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Home My WebLink About9/19/2002 AGENDA BACKUPcC Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 19, 2002 No.: 4.a. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT WORK / AUTHORIZE FILING NOTICE OF COMPLETION Subject: ACCEPT CONTRACT WORK FOR THE WEST BRANCH PUMPING STATION IMPROVEMENTS PROJECT, DISTRICT PROJECT NO. 6156, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating DeptJDiv.: David J. Reindl, Associate Engineer Operations / Plant Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION: J 4'e4 r 9�L - D. Reindl J. K y Charles . Batt General Man, er ISSUE: Construction has been completed on the West Branch Pumping Station Improvements Project, District Project 6156, and the work is now ready for acceptance. RECOMMENDATION: Accept contract work. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is required under the California Civil Code, Section 3093. BACKGROUND: The West Branch Pumping Station was installed in 1989 to serve portions of San Ramon. It will remain in service until flows are rerouted to the San Ramon Pumping Station, via the Dougherty Tunnel. This project installed a permanent generator and an automatic transfer switch, replacing a non - automatic rental generator set. See Attachment 1 for location of project. The Board of Directors authorized the award of a construction contract for the work in the amount of $32,700 to Bellalaney Construction on April 12, 2002. The contractor was issued a Notice to Proceed, which was effective July 8, 2002, with a contract completion date of August 7, 2002. The contractor was granted a time extension when the concrete subcontractor developed a scheduling conflict that resulted when the start date was delayed. The District took beneficial use of the project on August 12. All work, with the exception of minor punch list items, has been completed. This project is funded from the Collection System Contingency Account. It is appropriate to accept the contract work at this time. The total authorized budget for this project is $93,000, and appears adequate to cover all project - related expenses. An accounting of this project will be provided to the Board of Directors at close out. RECOMMENDED BOARD ACTION: Accept contract work for the West Branch Pumping Station Improvements Project, District Project No. 6156, to Bellalaney Construction, and authorize the filing of the Notice of Completion. 9/6/02 S:\ Correspondence \POSPAPR \2002 \WestBranch.6156.wpd Page 1 of 2 f ` \� SUISUN BAY �9 VQItY 7 i CCCSD Pumping Stations 0 `er gyp` k PLEASANT ,�" o,� - 69C2 Acacia - 69D2 g CCCSD Area 13. HILL CLAYTON qtr Lower Orinda - 69D3 BOYD RD 15. HOU 2. Fairview - 8B7 16. Bates Boulevard / Orinda - 71B4 3. Maltby - 13A2 17. Via Robles - 71E2 4. Concord Metering - 13C4 18. Moraga - 73E7� 0 5. Buchanan Field North (1) - 13C7 19. West Branch - 102E2 xa Joco 4P 6. Buchanan Field South (2) - 47C1 20. San Ramon (Larwin) - 117C2 +rte GEAR, RD Jw� Lawrence Road North 0) - 103C2 8. Concord Industrial- 13E1 22. Lawrence Road South (2) - 103B3 J� `S 9. Bates Avenue - 13E2 23. East Branch - 103B4 s� � SAN RAMON 6ao ' �urV CSO + AK $ 0 YARD r LAFAYETTE WALNlJT 24 CREEK ® c� f y� i5 RINDA � �I�giM a� RD a yam. ALAMO ! STUE V,(TfY _i_ WY AU MORAGA M MILES _ CCCSD Pumping Stations 0 `er P.S. Locations 10. Sleepy Hollow El. School- 42D7 11. Wagner Ranch School A CCCSD Facility 12. - 69C2 Acacia - 69D2 g CCCSD Area 13. Flush Kleen - 69D3 14. Lower Orinda - 69D3 1. Martinez - 9D1 15. Orinda Crossroad - 69E5 2. Fairview - 8B7 16. Bates Boulevard / Orinda - 71B4 3. Maltby - 13A2 17. Via Robles - 71E2 4. Concord Metering - 13C4 18. Moraga - 73E7� 5. Buchanan Field North (1) - 13C7 19. West Branch - 102E2 xa Joco 4P 6. Buchanan Field South (2) - 47C1 20. San Ramon (Larwin) - 117C2 +rte 7. Clyde - 11E7 21. Lawrence Road North 0) - 103C2 8. Concord Industrial- 13E1 22. Lawrence Road South (2) - 103B3 J� `S 9. Bates Avenue - 13E2 23. East Branch - 103B4 s� � SAN RAMON Prepared by Engineering Engineeiring Support Section D ABLO Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 19, 2002 No.: 6.a. BIDS AND AWARDS Type of Action: AUTHORIZE AWARD Subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO [MR ROOFING CORPORATION FOR THE NORTH ADMIN BUILDING ROOF REPLACEMENT PROJECT, DISTRICT PROJECT NO. 6166 Submitted By: Initiating Dept ✓Div.: Ba T. Than, Senior Engineer Operations / Plant Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION. ,/ r B. man J. Ke *General Batts nag r ISSUE: On September 4, 2002, sealed bids were received and opened for the North Admin Building Roof Replacement Project, District Project No. 6166. The Board of Directors must authorize award of the contract or reject bids within 50 days of the bid opening. RECOMMENDATION: Authorize award of a construction contract to IMR Roofing Corporation. FINANCIAL IMPACTS: Approximately $107,000 including bid price, contingency, and construction management. ALTERNATIVES /CONSIDERATIONS: Reject all bids. BACKGROUND: The North Admin Building Roof Replacement Project is part of the Treatment Plant Road and Roof Replacement Project. The purpose of this portion of the project is to renovate the roof above the North Administration Building. This project includes removal of the existing roof, insulation, and existing supports from abandoned equipment, and installation of a new roof and insulation over the old laboratory and Plant Operations Division administrative areas. Refer to Attachment 1 for a map of the project location. Plans and specifications for this project were prepared by WRMS Engineering and staff. The engineering estimate for construction cost is $80,000. The project was advertised on August 13 and 19, 2002. Five (5) bids, ranging from $85,500 to $154,000 were received and publicly opened on September 4, 2002. A summary of these bids is shown on Attachment 2. Staff conducted a commercial and technical evaluation of these bids 9/12/02 S:\ Correspondence \POSPAPR \2002 \NorthAdmin Roof. 6166.wpd Page 1 of 5 POSITION PAPER