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Home My WebLink AboutAGENDA BACKUP 10-06-94 ~ Centra. ~ontra Costa Sanitary .Jistrict ~a~"1k BOARD OF DIRECTORS PAGE 1 OF2 POSITION PAPER BOARD MEET(jJ8t?{ber 6, 1994 NO. 3. CONSENT CALENDAR a. DATE September 27, 1994 SUBJECT ACCEPT GRANTS OF EASEMENTS FROM CONTRA COSTA COUNTY AT A COST OF $45,000; DP 4985; PARCEL 005; PACHECO AREA TYPE OF ACTION ACCEPT GRANTS OF EASEMENTS SUBMITTED BY Michael Penny, Assistant Engineer INITIATING DEPT./DIV. Engineering Dept./lnfrastructure Div. ISSUE: Ten easements are required for a portion of the 102-inch and 66-inch Interceptor sewers and 24-inch reclaimed water line which was constructed in conjunction with the Pleasant Hill Relief Interceptor Project. BACKGROUND: At the October 7, 1993, CCCSD Board meeting, the District Board of Directors accepted a Temporary Right to Enter and Use County of Contra Costa Property that allowed the District to construct the interceptor sewer and reclaimed water line while District and County staffs continued to negotiate the permanent easement rights and terms of compensation. Associated Right of Way Services has prepared a formal appraisal for the District. A protracted series of negotiations with the County have concluded and a proposed agreement has been reached. A negotiated figure of $45,000 has been reached for the value of the easements. This figure is between the District appraisal ($22,386) and the County appraisal ($61,000). Staff recommends the negotiated value as a fair and reasonable compromise. The easements are located on the northwest side of the Buchanan Fields Golf Course at 3330 Concord Avenue, Concord. (See Attachment A.) The exclusive subsurface easements (Parcels 005-1, 005-2, and 005-3) will establish permanent rights to construct, install, alter, operate, inspect, maintain, repair, and replace in the original or any other size such sewer lines and such reclaimed water lines and appurtenances thereto in such sizes and configurations as the District deems necessary. RECOMMENDATIONS: Accept Grants of Easements from Contra Costa County at a cost of $45,000, DP 4985, Parcel 005, and authorize the Grant of Permanent Easement to be recorded. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 MJP TJP fl/'l JSM fJt&P RAB c " u '0 " o <- <- ~ " <- <- ~ " if) ;>, if) o !:2 ~ L if) :J ) / o 170 FEET c=J PERMANENT EASEMENTS TEMPORARY EASEMENTS 102" SANITARY SEWER o CO J ).. 1 :c C> ~ ~ ;5 ::! ~ z - 30' PERMANENT EASEMENT PARCEL 005-02 BUCHANAN FlEWS GOLF COURSE 30' PERMANENT EASEMENT PARCEL 005-01 <: ~"one ~ - -~Olle Rd "'-.., ,~. r'~'~ MAP Central Contra Costa Sanitary District W <C, ~ '" I ~ '.n I <- '-.1 GRANT OF EASEMENT Job No. 20131 (4985) Pacheco Area ATTACHMENT A Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF October 6, 1994 NO. 3. CONSENT CALENDAR b. DATESeptember 26, 1994 SUBJECT QUITCLAIM SEWER EASEMENTS TO STATE OF CALIFORNIA IN THE WALNUT CREEK AREA; DISTRICT JOB 1552, PARCELS 23 AND 24 TYPE OF ACTION APPROVE QUITCLAIM OF SEWER EASEMENT SUBMITTED BY INITIATING DEPT.lDIV. Dennis Hall, Associate Engineer t./lnfrastructure Div. Issue: The State of California has requested that the District quitclaim the subject easements. Backaround: The easements were granted to the District at no cost in 1948. The sewer pipeline within the subject easements were abandoned as part of the Highway 24/680 interchange improvement project. The District has constructed new sewer pipelines in other locations as part of CCCSD Job No. 4654 to continue service to the properties in the affected area. This new sewer construction was paid for by the State of California. The subject easements are within a parcel of land designated "excess land" by the State of California. The State is selling this land and wants to clear the subject easements from the "chain of title". The subject easements are no longer needed and may now be quit claimed. Recommendation: Approve Quitclaim Deed to State of California, Job 1552, Parcels 23 and 24, 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. IJ( RE~EWEDANDRECOMMENDEDFORBOARDAcnON INITIATING DEPT./DIV. 1302A-7/91 DH rJ~ JSM - 1-, R. ~-,;4 '.... ~ r~ ... ~..,~.... , .':j;~i' ~~QP, ~ " '-'.... ............- ;................. ' '\ ....... if, t "", '1/ J\f "........ , l- ~ ....., , ~ ' .............. J? ft " ....... U- ~ .... , '4" , , , ~..... ......... '-~ ' ....... ....... ....... .... ....... ...... , 6.. ' , 8.0.....' ....... ..... , .... ....... , ..... , ....... ..... ......... --- , , , ..... ..... ...... ....... ..... ..... ..... ....... ..... ..... ..... ....., ..... , ..... ..... , ....... , , , ....... ..... ..... ...... ........... J ~ - 'j L E L A z 0 \ co \ . \ \- \ \ O. '\ " "- " " , BONITA LN "- >-' " "- t- "- "- A u LLJ " 'M .~ N 0 R ...J " " " - 0 , z ~ LL ..... :Z ...J a: w ~ ...J (J z . ...J I QUITCLAIM EASEMENTS JOB 1552 PARCELS 23 & 24 WALNUT CREEK AREA Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF October 6, 1994 NO. 3. CONSENT CALENDAR c. DATESeptember 26, 1994 SUBJECT AUTHORIZATION FOR P.A. 94-10 (DIABLO) 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 Parcel No. 94-1 0 Area Diablo (81 C6) Owner/Address Parcel No. & Acreage Black Oak Estates 111 Deerwood PI. #200 San Ramon, CA 94583 203-140-001 (31.6Ac.) Remarks Lead Agency C.C. County The subject parcel and an adjoining (previously annexed) parcel totaling 46.9 acres are proposed to be a 36 lot subdivision (SUB.7462). E.I.R. by Contra Costa County Recommendation: Authorize P.A. 94-10 to be included in a future formal annexation. RE~EWEDANDRECOMMENDEDFORBOARDAcnON 1302A-7/91 DH JSM RAB INITIATING DEPT.lDIV. d II>> 1 ~-~.._. -. .... .....-.. ....c . ...........: .. !