Loading...
HomeMy WebLinkAboutMINUTES - 05232000 - C16-C19 TO: .` BOARD OF SUPERVISORS Ji FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR t•+ DATE: MAY 23, 2000 SUBJECT: AUTHORIZE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICE CONTRACT BETWEEN THE CANYON LADES GHAL7 AND SANDS CONSTRUCTION TO EXTEND CONTRACT EXPIRATION DATE TO JUNE 30, 2001 AND INCREASE THE CONTRACT PAYMENT LIMIT TO $30,000.00, DANVILLE AREA. (WO 5148) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE William R. Gray and Company,as General Manager of the Canyon Lakes Geologic Hazard Abatement District (GRAD) to execute an amendment to the professional service contract with Sands Construction,Lafayette,California, extending the expiration date of the contract to June 30, 2001 and increasing the contract payment limit by $5,000.00 to a total of $30,000.00 to provide Construction and Maintenance Superintendent services to the District. Continued on Attachment:X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MAY 23 r 2000 APPROVED AS RECOMMENDED X OTHER I hereby certify that this is a true and correct copy of an action taken and VOTE OF SUPERVISORS entered on the minutes of the Board of Supervisors on the date shown. X UNANIMOUS(ABSENT III ) AYES: NOES: ATTESTED:_ MAY 23, 2000 ABSENT: ABSTAIN: PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator SE:df G:\GrpDatal.SpDist\Board 0rdcrs\200015 May\B.O.5-23-OO.doc OAS.Dir: Public Works(Special Districts) Contact: Skip Epperly(313-2253) By ,Deputy cc: County Administrator Assessor Auditor-Controller Community Development County Counsel SUBJECT: AUTHORIZE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICE CONTRACT BETWEEN THE CANYON LAKES GHAD AND SANDS CONSTRUCTION TO EXTEND CONTRACT EXPIRATION DATE TO JUNE 30, 2001 AND INCREASE THE CONTRACT PAYMENT LIMIT TO $30,000.00, DANVILLE AREA. (WO 5148) DATE: MAY 23, 2000 PAGE 2 II. Financial Impact: There will not be any impact on the County General Fund. The Canyon Lakes GHAD is funded through special assessments on properties within the boundaries of the Canyon Lakes GRAD. The proposed contract amendment is consistent with the proposed FY 00/01 program budget. III. Reasons for Recommendation and Background: Mike Sands,President of Sands Construction,has been serving as the Construction and Maintenance Superintendent for the Canyon Lakes GHAD for approximately seven years. Mr. Sands has extensive experience in responding to and assisting the GHAD with the repair of landslides and landslide related work in Canyon Lakes and the surrounding area. William R. Gray and Company negotiated and approved a professional services contract between the Canyon Lakes GRAD and Sands Construction for Fiscal Year 1999-00 and his performance was acceptable. William R.Gray and Company again recommends approval of Sands Construction's annual contract with the Canyon Lakes GHAD. IV. Consequences of Negative Action: Without Board approval,reimbursements for costs incurred to coordinate repair of the landslides will not occur. A negative action will jeopardize the safety of those citizens whose residences are in the path of these landslides. AIYENDMENT TO CONTRACT This Contract:amendment is effective May 23, 2000,between the Canyon Lakes Geologic Hazard Abatement District(Public Agency), an agency formed under Section. 26500 of the Public Resource Code and Sands Construction(Contractor), a company doing business at P.O. Box 1125,Lafayette, CA 94549. WHEREAS,Public Agency and Contractor previously entered into a contract dated July 1, 1999,which Contract was authorized by the General Manager; THEREFORE,Public Agency and Contractor mutually agree to am.eiid said contract to extend the contract expiration date From June 30,2000 to June 30, 2001, and amend Section 1(e)to increase the contract payment limit by$5,000.00 from$25,000.00 to a total contract payment limit to 530,000.00. In all other respects,the contract dated July 1, 1999 shall remain in full force and effect. In WTINESS WHEREOF,Public Agency and Contractor have executed this Contract as of date written on the first paragraph of this Contract. PUBLIC AGENCY By: William R. Cray and Company General Manager CONTRACTOR Ey: (Signature) Michael D. Sands,President F.