HomeMy WebLinkAboutMINUTES - 11042003 - C96 TO: BOARD OF SUPERVISORS CONTRA
FROM: CARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA
DATE: November 4, 2003 COUNTY
SUBJECT: GROUND LEASE FOR THE PREMISES AT 929 2ND STREET,
BRENTWOOD FOR THE ONE STOP EMPLOYMENT CENTER
(WLP 513)(CP 0349)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE a fifteen year Ground Lease, commencing upon the completion of County
Improvements with the Liberty Union High School District for a portion of the premises at the
District Alternative Education Center, 929 2nd Street, Brentwood, for occupancy by the
Workforce Investment Board (WIB) One Stop Employment Center, under the terms and
conditions more particularly set forth in the Ground Lease.
2. AUTHORIZE the Director of General Services, or designee, to execute the Ground Lease on
behalf of the County.
3. DETERMINE that the project is a Class 14, Section 15314 Categorical Exemption under the
California Environmental Quality Act (CEQA).
4. DIRECT the Director of Community Development, or designee, to file a Notice of Exemption with
the County Clerk, and DIRECT the Director of General Services, or designee, to arrange for the
payment of the handling fees to the Community Development Department and County Clerk for
filing of the Notice of Exemption.
FINANCIAL IMPACT
The rent for the Ground Lease during the fifteen year term is $1.00 annually. The Liberty Union High
School District shall complete, on behalf of the County, improvements that include placement of an
approximate 4,000 square foot modular building and completion of site improvements at an estimated
limit not to exceed $720,000. County shall reimburse District for the costs of such improvements.
The improvements are financed through the 2003 Series A Lease Revenue Bonds. The annual debt
service for the bonds are budgeted within the Employment and Human Services Department/WIB
budget.
CONTINUED ON ATTACHMENT: z S SIGNATURE:
.. -
or
L.COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_,,,,PROVE OTHER
SIGNATURE(S):
ACTION OF BOA 0 e APPROVED AS RECOMMENDED 10111
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN
Lease Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISORS ON THE DATE SHOWN.
Auditor-Controller(via UM) X=::2
Risk Management(via UM) ATTESTED
EHS(via UM) JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS
Liberty Union High School District(via UM) AND COUNTY ADMINISTRATOR
BY DEPUTY
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Lease for the Premises at 929 2nd Street, November 4, 2003
Brentwood for the One Stop Employment
-
Center
BACKGROUND
In April, 2003, the County received notification from the City of Brentwood that the WIB One Stop
Employment Center was required to vacate the City owned premises at 120 Oak St. no later than July
15, 2003. On July 15, 2003, your Board approved a one year lease, commencing no earlier than July
1, 2003 with the Liberty Union High School District for the One Stop Employment Center to occupy
Rooms #19, 20 and 21 at the Liberty Union High School District Adult Education Center, 929 2nd St.
Brentwood, on an interim basis, pending the completion of placement of a modular building and
completion of site improvements for the permanent location of the One Stop Center on the Adult
Education Center grounds.
In accordance with the provisions of the Ground Lease, Liberty Union High School District will
complete the improvements for the permanent One Stop Employment Center on the Adult Education
Center grounds. The District shall be responsible for a separate CEQA determination for the
improvements project. The County shall reimburse the District the cost for completion of these
improvements. Upon completion, the County shall own the improvements and lease the ground from
the District for a term of fifteen years at a rent of $1.00 per year. Upon the end of the fifteen year
Ground Lease, ownership of the improvements shall be transferred to the District at no cost to the
District.
