HomeMy WebLinkAbout03.b. Approve agreement with Contra Costa Water District for Recycled Water Distribution SystemCentral Contra Costa Sanitary District 3.6
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 21, 2013
Subject: APPROVE AN AGREEMENT WITH CONTRA COSTA WATER DISTRICT
TO PROVIDE OPERATION AND MAINTENANCE SERVICES FOR THE
RECYCLED WATER DISTRIBUTION SYSTEM
Submitted By:
Steve Sauter
Maintenance Supervisor
Initiating Dept. /Div.:
CSOD /Field Operations/
Recycled Water
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
S. Sauter - Maintenance Supervisor
A. Rozul - Senior Engineer
K. Alm C. Swanson
Counsel for the District Provisional General Manager
ISSUE: Board approval is required for agreements with other public agencies.
RECOMMENDATION: Authorize the General Manager to execute a revised agreement
with Contra Costa Water District (CCWD) to continue to provide operation and
maintenance services for the recycled water distribution system.
FINANCIAL IMPACTS: The cost of pipeline maintenance services and repairs paid to
CCWD has totaled $30,891 over the past four years. The annual cost varies depending
on the number and complexity of emergency repairs that must be made.
ALTERNATIVES /CONSIDERATIONS: The routine operation and maintenance
services and emergency repair services could be provided by other means, such as:
1. Hire and train additional staff with the Central Contra Costa Sanitary District
( CCCSD) Collection System Operations Department (CSOD).
2. Retain the services of one or more private plumbing and /or construction
contractors.
3. Retain the services of another water agency or other type of public agency.
BACKGROUND: CCCSD owns and operates approximately 11 miles of recycled water
distribution pipelines and related appurtenances. The distribution system conveys
recycled water from the CCCSD treatment facility to 35 customer connections in
Pacheco, Concord, and Pleasant Hill.
CCWD has provided maintenance services for the recycled water distribution system
since November 2004. Most of the work has included repairing leaks, cross connection
testing, and replacing water meters.
The service provided by CCWD has been excellent in terms of responsiveness to both
routine and emergency requests and in quality of work.
Page 1 of 2
POSITION PAPER
Board Meeting Date: February 21, 2013
Subject: APPROVE AN AGREEMENT WITH CONTRA COSTA WATER DISTRICT
TO PROVIDE OPERATION AND MAINTENANCE SERVICES FOR THE
RECYCLED WATER DISTRIBUTION SYSTEM
CCCSD staff will continue to be the first responder to a leak or emergency situation, in
which case, CCCSD staff will shut down the distribution system, assess the emergency,
and notify CCWD.
The term of the proposed revision is for one year with an option to extend the
agreement for up to three one -year periods, as was done with the previous agreements.
The Board Enterprise Committee reviewed this matter on February 11, 2013.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a
revised agreement with Contra Costa Water District (CCWD) to continue to provide
operation and maintenance services for the recycled water distribution system.
11 Central Contra Costa Sanitarypig(�;ict
KENTON L ALM
Counsel for the District
(510) 808 -2000
ELAINE R BOEHME
Secretary of the District
MAINTENANCE SERVICES AGREEMENT
BETWEEN
CENTRAL CONTRA COSTA SANITARY DISTRICT
AND
THE CONTRA COSTA WATER DISTRICT
AGREEMENT NO. 040235
THIS AGREEMENT for recycled water facilities maintenance services is made by and between the Central
Contra Costa Sanitary District ( "CCCSD ") and the Contra Costa Water District ( "CCWD ") (together
sometimes referred to as the "Parties ") as of the _ __ day of 2013 (the "Effective
Date ").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CCWD shall
provide to CCCSD the services described in the Scope of Work attached as Exhibit A at the time and place
and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this
Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
continue until February 28, 2014, unless the term of the Agreement is otherwise
terminated as provided for in Section 8. Agreement may be renewed annually thereafter for
three (3) consecutive one -year periods, at the option of CCCSD and upon mutually agreeable
terms, Payment and performance obligations for succeeding fiscal periods shall be subject to
appropriation of funds therefore by CCCSD Board of Directors.
1.2 Standard of Performance. CCWD shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
maintenance services provider in which CCWD is engaged in the geographical area in
which CCWD practices its profession. CCWD shall prepare all work products required by
this Agreement in a substantial, first -class manner and shall conform to the standards of
quality normally observed by a person practicing in CCWD's profession.