\DATA\GHA.D files\Canyon Lakes\Contracts\AMENDMENT to Sands contract 00-01,doc (Page I of 1) `1C`O: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACK.HAWK CHAD FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR t DATE: MAY 23, 2000 SUBJECT: APPROVE AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE BLACKHAWK CHAD AND DOVER CONSTRUCTION, INCREASING THE CONTRACT PAYMENT LIMIT FROM $129,000.00 TO $149,000.00, DANVILLE AREA. (WO 514'7) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the General Manager of the Blackhawk GHAD to execute an amendment to the Consulting Services Agreement between the Blackhawk GHAD and Dover Construction for additional work on horizontal drains under the Blackhawk GHAD's preventative maintenance program. II FinancialImgact: There will not be any impact on the County General Fund. The Blackhawk GHAD is funded through revenues generated by County Service Area M-23. The proposed contract amendment is consistent with the adopted FY 99/00-program budget. r _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ®APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MAY 23, 2000 APPROVED AS RECOMMENDED-X—OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: SE:df G:\GhrData\SpDistV3oard OrdcM200015 May113.0.5-23-00.doc Orig.Div: Public Works(Special Districts) 1 hereby Certify that this is a true and correct Contact: Skip Epperiy(313-2253) copy of an action taken and entered on the cc: County Administrator County Counsel minutes of the Board of Supervisors on the Elackbawk GRAD c/o William R.Gray and Co. date Shown. ATTESTED: MAY 23_; 2000 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By _..Deputy SUBJECT: APPROVE AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THEA` 7cz BLACKHAWK CHAD AND DOVER CONSTRUCTION, INCREASING THE CONTRACT PAYMENT LIMIT FROM $129,000.00 TO $149,000.00. DATE: MAY 23, 2000 PAGE: -2- III. Reasons for Recommendation and Background: During the development and subsequent to the original grading of the Blackhawk Country Club, approximately 292 horizontal drains were installed throughout the Blackhawk area to provide sub-surface dewatering of slopes. Each year the CHAD evaluates the drains and identifies priorities for repair. A significant number of drains need to be repaired prior to the Year 2000 rainy season. Because of the specific nature of several of the District's maintenance programs and the unique qualities and experience necessary to carry out many of these programs, the General Manager recommends that Dover Construction be used for this work. Therefore, it is the recommendation of the General Manager that the Board of Directors award this additional work to Dover Construction and approve a contract amendment in the amount of$20,000.00 in order for this work to take place. IV. Consequences of Negative Action: Without Board approval,necessary repairs to the horizontal drains will not occur. I AMENDMZNT TO CONTRACT This Contract amendment is effective May 23, 2000, between the Blackhawk Geologic Hazard Abatement District(Public Agency), an agency formed under Section 26500 of the Public Resource Code and Dover Construction(Contractor),a compmiy doing business at 1174 Killarney Street,Livermore, CA 94550. WHEREAS,Public Agency and Contractor previously entered into a contract dated Judy 1, 1999,which Contract was authorized by the General Manager; THEREFORE,Public Agency and Contractor mutually agree to amend said contract to increase the contract payment limits from$129,000.00 to $149,000.00. In all other respects,the contract dated July 1, 1999 shall remain in full force and effect. In Wl'fNESS WHEREOF,Public Agency and Contractor have executed this Contract as of date written on the first paragraph of this Contract. PUBLIC AGENCY By: William R. Gray and Company General Manager CONTRACTOR By. (Signature) Printed name and title of signatory FADATAV-1AD rilestBlackhawk\Contracts\ACENLyMENI`to Rover contract 99-00.doc (1Pasc i of 1) I C', TO BARD OF SUPERVISORS f(} : MAURICE M. SHILT, PUBLIC WORKS DIRECTOR FROM, f DATE: MAY 23, 2000 SUBJECT: APPROVE COOPERATIVE AGREEMENT FOR THE DEVELOPMENT AND USE OF A SWIMMING POOL AT THE MONTE VISTA HIGH SCHOOL WITH THE TOWN OF DANVILLE, SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT,POOL 2000(A CITIZENS COMMITTEE)AND CONTRA COSTA COUNTY ON BEHALF OF COUNTY SERVICE AREA R-7A, DANVILLE AREA. (7758 4784 6X5387) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: AUTHORIZE the Chair to execute the Agreement for the Cooperative Development of a swimming pool at Monte Vista High School among the Town of Danville, San Ramon Unified School District,Contra Costa County in behalf of County Service Area R-7A and Pool 2000 (A Citizens Committee), and AUTHORIZE the reimbursement of the District of up to$250,000 paid IN$50,000 increments over the next five years from County Service Area R-7A funds. Continued on Attachment:X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMI'T'TEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON MAY 23, 2000 APPROVED AS RECOMMENDED X—OTHER I hereby certify that this is a true and correct copy of an action taken and VOTE OF SUPERVISORS entered on the minutes of the Board of Supervisors on the date shown. X UNANIMOUS(ABSENT III } MAY 23 2000 AYES: NOES: ATTESTED: g ABSENT: ABSTAIN: PHIL BATCHELOR,Clerk of the Board of Supervisors and County \\PW 1PWS4\SHAEDA]'A1CirpDataGSpDist\Board Ordets\2000\5 