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HomeMy WebLinkAbout1997-12-17 Packet MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - December 3, 1997 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:30 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Chavez, Kelly, Mastin, and Mayor Malone. Councilmember Ashiku arrived at 6:32 p.m. Absent: None. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Fire Marshal Evans, Assistant City Manager Harris, City Manager Horsley, Public Works Supervisor Looney, Attorney Johnson, Fire Operations Chief Sandelin, Planning Director Sawyer, Fire Captain Sprehn, Senior Planner Stump, Senior Civil Engineer Woods, and Deputy City Clerk Giuntoli. Mayor Malone introduced Scott Johnson of City Attorney Rapport's office, who will serve as City Attorney for this meeting. · 2. Pledoe of Allegiaqg* .iii ...... Councilmember Kelly led the Pledge of Allegiance. .~.i!ii?~iiiiii~ Kris Rasmussen, Director of the Main Street Program, ~iroducedii~:~' preser~i:~!i!?iiiiiii!iiiiiii??i:iiiiiii? Paul Shimmin, Treasurer of the Main Street Program, no~!i~trong commitment'"~!~h:e Savings B.a. nk of M.endo. cino County to the downtown core of Ukiah ~:~nced by the Bank's construction of ~s .ne.w n.e. aoqu.arters in th.e heart o.f the downtown. ~':erfi~ha~edi~e Main Street Program is mamtameo Dy just one empmyee ano is in need of fund$:"to keej~i:~i~am viable. _l~n Cunningham, owner of KNTI Radio, asked ~:i~!!fo~ increa~:~rt for the Main Street Kathy Fowler, Promotion Chmr for the Main:street P~rar~:i~:d:!i bdef history of events which take place in downtown Ukiah each year~:~:iii~he outliri~d the inVOlVement of the Main Street Program in downtown promotional efforts. .:~i~ii?iii~iiiiiili!!:' .:::~ii? ............ ............ ....n, ow.e S ;?.op ,he Down,ow Association, noted his supporl.f~!i~'he Maini~reet~[~am. Pat I .-~...~;ii~0wn P~!~r, lent '~i~:-;~Port to the Main Street Program, and noted the ~Sual_~mPr.O.?~: !_o the ~te~ area since the 1980s. He urged the Council to support the Main Street P~ra~ifmanciallY~iiii!iiiiii::iiiiiiiiiiiiiiiiiiiiiiii~ Lee Rossavik,.:!M~!~:~e Tu~::~armer, s Market, asked for the City's support of the Main Street Pro~:. .............. ~:~:~i~iiiiiii:~iiiiiiiii :~ii::i!iiiii::?~: .... Chri~ne and Barry Dill~iiii~town business owners, chose to move to Ukiah because of the att.r...~ive downtown are~!:~ :::::::: ..-.- ... ........ ...... ..... :::;:;: :::::::.:: .::::::::: ...... .... Ryan .nd M.. iia .er, co-owners of the Garden Court, chose to ocete their business in ~ahlibecause of it~!?~ti~ong Main Street Program. ~°~!i~i~iii!~Sented several suggestions to increase collection of fees for funding the Main Councilmember Kelly noted her support for the Main Street Program. Councilmember Mastin questioned various Main Street Program expenses and revenues. He advised caution in providing funds to the Main Street Program when other community groups, including the Library, have been denied funding in the past two years. City Manager Homley noted staff would review the matter and provide recommendations to the Council on how the City might lend additional support to the Main Street Program. Regular Meeting - December 3, 1997 Page 1 3b. Introduction of New EmDIovee- i. Fire Department - Darrell "Charlie" Miller Fire Operations Chief Sandelin introduced a new firefighter, Chadie Miller, and his wife Cindy, Firefighter Miller previously served as a volunteer firefighter with the City. Ii. Parks De_Dartment - Marc Rober? Community Services Director DeKnoblough introduced the new Parks Supervisor, Marc Roberge. 4. A;}=rovallCorrection of Minutg- 4a. Re0ular Meetin_u of November 19. 1997 MIS Ashiku/Mastin to approve the Minutes of November 19, 1997, as submitted, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. ..::!::.. 5. RIGHT TO APPEAL DECISION .~iiiiiiiiiiiiii~ ...... ~i~!~iii? 6 CONSENT CALENDA :.~ ...... ~.~:::::i? '.~ ................. ~:i:~:??~:~::~ .......... · MIS iastin/Kelly to approve the Consent Calendar as ~;~!i!!!!i~ ....... ::~:i:!:i;i i i:~ i:! !:i:!:i:~:i:i:i:!$~:: *':~::::::::::':"" a. Denied the Claim for Damages received from Kristi~!!!i~!!ili;md referred to Joint Powers Authority. Redwood Empire Municipal Insurance FU,~? ...... ~iiiiiiiiiiiiiiiiiiiiiii!iiii!iiiiiiiii~?. b. Rejected the bids for Ocean Cargo containers; .... ~i .... ~iii!!iiiiiiiiii!!i?iiiiiiiiiiiii!i!?i~~ c. Accepted Public Utility Easements and approved~S~ivision ~~:i~or Minor Subdivision d. Authorized the City Manager to execute Q~ii~i~:~i~!related ~!~e Kmart Project; e. _Award_ed M.a,nt. enance Service Contra~iitO Uatt,..s..:ilC~.t.~i~i~re and to Johnson's Quality · ree ~are ~or tree pruning' ::~i::iiiii ..,.~i??:?: "::~iiiiiiiiiiiiiiiiiii!!iiiii?i!iiiiiiiii? f. Authorized the Mayor to execute Am~ment N~i~'l to Co'~:~o. 96-SNR-00110 between the Ci~ o.f Ukiah and the Western ~!Power..:~:ministra~ relative to funding of operation and mmntenance of Central Valleyi~er Fa~ities; g. Adopted Resolution No. 98-181Ciarffying:~ll Hou~:'~:Applicable to New Commercial Haulers Who Utilize the Ukiah Lar~dfii~i~fter Sep~rii.....l. ?~997; and h. Accepte:~!~he work p~ed by Fe~ti!~ction and authorized the City Clerk to file a Noti i!i:i f:,iiCOmp,eti iii 0 ! Cal :: '" easures on Clara Avenue and Ford Street, The motion vote: AYES: Counci members Chavez, Ash ku, Ke,y Mast n, ' ABSTAIN: None. ABSENT: None. came fo,ward tothe Council. ..~iiiiiiiii?ii~ PUBLIC HEA~G ~i!iliiiiiiJntroducti0n ~ Ordinance Amendin_u the City_ Zonin= Ma;} to Rezone 12 Parcels of Lan~ ~iiiiiiil i!i!ii~ AchieVe C°nsis~encv Between the Citv Zonin,', Ma;} and General Plan Land · ~:~:~ ...................... ~ : ~.~ ......... Use senior Planner Stump noted the proposed rezoning project was initiated by staff to bdng the zoning classifications on a number of parcels into conformance with their General Plan land use designations. The proposed project involved the rezoning of twelve (12) parcels of land, separated into three groups to organize the analysis of the rezonings. Group 1 involves nine parcels situated along the west side of Oak Street between Mill Street and Gobbi Street, developed with multi-family and single family residential structures and currently zoned "R-3". Reclassification to "R-2" (Multiple Family Residential) would better suit the current land uses. Group 2 consists of one parcel on Oak Street, currently developed with a large single family residential structure and now zoned as Light Commercial. Rezoning to "R-2" (Multiple Family Residential) better suits the parcel. Group 3 is comprised of two parcels located along the west side of Oak Street between Mords Street and Henry Street, and is currently zoned Light Commercial. The General Plan designates these parcels as Low Density Residential, which would necessitate a rezoning to "R-l" (Single Family Residential). Regular Meeting - December 3, 1997 Pege 2 Mayor Malone opened the Public Headng at 7:23 p.m. He suggested taking public input on the three groups one at a time. There was no public testimony regarding Group 1. Mayor Malone asked for public comments on Group 2. Terry Sizemore, 989 North Oak Street, questioned commercial access to Oak Street. Senior Planner Stump assured Mr. Sizemore access would not change and rezoning would not change the current uses in that area. Eric I.amen, 123 Clara Avenue, pointed out development possibilities under either zoning. Group 3 was then addressed by the public. ... Frank Bacik, an attorney representing property owners in the area of Grou~!!~ opp~l the rezoning of this Group. He presented the Council copies of a leffer he had wfiffert~i~:/.~Cilmember Mastin, dated November 20, 1997, which addressed his objections.::~i~ rez6~:~i!i:~ii~ii!!iii!iiii~ Brent Walston, 1207 West Clay Street, a former tenant i~!~e area, f~!!~'~'::~!!~adance in the area years ago was a mistake. . ~iiiiiiiiii .... ~i::!ii!ii!i:?~ ....... i~iiiiiii[?:i::::iiii?~ ....... ~i!!i~:?~ ........ Rod Coots, 427 North Oak Street, stressed his conce~ii~!i~affic and parking I~:~:i~s in the neighborhood. Holly arackmann, 736 Grove Avenue, agreed with th~T!i~zoni:~!ii~i~i~iarea. She does not want to have commercial development in this area .......... ~:~:~:~:~ .... Roger Foote, 736 Grove Avenue, would like to::~i~!:!~idential ch'~:~er of the neighborhood preserved. ..~!i!ii? ...... ::iiiiiiiiiiiii~iiiiiiiiiiiiiiiiiiii iiiiill i!i i i ! i ~ ........... ~::~iii!i!::i Ric.hard Mazzanti, 447 North Pine Stree~!!~Oted th~:::have I~'~:i;~:ny parking problems due to the vanance granted in this ama. ::~iiiiiiiiiiiiiiiii:~ii' :....~iiiiii?:: The Public Headng closed at 7:5!~!i~!!~. ..?ii!iii!:' ..... ~ii~i!i!i Staff answer:Council q~~!ii-egardin~i!~i~::"Uses and parking requirements in the area. C°uncil~~:i~l!¥ stat~ai:.~:~ithe council was looking at two separate issues, one of zoning and one dealiqg~ii!~rking. ":~!W~tPd the parking issue resolved as well as the zoning issue. MIS Ashiku/Kelt~!~ ~~: the 0~i~ by title only and to direct staff to undertake discussions with prope~:~e~:~t~i~Slder the ~erger of the two parcels. Disc~S~:-i°n ensued reg~ !~ parking situation, merger of the two parcels, and the process inv~d. Staff asked fo~i~bility in dealing with this issue. ~uncilmember Ashi~withdrew his motion. ~[h[.k,~:~i!~0 int.roduc?, the. Ordinan_ce Amending the Official Zoning Map for the City of ~; ~o~.~i;oy title on~y, as it pertained to Group 1 and 2 (rezoning Group 1 to "R-2" and Group 2 td~ii~;2~ila~:d Group 3 to be remanded to staff to find a zoning classification compatible to the neighborhood. Also, when Group 3 is reconsidered, the parking vadance applying to one of those parcels should be reexamined. The motion carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mastin. NOES: Mayor Malone. ABSTAIN: None. ABSENT: None. Mayor Malone registered a "no" vote to reflect his cone, em the parking vadance is incompatible with the neighborhood. Deputy City Clerk Giuntoli read the Ordinance, as amended, by title. Regular Meeting. December :3, 1997 Page 3 MIS AshikulMastin to introduce the Ordinance Amending the Official Zoning Map for the City of Ukiah, as amended, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mastin. NOES: Mayor Malone. ABSTAIN: None. ABSENT: None. RECESSED: a:15 p.m. RECONVENED: a:23 p.m. 9. UNFINISHED BUSINE~ 9a. Discuss ReDort from Caltrans Re_=ardin= Amended Herbicide Sorayina Proaram an,I A_Doroval of Caltrans and the City's Reduction Pro_aralTl~ - City Manager Horsley noted the Council is being presented two proposals for consideration, one from City staff for a 50% reduction of herbicide use on City owned properties, and one from Caltrans, which would reduce Caltrans roadside spraying from 15 acres to 3 acres by the year 2002, and the landscape planting spraying from 6 acres to 1 by the year 2002. Mayor Malone asked for audience comments. .Ma.rtin .Van Zandt, Representative of Caltrans, in reply to questioning, not~i!i~ltr~"does not spray neroicioes in the Willits area. ..~. ~ii~:iiiiiiiiiiiii?i~ii?~~* Jennifer Puser, Field Representative for Assem~man S..t~~i~;~.. commen~ Assemblywoman Strom-Uartin is very much in favor of e~dng alte~tYVeS'~=~!!~i~ spra~g. She encouraged the Council to follow the County of Uend~no's le~'!~i:~i this ar~'~i~i~hibitin~ the use of herbicides by City staff and Caltrans within the C~iiij~iiii!!!i~ ........ ~=~iiii!iiiiiiiiii!!iiiii?~i!ii ~:~' tJ~hn .Mc=Cc~_.w. en, P. O. Box 454, Uk, ah, spoke in favor of ~~!~icide use by Caltrans within Barry Vogel, 280 North Oak Street, urged the CoU~!C!idisconti~ i~! ~iherbicides by the City Chuck Williams, :3 Betty, spoke in favor o[~:::Calt~!'~~::::~:~iii!??f:: Ed Neves, 21489 Orr Springs Road, ua~:~l the tot~i~::ban of':~le use. :::::::::::::::::::::::::: .:::::::::".~????i??:: Councilmember Kelly distributed:!~!!~:'~ber o~i~andouts~?~'' ......, ... ...,...., Councilme~er Mastin f.e...![ii~?i~ity's poli~i!i~iii~'be contrary to that required of Caltrans. sCc~t~~i~sh~kn~i!!~i~,difficult'"tb":':assess the information presented without having Discussion en~'~i~i~lg the:~:i~i~i~'rbicides and Caltrans' practices and proposals. MI.S. Kel!y~as.tin to di[~ !~i!!o prepare a resolution which would ban the use of herbicides on .Ca_.~ma,n!.a,ned. pro~~?!~the City limits. The motion carried by the following roll call vote: ~,-a: ~.;ounc~memoers ~i:::'Kelly, Mastin, and Mayor Malone. NOES: Councilmember Ashiku. ~!i~uncil discussed~?~iength the use of herbicides within the City limits, both on City maintained ~e~ and by the ~blic. City Manager Horsley warned of the damage which would result to the ~!i~ii~:}f herbicides were not applied regularly. Mi~::'ii~~elly to accept the proposal presented by City staff regarding herbicide use on City ~a~,n_t.a. med prol~...rty, to d,r~., staff t.o pm. pare .studies of alternative means to allow for herbicides use reouc~on on puol~C propertms, to revolve subcommiffees of citizens in arriving at these alternative means, and to incorporate a goal of "zero use" of herbicides within the City limits. The motion failed on the following roll call vote: AYES: Councilmember Ashiku and Mayor Malone. NOES: Councilmembers Chavez, Kelly, and Mastin. ABSTAIN: None. ABSENT: None. Mayor Malone allowed further comments from the audience. John McCowen would like to see a total ban of herbicide use except for the Golf Course. Jennifer Puser noted the State of California provides financial assistance in the form of grants to communities that turn away from pesticide use. Regular MeelJng - December 3, 1997 Page 4 A member of the audience reported, according to Smithsonian magazine, there is an herbicide free golf course somewhere in the United States. M/S Masfin/Malone to end the use of herbicides on City maintained property by December 31, 1998, carded by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: CouncilmemberAshiku. ABSTAIN: None. ABSENT: None. 9b. Disposition of Sumlus Prooerty_ -Assessor's Parcel Nos. 156-160-06 and 156-180-03 See action reported below as item 12c. ii. 10. CITY COUNCIL REPORTR Councilmember Chavez had no report. Councilmember Kelly reported the Economic Development Financing Corporation J~Jnterviewing for a new Executive Director. She provided a handout to the Council regard.lpg SB ~5?$he met with the Community Garden Alliance regarding a possible garden site behind th~!i~raCe!i~dson Museum _c~, rap!ex. The Recreation Center Committee received a Co.unity De~i~'nt Block Grant for ~C_o,,u_n_c_ilm.?ml~r .As.hlku attende.d .the re_cent Emplo~t ~.,o.ege. me reponeo on proposeo pnases for remodeli~;~e Me..:~bcino Councilmember Mastin reported on last week's Mend~!:'i!~l!d Waste Manage'~':'Authori meeting and his pleasure in driving the "Zero Emission V~!:'~iiiiiiiiii!ii::i~ .... ty Mayor Malone reported the North Coast Railroad Auth~ty is';~:!i~her Request for Proposal for pdvatization. The Board of Supervisors has no~.r..epresentative~6i~at!~gency at this time. He attended a Train Station Committee meeting ..... ~iii!iiiiiiiiiiiiiiii:~?~iiiiiii!ii!iiiiiiiiiiiliiiii~ Coun¢,memb.r Mast, n agreed to be a the Industry Comm ,ee. 11. CITY MANAGER/DIRECTOR ~:ORTs.~i!iiii!i?' '~=~:'!iiiiii!iiiiiiiiiiiiiiiii?~ c,t M.nag.r Hor. ley inro ion Senator Thompson's The Coun'~ii~~d in Ci~&~!~sion at 9:45 p.m and reconvened in Open Session at 11'07 12a. G.C. Se~igi~?~:$,9. Co'~i~;~'~ce with Leoal Counsel Reoardino Existino Litioati¢~, i..~.:~?~m°Wood ~ess ~ark v. C~y of Uk~ah, ~endocino Couniy supe~or Court, No/77252 No a~n was taken in ~i!i~'Sion. .:~i!!iiiiiiiiiii' ii. Redwood B~ess Park v. C~ of Ukiah, Mendocino County Supe,or Court, No. 77507 .~iii::ii !:-::i::i::iiiiii. · ...... .... ~01;a~n was taker~:!!i~':Open Session. ~?iliiiiiili~!~i!!i~'~n S495S.9rb~m~AI- Conference with Leoa~ Counee~ Reoardino Antici,ate,~ .... ~ili;iiiiiiiiiiiiii~dation. Sionificant Ex°°Sure to Litiaation - one ~otential case - No action was taken in Open Session. 12c. G.C. Section. 54956,$ - Conference with Real Pro_~ertv Ne~_otiato. i. City Manager Candace Horsley - Possible Lease of Portions of the Ukiah Municipal Airport and Terms of Payment No action was taken in Open Session ii. City Manager Candace Horsley - Disposition of Surplus Properly - Assessor's Parcel Nos. 156-160-06 and 156-180-03 Regular Meeting - December 3, 1997 Page 5 M/S Mastin/Kelly to approve the agreement to sell Assessor's Parcel Nos. 156-160-06 and 156-180- 03 to Martin Kamp in the amount of $13,000, carded by the following mil call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 12d. G.C. Section 54957.6 - Confer with City of Ukiah Labor Ne_ootiator. City Manaoe[ Candace Horsley. Reaardina City of Ukia-h Emolovee Bamainina Urt[I - i. Police - - No action was taken in Open Session. 13. ADJOURNMENT The meeting was adjoumed at 11:08 p.m. Regular Meeting - December 3, 1997 Page 6 ITEM NO. DATE: DECEMBER 17, 1997 AGENDA SUMMARY REPORT SUBJECT: DENIAL OF CLAIM FOR DAMAGES RECEIVED FROM RICHARD McCORMICK, SR. AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Richard McCormick, Sr. was received by the City of Ukiah on November 24, 1997 and alleges damages related to property loss on September 20, 1997, at 600 Talmage Road. Pursuant to City policy, it is recommended the City Council deny the claim as stated and refer it to Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION' Deny Claim for Damages received from Richard McCormick, Sr.; and Refer it to the Joint Powers Authority, REMIF. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Acct. No. (if NOT budgeted): N/A Acct. No.: N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Harris, Assistant City Manager ~ Michael F. Candace Horsley, City Manager 1. Claim of Richard McCormick, Sr., pages 1-2. APPROVED' mfh:asrcc97 1217CLAIM Candace Horsi'e~, Citric,Manager NOTICE OF CLAIM AGAINST THE CITY OF UFJAH, CALIFORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the Government Code of the State of California, by the claimant or by a person acting on his/her behalf. R~* C~Tv .,'~ RETURN TO: City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, California 95482 'NC.'~: 2 a 1997 CITY CLEi~F, Ur2W,-~HI-NiENq I · · Number/street and Post Office Box City State Home Phone Number Zip Code Work Phone Number · NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE .SENT (if different than above)- / 4. DATE OF THE ACCIDENT OR OCCURRENCE: ~~ ~sc~~? o~ ~ ~cc~o~ o~ occ~~c~ .(~ac. ..... auul=%ona& pages ii ~ore space is needed): ~,./~ ~ ~ ~,.~G~e~ ~~+~ F~n u~ re' ~n, .' , .-. 7. ~~, I~.~O~, OF ~Y PUBLIC ~PLOYEE~ / · · NAMES AND ADDRESSES OF WITNESSES (optional): NAME ADDRESS A. B. TELEPHONE NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE A. B. , f /'.'. : ..' 10. 11. 12. ~.~?~, DESCRIPTI, ON OF THE LOSS, INJ,URY, OR DAMAGE SUFFERED: / 0 - I THE BASIS OFCOMP~ING THE TOTA~ ~O~T C~IMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: $ Loss of earnings: $ Special damages for: ~e~eral aa~age, Estimated prospective damages as far as known: Future expenses for medical and hospital car~: Future loss of earnings: $ Other prospective special damages: $ Prospective. general damages: $ The claim shall be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. SIGNATUR]E OF CLAIMANT(S) ITEM NO. 5b DATE December 17, 1997 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF NOVEMBER 1997 Payments made during the month of November 1997, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 101322-101430, 101432-101533, 101663-101782, 77462-77463 Payroll check numbers: 101189-101321, 101534-101662 Direct Deposit numbers: 1922-2053 Void check numbers: 101431 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of November 1997. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kim Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements APPROVED.~ candace HorsleY~Ci~y Manager AGENDA.WPD/krs CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF NOVEMBER 1997 Demand Payments approved: Check No. 101322-101430, 101432-101533, 101663-101782, 77462-77463 FUNDS: 100 General Fund 8118,965.19 660 140 Park Development 83,805.49 661 141 Museum Grants 663 142 National Science Foundation 8425.00 665 150 Civic Center Fund 670 200 Asset Seizure Fund 81,400.00 675 201 Asset Seizure (Drug/Alcohol) 678 220 Parking Dist. Rev. Fund 8475.54 679 260 Downtown Business Improv. 693 270 Signalization Fund 695 301 2107 Gas Tax Fund 818,566.34 696 312 Airport Master Plan Grant 697 332 Federal Emergency Grant 89,139.96 698 341 S.T.P. 810,027.45 800 335 Comm. Dev. Comm. Fund 805 410 Conference Center Fund 88,717.15 820 550 Lake Mendocino Bond 8711,522.50 900 555 Lake Mendocino Bond Reserve (863,243.65) 910 575 Garage (842,941.55) 920 600 Airport 814,189.83 940 610 Sewer Service Fund (83,319.42) 950 611 Sewer Construction Fund 960 612 City/District Sewer 821,1 04.89 962 615 City/Dist Sewer Replace 8179,393.86 965 618 Flood Damages 966 Sanit. Disp. Site Sanitary Disposal Replace Countywide JPA Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Clubhouse Renovations Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Street Lights Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 101189 - 101321 DIRECT DEPOSIT NUMBERS 1922 - 1987 PAYROLL PERIOD 10/19/97 - 11/1/97 PAYROLL CHECK NUMBERS 101534 - 101662 DIRECT DEPOSIT NUMBERS 1988 - 2053 PAYROLL PERIOD I 1/2/97 - 11/15/97 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR DEDUCTION CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS - 101431 (printing sample) 88,255.52 843,680.00 8587.74 8137,641.76 82,997.97 82,621.38 864,489.46 81,078.04 84,612.00 8523,610.68 812,240.29 836,358.26 810,400.87 8139,723.42 8546.96 83,243.04 86,000.00 867,756.64 8299,108.11 82,353,180.72 858,683.57 8202,694.97 8140,898.95 82,755,458.21 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance O~ ~o Ho U · o > I oo O00~-~OU~OC~IOIOO~OO~bO~4D[~O00000 ~ O~O0~I{~O~l~:)~O[~[~[~C~O~O~OC~O~:~bO~d:) 0 i 00000000 00000000 00000000 00000000 00000000 0 0 0 00000000 0 0 0 0000 0 0 O0 O0 0000 0 0 O0 O0 0000 0 0 O0 O0 O O OO OO O O O O OO OO O O 0 0 U ~OOOO~ OO~~ i ~ ~000~0 000 ~ o o o o o o o o o o o o 0 m 0 ~ 0 o ooo~ o o oo oo oooo o o oo oo oooo o o oo oo OOOO O ~ OO ~ ~~ ~ O ~ OO ~~ ~ o ~ oo oooo o ~ ~o ~ oooo o ~ oo ~ ~~ 0 ~ O0 HHHH H HH ~ ~~ H ~ NH ~ ~B ~ H ~ HH ~0 ~ 0 mmO UU ~ ¢ ~ ~ o o o o · 0 OOOOo O ~ OOo ~ ~ ~ OOOOo O O OOo ~O~ ~ ~ ::::) ,,0 00 U% ~ i U ~0 ~UUU H Hk~HHH~ HH~ ~ ~ ~ 00 UHH X~ O~ 0 H o o o oo oo oo oo oo ~~o~ ooooooooo ooooooooo ooooooooo UUUUUUUUU ooooooooo ooooooooo o o o 0 0 u :~ o o 0 ~ ~ U ~0 ~0 o o o oo ~o · coo ~o ooooo~ooo ooooooooo ooooooooo ~oooooooo oo~~oo~ ~oo~o~ o~o~oo~o o~o~o ~o~o~ooo ~o~~oo~ o o o o o Oo U~ u~ 0 Om ~ HH ~ ~ 0 U U U o~ Ht.,Q U ~ ~UUUUUUUH ooooooo HHHHHHH~ rD H 0 ~~ 0 0000 0 0000 0 0000 ~00 00~ 0 0000 0 0000 ~~0~ 00000000 00000000 00000000 00000000 00000000 ~~0~~ 0000000000000 0000000000000 0000000000000 UUUUUUUUUUUUU 0000000000000 HHHHHHHHHHHHH U UUUUUUUU UUUU o00000000oooo 000ooooooo00o 0 0 U 0 0000 0 0000 0 0000 OOOO OO~ 0 ~~ HHHH ~~o UUUUO mm 0 o O · o 0~000000 00000000 00000000 ~00~0~ 0~0~ OOOOOO~O OOOOO~ ~HHHHHH ~ UUUUUUO OO~OO~OO~ ~O~OO~O~ 000~00~000000 0000000000000 0000000000000 OO~OOOO~OO~ ~OOO~~O~O ~~OOOO~OO~O ~OOO~~O~O~ ~OO~~O~~ OOOOOOOOOOO~ OOOOOOOOOOO~ o ~ ~ H~HH~ ~ ~ 0 Ot~ UU H ~0 O~ U~ Hi-] I:~H 0 H> D ~ %~ ~H H 00000000000000 ~0000000000000 ~o~~~ 0000000oo000 00o000oo0000 0o000ooo0000 0 0 0 O0 oo OO oo O0 O0 000000000000 HHHHHHHHHHHH ~ ~ H II UUUUUUUUUUUU ~ ~ ~ ~ oooooooooooo o o o oo oooooooooooo o o o oo oo oo oo oo oo oo oo oo oo oo oo oo o~o o~o o~ oo oo u~u~ oo oo oo oo o o o o 0 000000000000 0 0 0 O0 000000~00000 0 0 0 O0 000000~00000 0 0 0 O0 0000000~0000 ~ ~ ~ ~~~0~~ 0 0 0 O0 o~oooooooo ~ o o mmmmmOH~mmmmo ~ ~ ~ ~o O~H ~ ~ 0 o 0 0 · · oo oo · oo OO oo UU oo oo ~o~ U ~o Oo O~ o 0t~ H  ~ ~ ~ UH oooooooooo ~000000000 ~ H o~ o 2::) ~ MOL~ [,~H ~o o H 0o0 ~l 000 000 000 0oo oo0 O~ OO oo ~0~ 000 000 o~ 000 ooo 000 000000000000000 000000000000000 000000000000000 000000000000000 0 0 oo0 o00 0o0 mmmO ~0 UUU~ o~-I oo Oo ooo o0o 00o o ~ 0 00~ oo~ 0~ o 0 o oooooooooo00ooo oooooooooooooo0 00o0o0ooo00oooo 000000~000000 ~~000~~ ~o~ooo~~ ~~oo~oooooo ooooo0~o0o000 000000~~~ HHHHHH~ HHHHHH O O UU ~~~00~0~0~ Oo U% o ~o 0t~ ~OOO 000 ~000 H~ ~0 i 000 000 ~l~ 000 000 0000 0000 UUUU 0000 0000 000 000 000 000 000 co 0 0 0 0 0 0 0000 0000 O0 O0 0000 0000 0 o~ 0 0 0 000 000 UUU 000 000 o 0 U U ~0~ mO 0000 00~ 0000 0000 oo ~ o o ~0~ oo~o~ 0 o 0 · o o o · 0 U o ~ o o ~3 u3 · ~; 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00000000000~0~~00~0000~ 000000000~0~~000~~ HHHHH HHHHHHHHHHHHH ~ HHHHHHHHHHHHHHHHHHHHHHH~H0 HHHHHHHHHHHHHHHHHHHHHHH~H~ o0o o00 0o0 ~o~ 0oo~ o~o~ ~0~ oo oo H , 0~ H · ~0 O~ ~0 o0o 0o00oo00o oooo0ooo0 oo0ooo0o0 ooooo0oo0 ~0~o~o~ ~o~oo~0~o ~oo~o~o~ ooooo00o0 oooooooo~ HUHUHHHHU ~H~H~~H O U% 0 Om HHHHHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHHHHHHHHHHH 0~ HHHH 0~ 0~ UUUU HO00~ UUUUUUUUUU 000000000 ~UUUUUUUUU 0 UUUUUUUUU ~000000000 o H ~~~O~ OOOOOOOOOO OOOOOOOOOO UUUUUUUUUU 0000000000 UUUUUUUUUU UUUUUUUUUU 0000000000 oooooooooo oooooooooo O o ~~O~ ~ ~ ~ oooooo OOO o o OOOOOO ooo O O I ~~o ooo ~ o oooooo ooo o o oo oo oo NH o 0 ~OOOOOOOOO OOOOOOOOOO OOOOOOOOOO OOOOOOOOOO ~O~OOO~ OO~O~~O ~O~O~OOO ~0~~00~ UUHUU UHHHHHH~HH 0 o o o o · o o O O o 0 H H ~ O O H ~ ~ OO OO OO · · · oo o ooo oOo o U~ O~ 0 0m DDDDDDUDMUD O O000000mO0 H~ H~~~~ O0 ~0000000~00 ~ HO ~o o~ H 000 ~ ~ ~D~~ 0~ ~U ~ ~HHHHH~ 0000 ~ ~U ~0000~ ~~ ~ ~0 H 0 ~ H o 0~ ~o U~4U HH · r.t'l i 0 0 0 > ~ o o ~] o 0 U 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I 0 ~:~ (]0 0~0~ ~ ~:~ OO OO O O OO OO O O o 0 o OOO OOO o0o UUU ooo ooo ooo ~O~ ~ ~ ~ ~ ~OOO o oo O O ooooo O oo o o ooooo O oo o O UUUUU ~ HHHHH OOOOO O OO OO OO OO O O O OOO OOO o 0 {J ~o ~o ~ o oo oo o o ~ OO oo o O oo oo ~ ~ m~ OO o 0 o ' ~ ~O~ ~ O o ~o~ ~o o ~o~ ~ o ~o ~o · ooo o 0~ 0~ ~OOO~ O OO OOOOO O OO OOOOO O OO OO~O O OO OOOOO O OO O~OOO O OO 0 ~H~H ~ Om 0 0 o ~OOOO~ O OOo O~~ O OOo ~~O~ O ~ O ~ O ~ o o~ O 0 ~ B ~ H HB U H ~ HUU ~ O~ ~ o m o ~~ ~ ~HH {~H mO O~O i ~0~ ~~0 00000 00000 00000 00000 ~0 0000 0000 0000 o  UUUU ~ ~ 0000 ~ O OOOO O O OOOO O OOOOO O O OOOOO O O O O O 0'3 ~ O O O OOOOO O OOOOO O ~O~~ ~ ~ OOOOOO O O OOOOOO O O > o ~~ 000 O0 ~ OOOOOO ~ O OOOOOO O O O OOOOOO O O o 0 U 00000 00000 00000 00000 ~0~ 00~ 00~ 00000 00000 o oo~ O ~ o oo~ ~ o~ O O O~ ~ ~ ~oo~ ~ o oooo o o o~o O U m 0000 ~ × ~ o oo~ ~ o ooo~ o ooooo ooooo ooooo ooooo ~ ooooo ~ HHHHH ~ o ~ OOOOOO ~ o ooo0oo o 0 0 0o0ooo o o o o0o0oo o o ~ oo~ooo o o ~ ~o~ o ~ ~ O~OO~ O ~ xxxxx x m  HHHHHH~ H ~~0 ~ H O OOOOOOo O O OOOOOOo ~ ~ ~ ~O ~ O O UH o ~o Om H~ ~ H 0H ~ B0 N H~ 0~~ ~H DO000 H~ ~oooo ~ OH ~0 ~m ~0 ~HHHHHH H ~ 0HHHHHH ~ ~ 0HHHHHH ~H ~ o U~ 0 O~ o o o o o mO ~0 o Or~ H HE-I 0 o o o H ~ ~ H H ~ HO ~ ~ · 0 o u u -~-i o o o Item No. 5c Date: December 17. 1997 AGENDA SUMMARY REPORT SUBJECT: Notification to Council relative to Execution of a Rental Agreement for a Stand-by Generator at the Lake Mendocino Hydro Plant. REPORT: As required by the City of Ukiah's purchasing policy, this is to notify the City Council that staff has entered into a rental agreement for a generator to be used at the Lake Mendocino Hydro Plant. The Operating License for the Lake Mendocino Hydro Plant requires that the City of Ukiah provide a back-up generator to cover contingency operations for Fish and Game Department's water supply pumps at the fish hatchery, during hatchery operations. This generator must be provided on an annual basis. Three quotes were obtained relative to supplying the generator during the four month period, from December through March. These quotes were as follow: Aggreko Company Big Four Rents Leete Electric Banicia, California Ukiah, California Santa Rosa, California $9,200.00 $10,240.00 $8,900.00 Staff has entered into a rental agreement with Leete Electric to supply the required generator. RECOMMENDED ACTION: Accept Notification. ALTERNATIVE COUNCIL POLICY OPTIONS: None Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment:l) None APPROVED: ~ Candace Horsley, C~y I~anager ITEM NO. 5d. DATE: DECEMBER 17, 1997 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEi IER TO CALTRANS REQUESTING DISCONTINUANCE OF HERBICIDE USE WITHIN THE CITY LIMITS At its December 3, 1997 meeting the City Council directed Staff to prepare a resolution regarding discontinuance of Caltrans use of herbicides within the City limits. It was understood that Caltrans required local entities to formalize such actions by resolution. In discussions with the District Director, he stated that a letter documenting the Council action would be adequate. A draft letter is provided as Attachment No. 1. The process adopted by Caltrans regarding local herbicide use also includes a review of the situation on an fiscal year basis. The District Director has indicated he does not plan to request this matter be reconsidered until after the operational effects of the next growing season are evaluated. Staff believes the letter requesting discontinuance of herbicide use is appropriate and recommends the Mayor be authorized to sign it. RECOMMENDED ACTION: Authorize Mayor to Sign Letter Requesting Caltrans to Discontinue Use of Herbicides Within the City Limits. ALTERNATIVE COUNCIL POLICY OPTIONS: . . Determine modifications to a complete prohibition are appropriate, identify those changes, and authorize revised letter. Determine Caltrans proposal as presented is appropriate and do not authorize letter. Acct. No. (if NOT budgeted): N/A Acct. No.' N/A Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager Michael F. Harris, Assistant City Manager~~ Candace Horsley, City Manager 1. Letter for Mayor's signature, page 1. APPROVED: mfh:asrcc97 1217HERB C ndace Horsley, Cit~.Manager 300 SEMIN~EYAVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SA~ 463-6242/6274 · FAX # 707/463-6204 · Mr. Rick Knapp, District Director Department of Transportation District 1 PO Box 3700 Eureka, CA 95502-3700 December 18, 1997 Dear Mr. Knapp, At our meeting of December 3, 1997, the Ukiah City Council considered in depth the new plan by Caltrans to significantly reduce the herbicide use on rights-of-way within the city limits of Ukiah. After considerable consultation, discussion, and public testimony, the City Council concluded that herbicide use as proposed was not appropriate. Based upon the understanding that a resolution defining the action was necessary, the Council directed to Staff to prepare the necessary documentation for our adoption (meeting minutes attached). Subsequently, we have learned that a letter is sufficient. This letter is a formal request by the City of Ukiah City Council to Caltrans to immediately discontinue the use of herbicides within the corporate city limits. Please be assured that the City Council recognizes your efforts to reduce chemical vegetation eradication and control and understands there may be potential fiscal and amenity impacts associated with this action. Caltrans has been very proactive in its endeavors to meet local concerns and your attention to this request is greatly appreciated. I should also state that, at the same meeting, the City Council moved to terminate its own use of herbicides on City facilities by December 31, 1998. We are encouraged by the possibility of alternative control methods and look forward to working with you and other state entities toward viable long term solutions to this issue. Please don't hesitate to contact City Manager Candace Horsley (707) 463-6213 if the City can provide any assistance in this matter. Sincerely, Sheridan Malone Mayor Attachment C: mfh:letter97 1218KNAPP City Council City Manager '~/~'e Are Here To Serve" ITEM NO. 5e DATE: December 17. 1997 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE RENEWAL WITH RUSTY BOWL BMX TRACK The City of Ukiah has leased a portion of the property located at the end of Lavaggi Lane (Gobbi Street) to the Rusty Bowl BMX track since April 18, 1984. The group has requested a renewal as the current five year lease has expired. The site occupied by the Rusty Bowl is located 'between the South Ukiah Little League site and the Russian River, and consists of 81,532 square feet. As with the Little League, Rusty Bowl leases the property for one dollar per year and is responsible for all utilities, maintenance, and insurance related to their operation. The agreement with the BMX group has been a successful partnership providing a needed site for this healthy sports activity, on what would otherwise be an under utilized property. As no alternative public use for the property has been identified, it is recommended to renew the lease with Rusty Bowl BMX under the proposed terms of five years for one dollar per year. The proposed lease is attached. RECOMMENDED ACTION: Approve renewal of lease with Rusty Bowl BMX track. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease requires revision and remand to staff with direction. 2. Determine lease is inappropriate at this time and move to deny. Acct. No. (if NOT budgeted): N/A Acct. No.: N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: Rusty Bowl Board of Directors Requested by: Rusty Bowl Board of Directors Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with: Candace Horsley, City Manager Attachment: 1. Proposed lease Candace Horsley, Cit~ BMX. Manager LEASE AGREEMENT This Lease, made this 1st day of January, 1998, by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and the Rusty Bowl BMX, Inc. a corporation organized and existing under and in compliance with the laws of the State of California and its officers, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code { {37380 and 37395 and does determine that the use of certain property owned by the Lessor is not required for its use at this time and is available for Lease, and 2. The use of said property by the Lessee would be and is beneficial for the citizens of the City of Ukiah. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of that certain parcel of property commonly referred to as "Old Sewer Plant", located on City property to the Southeast of East Gobbi Street (Levaggi Lane), County of Mendocino and West of the Russian River, not already leased to the South Ukiah Little League, more specifically described on the attached "Exhibit A". The lease includes the right to use for access the road constructed by the South Ukiah Little League, to provide access to other City owned property. Lessor retains its right to use said road at any time for its own purposes. 2. TERM. The term of this Lease is for a period of five (5) years commencing on the date set forth above. -1- 3. RENT. As rent for the term hereby, demised, Lessee agrees to pay to Lessor the sum of One Dollar ($1.00) per year in full consideration hereof for the use of said property. 3.1. Lessee specifically represents that it does not intend to make a profit on the use of the leased premises. All income derived from use of the leased premises shall be used exclusively to sponsor or promote BMX bicycle racing on the leased premises or for improvements to the leased premises. 3.2. Lessee shall maintain regular books of account which it shall make available to Lessor upon demand for inspection or audit. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install all permanent improvements which shall become part of said property and title to said improvements shall be vested in the Lessor upon termination of this Lease except as set forth herein. 4.1. Lessee shall use the leased premises exclusively as a non-motorized, bicycle race course and for organized races under the Lessee's sponsorship and supervision. 4.2. Lmproverr~ents, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. However, Lessee understands that Lessor is not experienced in the safe design of bicYcle race courses and relies upon Lessee's experience and expertise in designing a safe course under established standards. Lessee will make all reasonable efforts and take all reasonable precautions to design and construct a course that is safe and free from unreasonable hazards likely to cause injury to persons who use the course. Lessee shall conduct races in accordance with the highest standards for safety and shall require the use of appropriate safety equipment by all persons who use the track. -2- 4.3. Prior to sponsoring its first race, under this Lease, Lessee shall construct a six foot security type fence around the entire perimeter of the leased premises, or in an alternative location re, agOg the approval of Lessor. Lessee shall obtain the prior written approval for the fence before its installation as well as the written approval of the Lessor for the constructed fence. Utilities as needed (water, electric, sewer) shall be constructed underground. 4.4. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for maintenance of all improvements. 4.5. Lessee shall acquire the necessary and required permits from the appropriate regulating body for the development proposed under this lease. 4.6. Lessee is responsible for the relocation, alteration, removal, construction, reconstruction of any municipal or private facilities, structures or utilities existing on leased premises which are presently in use or abandoned. 4.7. Lessee shall insure that no alcoholic beverages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of California. Lessee shall not permit use of the property for any reason after the hour of 10:00 p.m. Lessee shall not permit vehicles to park on the premises between the hours of 10 p.m. and 8 a.m., and shall properly post the premises in accordance with Vehicle Code requirements. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor. i. 6. INDEMNIFICATION AND INSURANCE. 6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, -3- any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and'employees from and against any and all liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 6.3 Notwithstanding the provisions of Exhibit B requiring Lessee to procure workmen's compensation insurance, Lessee need not procure such insurance provided all of the fol- lowing conditions are met: a. It maintains its status as a non-profit tax exempt organization; b. It's Board of Directors takes no action to designate any person providing services or work to the organization as its employee; and c. All persons performing services for the organization do so strictly as volunteers without receiving any compensation whatsoever. Lessee shall immediately notify Lessor if it fails to meet all of the conditions of this paragraph 6.3 and shall irramdiately thereafter comply with the workmen's compensation provisions of Exhibit B. 7. TERMINATION. 7.1. This Lease or any renewal thereof, may be cancelled for any reason by either party on sixty (60) days written notice to the other party. 7.2. Lessor can cancel this Lease immediately for any breach of this lease by Lessee, including, but not limited to, failure to provide insurance, without any prior notice to Lessee. -4- 8. ATTORNEY'S FEES. Lessee shall pay Lessor its reasonable costs and attorneys fees if Lessor prevails in any legal action to enforce any of the terms of this Lease. ' 9. TIME OF ESSENCE. Time is of the essence of this agreement. 10. WAIVER. City's waiver of any-default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO CITY: TO LESSEE; Rusty Bowl BMX, Inc. City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 12. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 13. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby cancelled and superceded -5- by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 14. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. CITY OF UKIAH ATTEST: By: City Clerk RUSTY BOWL BMX, INC. B  "~ · -6- INSURAHCE REQUIREMENTS FOR LESSEES {NO AUTO RISKS) / · BIDDERS' ATTENTION IS DIRECTED TO TIlE INSURANCE REQUIREMENTS BELOW. IT IS IHGItLY llECOMMI~Lfl3ED TIIAT BIDDERS CON"FEll WITIt TIiETR RESPECTIYE I~',ISURANCE CARRIERS OR BROKERS TO DETERMJ3,fE IN ADVANCE OF BID SUB- ?v[ISSION TIlE AV~LILABIL1TY OF INSURANCE CERTIHCATES AND ENDORSEMENTS AS PRESCRIBED AJ~tD PROVIDED HEREIN. IF AN APPAREHT LOW BIDDER FAILS TO COMPLY STRICTLY WITH 'l-liE IN'SURAHCE REQUIREMENTS, TIIAT BIDDER MAY lie DISQUALIFIED IqlOM AWARD OF 'HIE CONTRACT. . Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise fium or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. A. Mm~ro>~ Sco~£ or lxs~:~^yc~ Coverage shall be at least as broad as: e Insurance Semices Office form number GL 0003. (Ed. 1/73) coveting Comprehensive General Liability and Insurance Sen'ices Office 'form number GL 0404 coveting Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability. coverage ("occurrence" form CG 0001). ,Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Mm-l~m~ LmnT50FI.xsLW,.~.NC[ Lessee shall, maintain limits no less than: General Liability: $1,(X)0.000 combined single limit per occurrence for bodily injury, persorial injury and property damage. If Commercial General Liability Insurance or other fonn with a general aggregate limit is used. either the general agomegate limit shall apply separately to Otis project/location or thc general aggregate limit shall be tx,Ace the requi~cd occum:ncc lhnit. Workers' Compensation and -Employers Liability: Workers' compensation limiu as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 lx:r · accident. .C. D£DUCT~nLES ^bm SELF-INst"RED R ,ETa'el'lO5! Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall .:duce or eliminate such deductibles or seff-humrrd retentions as resFr-.c~ 'the City, its officers, officials, employees and volunteers: or the Ia:ssa: shall procure!a bond guaranteeing payment of losses and related investigations, claim administration and defense cxpense.s. · The polici~ am to contain, or be endorsed to contain, the following provisions: · 1. General Liability · The City, its officers, officials, employee:; :md volunteers are to be covered'as insureals as respects: liability arising out of premises owned, occn~pied or used by the Lessee. The coverage shall contnht no special limitations on the scope of protection afforded to thc City, iu officers, officials, employees or volunteers. The Lessee's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or sell-insurance maintained b,, tim City, its officers, omciais, employees or volunteer.; shall be. excess of the Les.see's htsurance and slmll not contribute with it. C. de Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Coverage shall state that the Lesse, e.'s insm-ance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage ., The insurer shall agree, to waive all fights of subrogation against the City, its officers, officials. employees and volunteers for losses arising from tim leased premises. · :3. Ail Coverages ,Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail. return receipt requested, has been given to the. City. E. ACCEI'q'AIlILITY OFIssURERS Insurance is to be placed with inm~rerx with a Best's rating of no less than A:VII. F. Vtn~C^T~O. OV Lessee shall furnish the City with certificates of hmurance and with original endorsements effccting coverage required by fids clause. The certificates and endorsements for each insurance policy arc to be signed by a person authorized by that insurer to bind coverage on its bchal[ Thc ccrtificatcs and endorsements am to be on forms providcd by tim City. Whcn: by statute, thc City's workers' compensation-related forms cannot be used, equivalent forms approved by' the Insurance Comm|ssioner am to be substituted. All certilicate_.s and endorsements are to be received and ~pruved by the City before work commences. The City reserves the right to require complete, certified copies of all required policies, at any tim..e. · · · W PRODUCER THIS CER¥1FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND WICK PILCHER INSURANCE INC CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE · DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1702 E. Highland POLICIES BELOW. Suite #202 Phoenix, AZ 85016-4665 COMPANIES AFFORDING COVERAGE COMPANY A SPHERE DRAKE INSURANCE P.L.C. LETTER 'iNSURED COMPANY B LETTER American Bicycle Association COMPANY C P. O. Box 718 LETTER Chandler· AZ 85244 COMPANY D LETTER COMPANY E LETTER .................. . ................................. :.:.:.:.:.:.:.: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY SDM00911-01 02/02/97 02/02/98 PRODUCTS-COMP/OPAGG. $ 1· 000 000 / i.z,.I ] CLA, I',4S MADE ~--~ OCCUR. · ': PERSONAL & ADV. INJURY $ 1, 00 0,0 00 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1 · O 00 · O 0 0 X PARTICIPANT LEGAL FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LiMiT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS MABILITY i EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION I RTAT[ JTC)F~Y i IMITR : -- AND EACH ACCIDENT $ EMPLOYERS' LIABILITY DISEASE--POLICY LIMIT $ A OTHER DISEASE-EACH EMPLOYEE $ '[X~EDUCTIBLE SDM00911-01 02/02/97 02/02/98 $500 PER CLAIM DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Cert holder,City of Okiah, track owners, operators· sponsors· landlords & participants are add'l ins'd for all operations arising ............. O~.~.~.:.~.~.:.:.:...,...'..~.~.~.~.O.?.a...~....r~c:t.n~r event ~,/or trac],:-.neducti]:,le $500 /cla~-, iiiiiiii EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CA15 Rusty Bowl B~X #897 i!ilili! MAIL. 30 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attn, James Bud Riley iiii!iii LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 100 Laws Ave. Apt. E ii?:i::i:: LIABILITY OF ANY KIND UPON THE COMPANY, ITSAGENTS OR REPRESENTATIVES. Ukiah, CA 9 5 4 8 2 iiii!i:! AUTHORIZED REPRESENTATIVE · .'., ~... ~. ,. , DATE: ITEM NO. 5f December 17, 1997 AGENDA SUMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING THE CITY OF UKIAH ZONING MAP TO REZONE TEN (10) PARCELS OF LAND SUMMARY: On December 3, 1997, the City Council voted 4-1 to introduce an Ordinance rezoning ten (10) parcels of land. Mayor Malone's dissenting vote was a reflection of his disagreement with the direction to staff regarding the Oak and Henry Street parcels, rather than the rezoning of the ten (10) subject parcels. Accordingly, the decision to rezone the ten (10) parcels was essentially unanimous, and the Ordinance has been prepared in final form and is ready for adoption. RECOMMENDATION: Adopt the Ordinance amending the City Zoning Map to rezone ten (10) parcels of land. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the Ordinance, and provide direction to staff. Citizen Advised: All affected property owners individually noticed, and a legal notice published in the Ukiah Daily Journal according to the requirements of the Ukiah City Code. Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director, and David Rapport, City Attorney Attachments: 1. Ordinance rezoning the ten (10) parcels of land. APPROVED: Candace Horsley, Ci~/Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on ten (10) parcels of land (REZ 97-40). Specifically, the City Zoning Map is amended to rezone 1 parcel from C-1 (Light Commercial) to R-2 (Multiple Family); and 9 parcels from R-3 (General Multiple) to R-2; The listing of the specific parcels involved in this rezoning action, as well as their locations is attached as Exhibit "A." SECTION TWO This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to bring the zoning for the subject properties listed in Exhibit "A" into conformance with the City General Plan. SECTION THREE These rezoning actions are reasonable and appropriate because they advance the Ukiah General Plan goal of preserving the integrity of existing stable neighborhoods in the community. SECTION FOUR This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. Ordinance No. (REZ 97-40) Page I of 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION FIVE This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on December 3, 1997, by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mastin NOES: Mayor Malone ABSENT: None ABSTAIN: None Passed and adopted on December 17, 1997, by the following role call vote: AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATTEST: Colleen B. Henderson, City Clerk Ordinance No. (REZ 97-40) Page 2 of 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" Rezoning 97-40 Assessor Parcel Number Location Existing Zoning New Zoning Group #1: 700-748 Oak Street; 001-304-2, 3, west side of Oak R-3 R-2 5, 7, 9, 12, 16, Street between Mill 17, 18 Street and Gobbi Street Group #2: 959 Oak Street; 002-114-69 adjacent to and west C-1 R-2 of the Wright Stuff Pizzadrome , Group #1: 001-304-2, 3, 5, 7, 9 12, 16, 17, 18 Ordinance No. (REZ 97-40) Page 3 of 3 Group #2: 002-114-69 ITEM NO. 5g MEETING DATE: December 17, 1997 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING PURCHASE OF LIQUID POLYMER Liquid polymer is an essential chemical used to aid the filtering of the effluent water at the wastewater treatment plant. Two 275 gallon totes of liquid polymer were needed to treat the anticipated inflow. Requests for Quotations through the informal bid process for were sent to the two suppliers that have demonstrated that their product is compatible with our filter process. The only bid received was from Ecochem, Inc. with a total bid of $5,666.66. A purchase order has been issued to Ecochem, Inc. for this amount. Based on our purchasing policies, we are giving the City Council the required notification of this action. RECOMMENDED ACTION: Receive and file report regarding the purchase of liquid polymer product. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if not budgeted): Acct. No.: 612-3580-520 Appropriation Requested: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: Candace Horsley, City I~lanager ITEM NO. 5h. DATE: December 17, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION ELIMINATING ON-STREET PARKING AND ESTABLISHING A NO-PARKING ZONE ON THE EAST SIDE OF MAIN STREET BETVVEEN GOBBI STREET AND MARSHALL STREET SUMMARY: As indicated in the attached correspondence, the Office of Ray Worster, Cai Farm Insurance, and Computer Scene requested the Traffic Engineering Committee (TEC) to address the issue of the traffic on Main Street and the lack of visibility of vehicles leaving east side parking lots and turning onto Main Street. Ms. Donna Worster attended the TEC meeting on December 9, 1997 and requested the establishment of a no parking zone on the east side of Main Street adjacent to the Worster office complex and Computer Scene to improve sight distance for traffic leaving their parking lots. The TEC considered the request and recommended the City Council approve the elimination of all the parking on the east side of Main Street between Gobbi Street and Marshall Street. Should this request be approved, a net loss of five on-street parking spaces will result. Sufficient off-street parking currently exists at the businesses on the east side of Main Street between Gobbi Street and Marshall Street. Ms. Worster stated that the affected businesses on the east side concur with the request to remove the on-street parking. RECOMMENDED ACTION: Adopt Resolution Eliminating On-street Parking and Establishing a No-parking Zone on the east side of Main Street between Gobbi Street and Marshall Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Request. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: (if budgeted) Rick Seanor, Deputy Director of Public Works Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Resolution; 2. Letter of Request from Donna Worster APPROVED' 'J~:~_; i.,~~~ ,Js:^G,,~,.su, Can~ace I-:lorsley, C~y Manager RF~OLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ELIMINATING ON-STREET PARKING AND ESTABLISHING A NO PARKING ZONE ON THE EAST SIDE OF MAIN STREET BETWEEN GOBBI STREET AND MARSHALL STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8, of the Municipal Code; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) received a request from the Office of Roy Worster, CalFarm Insurance, and Computer Scene that parking be eliminated by establishing a no parking zone on the east side of Main Street between Gobbi Street and Marshall Street; and WHEREAS, the Traffic Engineer recommends that the request be approved so that sight distance can be enhanced for vehicular traffic leaving the driveways of the businesses on the east side of Main Street between Gobbi Street and Marshall Street. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that a no parking zone be established on the east side of Main Street between Gobbi Street and Marshall Street. vote. AYES: NOES: ABSENT: ABSTAIN: PASSED AND ADOPTED this 17th day of December, 1997, by the following roll call Sheridan Malone, Mayor ATTEST: Colleen B. Henderson, City Clerk B:RE$1 MAIN.NP 12-04-1997 02:59PM f=qM THE OFFICE Of RAY WORSTER TO 4636204 P.01 December 4, 199~ City of Lrki~ Attn Cathy Fax # 463 6204 We the undersigned request that we be put on the agenda ofthe Ukiah Traffic Engineering Committee meeting on December 9th at 3:00 P.M. Our concern is the fast pace traffic on Main Street between Mill and G0bbi and our laet of visibility when exiting our parking lots. The Office ofRay Worster Cal Farm Insurance Computer Scene Donna Worster, Representative TOTAL P.O1 ITEM NO. 5i. DATE: December 17, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION ELIMINATING ON-STREET PARKING SPACES AND ESTABLISHING A NO-PARKING ZONE/BUS LOADING ZONE ON SOUTH STATE STREET ALONG THE FRONTAGE OF UKIAH VALLEY LUMBER SUMMARY: As indicated in the attached correspondence, the Mendocino Transit Authority (MTA) has requested to establish a no parking zone/bus loading zone along the frontage immediately north of Ukiah Valley Lumber. This bus loading zone will provide better visibility of waiting passengers. The current bus stop in front of Ukiah Valley Lumber has landscaping which limits the view of bus drivers and passengers. The Traffic Engineering Committee considered this request at its regular meeting of December 9, 1997 and recommended approval to the City Council. Should this request be approved, a net loss of two on-street parking spaces will result. Staff has observed that adequate off-street parking currently exists at Ukiah Valley Lumber. RECOMMENDED ACTION: Adopt Resolution Eliminating On-street Parking Spaces and Establishing a No-parking Zone/Bus Loading Zone on South State Street Along the Frontage North of Ukiah Valley Lumber. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Request. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Rick Seanor, Deputy Director of Public Works ~.1 .~-- Prepared by: Rick Seanor, Deputy Director of Public Works Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution; 2. Letterp~ Request from Mendocino Transit Authority Candace H~mley, cit]/Manager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ELIMINATING ON-STREET PARKING SPACES AND ESTABLISHING A NO PARKING ZONE/BUS LOADING ZONE ON SOUTH STATE STREET NORTH OF THE FRONTAGE OF UKIAH VALLEY LUMBER WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article I 1, Chapter 1, Division 8, of the Municipal Code; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) received a request from the Mendocino Transit Authority that their operations could be improved by relocating a no parking zone/bus loading zone on the east side of South State Street along the frontage of Ukiah Valley Lumber; and WHEREAS, a bus may stop in a no parking zone or red zone if marked or signed as a bus zone pursuant to the California State Vehicle Code; and WHEREAS, the Traffic Engineer recommends that the request be approved so that bus operations can be enhanced. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that a no parking zone/bus loading zone be established on the east side of South State Street north of the frontage of Ukiah Valley Lumber. The City Engineer shall determine the length of the no parking zone/bus loading zone needed to accommodate bus loading. PASSED AND ADOPTED this 17th day of December, 1997, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk R:I\RES1 UVL.NP TTf L HM HT SERVING MENDOCINO COUNTY SINCE 1976 Mendoclno Trsnelt A~uthority FAX-Memo 241 Plant Road, Ukiah, CA 95482 To: From: Date: Subject: Phone: 707.462.5765 FAX: 707,462,1760 E Mail: stevemta@zapcom.net Rick Kennedy, City Engineer, City of Ukiah Steve Turner, Assistant General Manager. ~/~' November 4, 1997 "" Bus stop relocation requests Please place the following requests on the next Traffic Engineering Committee Agenda, December, 1997. The MTA would like permission to remove the bus stop from the loading zone on West Perkins, just west of School Street, and relocate it on Perkins Street, one block west, adjacent to the public parking lot just west of North Oak Street. This would require the elimination of at least two metered parking spaces on Perkins Street and some intrusion into one space within the parking lot. The current location is usually occupied by delivery trucks, making it difficult for both drivers and passengers to use. The MTA would also like permission to relocate the stop, northbound on South State Street, at Luce, in front of Ukiah Valley Lumber, north 112 feet, to a location behind the existng parking regulation sign. The current location is obscured by shrubbery and the property owner does not want the landscaping removed. The proposed location is not landscaped. The stop would Include a slab and bench between the existing sidewalk and curb, like the existing location. We request that the new location be designated no parking. I will provide a drawings of these new locations for the agenda packet. \wpdata\busstops\perksch,doc ITEM NO.5.i MEETING DATE: December 17, 1997 AGENDA SUMMARY REPORT SUBJECT: REPORT: REJECT BIDS FOR 175KW GENERATOR AT THE HYDRO PLANT Each year it is necessary to rent a generator to supply emergency power for the water pumps at the fish hatchery. In an effort to reduce long term cost, staff felt that it would be prudent to purchase a used generator. It was indicated to staff, through contacts with equipment suppliers, a used generator that would meet our needs could be purchased for approximately $13,000. Requests for Quotation through the formal bidding process were sent to eleven equipment suppliers. Six bids were returned and opened by the City Clerk on December 3, 1997. The bids came in substantially higher than anticipated. Based on these bids, it appears that it would cost approximately $30,000 to place a used generator at the Hydro Plant. Since this was an unbudgeted item and the cost seems rather high, staff recommends that Council formally reject all bids. RECOMMENDED ACTION: Reject all bids. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if not budgeted): N/A Acct. No.: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: Tabulation of Bids APPROVED-~ ~_~~ -~ Candace Horsley, Manager 0 w C 0 0 0 0 0 0 0 0 0 0 t-- ITEM NO. 5k DATE: December 17,1997 AGENDA SUMMARY REPORT SUBJECT: APPROVAl' OF BUDGET AMENDMENT IN THE AMOUNT OF $2,800 FOR PAYMENT OF APPRAISAL SERVICES FOR THE UKIAH ANIMAL SHELTER Based upon discussions with the County of Mendocino for the continuation of animal protection services within the City, it was necessary to procure an appraisal of the Animal Shelter property located on Plant Road. The appraisal cost of $2,800 was not budgeted and thus a budget amendment is necessary to process the expenditure. The County has agreed to pay $1,400, or half, of this amount. Staff is therefor requesting the $2,800 be transferred from the General fund balance into City Manager's Contractual Services Account, No. 100.1201.250.000, and $1,400 be reflected as revenue. RECOMMENDED ACTION' Approve amendment to the 1997/98 budget for Animal Shelter property appraisal increasing expenditure in Account No. 100.1201.250.000 by $2,800 and increasing revenue in Account No. 100.0600.489.000 by $1,400 ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Budget amendment is inappropriate at this time and do not approve amendment. Acct. No. (if NOT budgeted): 100.1201.250.000 Appropriation Requested: $2,800 Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: (if budgeted) Gordon Elton, Finance Director Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Michael F. Harris, Assistant City Manager 1. Appraisal invoice 2. Budget Worksheet APPROVED: ~ L--~,~ ~.~ Candace Horsley, C~y Manager LD3 Appraisal.asr HARDING APPRAISAL CO., Inc. GARY FULBRIGHT, MAI Mr. Larry DeKnoblough Director of Community Services City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 3000 Cleveland Ave., Suite 204 Santa Rosa, California 95403 Phone (707) 571-8957 November 3, 1997 STATEMENT FOR APPRAISAL REPORT IN TRIPLICATE Ukiah Animal Shelter 298 Plant Road Ukiah, California $2,800. ITEM NO, 7~t DATE: December 17; 1997 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF PROPOSAL AS SUBMITTED BY WASTE SOLUTIONS GROUP TO PROVIDE RAIL TRANSFER FOR SOLID WASTE This proposal was submitted to the City at noon on Friday, December 12. So as to not delay the completion of the agenda, it is being distributed to the Council though there has been no time for a staff analysis. We will have an opportunity for some review and analysis to discuss with the Council at the meeting. RECOMMENDED ACTION: ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Waste Solutions Group Prepared by: Candace Horsley, City Manager Attachments- 1. Proposal submitted by Waste Solutions Group APPROVED: 4/Can.ASRWaste Candace Horsl~rCit~,~anager MEMORANDUM Date: December 17, 1997 To: Candace Horsley, City Manager From: Darryl L. Barnes, Director of Public Utilities Subject: Proposed Utilization of the Northwest Comer of the Wastewater Treatment Plant. The proposed site of the solid waste transfer station would utilize the northwest corner of the wastewater treatment facility. The site would be constructed on an existing percolation pond currently being used for the processing and storage of sludge. This location has been approved by the State Water Resource Board for this purpose. Removal of this pond from the plant would eliminate our ability to store sludge until economic quantities can be collected for transport to an approved disposal site. There is not another approved location at the plant were sludge can be processed and stored. Although this might not be a problem in the short term, if the city's disposal site is allowed to accept our current production of sludge. However, after the close of the disposal site, sludge will need to be transported to an approved disposal site. Without the ability to store sludge on site, additional transports will be required that will significantly increase the disposal cost of the sludge, since storage will be within the transport vehicle. The ability to store and transport as our demand requires will be lost. It should also be understood, that the primary treatment facility at the plant will require expansion within the near future, that will require utilization of a portion of the proposed site. Expansion will ultimately require additional primary sexlimentation tanks and a third trickling filter. Since the plant area to the west of the facility has already been reduced due to the location of the County Animal Control facility and Hazardous waste facility, expansion of the primary facilities must occur to the north into the proposed location. Without the ability to expand the primary treatment facility additional sewer connections within both the City of Ukiah and the Uklah Valley Sanitation District will not be allowed, since the facility will not have the ability to satisfy the requirements of our permit. Since the City of Ukiah presently treats wastewater for the Ukiah Valley Sanitation District under an agreement with that district, the only alternative would be for the District to construct their own treatment facility within their service area north of town or additional land will have to be obtained adjacent to the treatment plant as that future expansion can be accommodated. However, this would impose a significant cost on the sewer customers of both the Ukiah Valley Sanitation District and the City of Ukiah. Therefore, staff does not believe that the utilization of this location for other that plant expansion would not be in the long term interests of sewer customers within the Ukiah Valley. 17 $7 ll:4Sa BLT EMTERPRISES 916-492-0220 p. 2 BLT E rr RPmSrS 1717 I Slxeet · Sacramento, California · 958/4 _VIA FACSIMH.E & US MAIL 70 463-6204: Ms. Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: BLT Enterprises, Solid Waste Proposal December 16, 1997 Dear Ms. Horsley: As follow-up regarding our December 15, 1997 letter and recent discussions with City of Ukiah (City) Councilmembers BLT Emerprises (BLT) is pleased to provide you with the below proposal. Over the past few momhs the City and Mendocino Solid Waste Managemem Authority (MSWMA) has received a number of competitive proposals to provide solid waste services to your area. During this time BLT responded to the MSWMA Request for Proposals (RFP) on November 2, 1997. The criteria set out in the RFP included a recycling reuse center, buy-back center and the acquisition of all or part of the North State Street property. BLT responded with a fully enclosed facili~ on 6-9 acres for future growth and rail shipping capacity. As you will see the BLT proposal provided to MSWMA is much different than the proposal we are providing to the City of Ukiah. BLT has reviewed the Agenda Summary Report that that is scheduled for consideration at the council meeting tonight. ARer careful review of the items and terms presented BLT is willing to offer the City similar terms and conditions with a reduced cost per tort Below, we have outlined some ofthe key itoms that would be included in an agreement between the City and BLT. e 0 The proposed transfer station agreemem term would be 20 years ~rom facility start-up with a 10-year, buy-out provision for the remaining investment. A separate twelve year residential and commercial collection contract that would begin in 2007, at the end ofthe current agreement. All City waste would be directed to the new transfer facility. Dec 17 97 11:49a BLT E~TERPRIS£S 916-492-0220 p.3 4~ The City will have the option to purchase the facility at any time during the agreement. At the end of the 20-year term, the City can purchase the facility for $1.00. . 6. 75% CPI not to exceed 5% per year. BLT will work with tho City in selecting a mutually agreeable site that is located close to the City service area. 7. Facility design will be similar to the Taylor Drive conceptual plans. The following fee structure is based on the annual tonnages presented in the agenda summary report. SERVICE AREA CITY O1~ UKIAH ONLY UKIAI-I VALLEY NO FY BRAGG/WILLITS ENTIRE COUNTY Tru.__~ek Transportation $45.90 $45.34 $43.00 $57.02 $55.45 $51.88 $49.92 $41.92 *Note: $5.00 per ton Post-Closure costs is not include& ~ BLT believes this offer will assist the City in understanding why our proposal to MSWMA included a higher cost structure. It is our intent to provide the City or the Authority with the lowest cost while providing as many services as possible. We look forward to discussing the details of our proposal with you~ If you have any questions or comments please give me a call at (916)492-0200. Sincerely, Shawn Guttersen BLT Enterprises Cc: City of Ukiah, Mayor and Councilmembers Mendocino Solid Waste Management Authority t IN Waste Solutions Group December 11, 1997 Honorable Sheridan Malone, Mayor & Members of City Council City of Ukiah 300 Seminary Drive Ukiah, CA 95482 Dear Mayor Malone and City Council Members: On this coming Wednesday night, you will again have the opportunity to make a policy decision that will have implications well into the next century for the City and the County. It is not an overstatement to say that the direction that you choose next week will touch upon quality of life, environmental health and economic development viability of the entire North Coast region for the long-term future. As one of two companies currently in final negotiations for a solid waste contract in Humboldt County, we know first-hand that the cities and counties to the north are watching very carefully the direction that the City of Ukiah takes vis-a-vis rail or truck. Against that background, Waste Solutions Group heard your voices loud and clear at your November 5th meeting when you articulated your desire for a meaningful waste-by-rail proposal, one which you could compare to the trucking proposal submitted by SWS. After that meeting, and after much forethought, we have determined that only a company that is committed to, experienced with, and believes in the advantages of rail for these projects can provide you with a quality proposal for such a system. Therefore, we have decided to put together a first-class team and a first-class project to make you and the City of Ukiah proud of the decision to support the railroad for the long-term future. As you will see from the proposal that follows, our team of Waste Solutions Group, Potrero Hills Landfill, Northwestern Pacific Railroad, Bank of America, and GATX Capital Corp. is both experienced and dedicated to the use of rail for the movement of solid waste. The rail system that we are proposing will not only replace 20 million truck miles down Highway 101 with an environmentally superior mode of transport, but it will also be a catalyst for economic development through support of the railroad. Moreover, our proposed siting of the facility in a vacant, rail-served corner of the City- owned treatment plant, allows the City to both collect lease revenue from the project and own the buildings and the underlying land at the end of the contract term. We fully understand that time is of the essence, and so this proposal is in a state of development that surpasses anything you have received thus far from others. The proposal contains: (1) guaranteed cost figures that reduce rates and are clearly comparable to trucking; (2) plans and elevations of the site and buildings; (3) a mark-up of the contract that the City has already approved; and (4) a mark-up of a City ground lease which can be used for the transfer station. With an endorsement of our project by the City Council on Wednesday night, we will move forward with dispatch to make this project a reality. Thank you in advance for believing in the rail and in the capabilities of our company. Sincerely, j~ ./ / ' David A. ~Gavrich President The Mills Building - 220 Montgomery St.- Suite 1200 ' San Francisco, CA 94104 Tel (415) 421-2044 - Fax (415) 421-1462 ?,F...R O David A. Gavrich LANDFILL President and CEO Waste Solutions Group 220 Montgomery Street- Suite 1200 San Francisco, CA 94104 December 10, 1997 Re: City of Ukiah Transfer Station Proposal Dear Mr. Gavrich: Potrero Hills Landfill, Inc. is extremely pleased to particpate with Waste Solutions Group in its proposal to the City of Ukiah for solid waste transfer, rail transport, and disposal. Potrero Hills views its relationship with Waste Solutions Group as an important strategic alliance in the solid waste business. Potrero Hills Landfill, Inc. has agreed to offer its capacity exclusively to Waste Solutions Group for waste transferred by rail from Ukiah, and Waste Solutions Group has committed to use Potrero Hills Landfill exclusively for disposal of Ukiah's waste. We are excited to be able to team with Waste Solutions Group to offer excellent solid waste service at an extremely competitive price to ratepayers of Ukiah and Mendocino County. Throughout the development and operation of Potrero Hills Landfill, we have worked closely with our host community, Solano County. The staff and elected officials of Solano County have treated Potrero Hills Landfill fairly and are proud of our close, effective working relationship with our regulators as our operations and grown and changed. In every instance, the County has been both vigilant in its efforts to assure the environmental integrity of the landfill and cooperative in allowing for growth and change at the landfill. I know that Waste Solutions Group shares our philosophy of earning respect of its regulators by adhering to the highest environmental standards. I believe that the experience of Waste Solutions Group in hauling solid waste by rail, together with my company's experience in operating our Subtitle D landfill in California, combine to make us the premier solid waste transport and disposal team in the state. I am certain that together we will provide the safest, most efficient and cost effective waste service available. I look forward to a long and fruitful relationship between our two fine companies. Very~%~Xlly yours, -- ~/ Ri~n~rd Granzella, Presi/d~fit POTRERO HILLS LANDFILL, INC. POTRERO HILLS LANE - SUISUN, CA - (707) 429-9600 · P.O. BOX 68 - FAIRFIELD, CA 94533 NORTH COAST RAILROAD AUTHOR NORTHWESTERN PACIFIC RAILROAD December 9, 1997 Mr. David Gavrich Waste Solutions Group 220 Montgomery St. #1200 San Francisco, CA 94104 Dear Mr. Gavfich: We appreciate the efforts you and Waste Solutions have given over the past year towards the use of the Northwestern Pacific as the rail transporter for municipal wastes from the North Coast region to the Potrero Hills Landfill in Solano. We believe such a program would be very important to the long-term interests of the railroad and, as such to ali businesses and residents along our rail line. ' The Northwestern Pacific Railroad appreciates the opportunity to be the rail transportation partner in Waste Solutions Group's proposal to the City of Ukial~. The transportation of the North Coast's municipal waste by rail is a key growth opportunity for the railroad and the NWP is committed to holding the rail rates and terms as quoted to Waste Solutions Group for the previous Mendocino project. We look forward to a successful, long-term and mutually beneficial working relationship with your firm. In light of the economic and environmental benefits of a rail-based transportation system, the use of the NWP for this project will serve the best overall interests of the residents and business in Ukiah, Mendocino County and the North Coast. Please feel free to contact me with any questions you may have regarding our participation in this program. Dan Hauser Executive Director 4 west 2nd Street, Eureka, CA 95501 Phone: (707) ~.~90.,N5 Fax: (707) 441-1324 Bank of America December 10, 1997 Mayor Sheridan Malone and City Council City of Ukiah 300 Seminary Way Ukiah, CA 95483 Re: Financing of Rail Transfer Station in City of Ukiah Dear Mayor Malone and City Council Members: I am the Managing Director of Municipal Finance for the Bank of America, and I wanted to inform you of our ongoing working relationship with Waste Solutions Group, and to explain our interest in financing their proposed rail transfer system in the City of Ukiah. I and my Bank of America staff have worked with Waste Solutions Group in two capacities in the past. First, as you may know, Waste Solutions Group was a paid advisor to the State of California Pollution Control Financing Authority (CPCFA) for several years, advising the State on the economic and technical feasibility of transfer stations and recycling facilities, the developers of which had applied to the CPCFA for tax-exempt bond financing. Waste Solutions Group is nationally recognized for their expertise in the operations and financing of solid waste projects. In their capacity as advisor to the State of California on the creditworthiness of these projects, and in our capacity as a bank involved in financing these projects and very interested in project feasibility, BofA and Waste Solutions Group have coordinated closely on a number of solid waste projects. Some of these projects were similar in size and scope to the one being proposed for Ukiah by Waste Solutions Group. The second capacity in which we have worked is that Bank of America has provided financing to companies affiliated with Waste Solutions, most recently for the development of certain waste recycling facilities by Laidlaw Environmental Services. Bank of America looks forward to having the opportunity to work with Waste Solutions Group on the financing of their proposed rail transfer station and equipment. We believe a well-structured system, such as that proposed by Waste Solutions Group, can be a model for other small and medium-sized communities that want to pursue long-term solid waste solutions that are both economically and environmentally beneficial to the local community. We enthusiastically support this effort. Sincerely, ~.'~) Robert Giles Managing Director Bank of America National Trust and Savings Association December 8, 1997 Mayor Sheridan Malone CITY OF UKIAH 300 Seminary Way Ukiah, CA 95483 CITY OF UKIAH WASTE BY RAIL PROJECT Dear Mayor Malone: GATX EnviroLease is a wholly owned subsidiary of GATX Capital Corporation of San Francisco, which is in turn one of the five operating companies of GATX Corporation. For almost 100 years, GATX has been an industry leader in transportation equipment financing, and currently has over $5 billion in assets, including in excess of 120,000 railroad cars. I have enclosed a descriptive brochure and last year's annual reports for your information. GATX EnviroLease specializes in financing equiPment for waste by rail, and has provided a large fleet of equipment for Waste Solutions Group and its affiliated company, ECDC Environmental LC. Based on my close to 30 years experience in the rail industry and a pioneer of waste by rail, I can affirm that there are few companies that combine the experience and expertise of Waste Solutions Group. Upon review of the proposal by Waste Solutions Group to the City of Ukiah, GATX is very interested in financing the Rail Transfer Station, railcars, containers and associated equipment for this excellent project. Our involvement would of course be subject to appropriate commitments of waste by the City, and to mutually agreeable contract terms between all the parties. Please feel free to contact me at 800 405 2555 if you have any questions or need more information about GATX. Sincerely, p anal J.