{"':::::~:::::-:::.::~:::::., s u 4 e ";" ,...........:.: " , ~ PROPOSED ANNEXATION P.A. 94-10 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF October 6, 1994 NO. 3. CONSENT CALENDAR d. DATSeptember 26, 1994 SUBJECT APPROVE AGREEMENT RELATING TO REAL PROPERTY WITH STEPHEN H. SCHADLlCH AND JULIE C. SCHADLlCH JOB 1585, ORINDA AREA TYPE OF ACTION APPROVE REAL PROPERTY AGREEMENT SUBMITTED BY INITIATING DEPT.lDIV. Dennis Hall, Associate En ineer t./lnfrastructure Div. Issue: The property owners have requested the District's approval to allow the encroachment of a cinder block retaining wall, exposed aggregate swimming pool patio and decorative masonry stairway over a District's easement. Backaround: The above referenced improvements were installed several years prior to the Schadlich's purchase of the property. The Schadlichs recently were required to obtain District plan approval for an addition to their home. Staff reviewed their plans and noted that the stated improvements encroached into the District's easement which was created in 1957. Staff explained the District's position regarding encroachments within public sewer easements and required that the Schadlichs execute a real property agreement. Staff has determined that the improvements will not interfere with the present use of our sewer. However, if the need should arise, the agreement requires the property owner to move wall, deck, and stairway at his/her expense within 30 days of notice to do so. Staff has concluded that this project (the proposed agreement) is exempt from the California Environmental Ouality Act (CEOA) under District CEOA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. The Board's approval of this agreement will constitute a determination that the project is exempt from CEOA. Recommendation: Approve the Agreement relating to Real Property with Stephen H. Schadlich, et ux, Job 1585, and authorize the President of the Board of Directors and the Secretary of the District to execute said agreement, and authorize the agreement to be recorded. INITIATING DEPT.lDIV. if ~ fJ~1A JSM COMMENDED FOR BOARD AcnON 1302A-7/91 DH RAB II : ~. ! !!l ! --~ EXPOSED i AGGRREGATE CONC. PATIO MASONRY STAIRWAY '1 \ I \ \ \ \ 1 , 1 , I \ I \ \ I \ , \ , " \ I I I \ I I Ii I ,. I Ii I I. 18 li I I' I II I " , d I ,: I 11 , " 10' SEWER:, \! EASEMENT ~l (JOB 1585) ~ i \ 1 I I \ ~ ~ I' I \ ,\1 \ :' I \ I' \ :' ! RETAINING WALL ',") : , , \ I \ I, i ,-. ~k\~ I. "f', I Hi" '1--3-- " r,tsl\. 1 \ !'!'" i I I' ,ill 'I- I " . - - 'or- " L 1, I - , .+-.~.I " -"'''- ,,: --"'.... 'i- :s ~.... , - -, , ' I ~ --orJ__ ) --- , , ~ , :H' ,--- ..... - ...J , , REAL PROPERTY AGREEMENT ... , is #20 VISTA DEL MAR ORINDA JOB 1585 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF October 6, 1994 NO. 3. CONSENT CALENDAR e. SUBJECT DATE September 16, 1994 ACCEPT CONTRACT WORK FOR THE PREAERA TION ODOR CONTROL PROJECT, DISTRICT PROJECT 20108, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION TYPE OF ACTION ACCEPT CONTRACT WORK SUBMITTED BY INITIATING DEPT./DIV. Munawar Husain Associate En ine r. Engineering Departmentl ISSUES: Construction has been completed on the Preaeration Odor Control Project, District Project No. 20108, and the work is now ready for acceptance. BACKGROUND: Work completed under this project provides odor control in the primary area for the preaeration tanks, distribution channels, effluent channels, and the chemical feed building. A new Calvert scrubber unit has been added along with associated tanks, equipment, fiberglass ducts, and piping. The tanks and channels have been provided with removable flat aluminum covers that contain the foul air beneath the covers. The foul air is conveyed in fiberglass ducts to the scrubber unit where the odors are removed prior to their release to the atmosphere. Details of the project are also included on pages TP-112 through TP-114 of the 1993-1994 Capital Improvement Budget (CIB). See Attachment 1 for the location of the work completed under this project. The construction contract was awarded to Monterey Mechanical Company of Oakland, California, on July 15, 1993, by the District Board of Directors. The contractor was issued a Notice to Proceed on August 18, 1993. The contract completion date was August 31, 1994. The contract work was completed on time, with the District taking beneficial occupancy of the new facilities on August 26, 1994. It is appropriate to accept the contract work at this time. The total authorized budget for this project was $1,343,000. A detailed accounting of project costs will be provided to the Board at the time of project close out. RECOMMENDATION: Accept the contract work for the Preaeration Odor Control Project, District Project No. 20108, and authorize the filing of the Notice of Completion. RE~EWEDANDRECOMMENDEDFORBOARDAcnON 1302A-7/91 MH RSK WEB RAB INITIATI,NG DEPT.lDIV. JJJ '~ Uh) ()lfi1 - - . EZI--- Central Contra Costa Sanitary District Pre-Aeration Odor Control Project District Project 20108 Attachment 1 Central Contra Costa Sanitary District BOARD OF DIRECTORS BOARD MEETING OF October 6, 1994 SUBJECT REJECT PROTEST OF AMERICAN CONSTRUCTION & SUPPLY, INC. I AUTHORIZE AWARD OF CONTRACT TO BALLARD CONSTRUCTION, INC. FOR CATHODIC PROTECTION IMPROVEMENT PROJECT, DISTRICT PROJECT NO. 6103 I AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $120,000 FROM TREATMENT PLANT CONTINGENCY ACCOUNT SUBMITTED BY Paul A. Sciuto Assistant Engineer PAGE 1 OF 5 NO. 5. BIDS AND AWARDS a. DATE Se tember 30, 1994 TYPE OF ACTION REJECT PROTESTI AUTHORIZE AWARD OF CONTRACT IAUTHORIZE ALLOCATION INITIATING DEPT./DIV. Plant Operations Departmentl Maintenance Engineering ISSUE: The District has received bids for District Project No. 6103, the Cathodic Protection Improvement Project. The Board of Directors must award the construction contract or reject all bids within 60 days of the opening of bids. Board Authorization is required for program contingency account allocations that exceed $25,000 for any particular project. BACKGROUND: Portions of the District's cathodic protection system are approaching the end of their useful lives. This project is the first of a continuing series, which will replace cathodic protection systems that have been identified as deficient. This project involves the replacement or installation of new cathodic protection systems at the following