Board Meeting Date: September 19, 2002 subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO IMR ROOFING CORPORATION FOR THE NORTH ADMIN BUILDING ROOF REPLACEMENT PROJECT, DISTRICT PROJECT NO. 6166 and has determined that IMR Roofing Corporation is the lowest responsible bidder with a bid amount of $85,500. Construction management, construction contract administration, and construction inspection will be performed by District staff. Construction support services include reviewing shop drawings and submittals, responding to design questions, evaluating change order requests, and performing site visits to verify compliance with the design intent, will be performed by WRMS. The allocation of funds required to complete this project, as shown in Attachment 3, is $107,000. The North Admin Building Roof Replacement Project is included in the Fiscal Year 2002 -03 Capital Improvement Budget on pages TP -1 14 through TP -1 15. Staff has determined that there are adequate funds in the Capital Improvement Budget and Plan for this project. The Project Manager has reviewed the expenditure requirements for this allocation and has determined that they are consistent with the Capital Improvement Budget and Plan. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15302, since it involves minor replacement of an existing sewage facility on the same site with no increase in capacity. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Authorize award of a construction contract in the amount of $85,500 for the North Admin Building Roof Replacement Project, District Project No. 6166, to IMR Roofing Corporation, the lowest responsible bidder. 9/12/02 S:\ Correspondence \POSPAPR \2002 \NorthAdminRoof.6166.wpd Page 2 of 5 0 N 0 150 900 FEEr 0 Ono] � O \ Warehouse 0 PROJECT SITE / a / s4l 0 ,� / / ii i/ /i Central Contra Costa Attachment Sanitary District NORTH ADMIN. BLDG. ROOF REPLACEMENT District Project 6166 1 Project Location Page 3 of 5 ATTACHMENT 2 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO.: 6166 DATE: SEPTEMBER 4, 2002 PROJECTS NAME: NORTH ADMIN BUILDING ROOF REPLACEMENT LOCATION: MARTINEZ, CALIFORNIA ENGINEER EST.: $80,000 No. BIDDER BID PRICE (Name & address) 1 IMR Roofing Corporation $85,500 850 South Van Ness Avenue, No. 23 San Francisco, CA 94110 2 B &R $101,667 2100 Embarcadero, Suite 201 Oakland, CA 94606 3 Sparks Roofing Company, Inc. $129,305 4700 Evora Road Concord, CA 94521 4 Western Roofing Service $130,000 2594 Oakdale Avenue P.O. Box 24022 San Francisco, CA 94124 5 ARC Inc. $154,000 140 South Whisman Road Mountain View, CA 94041 BIDS OPENED BY /s/ Joyce Murphy DATE September 4, 2002 SHEET NO. 1 OF 1 9/12/02 SACorrespondence\POSPAPR \2002 \NorthAdmin Roof. 6166.wpd Page 4 of 5 ATTACHMENT 3 NORTH ADMIN BUILDING ROOF REPLACEMENT - DISTRICT PROJECT NO. 6166 POST -BID / PRE - CONSTRUCTION COST ESTIMATE Percent of Estimated Construction No. Item Description Amount I Cost 1 CONSTRUCTION a. Construction Contract $ 85,500 b. Contingency at 20% $ 17,500 TOTAL CONSTRUCTION $103,000 2 CONSTRUCTION MANAGEMENT a. District Forces - Construction Management /Resident Engineering /Inspection $ 11,000 - Project Engineering /Operations Department $ 1,000 SUBTOTAL $ 12,000 b. Consultants - Construction Support Services $ 2,000 - Material and Construction Testings $ 1,000 SUBTOTAL $ 3,000 TOTAL CONSTRUCTION MANAGEMENT $ 15,000 3 TOTAL CONSTRUCTION PHASE COST $118,000 4 TOTAL PREBID EXPENDITURES $ 14,000 5 TOTAL DESIGN AND CONSTRUCTION MANAGEMENT COST $ 29,000 6 TOTAL ESTIMATED PROJECT COST $132,000 7 FUNDS AUTHORIZED TO DATE $ 25,000 8 ADDITIONAL ALLOCATION NEEDED TO COMPLETE PROJECT $107,000 Page 5 of 5 100% 12% 3% 15% 115% 14% 28% 128% Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 19, 2002 No.: 7.a. ITEMS HELD OVER FROM PREVIOUS Type of Action: AUTHORIZE AGREEMENT BOARD MEETINGS (held over from 9/5/02) subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LICENSING AGREEMENT GRANTING FAIRFIELD - SUISUN SEWER DISTRICT RIGHTS TO USE PATENTED SYSTEMS Submitted By: Initiating Dept. /Div.: Ba T. Than, Senior Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: R�TT Wq 4�kA_ B. Than W. Brennan A. Farrell K. Alm General ISSUE: Board of Directors' authorization is required for the General Manager to execute an agreement with other agencies. RECOMMENDATION: Authorize the General Manager to execute a licensing agreement granting Fairfield- Suisun Sewer District rights to use District patented systems. FINANCIAL IMPACTS: The Fairfield- Suisun Sewer District will reimburse Central Contra Costa Sanitary District in the amount of $1,000 for the administrative cost. ALTERNATIVES /CONSIDERATIONS: The Board could choose not to issue the license or could alter the cost. BACKGROUND: As part of the Treatment Plant Seismic Upgrade Project (DP 7144) District staff developed a pressure relief system for the protection of the feedwells, the solid center section through which effluent enters the tank, in the eight secondary clarifiers. In a study of treatment facilities impacted by earthquakes, staff discovered that clarifier feedwells have been damaged by hydraulic wave action. The purpose of the District system is to protect the secondary clarifier feedwell from damage caused by these hydraulic waves which can reach three feet in height and can travel back and forth in the clarifier. The relief mechanism is comprised of several doors in the feedwell that pop open when such conditions occur. This pressure relief system was developed to protect the District assets and is now serving that purpose. The cost of the construction of this system was $480,000. The system has been in place since late 1999. During the construction of this system, its innovative quality made it apparent to staff that it could be patented. The cost of obtaining the patent was $5,000 for the patent attorney, a $1,700 fee to the Patent and Trademark Office, and approximately $1,500 for staff time. 9/12/02 U Position Papers\ BTHAN \icensingagreementrevised2.WPD Page 1 of 12 POSITION PAPER Board Meeting Date: September 19, 