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Home My WebLink AboutAGENDA BACKUP 08-18-94 , Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 4 BOARD MEETING OF NO. 4. CONSENT CALENDAR a. DATE July 27, 1994 SUBJECT ACCEPT GRANT OF EASEMENT FROM CONTRA COSTA COUN FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR A SEWER EASEMENT THROUGH CREEKWOOD PLACE, LAFAYETTE, DP 4785 TYPE OF ACTION ACCEPT GRANT OF EASEMENT SUBMITTED BY INITIATING DEPT.lDIV. Ricardo Hernandez/Engineering Assistant Engineering Dept/lnfrastructure Div. ISSUE: The Board of Directors' approval is required for accepting Grants of Easements. BACKGROUND: The District is in the process of constructing a pipe bridge accross Las Trampas Creek as part of the Woodland Way Sewer Renovation Project. This project was awarded for construction as part of the Watershed 22 Trunk Upgrade project. On June 16, 1994 the Board of Directors approved the acceptance of a sewer easement through Creekwood Place, Lafayette, for a sewer and the easterly portion of the the bridge. The sewer will cross the creek via the bridge and then across property owned by Flood Control and Water Conservation District, to Fourth Street (see Exhibit A). The Contra Costa County Board of Supervisors on July 12, 1 994 adopted a Resolution approving and authorizing the granting of this easement to the District (Resolution attached). The next step is the acceptance of the easement by the District's Board of Directors. In accordance with the California Environmental Quality Act (CEQA), a Notice of Exemption for the Woodland Way Sewer Replacement Project has been filed with the Contra Costa County Clerk. RECOMMENDATION: Accept the Grant of Easement Deed from Contra Costa County Flood Control and Water Conservation District and authorize staff to record said Deed with the Contra Costa County Recorder. REVIEWED AND RECOMMENDED FOR BOARD ACTION RH CWS JSM RAB INITIATING DEPT.lDIV. ~~ ~w ~I/t( !J!JB 1302A-7/91 \ c \ 0> D N \ 0 0 '" \ ~ "" .2 .-I l Z 0 !: N 0 0 300 L 'l- I c , FEET N ~ ~ Central Contra Costa '0 Sanitary District 0' 0 600 ---------- LAFAYETTE SEWER IMPROVEMENT STUDY WOODLAND WAY PROJECT AREA EXHIBIT A THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CAUFORNIA I'~ . . Adopted this Resolution on July 12. 1994, by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers , NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 94/ 348 Government Code ~ 25526.6 SUBJECT: Conveyance of Easement to Central Contra Costa Sanitary District Las Trampas Creek, Fourth Street Project No. 7505-6F8337 Lafayette Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County Flood Control & Water Conservation District acquired certain real property by deed recorded on October 22. 1942. in Book 4227 at page 26. in the Lafayette area. for flood control purposes. The Central Contra Costa Sanitary District has requested an easement over a portion of said property, described in Exhibit "N' attached hereto. for the construction and maintenance of sanitary sewer facilities. This Board FINDS that the conveyance of such easement is in the public interest and will not substantially conflict or interfere with the District's use of the property. This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to Central Contra Costa Sanitary District. over the property described in Exhibit "A" attached hereto, pursuant to Government Code Section 25526.6 and the Board Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District. The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee. Ortg. Dept: Contact: cc: Public Works (RIP) Pat Smyers (313-2222) Public Works Accounting Public Works Records Gramee4Via RIP) PS:glo g:Vealproplbr2712.t7 RESOLUTION NO. 94/ 348 r , ~ EXHIBIT A (r~ REAL PROPERTY in the city of Lafayette. county of Contra Costa, state of California described as follows: Portions of Lots 1 and 2, Block 9 as shown upon Map No. 1 of Lafayette Homesites filed on October 16, 1914 in Book 12 of Maps at page 266, said county records described as follows: A strip of land 20 feet wide the centerline of which is described as follows: Commencing at the southeasterly comer of Lot 19, Block 8 of said Map~ thence south 63' 23' 59" west 0.28 feet to a 2 inch x 2 inch redwood hub and tack, tagged L.S. 6690; thence north 12" 34' 55" east 85.02 feet to a 2 inch x 2 inch redwood hub and tack, tagged L.S. 6690; thence north 43' 34' 0 I" east 97.55 feet to the POINT OF BEGINNING being a point on the easterly line of Fourth Street as shown upon said Map, said easterly line having a bearing of north 12' 34' 58" east (north II' 43' 30" east - map bearing); thence from said POINT OF BEGINNING north 82' 59' 41" east 25.71 feet; thence north 59' 22' 23" east 112.42 feet to a point on the easterly line of said Lot I, said point bears south 7' 40' 28" west 12.74 feet from the northeasterly comer of said Lot I. The sidelines of said 20 foot strip of land shall be lengthened or shortened to terminate in the east at said easterly line of Lot 1 and in the west at said easterly line of Fourth Street. Containing a total of 2763 square feet. more or less. Bearings for the above description are based on the California State Plane Coordinate System (1927), Zone 3. ~'-- A.P. 233-060-038 PED\A: ,4 me, . EIIT Exhibit A Pete' of 1 J....ry 6, 1994 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 3 BOARD MEETING OF August 18, 1994 NO. 4. CONSENT CALENDAR b. SUBJECT DATE AUTHORIZATION FOR P.A. 94-7 (ALAMO) AND P.A. 94-8 (LAFAYETTE) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING SUBMITTED BY INITIATING DEPT.lDIV. Dennis Hall, Associate Engineer Engineering Dept. Infrastructure Div. ....................... ........................ . . . . . . . . . . . . . . . . . . . . . . . ........................ ....................... :R~rqgl: "NpJ..! 94-7 Alamo (7703) ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... ........................................................................................... .gID~rli~~r@~~ :.~~rF~IN9~119r~?:g.~:m Edward Swanson 1524 Alamo Way Alamo, CA 94507 191-080-001 (1.18 Ac.) ............................ ........................... ............................ ........................... ........................... ........................... 1I11IIII1 Existing house with CCCSD a failing septic system; must connect to the public sewer system. Project is exempt from CEOA Property owner CCCSD plans to construct one single family home on his property. Project is exempt from CEOA 94-8 Lafayette (4683) Geoffrey Becker 7 Oak Lawn Drive Daly City, CA 9401 5 167-100-001 (2.02 Ac) Recommendation: Authorize P.A. 94-7 and 94-8 to be included in a future formal annexation. RE~EWEDANDRECOMMENDEDFORBOARDAcnON t>tI 1302A-7/91 DH J~U: JSM fJJ8 RAB INITIATING DEPT./DIV. "", '... "... ... " '..., '. PROPOSED ANNEXATION P.A. 94-7 ~- ; --.:; , . 0:.:'___.' . ......1... '.. ~;':~;.... ..... l.f6 ~3 ~._"- - 38 PM 9810 85 PM 4/. PROPOSED ANNEXATION P .A. 94-8 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 Au ust 18, 1994 NO. 4. CONSENT CALENDAR C. DATE August 8, 1994 BOARD MEETING OF SUBJECT TYPE OF ACTION QUITCLAIM SEWER EASEMENTS TO AAAAA RENT-A-SPACE MORAGA, LTD., JOB 1933, PORTION PARCEL 1 AND JOB 3807 PARCEL 1, MORAGA AREA APPROVE QUITCLAIM OF SEWER EASEMENTS SUBMITTED BY INITIATING DEPT./DIV. Dennis Hall, Associate Engineer Engineering Deptllnfrastructure Division ISSUE: AAAAA RENT-A-SPACE-MORAGA, LTD. has requested the District to quitclaim the subject easements. BACKGROUND: The subject easements were granted to this District in 1981 and 1982, at no cost to the District. The easements are located on the AAAAA RENT-A-SPACE property which was unimproved at that time. The sewer main which was located within the subject easement has been abandoned. It has been replaced by a new sewer main and easement which will permit the property owners to make better use of their property. The subject easements are no longer needed and may now be quitclaimed. The District's quitclaim processing fee has been paid. This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CECA) under District CEQA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. RECOMMENDATION: Approve Quitclaim Deed to AAAAA RENT-A-SPACE MORAGA, LTD. Job Nos. 1933 and 3807, authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deed, and authorize the Quitclaim Deed to be recorded. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-7/91 ~DH JSM RAB , 'r;J! fiJfJ ~ ,/ PROPERTY UN. r .-.... .... ............ -..... ...... .. -.. ..... - ...... ........ .. ............ _ i _ _~. A BA.NDON. BLDG. C . cD 8" i I.... .~--#87~~~...._._-_.... REPLACE~ENT I I ~~ EASEMENT ~ I ............ QUITCLAIM S.S.E........~. - -..--.- (19160 O.R. 558) 1 (6755 OR 204) --...-. I I I l I I ~ BLOG.B ~ I ! ~ I I I ~.............. ...................