HomeMy WebLinkAboutMINUTES - 11081994 - WC.2 WC2
TO: BOARD OF SUPERVISORS
...... Contra
FROM: WATER COMMITTEE —�
Supervisor:Tom Powers rte."' CoSLCA
Supervisor,Jeff SmithCounty
DATE: November 8, 1994
SUBJECT: Report on Central Contra Costa Sanitary District/Contra Costa Water District agreement
for use of recycled water.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
In October 1994, the Central Sanitary District and Contra Costa Water District (CCWD) Boards
approved an agreement which allows the use of recycled water under differing scenarios, setting the
stage for proactive recycled water development. The agreement settles past disputes and dictates
steps for cooperation between the two districts. The agreement sets forth a process by which one
or both districts may move forward with recycled water projects, in the event that one agency elects
not to participate.
REASON FOR RECOMMENDATION/BACKGROUND
The inability of non-potable water purveyors to engage in recycled water supply activities has, in the
past been problematic, inthose cases where the water and wastewater agency are not the same
entity. In addition, there are other secondary effects related to supply and financial issues which must
be worked out between districts. These issues have, to date, prevented meaningful progress on
recycled water projects. 'On February 15, 1994, frustrated with the lack of progress, Supervisors
Powers and Smith directed the Water Agency to explore methods by which to facilitate county-wide
maximization of recycled water supplies. Several meetings were held with water and wastewater
districts. Since that time; the East Bay Municipal Utility District has signed an agreement with the
Dublin-San Ramon Services District for maximum use of reclaimed water in the San Ramon area.
The agreement between Central Sanitary District and CCWD will allow Central Sanitary District plans
for recycled water use in landscape irrigation using the shell pipeline to proceed.
CONTINUED ON ATTACHMENT: : YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
pervisor Tom Powers S4s . mith
ACTION OF BOARD ON NUTH 100AAPPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Roberta Goulart (510) 646-2071 ATTESTED NOV 8 1994
cc: Community Development Department PHIL BATCHELOR, CLERK OF THE
Public Works Department BOARD OF SUPERVISORS AND
County Counsel COUNTY ADMINISTRATOR
BY: �. , DEPUTY
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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 t`-.is 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 Page 1
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 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 taus 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. which provides certain authority that the
construction of facilities to provide or extend service, or for the provision or
extension of service,to or within the service area of a public entity,may constitute a
taking of property. One purpose of this General Agreement is to provide a
mechanism for the construction of facilities to provide or extend service or for the
provision or extension of service by CCCSD in the service area of CCWD by
project specific agreements with CCWD so as to not amount to such a taking;
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 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 Page 4
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. "NaX Plant" means the existing CCWD recycled water facilities located on
CCCSD's treatment plant site as of the Effective Date of this General Agreement
which includes ion exchange softeners, resin storage tank, operation building,
influent pumps, waste brine equalization tank and pumps,brine makeup basin and
pumps, influent and effluent meter vaults, influent, effluent and brine discharge
pipelines, ancillary piping and valves (above and below ground), electrical and
instrument conduits, SCADA equipment, motor control centers, and ancillary
equipment, as generally shown on Exhibit B.
d. "NPDES permit" means the National Pollutant Discharge Elimination System
permit issued by the RWQCB to each district respectively as the context requires.
e. "Potable water" means water which conforms to federal, state and local agency
standards for human consumption.
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 define 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 Page 5
i. "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 of ten (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
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
CCWD, CCCSD and PG&E for separate metering of the power supply shall be
General Agreement for Recycled Water Page 7
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 NaX Plant,CCWD shall bear all
costs of operation and maintenance of the NaX Plant unless otherwise provided for
by a project specific agreement.