sites: Bates Avenue Pumping Station, Buchanan Pumping Stations Nos. 1 and 2, Concord Industrial Pumping Station, Sleepy Hollow Pumping Station, the M-4 force main, and the treatment plant. This project needs to proceed before the 1995-96 budget year due to the potential infrastructure damage that could result from corrosion. If not addressed now, damage could result in increased repair costs in the future and potential sewage leaks from force mains or pumping stations. The project was advertised on August 25 and 30, 1994. Three bids were received and publicly opened on September 9, 1994. These bids are listed on Attachment 1, Tabulation of Bids. The lowest responsible bidder is Ballard Construction Inc., with a low bid of $98,000 for furnishing and installing all materials and equipment necessary to construct the Cathodic Protection Improvement Project. The original engineer's estimate for the work was $104,000. The second low bidder, American Construction & Supply, Inc., submitted a formal letter of protest dated September 17, 1994. The basis for the protest is that a mandatory pre-bid field tour was required and Ballard Construction did not attend the August 31 field tour. Staff has examined the allegations made and believes that there is no merit to the protest. Although Ballard, the low bidder, did not attend the August 31 field tour, it did attend an identical walk-through. Ballard received its bid package after the August 31 field tour. Ballard called the District to arrange a separate field tour. Staff provided Ballard with a pre-bid field tour, which was identical to the one given on August 31. The other bidders were not prejudiced in any manner by Ballard receiving a separate, but identical, pre-bid field tour. This separate field tour met the intent of the specifications, and any deviation from the specifications was an inconsequential variance. SUBJECT REJECT PROTEST OF AMERICAN CONSTRUCTION & SUPPL V, INC. I AUTHORIZE AWARD OF CONTRACT TO BALLARD CONSTRUCTION, INC. FOR CATHODIC PROTECTION IMPROVEMENT PROJECT, DISTRICT PROJECT NO. 6103 I AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $120,000 FROM TREATMENT PLANT ..-ni\J I . v Arr-"UNT 1:~.III.IIf=llii:':'lllill...I' PAGE DATE 2 Of5 September 30, 1994 The project is not included in the Capital Improvement Budget. The General Manager-Chief Engineer made an initial allocation of $25,000 from the Treatment Plant Contingency Account to cover planning and design costs. An additional allocation of $120,000 is needed to complete this project. The current balance of the sewer construction fund, minus unspent project allocations, plus projected dependable revenue, will be adequate to fund this project. A funding summary is presented in Attachment 3. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines Section 18.2, since it involves a minor alteration to an existing facility with little or no increase in capacity. The Board of Directors' approval of this project will constitute a finding that the project is exempt from CEQA. RECOMMENDATION: Reject the protest of American Construction & Supply, Inc. Authorize Award of Contract to Ballard Construction Inc., the lowest responsible bidder, for $98,000 for the Cathodic Protection Improvement Project, District Project No. 6103. Authorize the General Manager-Chief Engineer to allocate $120,000 from the Treatment Plant Contingency Account for the project. 13028-7/91 ATTACHMENT 1 Page 3 of 5 l.ir J; : ~ . : r-l ~ . ~ r-l t ~ .~ . m L ~ ~ ~ q 0 LO 0 . . ~ N 0 . ~ 0 ( ...... LO .~ ~ 0 .. t ] ~ ~ ~ 0 N g : lO ~ IJ:J .~ [/~ r-l 1 ~ ~ "t e:( . ~ .g N ~ 9 .:- ;;2 z: ~ Z L rr r-l t ~ ~ 0 : 0 ~ . 4J ::> ~ LO U L ~ . N ., 0'1 Q) ..-4 o:::t ....., ~ ~ ~ .. 0 ~ ~ lO ~ ~ :::; ~ ~ ~ N 0.. .r ~ cO ~ . r-l r- ~ ',/"'0 tA- 4J :.:. .~ ~ ~ ~ C g = 0 N Q) .c :is: ~ .:- .-t E Q) 8 0 > ~ . 0 0 ~ 0 . ~ 2 0 c... . co 0 E C 0'1 0 ...... "'0 :~ .. ~ ~ ~ 0 co c (V) ~ 0 ~ 0'1 0 ,..... I~ (V) cO t : 0 ...... ....- "'0 0'1 "'0 4 . ~ 4J ~ 0 g ~ co ~ u 0 g 0 0'1 Q) 3: 0 ~ ~ 4J 4J 0 cO .... ~ . 0... 0.. III C 5 . i 1: 0 ~ 83 u . ...... ...... i 4J ~ Q "'0 :. u 4/. 0 ~ ~ z: 2i Q) . ~ ~ ~ ~ m i 5 . ~ 4J III ~ 4J ~ ... ! . cO 0 Q) E cO ~ aI .c E ,~ 4J 0 ~ ~ s! 5!! ~ a: ~ U I!! 0. ...... U III ~ ~ ~ u 0 ...... 4J 4J "'0 .0 "'0 c "'0 cO 1 0 Q) III ..... ,..... ~ ~ C .0 4J Q) 0 . ,..... cO 'f- ...... en Q) . ,..... U 'f- ~ ,..... cO .... ...... e .0 ~ = ,..... "'0 Q) en ...... - ~ ~ ,..... u ('-. III 0 III cO 4J X III Ii. c 4J ...... 4J ~ Q) f 0 g ::3 C ~ III O'l ...... ~ c ...... ~ Q) :z III u ~ rt ...... Q) 4J ~ 0 Q) (/') w- e:( ~ ~ ,..... 4J ~~ ~ ..... III 4J \ ::::) I Q) ~i 0 m 3 -...l ~ 0 . -...l ~ r-l 0 z: fil- I ~ i ~ . .-4 ... a: a: IE ITEM 1. 2. ATTACHMENT 2 CATHODIC PROTECTION IMPROVEMENT PROJECT DISTRICT PROJECT NO. 6103 POST BID PRECONSTRUCTION ESTIMATE DESCRIPTION CONSTRUCTION CONTRACT CONTINGENCY AT 20 PERCENT SUBTOTAL: TOTAL $ 98,000 19,600 $117,600 Page 4 of 5 PERCENT OF CONSTRUCTION COSTS 100.0 3. CONSTRUCTION MANAGEMENT 6,000 ADMINISTRA TION/INSPECTION 4. CONSULTANT INSPECTION AND REVIEW 4,000 5. ENGINEERING/AS-BUILT DRAWINGS 500 6. PLANT OPERATIONS DEPARTMENT 5,000 SUBTOTAL: $ 15,500 13.2 7. 8. 9. 