-.. ... ...... .. ........... REPLACEMENT 8" DUCTILE IRON SEWER MAIN I U1 ~ ~~~~_..._--_... J. I -- -- 't~ 7t!t . -~ "'1': QUITCLAIM EASEMENT JOBS 1933 & 3807 MORAGA AREA Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 4 BOARD MEETING OF August 18, 1994 NO. 4. CONSENT CALENDAR d. SUBJECT DATE AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT Au ust 4, 1994 TYPE OF ACTION AUTHORIZE PUBLIC NOTICE SUBMITTED BY INITIATING DEPT./DIV. Debbie Ratcliff, Controller Administrative/Finance and Accounting ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in accordance with Article XIII B of the California Constitution. BACKGROUND: Proposition 4 was approved on November 6, 1979, and was incorporated in the California Constitution as Article XIII B. Article XIII B, as implemented by Senate Bill 1352, limits appropriations of state and local governments to the appropriations of the 1978-1979 base year adjusted in each subsequent year for changes in the Consumer Price Index or California per capita personal income, whichever is lower, and the change in population. SB 1352 requires government agencies to establish their appropriations limit by resolution each year at a regularly scheduled meeting. Notice to the public of the availability of documentation in support of the appropriations limit must be given fifteen days prior to adoption. The appropriations limit is open to challenge within 45 days of the effective date of the resolution. The following key considerations have been used in applying the provisions of Article XIII B: . The District accounts for its activities in four separate funds: Running Expense Fund (General Fund); Sewer Construction Fund (Capital Fund); Self-Insurance Fund; and Debt Service Fund. The Running Expense Fund and Self-Insurance Fund are considered to be enterprise funds and are not subject to limitation under Proposition 4. Enterprise funds are generally used to account for operations that are financed and operated in a manner similar to private business enterprises where it is intended that costs of providing goods or services to the public on a continuing basis be financed or recovered primarily through user charges. Bond proceeds used for debt service are not subject to the appropriations limit. The District's appropriations limit is required to be established for the Sewer Construction Fund. The appropriations limit is determined for yearly appropriations into the Sewer Construction Fund. RE~EWEDANDRECOMMENDEDFORBOARDAcnON 1302A-7/91 DR PM SUBJECT AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT PAGE DATE 2 OF 4 August 4, 1994 . Article XIII B defines "proceeds of taxes" as including, but not restricted to, all tax revenues, income from investment of tax proceeds, and the proceeds of regulatory licenses, user charges and fees to the extent that such proceeds exceed the reasonable cost of providing the regulation, product or service. "Proceeds of taxes" also include state subventions, other than those for mandated programs for which the state reimburses the local agency. SB 1352 further defines state subventions to include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention. Grant funds received from the state for capital projects are restricted to specific uses and are, therefore, not "proceeds of taxes." . Fund balances carried over into fiscal year 1 980-1 981 are generally subject to limitation unless they were appropriated into a reserve account prior to July 1, 1980; however, as the Sewer Construction Fund is a single purpose fund, the fund balance at June 30, 1981 has been construed as having been appropriated into reserves and, therefore, not subject to limitation. Article XIII B was amended in 1990 by Proposition 111, which resulted in the following changes: . Formerly, the appropriations limit was increased annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the Consumer Price Index, whichever is lower. As amended, the Consumer Price Index is replaced by the change in the local assessment roll due to local nonresidential construction. The Board is to select between the per capita personal income or the change in the local assessment roll due to local nonresidential construction by a recorded vote. The 1990-1991 appropriations limit shall be the 1986-1987 appropriations limit adjusted from that year forward by the new growth factors stated in the proposition. The change in the local assessment roll, which is intended to be obtainable from the County Assessor was not available for use for the 1990-1991 fiscal year and, therefore, the per capita personal income factor was used. The County Assessor has since provided the change in the local assessment roll for the 1991-1992 through the 1993-1994 fiscal years, but advised that the change in assessment roll for the prior fiscal years 1987-1988 through 1990-1991 will not be available. The change in the local assessment roll for the. 1994-1995 fiscal year has been reported by the County Assessor to be 15.6 percent. The California per capita personal income percentage change is 0.71. The change in the local assessment roll is being used in the calculation of the 1994-1995 appropriations limit, as shown on Attachment I. . Revenues received in a fiscal year and the fiscal year immediately following it in excess of the appropriations limit during that fiscal year and the fiscal year immediately following it, shall be returned by a revision of tax rates or fee schedules within the next two subse uent fiscal ears. 13028-7/91 SUBJECT AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT PAGE DATE 3 OF 4 August 4, 1994 . In the event an emergency is declared by the Board, the appropriations limit may be exceeded provided that the appropriations limits in the following three years are reduced accordingly to prevent an aggregate increase in appropriations resulting from the emergency. . The annual calculation of the appropriations limit for each entity of local government shall be reviewed as part of an annual financial audit. The appropriations limit for 1993-1994 will be reviewed by the District's independent auditors, Maze and Associates, during the regularly scheduled annual audit. RECOMMENDATION: Authorize a public notice advising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 15, 1994, at which the appropriations limit for the Sewer Construction Fund for the fiscal year 1994-1995 will be established. 1302B-7/91 ADS/Pos Paper #2/Prop4.PP CENTRAL CONTRA COSTA SANITARY DISTRICT Sewer Construction Fund (Capital Fund) Appropriations Limit $4,697,644 $5,285,789 $6,062,800 $6,746,078 $7,266,875 1978-1979 Appropriations Subject to Limitation 1979-1980 Appropriations Limit 1980-1981 Appropriations Limit 1981-1982 Appropriations Limit 1982-1983 Appropriations Limit 1983-1984 Appropriations Limit 1984-1985 Appropriations Limit 1985-1986 Appropriations Limit 1986-1987 Appropriations Limit 1987-1988 Appropriations Limit 1988-1989 Appropriations Limit 1989-1990 Appropriations Limit 1990-1991 Appropriations Limit 1991-1992 Appropriations Limit 1992-1993 Appropriations Limit 1993-1994 Appropriations Limit 1994-1995 Appropriations Limit: Nonresidential New Construction Change in Assessment Roll Population Change Compound Effect: $7,548,830 $8,010,818 $8.416,165 $8,823,507 $9,303,506 $9,964,055 $10,768,154 $11.575,765 $13,574,899 $14,559,079 $16,366,166 1 .1560 1.0162 1.1560 x 1.0162 = 1.174727 $16,366,166 x 1.174727 = $19,225,777 ADS/PosPaper #2/Prop4.PP Attachment I Page 4 of 4 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2.S Au ust 18, 1994 NO. 6. ENGINEERING a. POSITION PAPER BOARD MEETING OF SUBJECT DATE SET A DATE FOR A JOINT BOARD MEETING WITH THE CONTRA COSTA WATER DISTRICT TO APPROVE THE GENERAL AGREEMENT FOR RECYCLED WATER TYPE OF ACTION SET DATE FOR JOINT BOARD MEETING WITH CONTRA COSTA WATER SUBMITTED BY INITIATING DEPT./DIV. Lynne B. Putnam, Senior Engineer Planning Division, Engineering Department ISSUE: Staffs from the District and Contra Costa Water District (CCWD)) have negotiated a General Agreement for Recycled Water. The Board has indicated that a joint Board meeting to approve this agreement would be appropriate. Board approval of the General Agreement is required. BACKGROUND: The Board approved the Principles of Agreement for Recycled Water Development on May 19, 1994, which the CCWD Board had approved on April 27, 1994. The intent of the Principles of Agreement was to provide a framework for a General Agreement between the two districts. The draft General Agreement supersedes and terminates, in its entirety, the water supply contract dated April 27, 1972, and amended September 15, 1976, and August 16, 1979, which had been subject to a lawsuit filed by CCWD. The lawsuit was dropped in June 1993. The purpose of the General Agreement is to describe a mutually beneficial business relationship between the two districts wherein specific recycled water projects may be pursued jointly or individually subject to subsequent project specific agreements. The draft General Agreement specifies a process to implement future recycled water projects as well as addresses ownership and operations issues of the existing recycled water facilities. Staffs from the District and CCWD have consistently based the General Agreement on the Principles approved by our respective Boards in the Principles of Agreement. A copy of the draft General Agreement and a staff summary have been attached for your review. September 7, 1 994, has been proposed by CCWD as a date for a joint Board meeting with the CCWD Board of Directors. RECOMMENDATIONS: Set a date for a joint Board meeting with the CCWD Board to approve the General Agreement for Recycled Water. Provide staff with input concerning the draft General Agreement. LBP DJC RAB INITIATING DEPT.lDIV. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ 1302A-7/91 Attachment STAFF SUMMARY INTRODUCTION The District is currently developing a General Agreement for Recycled Water (General Agreement) with Contra Costa Water District (CCWD). This agreement defines the business relationship between the two districts, and resolves existing issues associated with the 1972 agreement. The General Agreement also provides the basis for separate agreements between the districts as required for specific recycled water projects. The General Agreement is developed based on Principles of Agreement approved by the District Board on May 19, 1994, and the CCWD Board on April 27, 1994. DISCUSSION The following sections briefly describe the major highlights of various provisions included in the draft General Agreement: Introduction to the General Agreement: The Introduction to the General Agreement recites operative wording from the preamble of the Principles of Agreement. The General Agreement is being made in order to resolve past disputes, terminate past agreements, and to replace such agreements with a general agreement for the purveyorship of recycled water within CCWD's service area. This General Agreement provides the basis for future project specific agreements. Recitals: The recitals contain Section A.1 through A.6 of the Principles of Agreement. Section 1 - General Purpose and Intent: This section specifies the provisions included in Sections A, Band C of the Principles of Agreement. Section 2 - Definitions: This section defines the various terms used in the agreement. These definitions were not addressed in the Principles of Agreement. 1 Section 3 - Term: The agreement continues indefinitely or until terminated by mutual agreement (Section 16). This provision was not addressed in the Principles of Agreement. Section 4 - Resolution of Past Disputes: This section refers to the resolution of litigation related to claimed breach of 1972 agreement, and a disagreement over water charges. The cases were dismissed on June 30, 1993. These provisions were included in Section B of the Principles of Agreement. Section 5 - Past Costs: Neither district will seek compensation from the other for past costs related to recycled water. Both districts may recover capital costs invested since January 1, 1992, through the sale of recycled water. These provisions were included in Section D of the Principles of Agreement. Section 6 - Replacement of Prior Contract: This section defines the termination of the 1972 agreement and addresses ownership, operation and maintenance responsibilities of existing facilities, requires modification of the power supply agreement with PG&E, and maintains CCWD's right to discharge brine into District's outfall. The following describes the major provisions also included in Sections C.1 and C.2 of the Principles of Agreement: . The District would own and operate the clear well effluent pumps and 42-inch pipeline. The 1972 agreement provided that these facilities would be operated and maintained by CCWD, and that they would be conveyed to CCWD in perpetuity on June 30, 2006. The District must meet with CCWD regarding any action that might modify or otherwise limit the availability of those facilities to CCWD for future uses of the NaX Plant. . Ownership of the temporary tank fill facility constructed by CCWD in 1991 is conveyed to the District. . CCWD retains ownership and operation of the NaX Plant facility on District property at no cost. . Should neither district demonstrate the feasibility of operating the NaX Plant within five years of the effective date of the General Agreement, CCWD shall prepare a plan and schedule for the ultimate use or disposal of the facility. No requirement 2 is made as to the date of ultimate use or disposal. If the NaX Plant becomes a safety hazard while on District property, CCWD will rectify the hazard. Section 7 - Development of Future Projects This section was included in Section 4 of the Principles of Agreement and defines the requirements related to future projects. Recycled water projects may be developed jointly, or by either district. The project sponsor is required to complete a business plan as outlined in Exhibit D. Should the districts agree to pursue a joint project, a project specific agreement, including cost sharing provisions will be negotiated. If the District proposes a project, and CCWD declines to participate, a project specific agreement defining purveyorship between the districts will be executed. Signed requests for recycled water service will include limitations of recycled water service, applicable laws and regulations, relative services to be provided by CCWD and the District, and the process to be followed and costs to be incurred in case the customer wishes to resume CCWD service. The agreement acknowledges that CCWD's procedures may change in the future. A copy of CCWD's current procedures are to be provided within 30 days of execution of the General Agreement. The District would be responsible for all costs related to the project. In the event CCWD proposes a project and the District declines, the District is required to furnish available treated wastewater effluent, meeting its NPDES permit requirements, at no cost to CCWD. Factors affecting the availability of effluent are acknowledged in the Agreement. The following sections 8-17 were not addressed in the Principles of Agreement. Section 8 - Water Quality Representation: This Section refers to the District's effluent water quality. Should the District violate its NPDES permit requirements, such violation would not constitute a breach of the General Agreement. Section 9 - Responsibility for Compliance with Law: This section refers to compliance with applicable laws. Each district is responsible for its own actions. Each district is required to notify the other of any suspected violations of law with respect to actions under the General Agreement. Section 10 - Effect of Agreement This section states this General Agreement supersedes all prior agreements between the two districts pertaining to recycled water. A provision also has been made as to the mechanism for updating the current arrangement for providing recycled water service to the County Corporation Yard, Seasons A. Cemetery, and Wood Farms. 3 Section 11 - Successors and Assigns: This section refers to the assignment or delegation of any right or obligation. Any assignment requires written consent of the other district. Section 12 - Notices: This refers to the procedures for the formal notices and communications. Section 13 - Indemnification: This section refers to the two districts indemnifying one another, and contains a provision for shared liability under the General Agreement. Section 14 - Insurance: This section contains the provisions for each district to include the other as additional insured under its general liability or self-insured program. Legal counsel is considering the provision where the District provides coverage for CCWD. Section 15 - Dispute Resolution: This section contains a procedure defining binding arbitration to be followed in case of dispute related to this General Agreement. The process of using Judicial Arbitration and Mediation (JAMS) is being considered by both district's legal counsel. Section 16 - Termination: The General Agreement may only be terminated by mutual written consent. Section 17 - Survival: This section defines which provisions of the agreement survive upon termination of the General Agreement, including those on the right to purvey water, replacement of prior contracts, resolution of disputes and disposition of past costs. The right to purvey is qualified by acknowledging changes in law. ADS/Planning/Short. Ver 4 GENERAL AGREEl\1ENT FOR RECYCLED WATER BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND CONTRA COSTA WATER DISTRICT This General Agreement for Recycled Water (General Agreement) is made on , 1994, (the "Effective Date") between Central Contra Costa Sanitary District (CCCSD), a local public entity organized under the Sanitary District Act of 1923, and Contra Costa Water District (CCWD), a local public entity organized under the County Water District Law, in order to resolve past disputes, terminate past agreements, and to replace such