CCWD shall maintain the NaX Plant and shall have the right of access to the NaX
Plant for operation and maintenance activities, subject to the indemnification
provisions in Section 13. CCWD shall have access to limited quantities of recycled
water at no cost from CCCSD for the sole purpose of maintaining the 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
agreement signed by the districts' general managers. CCWD shall provide CCCSD
General Agreement for Recycled Water Page 8
reasonable notice of CCWD's intent to use recycled water and coordinate with
CCCSD operational personnel prior to diverting recycled water to the NaX Plant for
the aforementioned purposes. CCWD shall discharge all recycled water used for
maintaining or testing the NaX Plant to the CCCSD outfall under CCWD's NPDES
Permit No. CA0028207 unless CCCSD specifies another discharge location.
CCWD shall retain the right to discharge brine into CCCSD's outfall from the NaX
Plant operation as stipulated in the existing CCWD NPDES Permit No.
CA0028207 or such other permit(s) replacing this permit. CCWD shall report any
violations of this NPDES permit to CCCSD in a timely manner. CCWD shall bear
all costs of fees and charges for said NPDES permit(s), and shall be solely
responsible for complying with said permit(s).
7. DEVELOPMENT OF FUTURE PROJECTS
a. Recycled water projects may be developed jointly,or by either district. All recycled
water projects shall initially be proposed for joint participation. The following
sections describe the process 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 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:
(1) CCCSD shall submit a request for purveyorship for a defined recycled water
project which will include the following information:
(i) A specific recycled water project description, including location, list
of potential customers,and recycled water services to be provided.
(ii) Copies of signed requests for recycled water service. The requests
for recycled water service shall include,as a minimum, limitations of
recycled water service, citations of applicable laws and regulations
relating to recycled water,relative services to be provided by CCCSD
and CCWD including names and phone numbers of CCCSD and
CCWD contacts or service representatives, and an attachment
specifying the then current process to be followed, and costs to be
incurred,in the event the customer wishes to resume or initiate non-
recycled water service as provided by CCWD. Within 30 days of
declining to participate in a proposed joint project, CCWD agrees to
provide one copy of the aforementioned attachment, as approved by
CCWD for public distribution, to CCCSD for attachment to the
requests for recycled water service. For immediate use,CCWD shall
provide CCCSD with such an attachment within 30 days of the
Effective Date of this General Agreement.
(2) CCWD shall, in a timely manner, authorize CCCSD through a project
specific agreement to provide the defined recycled water services and purvey
recycled water for the specific project and CCCSD shall assume all recycled
water service responsibilities and obligations for those recycled water
customers.
General Agreement for Recycled Water 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
defined recycled water project under a project specific agreement.
(5) Unless otherwise specified in a project specific agreement, CCWD shall not
seek any compensation from CCCSD or the project's recycled water
customers for costs related to the project.
d. Should CCWD propose a recycled water project and CCCSD decline to participate
in such a joint project:
(1) CCWD shall submit a request for effluent to CCCSD.
(2) A project specific agreement shall be developed containing necessary
provisions,including 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 specific agreement,
General Agreement for Recycled Water Page 11
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.
(iiiv) 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 pu.)ducing 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. RESPONSIBILITY FOR COMPLIANCE WITH LAW
Each district shall be responsible for its own acts and omissions and for compliance with all
applicable laws with respect to its respective undertakings under this General Agreement,
including without limitation all waste discharge requirements and warnings required by the
RWQCB or otherwise in connection with recycled water. Should one district learn or have
reason to believe that a violation of such laws,statutes,ordinances,orders and/or regulations
by itself or the other district has occurred or is threatened, that district shall promptly so
inform the other district.
General Agreement for Recycled Water Page 12
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
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
General Agreement for Recycled Water Page 13
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 CENTRAL CONTRA COSTA
General Manager SANITARY DISTRICT
Contra Costa Water District General Manager
P.O. Box H2O Central Contra Costa Sanitary District
1331 Concord Avenue 5019 Imhoff Place
Concord, CA 94524 Martinez, CA 94553
Telephone: (510) 674-8000 Telephone: (510) 229-7300
Facsimile: (510) 674-8197 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 CCWD
or its officers, directors, employees, or agents in connection with this General
Agreement or arising out of CCWD's breach of this General Agreement.