1.3 Assignment of Personnel. CCWD shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that CCCSD, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
reasonable written notice and specification of the reasons for the reassignment shall be
provided. CCWD shall, immediately upon receiving notice from CCCSD of such desire of
CCCSD, meet with CCCSD to discuss the reassignment of such person or persons in a
manner consistent with its procedures.
C."
1.4 Time. CCWD shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy CCWD's obligations hereunder.
Section 2. COMPENSATION. CCCSD hereby agrees to pay CCWD for services to be performed
and reimbursable costs incurred under this Agreement in accordance with the schedule of hourly rates in
Exhibit B. In the event of a conflict between this Agreement and CCWD's invoices regarding the amount of
compensation, the Agreement shall prevail. CCCSD shall pay CCWD for services rendered pursuant to
this Agreement at the time and in the manner set forth herein. The payments specified below shall be the
only payments from CCCSD to CCWD for services rendered pursuant to this Agreement. CCWD shall
submit all invoices to CCCSD in the manner specified herein. CCWD and CCCSD acknowledge and agree
that compensation paid by CCCSD to CCWD under this Agreement is based upon CCWD's actual costs of
providing the services required hereunder, including salaries, overhead and benefits of employees,
materials, and equipment costs and subcontractors of CCWD. Consequently, the parties further agree that
compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities
to which CCWD and its employees, agents, and subcontractors may be eligible. CCCSD therefore has no
responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. CCWD shall submit invoices containing the following information:
2.1.1 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
2.1.2 The beginning and ending dates of the billing period;
2.1.3 A Task Summary containing the amount of prior billings and the total due this
period;
2.1.4 At CCCSD's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
2.1.5 The total number of hours of work performed under the Agreement by CCWD and
each employee, agent, and subcontractor of CCWD performing services
hereunder, as well as a separate notice when the total number of hours of work by
CCWD and any individual employee, agent, or subcontractor of CCWD reaches or
exceeds 800 hours;
2.1.6 Hourly rates for each employee;
2.1.7 Separate line item for overhead and markup charges; and
2.1.8 CCWD representative's signature.
Service Agreement 040235 Between
Central Contra Costa Sanitary District and Contra Costa Water District
2.2 Monthly Payment. CCCSD shall make monthly payments, based on invoices received,
for services satisfactorily performed, and for authorized reimbursable costs incurred.
CCCSD shall have 30 days from the receipt of an invoice that complies with all of the
requirements above to pay CCWD.
2.3 Hourly Rates. CCCSD shall pay for the services to be rendered by CCWD pursuant to
this Agreement and in accordance with the hourly rates specified in Exhibit B. Fees for
work performed by CCWD on an hourly basis shall not exceed the hourly rates shown on
the compensation schedule attached as Exhibit B. In no event shall CCWD submit any
invoice for an amount in excess of the maximum hourly rates of compensation for any
employee classification provided in Exhibit B, unless the Agreement is modified prior to the
submission of such an invoice by a properly executed change order or amendment.
2.4 Reimbursable Expenses. Reimbursable expenses, if any, are listed in Exhibit B.
Reimbursable expenses shall be at cost without any markup. Expenses not listed in
Exhibit B are not chargeable to CCCSD.
2.5 Payment of Taxes. Pursuant to section 6.1, CCWD and its subcontractor(s) are solely
responsible for the payment of employment taxes incurred under this Agreement and any
similar federal or state taxes on their respective employees.
2.6 Payment upon Termination. In the event that CCCSD or CCWD terminates this
Agreement pursuant to Section 8, CCCSD shall compensate CCWD for all outstanding
costs and reimbursable expenses incurred for work satisfactorily completed as of the date
of written notice of termination. CCWD shall maintain adequate logs and timesheets in
order to verify costs incurred to that date.
2.7 Authorization to Perform Services. CCWD is not authorized to perform any services or
incur any costs whatsoever under the terms of this Agreement until receipt of authorization
from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, CCWD shall, at its sole cost
and expense, provide all labor, facilities, tools, and equipment that may be necessary to perform the
services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS.
4.1 Insurance Coverage. CCWD shall, at its expense, procure and maintain insurance, with
a State of California admitted insurer with an A.M. Best's Insurance Rating of A:VII or
better, for all of its operations under this Agreement and at limits and amounts satisfactory
to CCCSD. CCWD shall provide CCCSD with a standard ACORD certificate of insurance.