May\B.O.5-23-OO.doc Administrator Orig.Div: Public Worts(Special Districts) Coetact: Skip Epperly(313-2253) cc: County Administrator ,r �' Assessor By ,Deputy Auditor-Controller Community Development County Counsel SUBJE—T 'APPROVE COOPERATIVE AGREEMENT FOR THE DEVELOPMENT AND USE OF A SWIMMING POOL AT THE MONTE VISTA HIGH SCHOOL WITH THE TOWN OF DANVILLE, SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT,POOL 2000(A CITIZENS COMMITTEE)AND CONTRA COSTA COUNTY ON BEHALF OF COUNTY SERVICE AREA R-7A, DANVILLE AREA. (7758 4784 6X5387) DATE: MAY 23, 2000 PAGE 2 II. Financial Impact: County Service Area R-7A funds in the amount of$250,000 will be allocated in$50,000 over the next five years. There will be no impact to the County General Funds. III. Reasons for Recommendations and Background: The Monte Vista High School serves the Danville and Alamo communities. On December 2, 1998, at their regular monthly County Service Area R-7A meeting, the Committee approved the allocation of$250,000 to be paid over five years for a swimming pool to be built at the Monte Vista High School. The purpose of the pool is for curriculum purposes for the District and recreation and enjoyment of the communities of Danville and Alamo. Original estimates for the cost of the pool are about$1.2 million dollars. Funding for the pool comes from several sources as follows: Town of Danville $375,000 County Service Area R-7A $250,000 Monte Vista Athletic Boosters $100,000 Pool 2000 Community Committee S47-5000 $1,200,000 The Town,District and R-7A have participated cooperatively in the design development of the pool. The District will manage the bidding and construction phases of the project. The school will have primary use of pool during regular school hours and during scheduled events. The community will have use of the pool after regular school hours and for special events. Cost of operation of the pool will be shared on an equal prorata use basis. IV. Consequences of Negative Action: This pool development project will not be able to proceed. AGREEMENT FOR THE COOPERATIVE DEVELOPMENT AND USE OF A SWIMMING POOL AT MONTE VISTA HIGH SCHOOL AMONG THE TOWN OF DANVILLE,CONTRA COSTA COUNTY ON BEHALF OF COUNTY SERVICE AREA R7-A,POOL 2004(A COMMUNITY CITIZENS COMMITTEE),AND THE SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT THIS AGREEMENT is entered into as of May2 3, 2000, by and among the Town of Danville(hereinafter"Town"), Contra Costa County on behalf of County Service Area R-7A(hereinafter"R-7A"),Pool 2000(a Community Citizens Committee),and the San Ramon Valley Unified School District(hereinafter"District'). 1. Purposed This Agreement. The purpose of this Agreement is to define the roles and responsibilities of the parties to this Agreement with respect to the development,financing,use and operation and maintenance of the new swimming pool facility(herein after"pool")to be located at the Monte Vista High School site in the Town of Danville. The pool is intended to serve both the school community and the Danville/Alamo community-at- large. 2. Term of This Agreement. The initial term of this Agreement shall be twenty five(25)years and shall be renewable for an additional term of twenty five(25)years. After five(5)years,or when any party has made all required financial contributions consistent with Section 5,any party may terminate participation in this Agreement with ninety(90)days prior written notice. 3. Advisory Committee. An advisory committee shall be established and meet at least biannually to provide recommendations on the community use,operation and maintenance of the pool. The Board of Supervisors of Contra Costa County shall appoint two representatives for R-7A. The Town shall appoint two representatives for the Town of Danville. The San Ramon Valley Unified School District shall appoint two representatives for the District. DESIGN AND CONSTRUCTION: 4. Scope of Development. The proposed pool shall be developed in accordance with the design standards of the District and applicable State and local statutes,ordinances,and regulations. The pool shall be designed and constructed at Monte Vista High School in substantial conformance with the conceptual drawing attached hereto as Exhibit A and incorporated herein by this reference. Town,R-7A,and District shall participate cooperatively in design development to ensure that the pool meets the needs of the Town,residents of R-7A, and the District. The District shall provide contract administration for the design,and construction for the pool. 5. Cost of Design and Construction. The cost of designing and constructing the pool shall be borne by District and reimbursed by the other parties to this Agreement as outlined below. 