agreements with this General Agreement for the purveyorship of recycled water within the CCWD service area. This General Agreement is modeled upon Principles of Agreement for Recycled Water Development, approved by CCCSD and CCWD, on May 19, 1994 and April 27, 1994 respectively, and provides the basis for project specific agreements between the districts as required for specific recycled water projects. RECITALS, a. Whereas, both districts believe prudent water management in California requires effective water conservation and reuse to meet diverse water needs; b. Whereas, both districts believe that it is sound public policy to develop recycled water resources through economically, financially, and environmentally sound projects; c. Whereas, both districts believe that the use of existing facilities benefits the ratepayers of both districts by enabling the productive use of existing facilities; d. Whereas, both districts declare their intent to establish and maintain a business relationship that facilitates the implementation of sound recycled water projects; e. Whereas, by letter agreement dated May 23, 1991, CCWD currently purveys recycled water provided by CCCSD to the Contra Costa County Corporation Yard, Seasons A. Cemetery and the Wood Farms; and f. Whereas, the districts are authorized to enter into this General Agreement pursuant to the following laws, regulations and orders: (i) CCWD's enabling legislation, the County Water District Law, including without limitation Water Code sections 31048 and 31049; (ii) CCCSD's enabling legislation, the Sanitary District Act of 1923 including without limitation, Health and Safety Code Sections 6512, 6520.7 and 6520.9, as well as other authorities, which permit CCCSD to provide water recycling functions; (ill) Chapter 3 of Division 4 of Title 22 of the California Code of Regulations which provides standards for recycled water quality; and (iv) The San Francisco Bay Regional Water Quality Control Board ("RWQCB") Order No. 91-042, which relates to irrigation uses of recycled water, such as the existing uses cited in Recital e, Order No. 91-130 which relates to industrial uses of recycled water for Tosco, Shell and Rhone-Poulenc, and additional pertinent orders as the RWQCB may from time to time propound. NOW, THEREFORE, IT IS AGREED THAT: 1. GENERAL PURPOSE AND INTENT The purpose of this General Agreement is to provide a general framework of understanding and agreement between CCWD and CCCSD regarding the terms and conditions under which recycled water shall be purveyed within CCWD's service area. For the purposes of this General Agreement, the following shall apply: a. Subsequent agreements between the districts regarding specific recycled water projects shall be implemented in accordance with this General Agreement; b. CCWD is the purveyor of water including recycled water and the primary water supplier in the CCWD service area, except as otherwise provided in one or more project specific agreements executed pursuant to this General Agreement, and CCCSD is the major producer of water for recycling in the area served by CCCSD; Page 2 c. Public Utilities Code Section 1501 et seq. which provides certain authority that the construction of facilities to provide or extend service, or for the provision or extension of service, to or within the service area of a public entity, may constitute a taking of property. One purpose of this General Agreement is to provide a mechanism for the construction of facilities to provide or extend service or for the provision or extension of service by CCCSD in the service area of CCWD by project specific agreements with CCWD so as to not amount to such a taking; d. The Reclaimed Water Supply Contract dated April 27, 1972 (including Amendment No.1 dated September 15, 1976, and Amendment No.2 dated August 16, 1979) is hereby terrniriated in its entirety as of the Effective Date of this General Agreement, pursuant to Section 6.a; e. Both districts agree to terminate and not pursue previous recycled water litigation and past disputes, pursuant to Section 4. f. Both districts will coordinate planning activities related to the provision of recycled water service, and each may identify projects which can be implemented incrementally. g. Both districts recognize that it may be appropriate to negotiate additional agreements relating to specific recycled water projects pursuant to the conditions imposed within this General Agreement; and h. Both districts enter into this General Agreement recognizing that it may be appropriate to consider modifying this General Agreement in a mutually acceptable manner to maintain a fair and positive business relationship, particularly when legal or regulatory changes materially affect the ability to produce or purvey recycled water. 2. DEFINITIONS When used in this General Agreement, the terms described below shall have the meanings as set forth in this section: Page 3 a. "CCCSD treatment plant site" means that area within the current treatment plant property boundaries as shown on Exhibit A. b. "Existing recycled water facilities" means those CCCSD recycled water production and delivery facilities on the CCCSD treatment plant site or within CCCSD easements outside the treatment plant site as of the Effective Date of this General Agreement including without limitation, the filter plant forebay, the filter plant, the filter plant pumps and appurtenances, conveyance facilities to and from the clearwe1l, the clearwell, the meter, the clearwell pumping station including effluent and backwash pumps, the 42-inch industrial recycled water pipeline from the clearwell to the terminating point at the CCWD's 30-inch recycled water pipeline to Tosco refinery in the vicinity of CCWD's 48-inch short-cut pipeline, a 42-inch butterfly valve at the terminus of 42-inch line and the truck filling facility as generally shown on Exhibit A; and those CCWD recycled water production, delivery and distribution facilities as of the Effective Date of the General Agreement including, without limitation, the NaX Plant, two (2) 3.0 million gallon recycled water storage tanks; a 30-inch recycled water pipeline to and from the recycled water storage tanks; a 30-inch recycled water pipeline at the outlet flange of CCCSD 42-inch butterfly valve, narrowing to a 20-inch recycled water pipeline at the Tosco refmery, including meter and valves; and a 24-inch recycled water pipeline to the Shell refinery, including a meter and valves, as generally shown on Exhibits Band C. c. "NaX Plant" means the existing CCWD recycled water facilities located on CCCSD's treatment plant site as of the Effective Date of this General Agreement which includes ion exchange softeners, resin storage tank, operation building, influent pumps, waste brine equalization tank and pumps, brine makeup basin and pumps, influent and effluent meter vaults, influent, effluent and brine discharge pipelines, ancillary piping and valves (above and below ground), electrical and instrument conduits, SCADA equipment, motor control centers, and ancillary equipment, as generally shown on Exhibit B. d. "NPDES permit" means the National Pollutant Discharge Elimination System permit issued by the RWQCB to each district respectively as the context requires. e. "Potable water" means water which conforms to federal, state and local agency standards for human consumption. Page 4 f. "Potential recycled water customer" means a property owner identified by either district as a future possible customer of recycled water service, but who has not yet signed a letter of intent or other instrument indicating a willingness to be provided with recycled water. g. "Project specific agreements" means future agreements entered into by both districts which defme the rights and responsibilities of both districts regarding recycled water production, purveyorship, economic impacts, and other project specific issues pursuant to this General Agreement. h. "Purveyorship" of recycled water means authority to provide recycled water service within the CCWD service area either granted through applicable law or by project specific agreements between CCWD and CCCSD. 1. "Recycled water "or "reclaimed water" means water which is a result of treatment of wastewater, meets all applicable requirements established from time to time by pertinent Federal or State agencies and the RWQCB having jurisdiction and regulating the use of recycled water and which is suitable for appropriate and approved non-potable uses. For the purpose of this General Agreement, recycled water and reclaimed water are considered synonymous. J. "Recycled water customer" means a property owner identified by either district as a possible customer of recycled water service who has signed a letter of intent or other instrument indicating a willingness to be provided with recycled water. k. "Recycled water facilities" includes both existing recycled water facilities and facilities proposed to be constructed by CCWD or CCCSD for the purpose of producing, delivering, and/or distributing recycled water. 