10. PRE-BID EXPENDITURES TOTAL PROJECT COST FUNDS AUTHORIZED TO DATE TOTAL PROJECT COSTS REQUIRED TO COMPLETE THIS PROJECT: 11,900 145,000 $ 25,000 $120,000 10.1 123.3 ATTACHMENT 3 TREATMENT PLANT CONTINGENCY FUND ACCOUNT STATUS FOR THE PERIOD 09/14/94 THROUGH 10/14/94 TREATMENT PLANT CONTINGENCY FUND BALANCE AS OF 09/15/94 MINUS CURRENT ALLOCATION REQUEST REMAINING BALANCE $ 855,000 120.000 735,000 Page 5 of 5 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF2 BOARD MEETING OF October 6, 1994 NO. 6. ADMINISTRATIVE a. DATE September 30, 1994 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ENTER INTO AN ADDENDUM TO AGREEMENT WITH LAMB & LAMB FOR $47,000 FOR THE CONTINUATION OF THE DISTRICT'S WORK REDESIGN PROGRAM TYPE OF ACTION AUTHORIZE ADDENDUM TO AGREEMENT SUBMITTED BY John C. Pearl INITIATING DEPT./DIV. Plant Operations/Maintenance ISSUE: The approval of the Board of Directors is required for professional consultant agreements and addenda above $25,000 that are funded from the Operations and Maintenance Budget. BACKGROUND: Central Contra Costa Sanitary District began a "Work Redesign" program in response to changing business needs resulting from external forces that will have an adverse effect on it. In particular, a substantial portion of its property tax revenue stream ($3.5 million annually to date) has been lost with the remainder also in jeopardy. Work Redesign has focused on finding ways to refine and improve our efficiencies by streamlining our work processes while empowering our employees. This program includes changing our culture so that employees may make the contributions necessary to enable the District to meet these new challenges. The Board is familiar with some of the successes to date, notably the Dewatering Process Redesign Team improvements and the work being done at the Collection System Operations Department (CSOD), which was described at the last meeting. Other success stories include the management of the 1994 phase of the Aeration Improvements Project and the training session that made 11 of the District's employees into qualified facilitators to be used within the various teams that will be working on process improvement and problem solving. Activities slated for the fourth quarter of 1994 include two additional strategic initiatives with the associated process redesign teams facilitated by the Lambs, continued work on cultural change at all levels in the organization, completion of a present strategic initiative on safety, and continuing support of the newly trained facilitators. The use of the District's in-house facilitator is the key to reducing the long-term use of outside services consultants while continuing the Work Redesign process. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-7/91 AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ENTER INTO AN ADDENDUM TO AGREEMENT WITH LAMB & LAMB FOR $47,000 FOR THE CONTINUATION OF THE DISTRICT'S WORK REDESIGN PROGRAM SUBJECT PAGE DATE 2 OF 2 September 30, 1994 It is anticipated that approximately 300 hours of the consultants' time will be required to accomplish these activities at an estimated cost of $47,000. We are proposing an addendum to the agreement that will cover these planned activities. At their conclusion, we will evaluate the future direction of the District's Work Redesign Project. RECOMMENDATION: Authorize the General Manager-Chief Engineer to enter into an addendum to the agreement with lamb & Lamb in the amount of $47,000 for the continuation of support for the District's Work Redesign Program. 1302B-7/91 PAGE 1 OF 25 NO. 7. ENGINEERING a. DATE AUTHORIZE BOARD PRESIDENT SUSAN MCNUL TV RAINEY TO EXECUTE THE GENERAL AGREEMENT WITH THE CONTRA COSTA WATER DISTRICT FOR RECYCLED WATER TYPE OF ACTION AUTHORIZE EXECUTION OF GENERAL AGREEMENT SUBMITTED BY Lynne B. Putnam, Senior Engineer James R. Coe, Associate Engineer INITIATING DEPT./DIV. Planning Division, Engineering Department ISSUE: Staffs from the District and Contra Costa Water District (CCWD)) have negotiated a General Agreement for Recycled Water. Board authorization 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 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 future project specific agreements. The General Agreement addresses ownership and operations issues of the existing recycled water facilities and specifies a process to implement future recycled water projects. Staffs from the District and CCWD have consistently based the General Agreement on the Principles of Agreement approved by the two Districts. The 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 General Agreement addresses duplication of services and purveyorship issues for recycled water projects pursued either jointly or individually. The General Agreement provides enough flexibility so that if a joint project is not feasible, one district may proceed independently. The completion of this General Agreement demonstrates that public agencies can work together for the benefit of the public and the environment. A copy of the General Agreement, including revisions made since the August 18, 1994, Board meeting, and a staff summary are attached for your review. RECOMMENDATIONS: Authorize Board President Susan McNulty Rainey to execute the General Agreement with CCWD for Recycled Water. (Attachment) JRC LBP DJC RAB REWEWEDANDRECOMMENDEDFORBOARDAcnON INITIATING DEPT./DIV. STAFF SUMMARY The major provisions of the General Agreement are as follows: 1 . RECITAL (g) states that one purpose of this General Agreement is to avoid duplication of services disputes. 2. Section 1 (a) states that CCWD is the recycled water purveyor except that the District may be the purveyor under project specific agreements. 3. Section 3 establishes the length of the General Agreement to be successive ten- year terms. 4. Sections 4 and 5 settle all past disputes and costs. 5. Section 6 terminates previous recycled water contracts and clarifies CCWD ownership of the NaX plant and the District's ownership of other recycled water facilities on and around the District Treatment Plant site. 6. Section 7 and Exhibit E define the procedures for developing future recycled water projects. 7. Sections 13 and 14 establish provisions for indemnification and insurance requirements. 8. Section 15 provides procedures for binding arbitration. 