2002 AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LICENSING AGREEMENT GRANTING FAIRFIELD- SUISUN SEWER DISTRICT RIGHTS TO USE PATENTED SYSTEMS The purpose of obtaining the patent for this system was to protect the device from becoming the property of private interests, who could use it in a proprietary design or charge for its use, or prevent others from using it. Currently the patent is held by the District. The District Board should set policy whether or not to place this patent in the public domain. This issue was discussed at the Board meeting of September 7, 2000, during a report about the project. That portion of the minutes is presented as Attachment 1. At the Board meeting of May 9, 2002, the General Manager announced that staff had been asked to grant a patent license to the Fairfield- Suisun Sewer District. He stated that Fairfield- Suisun would reimburse the District for staff and legal time necessary to issue the license in the amount of $ 1,000. The Board voiced no objection. That portion of the minutes is presented as Attachment 2. Research of the Board minutes have found two other patents discussed at Board meetings. On October 2, 1958, the Board approved the application for a patent on an overflow relief valve developed by District personnel. (Staff believes that this patent was placed in the public domain but can find no Board minutes reflecting this.) On August 17, 1972, the Board discussed patent rights to processes developed during research by Brown and Caldwell consultants for the District, and determined that such patents should be in the public domain. On November 16, 1972, the discussion of putting process research by Brown and Caldwell into the public domain in a way as to preclude the issuance of patents by private interests was noted in the minutes. On September 18, 1975, there was discussion of a treatment plant process patent application by Brown and Caldwell and the parties agreed that it was to be assigned to the District. On February 5, 2002, the United State Patent and Trademark Office granted a patent to Central Contra Costa Sanitary District for the design of a pressure relief system for the protection of the feedwell section of a clarifier. This Patent No. 6,343,698.is entitled Seismic Protection System for a Clarifier Feedwell in a Wastewater Treatment System. The official certificate of this patent was presented to the Board on July 11, 2002. The Fairfield- Suisun Sewer District, a nearby special district, is currently upgrading their treatment facilities and has requested to use this patented system in their clarifiers. The Fairfield- Suisun Sewer District has drafted and signed the attached licensing agreement based on the premise that the District patent could be made available for use by others. 9/12/02 L: \Position Papers\ BTHAN \icensingagreementrevised2.WPD Page 2 of 12 POSITION PAPER Board Meeting Date: September 19, 2002 AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LICENSING AGREEMENT GRANTING FAIRFIELD - SUISUN SEWER DISTRICT RIGHTS TO USE PATENTED SYSTEMS RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a licensing agreement granting Fairfield- Suisun Sewer District rights to use patented systems. 9/12/02 LAPosition Papers\ BTHAN \icensingagreementrevised2.WPD Page 3 of 12 ■ nwmvs/■Uws W o s r AUG 0 9 2002 r FAIRFFIELD - SUISUI,I LICENSING AGREEMENT AWAVEEN DISTRICT CENTRAL CONTRA COSTA SANITARY DISTRICT AND FAIRFIELD- SUISUN SEWER DISTRICT This Licensing Agreement ( "Agreement ") is made on September 6, 2002, by and between Central Contra Costa Sanitary District ( "Licensor "), a local public entity organized under the Sanitary District Act of 1923, and Fairfield- Suisun Sewer District ( "Licensee's, a local public entity organized under special legislation. RECITALS A. WHEREAS, Licensor has a patent relating to a certain design for wastewater process equipment called Seismic Protection System. for a Clarifier Feedwell in a Wastewater Treatment System, which patent is identified by the United States Patent Office as Patent No. 6,343,698 ( "Patent "); and B. WHEREAS, Licensee desires to obtain a nonexclusive license to use the process equipment design described in the Patent, and Licensor desires to grant this license to Licensee on terms and conditions acceptable to the parties; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and intending to be legally bound by this Agreement, Licensor and Licensee agree as follows: AGREEMENT SECTION 1. Grant Of Rights. Licensor grants Licensee the nonexclusive license to use the design process as described in the Patent, subject to the terms and conditions set forth in this Agreement.. Nothing in this Agreement should be construed to prohibit the granting of other or similar licenses to any other person or entity or to prohibit Licensor from using, selling, or licensing the design process. In the event that Licensor develops or discovers modifications to or improvements in the technology embodied in the Patent that it deems in its sole discretion to be useful to the Licensee's use of the rights granted by this Section ( "Improvements', Licensor promptly must disclose the Improvements to Licensee in writing and offer a license to use the Improvements upon the terms and conditions set forth in this Agreement: SECTION 2. Grant -Back To ,Licensor. Licensee grants to Licensor a nonexclusive, royalty-free license to use any modifications to or improvements in any technology used by Licensee pursuant to this Agreement and promptly to disclose all such modifications and improvements to Licensor. SECTION 3. Warranties By Licensor. Licensor warrants and represents that it is the sole owner of the process described in the Patent, that to its lanowledge no claim has been made contesting the validity of the process described in the Patent, and that the. practice of the art disclosed in the Patent will not constitute an infringement of the rights of any third party. Doc #246428 2R Page l of 3 Page 4 of 12 C r SECTION 4. Payment. As and for full consideration for the rights