~~Dy~o~n~ Vice President and General Manager GATX EnviroLease Corporation P.O. Box 10026 Burbank, CA 91510-0026 Tel: 818/848-9666 Fax: 818/848-4137 Proposal To Provide Long-Term Transfer, Rail Transport and Disposal Services TO The City of Ukiah tm 2m m Sm Gm am em Table of Conten~ Cover Letter Executive Summary Ukiah Rail Transfer Station Design & Operations Rail Transport From Ukiah Disposal at Potrero Hills Landfill Project Management Team Project Implementation Schedule Project Costs Preject Financing Key Contract Terms Pane -- 7 19 25 32 49 5O Appendices Am Gm Draft Contract Between City and WSG Sample Contract For Rail Transport & Disposal Only (Computer Diskette) Draft Lease Agreement For Transfer Station Site Cover Photo: Shows Northwestern Pacific Railroad Engine No. X171 Ioaving from Humboldt County with Umber for milling in Mendocino County. circa 1932. I · Executive Summary 1.1 Introduction Waste Solutions Group (WSG), in conjunction with the Northwestern Pacific Railroad and Potrero Hills Landfill, herein proposes a City of Ukiah Rail Transfer, Transport and Disposal system that combines simple, proven and efficient transfer station technology and operations, with environmentally superior rail transport to the state-of-the-art Potrero Hills Landfill in the Fairfield-Suisun area. As one of the nation's leading providers of waste-by-rail services, WSG is offering this system at a competitive cost that will reduce rates to Ukiah's ratepayers. WSG proposes to design, permit, and construct the rail transfer station on an industrially-zoned City property, which will allow the City to own both the transfer station and the underlying land at the end of the contract term. This will avoid any "cross-linkage" between the collection franchise and the transfer system, thus relieving the City from having to make any present or future franchise concessions as part of its procurement of a transfer system. It will also avoid the City of having to make a large lump sum site acquisition payment at the end of the term. WSG proposes to make lease payments to the City for the transfer station site during the term of the contract, thereby generating a new source of revenue for the City's general fund. 1.2 Rail Transfer Site, Design & Operations The Ukiah Rail Transfer Station will be sited along rail on a currently unused portion of the City's wastewater treatment plant site. The transfer site consists of a 2.2 acre parcel to the north and west of the treatment plant tanks, plus a contiguous long narrow access parcel of .3 acres that runs northward from Plant Road between the kennel and the railroad tracks. The site is bounded on the south and east by the City's treatment plant; on the west by the NWP tracks and a lumber yard/milling operation across the tracks; and on the north by vineyards. The enclosed plans and drawings for WSG's Ukiah Rail Transfer Station have been developed by Creamer & Noble Engineers, one of only a few engineering firms in the country that has experience in the design, engineering and construction of rail transfer stations in active use. Steve Layton, Creamer & Noble's lead designer on this project, has previously designed facilities similar in size and scope to that being proposed by WSG in Ukiah. The rail transfer station has been designed to meet some key technical and design objectives including: easy access by both commercial and self-haul vehicles; off-road queuing of traffic so as not to create congestion on Plant Road; efficient loading of rail containers through use of elevated building and gravity feed; open side of building that is turned away from Route 101 with waste processing that is unseen from those sight lines; architectural character given to exterior facade to make structure visually pleasing; creative landscaping to soften the industrial area. WSG/Ukiah Rail Transf~ Station 12,1997 1.3 Rail Transportation From Ukiah WSG's approach to rail transportation of solid waste over the years has been to use rail routes that minimize the transport turnaround times for equipment, and to use equipment and technology that is simple to operate and relatively low on maintenance. WSG proposes a rail transport system for Ukiah's solid waste that meets those criteria and has been used successfully in the past by WSG and its affiliated company, ECDC Environmental. WSG will procure approximately 50 high volume containers (60+ cubic yard) and 17 railcars dedicated to the Ukiah project and sufficient to handle the projected wastestream from the transfer station. Each day's waste will be top-loaded from the transfer station into the containers waiting on railcars below the transfer station floor. Once a container is loaded, its railcar will be pulled by an electric motor from under the transfer station floor, its lid will be closed, and it will be set out on the dedicated siding for daily or every other day pick-up by the Northwestern Pacific train. The NWP train heading south from Ukiah will attach any loaded waste cars to the back end of the train and head south to the Bay Area. The NWP, in conjunction with the California Northern, will leave the loaded waste cars at WSG's off-loading site in the vicinity of the Potrero Hills Landfill, and will pull from the site any empty railcars with waste containers that are heading back to the Ukiah transfer station. WSG has allotted 6-7 days for each container and railcar to make a complete "loop" from the Ukiah transfer station-- to the PHL landfill -- and back again for loading at the transfer station. Although the actual train running time is only 4-5 days, WSG's experience with the interchange of railroads, the loading and unloading of waste containers, and the need for some extra equipment to meet any surcharges or contingencies has yielded a slightly conservative assumption. WSG's container system allows for the quick conversion to the use of trucks in the event that the rail is unavailable for any reason. WSG has identified local trucking companies with appropriate trailers that can haul waste containers as a back-up to the rail. Moreover, as WSG is one of the leading waste-by-rail companies in the country, we will keep abreast of any changes in transport equipment technology prior to procurement of Ukiah's equipment, and we will assure that whatever equipment configuration we choose for the project is the most efficient and reliable available. 1.4 Disposal at Potrero Hills Landfill When WSG was searching for a disposal partner with which to combine our rail transport experience for submitting proposals to Mendodno and Humboldt counties, we looked at every landfill in California, Nevada and Utah with regard to three criteria: (1) proximity to and cost of rail from the North Coast; (2) cost to use the site; and 3) environmental integrity of the site. Utilizing these three criteria, the site that was the clear winner was the Potrero Hills landfill in Fairfield-Suisun. We entered into an exclusive rail transport agreement with PHL. WSG/Ukiah Rail Transl., Station D~/~r 12,1997 Potrero Hills Landfill, Inc. (PI-IL) is a Subtitle D lined landfill located in Solano County in Northern California. The landfill began operations in 1986 and has established itself as one of the most environmentally sound regional Subtitle D landfills in the State of California. The landfill has had no compliance violations with either the Regional Water Quality Control Board or the Local Enforcement Agency since it began operations. The Potrero Hills Landfill (PI-IL) currently accepts municipal solid waste from Amador, Solano, Contra Costa, and Napa counties, and most recently, from Fort Bragg via long-haul truck. There is sufficient capadty at PI-IL to handle waste from the Ukiah transfer station for the next 20-30 years. PHL has guaranteed that capacity to WSG and has also guaranteed that the base Solano County host community fee will not change over the life of the contract with the City of Ukiah. More details on Potrero Hills Landfill can be found in Section 4 of the proposal. 1.5 Project Management Team As the largest waste-by-rail operator in the State of California, during the past five years Waste Solutions Group has transferred and transported more than 1.5 million 'tons and in excess of 25,000 rail containers out of its Northern California rail transfer operation. During that period, WSG's largest waste customers have included: the City and County of San Frandsco; the City of Oakland; City of Emeryville; State of California Department of Transportation (Caltrans); East Bay Munidpal Utility District; Santa Clara Valley Water District; Union Pacific and Southern Pacific Railroads. WSG principals and staff have extensive expertise in transfer station planning, operations, rail transport and regulatory issues and permitting of solid waste facilities. Although there are many experienced small, mid-sized and large transfer station operators readily available on a subcontract basis, there are only a few experienced waste-by-rail operators anywhere in the country. WSG has earned a nationwide reputation over the past five years as one of the most successful and reputable rail transfer and transport companies in the nation. Details of that experience can be found in Section 5 of this proposal. 1.6 Project Implementation Schedule WSG has proposed an aggressive, yet achievable schedule of project permitting, construction, and implementation to meet the antidpated closure schedule of the City of Ukiah's landfill in Summer, 1999. The planning, permitting and development of the project will be tightly and directly managed by Waste Solutions Group, with a reliance on outside consultants only in those areas where WSG does not hold expertise (e.g. design, traffic studies, engineering, and construction). With WSG's past hands-on experience working on transfer station permitting and development, and with their knowledge of CEQA and their contacts in both the applicable regulatory agendes and construction industries, WSG's involvement in the project gives it the maximum chance of meeting timelines required by the City. WSG/Ukiah Rail Transfer Station D~c~mb~r 12,1997 1.7 Project Costs The projected cost of design, permitting, financing, site improvements, and construction of WSG's Ukiah Rail Transfer Station is approximately $1.6 million, inclusive of relocating the County's Hazmobile shed to another area of the site. The capital cost of equipment for operating inside the transfer station is $250,000. Rail equipment and off-loading equipment for the transport of the solid waste to the landfill will cost approximately $850,000. The total capital cost of the project will be $2.7 million. WSG has received preliminary commitments from both Bank of America and GATX Capital Corp. for the financing of all construction and capital equipment costs, subject to well-structured contracts for receipt of waste. Regarding the overall cost of the rail system versus trucking, a summary table comparing the proposed costs and rate reductions of the SWS trucking and WSG rail systems appears on the following page. Although WSG's Ukiah Rail Transfer System costs approximately 3.5-8% more than the trucking proposal (depending on tonnage scenario), the cost of the WSG rail system still results in a 1-7% reduction below what City residents and businesses currently pay for solid waste. Moreover, members of the City Council seem to understand that the rail system has certain environmental and quality-of-life advantages that translate into cost savings (e.g. less pollution, less fossil fuel use, less traffic, less wear-and-tear on local roads and highways) as well as some clear economic development advantages (more industrial development, more job opportunities, more likelihood of excursion and passenger service for Ukiah) which bring significant benefits to the City and region, but which heretofore have not been quantified by the City. 1.8 Project Financing Waste Solutions Group, and its principals, have financed and/or structured over $700 million in solid waste projects over the last decade. One of Waste Solutions Group's principals, William Gay, was a Vice President at the Chase Manhattan Bank in the 1980's, where he specialized in the solid waste industry. Prior to co- founding Waste Solutions Group he was Chief Financial Officer of the 4th largest solid waste firm in the country. For this project, WSG proposes to finance the construction costs, and possibly the rail equipment costs, utilizing tax-exempt debt. The most logical provider of funds for this project will be the California Pollution Control Finance Authority (CPCFA). Working with the City of Ukiah, CPCFA financing should be available, and at all-in rates of less than 8.0%. Once CPCFA financing is secured we would propose passing those savings to the City. If CPCFA financing is not available, we propose more traditional financing through banks and leasing companies. Please see Section 8 of this proposal for letters of intent from Bank of America and GATX. WSG/Ulciah Rail Transfer Station D~cm~r 12,1997 Proposed Rates for Waste Solutions Group Rail Transfer System fPer Ton) ...................... ~..s....:::~:....~ :~::~i.s..-' :.o:~ ......................... ~ ................ ~.: Transfer: ' "$i'~;~'~ ..... ' ............ ~-'~;~ ...... $8.74 ' '~.0'i'"" Transportation by Rail: $16.18 $15.34 $15.29 $15.04 Disposal at Potrero Hills: $21.00 $21.00 $21.00 $21.00 Construction: $5.93 $4.06 $3.66 $3.23 Total Cost Per Ton: Rail $56.10 $49.89 $48.69 $47.28 Savings if Humboldt Joins: $1.20 $1.30 $1.33 $1.38 Cost P~~er Ton with Humboldt: $54.90 $48.59 $47.36 $45.90 ~ i~I i The above-listed rates are subject to an annual adjustment beginning 7/1/2000 of 75% of the Consumer Price Index for All Urban Consumers, San Francisco-Oakland-San Jose, California, All Items, as published by the U.S. Bureau of Labor Statistics. Construction costs are not subject to CPI increases. In no case shall the CPI adjustment exceed 5% in any single year. Gate Rates at the Transfer Station for Self-Hauler~ The initial first-year rat~s at the Transfer Ctation gate for private self-haulers who are, at WSG's discretion, charged on the basis of volume due to small amounts of waste will be as follows: $7.95 per cubic yard $1.95 per 30-gallon can WSG/Ukiah Rail Transfer Station December 12,1997 1.9 Key Contract Terms WSG understands that an expedited contracting process is key to keeping this project on schedule. Thus, we have included as Appendix A of this proposal a mark-up of the MSWMA contract, which we understand the City had previously reviewed and preliminarily approved when it voted to covenant its waste to MSWMA. As an option, the City may elect to contract directly with Waste Solutions Group for transportation and disposal services only. We have included on diskette, as Appendix B, a copy of a draft transport and disposal contract. Finally, we have included as Appendix C of this proposal a mark-up of the ground lease that the City entered into with the developer of the Federal Express facility at the airport. We have used the City's lease as a template for WSG'S lease from the City of the vacant 2.5 acre parcel at the wastewater treatment plant for use as Ukiah's Rail Transfer Station. The contract and lease of the site have the following proposed key terms which we believe are advantageous to the City in pursuing its long-term solid waste system: 1. Stable prices for transfer, rail transport, and disposal services over life of contract, with prices increasing only at 75% of the CPI; 2. Lease revenues to the City for use of vacant property adjacent to the wastewater treatment plant; 3~ Ownership by City of both the improvements and underlying land at end of contract term, with City buyout provisions after 10 years; 4. Firm commitment to rail transport and secure trucking back-up system in the event the rail is unavailable for any reason; 5. Project financing by CPCFA, Bank of America, or GATX Capital Corp. We are committed to an intense and short contract negotiation process (on past projects we have gone from start to execution of a contract in just a few days "locked in a room" with a staff). If Council has the will and votes to pursue this project with Waste Solutions Group, and if City staff is committed to move this process forward quickly, WSG will see that every resource available is applied to get the job done. Where there's the will, there's a way. WSG/Uldah Rail Transfer Station December 12,1997 1 Rail Transfer Station Design & Operations 2.1 Overview of Rail Transfer Station Site and Facility Waste Solutions Group proposes to lease City of Ukiah-owned property directly adjacent to the wastewater treatment fadlity on Plant Road just south of Ukiah. The parcel on which the facility will be sited is approximately 2.5 acres and is situated on the northwest portion of the wastewater treatment plant property. An aerial photograph of the site appears on the following page and WSG's proposed Rail Transfer Station Site Plan appears on the following page. As mentioned in the previous section, the building has been placed on the site such that the open end is facing away from Route 101 and away from any visual sight lines from the general public. Thus, any sights, sounds or smells from trash processing at the transfer station will be facing eastward over the treatment plant and vineyards, totally screened from the public by the west facade of the building. The site will be professionally landscaped to make it an attractive addition to the predominantly industrial area. Landscaped areas can be seen in green on the site plan. WSG has budgeted for improvements to Plant Road near the treatment plant to allow for a smooth flow of traffic in and out of the site. The weigh scales have been located well into the transfer site so as to prevent any queuing of vehicles out onto Plant Road. 2.2 Transfer Station Site Plan WSG's proposed Rail Transfer Station site is located on City of Ukiah property at the Sewage Treatment Plant at the end of Plant Road. The property is located within the City limits. WSG proposes to situate the transfer station on a 2.2-acre vacant parcel at the northwestern comer of the treatment plant, with a .3 acre access road in from Plant Road along the rail and kennel. The site is adjacent to the treatment ponds, the MSWMA HazMobile parking structure facility, the kennel and the NWP railroad. The perimeter of the transfer station property to the west, north and east will be enclosed by a 6' fence planted with vines. WSGIUkiah Rail Transfer Station 12,1997 ==: Aerial Photo of Proposed Rail Transfer Site 2.2.1 Site Plan The following page presents WSG's overall Rail Transfer Site Plan showing the property boundaries, fencing, general layout of the scalehouse and transfer buildings, paved areas, traffic circulation, and the NWP rail spur. The MSWMA HazMobile shed is proposed to be moved to the eastern section of the property. Employee parking will be situated directly adjacent to that shed. 2.2.2 Circulation of Traffic The entrance to the facility will be at the end of Plant Road. Access will be from South State Street over the Plant Road overpass, across Taylor Drive and left into the driveway. The driveway will be widened and the drainage ditch built over with a 36" culvert. These improvements will serve to provide a better turning radius. Signs identifying the transfer station location will be posted along South State Street, at the intersection of Taylor Drive and Plant Road, and at the entrance to the facility. The driveway between Plant Road and the scalehouse will have two access lanes and will be approximately 300' long. As such, there will be a combined 600' total queuing space for vehicles entering the facility. Vehicles entering the driveway will proceed to the scalehouse where tipping fees will be assessed. A sign listing the types of wastes accepted, rates, hours of operation and contact telephone numbers will be posted at the scalehouse. After payment of fees vehicles will proceed along the driveway and up into the transfer station driveway where a flagman will direct them to tip. On weekdays, the building will be divided into tipping areas for commercial trucks and a separate area for self-haulers. On Saturdays, the entire building will be opened to self-haulers. Haulers will tip their loads within the transfer station building and then exit back along the driveway. As required, certain loads will take a tare weight upon exiting and fees will be assessed as based upon the tare vs. the heavy weight. Vehicles will then exit to a right hand turn onto Plant Road. WSG/Ukiah Rail Transfer Station I2,1997 %.40' ~o 4o ~ 2.3 Transfer Station Building Design The WSG Rail Transfer Station building itself is depicted on elevation drawings on the following pages. Its floor space is approximately 10,500 ft2 and is rectangular in shape. The open side of the building faces east towards the sewage treatment plant and away from Highway 101 and other sensitive receptors. The building is three-sided and is a pre-engineered steel frame structure with corrugated steel wall construction. There is a small office with a unisex restroom inside on the south side of the building. The building is designed to provide capadty for an average 150 tons per day for a 6-day per week operation, with peak average loading capacity of 300 tons. It is also designed to accommodate peak public self-haul traffic on Saturdays (as described in the MSWMA Proposed Transfer Station Environmental Impact R~. ortO, when the entire tip area, with the exception of one commercial bay, will be devoted to tipping by self-haulers. 2.3.~ Utilities & Drainage Power and phone service will be provided from Plant Road utility hookups. Water, including a metered water line, fire hydrant, and sewer hookups will be drawn onto the property. Wastewater from floor cleaning activities and restrooms will be discharged to the sanitary sewer system. Water from the railcar loading area and the building floor drains will be directed towards an oil/water separator before discharge to the sewer system. 2.3.2 Building Function Inside the building on the re-enforced tipping floor wastes will be compacted by running over with a CAT 977-type track loader. Compacted wastes will then be pushed through slots in the load out area into top-loading railcars stationed on the track below. Loads will then be optimized by a rubber-tire loader with a backhoe attachment to level them out and balance weights. The rail grade alongside the transfer station will be recessed approximately 2 feet below grade. It will be both truck and rail compatible with paving at grade. The loadout port will be constructed of reinforced concrete with a pre- engineered metal lean-to building on top of the concrete floor. The building will be surrounded on West and North sides by reinforced concrete retaining walls. It will be constructed to accommodate tipping height requirements of route trucks and roll-offs such that they may safely tip their loads. The open-sided configuration will allow for adequate air changes. It will be oriented such that it is away from prevailing winds and from view. WSG/Uldah Rail Transfer Station 11 12,1~7 w w O O Z Ill I W w b_ Z w T W W 9~ ; '!5 ,i . · ' 28' I-r1 Z 1.1-1 r'rl O Z I-- O ED O r-i-- mO ZED I O O-4 24'-6" I -H C C~ 0 ITl ~C~ ~>' --I I'TI ~>1 Or--lq C z >~ ZFq I Fn OFn 0 0 EAVE 28' HEIGHT 2.4 Transfer Station Operations Transfer station hours will be from 7:00am to 4:00pm, Monday through Saturday. The facility will be dosed on Sundays and major holidays including Thanksgiving, Christmas, and New Years Day. At this time, it is proposed that the transfer station will be open only to commercial trucks during the first hour of each day so that those critical vehicles can get into and out of the transfer station as quickly as possible. After 8:00am, the facility will be open to the general public. The transfer station floor will have separate areas for commercial trucks and self-haulers to tip. Keeping the public and commercial haulers separate is important for safety and efficiency for everyone involved. What follows is a general description of procedures for commercial trucks and self-haulers. 2.4.1 Commercial Loads Commercial trucks arriving at the transfer station will be weighed upon arrival. After obtaining a heavy weight, they will then proceed to the transfer station where a flagman will direct them to tip their loads within the commercial tipping area. After tipping, the drivers will dean off any loose debris from their trucks prior to leaving the building. The trucks will then exit the transfer station. In general, tare weights for commercial trucks will not need to be taken as this will be a known weight. 2.4.2 Self-Haulers Self-haulers will have their loads assessed and a fee levied at the gate by the scale attendant who will also perform a load check to make sure incompatible wastes are not disposed. Smaller loads will be assessed a projected per-can rate of $1.95 for a 30-gallon can or equivalent, or $7.95 per-cubic yard. Self-haulers arriving with significant loads will be charged the per-ton fee based upon actual truck scale weights. Heavy-load self-haulers will pay their fees upon taking a tare weight after tipping their loads and prior to exiting past the gate house. After arrival at the transfer station, self-haulers will drive to the transfer building where a flagman will direct them to the self-haul tipping area. After tipping their loads, they will exit the transfer station and drive out past the gate house. 2.4.3 Processing of Wastes and Loading of Containers At least every other day, the Northwestern Pacific train will bring empty containers on rail cars to the transfer station track and will pull the loaded containers and rail cars from the facility for the trip to the container off-loading area. Prior to loading, the lids will be opened and the containers inspected by transfer station personnel to ensure end gates are dosed and sealed and that each container is suitable for loading. WSG/Ukiah Rail Transfer Station 15 Dec~nber 12,1997 As a sufficient amount of wastes are accumulated during the course of each day, the equipment operator will compact the wastes by running over it several times with a track-loader. All processing of wastes will take place near the commercial tipping area of the transfer station floor and away from the self-haulers. As the wastes are compacted, they will be pushed through a slot in the transfer station floor and into top-loading containers on railroad flatcars positioned on railroad tracks below. As each rail container is loaded, the operator will adjust and optimize the loads utilizing a backhoe attached to a wheeled loader, stationed next to the loading port. When the containers are loaded, they will be moved along the tracks until the next container is in position for loading. As loaded containers exit the transfer loading area, the tops will be dosed and secured and the containers again inspected by transfer station personnel. This process will be repeated throughout the course of the day. Best efforts will be made to ensure the tipping floor is cleaned every night of wastes. 2.4.4 Transfer Station Equipment For operations at the transfer station, Waste Solutions Group plans to use the following equipment: Floor Compactor (Caterpillar 977 or equivalent) Rubber-Tired Loader with Backhoe Attachment 2.4.5 Operating Personnel Job descriptions for Transfer Station personnel are presented below. These job descriptions outline general duties and responsibilities for each position. , An organization chart showing the reporting lines and coordination of these operational personnel appears on the following page. It is the goal of WSG to cross-train personnel such that they can cover other transfer station duties during the extended work week and when others are sick or on holiday. On any operating day, there will be a minimum of three trained personnel to operate the station. There will be a scalehouse attendant, an equipment operator and a foreman/laborer/flagman. On Saturdays when there is a tendency for more self-haulers, another laborer/flagman will assist. WSG will provide general administration. Transfer Manager/Scalehouse Attendant The Transfer Manager's primary duty is to ensure smooth operations and safety at the Transfer Station. In addition to load checking and duties at the scalehouse, he/she will act as interface with the public, the commercial haulers, the NWP Railroad, the landfill, and the City. Administrative functions will be carried out including, but not limited to, communication with facility vendors, billing of railcars to the NWP, and basic accounting. Additionally, the Transfer Manager will address general Transfer Station inquiries from the public. WSG/Uki~ Rail Tnmsf~r Station 16 12,1997 The Transfer Manager will also be responsible to interface with Waste Solutions Group management to ensure the transfer station is properly operated and that all equipment is in proper working order. Duties and responsibilities will extend to the Transfer Station floor where safety and operational coordination of employees and the general public will be tantamount. As necessary, the Transfer Manager should also be trained to operate the heavy equipment and know the duties of the laborers such that in times of emergency, he/she may accomplish the duties of those positions. This position will be full- time and salaried. Flagman/Laborer/Load Insp¢ctor/Fpr~na~: This person will be responsible to orchestrate activities between the self-haulers, the commercial truck operators, and WSG transfer station operating personnel. As self-haulers arrive, he/she will make sure they are directed towards the self-haul tipping area. He/she will direct the equipment operator to move loads of wastes with a front-end loader towards the floor compactor area. Upon arrival of commercial haulers, he/she will direct them towards the commercial tipping area near the compactor. He/she will inspect loads for hazardous or other unacceptab]e wastes as the wastes arrive and/or after tipping on the transfer station floor. Such wastes will be removed by him/her and either given back to the disposer or placed in temporary storage at the MSWMA hazardous waste station or for subsequent removal to an appropriate facility as directed by the Transfer Manager. As containers are properly loaded, he/she will direct the equipment operator to move rail equipment such that the next container may be loaded. In addition, he/she will dose the lids and inspect containers prior to departure from the Transfer Station to assure railcars are properly secured. At the end of the day, this person is responsible to dean the transfer station floor and to make sure the interior of the building is dean. This position will be full-time, hourly. Equivment Operator: The equipment operator will manage the compaction and loading of wastes on the transfer station floor. He/she will operate the floor compactor and the loader/tamper and will be responsible to ensure that wastes are properly loaded into the containers and that optimal weight and densities are achieved. His/her duties will include enSuring all equipment is in proper running condition prior to each shift (inspection checklist) and to conduct minor maintenance if required. In addition, the Equipment Operator may assist with duties of the Flagman/Laborer as necessary. This position will be full-time, hourly. WSG/Ukiah Rail Transfer Station 17 D~/~ 12,1~7 Maintenance Worker/Floater: A floater who is cross-trained to perform all duties in the transfer station will be required. This person will fill in during the course of the week as other employees come up on their 40 hours. This person will also provide surge labor on busy days such as Saturdays to assist with the higher volumes of self-haulers. For higher tonnage scenarios (e.g. 45,000 tpy or more) an additional floater position has been budgeted. From the job descriptions outlined above and a 56-hour week, three personnel (a scalehouse attendant, one operator, one laborer) should be conducting transfer operations at any given time. This figure may increase by one position with changes in tonnage. ~ 2.4.6 Waste Solutions Group Operational Role Waste Solutions Group will provide management, administrative support and regulatory oversight to ensure the transfer station is operating effidently and remains in full compliance with all applicable local, State and federal laws and regulations. To this end, WSG will be responsible for the screening, hiring and training of any new employees. Additionally, WSG will be responsible for conducting weekly "tailgate" safety meetings with employees to discuss safety issues and to ensure proper coordination of transfer station operations. In close coordination with City of Ukiah staff, Waste Solutions Group will develop, install, and manage a solid waste accounting and billing system at the transfer station scalehouse. Upon request and by appointment, WSG will conduct facility tours and answer general inquiries from the public. WSG/Ukiah Rail Transfer Station 18 December 12,1997 City of Ukiah-WSG Rail Transfer System Ongoing Transfer & Transport Operations Organization Director of Public Works City of Ukiah William Graham WSG Project Manager / Transfer Station Manager L Scale 0 )erator / Floor Manager/Flagman David Gavrich WSG Executive-in-Charge Patrick Brown WSG Rail Logistics Laborer Loader Operator I -I Railcar Mover ~ (NWP) Ukiah Rail Transfer System Waste Solutions Group_ December 12, 1997 111 Rail Transportation From Ukiah 3.1 Background of WSG in Rail Transport WSG has had over five years of experience coordinating the rail transportation and disposal of approximately 1.5 million tons and 25,000 containers of waste products from the Northern California region. It is with the knowledge and experience derived from WSG's successful rauil transfer operation in the Bay Area that we now approach the transportation plan for the Ukiah transfer station project. 3.2 Approach To Rail Transport From Ukiah WSG proposes to use for the Ukiah Transfer Station Project a tried and tested transportation mode with a modern generation of container-rail car configuration. This configuration combines high-volume containers (62 cubic yard) placed on specially-designed rail flatcars. Enough containers on rail cars will be dedicated to this project such that there will be container/rail car sets continually available on track at the transfer station to be loaded during transfer station operating hours. It is anticipated that the transfer station will be designed for rail cars and containers to be pulled on track in a "tunnel" beneath openings in the tipping floor so that municipal waste residual can be pushed by loaders through those openings into the containers below (see Building Drawings in Section 2). Once each rail car is loaded with waste, a system utilizing an electric motor and cable will pull the loaded car out of the way, and place an empty car into position in the ttmnel. The loading and rail car positioning process will continue throughout the day until all of that day's waste has been loaded from the tipping floor into containers. At least every other day, the local Northwestern Pacific train will bring empty containers on rail cars to the transfer station track and will pull the loaded containers and rail cars from the facility for the trip to the container off-loading point at an WSG's intermodal yard near the landfill. At the intermodal yard, a "piggy-packer" or heavy duty forklift will take loaded containers off the flatcars and place them onto low-bed trucks for the truck trip to the landfill. At the landfill, the truck and trailer will drive onto an existing Columbia Tipper, the doors of the container will be opened, the truck and container will be raised, and the contents of the container will be dumped onto the working face of the landfill. The container will then be cleaned, inspected, and driven back to the intermodal yard for re-loading onto a flatcar and the return trip to Ukiah. Any maintenance to the containers will be done at the landfill by trained personnel. WSG/UMah Rail Transfer Station 19 Decemin~ 12,1997 3.3 Frequency and Timing of Trips At this time, WSG estimates that loaded containers on railcars will depart from the Ukiah transfer station every other day or three times per week. The estimated one-way trip time to PHL from Ukiah for regularly scheduled freight service is two days. Conservatively, the total round-trip, including loading waste at the transfer station, pick-up by the NWP, travel to the Cordelia/Suisun area, lifting on/off rail, dumping, container inspection and maintenance, travel back to Ukiah, and repositioning at the transfer station for loading with waste is 7 days. 3.4 Train Routes To Landfill 3.4.1 Primary Route The primary route of transportation is presented in the map on the following page. It will utilize rail for the long portion and trucking for the short dray from the off- loading area into the PHL landfill and back. 3.4.2 Alternate Mode of Transportation In the unlikely event of disruption in rail service, WSG proposes to contract with a local trucking firm to transport wastes by truck to PI-IL. These trucks would be loaded in the transfer station tunnel which will be paved at grade. WSG will maintain a "standby pool" of local trucking firms with available equipment sufficient to continue undisrupted service in the event they are needed to do so. 3.5 Type and Quantity of Rail Equipment WSG proposes to utilize three 62-yard metal containers per rail car for the Ukiah/Plant Rd. project. These 12-foot high containers have been successfully utilized in the North Utah County project for the past five years. The containers are manufactured by Accurate Corporation, specifically for use to haul municipal solid wastes. Each container will be top-loading and will have metal lids to provide a secure seal of waste inside. Photos of the containers used in North Utah County appear on the page following the route map and container and flatcar specifications appear on the subsequent pages. Each 62-yard container has a tare weight of 4 tons and can hold a payload of 21 tons of municipal solid waste. Each rail car will hold a maximum of 63 tons of waste materials in the three container configuration. Based upon a 7-day round-trip time and average loading of 150 tons per day, an estimated 50 containers will be needed for this service. Allowing for three containers per flatcar, approximately 17 flatcars will be needed and will be purchased by WSG for the Ukiah project. WS(;/Ukiah Rail Transfer Station 20 December 12,1997 Rail Route: Ukiah to Potrero Hills i{EUREKA / ARCATA HUMBOLDT BAY DOCK8 I/ EI,/R, fftOI BLUE LAKE ..gA~OA ;~ ITA FORT BRAGG CMJ_Pf'll~ UKIAH 0 /'/OPLA~DC City of Ukiah Plant Rd. Transfer Station CORN/,'~. /0 t /./ i .gAN CI PATTERSON _'5,0_~ '"\ } GUSTINEON x~'~o ,os ~v~o.~ '~'"'"',.~ ~ ,~'ES, vO OX'x, \ \ \ TO LOS TO DENVET?, CHICAGO WSG's Type of Containers At Work Waste from North Utah County Transfer Station being loaded into containers waiting on mil cars in tunnel below tipping floor. Loaded containers o~tside of Transfer Station waiting te be covered and pulled away by daily SP switch engine. Containers arriving at ECOC being lifted from rail cars by, l OO-ton automated crane. Container Schematics I I I 1 Disposal at Potrero Hills Landfill 4.1 Overview of Potrero Hills Landfill Potrero Hills Landfill, Inc. (PHI,) is a Subtitle D lined landfill located in Solano County in Northern California. The landfill began operations in 1986 and has established itself as one of the most environmentally sound regional Subtitle D landfills in the State of California. The landfill has had no compliance violations with either the Regional Water Quality Control Board or the Local Enforcement Agency since it began operations. The Potrero Hills Landfill (PHL) currently accepts municipal solid waste from Amador, Solano, Contra Costa, and Napa counties, and most recently, from Fort Bragg via long-haul truck. The landfill is located approximately 4 miles from the junction of the California Northern and Union Pacific Railroads. The Northwestern Padfic Railroad's Schellville yard is approximately 20 miles away on State Hwy 12 which runs directly to the landfill. Potrero Hills Landfill has an agreement with Waste Solutions Group for WSG to serve as the exclusive rail transporter of solid waste shipped to PHL from within either Mendocino or Humboldt Counties. Waste Solutions Group has an agreement with Potrero Hills Landfill for PHL to be the exclusive landfill for any waste that WSG rail transports from either Mendocino or Humboldt Counties. In addition to disposal services, PHL will also provide local trucking from the WSG off-loading yard to the landfill. 4.2 Ownership of the Landfill The Potrero Hills Landfill is a California Corporation. It is privately owned and operated. The same ownership group owns two other affiliated companies: 1) Richmond Sanitary Service which provides collection and disposal services to the City of Richmond and areas in western Contra Costa County; and, 2) Solano Garbage Company which provides collection and recycling services to the titles of Fairfield, Suisun City and unincorporated areas of Solano County. 