9. Section 16 allows unilateral termination of the General Agreement at the end of any ten-year term. 10. Section 17 provides for survival of only essential provisions after termination of the General Agreement. GENERAL AGREEMENT 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; General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page I 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; 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; (iii) 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. g. Whereas, Public Utilities Code Section 1501 et seq., and in particular Sections 1503, 1504 and 1505.5, deals with situations when an agency provides or extends service into an area already receiving service from another agency. If service is extended into areas already served by another agency, the duplication of service may constitute a taking of property. One purpose of this General Agreement is to establish a process so that CCCSD may provide recycled water service within the CCWD service area so as not to create such a taking. General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 2 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 to existing or new water customers. 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; c. Public Utilities Code Section 1501 et seq. 'lIhich provides certain authority that the construction of facilities to proyide or extend service, or for the proyision or ext-ension of service, to or within the service area of a public entity, may constitut-e a taking of property. One purpose of this General Agreement is to provide a mechanism for the construction of facilities t-o proyide or ext-end service or for the provision or extension of service by CCCSD in the service area of CC\VD by project specific agreements "....ith CCWD so as to not amount to such a taking; c. 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 terminated in its entirety as of the Effective Date of this General Agreement, pursuant to Section 6. a; d. Both districts agree to terminate and not pursue previous recycled water litigation and past disputes, pursuant to Section 4; General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 3 e. Both districts will coordinate planning activities related to the provision of recycled water service, and each may identify projects which can be implemented incrementally; f. 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 g. 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, statutory, 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: 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 clearwell, 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 (including auxiliary valves and piping) 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 General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 4 ~__~_ .._,__...____...,.____._..,_,_~____v_.__._.___'~__~____~..-,----."..~-,...-----_.~-,-----.--,.,.....~.--,..-.'.----.-.---~-_._~,.--"--~-.....--------.,-- 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 refinery, 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 B and C. c. "N aX 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. 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. General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 5 _"_._...__..____.._.._._.."~.."_~._.._._..__._._"<'_.,_M______..___....,___.__.__._~_.__._,._'_~__.___......"_.._--~._--,---_...._....,---_...~._~.....,_.'- ------_..._--_.._._-~~--,---_....__._--_.._--_.-._.._-_._~.__...._,_.,..-_..__._--_.- 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. 3. TERM This General Agreement shall become effective on the Effective Date stated above and shall continue in effect for a period often (10) years from that Effective Date, and shall renew itself automatically at that time for ten (10) years and every ten (10) years thereafter for ten (10) years unless 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. General Agreement for Recycled Water Page 6 ___~_~_____. ...___..________.___m._____,__"_____,._.____~_.M.'___.--..,,-.-..--~..-~..-._,-----_.....~..._-~,.-..........--.".,----"-~.~---,-._-.--,.-----,.--.- 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 funds invested in recycled water facilities 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. 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 General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 7 ~..._._...._____._~_.,,___'''','_,',~'__''________'_''_'_".'_..__._.__"___.,,._____.__".~."_." _ _,.....,_~._.,....__..____.."__,__.._,..._,,__'_o,_'__ 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 NaX Plant. When CCWD finds an appropriate use elsewhere, removes it for sale or salvage, or it becomes a safety hazard through no fault of CCCSD, 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 hazard and CCWD shall reimburse CCCSD for related and necessary costs to the extent that the hazard was not caused by CCCSD. Furthermore, should CCWD decide to operate the N aX 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 NaX 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 General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 8 .~_.,_______.,~_. .. ~_...'_.'m..._".____"__~_.""____'_____" <.' '. .--."-"'-"'--"--""- ."...-._-~"".._--_.__._..-_....,._..,,-_._..-...._._---...__._._,_..._...~-_..__.. .'. ---"-'-'--'.'-'-'-"-'-~'"----'--'''--''''-'---'---'''------' ._-,.,,---,_.,--_.._._-~-- 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. CAOO28207 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 shown schematically on Exhibit E, 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. (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. General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 9 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 purveyorship authority in a timely manner under a project specific agreement, including a business plan, revised or updated as necessary, pursuant to the following process: (I) 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 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 defmed 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. General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 10 (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 7. c 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 defmed 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 without limitation, the following: (i) The business plan, revised or updated, as necessary. (ii) The provision that CCWD shall agree not to seek any compensation from CCCSD associated with planning, design, construction, and operation and maintenance of the defined recycled water project. (iii) The provision that 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 in effect at the time water is delivered. For the purpose of this General Agreement, "the time water is delivered" means the actual period of time beginning on the date water first flows from CCCSD facilities to CCWD facilities and is provided to customers, under a project General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 11 ---- '-'-~-'--'--'-"'-"-~-"--------"--'---'~'-'."