1 Pool 2000 is a Community Citizens Committee which has as its sole purpose the raising of corporate and private funding to provide a pool at Monte Vista High School. Pool 2000 has neither current nor continuing liability since the sole purpose of the Community Citizens Committee is to raise funding for the construction of the pool. Toward the total estimated cost of$1.2M,the Town hereby commits to a contribution of$375,000,to be paid District in five equal annual payments within 30 days of receipt of invoice from District;R-7A hereby commits to a total contribution of$250,000,derived from County Service Area R-7A funds,to be paid District in five equal annual payments within 30 days of receipt of invoice from District;and Pool 2000 hereby commits to a total contribution of$575,000($100,000 of which will consist of five annual payments of$20,000 from the Monte Vista Athletic Booster Club), $475,000 of which will be deposited into a special fund established in the name of District,restricted for the sole purpose of the design and construction of the pool. Contributions toward this project are agreed to be as follows: Total Town R-7A MV Athletic Boosters Poo12000 $1,200,000 $375,000 $250,000 $100,000 $475,000 2000 $75,000 $50,000 $20,000 $300,000 2001 $75,000 $50,000 $20,000 $ 43,750 2002 $75,000 $50,000 $20,000 $ 43,750 2003 $75,000 $50,000 $20,000 $ 43,750 2004 $75,000 $50,000 $20,000 $ 43,750 A prerequisite to District's commitment to undertake the five year financing and award a bid for this project shall be this signed commitment agreement and receipt of the first year's payments by the Town, R-7A, Pool 2000,and Monte Vista Athletic Boosters. The District will-fund the costs of issuance and interest costs for the financing. The total cost of the project may not exceed$1.2M without the prior consent of District In the event that the actual total cost of design and construction is more than the estimated total budget of$1.2M,all parties will meet and determine if additional funding is available so that the project may proceed. If the parties cannot agree on provision of additional funding necessary to complete the project,this Agreement shall be terminated. In the event the total cost of the project is less than$1.2iV1,the Town,R-7A,Pool 2000 and Monte Vista Athletic Booster Club shall receive a pro-rata amount equal to the ratio that reflects each party's contribution to the whole. Any pro-rata share for Pool 2000 shall be distributed to the Monte Vista Athletic Boosters Club. 2 6. Environmental lmyact Review. The District has fulfilled all CEQA requirements and related environmental mitigation that is necessary on the development site prior to execution of this Agreement 7. Office of Public School Construction. The District shall fulfill all District,Local,and State requirements related to the design and construction of a swimming pool and related facilities on school property to be operated for public school purposes. Such requirements shall include,but not be limited to,the State Architect review and approval of plans,design,and construction. USE&MAINTENANCE: 8. Indemnity. TOWN agrees to indemnify and hold harmless R7-A and the DISTRICT,their officers and employees,from the TOWN'S share of all liability, losses,costs,or expenses,including attorney's fees and costs,arising out of the negligent acts,errors,or omissions of TOWN, its officers,or employees,arising out of or connected with this Agreement. R7-A agrees to indemnify and hold harmless the Town and DISTRICT,their officers and employees,from R7- A's share of all liability,losses,costs,or expenses,including attorney's fees and costs,arising out of the negligent acts,errors,or omissions of R7-A,its officers,employees,arising out of or connected with this Agreement. The DISTRICT agrees to indemnify and hold harmless R7-A and the TOWN,their officers and employees, from the DISTR.ICT's share of all liability,losses,costs,or expenses,including attorney's fees and costs, arising out of the negligent acts,errors,or omissions of DISTRICT,its officers, or employees,arising out of or connected with this Agreement. This section shall survive any termination of this Agreement 9. Insurance. District will maintain property and liability insurance coverage for the pool and related facilities and will name Town and R7-A as additional insureds. Town and R7-A,as a requirement to use the pool,will provide District with proof,in the form of a written Certificate of Insurance,of at least$1,000,000 per claim in liability and all-risk coverage and will name District and the other agency partners as additional insured for activities sponsored by the Town and/or R7-A at the pool. Any of the parties may meet their insurance obligations through self-insurance,provided that such self-insurance meets the standard set forth above. 10. Use of Swimming Pool at Monte Vista High. Upon the filing of the Notice of Completion on the construction of the pool at Monte Vista pligh School,the District shall schedule and use the pool on school days. The Town/R.