CCWD shall maintain the insurance policies required by this section throughout the term of
this Agreement. CCWD shall not allow any subcontractor to commence work on any
subcontract until CCWD has obtained all insurance required herein for the subcontractor(s)
and provided evidence thereof to CCCSD. CCWD shall furnish CCCSD with original,
signed certificates and original, signed amendatory endorsements effecting coverage
Service Agreement 040235 Between
Central Contra Costa Sanitary District and Contra Costa Water District
required by this clause, and all such certificates and endorsements are to be received and
reviewed by CCCSD before any work is commenced hereunder by CCWD.
4.1.1 Workers' Compensation and Employers Liability Insurance. Workers'
Compensation Insurance shall be provided as required by any applicable law or
regulation. Employers Liability Insurance shall be provided in amounts not less
than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit
for bodily injury by disease, and $1,000,000 each employee for bodily injury by
disease. The insurer shall waive all rights of subrogation against CCCSD, its
officers, directors, and employees. If there is any risk of injury to Contractor's
employees under the U.S. Longshoremen's and Harbor Workers' Compensation
Act, the Jones Act or under other laws, regulations or statutes applicable to
maritime employees, coverage shall be included for such injuries or claims.
4.1.2 General Liability Insurance. CCWD shall carry general liability insurance in any
combination of primary, excess or umbrella insurance, covering all operations by
or on behalf of CCWD for the limits of liability not less than $1,000,000 per
occurrence. If the policy has a general aggregate limit, the aggregate limit shall
apply separately to this project. Coverage shall be at least as broad as Insurance
Services Office Commercial General Liability coverage "occurrence" form CG
0001. CCWD's coverage shall be "occurrence" coverage and not "claims made"
coverage. Coverage shall include, or be endorsed to include, coverage for
personal injury liability assumed under Contract. The policy shall also include
liability arising out of the use and operation of any District - furnished equipment by
CCWD, its personnel and others. The District, its officers, directors and
employees shall be named as additional insured on CCWD's policy by a policy
provision or endorsement providing coverage at least as broad as Insurance
Services Office "Additional Insured - Owners, Lessees or Contractors (Form B)
endorsement Number CG 2010." The required additional insured coverages for
the District, its officers, directors, and employees shall stipulate that the insurance
afforded the additional insured shall apply as primary insurance and that any other
insurance or self- insurance maintained by CCCSD shall be excess only and shall
not be called upon to contribute with CCWD's insurance.
4.1.3 Automobile Liability Insurance. CCWD shall carry Automobile Liability
Insurance in any combination of primary, excess or umbrella insurance, provided
the coverage is at least as broad as the liability coverage of Insurance Services
Office Business Automobile Liability, Symbol #1 "any auto" (form number CA
0001), in an amount not less than $1,000,000 per occurrence. The policy shall
also include liability arising out of the use and operation of District- furnished
vehicles by CCWD, its personnel and others.
4.2 Additional Insured. The District, its officers, directors and employees shall be named as
additional insured on CCWD's policy by a policy provision or endorsement providing
coverage at least as broad as Insurance Services Office "Additional Insured - Owners,
Lessees or Contractors (Form B) endorsement Number CG 2010"
Service Agreement 040235 Between
Central Contra Costa Sanitary District and Contra Costa Water District
The required additional insured coverages for the District, its officers, directors, and
employees shall stipulate that the insurance afforded the additional insured shall apply as
primary insurance and that any other insurance or self - insurance maintained by CCCSD
shall be excess only and shall not be called upon to contribute with CCWD's insurance.
4.3 Cancellation Notification. Each insurance policy required by this clause shall be
endorsed to state that either party shall not cancel coverage, except after thirty (30) days'
prior written notice has been given to the District. The following provisions shall also apply:
In the event CCWD fails to comply with this section, CCCSD may take such action as
CCCSD deems necessary to protect its interest. Such action may include but is not limited
to termination of the Contract, withholding of payments, or other actions as CCCSD deems
appropriate.