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GROUND LEASE
between
LIBERTY UNION HIGH SCHOOL DISTRICT
and
CONTRA COSTA COUNTY
for
ONE STOP EMPLOYMENT CENTER
9292 nd ST,
BRENTWOOD, CALIFORNIA
TABLE OF CONTENTS
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES.........................................................................................................1
A.2. LEASE OF PREMISES .................................................................................1
A.3. PURPOSE........ .............................................................................................1
A.4. USE OF PREMISES. ......................................................................................2
A.5. TERM..............................................................................................................2
A.6. RENT...............................................................................................................2
A.7. UTILITIES/JANITORIAL..............................................................................2
A.8. MAINTENANCE AND REPAIRS.................................................................2
A.9. NOTICES ........................................................................................................4
A.10. ATTACHMENTS ...........................................................................................3
A.11. WRITTEN AGREEMENT .............................................................................4
A.12. TIME IS OF THE ESSENCE .........................................................................5
A.13. SIGNATURE BLOCK....................................................................................5
SECTION B: STANDARD PROVISIONS
Be 1. HOLDING OVER...........................................................................................6
B.2. HOLD HARMLESS........................................................................................6
.3. ALTERATIONS, FIXTURES, AND SIGNS.................................................6
B.4. DESTRUCTION..............................................................................................6
B.5. QUIET ENJOYMENT.............................................................a.*see a a**as 97
B.6. DEFAULT.......................................................................................................7
B.7. SURRENDER OF PREMISES.......................................................................8
B.8. EMINENT DOMAIN......................................................................................8
B.9. SUCCESSORS AND ASSIGNS.....................................................................9
B.10. SEVERABILITY ............................................................................................9
B.11. WASTE; NUISANCE.....................................................................................9
Be 12. INSPECTION..................................................................................................9
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE .................................................................11
C.2. SERVICE BY DISTRICT.............................................................................11
C-3. INSURANCE................................................................................................1 1
C.4. ACCOMPLISHMENT OF IMPROVEMENTS ...........................................12
C.5. COMPLETION AND OCCUPANCY..........................................................14
C.6. HAZARDOUS MATERIALS ......................................................................16
EXHIBITS
A-PREMISES
B-JANITORIAL SPECIFICATIONS
C-COUNTY IMPROVEMENTS BUDGET&SCHEDULE
D-BUILDING SPECIFICATIONS
GROUND LEASE
between
LIBERTY UNION HIGH SCHOOL DISTRICT
AND
CONTRA COSTA COUNTY
FOR
ONE STOP EMPLOYMENT CENTER
929 2nd STREET
BRENTWOOD, CA
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES: Effective on fiM& - the LIBERTY UNION HIGH
SCHOOL DISTRICT, a school district duly organized and existing under the laws of the
State of California, hereinafter called "DISTRICT" and the COUNTY OF CONTRA
COSTA, apolitical subdivision of the State of California, hereinafter called "COUNTY,"
mutually agree and promise as follows:
A.2. LEASE OF PREMISES: DISTRICT, for and in consideration of the rents, hereby
leases to COUNTY,and COUNTY leases from DISTRICT those certain premises described
as follows: a portion of DISTRICT owned parcel of land located at the DISTRICT Adult
Education Center ("Center"), 929-2 d St. Brentwood, CA consisting of approximately
14,550 square feet located in Brentwood, California, ("Premises"). Said Premises is shown
outlined in black on Exhibit "A'", attached hereto and made a part hereof. COUNTY shall
have non-exclusive rights to park in the Center parking lot also indicated on Exhibit "A".
A.3. PURPOSE: The purpose of this Agreement is to provide for the COUNTY operation
of a One Stop Employment Center in a single story modular building ("Building") to be
placed by DISTRICT, along with site improvements ("Site Improvements") on DISTRICT
owned property in accordance with Paragraph CA ACCOMPLISHMENT OF COUNTY
IMPROVEMENTS and Exhibit "C" County Improvements Budget & Schedule" attached
hereto and made a part hereof this Lease. Upon completion of Building and Site
Improvements ("County Improvements") by the DISTRICT and acceptance by COUNTY,
COUNTY shall retain ownership of the County Improvements during the term of this Lease.
Upon Lease termination, ownership of the County Improvements automatically shall be
transferred to the DISTRICT at no additional cost to DISTRICT.
AA. USE OF PREMISES: The Premises shall be used during the term of this Lease
solely for the purpose of conducting an employment service center that may be operated by
the COUNTY or through a contractor or subtenant of the COUNTY.
A.5. TERM: The term of this Lease shall be fifteen(15)years, commencing the first of
the month following acceptance of County Improvements in accordance with Paragraph C.5.
and ending on the last day of the one hundred and eightieth (180) month, unless earlier
terminated upon mutual agreement of both parties in accordance with this Lease. When the
commencement and ending dates are determined, they shall be inserted'as the dates of the
term hereof:
Commencing on and ending on
Failure to insert said dates shall not affect the rights of the parties to this Ground Lease.
A.6. RENT: During the term of this Lease, COUNTY shall pay to DISTRICT as rent
for the use of the Premises an annual rental of ONE AND NO/100 DOLLARS ($1.00)
payable in advance in one lump sum of FIFTEEN AND NO/100 DOLLARS($15.00)for the
entire fifteen year term or$1.00 before the first date of each annual year during the term of
this Lease.
Payments shall be mailed to: Liberty Union High School District
20 Oak St.
Brentwood, CA
or to any other location designated by the District.
A.7. UTILITIES/JANITORIAL: In accordance with Paragraph C.4. submeters shall be
installed at COUNTY'S expense for the gas,electricity and water lines serving the Premises.
