DUBLIN SAN RAMON SERVICES DISTRICT Board of Directors
NOTICE OF REGULAR MEETING TIME: 6:00 p.m. DATE: Tuesday, September 1, 2015 PLACE: Regular Meeting Place 7051 Dublin Boulevard, Dublin, CA
AGENDA
(NEXT RESOLUTION NO. 67-15) (NEXT ORDINANCE NO. 338)
Our mission is to provide reliable and sustainable water and wastewater services to the communities we serve in a safe, efficient and environmentally responsible manner.
BUSINESS: REFERENCE ______Recommended Anticipated Action Time
1. CALL TO ORDER
2. PLEDGE TO THE FLAG
3. ROLL CALL – Members: Duarte, Halket, Howard, Vonheeder-Leopold
4. SPECIAL ANNOUNCEMENTS/ACTIVITIES
5. PUBLIC COMMENT (MEETING OPEN TO THE PUBLIC)
At this time those in the audience are encouraged to address the Board on any item of interest that is within the subject matter jurisdiction of the Board and not already included on tonight’s agenda. Comments should not exceed five minutes. Speakers’ cards are available from the District Secretary and should be completed and returned to the Secretary prior to addressing the Board. The President of the Board will recognize each speaker, at which time the speaker should proceed to the lectern, introduce him/herself, and then proceed with his/her comment.
6. REPORTS A. Reports by General Manager and Staff • Event Calendar • Correspondence to and from the Board
B. Agenda Management (consider order of items)
C. Committee Reports Tri-Valley Water Policy Roundtable July 22, 2015 Financial Affairs August 4, 2015
7. APPROVAL OF MINUTES - Regular Meeting of Executive Services Approve August 4, 2015 Supervisor by Motion Dublin San Ramon Services District Board of Directors Agenda, Regular Meeting, September 1, 2015 Page 2
BUSINESS: REFERENCE ______Recommended Anticipated Action Time
8. CONSENT CALENDAR
Matters listed under this item are considered routine and will be enacted by one Motion, in the form listed below. There will be no separate discussion of these items unless requested by a Member of the Board of Directors or the public prior to the time the Board votes on the Motion to adopt.
A. Approve Agreement with City of Dublin for Engineering Approve by Conversion to Irrigation with Recycled Water Services Resolution Manager
B. Approve Technical Services Agreements with JMB Engineering Approve by Construction, Inc., and C. Overaa and Co. for On- Services Resolution Call Construction and Repair - Mechanical Services Manager for Fiscal Years Ending 2016 through 2018
C. Approve Technical Services Agreements with JMB Engineering Approve by Construction, Inc., Mountain Cascade, Inc., and Services Resolution McGuire and Hester for On-Call Water and Sewer Manager Repairs for Fiscal Years Ending 2016 through 2018
D. Approve Travel to the Lucity CMMS User's Operations Accept Conference in Kansas City, Missouri, for the Field Manager by Motion Operations Supervisor and Water/Wastewater Systems Lead Operator
E. Accept the Following Regular and Recurring General Accept Reports: Warrant List and Upcoming Board Manager by Motion Business
F. Adopt Revised Proposition 218 Receipt, Tabulation General Approve by and Validation of Written Protests Policy and Manager Resolution Rescind Resolution No. 28-12
9. BOARD BUSINESS
A. Review and Discuss Drought Management Program General Discuss & 5 min Manager Provide Direction
B. Accept Water Supply and Demand and Drought General Accept 5 min Response Action Plan Status Reports and Find that Manager By Motion the Need for the Community Drought Emergency Still Exists
C. Discuss Potential District Programs: Instant Hot Engineering Discuss & 15 min Water Systems and Recycled Water Trucking and Services Provide Delivery Manager Direction Dublin San Ramon Services District Board of Directors Agenda, Regular Meeting, September 1, 2015 Page 3
BUSINESS: REFERENCE ______Recommended Anticipated Action Time
D. Discuss Long Term Alternative Water Supply Study Engineering Discuss & 10 min Services Provide Manager Direction
E. Review Draft Water Supply, Storage, Conveyance, Engineering Discuss & 10 min Quality and Conservation Policy Services Provide Manager Direction
F. Confirm District Participation in Public Opinion Engineering Approve 5 min Survey on Water Supply Services by Motion Manager
G. Approve Kaiser Permanente Dublin Medical Center Engineering Approve by 10 min Water Supply Assessment Services Resolution Manager
H. Update on Biosolids to Energy, Approve Engineering Approve by 20 min Reimbursement Agreement with Synagro-WWT, Services Resolution Inc., and Authorize Out of State Travel for District Manager Staff
I.. Decide whether to Fill Board Vacancy by Making an General Approve by 15 min Appointment or by Calling an Election Manager Resolution