1. "Recycled water project" means a project that, when completed, results in recycled water being delivered to customers. Page 5 3. TERM This General Agreement shall become effective on the Effective Date stated above and shall continue until terminated as set forth in Section 16. 4. RESOLUTION OF PAST DISPUTES Both districts agree not to further pursue previous disputes that had existed between the two districts, related to the 1972 agreement. The litigation Case Number 258786 relating to claimed breach of the 1972 agreement, together with litigation relating to past water charges (Case Number. 238047) was dismissed on June 30, 1993, by the Superior Court of California, County of Contra Costa. 5. PAST COSTS a. CCWD will not seek any compensation from CCCSD for CCWD's past costs associated with the NaX Plant, or other existing recycled water facilities constructed, or studies undertaken and completed, prior to the Effective Date of this General Agreement. Similarly, CCCSD will not seek compensation from CCWD for the costs associated with the existing CCCSD recycled water facilities constructed or studies undertaken and completed prior to the Effective Date of this General Agreement. b. Both districts may recover capital costs invested since January 1, 1992, through the sale of recycled water pursuant to project specific agreements. 6. REPLACEMENT OF PRIOR CONTRACTS a. The Reclaimed Water Supply Contract dated April 27, 1972, (including Amendment No.1 dated September 15, 1976 and Amendment No.2 dated August 16, 1979), and the agreement entitled "Memorandum of Understanding for Water Reuse Demonstration Project" made on June 16, 1988, being contracts between the two districts regarding recycled water production, delivery, and distribution, are hereby terminated in their entirety. Page 6 The current arrangements between CCCSD and CCWD for providing recycled water service to the County Corporation Yard, Seasons A. Cemetery (formerly known as Pioneer Cemetery) and Wood Farms remain in effect unless or until modified under a project specific agreement. b. Both districts agree that, with the exception of the NaX Plant, all existing recycled water facilities located within the CCCSD treatment plant site and within CCCSD easements as shown on Exhibit A, in their current condition are the sole property of CCCSD. Upon execution of this General Agreement, CCCSD accepts ownership of the truck filling station, constructed by CCWD within the CCCSD treatment plant site, in its current condition. Furthermore, operation and maintenance of such facilities shall be the responsibility of CCCSD unless otherwise provided for in a project specific agreement. The current agreement dated August 22, 1979, between CCWD, CCCSD and PG&E for separate metering of the power supply shall be amended as necessary to be consistent with ownership of facilities defined herein. CCCSD shall meet with CCWD prior to undertaking any modification of the CCCSD recycled water clear well, clear well pump station, 42-inch transmission pipeline terminating in the right-of-way of CCWD's short-cut pipeline, and appurtenant facilities, that would impede, prevent or limit the future use of the NaX Plant, in order to establish terms and conditions to remedy any such impacts, if required. c. The NaX Plant is the sole property of CCWD and shall remain on the CCCSD plant site at no charge to CCWD, subject to the provisions of this Paragraph c. Should neither district demonstrate within five (5) years of the Effective Date of this General Agreement, the feasibility of operating the NaX Plant, CCWD shall prepare a plan and schedule for ultimate use or disposal of the N aX Plant. When CCWD finds an appropriate use elsewhere, removes it for sale or salvage, or it becomes a safety hazard, CCWD shall repair or remove it at CCWD's sole election and at CCWD's cost. Upon identification by CCWD of a safety hazard at the NaX Plant, or notification verbally and in writing of such hazard by CCCSD, CCWD shall immediately secure the affected portion of the facility and rectify the safety hazard within sixth (60) days, or in compliance with time frames established by State law or regulation, whichever is earliest. Should CCWD fail to rectify a safety hazard associated with the NaX Plant within sixty (60) days of written notification by CCCSD, CCCSD may take actions necessary to remove or mitigate the safety Page 7 hazard and CCWD shall reimburse CCCSD for related and necessary costs. Furthermore, should CCWD decide to operate the NaX Plant, CCWD shall bear all costs of operation and maintenance of the NaX Plant unless otherwise provided for by a project specific agreement. CCWD shall maintain the NaX Plant and shall have the right of access to the NaX Plant for operation and maintenance activities, subject to the indemnification provisions in Section 13. CCWD shall have access to limited quantities of recycled water at no cost from CCCSD for the sole purpose of maintaining the N aX Plant. Provisions for coordinating entry, terms for recycled water purchase and delivery, and other aspects of pilot testing at the NaX Plant will be specified in a letter agreement signed by the districts' general managers. CCWD shall provide CCCSD reasonable notice of CCWD's intent to use recycled water and coordinate with CCCSD operational personnel prior to diverting recycled water to the NaX Plant for the aforementioned purposes. CCWD shall discharge all recycled water used for maintaining or testing the NaX Plant to the CCCSD outfall under CCWD's NPDES Permit No. CA0028207 unless CCCSD specifies another discharge location. CCWD shall retain the right to discharge brine into CCCSD's outfall from the NaX Plant operation as stipulated in the existing CCWD NPDES Permit No. CA0028207 or such other permit(s) replacing this permit. CCWD shall report any violations of this NPDES permit to CCCSD in a timely manner. CCWD shall bear all costs of fees and charges for said NPDES permit(s), and shall be solely responsible for complying with said permit(s). 7. DEVELOPMENT OF FUTURE PROJECTS a. Recycled water projects may be developed jointly, or by either district. All recycled water projects shall initially be proposed for joint participation. The following sections describe the process by which recycled water projects shall be implemented. (1) Both districts shall continue to inform each other of planning activities regarding future recycled water projects. Joint planning efforts may be undertaken by the districts through mutual agreement. Page 8 (2) A district may propose a project by completing a planning document (business plan) and requesting the participation of the other district in the project. Each district shall respond in a timely. manner to requests for participation by the other district. (3) The business plan shall be deemed complete if the proposing district board of directors approves it and it contains the information outlined in Exhibit D, Business Plan Contents. b. Should the districts agree to pursue a joint project, a project specific agreement shall be negotiated, which includes the business plan, revised or updated as necessary. Cost and revenue sharing related to a joint project shall be negotiated based on the characteristics of the project. c. Should CCCSD propose a recycled water project and CCWD decline to participate in such a joint project, CCWD shall grant CCCSD purveyors hip authority in a timely manner under a project specific agreement pursuant to the following process: (1) CCCSD shall submit a request for purveyorship for a defined recycled water project which will include the following information: (i) A specific recycled water project description, including location, list of potential customers, and recycled water services to be provided. (ii) Copies of signed requests for recycled water service. The requests for recycled water service shall include, as a minimum, limitations of recycled water service, citations of applicable laws and regulations relating to recycled water, relative services to be provided by CCCSD and CCWD including names and phone numbers of CCCSD and CCWD contacts or service representatives, and an attachment specifying the then current process to be followed, and costs to be incurred, in the event the customer wishes to resume or initiate non-recycled water service as Page 9 provided by CCWD. Within 30 days of declining to participate in a proposed joint project, CCWD agrees to provide one copy of the aforementioned attachment, as approved by CCWD for public distribution, to CCCSD for attachment to the requests for recycled water service. For immediate use, CCWD shall provide CCCSD with such an attachment within 30 days of the Effective Date of this General Agreement. (2) CCWD shall, in: a timely manner, authorize CCCSD through a project specific agreement