granted in this Agreement, Licensee will pay to the Licensor $ 1000.00 upon the execution of this Agreement. SECTION 5. Confidentiality. Licensee acknowledges and agrees that all technical and other information disclosed to it by Licensor is confidential and proprietary to Licensor ( "Confidential Information ") and acknowledges that the unauthorized disclosure and/or use of any of the Confidential Information will result in immediate and 'irreparable injury to Licensor. Licensee may disclose the Confidential Information only to those of its employees, contract operators, design engineers, and contractors to whom such disclosure is necessary to permit the use of the design process, and may not disclose any of the Confidential Information to any other person or entity without the prior written approval of Licensor. This Section is applicable only to Confidential Information that is exempt from Federal Patent laws and/or the California Government Code Sections 6250 et seq. ( "Public Records Act ") as privileged "Trade Secrets" (see CAL. GOVT CODE § 6254.7). SECTION 6. Sub - License. Licensee may not grant any sub - license of any of the rights granted by this Agreement without the prior written permission of Licensor. SECTION 7. Infringement. In the event that Licensee becomes aware of any act that may constitute an infringement of any right P ranted by this Agreement; Licensee promptly must notify Licensor of that act. SECTION 8. Term and Termination. 8.1. Initial Term. This Agreement is effective as of the date entered on the first page of this Agreement; and will remain in effect indefinitely, unless terminated pursuant to this Section. 8.2. Termination by Consent. This Agreement may be terminated at any time by the written, mutual consent of Licensor and Licensee. 8.3. Early Termination by Licensor. Licensor may terminate this Agreement on ninety (90) days' prior written notice in the event that Licensee breaches any term of this Agreement and fails to cure that breach within sixty (60) days or receipt of notice of the breach. SECTION 9. Applicable Law. This Agreement is govered by and construed under the laws of the State of California. SECTION l0. Assignment. Licensee may not assign this Agreement or any right granted in this Agreement without the prior written consent of Licensor. Should Licensor consent to any assignment, assignee must accept all obligations and Page 2 of 3 Doc #246428 Page 5 of 12 e e limitations contained herein. SECTION 11. Entire Agreement. This Agreement constitutes the entire agreement between Licensor and Licensee with regard to its subject matter, and no prior, simultaneous, or collateral promises or representations not expressly contained in this Agreement are of any force or effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives. CENTRAL CONTRA COSTA SANITARY DISTRICT ATTEST: APPROVED AS TO FORM: By: Kenton L. Alm, Legal Counsel FAIRFIELD -S � y ST CT By: ATTEST: V By: Lo Utz � 175 ici C1 ?rX APP AS Fo By: fto'P412 iz Mark Co -ius, Legal Counsel 9 Doc X246428 Page 3 of 3 Page 6 of 12 NOTARY STATEMENT OF CENTRAL CONTRA COSTA SANITARY DISTRICT State of California } County of Contra Costa } ss On J'AI1 3),2NL before me y ay) - �- Lop�a Notary Public, personally Appeared Name(s) of Signers) 9 personally known to me -OR- ❑ proved to me on basis of satisfactory CAPACITY CLAIMED BY SIGNER O-INDIVIDUALf3) ❑ CORPORATE OFFICER(S) G e \e r'Oj M a Yl,a Title(s) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER Describe SIGNER IS REPRESENTING: Name of Persen(s) or Entity4") 7FalV-E- eW - S U►SUw Scwyv- 15 1 CA Page 7 of 12 evidence to be the person(s) whose name(s) NNAI is /are subscribed to the within instrument p .g and acknowledged to me that he /she /they C executed the same in his /her /their authorized a cr o c, capacity(ies) and that by his /her /their O U" o signature(s) on the instrument, the person(s) U or the entity upon behalf of which the Z< g E person(s) acted, executed the instrument. 9 t'� WITNESS my hand and official seal UZ V Signature of Nota CAPACITY CLAIMED BY SIGNER O-INDIVIDUALf3) ❑ CORPORATE OFFICER(S) G e \e r'Oj M a Yl,a Title(s) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER Describe SIGNER IS REPRESENTING: Name of Persen(s) or Entity4") 7FalV-E- eW - S U►SUw Scwyv- 15 1 CA Page 7 of 12 ld NOTE: ALL SIGNATURES MUST BE NOTARIZED, USING THE FOLLOWING NOTARY STATEMENTS, IF NECESSARY, ATTACH SEPARATE NOTARY STATEMENTS. NOTARY STATEMENT OF FAIRFIELD- SUISUN SEWER DISTRICT State of California } County of Solano } 55 r• r On �u itzs,7 J_ �iG`-before me�kt.r1au ^a_.A .L "1 a Notary Public, personally G ' Appeared 2_,D Namet4 of Signer(s) r31 personally known to me -OR- 11 proved to me on basis of satisfactory evidence to be the personOO whose name([ is /,are subscribed to the within instrument and acknowledged to me that 1te7she /they' executed the same in his7her /tWr authorized capacity(iesl and that by ))islher /their signature(S,' on the instrument, the personal or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal Signature of Notary CAPACITY CLAIMED BY SIGNER ® INDIVIDUAL( ❑ CORPORATE OFFICER(S) T) 5IrIc_� CE/^ Title(s) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER Describe SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Page 8 of 12 r NOTE: ALL SIGNATURES MUST BE NOTARIZED, USING THE FOLLOWING NOTARY STATEMENTS, IF NECESSARY, ATTACH SEPARATE NOTARY STATEMENTS. NOTARY STATEMENT OF FAIRFIELD- SUISUN SEWER DISTRICT State of California } County of Solano } ss CAPACITY CLAIMED BY SIGNER c. �� On �� 2-001 before me l =� M a Notary Public, personally .L�J INDIVIDUAL(S) Appeared 5 ❑ CORPORATE OFFICER(S) Name(s) of Signer(s) YJ personally known to me -OR- ❑ proved to me on basis of satisfactory evidence to be the person(s) whose name(s) ESH is /are subscribed to the within instrument yj and acknowledged to me that he /she /they f_ executed the same in his /her /their authorized r�nZ capacity(ies) and that by his /her /their signature(s) on the instrument, the person(s) or the entity upon behalf of