~~-----------,._.._~.,.",._.".__._---,._--~.._,.._-_....,.,..~."._"_.._'_.,~..._--,.._-_._._._._.,--~._-~---,_.._--'-'-' specific agreement, until the date on which a project ceases all operations subject to the termination provisions in the project specific agreement. 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. (illv) The provisions that CCWD shall bear any additional cost for CCCSD to provide additional treatment above that required by CCCSD's NPDES permit, as defined in Section 7.d.2 (iii), 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. 9. RESPONSmILITY 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 General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 12 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 6. a. 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 to 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 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 General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 13 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, facsimile number, 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 Telephone: (510) 674-8000 Facsimile: (510) 674-8197 CENTRAL CONTRA COSTA SANITARY DISTRICT General Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Telephone: (510) 229-7300 Facsimile: (510) 676-7211 13. INDEMNIFICATION 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 C<;:wn or its offIcers, directors, employees, or agents in connection with this General Agreement or arising out of CCWD's breach of this General Agreement. c. If the negligence or willful misconduct of both CCCSD and CCWD or their respective officers, directors, employees, or agents is a cause of 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 General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 14 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, or shall be self insured pursuant to applicable law for such coverage. b. All CCCSD officers, directors, employees, agents, consultants and contractors accessing or working at the NaX Plant shall comply with the CCWD Worker's Compensation, general liability and automobile liability insurance coverage requirements applicable to contractors in effect at the time of such work, or shall be self insured pursuant to applicable law for such coverage. c. CCWD shall maintain in full force and effect at all times during the term of this General Agreement general liability insurance providing a minimum of $1,000,000 in combined single limit coverage (bodily injury and property damage) per accident or occurrence with a $5,000,000 annual aggregate or an equivalent self insured program, which shall cover third party personal injury and/or property damage arising out of CCWD's negligent operations of at the NaX Plant and out of negligence of its officers, directors, employees and agents accessing or working at the NaX Plant. Any such general liability insurance shall name CCCSD as an additional insured. CCWD shall provide to CCCSD evidence of such insurance coverage to CCCSD's reasonable satisfaction. General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 15 d. CCCSD shall maintain in full force and effect at all times during the term of this General Agreement, general liability insurance providing a minimum of $1,000,000 in combined single limit coverage (bodily injury and property damage) per accident or occurrence with a $5,000,000 annual aggregate or an equivalent self-insured program, which shall cover third party personal injury and/or property damage sustained while accessing or working at the NaX Plant and arising out of CCCSD's negligent operations and out of the negligence of its officers, directors, employees and agents (including management of the CCCSD treatment plant site, other than the NaX Plant) Any such general liability insurance shall name CCWD as an additional insured. CCCSD shall provide CCWD evidence of such insurance coverage to CCWD's reasonable satisfaction. e. The respective worker's compensation insurer(s) covering each district and its officers, directors, employees, agents, consultants, and contractors shall waive all rights of subrogation against the other district and its officers, directors, employees, and agents (other than consultants and contractors). f. This section shall not be construed as a limitation of either district's liability under section 13, "Indemnity", or otherwise under this Agreement. 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 begin the arbitrator selection process as set forth in section b. below. b. Unless the districts otherwise agree in writing, the districts shall select an arbitrator in the following manner: each district shall submit to the other district a written list of ten natural persons, in order of preference. The district requesting arbitration shall contact the first candidate appearing on both lists and request that he or she serve as arbitrator for the dispute. Should the first joint candidate decline to serve as arbitrator, the district requesting arbitration shall contact the next joint candidate and request that he or she serve as arbitrator for the dispute. This process shall be General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 16 repeated until a joint candidate agrees to serve as arbitrator or the districts agree not to submit any more lists, but shall not extend more than fifteen (15) calendar days. If the districts agree not to submit any more lists, or the fifteen calendar day period has elapsed, each district shall prepare a list of five natural persons and the districts shall jointly petition the Contra Costa Superior Court to appoint an arbitrator from the two lists by the following procedure: said Court shall appoint such arbitrator pursuant to the terms of Code of Civil Procedure S 1281.6, and the first proposed arbitrator who is not disqualified under the provisions of section 1282 of the Code of Civil Procedure shall serve as arbitrator. Unless the districts otherwise agree in writing, the arbitration shall be conducted pursuant to the provisions of Chapter 3 of Title 9 of the Code of Civil Procedure (s 1282 et seq.) except that notwithstanding the provisions of subdivision (d) of section 1282.2 of that Code, witnesses shall be sworn, the rules of evidence shall apply, and the proceedings shall be reported unless the districts otherwise agree in writing. 