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
misconduct, or comparative faults, and the obligation to defend shall apply for such
General Agreement for Recycled Water Page 14
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 coveragz
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 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 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 § 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 (§
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 effect following a request for
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 reached and
neither district has requested arbitration regarding the impacts of termination, or if both
General Agreement for Recycled Water Page 17
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. Joseph L. Campbell By. Susan McNulty Rainey
President-Board of Directors President-Board of Directors
ATTEST: ATTEST:
By: By.
District Secretary District Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Legal Counsel Legal Counsel
MBA/ARJ -rlr-31
General Agreement for Recycled Water Page 18
Exhibit
CCWD 2(Y RECYCLED WATER
CCWD 30'RECYCLED WATER PIPELINE PIPELINE TO TOSCO REFINERY LEGEND:
— — — _ — —(SEE EXHIBIT C) CCCSD PROPERTY BOUNDARY
CCCSD RECYCLED WATER FACILITIES
I — — — — CCCSD EASEMENT
CCWD 30'PIPELINE
CCWD EASEMENTS I BUTTERFLY VALVE AT — — — — EASEMENTS OTHER THAN CCCSD
END OF 42'PIPELINE
TO/FROM RECYCLED — — — — I .00
WATER STORAGE TANKS — — — _ _ _ _ _ _ 1 STA. 65+22.9
(SEE EXHIBIT C) I /• '
STA. 54+48.85 I �' /• NOTE:
I EXISTING CCCSD RECYCLED WATER
T � Y/ DISTRIBUTION SYSTEM SERVING
CCCSD EASEMENT—� ; , LOCALIZED CUSTOMERS NOT SHOWN.
N
NOT TO SCALE . /• CCCSD
7Y OUTFALL
' /• PIPELINE
r'
- CCWD 8'BRINE
' —• . -- • - '�' DISCHARGE PIPELINE
• `J,1
•�CCCSD
PROPERTY t
• BOUNDARY 1
CCCSD 42'INDUSTRIAL �1
RECYCLED WATER PIPELINE
CCWD NAX PLANT {1
(SEE EXHIBIT B) 1`
• o CCCSD CLEARWELL 1`
MP STATION +`
TRUCK FILL \J1+
•� STATION 11
CCCSD CCCSD
FLS (LFARWELL 1
ccCSD �1
FILTER PLANT D
FOREBAY PUMPS CCCSD
FILTER PLANT
FOREBAY
IMHOFF DR
_ . . . . . . . . . _ .. . ..�
General Agreement for Recycled Water Between
Central Contra Costa Sanitary District and Contra Costa Water District
CCCSD Recycled Water Facilities Location Map
r
_ Exhibit B
To Susuin Bay LEGEND
CCCSD ------ CCCSD Existing Reycled Water Facilities
Property Line
xlf-CHH- Atchison Topeaka&Santa Fe RR
Atchison Topeaka
CCWD NaX Plant
&Santa Fe RR / Pt,3
/ — – CCCSD Property Line
,
Termini of CCWD NaX Plant
,
^; Pt.i-Connection to CCCSD 60-inch Filter Effluent Pipeline
��• Pt.2-Connection to CCCSD Clearwell Pump Station
To CCWD Recycled Water % Pt.3-Connection to CCCSD 72-inch Outfall Pipeline
Facility(see Exhibit C) i!' %
Pt.4-Connection to CCCSD 42-inch Industrial Recycled Water
c ;
?. Pipeline
` Note: CCWD O&M responsibilities of the NaX Plant
ear extend to and include the four connections(P1,P2,
,eo P3,and P4)to the CCCSD existing recycled water
r� facilities.