COUNTY shall be responsible for all costs of such gas,electric,sewer and water service,and
for refuse collection. DISTRICT shall provide janitorial services to the Premises in
accordance with the specifications contained in Exhibit"B"-Janitorial Specifications,which
is attached hereto and incorporated herein. COUNTY shall pay to DISTRICT as additional
rental the cost of the janitorial services.
A.8. MAINTENANCE AND REPAIRS:
A. COUNTY shall be responsible for all maintenance and repairs to the Building,
g
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including the roof and exterior,maintenance of the structural integrity of the Building,
the exterior doors and their fixtures,, closers and hinges, glass and glazing, security,
locks and key systems used in the Building.
B. COUNTY shall keep and maintain the interior of the Building in good order,
condition, and repair including the electrical, lighting, water, plumbing, heating,
ventilating, and air-conditioning systems.
C. DISTRICT shall provide for maintenance of the parking lots for both the Premises
and Center.However COUNTY shall be responsible for repairs of parking lot for the
Premises. DISTRICT shall be responsible for maintenance and repair of the Center
parking lot, landscaping, sprinkler system, and exterior lighting system.
D. COUNTY shall provide and install at its sole cost and expense, at the direction of
the Fire Marshal,the necessary number of A-B-C fire extinguishers for the Premises.
COUNTY shall thereafter maintain, repair, and replace said extinguishers.
E. DISTRICT shall be responsible for delivery of the Premises in compliance with
all applicable building and state codes. DISTRICT shall not be liable for correction
of code violations that arise out of and are directly related to a change in
COUNTY'S occupancy or use of the Premises.
A.9. NOTICES: All notices given hereunder shall be in writing and shall be deemed to have
been given if personally delivered or deposited in the United States mail postage prepaid,
certified or registered,return receipt requested,and addressed to the other party as follows or
as otherwise designated by written notice hereunder from time to time:
To District: Liberty Union High School District
20 Oak St.
Brentwood, CA
To County: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553
A.10. ATTACHMENTS: Section B. Standard Provisions,, Section C., Special Provisions,
and Exhibits "A" -Premises, "B"-Janitorial Specifications, "C"-County Improvements
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Budget & Schedule and "D"-Building Specifications, are attached to this Lease and are
made a part hereof.
A.11. WRITTEN AGREEMENT: Neither party has relied on any promise or repre-
sentation not contained in this Lease. All previous conversations,negotiations, and under-
standings are of no further force or effect. This Lease may be modified only by a writing
signed by both parties. The headings of the pages and paragraphs are for convenience only
and are not apart of this Lease,nor shall they be considered in construing the intent of this
Lease.
(Remainder of Page Intentionally Left Blank)
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A.12, TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
A.13. SIGNATURES*.
COUNTY DISTRICT
COUNTY OF CONTRA COSTA, a LIBERTY UNION HIGH SCHOOL
political subdivision of the State of DISTRICT, a School District of the
California State of California
B " By-'�
D --.-A
0 0!)—Nto
ilrec r of baener(4al4erviiices Daniel M. Smith
Superintendent
RECOMMENDED FOR APPROVAL:
By _4 -
I
Director, Capital Facilities and Debt
Manag t
Boo y
Director, Employment& Human
Services
By /VA
Lease Manager
APPROVED AS TO FORM:
SILVANO B. MARCHESI,
County Counsel
1.00
2 i-
By: Deputy
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GROUND LEASE
between
LIBERTY UNION HIGH SCHOOL DISTRICT
AND
CONTRA COSTA COUNTY
FOR
ONE STOP EMPLOYMENT CENTER
929 2nd ST.
BRENTWOOD, CA
SECTION B: STANDARD PROVISIONS
B.1. HOLDING OVER: Any holding over after the term of this Lease as provided
hereinabove shall be construed to be a tenancy from month to month, subject to the terms of
this Lease so far as applicable.
B.2. HOLD HARMLESS: COUNTY agrees to indemnify and hold harmless DISTRICT
from any and all claims, costs, and liability for any damage, injury of death of or to any
person or the property of any person, arising out of negligent acts,errors or omissions of the
COUNTY,, its officers, employees or invitees. COUNTY shall not be responsible for the
negligence or willful misconduct of DISTRICT, which results in damage to any person or
property.
DISTRICT agrees to indemnify and hold harmless COUNTY from any and all
claims, costs, and liability for any damages, injury or death of any person or the property of
any person, arising out of negligent acts,errors or omissions of the DISTRICT,its agents or
employees. DISTRICT shall not be liable for the negligence or willful misconduct of
COUNTY, which results in damage to any person or property.
