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CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: February 13, 2001

Subject/Title: Long-Term Water Treatment Options Study Cost Sharing with Contra Costa Water District

Submitted by: Engineering: J. Stevenson / P. Eldredge

Approved by: Jon Elam, City Manager

RECOMMENDATION
Approve a Resolution authorizing the City Manager to enter into an Agreement with the Contra Costa Water District for cost sharing of consultant expenses for a study to determine the intricate details for the long-term use of Randall-Bold for treatment of the City’s surface water supply and authorizing staff to utilize the funds set aside for this CIP Project in FY02.

PREVIOUS ACTION
On September 26, 1995, the Council approved Resolution 95-215 authorizing the execution of an agreement with the Contra Costa Water District for water supply. This agreement was signed on October 19, 1995.

On March 10, 1998, the Council approved Resolution 98-41 approving the principles of agreement between East Contra Costa Irrigation District (ECCID), Contra Costa Water District (CCWD) and the City of Brentwood for Long-Term Water Supply and authorizing the City Engineer to continue negotiations with ECCID and CCWD to reach a mutually beneficial agreement for all parties.

On December 14, 1999, the Council approved Resolution 99-254 approving the agreements between East Contra Costa Irrigation District (ECCID), Contra Costa Water District (CCWD) and the City of Brentwood for long-term water supply, conveyance and treatment.

BACKGROUND
On December 14, 1999, the City of Brentwood entered into agreements with ECCID for the purchase of a long-term source of surface water and with CCWD for (among other things) the interim treatment of this water until 2006, and the cost of this treatment. Also included in the agreement between the City and CCWD was the concurrence that both agencies would negotiate for the long-term water treatment options for Randall-Bold Water Treatment Plant (RBWTP) by December 31, 2003. City staff had already conducted studies to evaluate several alternatives for the City’s long-term surface water treatment and the RBWTP option was the most favorable from a technical, financial and operational standpoint.

The City and CCWD began these negotiations for long-term treatment and RBWTP in August of 2000. Representatives from the City and CCWD have met on five occasions to develop a plan to study treatment alternatives, complete design documents and eventually construct an expansion at the RBWTP.

The proposed Memorandum Of Understanding (MOU) provides joint funding of a consultant study to evaluate long-term treatment alternatives at the RBWTP including but not limited to expanding the existing plant, constructing a new plant adjacent to the existing facility, utilizing advance treatment technologies (membrane filtration) and the costs associated with these options for each respective agency. The City and CCWD would equally share in funding the study. CCWD will provide the initial funding in FY01, with the City providing its share in FY02. CCWD will administer the consultant contract, while both the City and CCWD will participate in the consultant selection process and in reviewing and commenting as required on the deliverables.

The estimated cost of the study is $200,000 which will be divided equally between the City and CCWD. A project budget sheet will be included in this year’s CIP budget and will include the funds for this study.

Attachments:
Resolution
Site Map
Agreement
RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CONTRA COSTA WATER DISTRICT FOR COST SHARING OF CONSULTANT EXPENSES ON A STUDY TO DETERMINE THE INTRICATE DETAILS FOR THE LONG-TERM USE OF RANDALL-BOLD FOR TREATMENT OF THE CITY’S SURFACE WATER SUPPLY AND AUTHORIZE STAFF TO UTILIZE THE FUNDS SET ASIDE FOR THIS CIP PROJECT IN FY02



WHEREAS, on December 14, 1999, the City of Brentwood entered into agreements with ECCID for the purchase of a long-term source of surface water and with CCWD for among other things, the interim treatment of this water until 2006 and the cost of this treatment; and

WHEREAS, also included in the agreement between the City and CCWD was the concurrence that both agencies would negotiate for the long-term water treatment options for Randall-Bold Water Treatment Plant (RBWTP) by December 31, 2003; and

WHEREAS, City staff had already conducted studies to evaluate several alternatives for the City’s long-term surface water treatment and the RBWTP option was the most favorable from a technical, financial and operational standpoint; and

WHEREAS, representatives from the City and CCWD have met on five occasions to develop a plan to study treatment alternatives, complete design documents and eventually construct an expansion at the RBWTP; and

WHEREAS, the proposed Memorandum Of Understanding (MOU) provides joint funding of a consultant study to evaluate long-term treatment alternatives at the RBWTP including but not limited to expanding the existing plant, constructing a new plant adjacent to the existing facility, utilizing advance treatment technologies (membrane filtration) and the costs associated with these options for each respective agency.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the City Manager is authorized to enter into an Agreement with the Contra Costa Water District for cost sharing of consultant expenses on a study to determine the intricate details for the long-term use of Randall-Bold for Treatment of the City’s surface water supply and authorize staff to utilize the funds set aside for this CIP Project in FY02.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of February, 2001 by the following vote:


MEMORANDUM OF UNDERSTANDING CONCERNING A STUDY OF WATER TREATMENT OPTIONS


THIS MEMORANDUM OF UNDERSTANDING, made and entered into this ___ day of _________ 2001, by and between the CITY OF BRENTWOOD, a municipal corporation existing under the laws of the State of California, hereinafter referred to as “City”, and CONTRA COSTA WATER DISTRICT, a county water district organized and existing under Division 12, commencing with Section 30000 of the California Water Code, hereinafter referred to as "CCWD."

RECITALS

A. City and CCWD executed an agreement, dated February 29, 2000, ("2000 Agreement") that included, among other concerns, water treatment services for City at CCWD's Randall-Bold Water Treatment Plant on an interim basis; 

B. The 2000 Agreement also provided that a study by both parties would be conducted to evaluate CCWD’s and City's long term treatment options at the Randall-Bold Treatment Plant; and.

C. This Memorandum of Understanding ("MOU") is intended to set forth the cost sharing responsibilities and other responsibilities of the parties.


NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 – SCOPE OF SERVICES

CCWD and City will jointly issue a Request for Proposal to qualified consultants. Final selection of the consultant will be by mutual agreement.

CCWD and City shall participate in contract negotiations with the selected consultant, and approve the final scope of work, schedule and budget. For ease of administration, the parties have agreed that the consultant contract will be between the consultant and the CCWD.

CCWD shall administer the contract with the consultant. CCWD shall provide regular updates to the City regarding the status of the budget and contract management. The parties agree to coordinate and cooperate to ensure the Study is completed according to the agreed upon schedule and budget. No changes to the scope, schedule or budget will be made without concurrence of both the City and the CCWD. CCWD and City will each review deliverables, and no deliverable will be deemed complete until both parties have so stipulated. All deliverables will be jointly owned.

If either City or CCWD desire the consultant to provide services outside the scope of work that is solely for the benefit of one party, that party desiring the services shall bear the full costs thereof, and shall receive the deliverables therefor and shall solely determine when said services are complete.


SECTION 2 – TERM

The services to be performed under this MOU shall commence on February 13, 2001 and be completed by June 30, 2002.

SECTION 3 – PAYMENT

CCWD and City will pay equal shares of the actual cost of the Study. For purposes of this MOU, “cost of the Study” refers to consultant costs and does not include staff time or in-kind services from either party, the cost of which shall be borne by the party providing the time or services. For budgeting purposes, the consultant costs for the Study are estimated to approximate $200,000. The District will fund $100,000 beginning in FY01; the City will fund $100,000 beginning in FY02.

The City shall deposit its share of the estimated cost of the Study with CCWD within the first 30 days of FY02. CCWD, as contract administrator, will approve and pay consultant invoices. Final payment will be made only after CCWD and City agree that the consultant’s work has been satisfactorily completed. All unspent funds after acceptance of the Study by both parties will be distributed in a manner consistent with the equal cost share principle. Such distribution will take place within 90 days of payment of the final consultant invoice.

SECTION 4 – TERMINATION

Without prejudice to such rights or remedies as CCWD and City shall otherwise have by law or in equity, City and CCWD shall have the right to terminate this MOU or suspend work under this MOU for any reason upon sixty (60) days’ written notice to the other party. CCWD agrees to inform consultant contracted to do the work to cease all work under this MOU upon receipt of said written notice.

Upon termination or expiration of this MOU, the obligations of the parties shall cease, save and except from those provided under Sections 5 through 11, inclusive.

SECTION 5 – OWNERSHIP OF DOCUMENTS

The Consultant shall furnish copies to City of all documents it has furnished to CCWD in connection with this MOU. All documents prepared in the performance of this MOU, although instruments of professional service, are and shall be the property of City and CCWD, whether the project for which they are made is executed or not. 

SECTION 6 - CONFIDENTIALITY

All reports and documents prepared in connection with the performance of this MOU are confidential until released to the public. CCWD and City agree that, except as the Public Records Act may otherwise provide, no such documents or information shall be made available to any individual or organization other than CCWD, City, and the Consultant, and their respective directors, officers, employees and agents, without the written consent of the other party.

SECTION 7 – INDEMNIFICATION

Under this MOU, CCWD and City shall indemnify, defend, and hold harmless each other, and their respective directors, officers, employees and agents from any claim, loss, injury, damage, and expense and liability in the manner set forth in article 11 of the 2000 Agreement between CCWD and City to the extent such claim, loss, injury, damage, and expense and liability arises out of the negligence, errors, omissions, or wrongful acts of the indemnifying party, its employees, subcontractors, or agents. Nothing in this MOU shall require CCWD to indemnify City for any claim, loss, injury, damage, and expense and liability arising out of the Consultant’s performance professional services.
For liability arising out of the Consultant’s performance professional services, CCWD shall include in the consulting services agreement its standard indemnity provisions requiring the Consultant to indemnify, defend, and hold harmless, City and CCWD, their directors, officers, employees, and agents from any loss, injury, damage, and expense and liability resulting from injury to or death of any person and loss of or damage to property, or claim of such injury, death, loss or damage, caused by an act or omission in the performance under the agreement with the Consultant, its employees, subcontractors, or agents, except for any loss, injury, or damage caused by the sole negligence or willful misconduct of personnel employed by City. 

SECTION 8 – INSURANCE

CCWD shall include in the consulting services agreement its standard insurance provisions requiring that the Consultant provide and maintain at a minimum the protections identified below.:

A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $5000,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.
C. Errors and omissions insurance in the minimum amount of $1,000,000.00 aggregate.
D. Workers Compensation in at least the minimum statutory limits.
E. General Provisions for all insurance. All insurance shall:
1. Include the City of Brentwood, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance.
2. Be primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance.
4. No changes in insurance may be made without the written approval of the CCWD.


SECTION 9 - DISPUTES

Disputes between the parties arising out of or in connection with this MOU shall be resolved according to the process set forth in article 10 of the 2000 Agreement between the CCWD and the City.


SECTION 10 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To City: City of Brentwood
c/o John Stevenson, City Engineer
150 City Park Way
Brentwood, CA 94513

To CCWD: Contra Costa Water District 
c/o Greg Gartrell, Director of Planning
P.O. Box H20
Concord, CA 94524 
San Mateo, CA 94403


SECTION 11 –INTEGRATION AND AMENDMENT

This MOU represents the entire and integrated agreement between City and CCWD and supersedes all prior negotiations, representations, and agreements, either written or oral, except for the 2000 Agreement, 
which remains in full force and effect.


This MOU may be amended or modified only by written instrument, signed by both City and CCWD.

IN WITNESS WHEREOF, City and CCWD have executed this MOU the day and year first above written.

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