-7A shall schedule and use the pool on evenings,weekends,and during the summer. It is the intent of this Agreement to give high priority to school sponsored aquatic events,though the amount of that use should 3 �y f� Iv r2' be reasonable, scheduled in advance,and not significantly compromise the community's use of the pool on an ongoing basis. The Advisory Committee will meet to recommend solutions to any conflicts between Town, R7A,and District. All parties agree that the pool shall be available to all persons regardless of age,sex,race, religion,color,or national origin. 11. Utility Costs. The District shall provide for utilities during hours of school use of the pool and shall install a sub-meter so that the cost of utilities related to the operation of the pool can be ascertained. The Town/R-7A shall be billed for actual community use on evenings,weekends,and summer at a rate which represents the incremental amount above the base cost of utilities necessary to operate the pool for school purposes. The Town/R-7A may bill other user groups proportionate to their use. The District shall provide a pay phone adjacent to the swimming pool upon its completion. 12 Maintenance. The District will provide all maintenance for the pool,including repair of swimming pool itself, related facilities,and adjacent areas in accordance with all applicable health and safety standards. The District will maintain all facilities in a manner which retains their original quality and character and enhances the long- term life of these capital assets. 13. Custodial Care. The District shall provide daily custodial care during the regular school year. The Town/ R-7A shall provide custodial care after only their use,and may bill back other user groups proportionate to their use of the pool on evenings,weekends,and during the summer. The District will provide litter control at the end of each school day. The Town/R-7A will provide litter control after use of the pool on evenings,weekends,and during the summer. 14. Remedy for Failure to Perform Should any party fail to provide services or to perform scheduled work set forth in this Agreement,notice of such failure to perform and/or the specific work items to be performed shall be provided to the responsible party. If work or services are not commenced within 30 days of deposit of mail of notice or if the requirement to perform is not disputed by the responsible party within 30 days,the non- responsive party may perform or cause to be performed the scheduled service. The responsible party may be billed for such service and shall agree to pay such bill within 30 days of the billing date. 15. Mediation. The parties agree to mediate any disputes arising out of or in connection with this Agreement and will initiate legal action only after mediation is unsuccessful. 15. Notices. Any and all notices or other communications regarding this Agreement shall be delivered to the other parties,in writing,by personal delivery or by first class mail addressed as follows: 4 Town Manager Town of Danville 51©La Gonda Way Danville, CA 94522 District Superintendent San Ramon'Valley Unified School District 699 Old Orchard Drive Danville,CA 94526 Contra Costa County Service Area R-7A 255 Glacier Drive Martinez,CA 94553 17. Amendments. This Agreement can be amended or modified only in writing,signed by all the parties,hereto. 18. Sale Agreement. This Agreement contains the sole and only Agreement between the parties regarding the subject matter contained herein. Any prior agreements regarding the subject matter contained herein or promises,or representations not set forth in this Agreement shall have no force or effect. 19, No Third Party Beneficiaries. It is not the intention of the Town,R-7A,or the District that any person or entity occupy the position of third party beneficiary of the obligations assumed by parties to this Agreement. SIGNATURES FOLLOW ON THE NEXT PAGE 5 SIGNATURE BLOCK COUNTY DISTRICT COUNTY OF CONTRA COSTA, a SAN RAMON VALLEY UNIFIED political subdivision of the State of SCHOOL DISTRICT, a political California subdivision of the State of California By $ Director of Gene ervices RECOMMENDED FOR APPROVAL: B C By 4 TOWN OF DANVILLE 'Dikector CapitkVacilities and Debt Mana erne t By Deputy General rvices Director tL By Pffffi-c Works Department By `\ By � � MONTE VISTA ATHLETIC Lease Manager BOOSTER CLUB OWL'(: APPROVED AS TO FORM BY VICTOR J. WESTMAN, County Counsel By Deputy EXHIBIT A: PREMISES. By L�-r� Chairperson,Bo/2&d Yf Supervisors 6 jyf "~,9 • �jtt Imo'♦ a O �. rr own mom 70 ova - � � �ffllfi111111111f1ff4� �` � � � IIIIIIIIIl�llllffffl _ � IIIIlll1111lllllll ✓ i�Ir clfY , r Y 4 �2G. BOARD OF SUPERVISORS `'' I l FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR " DATE: MAY 23, 2000 SUBJECT: AUTHORIZE THE CHAIR TO EXECUTE A LICENSE AGREEMENT BETWEEN THE COUNTY AND THE SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT FOR REIMBURSEMENT OF PHASE I CONSTRUCTION EXPENSES FOR THE RANCHO ROMERO SCHOOL PARK, ALAMO AREA(7758 6X5031) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: AUTHORIZE the Chair to execute a License Agreement between the County and the San Ramon Valley Unified School District for a one-time reimbursement of Phase I construction expenses in the amount of $305,718.58 and AUTHORIZE up to $5,000 per year reimbursement for extraordinary maintenance expenses as recommended by the County Service Area R-7A Advisory Committee. Continued on Attachment:X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR ®RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON MAY 23� 2000 APPROVED AS RECOMMENDED OTHER_ I hereby certify that this is a true and correct copy of an action taken and VOTE OF SUPERVISORS entered on the minutes of the Board of Supervisors on the date shown. X UNANIMOUS(ABSENT TTS) MAY 2 AYES: NOES: ATTESTED: ,, 2000 ABSENT: ABSTAIN: PHIL BATCHELOR,Clerk of the Board of Supervisors and County G:\GrpData\SpDist\Board Oixiers\200015 May1E.D.5-23-00.doc Administrator Orifi.Div: Public works(special Districts) Contact: Skip Epperly(313-2253) '„✓'' cc: County Administrator Assessor By W " Deputy Auditor-Controller Community Development County Counsel SVBJECT: AUTHORIZE THE CHAIR TO EXECUTE A LICENSE AGREEMENT BETWEEN THE . COUNTY AND THE SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT FOR REIMBURSEMENT OF PHASE I CONSTRUCTION EXPENSES FOR THE RANCHO ROMERO SCHOOL PARK, ALAMO AREA(7758 6X5031) DATE: MAY 23, 2000 PAGE 2 II. Financial pact: None. (County Service Area R-7A funds). III. Reasons for Recommendations and Background: The Alamo Recreation and Parks Committee(CSA R-7A)has worked with the San Ramon Valley Unified School District (District)to develop more recreation and park opportunities for the Alamo community. In 1997, David Gates and Associates was retained by the District to begin design for upgrading the existing ballfield and related facilities at the Rancho Romero School. Both the School Board and CSA R-7A have approved the joint development of the ballfield at the Rancho Romero School. The License Agreement will provide for reimbursement of District costs of the improvements and subsequent use of the 2.5-acre site. This agreement will be between CSA R-7A and the District. On June 29, 1998, the CSA R-7A Advisory Committee approved a one-time payment of$305,718.58 for this project to cover construction, staff review, design and contingencies. The Committee also approved up to $5,000 annually be allocated to reimburse the District for extraordinary maintenance expenses. The renovation includes new irrigation,turf,pathways, landscaping installation, baseball backstop,batting cage and dugouts. IV. Consequences of Negative Action: The District will not be reimbursed for their Phase I development expenses. 3 LICENSE TABLE OF CONTENTS SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT TO CONTRA COSTA COUNTY FOR RANCHO ROMERO SCHOOL PARK. 180 HEMME AVENUE ALAMO, CALIFORNIA Title Page 1. PURPOSE AND BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. LICENSE OF PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4. CONSIDERATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5. MAINTENANCE AND REPAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7. USE OF PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8. ALTERATIONS,FIXTURES,AND SIGNS . . . . . . . . . . . . . . . . . . . . . . . . 3 9. DESTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10. DEFAULTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 11. SURRENDER OF PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 12. STANDARD AND SPECIAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . 4 A. SUCCESSORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. COUNTY/DISTRICT EMPLOYEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 D. CANCELLATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 E. HOLD HARMLESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 F. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 G. AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 H. WRITTEN AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 I. TIME IS OF THE ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 J. NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 K. HOLDING OVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 L. NO THIRD-PARTY BENEFICIARIES . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13. SIGNATURE BLOCK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 EXHIBITS EXHIBIT A: PREMISES. LICENSE Rancho Romero School Park 180 Hemme Avenue Alamo, California Effective on hY C t-j 1 ( q , the SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California, hereinafter called "DISTRICT," and the COUNTY OF CONTRA COSTA,a political subdivision of the State of California, on behalf of County Service Area R-7A, hereinafter called "COUNTY," mutually agree and promise as follows: 1. PURPOSE AND BACKGROUND: The purpose of this LICENSE is to provide for recreational use of the Rancho Romero School Park by the COUNTY. 2. LICENSE OF PREMISES: DISTRICT, for the consideration set forth below,hereby licenses to COUNTY those certain premises("Premises")described as follows: A portion of the Rancho Romero School, herein known as the Rancho Romero School Park at 180 Hernme Avenue,Alamo,more particularly described in Exhibit A attached hereto and made a part hereof. 3. TERM: The term of this License shall be twenty-five(25)years,commencing March 1, 1998, and ending February 28, 2023. 4. CONSIDERATION: In consideration for this License,the right ofthe general public to use the Premises, and the substantial improvements made to the Premises by DISTRICT, in addition to the other obligations contained herein, COUNTY shall pay to DISTRICT a one time payment of$305,718.58,which shall be derived solely from County Service Area R-7A funds, within 30 days of execution of this License by COUNTY. 5. MAINTENANCE AND REPAIRS: A. DISTRICT shall maintain the Premises, including but not limited to, the landscaping, sprinkler system, and any utility systems, in good order, condition, and repair. COUNTY may, at its sole discretion, reimburse DISTRICT for actual -1- S expenses not to exceed$5,000.00 annually for maintenance above and beyond the level normally provided by DISTRICT ("Reimbursed Maintenance"). The expense limit of $5,000.00 shall be adjusted annually based on the U. S. Department of Labor,Bureau of Labor Statistics Consumers Price Index,All Items Index, San Francisco — Oakland — San Jose Area, All Urban Consumers, or the most closely applicable index if said index is no longer published. Prior to performing any maintenance that might be Reimbursed Maintenance,DISTRICT shall obtain both COUNTY Public Works Department's and the County Service Area R-7A's written approval on the scope, term, and cost of that Reimbursed Maintenance. After acceptance of the Reimbursed Maintenance, COUNTY shall pay to DISTRICT within 30 days of being requested to do so by DISTRICT, the approved cost of the Reimbursed Maintenance. B. DISTRICT shall provide janitorial services to the Premises as needed. C. Notwithstanding subsection 5.A above,COUNTY shall be responsible for repair of damage caused by its officials, employees, agents, or invitees. D. DISTRICT shall be responsible for the correction of any code violations that may exist now or in the future on the Premises, except that COUNTY shall be responsible for the correction of any code violations on the Premises resulting from work performed on the Premises by COUNTY or its officials, employees, or agents. 6. UTILITIES: DISTRICT shall pay for all gas, electric, water, sewer, and refuse collection services provided to the Premises. 7. USE OF PREMISES: The Premises shall be used during the License term by COUNTY for only park and recreational purposes. DISTRICT shall have exclusive use ofthe Premises while the Rancho Romero School is in session and for school related activities on weekends and holidays, and the general public may use the premises on a non-exclusive basis at all other times. DISTRICT shall be responsible for scheduling specific days and times for the use of -2- I the Premises and, to the extent provided by law, for setting, subject to COUNTY approval, which shall not be unreasonably withheld, and collecting fees therefor, if any. DISTRICT shall retain all fees for the use of the Premises. All facilities used under this License shall be available to all persons regardless of age, sex, race, religion, color, national origin, or ethnic background. 8. ALTERATIONS,FIXTURES,AND SIGNS: Upon written consent of DISTRICT, which consent shall not be unreasonably withheld, COUNTY may make any minor alterations and attach fixtures and signs in, to, or upon the Premises, which shall remain COUNTY property and may be removed therefrom by COUNTY at any time prior to the termination of this License. All signs shall conform to existing code requirements.Any such alterations, fixtures, or signs shall be at COUNTY'S sole cost and expense. 9. DESTRUCTION: Total destruction of the Premises shall terminate this License. 