B,3. ALTERATIONS, FIXTURES, AND SIGNS: COUNTY may make any lawful and
proper minor alterations,attach fixtures,equipment and signs in or upon the Premises,which
shall remain COUNTY property and shall be removed there from by COUNTY, at
DISTRICT request, prior to the termination of this Lease. Any such alterations, signs, or
fixtures shall be at COUNTY'S sole cost and expense, and all signs shall meet with existing
Center signage requirements.
BA. DESTRUCTION:
A. In the event of damage causing a partial destruction of the Building during the
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term of this Lease from any cause, and repairs can be made within sixty (60) days
from the date of the damage under the applicable laws and regulations of
governmental authorities, COUNTY shall repair the damage promptly and within a
reasonable time.
B. If such repairs cannot be made in sixty(60) days, COUNTY may, at its option,
make the same within a reasonable time. In the event COUNTY does not elect to
make such repairs,which cannot be made in sixty(60)days,or such repairs cannot be
made under such laws and regulations,this Lease may be terminated at the option of
either party. The COUNTY, at its sole cost and expense, shall be responsible for
clearing the Premises of any debris and returning the Premises to a clean and orderly
condition.
C. A total destruction of the Building shall terminate this Lease.The COUNTY shall
be responsible for clearing of any debris and returning of the Premises as provided for
in the preceding sub-paragraph.
B.5. QUIET ENJOYMENT: DISTRICT covenants that COUNTY shall at all times during
the said term peaceably and quietly have, hold, and enjoy the Premises without suit,trouble
or hindrance from or on account of DISTRICT as long as COUNTY fully performs
hereunder.
B.6. DEFAULTS The occurrence of any of the following shall constitute an Event of
Default under this LEASE:
A. Event of Default by COUNTY COUNTY'S failure to comply with any
material term or provision of this Lease shall constitute a default by COUNTY
if such failure continues sixty (60) days after written notice of failure from
DISTRICT to COUNTY specifying in reasonably sufficient detail the nature
of said breach. If the required cure of the noticed default cannot be completed
within sixty(60)days,COUNTY'S failure to perform shall constitute a default
under this Lease unless COUNTY has attempted to cure the failure within
sixty(60) days and diligently and continuously attempts to complete this cure
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as soon as reasonably possible.
On the occurrence of an Event of Default by COUNTY, DISTRICT
shall give COUNTY written notice of such default and proceed to repossess
DISTRICT'S land in accordance with due process of law.
B. Event of Default by DISTRICT DISTRICT'S failure to perform any of its
obligations under this Lease shall constitute a default by DISTRICT if the
failure continues for sixty (60) days after written notice of the failure from
COUNTY to DISTRICT specifying in reasonably sufficient detail the nature
of said breach. If the required cure of the noticed default cannot be completed
within sixty (60) days, DISTRICT'S failure to perform shall constitute a
default under the Lease unless DISTRICT has attempted to cure the failure
within sixty (60) days and diligently and continuously attempts to complete
this cure as soon as reasonably possible.
On the occurrence of an Event of Default by DISTRICT, COUNTY shall
have the right to terminate this Lease or make repairs and invoice the
DISTRICT for the cost of said repairs. Upon receipt, DISTRICT shall
promptly pay said invoice.
B.7. SURRENDER OF PREMISES: On the last day of the said term, or sooner
termination of this Lease, COUNTY will peaceably and quietly leave and surrender to
DISTRICT these Premises with their appurtenances and fixtures,including the Building and
Site Improvements (except signs and fixtures referred to hereinabove) in an "AS IS"
condition, including reasonable use and wear thereof and except for damage by earthquake,
fire, public calamity, by the elements, by Act of God, or by circumstances over which
COUNTY has no control.
B.8, EMINENT DOMAIN: If any part of the Premises shall be taken as a result of the
exercise of the power of eminent domain or be conveyed to any entity having such power
under threat of exercise thereof (both of such actions being hereinafter referred to as
condemnation"), then this Ground Lease shall automatically terminate as to the portion of
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the Premises which is condemned as of the date physical possession of such portion is taken
be condemner. Any damages to the remainder of the Premises sustained by the COUNTY
and/or DISTRICT as a result of said condemnation action shall be decided in court or by
negotiation and agreement with the condemner.
If at the time of said taking,the remaining part of the Premises will not be reasonably
suitable for the use contemplated by this Lease, this Lease may be terminated by either
COUNTY or DISTRICT, at any time by written notice within thirty(30) days after the date
possession of the condemned portion is taken by condemner. If at time of said taking, the
remaining part of the Premises will be reasonably suitable for the use described in this Lease,
then this Ground Lease shall continue in full force and effect as to such remaining part.