to provide the defined recycled water services and purvey recycled water for the specific project and CCCSD shall assume all recycled water service responsibilities and obligations for those recycled water customers. (3) Prior to implementing any changes to the potential customer list or project size or location, CCCSD shall request an amendment to the project specific agreement described in this Section., and CCWD shall not unreasonably withhold its approval. (4) CCCSD shall agree not to seek any compensation from CCWD associated with planning, design, construction, and operation and maintenance of the defined recycled water project under a project specific agreement. (5) Unless otherwise specified in a project specific agreement, CCWD shall not seek any compensation from CCCSD or the project's recycled water customers for costs related to the project. d. Should CCWD propose a recycled water project and CCCSD decline to participate in such a joint project: (1) CCWD shall submit a request for effluent to CCCSD. (2) A project specific agreement shall be developed containing necessary provisions, including the business plan, revised or updated, as Page 10 necessary, and shall agree not to seek any compensation from CCCSD associated with planning, design, construction, and operation and maintenance of the defined recycled water project without limitation, the following: (i) CCWD agrees to bear all costs of the project under a project specific agreement. (ii) CCCSD shall provide, to CCWD at no cost such effluent as may be available, meeting CCCSD's NPDES permit requirements for discharge into Suisun Bay . Availability of effluent will be subject to daily, seasonal and annual variations and trends, previous recycled water commitments, and reasonable variations due to operation and maintenance activities. Availability of effluent shall be specified in the project specific agreement. (iii) CCWD shall bear any additional cost for CCCSD to provide additional treatment above that required by CCCSD's NPDES permit, and conveyance costs from specified CCCSD facilities or other specific locations as provided for in the project specific agreement. (3) CCWD shall be responsible for producing and sending information of the type described in Section 7 c (1) to all potential recycled water customers. Copies signed by the customers shall be provided to CCCSD. 8. WATER QUALITY REPRESENTATION Notwithstanding the prior statements above regarding water quality, this General Agreement does not guarantee water quality at any given time, and a violation of CCCSD's NPDES permit is not to be construed as a breach of this General Agreement. Should a violation of CCCSD's NPDES permit occur while CCWD is purveying recycled water, CCWD shall be notified of such violation in a timely manner, in accordance with RWQCB permit requirements or Title 22. Page 11 9. RESPONSIBILITY FOR COMPLIANCE WITH LAW Each district shall be responsible for its own acts and omissions and for compliance with all applicable laws with respect to its respective undertakings under this General Agreement, including without limitation all waste discharge requirements and warnings required by the RWQCB or otherwise in connection with recycled water. Should one district learn or have reason to believe that a violation of such laws, statutes, ordinances, orders and/or regulations by itself or the other district has occurred or is threatened, that district shall promptly so inform the other district. 10. EFFECT OF AGREEMENT a. This General Agreement supersedes all prior oral or written representations, statements, promises, premises, negotiations, or agreements between the districts including without limitation the written agreements as cited in Section 6a. This General Agreement may be modified or amended only by written agreement of the two districts. b. This General Agreement is the product of negotiations between the districts with regard to which the districts have had ample opportunity to consult with their respective attorneys, and each district therefore agrees that the rule of construction that documents are construed against the drafter thereof shall have no application of this General Agreement. This General Agreement is entered into under and shall be governed by and interpreted under California law. Captions and headings in this General Agreement are solely for convenience in locating provisions, and they are not to be construed as limiting, expanding, or otherwise affecting the provisions of this General Agreement. 11. SUCCESSORS AND ASSIGNS Neither district may assign or delegate any right or obligation hereunder without first having received the written consent duly executed of the other district. This General Agreement shall bind and shall inure to the benefit of any successors or assigns of either district following such consent but shall not otherwise create duties or obligations to or rights in third parties not parties to this General Agreement, nor shall this General Page 12 Agreement affect the legal liability of either district by imposing any standard of care different from that otherwise imposed by law. 12. NOTICES All notices or communications of any kind which either district may desire or be required to give or serve upon the other district under this General Agreement, shall be in writing and either (i) delivered personally, or (ii) sent by facsimile transmission to the telephone numbers set forth below with the original deposited in the U.S. mail, postage pre-paid, fIrst class, addressed as set forth below, or (iii) sent by CertifIed Mail, return receipt requested, postage pre-paid, fIrst class, addressed as set forth below. Such notices shall be deemed effective upon personal delivery or transmission by telefacsimile; a notice sent only by CertifIed Mail shall be deemed effective upon date received as set forth in the respective receipts. Each district shall be entitled at any time to designate a different address or telephone number for receipt of communications. CONTRA COSTA WATER DISTRICT General Manager Contra Costa Water District P.O. Box H20 1331 Concord Avenue Concord, CA 94524 Facsimile: (510) 674-8197 CENTRAL CONTRA COSTA SANITARY DISTRICT General Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Facsimile: (510) 676-7211 13. INDEMNIFICA TION a. CCCSD agrees to indemnify and defend CCWD and its officers, directors and employees from any loss, cost, expense, liability, claim or demand, including reasonable attorney's fees, as to property damage and bodily and personal injury, including death, arising out of the sole negligence or willful misconduct of CCCSD or its officers, directors, employees, or agents in connection with this General Agreement or arising out of CCCSD's breach of this General Agreement. b. CCWD agrees to indemnify and defend CCCSD, its officers, directors and employees from any loss, cost, expense, liability, claim or demand, including reasonable attorney's fees, as to property damage and bodily and personal injury, including death, arising out of the sole negligence or willful misconduct of CCWD or its officers, directors, employees, or agents in connection with this General Agreement or arising out of CCWD's breach of this General Agreement. Page 13 c. If the negligence or willful misconduct of both CCCSD and CCWD or their respective officers, directors, employees, or agents is a cause of a such damage or injury, the loss, cost, expense, claim, demand or liability shall be shared between CCCSD and CCWD in proportion to their relative degree of negligence, willful misconduct, or comparative faults, and the obligation to defend shall apply for such proportion. For the purpose of this section, the term "fault" shall include breach of this General Agreement. d. Should either district proceed with a separate recycled water project under a project specific agreement, the district purveying recycled water shall indemnify the other district for any violations of regulations regarding the use or purveyance of recycled water, and all matters arising out of the use of recycled water provided under the terms of the project specific agreement. 14. INSURANCE a. All CCWD officers, directors, employees, agents, consultants, and contractors accessing or working at the NaX Plant shall comply with the CCCSD Worker's Compensation, general liability, and automobile liability insurance coverage requirements applicable to contractors in effect at the time of such work. b. All CCCSD officers, directors, employees, agents, consultants and contractors accessing or working at the N aX Plant shall comply with the CCWD Worker's Compensation, general liability and automobile liability insurance coverage requirements applicable to contracts in effect at the time of such work. c. CCWD shall maintain in full force and effect at all times during the term of this General Agreement general liability insurance or a self insured program which shall cover third party personal injury and/or property damage arising out of accessing or working at the NaX Plant. Such insurance shall name CCCSD as an additional insured. CCWD shall provide to CCCSD evidence of such insurance coverage to CCCSD's reasonable satisfaction. d. CCCSD shall maintain in full force and effect at all times during the term of this General Agreement, general liability or a self-insured program which shall cover Page 14 third party personal injury and/or property damage arising out of accessing or working at the NaX Plant. Such insurance shall name CCWD as an additional insured. CCCSD shall provide CCWD evidence of such insurance coverage to CCWD's reasonable satisfaction. 