4.4 Inadequate Insurance. In addition to any other remedies CCCSD may have if CCWD
fails to provide or maintain any insurance policies or policy endorsements to the extent and
within the time herein required, CCCSD may, at its sole option exercise any of the
following remedies, which are alternatives to other remedies CCCSD may have and are
not the exclusive remedy for CCWD's breach:
4.4.1 Suspend performance of all obligations under this agreement until CCWD
demonstrates compliance with the requirements hereof; and /or
4.4.2 Terminate this Agreement.
Section 5. INDEMNIFICATION AND CCWD'S RESPONSIBILITIES. CCWD shall indemnify, defend
with counsel selected by CCCSD, and hold harmless CCCSD and its officials, officers, employees, agents,
and volunteers, from and against any and all losses, liability, claims, suits, actions, damages, and causes of
action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of
any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful
misconduct or negligent acts or omissions of CCWD or its employees, subcontractors, or agents, by acts
for which they could be held strictly liable, or by the quality or character of their work. The foregoing
obligation of CCWD shall not apply when (1) the injury, loss of life, damage to property, or violation of law
arises wholly from the negligence or willful misconduct of CCCSD or its officers, employees, agents, or
volunteers and (2) the actions of CCWD or its employees, subcontractor, or agents have contributed in no
part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of
CCWD to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. Acceptance by CCCSD of insurance certificates and endorsements required under
this Agreement does not relieve CCWD from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether
or not such insurance policies shall have been determined to apply. By execution of this Agreement,
CCWD acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
Service Agreement 040235 Between
Central Contra Costa Sanitary District and Contra Costa Water District
CCWD shall hold CCCSD, its officers, agents and employees, harmless from liability of any nature or kind,
including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition,
secret process, patented or unpatented invention, article or appliance furnished or used in connection with
the Agreement.
Section 6. STATUS OF CCWD.
6.1 Independent Contractor. At all times during the term of this Agreement, CCWD shall be
an independent contractor and neither it, nor its subcontractors shall be considered an
employee of CCCSD for any purpose. Moreover, CCWD, CCCSD, and their respective
agents or subcontractors shall each pay the salaries, and any employee and/or employer
contributions for benefits, including without limitation the costs of contributions to any
pensions and /or annuities or any other retirement benefits, to which any of their respective
employees may be entitled. CCCSD shall have the right to control CCWD only insofar as
the results of CCWD's services rendered pursuant to this Agreement and assignment of
personnel pursuant to Subsection 1.3; however, otherwise CCCSD shall not have the right
to control the means by which CCWD accomplishes services rendered pursuant to this
Agreement. Notwithstanding any other CCCSD, state, or federal policy, rule, regulation,
law, or ordinance to the contrary, CCWD and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for or become
entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or
any incident of employment by CCCSD, including but not limited to eligibility to enroll in
PERS or the Contra Costa County Employees' Retirement Association (CCCERA) as an
employee of CCCSD and entitlement to any contribution to be paid by CCCSD for
employer contributions and /or employee contributions for PERS or CCCERA benefits.
6.2 Lack of Agency Status. Except as CCCSD may specify in writing, CCWD shall have no
authority, express or implied, to act on behalf of CCCSD in any capacity whatsoever as an
agent. CCWD shall have no authority, express or implied, pursuant to this Agreement to
bind CCCSD to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. CCWD and any subcontractors shall comply with all
laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, CCWD and any subcontractors shall
comply with all applicable rules and regulations to which CCCSD is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. CCWD represents and warrants to CCCSD that CCWD and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
Service Agreement 040235 Between
Central Contra Costa Sanitary District and Contra Costa Water District
professions. CCWD represents and warrants to CCCSD that CCWD and its employees,
agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that are legally
required to provide the specified maintenance services.
7.5 Nondiscrimination and Equal Opportunity. CCWD shall not discriminate, on the basis
of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by CCWD under this
Agreement. CCWD shall comply with all applicable federal, state, and local laws, policies,
rules, and requirements related to equal opportunity and nondiscrimination in employment,
contracting, and the provision of any services that are the subject of this Agreement,
including but not limited to the satisfaction of any positive obligations required of CCWD
thereby.
CCWD shall notify, in writing, all subcontractors of the non - discrimination and equal
opportunity requirements contained in this Section.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. CCCSD may cancel this Agreement at any time and without cause upon
thirty (30) days written notification to CCWD.
CCWD may cancel this Agreement upon ninety (90) days' written notice to CCCSD and
shall include in such notice the reasons for cancellation.
In the event of termination, CCWD shall be entitled to compensation for services
performed to the effective date of termination; CCCSD, however, may condition payment
of such compensation upon CCWD delivering to CCCSD any or all documents,
photographs, computer software, video and audio tapes, and other materials provided to
CCWD or prepared by or for CCWD or CCCSD in connection with this Agreement.