The DISTRICT shall be entitled to the condemnation award attributed to the real
property and the COUNTY for the taking of its- fixtures and equipment, County
Improvements, relocation expenses, and any other award not related to the value of or
damage to the real property. Nothing herein contained shall prevent DISTRICT or
COUNTY from prosecuting claims in any condemnation proceedings for the value of their
prospective interests.
B.9, SUCCESSORS AND ASSIGNS: The terms and provisions of this Lease shall
extend to and be binding upon and inure to the benefit of the heirs, successors, and
assigns of the respective parties hereto.
B.10. SEVERABILITY: In the event that any provision herein is held to be invalid by any
court of competent jurisdiction, the invalidity of any such provision shall not materially
prejudice either COUNTY or DISTRICT in its respective rights and obligations contained in
the valid provisions of this Lease.
B.11. WASTE; NUISANCE: COUNTY shall not commit, or suffer to be committed, any
waste upon the Premises, or any nuisance or other act or thing that may disturb the quiet
enjoyment of the occupants of Center on which the Premises are located.
B-12. INSPECTION: DISTRICT reserves the right to enter the Building by prior
appointment only between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
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holidays excepted, or at any time in the event of an emergency and to employ the proper
representative or contractor in order to see that the Building is being reasonable cared for,
that no waste is being made,and that all things are done in the manner best calculated for the
preservation of the property, and in full compliance with the terms and conditions of this
Lease.
(Remainder of Page Intentionally Left Blank)
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GROUND LEASE
between
LIBERTY UNION HIGH SCHOOL DISTRICT
AND
CONTRA COSTA COUNTY
FOR
ONE STOP EMPLOYMENT CENTER
929 2nd STREET
BRENTWOOD, CA
SECTION C: SPECIAL PROVISIONS
C.I.ASSIGNMENT OR SUBLEASE: COUNTY shall have the right to assign this Lease
or sublease the Premises at any time during the term of this Lease to a non-profit provider of
employment service programs who is a contractor of the COUNTY.
C.2., SERVICE BY DISTRICT: It is understood and agreed DISTRICT may provide
certain landscaping, maintenance, construction, remodeling or like services, beyond those
which are the responsibilities of the DISTRICT,as specified in Paragraph A.8.Maintenance
and Repairs, as requested by COUNTY from time to time during the term of this Lease.
COUNTY shall pay to DISTRICT as additional rental one hundred percent (100%) of the
costs of the service.
DISTRICT shall consult with COUNTY and select either licensed,insured contractors
or employees of DISTRICT to provide the service. DISTRICT shall obtain COUNTY'S
prior approval on the scope,term,and cost of the contracts. COUNTY shall have the right to
change the level of service from time to time by giving DISTRICT thirty (30) days' prior
written notice, including the right to terminate any or all service, or to require different
contractors to provide the service.
C.3. INSURANCE:
A. General Liability Insurance: Throughout the term of this Lease,COUNTY,
at its sole cost and expense, shall maintain in full force and effect, a general self-
insurance program covering bodily injury (including death), personal injury, and
property damage, including loss of use.
COUNTY shall provide DISTRICT a letter of self-insurance indicating the
aforementioned provisions are in effect and naming the DISTRICT as additional
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insured.
B. Liability Insurance by DISTRICT : Throughout the term of this Lease,
DISTRICT, at its sole cost and expense, shall maintain in full force and effect
comprehensive or commercial General Liability insurance or a self-insurance
program covering bodily injury (including death), personal injury, property
damage, and loss of use.
DISTRICT shall provide COUNTY a certificate or letter of insurance
indicating the aforementioned provisions and naming the COUNTY as additional
insured.
C. COUNTY shall provide fire insurance on the County Improvements(Building
and Site Improvements)on the Premises,any other COUNTY betterments,its own
contents and its personal property contained within or on the Premises under a
standard all-risk policy.DISTRICT shall have no interest in the insurance proceeds
upon COUNTY'S Improvements, equipment and fixtures and will sign all
documents necessary or proper in connection with the settlement of any claim or
loss by COUNTY.
CA. ACCOMPLISHMENT OF IMPROVEMENTS
A. COUNTY has hired Alan Judson and Associates to develop the construction
plans and specifications for the County Improvements. The Building shall be
designed to meet all California Education Code, California Code of Regulations,
and DISTRICT requirements and standards for a school facility. The Building
shall be of the same quality and appearance as the modular buildings located at the
DISTRICT'S District Offices. DISTRICT and COUNTY agree that DISTRICT
shall have the County Improvements constructed per the plans and specifications
as prepared by Alan Judson and Associates dated November 14, 2003.
The plans and specifications are incorporated herein by this reference and copies
are on file with the DISTRICT and COUNTY General Services Department, 1220
Morello Ave., Suite 100, Martinez, CA 94553.