15. DISPUTE RESOLUTION a. The districts shall submit any dispute under this General Agreement to binding arbitration. The district requesting arbitration shall serve upon the other district a written demand for arbitration that shall include a description of the specific dispute involved. Thirty (30) days after such service, the district requesting arbitration may formally contact the arbitration service to begin the arbitration process. b. The dispute will be submitted to the Judicial Arbitration and Mediation Service (JAMS), unless the districts otherwise agree by executed writing. The rules and procedures of JAMS will apply, except that notwithstanding those rules and procedures, the districts agree that the arbitrator will apply California law. Additionally, Section 1283.05 of the California Code of Civil Procedure is incorporated into and made applicable to this General Agreement, and will apply to any arbitration under this section. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction over the districts pursuant to Section 1287.4 of the California Code of Civil Procedure, or as otherwise provided by law. c. The arbitration fee shall be divided equally between the districts, and each district shall bear its own attorney's fees and costs, unless the arbitrator finds that one district has acted in bad faith in connection with the dispute giving rise to the arbitration or the arbitration itself, in which case the arbitrator may order such district to pay the entire arbitration fee and/or a portion or all of the other district's attorney's fees and costs, as justice requires. 16. TERMINATION Neither district may unilaterally terminate its obligations under this General Agreement. The districts may terminate the General Agreement by mutual written agreement. The process of termination shall include a review of all then existing project specific agreements to identify any potential impacts resulting from the termination of this General Agreement. Page 15 17. SURVIVAL The provisions of this General Agreement concerning past disputes (Section 4), past costs (Section 5), and replacement of prior contract (Section 6), are continuing in nature and shall survive any termination of this General Agreement. The provisions of this General Agreement concerning right to purvey (Section l.b) are continuing in nature and survive any termination of this General Agreement, except as otherwise provided by State law. The intent of this General Agreement is that the project specific agreements shall be written to survive the termination of the General Agreement. CONTRA COSTA WATER DISTRICT CENTRAL CONTRA COSTA SANITARY DISTRICT By: By: Joseph L. Campbell President -Board of Directors Susan McNulty Rainey President -Board of Directors ATTEST; ATTEST: By: District Secretary By: District Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: By: Legal Counsel By: Legal Counsel MBAlARJ - rlr -23 Page 16 Exhibit A ~ N , . . I ". ~" . ". , I . ~~~:,:~../. I "'J:~/ . 1 cccso EASEMENT ~l, ~ ". ". J '/ . I I ". "',\.~ . ". to. I". ./ 'I' . A ../ CCWD 20' RECYCLED WATER P\PEUNE TO TOsca REANERY _ _ @~ EXHIBIT q LEGEND: - - - CCCSD PROPERTY BOUNDARY CCCSO RECYCtEO WATER FAClunES - - - - CCCSO I:ASEMENT - - - - EASEMENTS OTHER 11-w.I CCCSO CCWD 30" RECYClED WATER PlPEUNE CCWD EASEM~- 7. · CON[) 30' PlPEUNE '""" TO/FROM RECYClED - - - - - - - - - WATER STORAGE TANKS (SEE EXHIBIT C) .;f NOT TO SCALE NOTE: EXISTING CCCSO RECYCtEO WATER OISTRIBUTlON SYSTEM SERVING LOCALIZED CUSTOMERS NOT SHOWN. ". ". ./ ( - . - . - . --- ......... . r . ( " \ ~ CCCSO . PROPERlY BOUNDARY \ \ L I . I ...... ...... CCWD NAX PlANT ...... (SEE EXHIBIT B) ...... ., / CCCSO /' TRUCK All STATION / / , ...... ...... CCCSD FILTER PlANT FOREBAY PUMPS General Agreement for Recycled Water Between .. Central Contra Costa Sanitary District and Contra Costa Water Dlstnct CCCSD Recycled Water Facilities Location Map Exhibit B To Susuin Bay . LEGEND , j.' :~/'" Atchison TOpeaka~~:' & Santa Fe RR '" pt 3 .- " .." , ' .Jf"'" ., t f .." " , , , , , ' , , , ' , , , , , , ~ ~ To CCWD Rec:ycled Water : (' Facility (see Exhibit e) -.' : , ' ( , , , , " "'... ~. , '''C'I} " ....... <9-?:o , ...... ~CS'I : " 4~. , ' '""- , ..... ~~ , ' ~1Sl " "", ,010 , " 19~;, : ... -. , , , , /" CCCSD Property Line 1111 1111 CCCSD Existing Reyded Water Facilities Atchison Topeaka & Santa Fe RR CCWD NaX Plant eeCSD Property Line /'" Termini of CCWD NaX Plant Pt. 1 . Connection to CCesD 6O-inch Filter Effluent,pjpeline Pt. 2 - Connection to CCCSD elearwell Pump Station Pt. 3 - Connection to eeesD 72-inch Outfall Pipeline Pt. 4 - Connection to eeesD 42-inch Industrial Recycled Water Pipeline Note: CCWD O&M responsibilities of the NaX Plant extend to and include the four conneclions (P1, P2, P3. and P4) to the CCCSD existing recycled water facilities. Cll ,S 1. it i o ~ {] () P rit " ~ N I ~ 'Q "a \S'a ~. ~ ~.t ~.I't "oi>/ '2 ~C''' ~. ~~ "CI< ~41 ~~~ ""..0. ~ -blSl,t. Ill"" ..0. ~Ill CCCSD Clearwell Pump Station ~ " ~';1Sl '- - - ~ ~ : :' eeCSD Backwash .. - -CCCSD 3O-lnch Backwash PIpeline to Filter Plant. _ _ _ _ _ _ _ _ '::' _ Pumps pt 2 000 Not to Scale , , . . , , . , , , . , , Influent Meter Effluent Meter Influent Punps ~" , , , , CCCSD . . Effluent~ Pumps ~ 3O-inch Influent Pipeline ,------------------------------------------ , . . . eeeSD eLEARWELl . 1 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 50-inch eeCSD Fliter Plant Effluent Pipeline to Clearwell General Agreement for Recycled Water Between Central Contra Costa Sanitary District and Contra Costa Water District CCWD NaX Plant on CCCSD's Treatment Plant Site -Location Map G~e+- ~,# ,'" ~'a' ..' ../ ~ ~ ,\ ~ i \ (,. 'iO o .. III ;:;. (,) 8:. ~ CD ~ "0 III ~ a: '" .s ;;; ;n .ft> o ~ o (,) 8:. ~ ~ "0 III ~ a: "iij "C ;;; ::I "0 .s ofl> o en o o o I I I I - .!!! B en ,g ~ .... ~ i~ js 4) en m8 .... ~e as- ~:5 '00 4)'0 oa ~- 4)0 a::5 ....en 0- _0 c~ 4) as E~ 4)c ~~ ~s _en ~8 cm 4).... (!)C o o a; .... C Q) o - o "C - en is 0- G) &U 'D:!: -c .so =- 010 u ~.9 Ecb u- &U- u.0 ...- Q) C _&U ca- :=~ 'Dc Q) Q) -E u_ ~&U Q) ! a: I- 0_0 :=0 00 00 o o I co iii :> co .s m :E ~- /~ .~'~ C\ioCD- ...,. ~:S~ ,. tl'" Gl -'" Gl 8.:iS....Jt" > Oa:-:E ~ftj (f)"iijD..)( > O-.::~w . .,""0 en is CD ~ ,.,." 0-6~ ~ 0--" .s ~ >- a: w z u:: w a: ...J ...J W :I: en Exhibit D General Agreement for Recycled Water Between Central Contra Costa Sanitary District and Contra Costa Water District Business Plan Contents The business plan referenced in Section 7.a (3) shall contain, as minimum, the following information: 1. Project Characteristics · Project Description · Basis for Project Implementation Schedule · Potential Customers · Technical Requirements (e.g., pressure, flow, head loss, velocity, pumping stations and storage reservoir design assumptions including redundancy requirements) · Regulatory Requirements · Water Quality Standards · Customer Service Regulations · Initial Environmental Assessment · Existing Water Service Capacity Replaced by Recycled Water Service (e.g., average and maximum day, peak hour, etc.) 2. Recycled Water Service Reliability · Assessment of Reliability · Mitigation Measures as Needed 3. Emergency Back-Up Supply from CCWD · Definition of Requirements 4. Economic and Financial Assessment · Planning Level Cost Estimates (e.g., capital, O&M, life cycle, total cost per acre-foot on annualized and present worth cost basis) . · Economic Justification (e.g., beneficiaries and monetary benefits) · Existing Water Service Revenues Replaced Based on Current Rates and Consumption · Financing Assumptions · Customer Water Rates Assumptions Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF August 18, 1994 NO. 6. ENGINEERING b. SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AGREEMENTS WITH G.S. DODSON AND ASSOCIATES, INC. FOR CIVIL AND MECHANICAL DESIGN ASSISTANCE AND WITH MONTGOMERY WATSON FOR ELECTRICAL AND INSTRUMENTATION DESIGN ASSISTANCE ON THE OUTFALL IMPROVEMENTS PROJECT, DP 7134 SUBMITTED ~y I\ent Von Aspern Senior Engineering Assistant DATE August 12, 1 994 TYPE OF ACTION AUTHORIZE AGREEMENTS INITIATIf;.U3 DEPT./DIV. D I t:nglneenng epartment Plant Engineering Division ISSUE: Authorization by the Board of Directors is required for the General Manager-Chief Engineer to execute professional