8.2 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.3 Assignment and Subcontracting. CCCSD and CCWD recognize and agree that this
Agreement contemplates personal performance by CCWD and is based upon a
determination of CCWD's unique organizational competence, experience, and specialized
organizational knowledge. Moreover, a substantial inducement to CCCSD for entering into
this Agreement was and is the professional reputation and competence of CCWD. CCWD
may not assign this Agreement or any interest therein without the prior written approval of
the Contract Administrator. CCWD shall not subcontract any portion of the performance
contemplated and provided for herein, other than to the subcontractors noted in Exhibit B,
without prior written approval of the Contract Administrator.
Service Agreement 040235 Between
Central Contra Costa Sanitary District and Contra Costa Water District
8.4 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between CCCSD and CCWD shall survive
the termination of this Agreement.
8.5 Options upon Breach by CCWD. If CCWD materially breaches any of the terms of this
Agreement, CCCSD's remedies shall include, but not be limited to, the following:
8.5.1 Immediately terminate the Agreement; and retain a different public agency or
service provider to complete the work described in Exhibit A not finished by
CCWD.
Section 9. RECORDS.
9.1 Records Created as Part of CCWD's Performance. All reports, data, maps, models,
charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form, that CCWD
prepares or obtains pursuant to this Agreement and that relate to the matters covered
hereunder shall be the property of CCCSD. CCWD hereby agrees to deliver those
documents to CCCSD upon termination of the Agreement. It is understood and agreed
that the documents and other materials, including but not limited to those described above,
prepared pursuant to this Agreement are prepared specifically for CCCSD and are not
necessarily suitable for any future or other use.
9.2 CCCSD Records. CCCSD shall furnish to CCWD, a minimum of four (4) Operations and
Maintenance Manuals, maps of pipe alignments, pictures of pipeline alignments and
locations of appurtenances. The point of discharge from the treatment plant and the points
of delivery to each water user shall be delineated on the provided records.
9.3 CCWD's Books and Records. CCWD shall maintain any and all ledgers, books of
account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for services or expenditures and disbursements charged to CCCSD
under this Agreement for a minimum of three (3) years, or for any longer period required
by law, from the date of final payment to CCWD to this Agreement.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires CCWD to maintain shall be made available for inspection, audit,
and /or copying at any time during regular business hours, upon oral or written request of
CCCSD. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of CCCSD or as part of any audit of CCCSD, for a period of three (3) years after
final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
Service Agreement 040235 Between
Central Contra Costa Sanitary District and Contra Costa Water District
10.1 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in Contra Costa County.
10.2 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.3 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.4 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.5 Conflict of Interest. CCWD may serve other clients, but none whose activities within the
corporate limits of CCCSD or whose business, regardless of location, would place CCWD
in a "conflict of interest;' as that term is defined in the Political Reform Act, codified at
California Government Code Section 81000 et seq.
CCWD shall not employ any CCCSD official in the work performed pursuant to this
Agreement. No officer or employee of CCCSD shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
10.6 Contract Administration. This Agreement shall be administered by Steve Sauter,
Maintenance Supervisor ( "Contract Administrator"). All correspondence shall be directed
to or through the Contract Administrator or his or her designee. Changes in Contract
Administrator names shall not require a contract amendment.
10.7 Notices. Any written notice to CCWD shall be sent to:
Contra Costa Water District
Attention: Matthew Novak, Maintenance Manager- Storage and Conveyance
1331 Concord Avenue
P.O. Box H2O
Concord, CA 94524
Any written notice to CCCSD shall be sent to:
Central Contra Costa Sanitary District
Attention: Steve Sauter, Maintenance Supervisor
5019 Imhoff Place
Martinez, CA 94553
Service Agreement 040235 Between
Central Contra Costa Sanitary District and Contra Costa Water District
10.8 Confidentiality of Data. All financial, statistical, personal, technical and other data and
information relating to CCCSD's operation which are designated confidential by CCCSD
and made available to CCWD in order to carry out this Agreement, or which become
available to CCWD in carrying out this Agreement, shall be protected by CCWD from
unauthorized use and disclosure through the observance of the same or more effective
procedural requirements as are applicable to CCCSD. The identification of all such
confidential data and information as well as CCCSD's procedural requirements for
protection of such data and information from unauthorized use and disclosure shall be
provided by CCCSD in writing to CCWD. If the methods and procedures employed by
CCWD for the protection of CCWD's data and information are deemed by CCCSD to be
adequate for the protection of CCCSD's confidential information, such methods and
procedures may be used, with the written consent of CCCSD, to carry out the intent of this
paragraph. CCWD shall not. be required under the provisions of this paragraph to keep
confidential any data or information that is or becomes publicly available, is already
rightfully in CCWD's possession, is independently developed by CCWD outside the scope
of this Agreement, or is rightfully obtained from third parties.