which the `. p OR -j person(s) acted, executed the instrument. Z0nm � 0 i 6 Y4 0= m �'c° 0 � LIS3 ►+ WITNESS my hand and official seal Signature of Notary Title(s) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑., TRUSTEE(S) :,IJ OTHER Lec;ti 1 ('wyi5e; —� Describe SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) c- iZ" F1f IC1 -Sytsui Dcv�f t' l�i5h1C. Page 9 of 12 None a. 161 ATTACHMENT 1 AYES: Members: Lucey, Menesini, Nejedly, Hockett, Boneysteele NOES: Members: None ABSENT: Members: None 1) Mr. Charles W. Batts, General Manager, stated that at the last Board Meeting, an update on the Treatment Plant Seismic Upgrade Project was requested. After the recent events in Napa, it seems more than timely to review this portion of the District's earthquake preparedness. Improvements have been undertaken to the treatment plant to maintain treatment capability after an earthquake and to minimize restoration time and costs for damaged facilities. Mr. Batts introduced Mr. Munawar Husain, Associate Engineer, who stated that construction on the Treatment Plant Seismic Upgrade Project began about two years ago. Work . has been going on throughout the treatment plant to upgrade existing facilities and equipment to withstand damage from an earthquake up to 6.5 on the Richter scale. Mr. Husain stated that it is also hoped that the improvements from this project will allow treatment operations to begin right away, avoiding a prolonged shutdown. The construction contract in the amount of $5,514,484 was awarded to Kaweah Construction Company on November 20, 1998 and the Notice to Proceed was issued on January 6, 1999. The contract completion date is February 3, 2001. To date 79 percent of the time has elapsed and the work is 90 percent complete. There have been 22 change orders totaling $80,183, a little less than 1.5 percent of the contract value. Mr. Husain reviewed the major components of the contract work including: • Replace feedwell rings in eight Secondary Clarifiers 0 Reinforce and upgrade divider walls in four Aeration and Nitrification Tanks • Build a new electrical switchgear building • Install new electric cables in above ground conduits and in surface electrical cable trenches • Upgrade the electrical distribution system to permit switching to alternate power sources (standby power or cogeneration power) in the event the PG &E system is damaged • Add additional supports and bracing throughout the Plant to such things as boilers, centrifuges, piping, overhead crane rails, overhead electric duct banks, motor control centers, fuel and chemical tanks, computer floors Mr. Husain stated that the District and Montgomery Watson staff have developed a unique design for the center feedwell ring for the clarifiers. An application was filed in August 2000 with the U.S. Patent and Trademark Office in Washington, D.C. for this unique solution for the clarifiers. Rights for these clarifier feedwell pressure relief doors have been assigned to the District for this patent by all the individuals who were part of the development. A San Francisco law firm is representing the District on the patent application. The District will be notified with regard to approval of the patent in the next three to four months. Page 10 of 12 09 U 7 00 162 Discussion followed with regard to the patent process, the cost of securing the patent, and whether it is generally good ethical practice for a public agency to secure a patent. Mr. Kenton L. Alm, Counsel for the District, stated that once the patent is secured it will be up to the Board of Directors to consider whether to put this in the public domain. The thought was to protect the process from others stepping in and getting a patent and then charging for its use or preventing others from using it. Mr. Husain continued his presentation, showing slides of the seismic upgrades being made throughout the treatment plant and specifically the upgrades to the clarifiers. President Lucey thanked Mr. Husain for his information presentation. 2) Mr. Batts, General Manager, announced that the District will be advertising for bids for the 2,400 Volt Feeder Replacement Project. The feeder provides power to two large Applied Water Pumps that pump effluent into the Filter Plant. These two pumps also provide backup and reliability to small regular duty pumps for utility water and the reclaimed water system. The feeder will be replaced with one with improved insulation. The engineer's estimate for the work is $50,000. 3) Mr. Batts, General Manager, announced that the District will also be advertising for the Filter Plant Enhancements Project, DP 7196, to rehabilitate the sand filters and the backwash system, add algae control, and replace valving. The engineer's estimate for this project is $700,000. 4) Mr. Batts, General Manager, stated that at the last Board Meeting there was a suggestion for the use of an end -of- project notice to inform residents of the completion of a construction project and to thank them for their patience. The District's construction staff has taken the idea and will use end -of- project notification to effected residents including a telephone number for project comments. Signs will also be used for those whose normal traffic patterns were affected by construction. 5) Mr. Batts, General Manager, stated that there has been little action on the Little Hoover Commission Report during this legislative session. The property tax allocation remains and pay back of Educational Revenue Augmentation Fund (ERAF) funds to special districts will not occur. The request for audits of special districts by the State, Assembly Member Wildman's bill, has been withdrawn until next year. 6) Mr. Batts, General Manager, reported that the City of Orinda has asked the District to provide survey assistance for some of its stormwater sewers. The work will be less than $5,000 and will be performed under a contract similar to other agreements the District uses for public agencies. Unless the Board objects, staff will proceed. The Board voiced no objection. 