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DISTRICT shall submit the COUNTY approved construction plans and
specifications to the Division of the State Architect(DSA) for its approval.
After approval by COUNTY and DSA, DISTRICT shall not make or cause to be
made any changes in said plans or specifications without the prior written consent
of COUNTY and of DSA, if required.
B. DISTRICT and COUNTY agree that the estimated limit to complete the
County Improvements,(Building and Site Improvements),is SEVEN HUNDRED
TWENTY THOUSAND AND NO/100 DOLLARS ($720,000.00) as listed in
Exhibit "C"-County Improvements Budget & Schedule, which is attached hereto
and incorporated herein. The components of the County Improvements Budget as
listed on Exhibit C are as follows: Modular Building-estimated limit of
$450,000.00; Site Improvements- estimated limit of $230,000.00 and Fees &
Inspection-estimated limit of$40,000.00. DISTRICT shall advertise in accordance
with all legal requirements for competitive bids for completion of the Site
Improvements and shall submit such bids to COUNTY for approval.
C. If the estimated limit of $2301000.00 for Site Improvements is exceeded by
any lowest bona fide bid,COUNTY,at its option,shall do one of the following:(a)
approve the DISTRICT award of the bid if additional funds are available, (b)
authorize rebidding or renegotiating of the County Improvements within a
reasonable time,or(c)either the COUNTY or DISTRICT,at COUNTY'S request,
shall modify the construction documents as necessary to comply with the funding
limit. If the DISTRICT is required to make such modifications,it shall prepare, at
COUNTY'S cost,the modified construction documents for rebidding. COUNTY
shall reimburse DISTRICT 100% of costs incurred by DISTRICT for
administration of the rebidding.
D. After award of construction contract for completion of County Improvements
by DISTRICT,DISTRICT shall not make any changes,additions or deletions to the
contract without prior written consent of COUNTY. DISTRICT shall make
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changes, additions or deletions upon written Change Order from COUNTY and
such items shall be charged at a rate not to exceed direct cost. COUNTY shall
receive full credit for any deletions. COUNTY hereby reserves the right to inspect
during construction of improvements as specified herein,but will not interfere with
DISTRICT'S work and will notify DISTRICT in writing, of any requests,
recommendations or discrepancies.
E. DISTRICT shall have construction of the County Improvements commenced
within ninety(90) days of receiving COUNTY'S and DSA'S written approval of
plans and specifications and the County Improvements shall be complete,including
final inspections and issuance of a Certificate of Occupancy,by August 31, 2004.
If actual construction has not commenced within one hundred twenty(120)
days of COUNTY'S and DSA'S approval of plans and specifications, COUNTY
may, upon written notice to DISTRICT, cancel this Lease without cost or
obligation to COUNTY. If the County Improvements are not completed and a
Certificate of Occupancy not issued by August 31,2004,COUNTY may complete
the County Improvements and deduct the cost from the amount to be reimbursed to
DISTRICT.
F. DISTRICT shall prepare the site for placement of the approximate 4,000
square foot modular building as more specifically described in Exhibit "D"
Building Specifications, which is attached hereto and incorporated herein.
G.Upon DISTRICT'S written request,the dates in this paragraph shall be extended
by the time lost as a result of work stoppages, strikes, shortages of material or Act
of God; provided such time lost is entirely beyond DISTRICT'S control.
C.5. COMPLETION AND OCCUPANCY: The following procedure shall apply for
completion and acceptance of the County Improvements:
A. Upon completion of the County Improvements and written notice thereof by
DISTRICT to the County Lease Manager,COUNTY shall inspect within three(3)
workdays after receiving the notice and shall accept or reject the County
GALeaseMgt1CAROL1Brentwoodaroundleasefinal.DOC .1 A.
Improvements within six (6) workdays of receipt of such written notice.
B. The sole basis for rejection of the County Improvements shall be
nonconformity with plans and specifications or applicable laws or ordinances. In
the event COUNTY rejects the County Improvements, COUNTY shall provide
DISTRICT with a reasonably detailed list of the deficient portions or details of the
County Improvements.
C. DISTRICT shall immediately commence to complete or correct the rejected
portion.
D. In accordance with Paragraph CAB. and subparagraphs A, B and C of this
Paragraph C.S., COUNTY shall pay to DISTRICT an amount not to exceed
$720,000.00 for County Improvements as specified in Exhibit "C". After Lease
execution, DISTRICT may submit to COUNTY a properly documented monthly
progress payment (based on a percent (%) complete basis) request on form
approved by COUNTY for expenses incurred by DISTRICT in completing the
County Improvements. DISTRICT shall provide lien releases from all contractors
and suppliers, along with the monthly payment request. Payment shall be due to
DISTRICT within (10) business days of approval of request by COUNTY.