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 Either district may unilaterally terminate this General Agreement, except for those provisions designated to survive pursuant to Section 17, by sending a written notice to the other district within one year, but not less than six months, prior to the end of any ten (10) year period as set forth in Section 3. Termination will take effectfollowing a requestfor termination and upon written concurrence regarding the impacts of termination, provided there are no outstanding requests for arbitration. If written concurrence has not been reached before the end of the then current ten year period, either district may request arbitration of the impacts of termination. If written concurrence has not been General Agreement for Recycled Water Page 17 Draft: 9-30-94 (Strike-Bold Italics) reached and neither district has requested arbitration regarding the impacts of termination, or if both parties have not agreed to extend the term of the General Agreement for continued negotiations, termination will take effect at the end of the then current ten year period, except that the General Agreement will remain in effect until completion of all outstanding requests for arbitration. If the districts fail to reach concurrence on the impacts of termination, and neither district requests arbitration under the provisions of Section 15, all outstanding issues related to impacts of termination shall be deemed resolved as of the effective date of termination, and can not be the subject of future litigation. 17. SURVIVAL The provisions of this General Agreement concerning past disputes (Section 4), past costs (Section 5), replacement of prior contracts (Section 6), and applicable insurance provisions (Section 14) are continuing in nature and shall survive any termination of this General Agreement. The General Agreement resolves recycled water purveyorship and service duplication issues between the districts. Should this General Agreement terminate, the issues of purveyorship authority and service duplication under California law are open to interpretation by either party. 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: By: Legal Counsel APPROVED AS TO FORM: By: Legal Counsel MBNARJ - rlr -31 General Agreement for Recycled Water Draft: 9-30-94 (Strike-Bold Italics) Page 18 ~xhibit A ~ N , I BUITERFlY VAlVE AT . END OF 42" PlPEUNE I STA. 65+22.9 I . . : #",;./ I ,. . , , r J , , ' . cccso EASEMENT " ' , c:,!"/ ~ ',\.~ , , , t-. , ,. /' 'r" . A ./' CCNO 20" RECYClED WATER PIPB.INE TO TOSCO REFINERY _ _ _ ~ EXHIBIT C) LEGEND: - _.-:. CCCSD PROPERlY BOlJNOARY cccso AEC't'ClED WATER FACIUTES - - - - cccso EASEMENT - - - - EASEMENTS 011-IER 1}W.I CCCSO CCWD 30" RECYCLED WATER PIPB..JNE CCWD ~-71' CCNO 30" PIPElINE '" TO/FROM RECYCLED - - - - - - - -- WATER STORAGE TANKS (SEE EXHIBrT C) '" NOT TO SCALE NOTE: EXISTING CCCSO AECYa.fD WATER DISTRIBUTION SVSTEM SERVING LOCALJZED CUSTOMERS NOT SHONN. , , , /' . ( -' . ---- ,.,.,..,. " ,--- . ( \ ~ CCCSD . PROPERlY BOUNDARY \ \ L I . I ...... ...... COHO NAX PlANT ...... (SEE EXHIBIT B) ....... ., I CCCSD I. TRUCK All STATION I I ....... ...... cccso AlTER PlANT FOREBAY PUMPS General Agreement for Recycled Water Between Central Contra Costa Sanitary District and Contra Costa Water District CCCSD Recycled Water Facilities Location Map ..A.JA,U..IVtl. J..) To Susuin Bay . . OCCSD . ~ : ... ....... property Una ~"..."""""" Atchison Topeaka . ~ & Santa Fe RR ... I'.. Pt. 3 ............ :: ............ ,. : : I' . . . . . I J I . . . . . . ~ ~ To CCWD Recycled Water .. (. Facility (see Exhibit C) -.' .' . . ( . " " . , " ....... ~ . "~~ . , ~ .. ",'?6~, . " . , " ..... ~ , ...... ~ .. ",~~ . ' ~'C\l . . . . . LEGEND 1111 IHI CCCSD Existing Reycled Water Facilities Atchison Topeaka & Santa Fe RR CCWD NaX PLant OCCSD Property Une ............ Termini of CCWD NaX Plant Pt. 1 - Connection to CCCSO 6O-Inch Fiher Effluent Pipeline Pt. 2 - Connection to CCCSO C1earwell Pump Station Pt. 3 - Connection to CCCSO 72-lnch OUtfall Pipeline Pt. 4 - Connection to CCCSO 42-1nch Industrial Recycled Water Pipeline Note: CCWD O&M responsibilities of the NaX Plant extend to and Include the four connections (Pl. P2, P3, and P4) to the CCCSD existing recycled water facilities. CD ,S 1 Q.; 1 o & 8 o ~ "t' ~ , , , , , , , , " Pt. 4 ~ N I oc:;- "C'e 0& ~9' \?:.' ~I.: O(,oS't.: ~-2 6<), l:'J.: ~ ~~ "~ 4'~ ~ ;() ~ _b6A 19~.. ;() ~ CCCSD Clearwell Pump Station ~ ' ~ ' '- - - .. .. .. T' CCCSD Backwash 9 :::: Pumps _ - -cccso 3O-lncII Backwash PlpeIIne 10 FlIter Plant- - - - - - - - - . Pt. 2 000 Not to Scale . . . . . . . . . . . EfIluenl Meter Inftuenl Pumps rr' " . , CCCSD . . Effluent--rT"h Pumps ~ 3O-inch Influent PipeUne .------------------------------------------ I . . . , . I CCCSD CLEARWELL 1 --------------.- 6O-lnch CCCSD Riter Plant Effluent PipeUne to ClearweU General Agreement for Recycled Water Between Central Contra Costa Sanitary District and Contra Costa Water District CCWO NaX Plant on CCCSO's Treatment Plant Site -Location Map '" ~ u Cl1 IL :;; ~ '0 .!!! ~ Gl a: Cii "C '0 :> '0 .= -'" o (J) 8 o I I I I ~ 'U If ... .!! ~ '0 Gl ~ Gl a: 0> .