4.3 Description of the Landfill The Potrero Hills Landfill (PHL) has been in operation for over 10 years and is a long-range, regional solid waste disposal facility founded on the goals of high environmental quality and efficiency of operations. The disposal site is a Class HI landfill that receives primarily munidpal wastes, construction and demolition debris, and biosolids. WSG/Ukiah Rail Transf~ Station I2,1997 The waste tonnage handled ranged from 400 to 850 TPD7 (tons per day averaged over 7 days) since the initial operation began in 1986. In late 1996 revisions of the site operating permits were authorized and the waste tonnages now average above 1000 TPD7. The permitted daily average capacity is 3400 TPD7, with a maximum peak of 4,330 tons per day. 4.4 Location of the Landfill The site is located in unincorporated Solano County off State Route 12, approximately 7 miles east of the Interstate 80/State Route 12 interchange, and about 15 miles west of Rio Vista on Highway 12. The site is located approximately 4 miles from the junction of the Union Pacific Railroad's mainline and the California Northern line serving the North Coast of California. The Site Plan for the landfill on the following page displays the general site layout of the 320-acre landfill property within which 190 acres are currently permitted for waste disposal. 4.5 Waste Types and Quantities Handled The disposal site is a Class IH, Subtitle D lined landfill that receives primarily municipal solid wastes, construction and demolition debris, and biosolids (wastewater sludges). No Class I hazardous wastes or Class Il designated wastes are accepted. 4.6 Import Restrictions The site has been developed as a regional landfill and there are no restrictions on waste import from areas outside Solano County. Therefore, PHL is permitted and able to accept waste from Mendocino County. WSGfl. lkiah Rail Transfer Station 26 0,~,,,~,, 12,1997 More than just a landfill ' Recycling Bins Self-Haul Unloading Facility -----e Soil Stockpile Site :e e~Wood Recovery _ Metals Salvage Composting Concrete Recycling ~ Asphalt Recycling ~ BJosolids Use ~'f / / / / Cattle Grazi g Silt Control Basins ~ Initial Landfill Area Eagle's Nest Potrero Hills Landfill - Recycling & Composting Area 4.7 Traffic Restrictions The maximum traffic trips is 1,000 ADT (Average Daily Trip [ADT] total of inbound & outbound vehicles trips). The current normal traffic volume at 1000 TPD7 (tons per day, 7 days per week) is about 400 ADT, with many of those trips being autos and other non-commerdal vehicles. It should be noted that the next 1000 TPD of wastes anticipated to be delivered to the site is expected to arrive via transfer vehicles. At 20 tons per load capacities, 50 additional truck loads would occur daily with a new ADT of 100. Thus, adding this amount to the current 400 ADT still will leave an additional permitted traffic amount of 500 ADT. The addition of the Ukiah/Mendocino project will add only 10 to 15 ADT. A Ukiah/Mendocino project represents relatively negligible amounts of additional traffic. Hence, there are no significant traffic restrictions or constraints to accept waste from the City of Ukiah and the other jurisdictions of Mendocino County. Under its revised permits the landfill is open to receive wastes from 5 a.m. to 12 midnight, 6 days per week. The major highway transportation route to the site is State Hwy 12. The State Hwy 12 segment from Interstate 80 extending through Fairfield and Suisun to the landfill has recently been improved and widened to four lanes. In 1997, the turnoff from Hwy 12 where traffic exits into the landfill was widened to accommodate turning lanes as part of the revised landfill permit mitigation requirements. Several rail-served properties near the landfill are being considered for the lifting of containers from the rail onto truck trailers for the short shuttle to the landfill. No permits are required to lift containers from the rail. All properties under consideration for the off-loading of containers are rail-served industrial properties directly accessible to State Hwy 12. 4.8 Design Features of Landfill - Subtitle D Status The landfill employs the following programs to meet Subtitle D requirements and ensure environmental protection. The design of the Potrero Hills Landfill Base Liner System has been consistent with governing regulations. The original State Chapter 15 regulations were superseded by federal EPA Subtitle D and new State CCR Chapter 15 regulations in October 1993. WSG/Ukiah Rail Transfer Station 29 I2,1~97 The initial 50-acre landfill area was developed between August 1986 and October 1993 consistent with the original Chapter 15 regulations. Areas of the landfill underlain by formations with permeabilities exceeding lxl0-6 m/sec were provided with an engineered compacted clay liner with a minimum permeability of lxl0-6 cm/sec. Thus, a minimum of five feet of compacted day soils underlies the initial 50 acre clay-lined landfill pre-Subtitle D zone. During the summer of 1994 the first landfill cell was constructed with a composite clay/geomembrane liner as required by Subtitle D and revised Chapter 15 regulations. The next extension of this lined area is scheduled for 1997. Similarly, the remaining portions of the 190--acre permitted landfill site will be constructed with a composite base liner in stages as the filling progresses across the site. The landfill base in the Subtitle D zone consists of the following (from top to bottom): 18-inch-thick compacted soil pad operations layer geotextile filter fabric 12-inch-thick gravel leachate collection zone 80-mil HDPE single sided textured geomembrane 24-inch-thick low-permeability (clay) layer with permeability of less than or equal to lxl0-6 cm/sec native soil and bedrock foundation All wastes received from Ukiah and partidpating Mendocino jurisdictions will be landfilled in the Subtitle D section of PHL only. 4.9 Current Daily Tonnage Received The current wastestream averages 1000 TPD7. By mid-1998 another 700 TPD7 are expected to be received from western Contra Costa County. A Ukiah/Mendodno project would add approximately 150-180 TPD7 to the current flows beginning in early 1999. 4.10 Remaining Permitted Capacity The permitted 190-acre disposal site has a total site capacity of 21.5 million cubic yards. Between August 1986 and November 1996, approximately 3.8 million cubic yards of landfill space were consumed. Remaining landfill capacity as of November 1, 1996 was estimated at 17.7 million cubic yards. Using the average fill ratio achieved at the site of 1.8 cubic yards of landfill space consumed per 1 ton of landfilled waste received, approximately 9.8 million tons of wastes remain to be disposed at the site. WSG/Ukiah Rail Transf=, Station 30 D~nbcr 12,1997 The rate at which the remaining site capacity will be consumed is dependent on the future wastestreams received. A firm commitment is being made by WSG and Potrero Hills Landfill in this proposal to set aside adequate landfill capacity for Ukiah and the participating Mendocino jurisdictions under the terms of the various disposal quantities for the contract term. 4.11 Potential Expansion Capacity An additional 210 acre parcel, purchased by Potrero Hills Landfill, Inc. and located adjacent to the approved site, can provide from 12 to 18 million cubic yards of additional landfill capadty. This future landfill expansion potential has been included in the Solano County Integrated Waste Management Plan. PHL is currently pursuing the expansion and feels confident that its application process will be successful. An additional 726 acres of adjoining land has also been purchased providing a buffer from all neighboring land uses. 4.12 Schedule To Receive Ukiah's Waste The Potrer0 Hills Landfill is currently fully permitted, open, operational and prepared to receive all of Ukiah and Mendocino County's waste. All of the necessary landfill equipment including the Columbia Tipper is at the landfill and is fully functional. Therefore, service could begin immediately upon execution of a contract with the City and any participating jurisdictions. WSG/Ukiah Rail Transfer Station 31 D~.~nb~r I2,1997 1 Project Management Team 5.1 Transfer Experience of Waste Solutions Group The principals of Waste Solutions Group have nearly 50 years of combined experience in the munidpal solid waste and recycling industry. Waste Solutions Group has been involved in design, permitting, finandng, start-up and operations of a multitude of materials recovery, transfer station, and rail transport facilities. Examples of such fadlities follows: 1) BFI Recyclcry - Milpitas, CA David Gavrich of Waste Solutions Group was the project manager for BFI's first combined materials recovery and transfer facility. He conceived of the project, named and worked to copyright "The Recyclery" name for BFI, obtained $10 million in low-interest tax-exempt construction financing through the California Pollution Control Finance Authority (CPCFA), developed to construction this 500 tpd materials recovery facility and transfer station. Mr. Gavrich's spedfic duties were: facility design, financing, permitting, and site planning. The facility was constructed and became operational within budget and on time. 2) California Waste Solutions- Oakland, CA Waste Solutions Group assisted Oakland-based California Waste Solutions (CWS), a minority-owned recycling firm, to successfully respond to a request for proposal by the City of Oakland for curbside recycling and processing under a 5-year agreement. Waste Solutions Group worked with CWS to specify and purchase rolling stock and materials processing equipment to service the needs 75,000 residential and over 1500 commerdal customers. Waste Solutions Group identified a solid waste processing site, negotiated the purchase of the property, developed a site plan, obtained all State and local solid waste permits, assisted with obtaining $3 million of private finandng, hired personnel and guided the program through start-up. The processing facility was developed on time, within budget, and currently handles over 150 tons per day of recycled products and residual waste. CWS' contract was recently renewed for an additional 5-year term and the service area was doubled by the City of Oakland. 3) Cogido Materials Recovery Facility - Oak!_a_nd, CA Principals of Waste Solutions Group were instrumental in the design and finandng of this 200 ton per day materials recovery fadlity in Oakland. Cogido was designed to process curbside and commercial recyclables. It employed state-of-the-art materials separation and processing equipment and it employed 75 workers. The fadlity was from Cogido purchased by Waste Management, Inc. in 1992. WSG/Ukiah Rail Transfer Station 32 Dec~mber 12,1997 4) Pier 96 Intermodal Facility- San Francisco, CA* Waste Solutions Group, in conjunction with ECDC Environmental, identified and developed this rail-served container yard within the Port of San Francisco at Pier 96. Since 1993, Waste Solutions Group has managed operations at this rail-served facility where containerized industrial wastes are transferred from trucks for rail transport to the ECDC Environmental landfill in Utah. Daily activities include: specification of optimal intermodal equipment with waste types; scheduling loads with customers; lifting containers off of and onto railcars; and, management of rail logistics between ECDC in Utah and Pier 96. Since 1993, approximately 20,000 intermodal (track/rail) containers with approximately 400,000 tons of waste products have been handled through Pier 96 safely and without incident. 5) Navy Lead Rail Transfer Facility- Oakland, CA* In 1989, the Cypress Freeway in Oakland was destroyed in the Loma Prieta earthquake. Beginning in 1993, Caltrans initiated a reconstruction of this freeway - a part of which runs through the old Southern Pacific Railyard. Waste Solutions Group, ECDC Environmental and the Southern Pacific Railroad identified a waste consolidation area within the project alignment where waste products - primarily contaminated soils - are managed and loaded into railcars. In the last four years, over 300,000 tons of waste materials have been loaded into railcars and transported to the ECDC landfill in Utah from this site. Waste Solutions Group was instrumental in identifying the site, obtaining regulatory approval, railcar loading, and rail logistics. * indicates rail-related project Summary The principals of Waste Solutions Group offer the widest array of waste-by-rail and rail transfer experience of any firm in California. Over the past five years WSG has successfully provided transfer and rail transport for over 1.5 million tons of waste materials and 25,000 rail containers. In addition, WSG is well- versed in project development, design, financing and operations of various solid waste fadlities. Principals of Waste Solutions Group have obtained financing for over $750 million in waste-related projects. This past experience and expertise makes Waste Solutions Group uniquely qualified to offer a rail-based transfer, transport and disposal system to .the City of Ukiah and its residents. Rail Tra~fzr Station 33 o~t~,,,~ I2,1997 WSG/ECDC NOrthern California Rail Container Transfer Facility Union Pacific daily train pulling into Pier 96 - San Francisco with ECDC containers and railcars. ECDC containers under load at Pier 96 awaiting daily Union Pacific train to San Jose, Oakland and points east. ECDC single and double-stacked waste containers being prepared for off-loading in San Francisco. Rail Transfer Station Similar To WSG's Proposed Ukiah Project ECDC designed, constructed, and is currently operating this 600-1000TPD transfer station in Ogden, Utah. View of container loading tunnel at Weber County Transfer Station. ECDC "piggy-packer" lift machine taking container off of rail car for loading at Weber County facility. 5.2 Key Personnel & Resumes An organizational chart of the key personnel responsible for planning and developing the Ukiah Rail Transfer System through start-up appears on the following page. A brief description of the management team and their responsibilities in the design, construction and operation of the Ukiah Rail Transfer System appears below. Resumes appear at the end of this section. David A. Gavrich- WSG Executive-in-Char~o for Ukiah Proiect David Gavrich has been actively involved in ~he field of solid ~aste management since receiving his Masters Degree in Planning from Harvard University in 1976. As president of WSG and Western Region Manager for ECDC since the company's start-up in 1992, Mr. Gavrich has been responsible for all project development and implementation for a region that stretches from San Luis ObisPo northward through British Columbia, Canada and Alaska. In that capacity, he has supervised projects with rail transfer, transport and disposal of more than 1.5 million tons of waste materials from both public and private entities. Prior to founding Waste Solutions Group and affiliated ECDC, from 1985-1991 Mr. Gavrich served as Director of Materials Recovery and Recycling for Browning Ferris Industries, Pacific Region. In that capacity, he worked to improve efficiencies at BFI's transfer stations and recycling programs throughout the six state region. He initiated, obtained financing and permitting for, and supervised development of BFI's first materials recovery facility/transfer station, The Recyclery, in San Jose. As part of that project, Mr. Gavrich conceived, obtained funding for, and supervised development of an interactive recycling education center, which has become one of the Bay Area's most popular environmental attractions for tours of both adults and school children. From 1980-1984, Mr. Gavrich served as the Assistant Director, then as the Director of Solid Waste Management for the City and County of San Francisco. In that capacity, he was responsible for supervising a wastestream of almost 2000 tons per day, and of pursuing the City's options of recycling, resource recovery, transfer and disposal. Under Mr. Gavrich's direction, the City began its first curbside collection of recyclables program, which became one of the nation's most successful big city recycling programs, with over 200,000 participating households. Mr. Gavrich began his career in 1976 at the U.S. Environmental Protection Agency's Office of Solid Waste in Washington, D.C. responsible for providing technical and permitting assistance to communities throughout the nation interested in pursuing long-term alternatives for the management of their solid waste. Mr. Gavrich is a former Member of the Board of Directors of the National Recycling Coalition (1985-1990). Since 1992, he has been teaching two courses at the University of California at Berkeley: Applied Economics of Solid Waste and Materials Recovery Facility Development and Operation. Since 1993, Mr. Gavrich has been a consultant to the State of California Pollution Control Finance Authority on the economic feasibility WSG/Ulqah Rail Transfer Station 36 Dec~nb~r 12,1997 City of Ukiah-WSG Rail Transfer System Project Planning & Development Organization Director of Public Works City of Ukiah William Graham Project Manager Waste Solutions Group David Gavrich Executive-in-Charge Waste Solutions Group Patrick Brown Rail Transport Associate Waste Solutions Group ! I I I I I I I I I I I I NWP Railroad I Califoraia Northern RR Uldah Project Rallcar/Contalner Procurement Bill Gay Exec. VP Finance Waste Solutions Group Ukiah Project Accounting & Contract AdministTatlon SenierTransfer Engineer Creamer & Noble Larry Burch Landfill Facility Engineer Potrero Hills Landfill Uklah Transfer Station Development & Oversight Landfill Operations Oversight and Compliance Ulciah Rail Transfer System Waste Solutions Group December 12, 1997 of transfer stations and materials recovery fadlities that are applying for state bond financing. Mr. Gavrich will be the primary contact and liaison with the City of Ukiah for all aspects of this project during contract negotiations and project design and development phases, including final permitting of the proposed transfer station. William T. Graham- WSG Project Manager for Ukiah Project Mr. Graham has gained extensive experience in solid waste planning and project management since entering the field in 1990 as a consultant to Norcal Waste Systems of San Frandsco. From 1991-1992, Mr. Graham served as an associate consultant for EBA Wastechnologies in Santa Rosa, California. While at EBA, he supervised AB 939 planning projects for recycling diversion in small and medium-sized communities including Lake County, City of Eureka, City of Davis and other Northern California titles and counties. In 1992, Mr. Graham joined Waste Solutions Group and ECDC Environmental's Western Regional Office in San Francisco. At WSG, Mr. Graham has been responsible for the planning and management of several large waste transfer, transport and disposal projects including: Caltrans Cypress Freeway reconstruction and environmental remediation; City and County of San Frandsco Cleanwater Program remediation and SFDPW earthquake retrofit clean-up work; City of Oakland Carter Park dean-up; and the Santa Clara Valley Water District excavation and environmentally sound disposal of two old landfills. In addition to his ongoing project management responsibilities with WSG, Mr. Graham has most recently been advising the Bechtel Corporation on the design, development and implementation of a modern waste handling, transfer, and recycling system for a new international airport being developed by Bechtel in Dubai, a country in the Middle East. He is a State of California licensed general contractor with a hazardous materials endorsement. Mr. Graham has an MBA from the University of Southern California and a Bachelors Degree from Chico State University. He will provide project management support on all phases of the Ukiah project, and will serve as liaison with the City along with Mr. Gavrich. William W, Gay- WSG Fin_ance & Accountine Manaeer for Ukl.ah Project Mr. Gay has been actively involved in the solic~waste ~nd financial industries since graduating from Colgate University in 1981. Before his co-founding of Waste Solutions Group, Mr. Gay was the Vice President, Chief Financial Officer and Treasurer of Norcal Waste Systems, Inc., from 1990 to 1991. He also served as a Vice President of The Chase Manhattan Bank, N.A., in New York City. At Chase Manhattan, he served as Senior Manager of the bank's Mergers & Acquisitions, Corporate Finance Group from 1986 to 1990, specializing in the solid waste industry. Mr. Gay will be responsible for working on the project financing and developing accounting and financial controls for the Ukiah Rail Transfer System. WSG/Ukiah Rail Transfe~ Station 37 December 12, I997 David A. Ga vrich President Waste Solu~ons Group 220 Montgomery Street San Francisco, CA 94104 Tel: (415) 421-2044 Fax: (415) 421-1462 Summary of Qualifications · Possess 20 years experience developing and implementing solid waste projects. · Specializes in f'mancial, contractual, and regulatory aspects of projects. · Maintain close contact with municipalities and regulatory agencies in California. Experience Education Memberships Waste Solutions Group/ECDC Environmental San Francisco,CA President 1991-present Spearheaded development of successful waste-by-rail program in California. Developed and implemented rail transfer operations at Pier 96. Provided due diligence to CPCFA projects feasibility. Negotiated contracts and developed solid waste transfer and commercial recycling programs for California Waste Solutions in City of Oakland. Norcal Waste Systems San Francisco,CA Vice President, Corporate Development 1990-1991 Member of Executive Committee in charge of corporate divisions of: environmental compliance; transfer station and materials recovery facilities development; and special waste companies with annual operating revenues in excess of $40 million. Browning Ferris Industries, Inc. San Jose, CA Director of Resource Recovery & Recycling - Pacific Region 1985-1990 Initiated, developed, marketed, and negotiated over $300 million in long-term landfill, transfer station, and recycling contracts. Initiated and received $10 million in tax- exempt CPCFA financing for the Recyclery, BFI's first major recycling facility. City and County of San Francisco San Francisco, CA Director of Solid Waste Management 1980-1984 Hired as Assistant Director (1980-1983), then promoted to Director (1983-1984) to supervise staff and annual budget of $1.5 million for transfer, transport, and recycling programs. Worked with Mayor, Board of Supervisors, and CAO on new state solid waste laws and regulations impacting the City. U.S. Environmental Protection Agency Washington, DC Assistant Manager, President's Urban Policy Program on Waste 1976-1980 Supervised staff of professionals to provide $35 million of f'mancial and technical assistance on solid waste projects to communities across the United States. Served as EPA representative to Congress on this program, and EPA expert on financing capital-intensive solid waste projects. Harvard University Masters Degree in Planning Cambridge, MA 1976 Rutgers College Bachelors Degree in City/Regional Planning and Political Science . Member, Board of Directors, National Recycling Coalition Appointee, California Senate Task Force on Solid Waste Instructor, University of California at Berkeley, 1992-1997 New Brunswick, NJ 1973 William W. Gay Executive Vice President Waste Solutions Group 220 Montgomery Street San Francisco, CA 94104 Tel: (415) 421-2044 Fax: (415) 421-1462 Summary of Qualifications Experience · Possess 15 years experience structuring, advising and financing solid waste ventures. · Maintain close contact with key commercial and investment bankers and law firms. · Hands-on operating experience with major solid waste management company. · Established successful waste by rail program in California and the East Coast. Waste Solutions Group/ECDC Environmental San Francisco,CA Executive Vice President 1991-present Developed waste by rail program out of Northern Califomia to the ECDC landfill in Utah. Executive in charge of contract with California Pollution Control Finance Authority performing due diligence work on dozens of projects in California including waste recovery and transfer stations. Obtained financing for several recycling and waste-related projects. Norcal Waste Systems San Francisco,CA Vice President, Chief Financial Officer and Treasurer 1990-1991 Member of Executive Committee in charge of corporate divisions of: treasury, accounting, MIS, personnel, pension, and insurance. Also Norcal director of a 50%-owned subsidiary in Oregon. Responsibilities included raising of equity and debt capital for the Company. The Chase Manhattan Bank, N.A. New York, NY Project Manager 1986-1990 Senior manager of the Mergers & Acquisitions/Corporate Finance Group. Responsibilities included marketing and execution of private placements, project financings, valuations for tax and other purposes, fairness opinions, leveraged buyouts through ESOP's. Served as in-house specialist on waste management companies and completed over $100 million in transactions. The Bank of New York Company, Inc. New York,NY Project Development Specialist 1981-1986 Reported directly to Chief Financial Officer. Responsibilities included mergers and acquisitions, and capital financing for the holding company. Participated in four successful acquisitions and the raising of $600 million in debt/equity. Education GBA - New York University Graduate major in finance Colgate University Undergradute major in American and Soviet History New York, NY 1987 Hamilton, NY 1981 Memberships NASD Registered Representative (Series 7 and 63 Certified) Member, American Bankers Association Member, The Solid Waste Association of North America Instructor, University of California at Berkeley, 1993-97 William T. Graham Vice President Waste Solutions Group 220 Montgomery Street San Francisco, CA 94104 Tel: (415) 421-2044 Fax: (415) 421-1462 Summary of Qualifications · · Possess strong background in project logistics and material management. · Expertise in new ventures and market development. · Strong rail and transportation operations background. Experience Waste Solutions Group/ECDC Environmental San Francisco,CA Vice President~Rail Logistics Manager 1992-present Responsible for development of a rail transfer and landfill program in the Northern California market. Responsibilities include: business development; system design review; cost projections; contracting; operations and logistics management; client relations; and, review of safety procedures. Also assisted in the initiation and development of a start-up recycling company with a municipal contract to provide curbside and multi-unit recycling to 70,000 residential units in the City of Oakland and in the design of commercial waste handling and transfer systems internationally. EBA Wastechnologies Santa Rosa, CA Project Manager 1991-1992 Managed multiple projects including AB939 integrated waste management planning for cities and counties, operations analysis, facility design, and materials flow charts. Responsible for client contact and managing team of consultants to ensure project quality and scheduling requirements were met. Norcal Waste Systems San Francisco, CA Project Development Specialist 1990 Worked on several recycling-related business development projects. Projects included development of alternate uses for off-specification recycled glass, market development in new regions, and research and development of alternative plastics recycling processes. Responsibilities included operational review of collection programs, researching processing methodologies, and performance of feasibility studies including recommendations of equipment, availability of feedstock, measuring market demand, and revenue and cost projections. Education Memberships University of Southern California Masters of Business Administration California State University, Chico Bachelors in International Relations California Resource Recovery Association Northern California Recycling Association State of California Licensed General Contractor #719376 (AHaz) Los Angeles, CA 1988 Chico, CA 1984 Patrick Brown Associate Waste Solutions Group 220 Montgomery S~'eet San Francisco, CA 94104 Tel: (415) 421-2044 Fax: (415) 421-1462 Summary of Qua#fications · Possess 5 years experience in the hazardous waste management industry. · Detailed knowledge of waste characterization and quantification. · Practical experience with materials handling and operations logistics. Experience Waste Solutions Group San Francisco,CA Marketing Representative 1996-present Targeted and developed sales effort for waste-by-mil services to ongoing generators of industrial wastes. Procured customers and contracts valued in excess of $2 million in the first year. Assembled fleet of intermodal (track/mil) tankers offering customers new service options for optimal transfer and handling of liquid wastes. Laidlaw Environmental Services, Inc. San Jose,CA Marketing Representative 1993-1996 Initiated and managed a territory with a budget of $3.5 million annually. Started in Customer Service and was quickly promoted into outside sales. Marketed Laidlaw's service to hazardous waste generators within the designated territory. Gained direct insight and experience with industrial waste characterization, logistics and cost-effective management including treatment methodologies and/or landfills. Logistics experience included onsite handling and offsite transportation by mack and rail. Republic Waste Systems Thorofare, NJ Marketing Representative 1992-1993 Generated qualified leads for outside sales representatives by cross selling Republic's services in the eastern United States market. Gained expertise regarding EPA waste characterizations methodologies, materials handling and DOT regulations and treatment technologies for various types of industrial and hazardous wastes. Site audits and technical assistance with operations management issues relating to hazardous waste were developed and implemented. Education West Chester University West Chester, PA 1988-1992 Bachelors of Science in Liberal Studies Minors Studies in Planning, Public Administration and Environmental Studies Memberships Norrthern California Hazardous Waste Association Associate Member of California Redevelopernent Association LEONARD STEFANELLI Vice President of Business Development Potrero Hills Landfill Experience: Mr. Stefanelli is a well-respected and known expert with over 35 years of experience in the solid waste management and recycling industry. Mr. Stefanelli joined the organization in 1993. His prior work experience includes the President of Sunset Scavengers in San Francisco where he started on a collection track and rose through the organization to its top position. While at Sunset Scavenger, Mr. Stefanelli conceptualized, developed and operated the Sanitary Fill Transfer Stations - one of the first long-haul transfer facilities in the United States. After leaving Sunset Scavenger, Mr. Stefanelli was in private industry as a consultant in the development of recycling and transfer stations. He then worked for Waste Management, Inc. in the Oakland office as a regional manager. After working at Waste Management, he joined the Richmond Sanitary family of companies where he works today. Responsibilities include: Marketing and development of the Potrero Hills Landfill Evaluation of long-haul transfer stations and programs Project management liaison with contractors and service providers System design and implementation Corporate relations Overall project development Contractual, legal and regulatory aspects of projects Financial analysis of projects and development of cost structures for solid waste and recycling programs LARRY BURCH, P.E. Director of Environmental Management/Chief Environmental Engineer Potrero Hills Landfill Experience: A recognized expert in the field of waste managemem, Mr. Burch has been active in environmental programs and projects since 1963. Mr. Burch joined the organization in 1982. Mr. Burch directs environmental compliance and engineering for Richmond Sanitary Service, West Contra Costa Sanitary Landfill, Solano Garbage Company, and Potrero Hills Landfill. He is a registered Civil Engineer in the state of California. Responsibilities include: · Evaluation of environmental impacts of solid waste management projects · Planning of regional solid waste management systems · Preparation of landfill operations plans and permit applications · Directing landfilling operations · Preparation of landfill closure plans and environmental protection · Evaluation of impact of solid waste and environmental protection regulations · Preparation of composting and recycling project plans · Directing composting operations · Project management and liaison with engineering, f'mancial, and legal experts in resource recovery facility implementation Education: M.S., Sanitary Engineering, Washington State University B.S., Civil Engineering, Washington State University f:\a\lb&cnbio Gm Project Implementation Schedule The milestones for implementation are summarized in the Project Schedule on the following page. It is an aggressive schedule which will require the cooperation of the City and the County. However, based upon our prior experience with permitting similar facilities, we believe the schedule is achievable. Many of the tasks in the schedule can be conducted concurrently. Having been through permitting and construction processes on similar projects, Waste Solutions Group understands the permits which will need to be obtained and how to cost-effectively pursue them. With this in mind, Waste Solutions Group will keep permitting costs as low as possible by performing tasks and attending meetings on our own time. This also allows us to keep a firm "pulse" on the project, in contrast to using consultants. Some of the key tasks and permits are discussed below: 6.1 Local CUP/Environmental Review Proces~ As this will likely be a major project as defined by CEQA, we believe an Environmental Impact Report (EIR) will be required. Assuming time to assemble a Preliminary Draft EIR (60 days), circulate it for comment (45 days), respond to comments and produce a Final Draft (15 days), circulate it for final comment (30 days) and have it published (30 days), and assuming the CUP process with the City/County (depending on jurisdiction) may be done at roughly the same time, we have conservatively estimated nine months to completion. 6.2 State Solid Waste Facilities Permit Proces.~ As soon as possible after the EIR is certified, and once all local permits including the CTYP have been obtained, the next step will be to obtain the solid waste facility permit from the California Integrated Waste Management Board (CIWMB). To the maximum extent possible, the application package for the solid waste fadlities permit will be assembled while the EIR and the local permits are under way. By performing these tasks concurrently, time may be saved such that as soon as the CUP is received, the application will go to the CIWMB. Nine months are budgeted for this process. 6.3 Construction Construction of the fadlity, including design, construction permits, bidding and actual site preparation and construction will take place over approximately 12- 15 months. Subsequent to site grading and paving permits, backfill will be imported and the area "winterized" prior to actual construction in the spring. 6.4 Eauivment Procurement/F_a._~lit~ Start-Ur The normal' lead time to order rail equ{pment arid have it delivered is six to nine months for a project of this size. Therefore, equipment will be ordered nine months in advance of the actual start date so as to allow for a margin of error. Lastly, employees from the local area will be hired, trained and put through a "shake-down" period such that the Transfer Station will be up and fully operational by the scheduled dose of the Ukiah Landfill. Rail Transfer Station I2, I997 B Project Costs Presented in this section is a discussion of the various cost components and a summary table presenting the proposed per-ton fees at WSG's rail transfer station. In all cases presented below, the rates paid by City residents and businesses will go down. The rates decrease as more jurisdictions join the system. Because City of Ukiah residents oarrently enjoy a special rate ($57.00 per ton), the affects of joining this system to ratepayers in other Mendodno jurisdictions (who currently pay $63.50 per ton) will be even more pronounced. Waste Solutions Group, working in conjunction with ECDC Environmental in Humboldt County, is also committing to pass through to Ukiah and participating Mendocino ratepayers additional savings should Humboldt County choose to join in the Northwestern Pacific rail-to-Potrero Hills Landfill system. These savings are offered through increased efficiencies at the container off-loading site and the landfill. Currently, the ECDC/WSG/Potrero Hills team is in final contract negotiations with the Humboldt County Waste Management Authority. Through recent contract negotiations, we believe ECDC is now the low-cost, most environmentally sound, rail-based system. The table below presents the costs per ton for services Waste Solutions Group will provide at the Transfer Station. Proposed Rates for Waste Solutions Group Rail Transfer System (Per Toni Transfer: $12.99 $9.49 $8.74 $8.01 Transportation by Rail: $16.18 $15.34 $15.29 $15.04 Disposal at Potrero Hills: $21.00 $21.00 $21.00 $21.00 Construction: $5.93 $4.06 $3.66 $3.23 Total Cost Per Ton: Rail $56.10 $49.89 $48.69 $47.28 Savings if Humboldt Joins: $1.20 $1.30 $1.33 $1.38 Cost Per Ton with Humboldt: $54.90 $48.59 $47.36 $45.90 The above-listed rates are subject to an annual adjustment beginning 7/1/2000 of 75% of the Consumer Price Index for All Urban Consumers, San Frandsco-Oakland-San Jose, California, All Items, as published by the U.S. Bureau of Labor Statistics. Construction costs are not subject to CPI increases. In no case shall the CPI adjustment exceed 5% in any single year. .