E. Acceptance of the County Improvements shall not constitute a waiver of any
warranty of any defect in regard to workmanship or material of the County
Improvements on the Premises.
F. Both COUNTY and DISTRICT agree that in order to provide a clear site for
accomplishment of the County Improvements, the demolition of an existing
DISTRICT owned metal warehouse facility on the site is required. Upon
completion of County Improvements and acceptance of the Premises by the
COUNTY, COUNTY agrees to reimburse DISTRICT ONE HUNDRED
THOUSAND AND NO/100 DOLLARS ($100,000.00) for replacement of the
storage facility at another location. Such reimbursement is over and above the
COUNTY reimbursement to DISTRICT for completion of County Improvements
G:U.easeMat\CAROL\Brentwood¢roundleasefinal.DOC -1 S_
as provided in sub-paragraph D above.
C.6. HAZARDOUS MATERIALS:
A. As used herein,"Hazardous Materials"is defined to mean any substance,material
or waste, including asbestos and petroleum (including crude oil or any fraction
thereof),which is or becomes designated,classified or regulated as being "toxic",
"hazardous", a "pollutant" or similar designation under any federal, state or local
law, regulation or ordinance.
B. DISTRICT warrants that it has no knowledge of the presence of any Hazardous
Materials on the Premises. In the event that Hazardous Materials are discovered,
DISTRICT, at its sole cost and expense, shall be responsible for removal or
disposal of any such materials. DISTRICT shall indemnify,defend,save,protect
and hold harmless COUNTY and COUNTY'S successors and assigns, officers,
directors and employee's from all liability,damages,penalties,expenses and costs,
for any necessary or required remediation, repair, removal or cleanup of
Hazardous Materials from the Premises.
COUNTY shall indemnify,defend,save,protect and hold harmless,DISTRICT and
DISTRICT'S successors and assigns, officers,directors and employees from all liability,
damages,penalties, expenses and costs,for any necessary or required remediation,repair,
removal or cleanup of Hazardous Materials resulting from COUNTY'S activities on the
Premises or COUNTY'S use,release or disposal of Hazardous Materials on or from the
Premises. The provisions of this paragraph shall survive the termination of this Lease.
G:1LeaseMgt1CAROL\BrentwoodRroundleasefinal.DOC _ �_
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EXHIBIT Bm CONTRA COSTA COUNTY
JANITORIAL CLEANING SPECIFICATIONS
The scope of work is as follows:
A. Exterior
1. Nightly
a) External Area: Empty trash containers and ashtrays into
dumpster.
b) External Lobby Entryway: Sweep from entry door to curb.
c) Drinking Fountains: Sanitize and polish all drinking fountains.
2. Semi-Annual
a) External Lobby Entryway: High pressure wash external lobby
entry way from entry door to curb.
B. Lobby, Public, Common, Office, Classroom, and Staff Room
1. Nightly
a) Carpeted Areas: Thoroughly vacuum and spot clean carpets
and floor mats to remove spots and spills.
b) Uncarpeted Areas: Thoroughly sweep (being sure to pick up all
dust balls) and spot mop with a germicidal solution to remove all
marks, spills and stains.
c) Walls, Doors, and Frames: Spot clean to remove all finger
marks and smudges. Thoroughly clean all glass entry way
doors.
d) Drinking Fountains: Sanitize and polish all drinking fountains.
e) Light Bulb Replacement: Check for burned out light bulbs and
replace (less than 15 feet high). Contractor to notify GSD-
Custodial Services at 925/646-5900 of supply needs.
f) Trash Can and Liners: Empty all trash cans and replace liners
as necessary.
g) Counter Tops: Wash reception and kitchen counter tops, where
applicable.
h) Waste Materials: Break down cardboard and place at Recycle
Pickup Point. Deposit other waste materials in outside trash
dumpster.
i) Gum Removal: Remove all gum from under tables and chairs
where applicable.
2. Semi-Weekly (2x)
a) Uncarpeted Areas: Remove area rugs/mats, sweep and damp
mop to remove all loose dirt and grit. Thereafter buff all vinyl,
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the and linoleum floors to a uniformly bright condition as
required.
3. Weekly
a) Carpeted Areas & Carpet Mats: Thoroughly vacuum and edge
carpeted floors using pile lifter to remove all embedded dirt and
grit.
b) Chairs & Tables: Thoroughly wipe down all chairs and tables
with a mild germicidal solution, leaving the same in a streak-free
condition (pay particular attention to the children's reading areas
in all library locations).