7) Mr. Batts, General Manager, announced that the District's 2000 Health and Safety Picnic will be held on September 16, from 10:00 a.m. to 3:00 p.m. at the Pleasant Hill Park on Gregory Lane. There will be games, displays, safety activities, and great food. Everyone is welcome. 8) Mr. Batts, General Manager, announced that the District will participate in the September 27, 2000 Walnut Creek Chamber of Commerce Business Fair and the September 28, 2000 Danville Chamber of Commerce Business Showcase. 9) Mr. Batts, General Manager, announced that Mt. View Sanitary District is hosting an open house on September 23, 2000, from 9:00 a.m. to noon. Activities will include pollution prevention displays by public and private agencies, viewing of pollution prevention equipment, and tours of Mt. 0 Page 11 of 12 �9 Z c - 1 168 ATTACHMENT 2 problems with the telephone appointment system used by Philips Services. The mobile collection event did not affect participation at the permanent Household Hazardous Waste (HHW) Collection Facility. On April 20, 134 customers were served at the HHW Collection Facility. That is the busiest day since last August. 10) Mr. Batts, General Manager, announced that staff has been asked to grant a patent license for Fairfield- Suisun Sewer District to use the District's design for pressure relief doors on the secondary clarifiers. The District received a patent for this design in February 2002. In the past, staff has requested the Board of Directors to authorize the General Manager to execute a patent license agreement with other agencies for this purpose. If there is no objection, that will be done. Fairfield- Suisun will reimburse the District for staff and legal time in the amount of $ 1,000. The Board voiced no objection. 1 1) Mr. Batts, General Manager, announced that the District has been selected as one of three local businesses to receive Senator Tom Torlakson's "Fit Business" Awards. The District is being recognized for its Wellness Program which was started in 1990. 12) Mr. Batts, General Manager, reported that the Regional Water Quality Control Board (RWQCB) conducted its annual inspection of the District's treatment plant on May 7, 2002. Due to time constraints by RWQCB staff, the Level B inspection, which normally takes three days, was completed in 4% hours. The inspection consisted of a plant tour, review of maintenance activities and records, status of electronic operations and maintenance (O &M) manuals, and review of laboratory procedures and records. The inspection report will be completed in six to eight weeks. The inspector's comments were very positive. In particular, he was impressed with the backlog reduction in maintenance work orders, the substantial progress on the 0 &M manuals, and the treatment plant performance. He indicated that the District was one of the few treatment plants in the Bay Area that had not received one or more mandatory minimum penalties for permit violations. b. COUNSEL FOR THE DISTRICT None C. SECRETARY OF THE DISTRICT None MINNIT01 `i0 1) Member Lucey and Director of Operations Jim Kelly reported on the May 1- 4, 2002 California Association of Sanitation Agencies (CASA) conference. Mr. Kelly distributed a written report and handouts from the conference. A highlight of the conference was Principal Engineer Tad Pilecki's presentation on micro tunneling experiences at the District. 2) Member Lucey reported on the May 8, 2002 Household Hazardous Waste (HHW) Committee meeting. Topics of discussion included the Request for Proposals for Procurement of Household Hazardous Waste Disposal and Temporary Staffing Services, status of HHW Collection Facility operations and participation levels, and the proposed reduction in the number of mobile collection events from three per year to two per year to contain costs. 3) President Menesini invited all those interested to attend the May 20, 2002 Environmental Alliance Discussion Series which will feature a discussion of the Clean Water Program and new requirements for development. 044 UA-"h 5 0 9 Page 12 of 12 1 COSTS FOR CLARIFIER PRESSURE RELIEF SYSTEM COST TO PROTECT CLARIFIERS: DESIGN COST (ESTIMATED) $50,000 CONSTRUCTION COST $480,000 ($60,000 PER CLARIFIER) SUBTOTAL $530,000 ADDITIONAL COST FOR PATENT: PATENT ATTORNEY $5,000 PATENT AND TRADEMARK OFFICE $1,700 STAFF TIME FOR PATENT (ESTIMATED) $1,500 SUBTOTAL $8,200 TOTAL COST $538,200 • THIS DEVICE WAS DESIGNED AND BUILT TO PROTECT DISTRICT FACILITIES IN THE EVENT OF AN EARTHQUAKE. • THE PATENT WAS OBTAINED TO PROTECT THE DEVICE FROM BECOMING THE PROPERTY OF PRIVATE INTERESTS. • STAFF PROPOSES, BASED ON PREVIOUS PRESENTATIONS TO THE BOARD, TO ONLY CHARGE THE COST OF A LICENSE FOR ANOTHER PUBLIC AGENCY. • ON TWO PRIOR OCCASIONS THE BOARD PUT PATENTS IN THE PUBLIC DOMAIN. IN THIS CASE, THIS HAS NOT BEEN DONE TO PRESERVE THE POTENTIAL FOR REVENUE. . ONCE PATENTS ARE PUT IN THE PUBLIC DOMAIN, THE DISTRICT CANNOT RECEIVE ANY COMPENSATION FOR THEM. • STAFF REQUESTS DIRECTION FROM THE BOARD FOR LICENSING AGREEMENTS. i r �_ �:, ► ► O Douglas J. Craig Board of Directors Meeting September 19, 2002 SECONDARY CLARIFIER GEAR REPAIR • Eight Secondary Clarifiers • In service 25 years • No overhauls or replacements • One recent failure; at least two more pending 1 REPAIR QUOTES FROM MANUFACTURER w EIMCO • New gear drive 5449600 • Rebuild existing gear $199000 drive • Install new or repaired gear drive $35,800 TOTAL $999400 REPAIR STRATEGY • Buy one new gear drive for Immediate replacement • Remove old gear drive and Install new gear drive using District staff • Rebuild old gear drive using District staff All "1511i Ar _ Q «•/ a may, .. 9,. a •.. f5 k r Sb A w � Rf e rar '. o Asa . . «- a•.R.:=.'.ue, -- w.-.�, -.asmswm..�s+ena �-u +�e�e r Lq MEMNON -m- 74,"' —=Raw ••- :.w:`'aw.�. `.may ilk III , m AV jil N'r %INS= VU: iAJA fZ . 'W.777: '- I i r • OW*- F i immmalmaWk i r • -A I qlb- is o -A I qlb- is . z�. �.. . . ) « w . . `r } a �' c ,� s ��, •e,..� � t P '�� 7 ��`��" kt's,yrvW � � .. � , t ,. �1r .y � h. 'n '�l �� ' � �y�7 - � .. _ Sb ' ..0 �ld°�v.. k� � � f � � � , psi l �} � � .