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f--CCCSD 304nch Backwash Pipeline to I Mer Plant-----
Pumps
Pt.2 000 ,.
CCCSD
Effluent
Pumps
30-inch Influent ------------------------------------------
PipeLine
CCCSD CLEARWELL
1
60-inch CCCSD Filter Plant Effluent Pipeline to Clearwell
General Agreement for Recycled Water Between
Central Contra Costa Sanitary District and Contra Costa Water District
CCWD NaX Plant on CCCSD's Treatment Plant Site-Location Map
Exhibit C
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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 Ta(3)shall contain,as minimum,the following
information:
1. Project Characteristics
• Project Description
• Basis for Project Implementation Schedule
• Potential Customers
• Technical Requirements(e.g.,pressure,flow,head loss,velocity,pumping
stations and storage reservoir design assumptions including redundancy
requirements)
• Regulatory Requirements
• Water Quality Standards
• Customer Service Regulations
• Initial Environmental Assessment
• Existing Water Service Capacity Replaced by Recycled Water Service
(e.g.,average and maximum day,peak hour,etc.)
2. Recycled Water Service Reliability
• Assessment of Reliability
• Mitigation Measures as Needed
3. Emergency Back-Up Supply from CCWD
• Definition of Requirements
4. Economic and Financial Assessment
• Planning Level Cost Estimates(e.g.,capital,O&M,life cycle,total cost per
acre-foot on annualized and present worth cost basis)
• Economic Justification(e.g.,beneficiaries and monetary benefits)
• Existing Water Service Revenues Replaced Based on Current Rates and
Consumption
• Financing Assumptions
• Customer Water Rates Assumptions
EXHIBIT E
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u6p-aj Kxi/SOIL/sdsjo3/yrsn/ 9060 t661•d3S•►I
FEB-09-1994 15:42 FROM DISTRICT 1 SUPERVISOR TO CLRK OF BOARD P.01
BOARD OF SUPERVISORS
L.
Contra
VROM: Supervisor Tom Powers and Supervisor Jeff Smith
Costa
s
DATE: February 15, 9994
County
Sunman Reclaimed Water Usage
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)i BACKQROUHO AND JUSTIFICATION
Recommendation:
1. Direct Contra Costa Water Agency to explore with sewer district's
county-wide plan for recycling secondary treated water for such
uses as golf courses and other outdoor Irrigation projects.
2. Determine If other pipelines, besides the Shelf pipeline, can be used
for major distribution of reclaimed water.
3. Refer this item to staff and the Water Committee to discuss.
11acicaround:
Water has become a precious commodity and needs to be conserved wherever
possible. Contra Costa County has taken steps in the past to require drought resistant
planting in new home developments and duel water systems for both fresh and
recycled water.
Recently, some sewer districts have indicated a willingness to work with water
purveyors In an effort to recycle, for appropriate outdoor uses, their secondary treated
water. What the agencies need Is a distribution system and a willing participant to
purvey the recycled water.
Shell Oil Company has agreed to allow Contra Costa County to use a major
pipeline for water distribution. There may be other usable pipelines for this some
purpose. Since the Contra Costa Water Agency Is an agency which can purvey water
to customers, we should try to assist the public in conserving fresh water by setting up
e comprehensive recycling and distribution network for recycled water. Such an effort
has not been undertaken or planned by any other agency. Cooperation between our
own sewer districts and Independent sewer districts could result In a major rt to
conserve precious resources.
CONTINUED ON ATTACHMENT: YES IIIONATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
—.—APPROVE .._..OTHER
SIGNATURE(ft
r ��I
I�
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS 15 A TRUE
UNANIMOUS(ABSENT ` AND CORRECT COPY OF AN ACTION TAKEN
AYES: HOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT. ABSTAIN. OF SUPERVISORS ON THE DATE SHOWN.
ac: ATTESTED
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
• ,.�«,.,, BY .DEPUTY