4. Monthly
a) Dusting: Dust all mini-blinds, partitions, window sills, and other
horizontal surfaces. Remove all cobwebs from walls and
ceilings including ventilation grills 15 feet and lower.
b) Wipe all telephones with treated dust cloth.
5. Bi-Monthly (Every 2 months)
a) Area Rugs and Carpets: Thoroughly vacuum, edge, and
"Bonnet Buff all carpeted areas and area rugs.
6. Yearly
a) Uncarpeted Areas: Completely strip down all vinyl, tile, and
linoleum floors to the bare floor surface, totally free of any wax,
sealer or other finish. After stripping, apply 3 coats of finish. At
the next service date, or after 24 hours, buff the floors to a
uniformly bright condition. Walls, baseboards, furniture and
adjoining carpeted areas shall be free of wax, water, and other
marks.
b) Carpeted Area and Area Rugs/Mats: Thoroughly vacuum, hot
water extract all carpeted floors including stairways and area
rugs to remove any spots, stains or other spills, and leave same
in a uniformly clean condition. (Fridays only for Community
Services and "Others"; Saturday for Library to allow for drying.)
c) Windows: Wash windows inside and out and wipe window sills.
d) Window Blinds: Remove, wash and rehang window blinds as
required.
e) Light Fixtures and Diffusers: Wash and clean all light fixtures
and diffusers, 15 feet and lower.
C. Restrooms
1. Nightly
a) Uncarpeted Areas: Sweep clean and remove all debris from
floors. Wet mop using a germicidal detergent paying particular
attention to corners and areas around the toilet and under
urinals.
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b} Metal Fixtures: Wash and polish all mirrors, powder shelves,
bright work (including exposed piping below wash basins and
behind toilet fixtures), towel dispensers, receptacles, metal
partitions, and any other metal accessories. Contractor shall
use only non-abrasive, non-acidic materials to avoid damage to
metal fixtures.
c) Ceramic Fixtures: Wash and disinfect all basins, including
faucet handles, bowls, and urinals and the walls around the
urinals with a germicidal detergent solution. Wash both sides of
all toilet seats with anon-abrasive cloth/sponge and a germicidal
solution and wipe dry. Special care must be taken to inspect
and clean areas of difficult access, such as underside of toilet
bowl rings and urinals to prevent building up of calcium and iron
oxide deposits.
d) Dispensers: Fully restock all dispensers nightly, excluding the
sanitary napkin machine.
e) Trash Cans and Liners: Empty trash cans and sanitary napkin
disposal containers and replace liners.
fl Dusting: Dust the edges of all partitions, ledges, and mirror
tops.
2. Bi-Weekly
a) Restroom Floors: Sweep, damp mop, and thereafter buff all
hard surfaces, except ceramic surfaces, leaving the floor in a
streak free and uniform condition.
3. Monthly
a) Drains: Pour water down floor drains to prevent gaseous odor.
4. Every 4 Months
a) Chemical Enzyme Solution: Pour a chemical enzyme solution
(specified by County) down all floor drains.
D. Stairwells
1. Weekly
a) Uncarpeted Stairs: Sweep all uncarpeted stair treads and
landings with a treated dust mop daily and spot clean as
necessary, to remove all spills and stains.
b) Carpeted Stairs: Vacuum carpeted stairs and spot clean to
remove all spills and stains.
c) Stair Rail: Wipe down all stair rails with a germicidal solution.
Document2
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EXHIBIT C-COUNTY IMPROVEMENTS BUDGET & SCHEDULE
Item Estimated Amount
Modular Building $ 4505000
Site Improvements:
Demolition of Existing Warehouse 105000
Site Preparation 4000
Utilities 705000
Life Safety, Phone, Data 505000
Asphalt Paving 405000
Landscape/Irrigation 155000
Water Meter 5,000
Site Improvements Subtotal 23000
Fees & Inspection
Permits & Fees 125000
DSA Fees 83000
Project Inspector 20,000
Fees & Inspection Subtotal 403000
COUNTY IMPROVEMENTS TOTAL $ 7209000
SCHEDULE
Development of Final Plans & Specifications 11/14/03
Approval by County& DSA 11/21/03
Notice to Intent-Modular Bldg. Manufacturer 12/01/03-1/16/04
Bid Period 12/01/03-12/30/03
District Award Contract 01/15/04
Site Improvement Work 02/15/04-06/30/04
Install Modular Building 04/01/03-06/30/04
Occupancy 07/15/04
GALeaseMgt\CAROL\WIB County Improvements Budget.doc
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EXHIBIT D-BUILDING SPECIFICATIONS