-. WSC/t/k/~ Rai/Tnmsf=, Stat/on 46 D~ 12,1997 Construction costs assume a $1.6 million facility amortized at 8% over 20 years. It includes all costs necessary to design, permit prepare the site (including relocating MSWMA's HazMobile enclosure) and construct the facility. It also includes permit applications, environmental reviews, engineering, site landscaping, building, utility connections, off-site improvements at the entrance, and fixed equipment acquisition and installation. WSG will ensure that all construction costs are the lowest qualified bids available from the competitive market. The per-ton fee charged to cover construction costs will be evaluated annually. Each July 1, the previous 12 months tonnage by each participating jurisdiction and the commitment by each jurisdiction for the next 12 months will be used as a divisor against the actual annual amortization costs. The formula will be as follows: = Projected Annual Tonnage Annual Amortization Costs = Per-Ton Fee for Construction Costs WSG will be entitled to reimbursement for actual construction amortization costs over each year, and no more. At the end of the 20-year term, ownership of the building and underlying property will revert to the City at the cost of $1.00 (one dollar). Lease Payments to Cit~ In exchange for use of City-owned property, WSG shall pay City a negotiated fair market rate for the term of the contract. This payment will be factored into the rate. Gate Rates at the Transfer Station for Self-Hauler~ The initial first-year rat~s at the Transfer gtation gate for private self-haulers who are, at WSG's discretion, charged on the basis of volume due to small amounts of waste will be as follows: $7.95 per cubic yard $1.95 per 30-gallon can These rates will be subject to annual review and adjustment according to possible changes in tonnages received at the transfer station. The formula used to calculate the per-cubic yard charges to self-haulers will be as follows: .15 X per-ton rate + a 10% spedal handling rate For per-can customers, the rate will be calculated by the following formula: Per-ton fee/27 + a 10% spedal handling rate WSG/Ukiah Rail Tra~f~r Station 47 12,1~7 Provosed Buy-Out Terms While the Transfer Station building will be financed over a 20-year period, the containers, flatcars and transfer station equipment will be amortized over a 10-year period. Waste Solutions Group is willing to offer buy-out terms to the City at the 10-year time frame subject to the following discussion. WSG has priced its services expecting a 20-year term, with 20 years of profit commensurate with the risks and costs associated with development, start-up, early "shakeout" phases, and ongoing operations. Should the City opt to buy-out WSG at the end of the 10-year term, WSG would expect the City to: (a) compensate WSG for a portion of lost profits; and, either (b) pay off the remaining balance of the loan plus any early termination fees; or (c) assume the terms of the loan on the building. The actual buy-out terms and conditions, should the City be interested to pursue this option, are subject to negotiation. WSG[Ukiah Rail Transfer Station D~b~r 12, I997 al Project Financing Waste Solutions Group, and its principals, have financed and/or structured over $700 million in solid waste projects over the last decade. One of Waste Solutions Group's prindpals, William Gay, was a Vice President at the Chase Manhattan Bank in the 1980's, where he specialized in the solid waste industry. Prior to co- founding Waste Solutions Group he was Chief Financial Officer of the 4th largest solid waste firm in the country. Waste Solutions Group's other co-founder, David Gavrich, structured one of the first tax-exempt financings of a recycling fadlity in 1989 when he financed BFI's $10 million Recyclery near San Jose. WSG is very familiar with California Pollution Control Finance Authority (CPCFA), having worked and structured hundreds of millions of dollars of transactions with them. In the last five years WSG has worked as a contractor to the CPCFA, providing financial feasibility reports to the CPCFA on a variety of solid waste disposal and recycling projects with an aggregate transaction value in excess of $300 million. In all reports WSG analyzed the bond proponents' finandal condition, analyzed financial guarantees, flow control agreements, and competing projects. A 1996 analysis, for CanFibre, involved an unrated tax-exempt bond (the first of its kind for the CPCFA), with complex supply and purchase agreement and minimal equity participation. WSG's finandal work on this project, and the questions it raised, was a factor in CanFibre's ultimate restructuring of the proposed transaction to increase the equity component of the project. For this project, WSG proposes to finance the construction costs, and possibly the rail equipment costs, utilizing tax-exempt debt. The most logical provider of funds for this project will be the California Pollution Control Finance Authority (CPCFA). Small business subsidies are available that help reduce the costs of issuance and credit exposure to the issuer. Working with the City of Ukiah, CPCFA financing should be available, and at alMn rates of less than 8.0%. Once CPCFA financing is secured we would propose passing those savings to the City. If CPCFA financing is not available, we propose more traditional financing through banks and leasing companies. Please see for letters of intent from Bank of America and GATX which are attached included in Section 1. 49 D~nb~r 12,1997 Key Contract Terms WSG understands that an expedited contracting process is key to keeping this project on schedule. Thus, we have included as Appendix A of this proposal a mark-up of the MSWMA contract, which we understand the City had previously reviewed and preliminarily approved when it voted to covenant its waste to MSWMA. As an option, the City may elect to contract directly with Waste Solutions Group for transportation and disposal services only. We have included as Appendix B a diskette of a draft transport and disposal contract which our affiliated company, ECDC, has with a community in Utah. In that contract, one party operates the transfer station and loads waste into ECDC's containers, at which point ECDC takes over responsibility for transport and disposal. In addition, we have included as Appendix C of this proposal a mark-up of the ground lease that the City entered into with the developer of the Federal Express facility at the airport. We have used the City's lease as a template for WSG's proposed lease from the City of the vacant 2.5 acre parcel at the wastewater treatment plant for use as Ukiah's Rail Transfer Station. The contract and lease of the site have the following proposed key terms which we believe are advantagous to the City in pursuing its long-term solid waste system: 1. Stable prices for transfer, rail transport, and disposal services over life of contract, with prices increasing only at 75% of the CPI; 2. Lease revenues to the City for use of vacant property adjacent to the wastewater treatment plant; ge Ownership by City of both the improvements and underlying land at end of contract term, with City buyout provisions after 10 years; e Firm commitment to using rail transport and a secure back-up trucking system in the event that the rail is unavailable for any reason; 5. Project financing by CPCFA, Bank of America, or GATX Capital Corp. Waste Solutions Group is flexible on contractual terms, so long as there is a firm commitment from the City to support this project, and there is the flow of waste to insure the project's viability. As soon as WSG receives a favorable vote from the City Council, acknowledging that the Waste Solutions Group project is the one that the City wants to pursue, we will move immediately to garner approvals from the County, the City of Willits and Fort Bragg. Although the City of Willits and Fort Bragg's waste commitments would help the economics of the project, only County's covenant of their wastestream is a condition precedent to construction of the project. WS¢/L~ ~ Transfer 50 December 12,1997 Appendix A Draft Mark-up Waste Services Contract Between City and Waste Solutions Group CONTRACT FOR TRANSFER STATION CONSTRUCTION AND OPERATION AND SOLID WASTE TRANSPORTATION AND DISPOSAL This Contract is maae~red into, as of the later of the dates of execution, by and between the _~-~ a..~;.., e..~;a urn~,~ ~ ' -~ .... prayers ~.o,~ org~zed ~der ~e laws of ~e State of C~ifo~ ~d e~un_ ~~ ........ ~ ...... , Con,actor", a Califo~a co~orafion, who shM1 collectively be refe~ed to as ~e "P~es." ~~ RECITALS WHEREAS, the Ce"~-~: gbhgated to pro.de for reliable ~d ~' ~f ~V~!hts 9~.ee~~ ............ ~ ~' ---' economical disposal sohd waste for~ citizens; ~d ~E~AS, MEx).~A~,_ p~e~:s~a sit,for ~e cons~cfion of a Tr~sfer Station ' , ' ' ~ ' ' ro osals ~om .... - . ...... 7 .............. ~-~ development ~d operation of ~ransf~ S~ ~d ~E~AS, following o~.~a..,~ ~r Propos-~s. u~dextensive ~alysis of ~e te~s ~d conditions av~lable from different private concerns. ~e ................ D~ has dete~ed ~at the public ~terest will be se~ed by aw~ding to Con,actor ~s Con~act for Tr~sfer Station Cons~ction and Operation ~d Solid Waste Tr~spo~afion ~d Disposal; NOW. ~erefore. be it a~eed by ~ ~d Con.actor as follows: ARTICLE 1. DEFINITIONS For purposes of this Contract, the following terms shall be defined as: 1.01 Accept-or Acceptance means acceptance of the Transfer Station in accordance with Section 2.04. TRUCK SWS: MS x3.~A_a~ Pace 1 1.02 Acceptable Waste means all putrescible and nonputrescible 'solid waste including but not limited to garbage, rubbish, 'refuse, paper and cardboard; plant and grass clippings and leaves; commercial, industrial, demolition and construction wastes; mixed wood waste; septage Screenings, discarded home and industrial appliances; vegetable or animal solids and semisolid wastes, but excluding sourc.e separated recyclable or compostable materials.intended for . diversion from solid, waste disposal or those materials defined herein as · Unacceptable Waste. 1.03 Applicable Law means all law, statutes, rules, regulations, guidelines, Permits, actions, determinations, orders, or requirements of the United States, State of California(or any other state having jurisdiction over solid waste transportation and disposal services), County, regional or local government authorities, agencies,, boards, commissions, courts or other bodies having applicable jurisdiction, that from time to time apply to or govern Performance Obligations, the transfer station, transport services, disposal services, or the performance of the parties' respective obligations heretmder, including any of the foregoing which concern health, safety, fire, environmental protection, labor relations, mitigation monitoring plans, building codes, zoning, non-discrimination, and payment of minimum wages~. . 1.04 Change in Law means the occurrence of any event or change in Applicable Law as follows: (1) the adoption, promulgation, modification, or change in judicial or administrative interpretation occurring after the date hereof which adoption, promulgation, codification, or change in judicial or administrative interpretation relates to any Applicable Law, other than laws with respect to taxes based on or measured by net income, or any unincorporated business, payroll, franchise taxes levied by any tax board or employment taxes; or '" (2) any order or judgment of any federal, state or local court, administrative agency or governmental body issued after the date hereof if: (i) such order or judgment' is not also the' result of the willful misconduct or negligent action or inaction of the Party relying thereon or of any third party for whom the Party relying thereon is directly responsible; and TRUCK SWS: 5,~SWM~'-~ Pa~e 2 (ii) the Party relying thereon, unless excused in writing fi.om so doing by the other Party, shall make or have made, or shall cause or have caused to be made, Reasonable Business Efforts in good faith to contest such order or judgment (it being understood that the contesting in good faith of such an order or judgment shall not constitute or be construed as a willful misconduct or negligent action of such Party); or (3) the imposition by a governmental authority or agency of any new or different material conditions in connection with the issuance, renewal, or modification of any Permit after the date hereof. 1.05 Construction Costs means Contractor's costs arising from the design, engineering, permitting, site preparation, off-site improvements, construction, paving, utilities and fixed equipment acquisition and installation for the Transfer Station, i__n_ch_!ding MS~_A_ land debt reimb;:,'se,-,ent in accordance with A,-~;c, lo A cf tkfis Ccn~x:~ Construction Costs shall not include Contractor's costs in preparation of its proposals to ~rior to execution of this Contract, or costs of mobile equipment, offic_e equipment,'~plies, or any item which does not constitute a fixture of the Transfer Station. "~4~ ~'0/ 1.06 Consumer Price Index (CPI) means the Consumer Price Index for All Urban Customers, San Francisco-Oakland-San Jose, Califomia, All Items, as published by the U.S. Bureau of Labor Statistics· 1.07 Contract means this Contract for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal between Contractor and the ' ' 1.08 Contractor means ..... Wastes ~ystems, Inc. Reference to "Contractor" refers to Contractor's subcontractors as well, unless explicitly provided otherwise. 1.09 Direct Costs means the sum of (a) payroll coSts directly related to the performance, or management or supervision of any obligation pursuant to the provisions hereof, comprised of compensation plus fi.inge benefits comprised of vacation, sick leave, holidays, retirement, Workers Compensation Insurance, federal and state unemployment taxes and all medical and health insurance benefits, plus (b) the costs of materials, services, direct rental costs and supplies; which Direct Costs are substantiated by (i) a certificate signed by the principal financial officer of Contractor setting forth the amount of such cost and the reason why such cost is ro erl char /'/~ ~t P p y geable and stating that,suc~l/(ost is a competitive price, if there are competitive prices, secured in an arm's~ngth transaction for the services or materials supplied; and (ii) if ~requests, such additional backup documentation to substantiate any such Direct Cost including invoices from suppliers. 1.10 Disposal Facility means the fully-permitted solid waste landfill, approved by _ ~~819/~~~w_ ~ which Contractor will transport Acceptable Waste received at the Transfer Station.-'"""--.., ~g ~.~ 1.11 Franchised Waste Haulers means companies which possess a permit, license or contract from a public agency authorizing them to collect and transport solid waste from residences and/or businesses. 1.12 Hazardous Waste means a type of Unacceptable Waste which by reason of its quality, concentration, composition, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged; or any waste which is deemed or regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbestos under Applicable Law, exc, ludi~ Recyclable Household Hazardous Wastes but in.0adhlg: (1) "Hazardous Waste" pursuant to Section 40141 of the California Public Resources Code; regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California I-iealth and Safe.ty Code; all substances def'med as hazardous waste, acutely hazardous waste, or extremely hazardous Waste by Sections 25110.02, 25115, and 25117 of the California Health and Safety Code (the California Hazardous Waste Control Act), California Health and Safety Code Section 25100 et seq., and furore amendments to or recodification of such statutes or regulations promulgated thereunder, including 23 California Code of Regulations Sections 2521 and 2522; and (2) materials regulated under the Resource Conservation and Recovery Act. 42 U.S.C. Section 6901 et seq., as amended (including, but not limi(ed tol amendments thereto made by the Solid Waste Disposal Act Amendments of 1980), and related federal, State and local laws and regulations; · (3) materials regulated under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended, and related federal, State of California, and local laws and regulations, including the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.; (4) materials regulated under the Comt~rehensive Environmental Resoonse. Compensation and Liability Act, 42 U~S.C. 9601,. et seq., as amended, an~ regulations promulgated thereunder; and (5) materials regulated under any future additional or substitute federal, State or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste. If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste adopt conflicting definitions of "hazardous waste", for purposes of collection, transportation, processing and/or disposal, the broader, more restrictive def'mifion shall be employed for purposes of this Contract. 1.13 Including means including without limitation. 1.14 Independent Engineer is the engineer named in Section' 11.01 or thereafter .~hosen in accordance with such Section. 1.15 MSWMA means the Mendocino Solid Waste Management Authority, a joint powers agency organized in 1990 by the County of Mendocino, City of Ukiah, City of Fort Bragg and City of Willits. 1.16 Operating Ratio means Contractor's costs of meeting Performance Obligations, ~ ~o.ar,~ o-a prece_oo_,._..g --~-~---~,-----, ................ ' ~..,~,~,,~ .r,~,~o divided by operating revenues. Operating revenues include sales of recyclables collected at the Transfer Station. Costs of operation do not include facility capital debt service. Any related party payments included in costs of operation shall be not greater than the existing market value for those goods or services. 1.17 Performance Obligations means each and every obligation and liability of the Contractor hereunder, including Transfer Station design, permitting, construction, and testing, Transfer Station operation, transportation of Acceptable Waste, , disposal at a MSWMA- approved landfill, and securing and maintaining performances bonds, insurance and any other performance assurances hereunder· 1.18 Permits means all federal, State, other local and any other governmental unit permits, orders, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the performance of any obligation hereunder or matters covered hereby, as renewed or amended from time to time. 1.19 Plans and Specifications means the detailed construction drawings and specifications for construction of the Transfer Station and site, prepared in accordance with accepted industry practice for comparable facilities and signed and stamped by ~a professional engineer and/or architect, as required by Applicable Law. 1.20 Reasonable Business Efforts means those efforts a reasonably prudent business person would expend under the same or similar circumstances in the exercise of such person's business judgment, intending in good faith to take steps calculated to satisfy the obligation which such person' has undertaken to satisfy; p.r_o3fi.d~ that such person and/or any enterprise by which such person is employed would not incur a financial loss (other than time expended or unless otherwise compensated for such efforts herein) by reason of having expended or expending such efforts.' 1.21 Self Haulers means persons delivering Acceptable Waste on their own behalf, an6 not as a Franchised Waste Hauler. 1.22 Service Area means all of Mendocino County, LESS the County of Mendocino Solid Waste Franchise Collection Area//4, encompassing the South Coast (Gualala-Point Arena-Elk). . 1.23 Service Fee means the charge levied on 'users of the transfer station to dispose of Acceptable Waste. 1.24 Site Or Transfer Statio e me~s$' e parcel of land ~3 4i~ oor~s~~ otc ~ th; at 3~.0! N. ~tate ~ Ukiah, California, ~ acres in size more or less, also known as Mendocino County Assessor's Parcel Number ~9 OEO O !. - 1.25 Ton or tonnage means a Short ton of 2,000 pounds. 1.26 Transfer Station means the Transfer Station located on the Site, as described in. the Plans and Specifications, including furnishings, building, equipment, parking, signs, fencing and landscaping. 1.27 Uncontrollable Circumstances means any act, event or condition, whether affecting the Transfer Station or either Party or the Contractor's subcontractors, beyond the reasonable control of such Party and not the result of willful or negligent action or inaction of such Party (other than the contesting in good faith or the failure in good faith to contest such action or inaction), which materially and adversely affects the ability of either Party to perform any obligation hereunder comprised of: (1) an act of God, landslide, lighming, earthquake, fire, flood, (other than reasonably anticipated weather conditions for the geographic area of the Transfer Station, primary transportation routes, backup transport routes, primary Disposal Facility and backup Disposal Facility), explosion, sabotage, acts of a public enemy, war, blockade or insurrection, riot or civil disturbance; (2) the failure of any appropriate federal, state, or local public agency or private utility having operational jurisdiction in the area in which the Transfer Station is located, to provide and maintain utilities, services, water, sewer or power transmission lines to the Transfer Station which are required for Transfer Station development or Transfer Station operation; (3) a Change in Law other than (a) any Change in Law with respect to any taxes based on or measured by net income, or any unincorporated business, payroll, franchise or employment taxes, or (b) with respect to ~ any Change in Law adopted by the~ unless such Change in Law is mandated by State, federal or other govenun~al agenc..y law, regulation or directive. ~ i/~~ (4) any failure of title to the Site; any enforcement of any encumbrance on the site or on any improvements thereon not consented to in writing by, or arising out of any action or agreement entered into by the Party adversely affected thereby; (5) governmental pre-emption of materials or services in connection with a public emergency or condemnation or other taking by eminent domain of any portion of the Transfer Station Site. In event of any TRUCK SWS: MSxY.~-'~-a-¼ Pace 7' condemnation, neither party waives its fights to assert claims in such condemnation proceedings; (6) failure of the California Integrated Waste Management Board to approve a Solid Waste Facilities Permit provided that Contractor submits a complete application by ~' ...... ~ '"'~- · -,-e,,,~, and provided that the Authority to .lc, .~.~ ~ Construct has been issued by the Mendocino Air Quality Management District by ~ ..... * (7) freight embargoes, shortages of materials, labor, fixtures or equipment (provided that Contractor furnishes proof that it has made diligent attempts to obtain same) or delays of subcontractors due to such causes, provided that Contractor shall within ten (10) days from the beginning of such delay nonfy .......... ~tmg of the delay. ,,~o ,, ,, ,-z, ff~:~mb~ fmdines fact thereon shall be con~si~.~. ~ ~ ~ 7t~ ~ of (8) an order of a state or federal court that prohibits ~ from . develgping, building or operating the Transfer Station. '~~oP/..ff-~ Uncontrollable Circumstances iex_c!_u~, without limitation: (i) either Party's own breach of its obligations hereunder; (ii) adverse changes in the financial Contractor's subcontractors, or the Guarantor; condition of either party, (iii) the consequences of errors, neglect or omissions with respect to Transfer Station development, transfer services, transport services or disposal services or any other Performance Obligations on the part of the .Contractor, its employees, agents, subcontractors or affili'ates, including errors in Plans and Specifications or the operations plan or failure to comply therewith; (iv) the failure of the Contractor to secure patents, licenses, trademarks, and the like necessary to meet its Performance Obligations; (v) as to the Contractor, the failure of any Transfer Station technology to perform in accordance with Performance Guaranties, unless caused by Uncontrollable Circumstances; and · '"~" ~' "~' ............ - Paee 8 (vi) general economic conditions, interest or inflation rates or currency fluctuation; (vii) union or labor work rules, requirements or demands which have the effect of increasing the number of employees employed by Contractor or its subcontractors hereunder or otherwise increasing the cost or burden of the Contractor or its subcontractors of meeting its Performance Obligations; (viii) failure of equipment or any technology used or relied upon in satisfaction of Performance Obligations; (ix) any impact of prevailing wage Contractor's Performance Obligations; law, customs or practices on (x) any increase for any reason in premiums charged by the Contractor's or its subcontractors' insurers or the insurance markets generally; (xi) States; any act, event or circumstance occurring outside of the United (xii) the failure of any subcontractor or supplier to furnish labor, services, materials or equipment. 1.28 Unacceptable Waste means wastes that the Transfer Station may not receive under this Contract, including: (1) animal manures; (2) friable asbestos materials that can be crumbled with pressure and are therefore likely to emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances, which may be a Hazardous Waste if it contains more than one percent asbestos; (3) ash residue from the incineration of solid wastes, including municipal waste, infectious waste described in item (8) below, wood waste, sludge, and agricultural wastes described in item (1) above; (4) auto shredder "fluff" consisting of upholstery, paint, plastics, and other non-metallic substances which remains after the shredding of automobiles; (5) dead animals; ' (6) Hazardous Wastes, explosives, ordinance, highly flammable substances and noxious materials; (7) industrial solid or semi-solid wastes resulting from industrial processes and manufacmhng operations, including cement kiln duSt and ore process residues; (8) infectious wastes which have disease transmission potential and are classified as Hazardous Wastes by the State Department of Health Services, including pathological and surgical wastes, medical clinic wastes, wastes from biological laboratories, syringes, needles, blades, tubings' bottles, drugs, patient care items such as linen or personal or foOd service items from contaminated areas, chemicals, personal hygiene wastes, and carcasses used for medical purposes or with known infectious diseases; (9) liquid wastes which are not spadeable, usually containing less than fifty percent solids, including cannery and food processing wastes, landfill leachate and gas condensate, boiler blowdown water, grease trap pumpings, oil and geothermal field wastes, septic tank pumpings, rendering plant byproducts, sewage sludge, and those liquid wastes which may be Hazardous Wastes; (10) radioactive waStes under Chapter 7.6 (commencing with Section 25800) of Division 20 of the State Health and Safety Code, and any waste that contains a radioactive material, the storage or disposal of which is subject to any other State or federal regulation; (11) sewage sludge comprised of human (not industrial) residue, excluding grit or screenings, removed from a waste water treatment plant or septic tank, whether in a dry or semidry form; (12) special wastes designated from time to time by the California Integrated Waste Management Board, including contaminated soil; (13) bulky items which cannot fit within standard roll-off containers or municipal refuse collection vehicles; (14) concrete slab material exceeding 2 feet on a side and 6 inches thick; (15) tree stumps exceeding 18 inches in diameter; (16) other wastes which are prohibited as a condition of the Transfer Station's Solid Waste Facility Permit or wastes excluded by written agreement between Contractor and MSWMA. 1.29 Wood Waste means unpainted lumber and boards separated from mixed Solid waste. 1.30 Yard Waste means grass clippings, brush, garden trimmings, leaves and similar natural vegetative materials separated fi'om mixed solid waste. ARTICLE 2. CONTRACTOR RESPONSIBILITIES Pace 10 2.01 Facility Design, Permitting and Construction (a) Design. A copy of preliminary Plans and Specifications is attached ipoereto as Exhibit "A". Contractor shall prepare final Plans and ecific_ati.o.n.s, in compliance with Applicable Law, including, en'l~'~oc'mo unty Building Code, with sufficient detail to secure finn ~'~nstmction ~ bids. Contractor shall submit such final Plans and Specifications to · '~~'2.?.L5 for review and approval on or before the date provided in Sectiottn~n 2.0~ may comment on such Plans and Specifications and Contractor shall use Reasonable Business Efforts to incorporate such comments. Any disputes with respect to finalization and approval Plans and Specifications shall be resolved by the Inde~eer in accordance with Section 17.03. Tr~se,xr~s ~ ~e event of a dispute, the Independent Engineer, does not approve the Plans and Specifications within forty-five (45) days of Contractor's submission thereof to '~°"~ J~V.LL~ VV ~V].~"~, then each succeeding date in Section 2.02 shall be extended one day for each day of delay. ~g ~.~ (b) Permitting and Construction. Contractor will design, permit, , "-,..~stry. ct, equip, start-up and test the Transfer Station on the Site in _a_c_c_r~a,~.ce wj~..A~pp_l!cable Law and the fmal Plans and Specifications .approved~ in accordance with subsection (a). Contractor intends to implement this project utilizing a design~uild process, and incorporating into the final design the input of the most qualified Class A general construction contractor determined by the following method: (i) Contractor will issue a Request for Qualificafions(RFQ) to general contractors by placement at the North Coast Builder's Exchange and in a newspaper of general circulation. (ii) Respondents to the RFQ will indicate relevant project experience including, but not limited to, transfer station construction projects, similar industrial projects, experience with preengineered steel structures including identification of manufacturers, experience with similar construction projects in Northern California and in Mendocino County, the' estimated amount or method of computation of the general 'contractor's fee, and other pertinent information to ~ assist in the selection process. , ~m,,~,., ~ (m) Contractor, subject to approval by ~ ........ ~, ~II~lect the .most qualified general contractor with which to complete the project, and will enter into an appropriate agreement with the selected general contractor. Selection will be based on a combined .v~t-~r cure. ~,~eur~s^. Paee 11 evaluation of contractor's fee, relevant direct experience and services to be offered by the general contractor to assist in completion of the f'mal design. (iv) Any agreement for construction services between Contractor and the selected most highly qualified general contractor shall require that all subcontracted components of the work be subject to competitive bids within the trades, and the award of ali contracts between the general contractor and apparent low bidder subcontractors shall be subject to the review and approval by the Contractor and x ~.~, ~ a ;: (c) Unused Portion of Site. _ · , · · · · Plans and Specifications for buildings~- - ~~rae dc~b_y~C__o_n_~a_c t (; r' s · °°se· 2.02 Development Schedule. Contractor will complete the following development obligations on or before the indicated dates: September 1, 1997: Plans and Specifications submitted to MSWMA for approval. .. June 1, 1998: Site preparation completed. August 1, 1998: Transfer Station foundation completed. October 1, 1998: Transfer Station building walls and roof completed. January 1, 1999: Transfer Station construction work and equipping completed, commence trial operations. February 15, 1999: Achieve Acceptance by MSWMA. 2.03 Trial Operations· Following completion of Transfer Station construction, Contractor will promptly begin trial operations to weigh, receive, crush, load and transfer test loads of Acceptable Waste, Yard Waste, and Wood Waste to ensure that.a, ll facilifie_s and equipment will function properly under regular operating ,~. concl~fions, and to ensure that employees are fully trained. All scales at the~-" Ct~ Transfer Station shall be certified accurate by State inspectors prior~ operations. Contractor will allow all Franchised Waste Ha~~, o make trial runs to famihanze then: drivers with the Transfer Station. '~~'s represen-t~-~¢~.' will be notified of the schedule for all trial operations. Ail of the trial operations, tests and inspections described in this section shall collecfiveiy be referred to as the Acceptance Tests. Contractor will continue trial operations until all facilities, equipment and employees are performing satisfactorily, and will thereupon request Acceptance of the Transfer Station by ~s~,,rx, S ~ &VZ.L.; VV ..LV3.,~ ~.. --· 2.04 Acceptance. (a) Upon completion of the Acceptance Tests described in Section 2.03, Contractor will submit a report thereon, and will cooperate with b4gggMgg,, its designees and the Independent Engineer in inspecting the Transfer Station and related operations. Upon notification by 4,4f, a,~ht~, that the Transfer Station has not been constructed and equipped in accordance with the Plans and Specifications approved by batvoal¢M~ Contractor will remedy such defects as soon as practicable, .but inno event later than the scheduled Acceptance Date provided in Section 2.02 and warrant that the Transfer Station has been completed in accordance with such Plans and Specifications in such manner that Contractor can comply with all its '" Performance Obligations. · · (b) Upon demonstration to its satisfaction that (1) Confr~tctor has passed the Acceptance Test, (2) the Transfer Station has been constructed and equipped in accordance with such Plans and Specifications, (3) no liens against Contractor or the Transfer Station remain outstanding and undischarged, (4) all permits required by Applicable Law for Contractor to meet its Performance Obligations are secured and valid, and (5) Contractor submits evidence satisfactory to ~ that all performance bonds, insurance and guaranty required hereunder are in place, then~ shall Accept the Transfer Station. Any disputes with respect to Acceptance shall be resolved by the Independent Engineer in accordance with Section 11.03. IfM~, or in event of a dispute, the Independent Engineer, does not Accept the Transfer Station within fifteen (15) days of Contractor's submitting evidence of compliance with such five Acceptance criteria to' _~seur~s s then the scheduled Acceptance Date provided in Section 2.02 XV,L~..; · · .Lv.,a-,L ~ shall be extended one day for each day of delay. 2.05 Start of Operations. Following acceptance by nseurns ~ Contractor will begin full operations of the Transfer Station on the date designated hv_~eur~ A which will correspond to the cessation of landfill operations at the City of Ukiah's landfill, which will occur not later than ~ ~_At, ~. ....... -., 1999. ' 2.06 Waste Transfer, Transportation and Disposal, Recycl~g. Contractor will receive Acceptable Waste delivered to the Transfer Station during receiving hours in accordance with Section 2.09 by Self Haulers and Franchised Waste Haulers. Contractor will conduct buy-back, drop-off, household hazardous waste, Yard Waste, and Wood Waste recycling and operate the reuse facility, in accordance ~r>v tr-,l~ exxrg:, naell~,~^. Paee 13 with Sections 2.14-2.18, including marketing and transportation thereof, as applicable. Contractor will transfer and transport Acceptable Waste to the Disposal Facility. Contractor will be responsible for all activities at the Transfer Station and associated with its Performance Obligations, including collecting . Service Fees, traffic control, inspection of solid waste, exclusion of UnaccepLql:~ Waste, temporary storage of Hazardous Waste removed from o~ distributing informational materials supplied by MS';,~,L~ ~ Haulers.' Contractor will be responsible for any errors, deficiencies or failure of' its officers, employees, and subcontractors to fully and timely meet Performance Obligations. 2.07 Operation by Contractor. Contractor will directly operate the Transfer Station, including solid waste crushing and loading and recycling buy-back~..... drop-off services, usin Contractor's own emnlovee ,,I~ x~o,,,,, ~_ g ~- ~ s, ........,. ..... .~ a~i~s sole discretion, gives prior approval in writing to use of a subcontractor for those services, which approval shall not be unreasonably withheld. 2.08 Operational Standards Contractor will: (a) Remove all Acceptable Waste from the tipping floor of the Transfer Station at the end of each day of operation and place it in transfer trailers or containers. (b) Remove all trailers or containers of Acceptable Waste from the Site as soon as possible, but not more than 24 hotii's fi'om time of loading, unless the Acceptable Waste has been placed in sealed containers. (c) Sweep the tipping floor clean following each day of operation. (d) Wash the tipping floor not less than once per week. (e) Remove any litter from the Site each day of operation. (f) Keep all recyclables contained in bins or bunkers except as may be otherwise provided for specific items in this Contract. (g) Keep the Site secure from unauthorized entry. (h) Use best management practices to prevent the transmission of detectable odors across the Site boundaries. (i) Ensure that vehicles do not queue onto North State Street. 2.09 Hours of Operation. Contractor will receive Acceptable Waste and recyclables at the Transfer Station only between'the hours of 7 A.M2 and 4 P.M. on each Monday through Saturday throughout t~e year, except for the following holidays: New Year's Day, Thanksgiving Day and Christmas Day. No Acceptable Waste or recyclables will be allowed to enter the Site except during the above- listed hours. Contractor may conduct loading and clean-up activities between the hours of 6 A.M. and 6 P.M. daily. Additional loading and clean-up hours will be TRUCK cum. n,~exxzna a. Paee 14 allowed under emergency conditions with prior approval fi.om MSWMA's representative. 2.10 Maintenance. Contractor will be responsible for all repair, maintenance and replacement of the Transfer Station in order to keep it in sound working order, including, without limitation: the tipping floor surface, driveways, gates, fences, electrical distribution systems, ventilation and heating, ffl~e sprinklers, floor drains, walls, doors, roof, restrooms, fixed equipment, and landscaping. Contractor will keep the tipping floor free of major cracks, holes and breaks. Contractor will keep any tractor not equipped with rubber fires or rubber tracks fi.om coming in contact with the tipping floor or driveways. All repairs made by Contractor will be with an identical article or material or an equal approved by ~ ~/" 2.11 Mobile Equipment. Contractor will supply at a minimum the following mobile equipment for use in operating the Transfer Station: (1) Rubber-tired fi.ont l~ad~l-~ (1) Track loader~...-~'~ !~4! ~ailers. (,,4,)4~ruck power units Contractor will further supply, or cause its subcontractors to supply, e ui~.~p.l~aaat,~ meet its Performance Obligations with respect to cceptable Waste, Yard Waste, Wood Was es, and disposal of Acceptable Waste at ~aOlity. 2.12 Staffing. Contractor shall assign sufficient staff to the Transfer Station to meet the Performance Obligations. Contractor shall assign only competent personnel who are qualified to perform the assigned tasks. All personnel will possess the required licenses, permit or training for the tasks they perform. Contractor will use its best efforts to remove any personnel who are incompetent, disorderly, intoxicated, or abusive to the public. All personnel will be able to communicate clearly in the English language. Contractor will assign, at a minimum, the following full-time personnel at the Transfer Station: (1) Equipment operator (!) Gate attendant (1) Buy-back attendant (1) Spotter/Operator (1) Maintenance/Laborer Paee 15 In addition, Contractor shall a~ a Station Manager/Supervisor with overall responsibili~ f'.o_r__m_a;n_ age~t of the Transfer Station who is authorized to accept notices from Mn~N-M~Fand to act for Contractor. 2.13 Operational Procedures. Contractor will receive, load and transport Acceptable Waste as set forth in the attached Exhibit "B", "Operational Plan," with the following additional provisions: Traffic Management. Signs at least 3-foot by 3-foot in size will direct Self-Haulers to remove recyclable materials in the recycling drop-off area prior to entering the transfer building. Gate attendant will turn back Self- Haulers with recyclables to the recycling drop-off area. Self-haulers and Franchised Waste Haulers will be directed to separate areas in the transfer building for dumping. Vehicle turnaround. Contractor shall ensure that vehicles delivering Acceptable Wastes will be able to begin unloading within 30 minutes of arriving at the entrance to the Site, absent vehicle breakdown or driver negligence. Scalehouse. Cashier in scalehouse will charge all incoming vehicles according to volume or weight of solid waste, and will keep daily records of all receipts and solid waste volumes in a manner approved by ~. 