR BOARD ACTION WNF tAB ..:J M. K RB JK INITIATING DEPT./DIV. ~~ Term of the Franchise The solid waste management project referred to in the preceding paragraph is characterized by substantial uncertainties such as the location and ownership of the landfill, waste-to-energy facility or transfer station, and the financing requirements for such facilities. In view of such uncertainties, a shorter renewal period would provide the flexibility to incorporate necessary changes. It is proposed that the District extend the franchise agreements for a three year period from 1986 to 1989, with the provision for up to three one year renewals. Anti-Trust Uncertainty Recent judicial rulings have raised uncertainty regarding the right of public agencies to grant exclusive franchises for providing services such as refuse collection without being found in violation of state and federal anti-trust regulations. This matter is presently under review by District Counsel. Revisions to the franchise agreements to include protective provisions which would avoid anti-trust challenges would be necessary. Transfer Stations One possibility that may come to pass would be a publicly-owned or operated transfer station for Central County refuse. The right to direct the wastestream to such a facility prior to its ultimate disposal would be necessary. Addi tionally, a recycling facility co-located at a transfer station would require ownership of the wastestream once the refuse arrives at the transfer site. Additions to the franchise agreement addressing these two issues would be desirable. Hazardous Waste State and federal agencies continue to deem new substances hazardous. Increasingly, fines are levied for those associated with the unauthorized disposal of hazardous waste. More and more, public concern mounts over toxics. For these reasons, addressing the refuse collectors' role in identification of hazardous waste and to prevent unauthorized dumping of hazardous waste at a county landfill should be addressed in the franchise agreement. Insurance Limits The required amounts of publiC liability and property damage coverages for the refuse collectors should be raised and the indemnification provisions revised in light of new statutes and judicial decisions. REV'RED AND RECOMMENDED 'Olt .OAItD ACT'ON INITIATING DEPT./DIV. GEN. MGR.lCHIEF ENG. Assi~nability of Franchise A more clearly defined prohibition against the transfer of the franchise without the consent of the District including a prohibition against such transfer that might take place through a sale of stock of a corporate franchise is advisable. Standardized Rate Applications As recommended by the consultant hired by the District, standardization of rate increase applications has been implemented. Incorporation of provisions within the franchise agreements which specifies requirements for submission of standardized rate applications, audited financial statements and operating statistics is desirable. Based on the foregoing, the task force recommends the course of action described below: 1. Written notification should be made to the refuse collectors prior to November 30, 1984 advising that the ten-year option period beginning December 1, 1986 will not be granted. A draft of the written notification is attached.- 2. During the period December 1, 1984 through December 1, 1985 . negotiate any necessary revisions including those described in this position paper; the new agreement is proposed for a three to six year period beginning December 1, 1986. 3. During the three-year period of the revised agreement from December 1, 1986 through November 30, 1989, further review of the franchise agreement provisions would be undertaken in light of developments in the landfill and waste-to-energy project. 4. Enter into year-by-year renewals of the franchise agreements from December 1, 1989, as appropriate. RECOMMENDATION: Review the task force's. recommended course of action and provide comment and guidance; approve distribution of the written notification to refuse collectors prior to November 30, 1984. WNF/lp -NOTE THAT THE ATTACHED DRAFT OF THE WRITTEN NOTIFICATION HAS BEEN REVISED BY THE ADDITION OF THE ISSUE OF RECYCLING REFUSE. ItEV'PED AND ItECDMMENDED ~D" 101."0 ACT,ON INITIATING DEPT./DIV. GEN. MGR.lCHIEF ENG. Central Contra Costa Sanitary District Martinez, California 94553 . 5019 Imhoff Place (415) 689-3890 September 21, 1984 ROGER J, DOLAN General Managar Chief Engine.r J. J. CARNIA TO Coun.el for the District (415) 283'1552 JOYCE E, McMILLAN Secretary Of the District Dear SECOND AMENDED AGREEMENT FOR COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE BY AND BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND PLEASANT HILL BAYSHORE DISPOSAL SERVICE Pursuant to the agreement entered into between the Central Contra Costa Sanitary District and Pleasant Hill Bayshore Disposal Service, the franchise granted by that contract may be extended for an additional term of ten years from December 1, 1986 unless the District notifies the franchisee in writing that it does not desire that agreement to be extended for an additional ten years. The purpose of this letter is to advise you that pursuant to the District's rights contained in Paragraph 22 of said agreement, the District does not desire that agreement to be extended for an additional ten year period. As you know, the question of solid waste in the County of Contra Costa is currently undergoing a review by this agency and others. The question of dump siting, potential waste-to-energy projects and legal complications raised in part by the Boulder decision and the decision recently rendered by the Federal District Court in the city of Chula Vista case are complicating factors. Notwi thstanding this notification to you of the non-extension of the franchise for a ten year period, the 'District is prepared immediately to negotiate with you for an extension of the franchise for a three year period from December 1, 1986 to November 30, 1989, with the possibility of three additional one-year extensions. In any such negotiation, the following items would be addressed: 1. Litigation: The District must be protected relative to any litigation that might be instituted challenging the franchise due to anti-trust or other legal issues; 2. Transfer Station: Negotiations would address the ownership, use and operation of transfer stations; BOARD OF DIRECTORS PARKE L. BONEYSTEELE NELS E. CARLSON, JR. WILLIAM C. DALTON JOHN B. CLAUSEN ALAN L. STANLEY President 3. Disposal of Garbage: Those general provisions of Paragraph 5 entitled "Disposal of Garbage" would be addressed in such negotiations. The District's intent is to broaden its authority concerning the disposition of all garbage collected under the franchise; 4. Recycling Refuse: In view of the public interest in recycling and the urgent landfill capacity problem, the District would be interested in broadening its efforts in cooperatively working with the franchisees in pursuing the establishment of a program for recycling refuse; 5. Insurance and Indemnification: A review of the current franchise agreement indicates that the thresholds of public liability and property damage insurance are too low and need to be raised. It also appears that the indemnification provisions contained in Paragraph 17 of the current agreement need to be revised in light of new statutes and judicial decisions; 6. Assignment of Franchise: The District will require a more clearly defined prohibition against transfer of the franchise without the consent of the District, including a prohibition of any such transfer that might take place through a sale of stock of a corporate franchise; 7. Standardization of Rate Applications: As recommended by the consultants hired by the District, standardization of the rate increase applications has been implemented. The District desires an incorporation of provisions within the franchise agreement which specifies requirements for submission of standardized rate applications, audited financial statements and operating statistics. The above outline of negotiations relative to a three year extension is not meant to limit negotiations, but to provide you with a statement of the District's current position in order that you might advise the District as to whether there is any interest in renewing the franchise for the three year period, with three possible one year extensions, and entering into negotiations as outlined above. PI ease adv i se. Thank you for your courtesy and cooperation. Very truly yours, William C. Dalton, President Board of Directors WCD/lp