10. DEFAULTS: In the event of either party's (Responsible Party) failure to provide services or work set forth in this License, the other party(Nonresponsible Party) shall give the Responsible Party written notice of such services or work to be done, including a reasonable time to complete the work or services. If the Responsible Party has not made a substantial effort to provide said services or work within the time specified in the notice,the Nonresponsible Party may provide said services or work at the expense of the Responsible Party. The Responsible Party shall reimburse the Nonresponsible Party for said expense within thirty (30) days of being requested to do so. It is understood and agreed by both parties that this License may be terminated for a default that remains unresolved following the notice process set forth above. 11. SURRENDER OF PREMISES: On the last day of the said term, or sooner termination of this License, COUNTY shall peaceably and quietly leave and surrender to DISTRICT these Premises (except for signs and fixtures as set forth above). 12. STANDARD AND SPECIAL PROVISIONS: A. SUCCESSORS : The terms and provisions of this License shall extend to and be -3- i binding upon and inure to the benefit of the successors of the respective parties hereto. D. SEVERABILITY: In the event that any provision of this License is held to be invalid by any court ofcompetent 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 License. C. COUNTY/DISTRICT EMPLOYEES: Nothing in this License shall be construed as an attempt to displace COUNTY"or DISTRICT employees. It is the intent of COUNTY and DISTRICT to utilize a combination of existing in-house maintenance personnel and contract services to perform all work necessary to maintain service levels at the Premises covered by this License. D. CANCELLATION: Either party shall have the right to cancel this License by giving the other party one hundred eighty(180) days prior written notice. E. HOLD HARMLESS: COUNTY shall defend, indemnify, and hold harmless DISTRICT from COUNTY'S share of any and all claims,costs and liability for any damage,injury or death of or to any person or the property of any person,including attorney's fees, arising out of negligent or intentional acts,errors,or omissions of COUNTY, its officers or employees. DISTRICT shall defend, indemnify, and hold harmless COUNTY from DISTRICT'S share of any and all claims, costs, and liability for any damages, injury, or death of any person or the property of any person, including attorney's fees, arising out of the negligent or intentional acts, errors, or omissions of DISTRICT, its officers or employees. F. INSURANCE: DISTRICT will maintain property and liability insurance coverage for the school park and will name COUNTY as additional insured. COUNTY will provide DISTRICT with proof, in form of a written Certificate of Insurance, of at least $1,000,000 per claim in property, liability and all-risk coverage and will name -4- 1 DISTRICT as additional insured. Either of the parties may meet its insurance obligations through self-insurance provided that such self-insuranc meets the standard set forth above. G. AMENDMENTS: This License may be amended by the written consent of both parties at any time. H. WRITTEN AGREEMENT: Neither party has relied on any promise or repre- sentation not contained in this License. All previous conversations,negotiations, and understandings are of no further force or effect. The headings of the paragraphs are for convenience only and are not a part of this License, nor shall they be considered in construing the intent of this License. L TIME IS OF THE ESSENCE of each and all of the terms and provisions of this License. J. NOTICES: All notices given under this License 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: San Ramon Valley Unified School District Attention: Superintendent 699 Old Orchard Drive Danville, CA 94526 To COUNTY: Contra Costa County Public Works Department Attention: P.W. Accounting 255 Glacier Drive Martinez, CA 94553 K. HOLDING OVER: Any holding over after the term of this License as set forth above shall be construed to be an License from month to month,subject to the terms of this License so far as applicable. L. NO THIRD-PARTY BENEFICIARIES: It is not the intention of either COUNTY or DISTRICT that any person or entity occupy the position of intended third-party beneficiaries of the obligations assumed by either party to -5- i this License. -6- 1 Alf 13, SIGNATURE BLOCK COUNTY DISTRICT COUNTY OF CONTRA COSTA, a SAN RAMON VALLEY UNIFIED political subdivision of the State of SCHOOL DISTRICT, a political California subdivision of the State of California By y Director of Ge al Services RECOMMENDED FOR.APPROVAL: B By Direct r Capital acilities and Debt Manage ent By Deputy General dervices Director By (6YUIAJ� ublic Works Department BY Qjj� 20�� Lease Manager APPROVED AS TO FORM: VICTOR T.WESTMAN,County Counsel By 1)92" Deputy '.. EXHIBITS EXHIBIT A: PREMISES. Rancho Perk Lease 200.doc B 4Chairperso4n,Br of Supervisors -7- EDIT A 'i E, . 1 ---------- C ___-_ 1 I / jS4 1 yMX( HEMME AVENUE I a �.a.. .