= '0 ;n Gl B (J) ,g '0 z - ~- :g - (J) C Lo S 5i~ ~.s ~8 Lo sl!! ~g '00 CD"C -r:: g,as 01) CD-r:: a:_ LoCI) .Eo C~ CD as E:t:: CDr:: ~~ ~.s CiS~ :DO 5il!! (!)C 8 f! - r:: CD o Co CD as ,,:E -c .so ::1- o'tU u ~o -...I =CL u- &fen '-- CD c _as ~~ "c CD CD -E u_ ~as CD e a:f- Q _fn ::0 00 00 o o -'" o ~ o I /~ __.~' al . - CD ~ g,.s m '" '" U Gi - X . !II - rP. 0.:0.. ~~ ~_ii:~ ~ ..8 ~ CD w ~ ",'" o]ilii~ ....... -03:'" 0--'" .= ~ ~'+- , ~# ," ~~ ". /' ~ ~ ,\ ~ <I) 'i ~ "%- to o >- a: w z u: w a: ~ ~ ~ w J: CI) Cl1 '0 :> ClI c: "C ClI ~ 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 N~ed 3. Emergency Back-Up Supply from CCWD . . · ~frrritionofRequrrements 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 . . . . EXHIBIT E I- 0 a: z b c::!z t; 0 C F ::> ww e t;~UJ zc:: :::E:::E >- UJ~~ (!)t;;i~1:tl ~ -z c:: aUJ:c f3o~::>CJ ~ UI 0:::E0.. -- oou.O<( !z ~ ~ . . . 0 o..W "0 ~ g 0 ~ D:: 0.. ::E 0 0.. en A. .D 0 ,...: z 0 au 0 0 ~b ~ CD Ci5 en 0 ::>> -- E UJ l- t! 0 i~ ::>> ..... II. 0 0 CD 0: U. 0. en :c !z ~t; wc:: 0 t;UJUJ wt; t- o~ UJ::E~ Qw c::w aJ~ I- iC::> ~~ al:H:c wO ~~ Z 0:0:0.. en~ t- UI o..(!) 0 ::> Z CDg :5 <( ,...: 0. 0 0 0.. ~~ A. CD 0 en Z ob I- ~i 0 3:0 ... 1-0 Ci5 00 au ~w Zw i: 03 53 "0 -- 0 g~ 00:: ( -'0:: ,...: W 0. 0. 0. 0 0 C /B 0 w 0 0:: I .a Z 0:: t--J ,...: 0 0 " oC1;UJ 0 0 u. CD UJ !z ~o~ en (J) Z w oo..:c :::E 0 0:00.. w 0..0: w - 0.. 0:: ... ~ u ~ au CI) ~~ w z w CJ ::> '\ CD ~ fE ~ t-z 0 c;f z ~ z oOUJ 0 0 CIJ 0 wJ=(J) O!z ,...: az~ 0 0 ~ ~ ,- /B o:LLo.. 00 o..W 0 en' 0 t- o 0 0 Z 0 0 0 0.. Z ....0 0 ~.~ -- Ci5 0 ~o w 0 0 t- -- (J) Z c a: t-O CIJ u:: oli:w 0 ,...: ~ W (J) ~ 0 a~~ CD 0 en 0 0 a:zo.. 0..0 0 u6p..I!<l!'lX./~OlL/S~SlO:l/tJSnl 9O:M t66hflS-tt ~ Central Contra Costa Sanitary District , BOARD OF DIRECTORS POSITION PAPER BOARD MEETING Obctober 6, 1994 sU~ffNEW CONTRACT FOR LEGAL SERVICES WITH KENTON L. ALM AND SELLAR, HAZARD, SNYDER, KELLY & FITZGERALD FOR THE PERIOD FROM JULY 1, 1994, THROUGH JUNE 3D, 1997 AND AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT PAGE 1 OF NO. 8. LEGAL/LITIGATION a. DATE September 3D, 1994 TYPE OF ACTION RENEW CONTRACT SUBMITTED BY Bonnie Allen, Risk Manager INITIATING DEPT./DIV. Administrative/Risk Management & Safety ISSUE: Negotiation for a proposed three-year contract for legal services and Counsel for the District services of Kenton L. Aim and the Sellar, Hazard, Snyder, Kelly & Fitzgerald Law Firm was completed on June 30, 1994. A contract renewal requires approval by the Board of Directors. BACKGROUND: The District has been obtaining general legal services and Counsel for the District services of Kenton L. Aim and Sellar, Hazard, Snyder, Kelly & Fitzgerald (Firm) since 1985 by a contracted arrangement which was approved by the District Board of Directors. The latest contract had a term from July 1, 1991 through June 30, 1994, and the staff is recommending that it be renewed for another three-year period from July 1, 1994, through June 30, 1997. The non-financial terms of the renewal contract remain essentially the same. The fee provisions of the proposed contract include no hourly rate increase during the first year, followed by fee increases phased in over the following two-year period (see Exhibit 1). The staff has met with a representative of the Firm to discuss ways of holding and reducing legal costs and the following has been proposed: The hourly charge for legal work would be held at the current rates until July 1, 1995. The Firm would develop a time and billing system which will better accommodate the District's review and processing of legal charges. Cooperatively we would develop an electronic documents transfer system and/or E-mail system to facilitate communications between the Firm and the District. Parties would coordinate telephone conference calls to minimize legal time consumed by travel, conferencing and attendance at meetings. The Firm would continue to provide on-site scheduled office hours service at a 15% reduction of regular hourly fees. The Firm would continue to provide for a significant spread between hourly rates of most experienced and least experienced personnel to encourage District use of lowest cost alternative for legal services. REWEWEDAND RECOMMENDED FOR BOARD AcnON INITIATING DEPT.lDIV. ~ 1302A-7/91 BA SUBJECT RENEW CONTRACT FOR LEGAL SERVICES WITH KENTON L. ALM AND SELLAR, HAZARD, SNYDER, KELLY & FITZGERALD FOR THE PERIOD FROM JULY 1, 1994, THROUGH JUNE 30, 1997 AND AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT. PAGE 2 OF 3 DATE September 3D, 1994 . The Firm to provide (2) seminars or legal roundtables on staff-legal team approach to maximize efficiency of use of legal services by District personnel. The proposed contract with the Firm includes the following provision as summarized below: In the event that the incumbent counsel for the District leaves the Firm, at the District's sole discretion, the District has the rightto continue with the Firm choosing a replacement counsel, continue with the Firm for specific legal services and obtain other services from otherfirm(s), or terminate the contract. RECOMMENDATION: Approve a renewal of the contract for District legal services and Counsel for the District services by Kenton L. Aim and Sellar, Hazard, Snyder, Kelly & Fitzgerald Law Firm for the period from July 1, 1994, through June 3D, 1997 and authorize the Board President to execute the contract. 13028-7/91 -= ! I Q. 0 0 It') It') 0 tQ = t' -.:t" (or') N - ~ d:r-- - - - - - ~ Eo-l ~ ~ \C 0 = ~ - ~ o (or') - It') (or') - o N - :g - It') t' o It') - ~ It') N - It') N - It') - - It') o - It') t' ] 0 It') It') It') It') It') It') N N - 0 t' - - - - - ~ 8 5 .~ ~ ... cu 'G:i' t) ~g ~ ~5 en ~ ... ~5 :g->' ~ cu r:l.. .1: e.~ .i~ I::; .0 8. ~ln J-a cu t'f ~ .... ~ ~8. u 5 ~ -a ~ en <~ ~- -'C' < .9- ... o cu e I en en ... ~o ii~ = = ... <>. 'iJen .t)cu =so>. -N ~ Qj ;::;s ~.s :9 i~~ <Zit') ~ ~- ~8 = ~ 0 ........ e g ls =...-5 ._ l:I) ... lot 0 B i~ ~ U I 0 =.s fE =cu~ ~l] .S - = ~ ~-S ~cu..... ~i ~ ls ~Ol:l) rn ~< ~N Exhibit 1