'Traffic spotter. An attendant inside the transfer building will direct customers to the correct location to dump, will enforce safety rules, and Will check loads for Unacceptable Waste· Safety. Safety procedures will 'be developed by Contractor for all employee activities, customer recycling, and customer waste dumping, and submitted to Mq,-gOdt~ for review and approval· Fueling. Contractor will fuel all transfer trucks off-Site· 2.14 Buy-back Recycling. Contractor will operate a California Certified Redemption Center at the Transfer Station under permit from the Califonf~m Department of Conservation which will provide redemption 'bu~;~-n-the hours of 10 a.m. to4 p.m. Monday through Saturd~ r2~eSiveD~eP-;o~rloR&.cycling. C.on,tractor. w. ill ._l~¢voxa-~-~ee and, service separate bins t g segregated recy~a~le items from the public: aluminum fin cans, glass bottles and jars,~v~aper, corrugated cardl~oard~ ~n~.~m'e"~'o~f~ paper, box board, p!asfic~iners, milk and jtfi~e cartons~ ~'~-a~'~'~Tn~,,''°' appliances, tires ~9at-g'drap metals. No charge Will be made'to th~ ~-~'~or dron- off recyc lin~g.~ff~the specifi ed recyclab l es, e[~e~i-~o~-a~n~;; ~nTt~;~ ~ s~a ~e~' ~e~.ntract._o_r will accept aridifion~l' r-d~t~{~ ~t~~;n'~'~;;~/~s staten · nfified that will pay a price sufficient to cover'the handling cost and - ..,..,~.~. o ............... ~ Pa~e 16 transportation cost to get the recyclable to the market. Contractor max..c,~aase..~ accepting a recyclable item upon written agreement b~X.I~1~7~hich shall not be unreasonably withheld, that a sa~ing market no longer exists. Contractor will ens~.e, lha~.att'l'~ables received will be sold Or-~g~ie-~g'gona revenues fi.om sale of recyclable materials. 2.16 Household Hazardous Waste Recycling. Contractor will provide and service a tank for recycling of used motor oil, at no charge to the public for up to ten (10) gallons per customer per day. Contractor will accept used oil filters and store them in an appropriate container. Contractor will provide and service a tank for recycling of used antifreeze. Contractor will provide and service a container for recycling of used vehicle batteries, which will be accepted fi.om the public without charge. 2.17 Yard & Wood Waste Recycling. Contractor will accept recyclable compostable Yard Waste and Wood Waste fi.om customers at a desi Contractor will ship the Yard Waste and Wood Waste to [ MSWMA for composting or recycling. by 2.18 Reuse Facility. Contractor will provide a re~ where salvageable items such as doors, windows, furniture, ap toys, and tools may be donated by the Self-Haulers and made for give-away or sale to others by Contractor. Contractor will the recovery of reusable items, subject to the constraints of customer and storage space. Any reuse item for which Contractor sets a price will nevertheless be given away without charge if it is not sold within Contractor will keep the reuse area in a neat and orderly con and provide bins, walls or enclosures as necessary to contain reuse Contractor shall provide clear notice to customers that Contractor and disclaim any warranty for use or fitness of reuse items. 2.19 Unacceptable Waste Prohibited. Contractor shall not knowingly accept Unacceptable Waste at the Transfer Station, except for those recyclablc household hazardous wastes accepted in thc drop-off recycling area. Contractor shall continuously inspect customer vehicles and the tipping floor for presence of Unacceptable Waste. Unacceptable Waste shall be refused and returned to customer, unless the Unacceptable Waste is already dumped on thc tipping floor and the vehicle of origin is unknown. Contractor shall accept title to any Unacceptable Waste received at thc Transfer Station and safety segregate, contain, store and dispose of it in accordance with Applicable Law. -eot trot,- e,xrc, nseur,,n a. Paee 17 2.20 Refusal of waste. On every occasion where Contractor refuses Unacceptable Waste of any description which is brought to the Transfer Station by a customer, Contractor will inform the customer of the most convenient and economical legal option available for disposal of that waste. Written information on such disposal options will be kept available at all times in the scalehouse. 2.21 Title to Waste. Contractor shall accept ownership and rifle to all waste materials and recyclables at the time of unloading of such materials at the Transfer Station. Ownership shall have no implication with respect to revenue sharing agreements, if any, or Disposal Facility designation provisions, which shall be governed by specific provisions herein. 2.22 Subcontractors (A) Contractor will .transport, or cause to be transported, all Acceptable Waste to the Disposal Facility. Contractor acknowledges that transportation is a critical portion of the Performance Obligations hereunder. Contractor may subcontract for such transportation subject to approval by~ of subcontractor and/or terms of the subcontract, which shall not be unreasonably withheld, but Contractor shall remain liable to ~ for its Performance Obligations with respect to transportation hereunder. Any subcontract for transportation shall be assignable to MgI, Ig;M~ in event of termination of this Contract or use of the Transfer Station and equipment under Section 9.04. ~ shall be named a third party beneficiary of Contractor's rights under any such subcontract. Such subcontract shall require the subcontractor to provide ~ with notice of any breach or default by Contractor thereunder or the termination thereof. (B) Contractor will dispose of all Acceptable Waste at the Disposal Facility and shall secure rights as necessary and sUfficient to provide for disposal of such Acceptable Waste for the term thereof. As of the date hereof, Contractor may secure such rights pursuant to either the Subcontract with Potrero Hills Landfill, Inc., attached hereto as Exhibit "C", er *&e __ "D."~ Not later than 60 days following execution of this Contract, ......... ~; shall designate in writing which Subcontract shah take effect, and thereby designate the Disposal Facility to be used by Contractor. Contractor shall not amend the Subcontract without prior consent of -b.{£x,x.~.L{, which shall not be unreasonably withheld. TRUCK SWS: MSWMA: Paee 18 (C) Contractor will not direct or transport any Yard Waste received at the Transfer Station to any processor or user that has not been approved by (D) Contractor will not direct any Wood Waste received at the Transfer Station to any processor or user that has not been approved by ~ (E) Contractor will notify ~ of the names and addresses of all subcontractors undertaking any work arising from the construction or operation of the Transfer Station. ~)~the event that MSWMA designates the Allied Waste,,o(,Califomia 1.a~...dfi. l___~~Disposal Facility in accordance with Exhibit D hereto, and ~A~.lied W. a_ste._o?~,al~mia fails to operate this landfill, a replacement Disposa! .Fac. il_i_~__wfi! b'L~~ted in accordance with Exhibit "D," with _a_p_proval_ by MSWMA, and, in"'the.,~vent that the surety provided by Allied Waste .of,c.al.~.o_ ~mi_a.to _comPensate Co~Ir.a~or for increased costs is e__xh~usted, MSWMA shall designate, in its ~cretion, the Disposal Facility that Contractor thereUPon shall use, and the'e~nar~ti~ & Disposal COmponent of the Service Fee-shall be adju~sted-t~>-~o-n[p~ff''~' increased costs, if any, of Contractor for t~ansP0~a~i~-~-~n'~t~i~p~ new Disposal Facility. 2.23 Title. ~ shall remain owner of record of the Site and all improvements. Contractor acknowledges that-Mg.b~M& is the owner of the Site and upon expiration or sooner termination of this Contract, Contractor must vacate and return the Transfer Station to ~ 2.24 Permits. Contractor will obtain and keep in effect all permits required for the Transfer Station at its own expense, including, but not necessarily limited to: Authority to Construct and Permit to Operate from the Mendocino Air Quality Management District; Notice of Intent for Construction Activity Stormwater Permit from Califomia Water Resources Control Board; Solid Waste Facilities Permit from Local Enforcement Agent; and Building Permit from Mendocino County Planning & Building Department. Contractor will copy to ~ all permit correspondence, permit notices, draft permits and permits. 2.25 Records & Access. Contractor will maintain accurate and daily records of expenditures and revenues arising from this Contract separate from other business activities of Contractor. Contractor will keep and preserve records of all loads of Acceptable Waste~-.._.. ur~.~, xxr.,..a xxr~+,~, ~> ..... ~,,u~,~,, and household hazardous waste received at and shipped from the Transfer Station, and will report the total quantifies and payments received in each month to ~ not later than the~ay of the following month. Contractor shall record and report to · ................... · ,- Pace 19 -.~.fC',~,~.s~ the local government jurisdiction of origin of all Acceptable Waste.. Yo~d W~zte, o~_d Weed x3.~zz~ received from Franchised Waste Haulers, and will conduct origin surveys of Self Haulers sufficient to satisfy all origin reporting . requirements of the California Integrated Waste Management Board. ~ ,o,,,~, A ,_ _ designated representative shall be allowed access to the Site at all times when the Transfer Station is open, and shall be allow, ed to inspect any and all records upon request to verify the record-keeping procedures of Contractor. &~-£V.96A'v designated representative shall be allowed access to the Site during non-operating hours upon notification of Contractor's designated representative. Contractor shall keep records of hazardous waste disposal as required by Applicable Law. 2.26 Applicable Law. Contractor shall perform all its Performance Obligations under this Contract, and shall cause all its Subcontractors to perform Performance Obligations, in accordance with Applicable Law, including permits. Contractor shall be solely liable for all £mes and penalties that may be imposed on Contractor for violations of Applicable Law, including permits. 2.27 ~ Literature. Contractor's cashier will distribute to all Self Haulers any flier or booklet provided to Contractor by ~ for purposes of public education on solid waste handling or diversion. 2.28 Sign. Contractor will post adjacent to the cashier window, in clear view of all Self Haulers, a sign with the following statement in letters not less than 1-1/2" in height: "C ' omments regarding the operation of this facility may be directed to ~~_7 . ............ e, .................. : ~, ~.~o 9704". Th~ telephone number on~~.~ill be changed as directed by nl XlCl V, 3. svo sm ,mv, s 3.01 Waste Flow to Transfer Station. .......... °"'~";"" make~ no guarantee, explicit or implied, concerning the specific tonnage of Acceptable Waste which will be delivered to the Transfer Station. However, MSWMA and its participating member jurisdictions will utilize and enforce existing and future contractual agreements with solid waste haulers to direct all solid waste generated in the ServiCe Area to the transfer station, and will cooperate with Contractor in instituting actions for injunctive relief in the Superior Court and/or Federal District Court, upon request of Contractor. ' · , · ' ' ' ' ' ' ' Future judicial rulings or legislative actions may affect the ability aes,~exxr~A o,a ~o --~' · · .................. pm ::c:pagmg membe~ jurisdictions to direct waste flow, and therefore no warranty is made on success in enforcing contractual provisions. 3.02 Competing Facilities. -~ and its participating member jurisdictions will not participate as owners or operators of any competing large-volume transfer stations or transfer systems for out-of-county export of waste from the Service Area, nor will they issue requests for proposals for such' competing facilities or systems. Existing and planned self-haul transfer stations that direct solid waste to the Transfer Station are not considered to be competing facilities. ' ~ . 3.03 Covenants by~ Participating Jurisdictions. This Contract will not become effective until and unless the County of Mendocino, · ' ' ' entered into a binding covenant on waste flow and competing facilities as described in Sections 3.01 and 3.02, and if ~i~to approve said agreement within,60 days of the execution of this Contract, the"~'ol~act shall be null and void $~,~ Hazardou~ Waste Locker Service. · r~e~m~o~pose of Hazardous Waste which 5ontractor has'stored on Site in the..h~ardous~ocker and which MSWMA s household hazardous waste c_o!!ec, ti,o,n ,vehicl.e i.s .a_u~ to transport. Contractor will not place any re~c_y~c~l~a..b_l__e~h.o_u.s, eh~d h~ard_ou~ls in the hazardous waste locker which can be received in the Transfer Station's dro~recycling area. Contractor shall not place leaking or open containers in the l~a~r~e~ker and will not place incomp.a, ti. ble_ materials in proximity to one another.. -C~'~'~II be responsible for removal and disposition of any Hazardous-~-s~~~ MSWMA's vehicle cannot transport. [SWMA's vehicle cannot transport. ---~ ........... o,,, ,,,~...,,..,.~ ARTICLE 4. PAYMENTS 4.01 Components of Service Fee. Contractor will collect the Service Fee from the public for use of the Transfer Station. Contractor will not be entitled to any other payments by ~ or the public for performance of the work described in this Contract, except as stated herein. The Service Fee shall be stated and charged in dollars per ton, except as noted herein. The total Service Fee for solid waste shall consist of the sum of the following components: (a) Operating & Disposal ComponenL which shall be the sole compensation to Contractor for operation of the Transfer Station, transportation of Acceptable Waste to the Disposal Facility, and disposal at the Disposal TP-UCK SWS: -MSx3.~.a-a:-' Pa~e 21 Facility. The Operating & Disposal Component will initially be set at and remain at the following amount until July 1, 2000: -(~ If Potrero Hills Landfill designated: $41.64 per ton -dez'~:ated: $40.99 per ten_ Contractor to remove all Acceptable Waste fi. om~ each night can be waived, the Operating & D~mponent will be reduced by 5.0 cents per to_n. ~ MSWMA latex; determines aid ~~m~t~a,.te,~,,the Operating & Disposal Compon~[will · eased b,y 50 ce6ts, per ton. (b) Construction Cost Component, which shall reimburse Contractor for the capital costs incurred in constructioreof the Transfer Station, pursuant to the terms of this Contract. The amount of the Construction Cost Component will be set pursuant to Section 4.06, "Construction Costs." (c) MgWMA Surcharge Component, which sttall be set by the Board of Directors of the Mendocino Solid Waste Management Authority and shall be collected by Contractor and paid monthly to the MSWMA to fund certain solid waste services to the public· The existing level of the MSWMA Surcharge is $6 per ton and may be increased or decreased at the ~ole discretion of MSWMA. · 4.02 CPI Adjustment. On July 1, 2000, and each July 1 thereafter, the Operating & Disposal Component of the Service Fee will be increased or decreased by a factor equal to 75% of the percentage change in the CPI during the previous calendar year, except that this CPI Adjustment will not exceed 5% for a single year. 4.03 Adjustment for Low Tonnaee. ~- ,~ ,-,,~-, ,~o, ,~,~ ,~ ..... ~c ~ ~ ,' -, Waste received at ~e ~sfer statio~ id~~'~o,-b~o~g~ calendg yegs, not includ~g ~e f~st p~al yeg of operation, Co~~ m~*~d~~ elect to reqUest ~ audit to re~se ~e Opera~g & Dispos~~nent of Se~ce Fee. ~e audit will be c~ed out at Con~a~pen~e by ~ auditor approved by MS~ who will dete~e C~or's Opera~g Ratio. event ~at ~e Con,actor's Opera~g ~ more ~ .95 for ~e pre~ous C~end~ yeg, ~e Opera~g & ~~ Component ~11 be tempo[~ly ~creased effective July 1 of ~e fo~ ye~ to a level sufficient to fllo~ a Ratio. If, ~ a sub~t calend~ ye~, ~e to~age exceeds 4~0~ tempor~ ~ent will be ended effective July~ of ~-~11~-~ ~'~ ~e O~~ Disposal Component Mll be reSt°r~d ~o-~'~e~'~~ ~l~a~ ' ted had no tempor~ adjus~ent been made. 4.04 Taxes or Fees. Contractor is solely responsible for payment of all taxes, fees, and utilities charges associated with Contractor's Performance Obligations and use of the Site as of the date hereof. Contractor shall increase or decrease the Operating & Disposal Component of the' Service Fee to offset changes in Contractor's operating costs which result from the imposition or change after the date hereof in the rates of federal, state or local taxes and fees imposed upon 'and paid by Contractor for the transfer, transport or disposal of Acceptable Waste provided that such taxes or fees apply only to solid waste facilities or solid waste management activities. Any such adjustment shall be separate and in addition to any adjustments pursuant to Sections 4.02 or 4.03. ot later man acceptance of Transfer Station completion by MS~ctor will pay to MSWMA a sum equal to the outstanding p~x~'"th a $550,000.00 1,~a~__ .made t.o.M.SWMA on May 17,. 1996 b~L33/-e~i~erica Bank, which MSWMA .s a~ll..m~_ _e_d_lately pay to Wes~ for the purpose of paying off this loan m tu!l..MSWM~_ ~ayments on the loan current and ~m~ p~nalties or-- .pen~alty mt~gr-ost~all be paid by MSWMA up until the date of pa5} ;ff of the loan tractor. 4.06 Ct'nstruction Costs. Contractor will keep a separate record of all Construction Costs. Upon acceptance of the Transfer Station by Contractor will present to MSX. x.~?~ an accounting of all Construction Costs, .as documented by receipts and other records, which shall allow calculation of the Construction Cost Component of the Service Fee_~ follows: Constructionff, gxu~----' f/~$~ will be level-payment amortized over 20 years at~ interest rate ~d the Construction Cost Component of the Service Fee w/_ '11 C~n_"-~ °_."_2 will equal the lesser of (1) the annual paylp~ ent.s, of principal and t ,, ~nterest divided by~n~~~ tons or (2),.~er ton). · · . · · · e, stima.ting to. tal fac!lity construction costs. If MSwMA, aetermines that such a traffic signal is necessary, Contr~ll pay any po~on of the traffic signal installation Costs that cann~~f~ed fr~-~-~h-~r those costs of Contractor will be addelLma~e total Constmc~-~l- project as described herein. ~nt that such additional t~-s-i-g~l-~sts cause Contractor's to onstmc ' c~ause Con. tract_or's to~tagC:~6~tmcfion Costs to exceed-$~,-ib~,~)~)-0~'~'' uonstructi~Component shall be increased to allow amortization of the ,..~:ionaT~amount above $4,100,000.00. - - · ..................... :_ Pa~,e23 4.08 Financing Documentation. Contractor shall not enter into any f'mancing agreement for the capital costs of construction of the Transfer Station that involves use of the Transfer Station. as collateral for financing, without the prior consent of 4.09 Assumption of Capital Costs. ~ shall retain the right, at any time during thc term of the contract, to reimburse Contractor for the outstanding principal of thc Construction Cost and thereby eliminate the Construction Cost Component of the Service Fcc. The outstanding principal of the Construction Cost shall be calculated using level-payment monthly amortization over a 20-year term interest rate of ~ t~nc~. ' at& 4.10 Self Haul Service Fee. Contractor may elect to levy a charge for delivery of Acceptable Waste from Self Haulers which is based on volume, instead of weight. The minimum charge based on volume will be for a quantity of not more than one-half cubic yard. To establish the volume-based fee, Contractor will apply a weight-density ratio of 300 pounds per cubic yard and will apply this ratio to the Service Fee per ton to calculate the equivalent cost per. cubic yard, which may be increased by 10% to set the Service Fee per cubic yard, in recognition of Contractor's additional costs in handling small loads. Any customer may elect to be charged by weight, rather than volume, unless the Acceptable Waste falls into a particular category for which~ has approved in writing a special charge schedule. respectively, delivered to the Transfer St~ t0-~gntractor,s pir. e,.c.t. C ost~ to MS~~.'~;;rT:).~.'e~'"p'~;~'e~;-~; ~ paying processing fees thereof. · .delivere .d. to the .Transfer Station, in amounts equal transporting such materials to processinl~_or.x, eexrSl~'h~gg~ng facilities and paYing- processing or recycling fees~WMA~ refriger_ant ~om appliances re-c~e~-e-fi- ~i-t~ "~a~'~;t~; cost actor. 4.13 Change Orders. TRUCK SWS: MSWMA: Paee 24 (a):M£x2.~.Ln~ may direct a Change Order to the final Plans and Specifications both before and after the Acceptance of the Transfer Station. The total of Construction Costs shall be adjusted to reflect any such Change Order, and the required completion date may be extended if required to carry out the Change Order. (b)~may direct a Change Order in the scope of Performance Obligations, including Transfer Station operations, transport services and/or disposal services, at any time. The Operating & Disposal Component of the Service Fee shall be adjusted if necessary to offset any increased costs to Contractor arising from such a Change Order. (c) Any disputes between Contractor and ~ concerning the impacts of a Change Order on costs or completion date shall be decided by the Independent Engineer as provided by Section 11.03. ARTICLE 5. ALLOCATION OF RISK; UNCONTROLLABLE CIRCUMSTANCES 5.01 Contractor reliance. Contractor warrants that prior to entering into this Contract, it has examined carefully and acquainted itself with: (a) all Contract documents (b) the Transfer Station project (c) all applicable federal, state, and local laws, regulations, ordinances, codes and rules, and (d) any-and all other matters necessary to the performance of this Contract. 5.02 Uncontrollable Circumstances. Breach of Contractor's Performance Obligations and MS'J,~&¥~ obligations hereunder are excused by Uncontrollable Circumstances that necessarily and unavoidably prevent performance of any component of the project, groxide, d the party claiming prevention exerted due diligence to prevent the occurrence and mitigate the effects of such Uncontrollable Circumstances.- 5.03 Notification. The party with knowledge of the occurrence of an Uncontrollable Circumstance shall notify the other of the event and its effect on its Performance Obligations promptly, but in no case more than twenty-four (24) hours after the discovery of the event. Notice shall again be given when the effect of the occurrence of an Uncontrollable Circumstance has ceased. 5.04 Alternative Service Arrangements. Notwithstanding the provisions of Section 5.02, in the event that Contractor fails or is unable to fully and' timely meet its Performance Obligations because of an Uncontrollable Circumstance, Contractor shall use its Reasonable Business Efforts to make available to ~ feasible alternative arrangements meeting its Performance Obligations, at the prevailing fees then in effect at such services, for the period during which such event continues. Failure of Contractor to secure alternative arrangements as provided in this Section shall not be deemed a breach of this Contract, provided that Contractor has exercised good faith efforts to make such alternative arrangements. ~ has the right to make such alternative arrangements independent of Contractor. 5.05 Insurable Uncontrolled Circumstances. If any of the equipment at the Transfer Station or Contractor's vehicles are damaged or destroyed due to explosion, floods, fire or other events for which the Contractor is obligated to carry insurance pursuant to Article 10, Contractor shall act diligently to promptly collect and apply insurance proceeds to the correction or reconstruction of the equipment or vehicles, ARTICLE 6. INDEMNIFICATION ~6~._0.1_ ~H_ 0Id' Har~n~e~e~ssd- .Con_tractor shall ass~e defense of, and indemnify and .......... , ............ L1 OI - ~-. · . . j .... ~, ty OKlall, ....... -?,~e,, ..... ; ......... ~ and ~ers, officials and employees, from all stats, actions, costs, damages, claims, judgments or losses arising from Contractor's performance, acts, errors, or omissions under the Contract, but ~e_xc_l~u~i~._ g lia.,bili.ty d.ue to, th__e_acfi, ve negligence or ~illful misconduct ~n. ff~.a)u..on, ~on~rracror. snail be hable to ~ for any loss or damage to st.ano p ope adding or in onn aon with perIormance lleretmoer. ARTICLE 7. SURETY 7.01 Performance Bond. Within fourteen (14) days following the of ~e Covenant described Ln Section ~ n~ by *~-~ r, .... ,., ~,c ~...~,~,,.q,:, City of Ukiah,: r-;,., ,.c v:,,,.~ n,.o., o.a r,;~, ,,cxxn~;~, Contractor shall deliver to ~ and continue in force an irrevocable letter of credit with ~ designated as sole payee, or a cash deposit, or a performance bond issued by a corporate surety company authorized by the State of California and approved by M_SV.~.~_~ to insure the faithful performance by Contractor of each and every term of the Contract, in the amount of $500,000.00. ---,~,~.,. o ,, ~, .......... ~,.~ Pace 26 7.02 Payment Bond. Prior to commencement of construction of the Transfer Station, Contractor will provide to ~ an estimate of total labor and material costs of construction. Contractor will provide to ~ a labor and material payment bond in the amount equal to 100% of projected labor and material costs to guarantee payment to suppliers and subcontractors. The payment bond will be issued by a corporate surety company authorized by the State of California and approved by ~ and will remain in force until released by MS';,~,L~ upon completion of the facility and payment of all suppliers and subcontractors. 7.03 Personal Guaranty. Contractor is a California corporation that is wholly owned by?J~_-n~_: P.z~.e, who agrees to personally guarantee the obligations and liabilities of Contractor under the Contract. ARTICLE 8. ASSIGNMENT 8.01 Assignment. Contractor shall not directly or indirectly, voluntarily or involuntarily assign, mortgage, pledge or encumber any interest in all or a part of the Contract and shall not transfer any controlling stock or ownership interest in Contractor without prior written consent of~g-l~Mgt, which ~ shall not withhold except for cause following a review by ~'of the f'mancial means, experience, capabilities and the history of governmental relations of the party to which the ownership interest woul~l l~e transferred. Any assignment made without the consent of ~ shall be void. ARTICLE 9. 'DEFAULT 9.01 Contractor Default. There shall be three classes of default by the Contractor in its performance under this Contract: (a) Class A Default includes: (i) Contractor's failure to procure and/or maintain any performance bond, payment bond, or insurance required hereunder; (ii) Contractor files a voluntary claim for debt relief uflder any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, or custodian of Contractor for any part of Contractor's operating assets T/aT/. ~IT42. n~exxr~ ^. Pa~,e 27 or any substantial part of Contractor's property, or shall make any general assignment for the benefit of Contractor's creditors; (iii) A court having jurisdiction enters a decree or order for relief in any involuntary case brought under any bankruptcy, insolvency, debtor relief or similar law now or hereafter in effect, or Contractor consents to or fails to oppose any such proceeding, or any such court enters a decree or order appointing a receiver, liquidator, assignee, custodian, or trustee of Contractor for any part of Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs of Contractor; (iv) Contractor's failure to transfer all Acceptable Waste from the tipping floor of the Transfer Station in accordance with Section 2.08 and transport such Acceptable Waste to the Disposal Facility on more than three occasions of three or more days' duration in any calendar year. (b) Class B Default includes: (i) Contractor's failure to meet its Performance Obligations with respect to Transfer Station development by the times provided in Section 2.02; (ii) Contractor's breach or default under any subcontracts relating to Contractor's Performance Obligations, including subcontracts for transportation and disposal; Contractor's failure to secure provisions in such subcontracts requiting the subcontractor to promptly notify ~ of such breaches or defaults; and Contractor's failure to promptly notify MSWMA of such breaches or defaults; (iii) Contractor's failure to deliver Acceptable Waste to the Disposal Facility in accordance with Section 2.22 o..n~ Y~-~d Waste o._-.~ (iv) Contractor's direct or indirect change of control or transfer of a direct or indirect controlling interest in the beneficial ownership of Contractor in violation of Section 8.01. (c) Class C Default includes any other failure by Contractor to fully and timely meet its Performance Obligations. 9.02 Consequences of Contractor Default. (a) Class A Default. In the event of a Class A default, MSWMA may at its sole discretion: (i) be released from its obligations under this Contract and use any other method or person to operate the Transfer Station and to transport and/or dispose of solid waste, including direct operation of the Transfer Station by MSWMA or its agents, and may sue for actual damages; (ii) seek judicial remedy of specifiC: performance; (iii) pursue any combination of the foregoing or any other remedy provided under this Contract; or (iv) foreclose on the performance bond required by Section 7.01, "Performance Bond." (b) Class B Default. In the event of a Class B default, the Contractor or Surety shall be permitted to remedy the default within fifteen (15) days' from notice by ~ and shall pay ........... ~_, t,~-~-mm~ ^ from the date of that ~~onO~ce to the date the default is remedied, liquidated damages in the amount 7,599.99 Fcr d~. If the Class B default is not remedied within the time stated in the notice,~ may, at its sole option, exercise the remedies provided in subsection (a). (c) Class C Default, In the event of a Class C default, the Contractor or Surety shall be permitted to remedy the default within thirty (30) days from notice by ~ and from ten days after the date of that notice to the date that the default is remedied shall pay to M£V.~.a~. liquidated damages in amount of $500 per day. If such default is not timely remedied, M£V.~.{A. may, at its sole option, exercise the remedies provided in subsection (a). (d) The amount of liquidated damages stipulated in this Section shall be adjusted annually by the CPI in the same manner as the Service Fee. ...................... .~ Pa~,e 29 (e) The parties acknowledge that consistent, efficient Transfer Station Operation is of utmost importance to ~fC~h4~, and M£'J.~.L5 has considered and relied upon Contractor's representations as to its quality of service commitment in entering into this Contract. The parties further recognize that quantified standards of performance are necessary and appropriate to ensure consistent and reliable service. The parties further recognize that if Contractor fails to meet its Performance Obligations, Self Haulers, Franchised Waste Haulers and ~ and the public will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the parties agree that the above-stated liquidated damages represent a reasonable estimate of the amount of such damages. 9.03 Default Procedure. (a) ~ To initiate default proceedings under this Section, ~'s representative shall give written notice to Contractor's representative and its Surety of~'s intention to declare the Contractor in default. Unless the Contractor promptly shows cause to M,g-~CM~'s satiSfaction why it should not be declared in default under the Contract, MqC~M~ shall declare the Contractor in default and notify the Surety of such declaration. (b) Performance by Suretv~. In the event that ~ orders the Contractor to discontinue further performance under the Contract and transfers Contractor's obligation to perform to the Surety, the Surety shall, within twenty-four (24) hours, assume performance of the Contract and, as soon thereafter as possible, but no later than seventy-two (72) hours after M£'3~?~x transfers Contractor's obligations to the Surety, take possession of all vehicle and equipment necessary to perform the work in accordance with applicable law. The Surety's action under this Section shall not relieve it of its obligations under the Contract and the bond. (c) ' . ' ' If the Surety fails to effectively and competently assume or continue performance within four (4) days of the effective date of notice from M£V.~.La., .M£¥,~.L~ may exercise its rights to foreclose on the performance bond. (d) Uncontrollable Circun~tances. A delay or interruption in the performance of all or any part of the Contract resulting from Uncontrollable Circumstances shall not be deemed a default under this ~ except that, TRUCK SWS: MSWMA: Paee 30 if an Uncontrollable Circumstance occurs and prevents &gg.hl~h4& or Contractor from performing the Contract for a period in excess of ninety (90) days, then each Contractor and4~~M~ shall have the right, in its sole discretion, to terminate this Contract. 9.04 ~ Use of Contractor Equipment. If the COntract is terminated for cause by ~-o,,,~A ~m~r~^ ......... ~, .......... or its agents may utilize all or any portion of Contractor's equipment as is appropriate to operate the Transfer Station. Contractor hereby grants to ~ at no cost to ~ an irrevocable offer to a one year lease, or portion thereof in monthly increments, of any or all of Contractor's equipment at a fair market lease rate in the event M£',x.~.~ terminates this Contract for cause. At the time of termination, ?-£?.~.{A shall give written notice to Contractor of its desire to lease all or a portion of Contractor's equipment by specifying the item of e 'nmont l~l~xl~t n_ qms. ....... : .......... desires to lease. With respect to each item of equipment specified, ~ may immediately begin using such equipment and may take physical possession of it. The equipment of Contractor shall be returned to Contractor in the same condition as existed at the time when M£V.~.L~ obtained the same, with the exception of~ordinary and reasonable wear and tear. 9.05 Remedies Not Exclusive. M~/;M~'s rights and remedies in event of Contractor's breach and default hereunder are not exclusive. ~'s exercise of one such remedy is not an election of remedies. ARTICLE 10. INSURANCE. 10.01 Insurance Requirements. Contractor and all Subcontractors will continuously maintain insurance in the following amounts: $1,000,000 combined single limit general liability for bodily injury, personal injury and property damage; $1,000,000 combined single limit automobile liability for bodily injury and property damage; $1,000,000 worker's compensation. Any deductibles or self- insured retentions must be declared to and approved by~ in writing. ~, its officers, officials, and employees are to be named as additional insured on all insurance policies except worker's' compensation, 'with an endorsement that states that coverage shall not be suspended, voided, reduced in amounts or in limits except after 30 days' written notice to M£V.~.{,% as stated in Certificates of Insurance which shall be provided to M£x.x.~.{A. The insurance policies shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of TRUCK SWS: MSWMA: Pace 31 Best's Insurance Reports of size category VII or larger and a rating classification of A- or better. 10.02 ,MglgM~ Property. ~ shall maintain property coverage insurance for ~-owned improvements at the Site. ARTICLE 11. i~ISPUTE RESOLUTION. 11.01 Independent Engineer. As of the date hereof, the Independent Engineer is --tmlT~'~l~l' II-'11 I '11 l~___J ...... 0.-2~.~ ,,,~,^ ~_,.,__., t- A ~b h ~e event ~e ~dependent En~eer resins or is o~e~ise ~able 'to peffo~ se~ces here~der or eider p~ Mshes to select a different en~eer, each P~ shall prep~e a sep~ate list of five ~dependent en~eers hamg expe~nce ~ ~e desi~, conS~cfio~ accept~ce ~d operation of ~sfer stations, matedal recove~ facilities ~d y~d waste process~g facilifies~ ~ numerical order Mth ~e ~st preference at ~e top, ~d exch~ge ~d co~p~e lists. The ~dependent en~eer r~g ~est on ~e ~o lists by hamg ~e lowest total r~ order position on · e ~o lists shall be ~e ~dependent En~eer. ~ 'case of a fie ~ scores, ~e ~dependent En~eer hamg ~e smallest difference be~een ~e r~gs of ~e ~o p~es shall be selected; o~er ties shall be dete~ed by a co~ toss. If no ~dependent en~eer appe~s on both lists, ~s procedure shall be repeated. If selection is not completed a~er ~e exch~e of ~ee lists or si~ days, w~chever comes f~st, ~en each P~ sh~l select one ~dependent end'er ha~g experience described above ~d ~e ~o en~eers so selected shall toge~er select ~ hdependent En~eer. 11.02 Independent Engineer Costs. Parties shall pay the costs of the Independent Engineer in accordance with the provisions hereof; prfzYid~ that if no provision is specifically made, the Parties shall share the costs of the Independent Engineer equally for the first three arbitrations or mediations brought in any Contract Year, and thereafter shall be borne by the loser, as determined by the Independent Engineer. 11.03 Arbitration for Specified Disputes Only. Following the Parties motual' good faith efforts to resolve disputes listed in this paragraph below for a period of no less than thirty days, or prior-to the acceptance of the Transfer Station in accordance with Section 2.04, ten days, the Parties shall each give the' Independent Engineer Notice detailing the dispute together with a written statement of each Party's position thereon. Parties shall simultaneously exchange copies thereof. The determination of the Independent Engineer with respect to these SPecific disputes shall be binding: ' .(a) --M£~J.~.a~r approval of final Plans and Specifications for Transfer Station construction. (b)--Mg, gCh4,a,,acceptance of Transfer Station. (c) Contractor accounting of actual Construction Costs of Transfer Station (d) adjustments in Construction Costs, Service Fee or completion date due to Change Orders directed by MSV,~,L\ - (e) any other disputes which both Parties agree to submit to the Independent Engineer for determination on a binding basis. Both Parties shall, in good faith and in writing, promptly provide the Independent Engineer with any and all information and docmentafion the Independent Engineer requires or requests in order to make its determination. Each Party shall simultaneously provide the other Party with copies thereof. Neither Party shall communicate orally with the Independent Engineer uales~ the other Party is privy thereto. Neither Party shall communicate in writing with the Independent Engineer unless it simultaneously sends copies of such communication to the other Party, in the same manner that it sends such communication to the Independent Engineer. 11.04 Determination. The Independent Engineer shall make its determination based on the submissions of the Parties, the provisions hereof, and other factual determinations it may make regarding the matter in dispute. 11.05 Studies and Surveys. The Parties may request the Independent engineer to conduct studies and surveys with respect to breaches or disputes hereunder. Cost of such surveys and studies shall be paid as the Parties may agree. 11.06 Optional Arbitration. In addition-to the specified, disputes that will be submitted to the Independent Engineer, any other dispute may be referred to binding or non-binding arbitration under procedures that the parties shall adopt, if Contractor and,Mg~M,~, mutually agree to conduct such arbitration. ARTICLE 12. TERMINATION TRUCK SWS: MSWMA: Paee 33 12.01 Contractor Will Vacate Upon Termination. Upon termination of this Contract for any reason, including termination by ~.