�; � �' s ^ _ R pn� .. � ti ., � �. ... '� .'. � ,7e ' ..G� � {s �t r .r }, �� Y� «,,mss �y, ., ..as � l�3 .� r � � z' t `v: � .. ,��'e � ,� ,. r � :� � cq �. i y ` „e ., Y� 1'� - -� # � � ` �.° � L �•;:' .. 1 ac ,� ..� ' .. _� w ,. r • ACTUAL. MAINTENANCE COSTS Actual Quote New gear drive $44,600 $44,600 Remove old gear drive and replace with new gear drive Rebuild old gear drive Total $189239 1$35,800 $709839 1$991400 SUMMARY • Good use of District staff I • Approximate cost savings - $29,000 • Rebuild one more gear drive this year and one or two next summer • Rebuild all eight gear drives In the clarifiers in three to four years ke Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 19, 2002 No.: 9.a. ADMINSTRATIVE Type of Action: ASSIGN CONTRACT Subject: CONSIDER ASSIGNMENT OF CONTRACT FOR LEGAL SERVICES WITH KENTON L. ALM, DISTRICT COUNSEL, TO MEYERS, NAVE, RIBACK, SILVER AND WILSON THROUGH SEPTEMBER 30, 2003; AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE ASSIGNMENT AGREEMENT Submitted By: Randall M. Musgraves Initiating Dept ✓Div.: Administration REVIEWED AND RECOMMENDED FOR BOARD ACTION. R. q usgr ves General ISSUE: The District's Counsel, Kenton Alm, is leaving the firm of Sellar, Hazard, McNeely, Alm & Manning and joining the firm of Meyers, Nave, Riback, Silver and Wilson. A contract assignment requires approval by the Board of Directors. RECOMMENDATION: District staff recommends Board of Director approval for contract assignment to Kenton L. Alm, District Counsel, and the firm of Meyers, Nave, Riback, Silver and Wilson for District legal services; and authorize the General Manager to execute assignment agreement. FINANCIAL IMPACTS: There are no financial impacts at this time. The District currently has a three -year contract with Kenton Alm, District Counsel, with agreed upon terms and conditions as well as a fee schedule. There are no changes being proposed to the contract, merely assignment to another legal firm. The contract is to continue with the new firm until its expiration through September 30, 2003. ALTERNATIVES/CONSIDERATIONS: The Board could elect not to assign the contract and continue to retain the services of Sellar, Hazard, McNeely, Alm & Manning. This course of action is not recommended since the firm of Sellar, Hazard, McNeely, Alm & Manning intends at this time to eliminate providing services to public sector clients for general counsel services. BACKGROUND: The District was recently informed by Mr. Alm, District Counsel, that he was moving to another law firm and his existing firm Sellar, Hazard, McNeely, Alm & Manning no longer intends to provide general counsel services to municipal clients. Kenton Alm has served the District as Counsel for the past 13 years. He has developed a close working relationship with the Board of Directors and staff. In addition, Mr. Alm 9/11/02 S: \ADMIN\ MURPHY\ Agendas \KentonAlmPositionPaper.wpd Page 1 of 2 POSITION PAPER Board Meeting Date: September 19, 2002 Subject: CONSIDER ASSIGNMENT OF CONTRACT FOR LEGAL SERVICES WITH KENTON L. ALM, DISTRICT COUNSEL, TO MEYERS, NAVE, RIBACK, SILVER AND WILSON THROUGH SEPTEMBER 30, 2003; AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE ASSIGNMENT AGREEMENT has acquired a detailed knowledge of the District's business and processes. It would be challenging for the District to replace Mr. Alm's services, judgement, knowledge, and counsel. Mr. Alm's new firm Meyers, Nave, Riback, Silver and Wilson is well known for its work in the public sector, and mainly practices representing municipal government. His new firm would also provide many supporting services to Mr. Alm's public agency clients to aid in their legal representation. The assignment of Kenton Alm's contract for legal services provides the District with a smooth transition. RECOMMENDED BOARD A _TIQN• District staff recommends Board of Directors approval for contract assignment to Kenton L. Alm, District Counsel, and the firm of Meyers, Nave, Riback, Silver and Wilson for District legal services; and authorize the General Manager to execute assignment agreement. 9/11/02 S: \ADMIN\ MURPHY\ Agendas \KentonAImPositionPaper.wpd Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 19, 2002 No.: 10.a. ENGINEERING Type of Action: ACCEPT CONTRACT WORK Subject: ACCEPT THE CONTRACT WORK FOR THE ROSSMOOR SEWER IMPROVEMENTS PROJECT, PHASE 7, DISTRICT PROJECT 5502, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept. /Div.: David Baldi, Sr. Engineering Assistant Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION. / - - - - /J, 1""" , A'�) A (, C D. Baldi T. i i B. Brennan A. Fa I *Crle, General ISSUE: Construction has been completed on the Rossmoor Sewer Improvements Project, Phase 7, District Project 5502, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Rossmoor Sewer Improvements Project, Phase 7, District Project 5502, and authorize the filing of the Notice of Completion. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is advisable under the California Civil Code Section 3093. BACKGROUND: An agreement regarding the District taking over maintenance of private sewer mains within the Rossmoor community was approved by the Board of Directors in 1995. Under terms of this agreement, new manholes, rodding inlets, and necessary repairs were made to the existing private sewers so they could be accepted by the District. The first six phases of construction have been completed each year from 1995 through 2001. There are four remaining phases that should be completed in 2005. The seventh phase of construction consisted of the installation of 60 feet of 6 -inch PVC pipe, 43 manholes, and 5 rodding inlets in various areas of Rossmoor. On May 23, 2002, the Board of Directors authorized the Award of Contract for construction of the project to Ranger Pipelines, Inc. The Notice to Proceed was issued on June 10, 2002. The work was substantially completed on August 30, 2002. The remaining items of work consist of minor punchlist items, which do not affect the project acceptance. 