service agreements in amounts greater than $50,000. BACKGROUND: Final effluent from the District's wastewater treatment plant is discharged to Suisun Bay through an outfall pipeline that was constructed in 1958. Up to about 60 mgd can be discharged through the outfall without pumping, but during wet weather, flows up to the current peak capacity of 90 mgd must be pumped. The existing effluent pumping system, constructed as a part of the original secondary plant in the late 1970's, consists of two 75-mgd primary effluent pumps and two 75-mgd standby pumps that can serve as either final effluent pumps or additional primary effluent pumps. Due to the pumping capacity, all four are required to pump 90 mgd. Improvements included in the Outfall Improvements Project are as follows: . installation of a new final effluent pump, a variable-frequency drive (VFD), a motor, and instrumentation controls . installation of a new primary effluent pump, VFD, a motor, and instrumentation controls . construction of a new standpipe to relieve potentially damaging surge pressures in the outfall pipeline The new pumps, which will be more energy efficient (and, therefore, have lower operating costs), will become the regular use pumps. The existing pumps will be retained for use during very high flows and as backup to the new pumps. It is proposed that the design of the outfall improvements be a combined effort of District staff, GSDA, and Montgomery Watson. The design of large pumps, motors, and VFDs requires specialized experience and expertise. GSDA can provide the required civil and mechanical design expertise, and Montgomery Watson can supply the specialized electrical and instrumentation REVIEWED AND RECOMMENDED FOR BOARD ACT/ON 1302A-7/91 KVA WEB RAB INITIATI.NG DEPT.iDIV. K0t ~ MJ SU~1)THORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AGREEMENTS WITH G.S. DODSON AND ASSOCIATES, INC. FOR CIVIL AND MECHANICAL DESIGN ASSISTANCE AND WITH MONTGOMERY WATSON FOR ELECTRICAL AND INSTRUMENTATION DESIGN ASSISTANCE ON THE OUTFALL IMPROVEMENTS PROJECT, DP 7134 PAGE DATE 2 OF 2 August 12, 1994 skills. District staff will design the surge control facilities; manage the project, coordinate the efforts of all design team members; and prepare all construction cost estimates, constructibility analyses, and construction schedules. GSDA prepared the facilities plan for this project, has performed well on previous District projects, is familiar with the District's treatment plant, and has substantial experience designing similar facilities. A professional services agreement in the amount of $124,000 has been negotiated with GSDA. Proposals were solicited from both Montgomery Watson and Norberg Engineering for the electrical and instrumentation portion of the work. The proposals submitted by both firms were essentially equal in price, showed good understanding of the project, and met the District's other requirements. Due to Montgomery Watson's prior performance, the commitment of the same individuals who did the electrical and instrumentation work on the Headworks Facilities Improvement Project, and familiarity with plant facilities and District requirements, Montgomery Watson was selected for this project. A professional services agreement in the amount of $115,500 has been negotiated with Montgomery Watson. The Outfall Improvements Project is included in the FY 1994-95 Capital Improvement Budget (CIS) on pages TP-21 to TP-23. The estimated total project cost is $3,294,000. The design phase is scheduled to last through June 1995. Construction is anticipated to, begin in August 1995 and would last approximately one year. RECOMMENDATIONS: 1. Authorize the General Manager-Chief Engineer to execute a professional services agreement with a cost ceiling of $124,000 with G.S. Dodson and Associates, Inc. for civil and mechanical design assistance on the Outfall Improvements Project, DP 7134. 2. Authorize the General Manager-Chief Engineer to execute a professional services agreement with a cost ceiling of $115,500 with Montgomery Watson for electrical and instrumentation design assistance on the Outfall Improvements Project, DP 7134. 13028-7/91 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 3 BOARD MEETING OF POSITION PAPER Au ust 18, 1994 SUBJECT APPROVE THE ENGAGEMENT OF STONE AND YOUNGBERG TO SERVE AS FINANCIAL ADVISOR FOR THE 1994-95 CAPITAL IMPROVEMENTS FINANCING PROGRAM AND AUTHORIZE THE GENERAL MANAGER- CHIEF ENGINEER TO EXECUTE AN AGREEMENT FOR THE FINANCIAL ADVISOR'S SERVICES NO. 9. BUDGET AND FINANCE a. DATE TYPE OF ACTION APPROVE FINANCIAL ADVISOR; AUTHORIZE AGREEMENT SUBMITTED BY INITIATING DEPT./DIV. Debbie Ratcliff, Controller Finance! Administrative ISSUE: The Board's Budget and Finance Committee has interviewed prospective financial advisors for the District's 1994-95 Capital Improvements Financing Program. It is appropriate for the full Board to approve the engagement of a financial advisor and authorize the General Manager-Chief Engineer to execute an agreement for the financial advisor's services.. BACKGROUND: The District has maintained a "pay-as-you-go" approach to financing the Capital Improvement Program for many years. However, each update of the Capital Improvement Plan since 1991 has identified the need for debt financing of a portion of the current program. The need for debt financing arises from the necessity for the District to pursue several large projects, primarily to address wet-weather flow, early in the 10-year planning period. Several years of capital expenditures in excess of capital revenues are needed to complete these projects, and reserves are not adequate to fully fund the deficit. Since the District has not participated in the public financing market for many years, it has been proposed that a financial advisor be engaged to provide expertise to the staff and Board of Directors during the debt issuance process. The financial advisor will provide the following services: . Evaluation of financing and debt structuring alternatives. . Preparation of a financing plan based on the 1994 Capital Improvement Plan. . Coordination of preparation and production of the Official Statement, Official Notice of Sale, and Bid Form. . Coordination of presentations to rating and bond insurance agencies. . Assist in controlling issuance costs. A formal selection process including a request for written proposals, staff screening of proposals received, and interview of finalists by the Board's Budget and Finance Committee (on August 15, 1994) was conducted. The committee recommends that the firm of Stone and Youngberg be engaged as financial advisor for the 1994-95 Capital Improvements Financing Program based on the experience and expertise of the firm and the team proposed, their commitment to the project scope and schedule, excellent references, and reasonable cost. A summary of the proposal is presented in Attachment 1. The cost for the financial advisor's service would not exceed $45,000. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-7/91 SUBJECT YOUNGBERG TO SERVE AS FINANCIAL ADVISOR FOR THE 1 994-95 CAPITAL IMPROVEMENTS FINANCING PROGRAM AND AUTHORIZE THE GENERAL MANAGER- CHIEF ENGINEER TO EXECUTE AN AGREEMENT FOR THE FINANCIAL ADVISOR'S SERVICES POSITION PAiPER PAGE DATE 2 OF 3 August 16, 1994 RECOMMENDATION: Approve the engagement of Stone and Youngberg to serve as financial advisor for the 1994-95 Capital Improvements Financing Program and authorize the General Manager-Chief Engineer to execute an agreement for the financial advisor's services at a cost not to exceed $45,000. 13028-7/91 ---_.,-~._---_._----^-_.,..,-----"._..._.,._~--_._~.,-~--"....,--....--.... --,-_.~-..-.._---_..._...._...-..,.,.,-----,._...-.._--.__._-_.~-,._... -,---~--_._._---- Page 3 OF 3 ATTACHMENT 1 FINANCIAL ADVISOR PROFILE SHEET Stone and Youngberg Team: Tom Lockard, Partner 10 years public finance experience Master's degree in finance and public management Univ. of Pennsylvania, Wharton School of Management, 1984 Master's degree in public policy Claremont Graduate School, 1980 Bachelor of Arts Stanford University Sohail Bengali, Partner Master's degree in finance and public management Univ. of Pennsylvania, Wharton School of Management, 1 984 Master's degree in civil engineering MIT, 1982 Bachelor of Arts in economics Swarthmore College, 1979 Firm Experience: Financial Advisor/Underwriter Years in Business: Since 1931 No. of Issues: 398 (1989 through 1993) Location: San Francisco No. of Employees: Professional Retail & Institutional Sales: Investment Banking/Underwriting: Support Total 26 20 1Q 56 References: Mr. Wayne Jaton, Union Sanitary District Mr. Phillip Forbes, Ranco California Water District Mr. Gary Ingraham, City of Stockton Cost: $45,000 -_._,..,--_._-_.._--_.._---_._--_.~-"'_.__.-_._..'~.^-----,._..._._---,.__._._-~-,'-._.,."'-_._._..- _._-...__..,._------_..~_._--_._..._-_.,..,._.._.__..-.-....... ----,.,----_._,_._".~---,.._--->