~£x,x.~.L5 due to Contractor's default, Contractor shall immediately vacate the Transfer Station and deliver possession, thereof to .~.s,£x.x.~.~5, together with all furnishings, equiPment, spare parts, patents, licenses, and all personalty acquired with proceeds of the Service Fee; maintenance and supply contracts, permits; and then current Plans and Specifications, operations and maintenance manual and all records relating to Transfer Station development and Transfer Station operations. "Delivery" includes physical delivery, transfer, assignment or similar relinquishment by Contractor to~. Contractor's and Contractor's affiliates, employees and subcontractors shall cooperate with Mq, gCb~ and regulatory authorities in effectuating the transfer of permits to ~qCNgM&' including executing documents, attending meetings and providing administrative support. Contractor shall further leave the Site and Transfer Station, including all furnishings and equipment inside and outside the Transfer Station, in clean and functional condition, ~' operable by other persons in accordance with the operation and maintenance manual, subject to ordinary wear and tear. This Section shall survive the termination of the Contract. ARTICLE 13. GENERAL PROVISIONS 13.01 Governing Law. This Contract is made in and shall be construed under the laws of the State of California, and any actions filed hereunder shall be filed in the County of Mendocino, State of California. 13.02 Severability. If any Contract provision is held void, invalid, or unenforceable under any applicable law, the remaining provisions of the Contract shall remain in effect and bind the parties; however, the parties shall negotiate in good faith to amend the Contract to effectuate the intent of any void, invalid, or unenforceable provision, if permissible under applicable law. 13.03 Time of the Essence; No Waiver. Time is of the essence in this Contract. --?-£x.x,~.~'s or Contractor's failure to object to a breach of any Contract provision is not and shall not be construed as a waiver of that provision. The payment or acceptance of compensation to any breach is not and shall not be deemed an acceptance of that breach. Any waiver must be in writing. 13.04 Construction of Terms. Unless otherwise specified in the Contract, words describing material or work that have a well-known technical or trade meaning shall be construed in accordance with the well-known meaning generally recognized by solid waste professionals, engineers and trades. TRUCK SWS: MSWMA: Paee 34 13.05 Personal Liability. This Contract is not intended to create or result in any personal liability for any public official or ~ 'employee or agent, nor shall the Contract be construed to create that liability. 13.06 Subsidiary Contracts. No contract between Contractor and its subcontractors, officers, employees or agents, including all contracts relating to construction, use, operation of the Transfer Station, transportation vehicles or disposal site, shall prevent, expressly or in effect, the Contractor from performing its obligations under this Contract. 13.07 Independent Contractor. Contractor shall perform all work under this Contract as an independent contractor. 'Contractdr is not and shall not be considered an employee, agent, subagent, or servant of M£x,x.~.~sz for this Contract or otherwise; Contractor's subcontractors, employees, or agents are not and shall not be considered employees, agents, subagents, or servants of M£x.x.~?~ for this Contract or otherwise. Nothing in this Contract shall be construed as creating a parmership or joint venture between Contractor and ~ or as giving ~ a duty to supervise or control the acts or omissions of any person performing services or work under the Contract. 13.08 Dissolution of~S.£xA.mA.s.~ In the event that~ is dissolved or its functions and power relative to this Contract are taken from,M,g.xJ~M& by legislative act, or by referendum of the people, or by agreement, all of the duties, rights and remedies of M2'.VI?.~.~5 under the Contract, including, but not limited to, any bonds executed for this Contract, shall remain in full force and effect and shall be transferred to the successor to ~ as specified by the legislative act, agreement, or referendum by which-Mgggh4~ is dissolved. 13.09 Notices. All demands, directions, selections, option exercises, orders, requests, proposals,, comments, acknowledgments, approvals, consents, certifications, waivers and other communications made hereunder shall be in writing and deemed served when: (a) delivered in person to the person to whom it was intended; (b) if sent by certified mail or other carder, remm receipt requested, to that person at the person's last known business address; or (c) if sent by facsimile (confmned promptly by the means described in Clause (a) or (b) of this p~ragraph). The date or time of service shall be three (3) business days after the date or time the relevant document was mailed to that address; one (1) business day after the relevant document was faxed to that fax number; and the same day if personally delivered to the specified person and/or address. Contractor shall address all notices and correspondence to Mg~,qM~ to ~ representative as follows: " ....... '~ ............... -- Pace 35 Ukiah, CA 95482 Phone: (707) 468-9%1~ '/$~-~../0 Fax: (707) ~WoS~aOq~ qb..~-$~t -MsT, rI'vL4 shall address all notices and correspondence to Contractor to Contractor's representative as follows: L,.,; L LL(,Lt L ""' ~ 76~ tax: ~/u/1 765 The addresses and phone numbers for the repre~entatiyes of the Parties may be updated by written notice as necessary. ' 13.10 Article, Section and Subsection References. Any Articles, Sections or subsections mentioned in this Contract by number only, without reference to another document, refer to those Articles, Sec.fions or subsections contained in this Contract. All Article, Section or subsection headings contained in this Contract are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Contract. 13.11 Amendment or Waiver. Neither this Contract nor any provision hereof may be changed, modified, amended or waived except by written instrument signed by the parties. 13.12 Integration. This Contract contains the entire agreement between the parties with respect to the transactions contemplated hereby. This Contract shall completely and fully supersede all prior understandings and agreements between the parties with respect to such transactions, including those contained in MSWMA's Request for Proposals for services hereunder, and Contractor's proposal in response thereto. TRUCK SWS' MSWMA: Pace 36 13.13 Execution in Counterparts. This Contract may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Contract. 13.14 Compliance with CEQA. This project will comply with the California Environmental Quality Act before construction commences. Neither the act of selecting Contractor nor the. execution o~' this Contract shall require prior compliance with CEQA. ' 13.15 Security for Construction. This Contract provides adequate security for the construction of the Transfer Station to ensure its completion, and provides for the protection of the revenue stream of the project. 13.16 Adequate Financial Resoui:Ces. Contractor possesses adequate financial resources to design, build~ and operate the Transfer Station after the date of this Contract. 13.17 User Fees. This Contract sets forth the terms for Contractor's imposition of user fees. ~ will not exercise independent fee setting authority throughout the term of this Contract except as set forth in Section 4.0 l(c), "5.5£x.x.~.a,A _ Surcharge Component." User fee revenues are in an amount sufficient to protect the revenue stream necessary for the project. User fees are dedicated exclusively to payment of Contractor's direct and indirect capital outlay costs for the project, direct and indirect costs associated with operations, direct and indirect user fee collection costs, direct and indirect administration of the Transfer Station, reimbursement for the direct and indirect costs of maintenance, and a reasonable return on investment to Contractor. ARTICLE 14. TERM 14.01 Term of Contract. The term of the Contract shall continue for twenty (20) years beginning on the date of the Acceptance of the Transfer Station by MSWMA in accordance with Section 2.04, unless terminated earlier pursuant to terms of the Contract. ~ shall have the right to extend the term of the Contract for an additional five (5) years, at MSWMA's sole discretion, provided that notice is given to Contractor not less than six (6) months prior to expiration of the Contract, Tt~Tr~t~ cxxre, nsexxr~a. Pace 37 IN WITNESS WHEREOF, this Contract was executed by the parties hereto as of the latter of the dates written below: By: DATE: ATTEST: By: DATE- ~/'hT TT"l II/'ACT12C ~VCT'I2I[IQ By: DATE: Date: 9--97' ~.~ED 1 ! : O..~5_ This Agreement is made and entered into, as of the later of the dates of execution, by and between SOLID WASTES SYSTEMS, INC., ("SWS"), a California corporation, and POTRERO HILLS LANDFILL, INC., ("Potrero Kills"), a California corporation, who shall collectively be referred to as the "Parties.,, 1. Potrero HiLls warrants and represents that it owns and operates the Potrero Mills Landfill ("Landfill',), a fully-permitted solid waste landfill in Suisun, California, and has'title therein sufficient to perform its obligations hereunder. 2. Potrero Hills acknowledges that, pursuant to a contract ("MSWMA Contract") with the Mendocino Solid Waste Management Authority ("MSWHA,,), Sws will operate a solid waste transfer station at 3401 N. State Street, Ukiah, California ("Transfer Station"), serving a portion of Mendocino County, California, and will provide for transportation of the solid waste to Landfill~ and that this Agreement forms am essential supplement to the MS~4A Contract, and without this Agreement, MSW~ would not enter into the MSWMA Contract. 3. SWS will deliver all Acceptable Waste accepted at the Transfer Station pursuant to the M$%~ Contract to the Landfill. SWS shall inspect waste delivered to the Transfer Station as required by Applicable law and the MSWMA Contract to exclude hazardous wastes. 4. Commencing with Trial Operations, start-ups and Acceptance Testing of the Transfer Station in accordance with the MSWHA Contract. Potrero Hills 'shall accept and dispose through landfilling all solid waste delivered by SWS at the Landfill in accordance with Applicable Law, the Landfill's permits and accepted industry practices. ' 5. Potrero Hills shall make available and reserve sufficient fully-perl~itted Landfill capacity to accommodate all Acceptable Waste generated in the Service Area of MS~4A for the entire term of this Agreement including an}, extensions that may be exercised by SWS at the direction of MSW~. · 6. Landfill shall be open to receive deliveries of solid waste by SWS between the hours of 6:00 a.m. and 10:00 p.m., 7 days per week, 365 days per year. 7. Effective January 1, 1999, the total tipping fee charged by Potrero Hills to sws for receiving and disposing of solid waste shall be $22.00 per ton. Beginning on July 1, 2000, and on each July i thereafter, the fee shall be increased or decreased by a percentage equal to 75% of the percentage change within the previous calendar year in the San Francisco-Oakland-San Jose Consumer Price Index, All Items Index, Ail Urban Consumers published by the U.S. Bureau of Labor Statistics. \139670 :1 8. SWS shall pay Potrero Hills within thirty (30) days of receiving an acceptable invoice from Potrero Hills for the preceding month. 9. The total tipping fee charged by Potrero Hills to SWS shall include all taxes, license fees or host fees imposed by any government entity upon Landfill and a change in those fees shall not be cause for a change in the fee charged to Contractor, except that the imposition or increase in federal or sta:e taxes or fees which apply only to solid waste disposal facilities, above the level of such fee~ as of the date herein, shall be added to the tipping fee. 10. Potrero ~ills shall provide and operate a tipper machine to empty SWS's transfer trailers or rail containers by elevating them so that solid waste falls by force of gravity through the rear opening in the transfer trailer. Potrero Hills shall ensure that the tipper is available to SWS and functioning during all hours that Landfill is open to receive SWS's deliveries. 11. Potrero Hills shall indemnify, hold harmless and defend SWS, MSWHA, County of Mendocino, Ci. ty of Ukiah, City of Fort Bragg, and City of Willits, and their officers, agents and employees, from and against any and all losses, damages, costs, charges, expenses, suits, actions, claims, Judgments, llabilities and attorney's fees directly or indirectly resulting from, arising out of, or related to P0trero Hills, ownership, operation, remediation, closure or post-closure of Landfill, including, but not limited to, environmental impairment and any liabilities under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This indemnity of SWS, MSWMA, County Of Mendocino, City of Ukiah, City of Fort Bragg and City of Willits by Potrero Hills is intended to operate as an agreement pursuant to 42 U.S.C. Section 9607(c) and California Health and Safety Code Section 25364 to insure, protect, hold harmless and indemnify said indemnities from liability in accordance with this Section. Said indemnities do not hereby waive or surrender any other indemnity available to all or any of them under any Applicable Law. 12. Potrero Hills shall comply with all Applicable Law pertaining to operation and closure of Landfill and its Performance Obligations hereunder, including closure and post-closure financial assurance through maintenance of dedicated funds as required by Applicable Law. Potrero Hills shall continuously possess and comply with all permits required by Applicable Law for operation of Landfill. Potrero Hills shall provide to SWS, or' to MSWMA, evidence of compliance with all such permits laws and regulations promptly upon request. ' 13. Iht he event of termination of the MS~A Contract for any reason, this Agreement shall also terminate unless MSWHA, within thirty (30} days of receiving notice of such termination, gives notice to Potrero Hills of its intent to keep this Agreement in effect, in which case this Agreement shall remain in effect and \l)OC \PO0~90~'I \'119~70 2 P- 04 MSWMA shall succeed to all the rights and assume all the obligations of SWS under this Agreement-as of the date the MSWMA Contract terminates. 14. Potrero Hills shall notify. MSWMA immediately in writing of any payment delinquency default or termination of this Agreement. ' ' 15. No amendment or waiver of the terms of this Agreement shall be made by either Potrero Hills or SWS without written consent of MSWMA, given at its sole discretion which consent shall not be unreasonably withheld. Potrero Hills hereby acknowledges and declares that MSWMA, County of Mendocino, City of Ukiah, city of Fort Bragg and City of Will/ts are and shall be third party beneficiaries of this Agreement, including, without limitation, indemnification hereunder, and may enforce their rights against Potrero Hills hereunder directly, as if parties hereto. 16. A fully-executed copy of this Agreement bearing original signatures shall be provided to MS~{A. All communications to MSWMA shall be addressed to the address below, or such other address provided from time to time by MSWMA: General Manager ~ENDOCINO SOLID WASTE ~NAGEM~NT AUTHORITY 10L W. Church Street, $9 P. O. Box 123 Ukiah, CA 95482 Telephone: 707-468-9704 Facsimile: 707-468-3S77 17. Time is of the essence in this Agreement. Parties' failure to object to a breach of any provision is not and shall not be construed as a waiver of that provision. The payment or acceptance of compensation to any breach is not and shall not be deemed an acceptance of that breach. Any waiver must be in writing. 18. Ail terms not defined herein, including, without limitation, Acceptable Waste, Applicable Law, Direct Costs, Service Area, Yard waste, Wood Waste, recy¢lables and hazardous waste, whether or not capitalized, shall have the meanings defined in the MS~MA Contract. 19. T~ts Agreement shall not become effective until and unless all of the following occur within 120 days of the execution of this Agreement: " a. MSWMA executes the NSWMA Contract; b. MS,dA member jurisdictions adopt covenants as required by the MS~.~ Contract concerning waste flow to the Transfer Station; and, \OOC \P0059021 \ 13'~&70 3 C. MSWMA delivers written notice to SWS that Landfill shall be the designated disposal site under the MSWMA Contract. 20. The term of this Agreement shall be ten (10) yea~s, beginning with the first delivery of waste to the Transfer Station in 1999. SWS may extend this Agreement for two successive terms of five (5) years each with the concurrence of MSWF~. Executed this day of California. ,' ~ ..."--.r_-2~'~,'~?.o~'~.,'' ...~..~...~_/ "/ ' -., __, 1997, at SOLID WASTES SYSTEMS, INC. \03C\P0059021 \t)9670 4 Appendix B Sample Contract For Rail Transport and Disposal S.e. rvices Only (Submitted on Computer D~skette w/Original Copy Only) Appendix C Draft Mark-up Lease Agreement Between City and Waste Solutions Group GROUND LEASE AGREEMENT This Lease, made this day of 4~%~., ~, by and between the CITY OF UKIAR, State of Ca![fornia, acting by and through its City,~.~.~. Council, hereinafter referred to as "Lessor" and ri_O°_ L_ _eTOUT LCP. P_~.I?.E ~-~'~ hereinafter referred to as "Lessee" RECITALS: 1. Lessor has the authority contained in Government Code 37380, 37389 and 37395 to lease municipal ~n~ nir~cu~ property, and determines that the use of certain property owned by the Lessor is not required for its use at this time and is available for lease. 2. Under Government Code section 37389 the Lessor t~as the authority to lease ~ property for a term not to exceed~ J~ years for the construction and maintenance of. ~ and related purposes, and for other works of improvement.~__ '"~ -- ~'-'-"-'~ml'~'t~~~~ 3. Lessee intends to lease undeveloped ~ property (hereinafter "the leased premises") from Lessor to construct and maintain an LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor the leased premises located at the .'Jkizh Munici~! Airpcr%, as more particularly depicted and described in the attached Exhibit A, which is incorporated herein. The term of this lease shall commence on ~ ..... nd shall continue in effect for a maximum period expiring at midnight on Octcbcr__,~ ____.~= Any extension of said term shall be pursuant to a new and separately negotiated lease between the parties or their successors in interest. However, Lessor shall have no obligation to negotiate an extension or extend the term. 3 . RENT. 3.1 Amount. Commencing with the occupation of the ~F0/~= ........... ~~ ~'-~~ _=×=~rcr_~ ~'- or one (1) year following the effective date of this Lease, whichever shall first occur, and continuing until one (1) year following such date, Lessee agrees to pay to Lessor a base rent (minimum rental) of~ per month for the use and occupancy of the leased premises, Commencin9 one (1) year following the said date of occupancy, or one (1) year following the effective date of this...a~re, ement, whichever shall first occur, and each year following such dat~ during the entire term of this lease, the Lessor will automatical.ly increase, the ' · monthly rent paya. ble under this lease pursuant to the following formula, During the first twenty (20) years of the lease term ~..4~ --w~.,.~.... v ~ v ................................. ~ · ...... occurr first, the amount of the rental increase shall be determined by multiplying the rent payable for June 1 of that year by two percent (2%)- is four mo~ths prior to t~e date when the rent must the'then prevailing fair market rent, the parties sh~deavor to agree upon an MIA certified appraiser. If thej~'~ab~e to agree, they shall instruct the appraiser to de~~ne the cuz~rent fair market rent for the leased premises~-~repare an appraisal report setting forth in detail th~umptions and appraisal method relied upon . Commencing on , the rent y the mut~agreed up,on appriaser, Each party shall pay 1/2 of t}~__-st Of the ~pp~i~l. . , £. If the pnrties zre unmb!e to ~gree ~por ~n appr=4 _==r by February 1, 2013 or such other date as specifie~they shall each obtain an appraisal from an appraise~_~their choice who shall prepare appraisa~ reports as de~d in subsection A. If the appraisal reports dzsag~appraisersshall select a third appraiser to review t~orts to determine which is the more accurate. Th rent as determine bird apprai hall bird alser, . .. · ...... yc~r ........... , ............... ~ .... year ......... - to fair market rent, the Lessor will automatically in~~ monthly rent payable under this lease, if appropria_~ursuant to the followin~ formula. The amount of the ren~!~ncrease shall be determined by multiplyin~ the rent pa_y.~_or June 1 of ti}at_year by the percentage which the C~. r's Price Index (CPI) (U.S. · Bureau of Labor Sta "Urban Wa~e Marc prev' . In the event the above-mentioned Index is discontinued, s:~grm~sg3\siout.l~1 NoYember12.1993 2 of the .U. S Department of Labor to su~he conversion of n ava g ~,hnt ........ ~ ~nd ~!tern~te Ind~.~. 3.2. When due; late fees and interest. Rent shall be due on the fifth (Sth) day of each month and shall be considered delinquent if not actually received by the Lessor's Finance Department .~ocated at 300'Seminary Avenue in Ukiah by. 5:00 p.m. on the fifteenth (15th) of the month. Lessee shall pay a late fee of $100 if the payment is delinquent. In addition, Lessor may charge Lessee interest on the unpaid portion of the delinquent payment- until paid in full as provided in Ukiah City Code section 2.051. , 3.3 Payment of takes and assessments. Lessee shall also pay any real property, possessory interest or personal property taxes and assessments impose~ on the leased premises, property located on or affixed to the leased premises, or as a result of the lease, use or ownership of the leased premises. 4. USE AND IMPROVEMENTS. 4.1 Condition of the leased premises. Lessee hereby agrees to accept the use of the leased premises in "AS IS" condition, understanding that Lessor makes no representations as to the condition of the premises or its suitability for the uses contemplated by Lessee. Lessee represents that it has made a thorough inspection of t~e premises and has undertaken to repair or adequately warn of any conditions on the premises that might. constitute a hazard or danger to persons using or present on the leased premises. ~l~W~'~ 4.2 Construction and Use of ._:r ___~_ Le~e~ shall construct on the leased premises an lit caret faci!itv$o/l~~ approx~ly 1~,000 square feet in size, including office spac~~-~~''~ ~-~ =~=~ ~l~o= ~__._ ~=~o=. =~_._ ~_q~i~=~_.__ - ("the for the operation of~ ~ir c~r%o bu~Jne~ and related purposes, . . ......... ~_, . ................. , __p_~ er =erv cin~ of shipment cr receipt of products by mircraft, er other -~ .... ~ u~er~. Prior to construction, Lessee shall furnish Lessor with plans and specifications for the Improvements and associated landscapinG, and the construction and/or installation of the Improvements and the inst~llation of landscaping on the leased premises, and shall not commence construction until the Lessor, through its City Manager or his or her designee, has approved the plans and specifications, including, but not limited to, its exterior color scheme. Lessee shall construct and/or install the Improvements and landscaping in compliance with the Lessor approved s:~grmtsg3~stout, ls1 November 12, 1993 3 plans and specifications. Lessee shall construct the Improvements and develop the leased premises in compliance with all applicable city building and other code requirements. Lessor shall take all necessary steps to promptly review and approve submittals by Lessee, so as to minimize any delay in construction. 4.3 Ownership of Improvements. Lessee shall retain ownership of all Lessee installed improvements located on the leased premises during the term of this lease or any extensions or renewals. Title to the Improvements constructed thereon shall vest in Lessor upon termination of the lease or any newly negotiated extension thereof. 4.4 Improvements and modifications. After its initial construction Lessee shall not make structural changes to the exterior of the Improvements, construct additional structures on the leased premises, or change the use of the leased premises without the. prior written approval of Lessor, through its City Manger or his or her designee. 4.5 Maintenance and repair. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for all maintenance and repair of the leased premises and all Lessee installed improvements. 6~.~,,~~~ 4.6 Storage or use of toxic or s s ance~. Lessee shall not dispose of or permit the~qLi-f~osal of hazardous or toxic substances on the leased premises.-"If any hazardous or toxic substances are disposed of or released on the leased premises during the term of this lease, Lessee shall assume the entire obligation to clean up any such substances, and shall fully indemnify, defend and hold harmless the Lessor and its officers, agents and employees from any claim, damage, loss, liability, cost or expense of any nature whatsoever arising out'of the release or disposition on the leased premises of any toxic or hazardous. substance. 4.7 Permits. Lessee shall acquire any necessary or required permits from the appropriate regulating body for the use of the leased premises. 4.8 Compliance with laws. Lessee shall insure that n~ alcoholic be=erages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full- compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of California. 4.9 utilities. Lessee shall furnish at its sole expense all utilities necessary for use of the leased premises, including, but not limited to, water, sewer service, electricity, natural gas, s:\u\agrm[$93\stout.ls 1 November 12, 1993 and garbage collection. 5. ASSIGNMENT. Lessee shall have the right to sublease the Improvements or sell the Improvements installed on the premises by Lessee, and in connection with such sublease or sale, to assign its interest in this Lease, as further provided herein. Except as expressly provided herein, Lessee shall not assign this lease or any interest therein without the prior written approval of Lessor. "Assignment" shall include any change in the ownership of Lessee that results in anyone other than ~O~ L. £TCUT nnd/or ~.~T~=~, °~^~ owning a interest in Lessor. -~~v~~ controlling , to and shall sublease the premises to Federal Express, Inc., Lessor hereby agrees to and approves such sublease. Prior subsequent sublease of the Improvements, the premises, any portion thereof, during the lease term, Lessee shall ' Lessor with ninety (90) days' advance written notice of its i on to sublease. During said time period Lessee shall provi Lessor with a copy of the proposed sublease and any informat Lessor shall require concerning the subtenant, including, b not limited to, the name, address, and phone number of any r with a 10% or greater equity interest in the subtenant (" owner"), the type of business entity, its financial condit and hJ. story, business references for the business, and prio lords. Provided that within fifteen (15) days of Lessor 'equest Lessee has furnished to Lessor the proposed sublease d all information reasonably requested, Lessor must approve disapprove any such sublease within said ninety (90) days f Lessor fails to provide written notice to Lessee of its 1 or disapproval of the proposed subtenant within said nil (90) days, Lessor shall be deemed to have approved the ant, but only if Lessee has given Lessor all information rea~ ably requested within the time required by this subsection, sor may only disapprove a subtenant on grounds reasonably rela~ to Tenant's ability to comply with the terms of this Lease fo~,~he remaining term; Lessor shall provide Lessee with a written ~ate~ent of its reasons if it disapproves a subtenant. Any appr~ed subtenant may use the improvements on the leased Dremis~and the leased premises only in compliance with the terms ~f t3xis Lease. 5.~ Sale of Improvements. As further provided herein, I,essee may sell its interest in the Improvements and assign its interest in this Lease. Any purchaser approved by Lessor (as further provided herein) shall have the same rights and obligations under this Lease as Lessee. If Lessee proposes to sell the Improvements, it shall provide Lessor with ninety (90) days advance written notice. During said time period Lessee shall provide Lessor with a copy of the proposed purchase agreement and any s:\u\egrmts93\stout, ls 1 November 12, 1993 information it requests about the purchaser, including but not limited to the name, address, and phone number of any owner with a 10% or greater equity interest in the purchaser ("an owner" ), its business organization, its financial- condition and history, business references for the business, and the address or other commercial properties owned by it or its owners. Provided that within fifteen (15) days of Lessor's request Lessee has furnished to Lessor the proposed purchase agreement and all information reasonably requested, Lessor must approve or disapprove any such sale within said ninety (90) days, but only if Lessee has given Lessor all information reasonably requested within the time required by this subsection. If Lessor fails to provide-written notice to Lessee of its approval or disapproval of the .proposed purchaser within said ninety (90) days, Lessor shall be deemed to have approved the sale. Lessor may only disapprove a purchaser on" grounds reasonably related to the purchaser's ability to comply with the provisions of this Lease for the remaining term; Lessor shall provide Lessee with a written statement of its reasons, if it disapproves of the purchaser. Any proposed purchaser may use the Improvements on the leased premises and the leased premises only in compliance with the provisions of this Lease and for the purposes specified in paragraph 4.2. with Lessor's prior written approval, a personal property security interest in the Improvements only may be created in order to finance the sale of the Improvements. 5.3 As~run)~t by operatio= of law. In the event of the death of DCE L. C.v~.~, the Lessor shall not unreasonably withhold . its approval of the assignment of the lease to CCD L. STOUT~J ~rspous~wcr other heirs. 5.4 Asmignment to Revocable Trust. During the lifetimes of ~ L. STOU .... d ~,~ii~ L CTCL~ they may assign his interest in this Lease and the Improvements on the leased premises to a revocable trust of which they are trustees, and Lessor hereby consents to such assignment. 6. INDEMNIFICATION AND INSURANCE. 6.1 -Indemnification. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from any use of the premises by Lessee or any subtenant of Lessee, or any defective condition or faulty construction of the leased premises existing at the time of letting or arising thereafter; and Lessee covenants and agrees to indemnify and save harmless Lessor, and its officers, agents and employees, from and against any and all claims, liability, loss, costs, or other obligations, including reasonable attorney's fees, on account of or arising out of Lessee's or its subtenant's use of the lease premises, or improvements thereon. 6.2 Liability insurance. Lessee covenants and agrees s :~,u~ag rmts93\s tout. Is 1 November 12, 1993 during the life of this Lease, at Lessee's sole expense, to comply with the requirements of Exhibit B, Insurance Requirements for lessees (No Auto Risks), attached hereto and incorporated herein by reference. 6.3 Fire and damage insurance. Upon completion of the construction of the Improvements on the premises, Lessee or his sub-lessee shall carry fire insurance with extended coverage endorsements approved by Lessor, jointly in the names of Lessee and Lessor (and sub-lessee if appropriate), covering not less than the full insurable value of all improvements on the leased premises. Said policy or policies, or copies thereof, shall be deposited with lessor, and Lessee (or his sub-lessee) shall pay all premiums and other charges payable with respect to such insurance. In the event of damage to any improvements on the leased premises, Lessee shall rebuild, repair or otherwise reinstate the damaged Improvements in a good and substantial manner according to applicable Uniform Code standards. The reconstruction required herein shall commence within ninety (90) days after the damage occurs, and shall be pursued diligently to completion. 7. TERMINATION. Failure to pay rent within sixty (60) days of the due date, or to comply with any other provision of this lease within a period of sixty (60) days following receipt of a written notice of noncompliance from Lessor, shall constitute a material breach of the lease and furnish grounds for termination of this lease. " Lessor may terminate this lease upon thirty (30) days prior written notice delivered to Lessee based on Lessee's failure to comply with the insurance requirements of paragraph 6.2 and Exhibit B. Failure to complete construction of the Improvements within one (1) year from the effective date of this Lease shall constitute a material breach hereunder and furnish grounds for termination of this Lease. Any action taken or suffered by Lessee as a debtor under any insolvenCy or bankruptcy laws, including the filing of a voluntary or involuntary petition in the United States bankruptcy court, and any assignment for the benefit of creditors or the appointment of a receiver shall constitute a breach of this Lease. In such event, Lessor shall have the right to terminate this Lease and retake possession of the leased premises and any improvements which upon termination of the lease become the property of Lessor. 8. HOLDING OVER, Holding over by the Lessee after the termination of this lease s:\u~.agrmt$93~$tout.ts1 Nov~rnber 12, 1993 shall not constitute a renewal or extension thereof or give the Lessee any rights hereunder or in or to the leased premises, 9. INSPECTION. The Lessor and its authorized representatives shall have the right, at any reasonable time durin9 the term of this lease, upon forty-eight (48) hours' notice, to enter upon the leased premises, or any part thereof, to inspect the same, and all buildings and other improvements erected and placed thereon. 10. ATTORNEY'S FEES. In any legal action to enforce any of the terms of this Lease the prevailin9 party shall pay the other party its reasonable costs, expenses, and attorney's fees. 11. TIME OF ESSENCE. Time is of the essence of this agreement. 12. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this I,ease. Acceptance of subsequent rental payments from Lessee or its assignces shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 13. NOTICES. Except as otherwise expressly provided herein, any written notice required by this lease shall be deemed given and received when personally served or 48 hours after being placed in the United States mail, with proper first class postage prepaid, and addressed as follows: TO CITY: City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 Any party hereto may give notice of an address change under the provisions of this paragraph and thereafter all notices shall be given to that address. 14- PARAGRAPH HEADINGS. s:\u~agrmts93~slout.lsl November 12. 1993 Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. , 15. PREVIOUS AGREEMENTS, Any and all existing statements or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 16. BINDING EFFECT; CHOICE OF LAW. Subject to the provisions herein restricting voluntary assignment or subletting, this Lease shall apply to and bind the parties, their personal representatives, successors and assigns. This lease shall be governed by the laws of the State of California, and is to be performed in the County of Mendocino, State of California. 17. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the III /I/ ill II/ ill !II existence and terms of this Lease. Entered.on the date first written above. CITY OF UKIAH By: CITY MANAGER ATTEST: s:\u~agrmts93~,stout, ls1 November 12. 1993 ROAD CiTY Of' UKIAH LANT ROAD TRANSFER STAT{ON · ~o 40 8o ©© SOLUTIONS GROUP £xhibit 13 ~sUn^N. cE aEouImE~,~E~-r$ FO_R bESSEZ:~ ~O A!gO_R]SFSt · BIX)DEllS' A'I-I-EHTION IS DmT::CTED TO TIlE r~ISURANCE REQUIREMENTS BELOW. IT IS tHGItL¥ RECOMlV~NDED THAT BIDDERS CONFER WITII TIIETR RESP£CTI'YE :INSURA2'ICE CARRIERS OR BROKERS TO DETERA, I]~'I,~ IN ADVANCE OF BID SUB- b[IS-~'IOl'l TIIE; AVAJLkBILI-I'Y OF ]'/gSURANCE CERTTFICA'I'ES &ND Ei'fl)ORSEMEI'~T$ AS PRESCRIBED MqD PROVIDED IiERElt4. EF AN APPAREHT LOW BIDDER FAILS TO CO~5~PLY STRICTLY WITH TItE INSURAHCE REQULREMEHTS, TIIAT BIDDER M,kY BE DISQUALIFIED FROM AWARD OF TIlE CONTRACT. I.,e. ssee shall proc'un: and maintain Dr thc dur'adon of Ibc contract insuntnce against claims for injuries to prr~o~u or damages ~o property which may arise t'~om ar in connection witlt the l.~=scc's operation ~d use orme lc=cd pmni.zs, Thc cost o['such ir~urance shall be borne by thc Lessee. Cov~ra~ shzil be -,t I~t a~ ba~ad a~: Iruuranci Scrviccs Office form number GL 0002 (F.4. I//.~) covering Comprehensive General LiabiUty and Insurance Sen'ices orfice :loan numNr GL ~O.l covcnng B~oad Form Comprehensive General Liability: or hlsuranc¢ So,ices Oil=ice Commcn:ial General Liability. coverage ("occurrence" form CG COO1}. 2. ,Workcr~' Compensation imur-,mc: ~ required by' thc L=tor Code o/' thc State or CaliDmia and Employc~ Liability insurance. lq. ~!~_nn~ Lmrrrs orIxst%t~'c~ shall maintain limJt~ no less than: General Liability: $I,000.000 combined single limit per occurrence for bodily injury, pcnufial injury and property damage. If Commercial General Liability Insurance or udder from wifll · general aggr~l;atc limit is used. either d~e general ag~eg~tn timit shall ~pply ~paratcly to pmjcct/location or dic gcn::ral aggrega~ lhuit shall bc twice thc required occ'urrcnoa limit. Workcrs' Compensation and .~ploycv$ Liabilivj: Worken' comperuation Umiu as required by thc Labor Code of axe State of California and Emplo)'crs Liabilivj limiu of $1,OOO,OOO per accident. El £D t~C'_'_'_'_'_'_'_'_'_-~1n t. r_'~ X h'11 ~ r_ T,~-T~%'s tm r. o R Ur'Ex-rio Any deductibles or selr-lnsun:d rclcndmu must be declared to and approved by thc City, At d~c option of th~: City, eld:er: the i/lsurer shall reduce or eliminate ~uch deductibles or' seLf-i~tln:d (RcYhcd, I/'~,'S S) · rcU:nLionS ~s n:~'~c Cit')', its ol'.riccrs, oflkbLs, employees ~nd vol~cz~a: or thc L~ss~ sh~ pxocur¢!-, L~nd ~u:,~l~:in~ p~ymcnt oE los,scs ~d n:l.~:cd invc~Lion, s. cblm -~&u~s~Uon ~d dcfc~c : · _Orn'c~ lr~sm~_~c-~,P~ov~s~o~s_ ' . · Thc policies ~'c ~n coniain, or b~ endorsed to conuin, the folJowing {?rovisions: ' 1. General e 'l-hc City, ils officcr~, ofiicials, employees ~d voltmt~ ;r~ to bc covcmcf a~ respects: liabRity arisinB out of premises owned, occupied ur used by thc Lessee. The coveruge sll:dl conudn no spcciul limitations un Lhc scope of pruccctiun -,ffordcd ,n lhc Cky, iLS ofliccrs, 0[ficiais, employees or volul'ltc~:rs. b. Thc Lr_ssec's [nsurunce coverage shall be primary insur~cc as respects the City, ils ofiicc~s, officials, employees ;md volunteers. Any insuanc~ or scif-insura, ncc by IJ{c City, ius officers, officials, employees or volunteer.; shell ~ excess of Dic Lcsscc's hisuranac and sliJ~LI not comdbuu: wi~ ir_ c. Any failure lu comply with reporting provisions of thc politics silall no~ zffcct covcr~c provided to the City, ir': o[fiacrs, officials, ~mpioyccs or volum~. d. Coverage shell st.',~ iha~ Ibc Lcssc:'s L'ls'~mc: shall mppiy scpm-utcly to cacl~ insurr, d agabtst whom claim is made or suit is brought, cI~pt wi~ rcspcct to the lhuhs m Workers' Compensulion and Employers Liability Coverage -, Thc insu.,-cr shall a.grc: to waive ~ dshr. s uf subr~gurlon ~gainst thc City, its ufficc~, oLFicizls. , empluyees ~d voiuntcam furlosscs arising [mm the lc~scd prcmisc~. · Ali Coverages . , ,E~cii insur~cc policy rcquircd by tl~s c{.