9/9/02 CPD -GL -I: \Construction \Position Papers \2002 \5502 \NtcofCompinPPDB.wpd Page 1 of 3 POSITION PAPER Board Meeting Date: September 19, 2002 Subject: ACCEPT THE CONTRACT WORK FOR THE ROSSMOOR SEWER IMPROVEMENTS PROJECT, PHASE 7, DISTRICT PROJECT 5502, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION The total authorized budget for the project is $405,000. The budget includes the cost of engineering design, District forces, testing services, geotechnical services, contractor services, etc. An accounting of the project costs will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDED BOARD ACTION: Accept the contract work for the Rossmoor Sewer Improvements Project, Phase 7, and authorize the filing of the Notice of Completion. 9/9/02 CPD -GL -I: \Construction \Position Papers \2002 \5502 \NtcofCompinPPDB.wpd Page 2 of 3 � .•� \\ g pY SUISUN CLYDE 4 4 RUNFAZIMM 24 YETTE HILL AVE MORAGA'�\\- Project Area ^ DANVILLE • 'Z•�. C�kTRA_COS CO. AU CE CTA N �•�•` �ryy� 0 1 2 •� MILES of 4? .` CLAYTON SAN RAMON MOUNT DIABLO x Central Contra Costa Attachment Sanitary District ROSSMOOR SEWER IMPROVEMENTS PROJECT 1 MUM PHASE 7 J n Page 3 of 3 Central Contra Costa Sanitary District /J" i ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: September 19, 2002 No.: ll.a. TREATMENT PLANT Type of Action: AUTHORIZE AGREEMENT Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LANDFILL GAS AGREEMENT WITH BULLDOG GAS AND POWER, LLC Submitted By: Douglas J. Craig, Plant Operations Division Manager Initiating Dept. /Div.: Operations / Plant Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION. t� D. Craig J. Kelly rmus4ave 0 A fNrT K. Alm Charles W General M ISSUE: Board of Directors' approval is requested for this Landfill Gas Sales Agreement. RECOMMENDATION: Authorize the General Manager to execute a Landfill Gas Sales Agreement with Bulldog Gas and Power, LLC to supply landfill gas for a period of three years, commencing on November 1, 2002. FINANCIAL IMPACTS: Under the terms of this new contract, the landfill gas discount will provide significant energy cost savings when compared to the use of natural gas. The District has pre - purchased natural gas through December 31, 2003, at a price of $3.94 per MMBTU. At this natural gas price, the calculated cost of landfill gas (based on the terms of the new agreement) will be $2.56 per MMBTU. At an estimated usage of 175,000 MMBTU's per year, the District will save approximately $241,000 (35 percent discount) in the first year of the contract. The cost savings in the two subsequent years of the contract will depend on the cost of natural gas and the quantity used by the District. Based on the current projected price (futures market price) for natural gas, the energy cost savings in the second and third year of the contract would exceed the first year. ALTERNATIVES /CONSIDERATIONS: Alternatives to signing this agreement would be to discontinue use of landfill gas and purchase additional natural gas or continue negotiations. BACKGROUND: Landfill gas has been used in the treatment plant since 1983. Although landfill gas has a lower BTU value and is not as clean as natural gas, it does provide substantial cost savings to the District and is a sound environmental use of a green house gas. 9/12/02 S:\ Correspondence \POSPAPR \2002 \Landfill Gas.pp.wpd Page 1 of 3 POSITION PAPER Board Meeting Date: September 19, 2002 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LANDFILL GAS AGREEMENT WITH BULLDOG GAS AND POWER, LLC The District uses 30,000 to 35,000 MMBTUs of natural gas per month (approximately 400,000 MMBTUs per year), primarily for producing electrical power in the Cogeneration System. In addition, the District uses approximately 15,000 MMBTUs of landfill gas per month (approximately 175,000 MMBTUs per year) in the sludge incinerators and auxiliary steam boilers. Staff has been negotiating a Landfill Sales Agreement with Nicholas J. Farros, President of Bulldog Gas and Power, LLC. An agreement has been reached with the following provisions. 1. The term is proposed to commence November 1, 2002, and extend for three years, ending on October 31, 2005. 2. The landfill gas discount will be calculated, based on the District's cost of natural gas. The discount will be as follows: • When the burner tip price of natural gas is $2.00 per MMBTU or less, the landfill gas discount is 30 percent. • When the burner tip price of natural gas is between $2.01 per MMBTU and $4.00 per MMBTU, the landfill gas discount is 40 percent. • When the burner tip price of natural gas is above $4.00 per MMBTU, the landfill gas discount is 50 percent. For instance, if the natural gas price is $6.00 per MMBTU, there would be a 30 percent discount on the first $2.00, a 40 percent discount on the next $2.00, and a 50 percent discount on the next $2.00 (an aggregate discount of 40 percent). 3. There will be no floor nor ceiling price for landfill gas and no minimum quantity purchased. The above provisions are the same as those presented to the Board of Directors at the Board meeting on September 5, 2002 (CCCSD Proposal No. 2). As a part of the agreement, Bulldog Gas and Power, LLC has requested a non- binding, good faith effort by the District to maximize the cost - effective use of landfill gas at the treatment plant. Further use of landfill gas could benefit both parties by potentially decreasing the District's natural gas costs, while providing 9/12/02 S:\ Correspondence \POSPAPR \2002 \Landfill Gas.pp.wpd Page 2 of 3 POSITION PAPER Board Meeting Date: September 19, 2002 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LANDFILL GAS AGREEMENT WITH BULLDOG GAS AND POWER, LLC more revenue for Bulldog Gas and Power, LLC. Their gas delivery costs are relatively fixed. RECOMMENDED BOARD ACTION: Authorize the General Manager to enter into the Landfill Gas Sales Agreement with Bulldog Gas and Power LLC, to supply landfill gas for a period of three years, commencing on November 1, 2002. 9/12/02 S:\ Correspondence \POSPAPR \2002 \Landfill Gas.pp.wpd Page 3 of 3