10.9 News Releases and Publications. Unless otherwise exempted, news releases,
publications or advertisements pertaining to this Contract shall not be made by CCWD, its
subcontractor or suppliers, without prior written approval of CCCSD.
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A and the compensation schedule attached hereto and
incorporated herein as Exhibit B, represents the entire and integrated agreement between
CCCSD and CCWD and supersedes all prior negotiations, representations, or agreements,
either written or oral.
10.11 Agreement Modification. No changes, amendments or modifications of any terms or
conditions of the Agreement shall be valid unless reduced to writing and signed by both
parties. No oral understanding or agreement not incorporated in the Agreement is binding
on any of the parties.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
Service Agreement 040235 Between
Central Contra Costa Sanitary District and Contra Costa Water District
The Parties have executed this Agreement as of the Effective Date.
CONTRA COSTA WATER DISTRICT
By:
Jerry Brown
General Manager
APPROVED AS TO FORM:
By:
Legal Counsel
Service Agreement 040235 Between
Central Contra Costa Sanitary District and Contra Costa Water District
CENTRAL CONTRA COSTA
SANITARY DISTRICT
By:
By:
Curtis W. Swanson
Provisional General Manager
Stephanie King
Purchasing and Materials Manager
APPROVED AS TO FORM:
By:
Legal Counsel
EXHIBIT A
SCOPE OF SERVICES
CCWD shall repair and maintain CCCSD recycled water pipeline distribution system which is
approximately ten (11) miles long, upon request by CCCSD. CCWD shall be responsible for the
repair and maintenance of the pipeline distribution system from the discharge of the treatment
facility up to the designated point of delivery of recycled water to the water user. The diameters of
the pipes in the distribution system range from two inches (2 ") to twenty -four inches (24 "). The
pipeline materials are cement mortar -lined and coated steel, ductile iron, copper, high - density
polyethylene (HDPE) and polyvinyl chloride (PVC). An additional 3,200 feet of ten inch (10") and
twelve inch (12") PVC recycled water pipeline will be constructed during the second half of 2004
and will become a part of this Agreement upon activation. The location and details of the
distribution system are shown on the attached maps and piping list (Attachment A). CCCSD
currently has twenty-one (21) recycled water customers and each customer has a water meter at
their service location.
CCWD shall:
1. Repair leaks and perform emergency replacement of pipeline sections in the recycled
water distribution system, including locating, excavating, dewatering, pipe repair or
replacement, backfilling, cleaning, testing, cathodic protection, traffic control, and
pavement and property restoration.
2. Drain recycled water lines prior to repairs or planned maintenance (discharge recycled
water to the sewer system, where and as directed).
3. Install new, or replace existing, valves, pipeline sections, and related appurtenances as
directed.
4. Make service connections for new customers to the recycled water system as directed.
5. Inspect, calibrate, maintain and replace recycled water customer meters.
6. Monitor, test and repair cathodic protection systems for the recycled water distribution
system as directed.
7. Inspect and flush to the sewer collection system as directed by CCCSD, the recycled water
distribution system on an annual basis as directed. Exercise, inspect and maintain valves
on the distribution system as directed.
8. Prepare as -built drawings for new installations, as directed by CCCSD.
9. Be responsible for obtaining USA markings for facility repairs.
10. Work with CCCSD to determine the urgency of repairs and schedule them accordingly.
11. Respond to emergencies, as directed by CCCSD.
Page 12 of 15
CCCSD shall:
1. Call CCWD's daily dispatch center for all calls during normal business hours (7:00 a.m. to
3:30 p.m.). The contact telephone number is 925 -688 -8095.
2. During after hours, call CCWD's 24 -hour control center. The contact number is 925 -688-
8397.