~usc shall be cndorscd to state th~t coverage sh:dl not be suspended, voided, canccilcd, reduced in coverage or in Limits except after ti'Jay (30) days' prior wriueu notice by ccrdficd mail. mt'tun receipt requested, has been g~vcn ~ Die City. ., _~_CCZT, i'.~rlILITY OF JNSUI~£RS. · Insu~cu is to bc pi:ccd v, ids insu~:r~ ~ ~ nest's rating of no less thru A:VII. ~F. YtRI'FICATION OF Co',"[{LIG__~ Lcsscc sh:dl fun'dsh thc Chy with cc~ificatcs of imuruicc ~ci widl orii,d,,al cndor~mcnts clTccting covcr'a~:c rcqui~cd by tids cluu$c. Thc ccrtificu~c$ and cndorscmcnts for each h.,suruncc policy arc tu Ix: slgncd by a Dc~on auUlodzcd by that insurer to bind covc~gc on its bch-',lf. Thc ccrtific~lcs ~d cndor~emcnts al'c, 1o Lx~ o;l forms p,ovidcd by thc City. ',Vhcm by statutc, thc City's workcl$' · m, o* .. · counpcnsation-~lau:d l'orm~ cannel: bc used. cquival:n~ l'orms aFPmvcd by U~: In.ru~c: · Commis.sioncr ~ la be: s'ubsd~uu~d. Ali ~tilicutcs :md cndorscmc~:~s arc ~o be received and mppmved by ttws City Ix:fan: wodc corruncnccs. Thc City ~rves thc right to rr. cIuim complc~c. ccrtilicd copies of;all rr4ui~d poticics, at ~ny ~ime. · .: ! Proposal To Provide Long-Term r, Transport & Disposal to the City of Ukiah In conjunction with: Potrero Hills Landfill Northwestern Pacific Railroad December 11, 1997 WHY SUPPORT WASTi=-RY-RAII A voids 20 Million Truck Miles On Hwy 101 Less Pollution Less Fuel Use Less Likely Fatal and Injury Accidents Less Wear and Tear On Local Roads More Economic Development More Likely Excursion/Passenger Service More Stable Revenue Base For Railroad Garbage Rates Reduced For City & County Mendocino County Benefits Over Long-Term WASTE SOLUTIONS GROUP ADVANTAGF:: UNWAVERING COMMITMENT TO RAIL FROM EXPERIENCED WASTE-BY-RAIL TEAM WASTE SOLUTIONS GROUP AnVANT.~.G~=: ALL WASTE SERVICES IN CLOSE PROXIMITY OPTIMIZES SPA CE & USER CONVENIENCE Rail Transfer at City-Owned Site HazMobile Adjacent To Site Recycling Center Close By WASTE SOLUTIONS GROUP A_nVANT.~.GF: GARBA GE RATES GO DO WN FOR BOTH RESIDENTS & BUSINESSES OF CiTYAND COUNTY Comparison of Rail vs. Truck Rates Ukiah Collection/Ton*: Current Disposal Cost/Ton*: Current Cost Sub-Total: Cost Per Ton: Rail Rail Sub-Total: Less Hrm-~boldt Reduction Cost Per Ton: Rail w/Humboldt: Rail Sub-Total (w/Humboldt Cost Per Ton: Truck Truck Sub-Total: Add Rest Add of County Willits 39,595 43,829 $100.38 $100.38 $57.00 $57.00 $157.38 $157.38 $49.89 $48.69 $150.27 $149.07 $1.30 $1.33 $48.59 $47.36 $148.97 $147.74 $43.48 $43.02'* $143.86 $143.40'* Rail Rate Reduction: Rail Reduction w/Humboldt: Truck Rate Reduction: 4.5% 5.3% 5.3% 6.1% 8.5% 8.8% ** WASTE SOLUTIONS GROUP COMMITMENTS: TO MOVE IMMEDIA TEL Y TO GET COUNTY SUPPORT AND BEGIN PERMIT APPROVALS PROCESS TO WORK WITH CITY STAFF TO EXPEDITE CONTRACT EXECUTION TO DEVELOP A FIRST-CLASS RAIL TRANSFER PROJECT IN THE TIMEFRAME NEEDED BY CITY STANr.hG coM'41 [DUC~ION CON~'JM~R ICON.lC WA~q. DARK5 ~tLDUF~ NO. 3 ~E~URCE~ JOlT SCi i~ F~ILI~ ~AIJFORNIA ~RT~ COASTAL PRoT~CT~N O[~LOP~ENT, November 5, 1997 F, U4 STATE.. C AD".TO~. PO, t~OX FAX [DIG} ~-5214 oI~TR1CT OFFICES: fAX (707) S?~22D7 ,510 0 ST~F~:L I'H (70/) I"AX (?O~) 4,ts-or~o7 wEST CHURCH .~TnEF..,I' UKIAH. CA ~.gAl)2 FAX {?U?) 4~-$7z3 Ukiah City Council 300 Seminary Avenue Ukiah, CA 95482 Dear Mayor Malone and Council Members: I am writing to encourage your support for a solid waste disposal agreement that takes adv,'mtage of rail haul rather than truck. Supporting the Northwcsteru Pacific for rail haul of freight is an important priority for rne and I am sure this interest is shared by your Council. I am excited to sec that a cooperative solution to handle Mendocino County's waste has included the r~lroad. 1 hope that the Council is able to £ul fill its dual objectives of finding a secure solid waste solution ~md supporting our rail service. Sincerely, Virginia Strom-Martin Assemblymember, First District VSM:jp NORTH COAST RAILROAD AUTHORITY NORTHWESTERN PACIFIC RAILROAD RESOLUTION 97- ~ A RESOLUTION ENCOURAGING THE CITIES OF WILLITS AND FORT BRAGG TO SUPPORT A WASTE-BY-~IL TRANSFER STATION WHEREAS, transportation of solid waste by rail is preferable because it reduces highway traffic congestion, prevents the road safety hazards of additional truck traffic and reduces fuel consumption and air pollution; and WHEREAS, business resulting to the Northwestern Pacific Railroad by the addition of the solid waste stream of Mendocino County would be at least two rail cars per day; and WHEREAS, the addition of this business will considerably strcngthen the Northwestern Pacific Railroad and in mm assist.the California Western Railroad and the economies of Fort Bragg and Willits which depend on these railroads; and WHEREAS, the Cities of Fort Bragg and Willits have expressed a preference for rail as the means of shipping their solid waste; and WHEREAS, the Mendocino Solid Waste Management Authority has voted to adopt a contract which would provide an efficient rail haul of the solid waste stream of Mendocino County via the Northwestern Pacific Railroad for the next 20 years; now therefore BE IT RESOLVED, that the Board of Directors of the North Coast Railroad Authority hereby requests and encourages the Cities of Fort Bragg and Willits to make certain that any contract they enter into guarantees that solid waste will be shipped out of Mendocino County by rail; BE IT FURTHER RESOLVED, that the Board of Directors of the North Coast Railroad Authority further requests and encourages the Cities of Fort Bragg and Willits to join the rest of Mendocino County in shipping their solid waste from a cen~;ral transfer station via rail. BE IT FURTHER RESOLVED, that the Executive Dixector of the North Coast Railroad Authority shall submit this resolution to the Cities of Fort Bragg and Willits for · their consideration. APPr°ved bY maj°rity v°te °f the B°ard °f Direct°~ C~Railr°ad Auth°rity'. ~ · O~,~N R. STOKES June 18, 1997 Standard Structures Inc. RO. Box K, Santa Rosa, CA 95402 707/544-2982 Fax: 707/544-2994 June 23,1997 Mr. James MurPhy City Administrator City of Fort Bragg 416 North Franklin St. Fort Bragg, CA. 95437 Dear Sir, Transportation of waste by rail from Ft. Bragg to Solano County is the only reasonable consideration for this product in today's business climate. Aside from the obvious cost savings for the County, as business leaders in Northern California, we should not promote increased truck traffic on our already congested highways. Additional predictable rail volume will assist the NWP in it's struggle to remain alive, and will promote growth for our northern counties. It is imperative that this oppodunity be given top priority on your agenda. Please support our railroad. Sincerely, Scott Gill Standard Structures Inc. Developing Better Ways to Build Georgi~Pacific Corporation Georgia-Pacific West, Inc. A who#y owned ~l:,skilary 90 Wes~ t~eclwood Avenue Fort Bragg, California 95437.3471 Telepl~one frO7) 964.5651 June 23, 1997 Mx. James Mushy City Administrator Ci~ of Fort Bragg 416 N. Frnnklln St. Fort Bragg, CA 95437 Dear 1~. Murphy:. We understand tha the City of Fort Bragg will very soon bo considering how to better dispog of municipal solid waste that is ge, aerated in ~e city. We: also understand that this is a Meadocino County wide issue, and centers around altea~ative transportation modes to move wastes to land~ disposal site~ We are also aware ~hat there is a proposal to transport waste by raft from Fon Bragg via the CWR to the NWP for mms~ to a fury pennittod land~! in Solano County. On the face ofthe proposal, G-P would be very supportive of any acfvity which would generate more business and revenue for our local raikoad. Joined at least by the cities of Wiilks and Ukiah~ the three locations themselves could make this a viable oppoxixmity for both railroad~ Of courg, we would want to rapport this method as long as it makes good long term economic sense for the general public who pays the bilk It goes without saying that what ever is decided, must meet the strictest gandm~ of environmemal concerns from transfer to transfer and along thc routes. The public wants the problems resolved and does not want to be impacted by the sight, sound, or smell of the proce.~ We believe tha~ it could be a win-win situation for everyone if the local railroads could play an active role in the disposal of solid waste from Meadocino County. RGHmm cc: R. D. Be~edetti ** TOTAL P~GE.002 PALCO THE PACIFIC LUMBER COMPANY P.O. Box 37, Scot;a. CA 95565 (707) 764-2222 June 23, 1997 Via EAX #(707) 961-2802' Mayor Lindy Peters City of Fort Bragg 416 N. Franklin St. Fort Bragg, CA 95437 Dear Mayor Peters' For many, many decades, The Pacific Lumber Company has been and will continue to be a major supporter of the North Western Pacific Railroad (NWP). The railroad is very important to the overall, economy of the North Coast Region. In a recent customer survey conducted by the NWP, as many as 427 jobs could be lost if the railroad were to cease operation. A viable railroad is also very important not only to our Company but to the timber industry as a whore. The potential for additional freight in the form of rail-based transportation of solid waste will help to increase the revenue base to the railroad while, at the same time, providing an important and necessary service to the North Coast. Therefore, I urge the Fort Bragg City Council to support the plan to transport solid waste by rail from the North Coast. Thank you for your consideration. I look forward to your favorable response. Sincerely, THE PACIFIC LUMBER COMPANY A..CAMPBELL 'H~resident & Chief Executive Officer ~ JAC:kw ITEM NO, 7b DATE: December 17, 1997 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF PROPOSAL FROM SOLID WASTE SYSTEMS FOR A TRANSFER STATION ON TAYLOR DRIVE Solid Wastes Systems, Inc. (SWS) is herein submitting a proposal to the City Council for the construction and operation of a garbage transfer facility to be located at their Taylor Drive property. The proposal includes a rail haul option; a truck haul option; and a third option, for truck haul which would include a rail spur and extra bay with construction of the facility to accommodate rail transport when feasible. SWS met with staff and a Council sub-committee composed of Jim Mastin and Kristy Kelly, to finalize this proposal for submission to the Council. The provisions of the offer are summarized as follows: . The proposed term of the facility contract is 20 years from the date the facility would open for operation. SWS is also requesting an extension of their refuse collection contract to coincide (Continued on Page 2) RECOMMENDED ACTION: 1) Council select the truck haul with rail spur option, as proposed by Solid Wastes Systems, Inc.(SWS), and approve the site plan; 2) Authorize City Manager to negotiate a written contract with SWS for further consideration and approval by the City Council for the construction and operation of a solid waste transfer facility at Taylor Drive. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Select alternative options. 2. Request staff to negotiate further. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Solid Wastes Systems, Inc. Prepared by: Attachments: Acct. No.: (if budgeted) Candace Horsley, City Manager . 2. 3. 4. 5. 6. Pages 1 - 7, Solid Waste System Cost Analysis and Comparisons Page 8, Board of Supervisor's Minutes, November 25, 1997 Pages 9-10, BLT Enterprises proposal to MSWMA - truck and rail options Pages 11-13, SWS Operational Plan Summary Page 14, Truck Haul Site Plan Page 15, Rail Haul/Truck Haul with Rail Spur Site Plan APPROVED: Candace Horsley, Ci~ Manager 4/Can.ASRTrans.SWS . . . . , with the same contract date as the transfer facility (2019), which would add 12 years to the current garbage contract. They are also offering a 10-year review of the refuse collection contract extension, with a buy-out provision for their remaining investment for the transfer site. Under this option, their current contract term would extend two years past the present contract term of 2009. Upon completion of the 10 years, the Council would determine whether they wanted to continue with SWS as our refuse collection hauler or choose another provider. The City of Ukiah would be required to direct all of its wastestream, 15,030 tons annually, to the facility. The facility would be open to all agencies, haulers, and the public within Mendocino County. Increased volume of waste entering the transfer station would lower the rate per ton, respectively. The County of Mendocino Board of Supervisors met on November 25, 1997, and passed a motion "that the County of Mendocino will direct at least the historical Ukiah Valley waste stream to a Ukiah Valley area transfer station that has a reasonable cost and acceptable terms and conditions." The current Ukiah Valley wastestream now entering our Landfill is 27,090 tons. The entire county wastestream is 49,702 tons. The transfer station rates will be adjusted annually, with a cost of living adjustment consisting of 75% of the consumer price index for all urban consumers, San Francisco-Oakland-San Jose, California, as published by the U.S. Bureau of Labor Statistics. A guaranteed cap of 5% per year is included, to preclude large rate fluctuations. The contractor shall accept at the transfer facility, wood waste, yard waste, tires, appliances, anti-freeze, and oil filters on a fee basis. Cans, glass, milk and juice cartons, foam padding, scrap metals, and motor oil will be accepted for free. The service fee for accepting the fee-based recyclables shall be equal to the contractor's direct costs in the transportation of the item to the processing facility, plus processing fees, and a 10% mark-up for handling the recyclables. The City may, at its sole discretion, take ownership of the transfer facility at the termination of the 20-year contract, upon payment of $1 to the contractor. However, the City must either lease that portion of the real property used to operate the facility, or it may purchase fee title by paying the contractor the 1997 assessed value of the land inflated at the same CPI factor as the tipping fee. The contractor has, in addition, offered the City two direct cost-saving devices, which could be a major factor in the future. If the disposal or transportation costs go down, SWS will share the cost savings with the City of Ukiah. In a previous . offer, only the disposal saving option was available. A summary operation plan has been included with the proposal for both truck haul and the rail haul options. SWS has provided seven pages of cost analysis and comparisons for Council review. These comparisons are as follows: Page 1 and 2: Analysis of the first year rates for the City of Ukiah only, for the Ukiah Valley, for the County area except Ft. Bragg and Willits, and with the entire County, for both truck haul and rail haul. In addition, the cost increment for a rail spur being added in the up-front construction costs and the $5 post-closure cost for the City of Ukiah residents is added for clarity on actual costs. The fee currently paid for Landfill refuse, excluding the MSWMA surcharge, are as follows: City of Ukiah, $57.00; County with Ukiah Valley service area, $66.00; Ft Bragg Disposal, $64.50; Solid Waste of Willits, $64.50; and self-haul loads, $11.90. The proposal rates, using the Ukiah Valley waste stream are as follows: TRUCK HAUL RAIL HAUL RAIL HAUL (SWS) (SWS) (BLT) UKIAH VALLEY $45.54 Derton $55.65 Derton $60.21 Dert0n with rail spur $ .41 post-closure costs $ 5.00 $ 5.00 $ 5.00 $50.95 $60.65 $65.21 The increased costs for rail haul are the result of several factors. In construction of the facility, an additional two feet of fill, an additional bay, and the rail spur are added to the facility to make it operational for rail transport. The transportation costs for rail are higher than for truck haul, but SWS's rate is very competitive when compared to the BLT proposal submitted to MSWMA extrapolated for the Valley waste stream of $55.65 versus $60.21 per ton respectively. SWS has included a 10% return on their investment on both the construction and operational components of the rail proposal, which is comparable to their trucking proposal rate of return. Page 3: This is a rate comparison table of garbage fees for selected examples of both residential and commercial customers. These rates include the rail spur element. Pages 4, 5, and 6: Page 7: These three pages compare truck haul and rail haul rate increases using 75% of CPI over the 20 years of the contract, with an inflation rate of 3%. The total differences in cost to rate payers are broken down in 10-year and 20-year increments, and includes the rail spur element. The first page includes the Ukiah Valley waste, the second page the County waste, except for Ft. Bragg and Willits, and the third page the entire County waste stream. The difference in dollars paid over a 20-year period ranges for Ukiah residents from $1.5 million to $2.9 million. This table is a comparison chart of SWS rail and truck proposal rates at Taylor Drive, with the BLT proposal to MSWMA at North State Street. This comparison is being made as the North State Street facility has been reduced in size and construction costs are at a respective comparison at this time. In every scenario, SWS rates are lower than BLT's. Conclusion and Recommendation: Ukiah Solid Waste has submitted to the Council an offer to construct and operate a garbage transfer facility at their Taylor Drive property. This site was included as a possible transfer facility site by the MSWMA Board after extensive analysis using various criteria and EIR considerations throughout the County area. In addition, SWS has met and complied with Council and staff requests for revisions to their original proposal, including a 10 year buy-out option; a firm rail proposal; inclusion of construction with the capability for immediate rail conversion; and, additionally, an unique offer in sharing in the cost reductions of both the disposal and transport components, if savings are realized. Since Ft. Bragg has diverted their garbage from the Ukiah Landfill, an additional five months was added to the City's time period for selecting a transfer facility site and proposal. Four months have now passed and as we can not be left without an alternative for disposal of our solid waste, we need to finalize this process to meet our deadline for the closure of the Landfill. Staff is recommending that Council approve the third option that Solid Waste Systems is offering. This option will dispose of the waste by truck, and include construction of the facility with a rail spur and extra bay, so that if rail does become feasible and the Council requests rail transport, there will be no down time or additional facility costs in transferring to rail haul. At the present, the rail haul option with the post-closure surcharge, would be $60.65, a higher rate than the $57.00 per ton our residents are currently paying. The guaranteed truck haul rate of $45.54 for the Ukiah Valley waste stream will be even lower if additional waste is brought to the transfer site. This rate is so competitive, there is a high probability that other areas of the County will direct their waste to the Taylor Drive site. The Councils action will not only assure the citizens of Ukiah a superior rate, but will also provide all of Mendocino County residents with the same excellent opportunity. This option also insures the future possibility of rail haul without additional expense for facility reconstruction or delays in transport. FROM ' John Wap~en CPA PHONE NO. ' 7075793414 Dec. 10 1997 12:~TPM P02 SOLID WASTE SYSTEMS, INC. TAYLOR AVE. TRANSFER STATION OFFER ANALYSIS OF FIRST YEAR RATES WITH POSTCLOSURE COSTS TRUCK HAUL VS. RAIL HAUL PROPOSALS PER TON ESTIMATED INVESTMENT= CONSTRUCTION COSTS OFFSITE IMPROVEMENTS ARCHITECTURAL AND ENGINEERING TOTAL CONSTRUCTION COSTS POSTCLOSURE COSTS PER TON CITY OF UKIAH ONLY TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION ADD RAIL SPUR UP FRONT ADD POSTCLOSURE COSTS WITH UKIAH VALLEY TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION ADD RAIL SPUR UP FRONT ADD POSTCLOSURR COSTS SWS SWS TRUCK RAIL HAUL HAUL DIFFERENCE $1,496,845 $1,606,885 $110,040 350,000 350,000 0 150,000 150,000 0 $1,996,845 $2,10 $110,040 $5.oo $5.oo 15,030 15,030 $7.60 $7.60 $0.00 $11.54 $16.79 $5.25 $19.00 $21.00 $2.00 $7.86 $11.73 $3.87 $46.00 $57.12 $11.12 $0.73 $5.oo $5.00 $o.oo mm mmm mmm~mNNmm! )m mN)m mm mm! $51.73 $62.12 810.39 m~ mmmm /mm{~mm~m mlm~mm~mmm 27,090 27,090 $7.60 $8.44 $0.84 $11.54 817.20 $5.66 $19.00 $21.00 $2.00 $7.40 8~.ol $~.6~ ;T;2 .................... $4 $~5.65 8~o.1~ 8o.41 ($o.41) 85.00 $5.00 $o.oo mm--~mm~ mmm~m~ mm~mmm~~ $50.~5 860.~ $9.70 FROM ' John War~en CPA PHONE NO. : ?0?5793414 Dec. 10 1997 12:28PM PO3 SOLID WASTE SYSTEMS, INC. TAYLOR AVE. TIL~NSFER STATION OFFER ANALYSIS OF FIRST YRAR RATES TRUCK HAUL VS. RAIL HAUL PROPOSALS PER TON AREA EXCEPT FORT BRAGG AND WILLITS TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION ADD RAIL SPUR UP FRONT ADD POSTCLOSURE COSTS ENTIRE COUNTY TONS OPERATIONS TRANSPORT DISPOSAL CONSTRUCTION ADD RAIL SPUR UP FRONT ADD POSTCLOSURE COSTS SWS TRUCK HAUL SWS RAIL HAUL DIFFERENCE 39,595 39,595 $7.60 $8,44 $0,84 $11.54 $1e.48 $4.94 $19.00 $21.00 $2.00 $s.o6 $6.16 91.~o $43.20 952.08 $8.88 $0.28 ($0.28) $5.00 $5.oo 9o.oo $48.48 $57.08 $8.60 49,702 49,702 $7.60 $8.44 90.84 $11.54 $15.82 $4.28 $19.oo $2~.oo $2.00 $4.03 $4.91 $0.88 $43.17 950.~7 $8.00 $0.23 ($o.~2) $5.00 $5.00 $o.oo m~mm~mmme mNmm~Nmmmm mmmmmN~mmm~ $47.39 $55.17 $7.78 FROM : John Wa~en CPR PHONE NO. : 7075793414 Dec, 10 1997 01:22PM P02 SOLID WASTE SYSTEMS, INC. TAYLOR AVE. TRANSFER STATION RAIL VERSUS TRUCK COMPARISON LAI~DFILL COMPONENT OF RATE CITY OF UKIAH ONLY SWS SWS TRUCK RAIL HAUL HAUL 1-30 GALLON CAN (TYPICAL RESIDENTIAL CUSTOMER) 1-20 G~.~LON CAN (T~PICAL SENIOR CITIZEN) $3.62 $4.42 $2.41 $2.95 1-3 YA~ CONTAINER (SMALL COMMERCIAL CUSTOMER) $7S.94 $92.83 TYPICAL LARGE STOR~ (2-4YD 6/WK} $1,214.98 $1,485.21 SCHOOL DISTRICT $3,126.04 $3,821.33 DIFFERENCE MONTHLY ANNUAL $0.80 $9.~0 $0.54 $6.48 $16.89 $202.68 $270.23 $3,242.76 $695,29 $8,343.48 LANDFILL COMPONENT OF RATE WITH UKIAH VALLEY 1-30 GALLON CAN (TYPICAL RESIDZNTIAL CUSTOMER) 1-20 GALLON CAN (TYPICAL SENIOR CITIZEN} 1-3 YARD CONTAINER (SMALL OOI~RCIAL CUSTOM~R) TYPICAL LARGE STORE (2-4YD 6/WK) SCHOOL DISTRICT SWS SWS TRUCK RAIL HAUL HAUL DIFFERENCE MONTHLY ANNUAL $3.56 $4.31 $0.75 89.00 $2.87 $2.37 $0.$0 $6.00 $74.66 $90.43 $2S.77 $189.24 $1,194.60 $3,073.62 $1,446.85 $3,722.62 $252.25 $3,027.00 $649.00 $7,788.00 FROM ' John Warren CPA PHONE NO. ' 7875793414 Deo. 10 1997 Oi'lgPM P03 SOLID WASTE SYSTEMSt INC. TAYLOR AVE. TRANSFER STATION OFFER TRUCK HAUL VS. RAIL HAUL PROPOSALS INFLATION RATE 3.00% 75% OF CPI WITH UKIAH VALLEY AND RAIL SPUR SWS SWS TRUCK RAIL HAUL HAUL DIFF. PER TON YEAR 1 $45.95 $55.65 $9.70 YEAR 2 $46.98 $56.90 $9.92 YEAR 3 $48.04 $58.18 $10.14 YEAR 4 $49.12 $59.49 $10.37 YEAR 5 $50.23 $60.83 $10.60 YEAR 6 $51.36 $62.20 $10.84 YEAR 7 $52.52 $63.60 $11.08 YFJU~ 8 $53,70 $65.03 $11.33 YEAR 9 $54.91 $66.49 $11.58 YEAR 10 $56.15 $67.99 $11.84 YEAR 11 $57.41 $69.52 $12.11 YF_J~ 12 $58,70 $71.08 $12.38 YEAR 13 $60.02 $72.68 $12.66 YEAR 14 $61.37 $74.32 $12.95 YEAR 15 $62.75 $75.99 $13.24 YEAR 16 $64.16 $77.70 $13.54 YEAR 17 $65.60 $79.45 $13.85 YEAR 18 $67.08 $81.24 $14.16 YEAR 19 $68.59 $83.07 $14.48 YEAR 20 $70.13 $84,94 $14.81 TOTAL 20 YEAR DIFFERENCE IN COSTS TO RATEPAYERS TOTAL 10 YEAR DIFFERENCE IN COSTS TO RATEPAYER$ UKIAH RESIDENTS AND BUSINESSES: TOTAL 20 YEAR COST DIFFERENCE TOTAL 10 YEAR COST DIFFERENCE UKIAH VALLEY RESIDENTS AND BUSINESSES: TOTAL 20 YEAR COST DIFFERENCE TOTAL 10 YEAR COST DIFFERENCE ANNUAL TOTAL DIFFERENCE $262,818 268,733 274,693 280,923 287,154 293,656 300,157 306,930 313,702 320,746 328,060 335,374 342,959 350,815 358,672 366,799 375,197 383,594 392,263 401,203 --~--mmmm~m~ $6,544,448 $2,909,512 $3,630,973 $1,614,248 mm~~~m $2,913,475 mmmmm~~ $1,295,264 FRON ' John ~awwen CPA PHOHE HO. ' ?075?93414 Dec. 10 1997 01:20PN P04 SOLID WASTE SYSTEMS, INC. TAYLOR AVE. TRANSFER STATION OFFER TRUCK HAUL VS. RAIL HAUL PROPOSALS INFLATION RATE 3.00% 75% OF CPI COUNTY EXCEPT FORT BRAGG AND WILLITS WITH RAIL SPUR SWS SWS TRUCK RAIL HAUL HAUL DIFF. PER TON YEAR 1 $43.48 $52.08 $8.60 YF_2%l~ 2 $44.46 $53.25 $8.79 YEAR 3 $45.46 $54.45 $8.99 YEAR 4 $46.48 $55.68 $9.20 YEAR 5 $47.53 $56.93 $9.40 YEAR 6 $48.60 $58.21 $9.61 YEAR 7 $49.69 $59.52 $9.83 YEAR 8 $50.81 $60.86 $10.05 YEAR 9 $51.95 $62.23 $10.28 YEAR 10 $53.12 $63.63 $10.51 YEAR 11 $54.32 $65.06 $10.74 YEAR 13 $56.79 $68.02 $11.23 YEAR 14 $58.07 $69.55 $11.48 YF2%R 15 $59.38 $71.11 $11.73 YEAR 16 $60.72 $72.71 $11.99 YF2~R 17 $62.09 $74.35 $12.26 YEAR 18 $63.49 $76.02 $12.53 YEAR 19 $64.92 $77.73 $12.81 YEAR 20 $66.38 $79.48 $13.10 TOTAL 20 YEAR DIFFERENCE IN COSTS TO RATEPAYERS TOTAL 10 YEAR DIFFERENCE IN COSTS TO RATEPAYERS UKIAH RESIDENTS AND BUSINESSES: TOTAL 20 YEAR COST DIFFERENCE TOTAL 10 YEAR COBT DIFFERENCE UKIAH VALLEY RESIDENTS AND BUSINESSES: TOTAL 20 YEAR COST DIFFERENCE TOTAL 10 YEAR COST DIFFERENCE OTHER COUNTY RESIDENTS AND BUSINESSES: TOTAL 20 YEAR COST DIFFERENCE TOTAL 10 YEAR COST DIFFERENCE ANNUAL TOTAL DIFFERENCE $233,002 238,121 243,539 249,228 254,646 260,335 266,295 272t254 278,485 284,716 290,947 297,448 304,221 310,993 317,766 324,809 332,123 339,438 347,023 354,879 $5t800,268 $2,580,621 $2,201,743 $979,587 $1,766,668 $786,016 $1,831,857 $~15t018 ~ROM ''JoHn Warren CPA PHONE NO. I 7075793414 Dec. 10 1997 01:20PM P05 SOLID WASTE SYSTEMS, INC. TAYLOR AVE. TRANSFER STATION OFFER TRUCK HAUL VS. RAIL HAUL PROPOSALS INFLATION RATE 75% OF CPI SWS SWS TRUCK RAIL ENTIRE COUNTY WITH HAUL HAUL RAIL SPUR DIFF. PER TON YEAR i $42.39 $50.17 $7.77 YEAR 2 $43.35 $51.30 $7.95 YEAR 3 $44.33 $52.45 $8.12 YEAR 4 $45.33 $53.63 $8.30 YEAR 5 $46.35 $54.84 $8.49 YEAR 6 $47.39 $56.07 $8.68 YEAR 7 $48.46 $57.33 $8.87 YEAR 8 $49.55 $58.62 $9.07 YEAR 9 $50.66 $59.94 $9.28 YEAR 10 $51.80 $61.29 $9.49 YEAR 11 $52.97 $62.67 $9.70 YEAR 12 $54.16 $64.08 $9.92 YEAR 13 $55.38 $65.52 $10.14 YEAR 14 $56.63 $66.99 $10.36 YEAR 15 $57.90 $68.50 $10.60 YEAR 16 $59.20 $70.04 $10.84 YEAR 17 $60.53 $71.62 $11.09 YEAR 18 $6x.89 $72.23 $Xl.34 YEAR 19 $63.28 $74.88 $11.60 YEAR 20 $64.70 $76.56 $11.86 TOTAL 20 YEAR DIFFERENCE IN COSTS TO RATEPAYERS TOTAL 10 YEAR DIFFERENCE IN COSTS TO RATEPAYERS UKIAH RESIDENTS AND BUSINESSES: TOTAL 20 YEAR COST DIFFERENCE TOTAL 10 YEAR COST DIFFERENCE UKIAH VALLEy RESIDENTS AND BUSINESSES: TOTAL 20 YFJ~,R COST DIFFERENCE TOTAL 10 YEAR COST DIFFERENCE OTHER COUNTY RESIDENTS AND BUSINESSEs: TOTAL 20 YEAR COST DIFFERENCE TOTAL 10 YEAR COST DIFFERENCE 3.00% ANNUAL TOTAL DIFFERENCE $210,600 215,365 219,971 224,847 229,994 235,141 240~288 245,706 251,395 257,084 262,773 268,733 274,693 280,652 287,154 293,656 300,428 307,201 314,244 321,287 $5,241,212 $2,330,391 $1,584,955 $704,716 ~m~ ~m~ $1e271,760 ~mm~mmm~mm $565,460 mmmm~mm~mm $1,318,686 m~mmmmN~/mmm FROM ' John Warren CPA PHONE NO. ' 7075793414 Dec. 10 1997 12:30PM P08 SOLID WASTE SYSTEMS, INC. TAYLOR AVE. TRANSFER STATION OFFER ANALYSIS OF FIRST YEAR RATES - TRUCK HAUL VS.RAIL HAUL PER TON TRUCK HAUL WITH RAIL SPUR SWS SWS TRUCK RAIL HAUL HAUL DIFFERENCE CITY OF UKIAH ONLY WITH UKIAH VALLEY AREA EXCEPT FORT BRAOG AND WILLITS ENTIRE COUNTY $46.73 $57.12 $10.39 $45.95 $$5.65 $9.70 $43.48 $52.08 $8.60 $42.39 $50.17 $7.77 CITY OF UKIAH ONLY WITH UKIAH VALLEY AREA EXCEPT FORT BRAGG AND WILLITS ENTIRE COUNTY SWS BLT RAIL RAIL HAUL HAUL DIFFERENCE $57.12 $78.43 $2~1.31 $55.65 $60.21 $4.56 $52.08 $55.2s $3.20 $50.17 $52.40 $2.23 TRUCK HAUL WITH RAIL SPUR CITY OF UKIA~ ONLY WITH UKIAH VALLEY AREA EXCEPT FORT BRAGG AND WILLITS ENTIRE COUNTY SWS BLT TRUCK RAIL HAUL HAUL DIFFERENCE $46.73 $78.43 $31.70 $45.95 $60.21 $14.26 $43.48 $55.28 $11.80 $42.39 $52.40 $10.01 BLT has no offer for Uk£ah only and Ukiah with Uktah Valley and the numbers for those two options are based on our extrapolation o£ ~helr rates. SENT BY:Xerox Telec0pier 7021 ;12-11-97 ; 8:29AM ; GOUNTY OF MENDOGIN0-* BOARD or: SUPEI~VlSORS MINUTES. NOVEMBER 25, 199 Study, recommending reduction of the 55 MPH speed zone on 69.70 and PM 70.10 to 45 MPH. ----- e~.~)'%I--~CUSSlON/ACTION RE COUNTY USE OF PRO TK ~NSFER STATION ON TAYLOR DRIVE r. Robert Nright spoke about choosing the beet bls. ~pon moti()n by Supervisor Campbell, seconded by awith SUl arviaor Delbar abstaining, IT IS ORDI ill direct ~t least the historical Ukiah Valley nsfer st; Iion that has a reasonable cost and acce ad. Mi ~iDOCINO 8OLID WASTE MANAGI LO =AL TASK FORCE (AB 939) AND CITIES NEW WASTE CHARACTERIZATION STU[ PRI3GRESS OF MENDOCINO COUNTY JURll r. Sweatily explained that a new waste charact~ tablish alhew baas year/determine the true recycli Nhat item,!in the waste stream could be targeted for ndicatad t~.ey need to know where to focus their 'equiremen~s of AB 939. Jpon moti¢ Jnanimou8 ~tudy be c( :ounty juri ~-1810 7e. IV MI RE LJpon moti4 unanimous 9.20.040 text is her 2-1897 7o. BC C¢ Upon moti, unanimoua Michael K. by Supervisor Campbell, seconded by SL ~, IT IS ORDERED that the Board directs ~duoted to more accurately determine the Sdictiona. RODUCTION OF AND WAIVE READINt &IDOCINO COUNTY CODE ; ATING TO SMOKING IN COUNTY n~ by Supervisor Pinches, seconded by S ;, IT IS ORDERED that the ordinance sm, ~lating to smoking in County buildings, is i~ ~y waived. $ 97-246 EMPI.OYMENT AGREEMENT LINTY ADMINISTRATIVE OFFICER n by Supervisor Campbell, seconded by ly, IT IS ORDERED that the Board approves ~Scannell, County Administrative Officer. 7 Page 81 Route 101 between PM )OSED 80LID WASTE ;or Pinches, and carried, ~e County of Mendocino to a Ukiah Valley area rms and .conditions. REQUEST FROM AND UKIAH FOR A )ETERMINE RET :YCLING )N study is necessary to and to provide= data on diversion. Mr. Cayler so they can neet the Shoemaker, arid carried waste characterization progress of M~ndocino iRDINANCE A&IENDING ,030 AND 9. )20.040 Campbell, and carried Cod~ Section and the reading of the K. SC r Shoemaker, agreer 707~,636204;~1t 3 ANNELL, carried ~ent with BLT ENTERPRISES /! Sot~tt~ IV.~sr~ 7'n.~,~str~n Sr~rtot~, PI~Ol'OS.4L TRUCK TRANSPORTATION OPTION TIPPING FEE: PART t'4 Case One: All solid waste from service area directed to transfer station by waste flow covenants. CASE ON E 10 Year Contract Term 20 Year Contract Term Transfer Station Operation $11.29 $11.02 Transportation $24.01 $23.94 Landfill Disposal $9.66 $9.66 Construction $9.35 $6.35 Total Tipping Fee $54.31 $50.97 Case Two: All solid waste from service area directed to transfer station by wasteflow covenants, EXCEPT wastestream of City of Fort Bragg C A S E T W O 10 Year Contract Term 20 Year Contract Term Transfer Station Operation $12.89 $12.58 Transportation $24.01 $23.94 Landfill Disposal $9.66 $9.66 Construction $10.67 $7.67 Total Tipping Fee $57.23 $53.85 Case Three: All solid waste from service area directed to transfer station by wasteflow covenants, EXCEPT wastestream of City of Willits and Ft. Bragg. C A S E T tl R E E 10 Year Contract Term 20 Year Contract Term Transfer Station Operation $12.89 $12.58 Transportation $24.01 $23.94 Landfill Disposal $9.66 $9.66 Construction $10.67 $7.67 Total Tipping Fee $57.2:3 $53.85 Note: Construction includes capital financing for facility plus assumption of MSWMA's outstanding debt on land purchase as set forflt herein. All figures exclusive of MSWMA surcharge. 9.9 7," ,~Ol..lID. ~.. ASI'E' 'il~ANA~ME~ A~HORITy _ BLT ENTERPRISES ,,'1 SOLID JV,4STE 7'R.4NSIrF. R 87'.47'!oN I>ROI'O$.4L RAIL TRANSPORTATION OPTION __ Case One: All solid waste from service area directed to transfer station by waste flow covenants. C A S E O N E 10 Year Contract Term .20 Year Contract Term Transfer Station Operation $11.29 $11.02 Transportation $25.47 $25.37 Landfill Disposal $9.66 $9.66 Construction $9.35 $6.35 Total Tipping Fee $55.77 $52.40 Case TWO: All solid waste from service area directed to transfer station by wasteflow covenants, EXCEPT wastestream of City of Fort Bragg CASE TWO Transfer Station Operation Transportation Landfill Disposal Construction 10 Year Contract Term 20 Year Contract Term $12.89 $12.58 $25.47 $25.37 $9.66 $9.66 $10.67 $7.67 Total Tipping Fee $58.69 $55.28 Case Three: All 'solid waste from service area directed to transfer station by wasteflow covenants, EXCEPT wastestream of City of Willits and Ft. Bragg. C A S E T H R E E 10 Year Contract Term 20 Year Contract Term Transfer Station Operation $12.89 $12.58 Transportation $25.47 $25.37 Landfill Disposal $9.66 $9.66 Construction $10.67 $7.67 Total Tipping Fee $58.69 $55.28 Note: Construction includes capital financing for facility plus assumption of MSWMA's outstanding debt on land purchase as set forth herein.~ All figures exclusive of MSWMA surcharge. ,.Y. OI..ID. I~.. A,.~. E' MANA~REME3tr A OTHORIIT Solid Wastes Systems Taylor Ave. Tru-~-~aaul' ~fi~n Wastes being disposed of at the transfer station would be deposited on the station floor where directed by the spotter. Loads that are either all, or almost all, wood waste or yard waste would be spotted in an area close to the number two loading bay. When an adequate amount of wood waste is accumulated for a full load it would be loaded into a transfer trailer and transported to the wood waste processing center. All wastes to be transported to the landfill would initially be "walked on" by a Caterpillar type crawler tractor. This is done to compact the waste and maximize loads. The refuse would then be loaded by a front-end loader type tractor into the transfer trailers. The trailers would be pulled from the loading bay, the top screens closed, and taken to the landfill for disposal. Refuse would not remain on the tipping floor for longer than twenty-four hours before being loaded and transported to the landfill. Hauling by truck provides operational benefits, in addition to the benefit of being much lower in cost, such as: A company affiliated with Solid Wastes Systems, located in Sonoma County, has a fleet of transfer trucks that would be available in case they are needed as backup equipment. Potrero Hills landfill has said that Solid Wastes Systems, Inc. would be provided 24 hr a day access to their site. This gives the added security that the refuse would be transported to the landfill in spite of equipment breakdowns, unusually high levels of waste, or times of special need such as a natural disaster. In the event that the route down Hwy 101 was blocked the trucks could be routed over Hwy 20 to Interstate 5, then on to the Protreo Hills landfill. Also, there is the possibility that a regional landfill will be opening in Colusa County. If Allied Waste is successful in opening that site there would be a potential savings by hauling to the landfill in Colusa County. The trucks and trailers used in the transfer operation would also be available for use to transport recyclables from the recycling processing center to market, in addition to being used to transport wood waste and yard waste to the processing site. processing center to market, in addition to being used to transport wood waste and yard waste to the processing site. With trucking we have the operational capability to control when the vehicles used for transporting the waste come and go with ability to immediately shift operations if the need arises. ,Solid Wastes Systems Taylor Ave. Rail Haul- Description Wastes being disposed of at the transfer station would be deposited on the station floor where directed by the spotter. Loads that are either all, or almost all, wood waste or yard waste would be spotted in an area close to the number two loading bay. When an adequate amount of wood waste is accumulated for a full load it would be loaded into a transfer trailer (truck) and transported to the wood waste processing center. All wastes to be transported to the landfill would initially be "walked on" by a Caterpillar type crawler tractor. This is done to compact the waste and maximize loads. The refuse would then be loaded by a front-end loader type tractor into the transfer containers. The rail cars carrying the containers would be pulled from the loading bay, the top covers closed, and taken to the landfill for disposal. Hauling by rail provides the following benefits: Reduces truck traffic into and out of the site, as well as along the Hwy 101 corridor. Based on the most likely tonnage scenario, waste from the City of Ukiah and the Ukiah Valley, that would be approximately 5 truck loads per day. Because of the reduced truck traffic it is possible that the Environmental Impact Report process could be a bit less difficult. Would provide long term revenue to the Northwestern Pacific Railroad. This would help to strengthen the financial position of the railroad and thereby aid it's long term survival. Although transport by rail would be more costly to the rate payers than transport by truck the Ukiah City Council and the other jurisdictions in Mendocino County have been supportive of transporting waste by rail. Solid Wastes Systems, Inc. believes that track haul is the way to go. Because of the amount of savings realized by going with truck versus rail the City of Ukiah could not only fund the closure/post-closure of the City's landfill but also possibly reduce the collection rates. It ultimately becomes a political decision whether to go rail or truck. Solid Waste Systems is providing proposals for both types of systems at our Taylor Ave. location. We are ready to help the City any way possible in making this decision. .......... ' ............................. l'rucK Haul ~lte l'lan mJU~ TA'~OIR DRIVE II i ! 11 Jams ,BIBIp, qlMmmJllJlmJm$1J ~ ~ r;T; ___mil m m ,gdll \ 0CT--~2--97 Rail Haut 8itePtan ~' :1 J ITEM NO. 7c DATE: DECEMBER 17, 1997 AGENDA SUMMARY REPORT SUBJECT: SE~ ~LEMENTAGREEMENTS REGARDING INVEST FINANCIAL CORP. ET AL. An oral report will be presented at the meeting by the City Attorney. Any action is to be made by the Council after the related Closed Session is held. RECOMMENDED ACTION: The City Attorney will present a recommendation at the meeting. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.' N/A N/A Candace Horsley, City Manager . .~ ,.~-..,.~ Michael F. Harris, Assistant City Manager~ ~J.,.~~ Candace Horsley, City Manager None APPROVED: Candace Horsley, CitylManager mfh:asrcc97 1217SETT ITEM NO. 8a ,,DATE: December 17. 1997 AGENDA SUMMARY REPORT SUBJECT: APPROVE CANCELLATION OF REGULAR CITY COUNCIL MEETING OF JANUARY 7, 1998 City Staff is recommending the cancellation of the January 7, 1998 City Council meeting, due to the holidays. The cancellation of this meeting will not impact any pending business of the City. RECOMMENDED ACTION- City Council cancel Regular City Council meeting of January 7, 1998. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not cancel Regular City Council Meeting of January 7, 1998. 2. Determine alternate date for City Council meeting prior to January 21, 1998. Acct. No. (if NOT budgeted)- N/A Acct. No.' Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: City Manager Prepared by: Candace Horsley, City Manager Attachments' None. APPROVED:~~_ ~'~~'h/~ o ,... Candace Horsley, Ci"t-y i~anager 4/CM/ASRCancel