Page 13 of 15
EXHIBIT B
COMPENSATION SCHEDULE
Effective July 1, 2013, a cost of living adjustment (COLA) (between 3.0% and 5%) based on the previous
12 months (April - April) CPI for San Francisco /Oakland /San Jose All Urban Wage Earners and Clerical
Index will be applied to the direct hourly rates listed below (with the exception of the Engineering
Support Supervisor, Engineering Services Coordinator and 0 &M Supervisors positions, whose hourly
rates will be adjusted November 11, 2013, by a minimum of 2.5% and a maximum of 5.00', based on the
previous 12 months, October to October, CPI for San Francisco /Oakland /San Jose All Urban Wage
Earners and Clerical Index). Equipment and vehicle charges are also subject to an annual evaluation by
CCWD on a fiscal year basis (July - June).
All work performed before or after an employee's normal eight (8) hour workday shall be paid at the
overtime rate of one and one -half (1 -1/2) times the regular straight time hourly rate of pay. All work
performed in excess of the employee's normal forty (40) hour workweek shall be paid at the overtime
rate of one and one -half (1 -1/2) times the regular straight time hourly pay, except that all worked
performed on the second consecutive day outside the employee's normal workweek shall be paid at
two (2) times the regular straight time hourly rate of pay. The overtime rate for all work performed in
excess of eight (8) hours of overtime in any one workday shall be paid at two (2) times the regular
straight time hourly rate of pay.
Employee
Direct
Hourly Rate
Taxes &
Benefits
49%
Indirect Costs
61%
Total
Hourly Costs
Office Services Clerk
$29.00
$14.21
$17.69
$60.90
Utility Worker
$30.20
$14.80
$18.42
$63.42
Customer Service Representative
$30.52
$14.95
$18.62
$64.09
Assistant Storekeeper
$31.45
$15.41
$19.18
$56.05
Cross Connection Inspector
$32.26
$15.81
$19.68
$67.75
Complaint Inspector
$32.39
$15.87
$19.78
$68.02
Water Quality Inspector (Grade 1 )
$34.78
$17.04
$21.22
$73.04
Engineering Technician 1
$34.94
$17.12
$21.31
$73.37
Muld-Skilied Equipment Operator
$36.25
$17.76
$22.11
$76.13
Storekeeper
$36.57
$17.92
$22.31
$76.80
Senior Equipment Operator
$37.28
$18.27
$22.74
$78.29
Maintenance Mechanic
$38.03
$18.63
$23.20
$79.86
Crew Leader - Field
$38.99
$19.11
$23.78
$81.88
Crew Leader - Services
$40.22
$19.71
$24.53
$84.46
Sr. Cross Connections Inspector
$40.22
$19.71
$24.53
$84.46
Corrosion Control Technician
$40.79
$19.99
$24.88
$85.66
Construction Inspector
$42.68
$20.91
$26.03
$69.63
Crew Leader - Maintenance
$42.91
$21.03
$26.18
$90.11
Engineering Technician ill
$43.05
$21.09
$26.26
$90.41
"Engineering Services Coordinator
$45.33
$22.21
$27.65
$95.19
Electrical Technician
$46.07
$22.57
$28.10
$96.75
Instrument Technician
$46.07
$22.57
$28.10
$96.75
,Engineering Support Supervisor
$52.72
$25.83
$32.16
$110.71
0W Supervisor (Grade 3)
$52.72
$25.83
$32.16
$110.71
ui menttVehicles
Half Day Rate
Full Day Rate
Sedan
$12
$24
SW
$14
$29
Pickup - Y2 ton (Inci Ford Ranger)
$11
$22
Picku - % ton
$16
$32
Pickup -1 ton "
$22
$44
17450/17550
$28
$56
Large Truck •"
$68
$138
Van
$18
$36
Tractor
$211
$423
Backhoe
$211
$423
Trailer
$25
$50
' Includes: 4 -Wheel Drive half -ton pickups
'• Includes: flatbed trucks and pickups with cab /chassis F350, etc.
•"' Includes: boomtrucks, bucket trucks, dump trucks, service trucks, and crew trucks
Reimbursable Expenses (at cost)
• Backfill materials, pipe and fittings
• Consumable tools and equipment— clamps, fittings, etc.
Paving Subcontractors (examples only — actual subcontractor may be different)
• WK McClellan
• G & S Paving
• Cal West Concrete Cutting
Minimum Call -Out Charges
The minimum charge per Incident occurring after regular work hours is two (2) hours per person
called out. The minimum charge during regular business hours is one -half (1/2) hour.
Page 2
CCWD - Compensation Schedule