J.. If Needed, Approve a Process and Schedule for the General Approve 10 min Appointment to Fill the Board Position Formerly Manager by Motion Held by Dawn L. Benson
K.. Approve Proclamation Honoring Dawn L. Benson General Approve 5 min Manger By Motion
L.. Approve Health Insurance Contribution for Calendar Administrative Approve by 5 min Year 2016 for Stationary Engineers Local 39, Services Resolution Professional, Mid-Management, Confidential and Manager Senior Management Employees and Rescind Resolution No. 65-15
M.. Approve Health Insurance Contribution for Calendar Administrative Approve by 5 min Year 2016 for Board of Directors and Rescind Services Resolution Resolution No. 66-15 Manager Dublin San Ramon Services District Board of Directors Agenda, Regular Meeting, September 1, 2015 Page 4
BUSINESS: REFERENCE ______Recommended Anticipated Action Time
10. BOARDMEMBER ITEMS • Submittal of Written Reports from Travel and Training Attended by Directors
11. ADJOURNMENT
BOARD CALENDAR*
Committee & Board Meetings Date Time Location Administrative Affairs September 15, 2015 4:30 p.m. District Office Regular Board Meeting September 15, 2015 6:00 p.m. District Office
*Note: Agendas for regular meetings of District Committees are posted not less than 72 hours prior to each Committee meeting at the District Administrative Offices, 7051 Dublin Boulevard, Dublin, California
All materials made available or distributed in open session at Board or Board Committee meetings are public information and are available for inspection at the front desk of the District Office at 7051 Dublin Blvd., Dublin, during business hours, or by calling the District Secretary at (925) 828-0515. A fee may be charged for copies. District facilities and meetings comply with the Americans with Disabilities Act. If special accommodations are needed, please contact the District Secretary as soon as possible, but at least two days prior to the meeting. DUBLIN SAN RAMON SERVICES DISTRICT MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS
August 4, 2015
1. CALL TO ORDER
A regular meeting of the Board of Directors was called to order at 6:00 p.m. by President Edward R. Duarte.
2. PLEDGE TO THE FLAG
3. ROLL CALL
Boardmembers present at start of meeting:
President Edward R. Duarte, Vice President D.L. (Pat) Howard, Director Richard M. Halket, Director Dawn L. Benson, and Director Georgean M. Vonheeder-Leopold.
Recusals:
Director Vonheeder-Leopold - Item 9.F Director Vonheeder-Leopold stated that she would recuse herself from any participation in any discussions, decisions, or voting on the Health Insurance Contribution for Calendar Year 2016 for Board of Director, Item 9.F, to ensure that she neither influence nor attempt to influence another member of the DSRSD Board regarding any matters pertinent to the item, consistent with applicable provisions of the Government Code, because she receives health benefits as a retired Boardmember of Dublin San Ramon Services District.
Director Vonheeder-Leopold departed from the Boardroom at approximately 6:45 p.m. before Item 9.F. She returned to the Board meeting at 6:53 p.m. after the conclusion of discussion of Item 9.F.
Director Halket – Items 9.F and 8.A Item 9.F - Director Halket stated that although he was not legally required to recuse himself participation in any discussions, decisions, or voting on the Health Insurance Contribution for Calendar Year 2016 for Board of Director, Item 9.F, that he was choosing to do so since he is a recipient of health care through the District as a current Boardmember.
Item 8.A - Director Halket stated that he would recuse himself from Item 8.A. (taken out of order after Item 9.F) Award Construction Agreement for Component 2 of the Recycled Water Expansion Phase 1 Distribution to West Dublin - Onsite Conversions Project (CIP 15-R009) to Valley Crest Landscape Maintenance, Inc., stating he lives within 500 feet of a District project site.
DRAFT Regular Meeting of the Board of Directors August 4, 2015
Director Halket departed from the Boardroom at approximately 6:45 p.m. before discussion of Item 9.F. began. He returned to the Board meeting at 6:55 p.m. after the conclusion of discussion of Items 9.F and 8.A.
V.P. Howard – Item 8.A V.P. Howard stated that he would recuse himself from Item 8.A (taken out of order after Item 9.F) Award Construction Agreement for Component 2 of the Recycled Water Expansion Phase 1 Distribution to West Dublin - Onsite Conversions Project (CIP 15-R009) to Valley Crest Landscape Maintenance, Inc., stating he lives within 500 feet of a District project site. V.P. Howard departed from the Boardroom at approximately 6:52 p.m. before discussion of Item 8.A began. He returned to the Board meeting at 6:55 p.m. after the conclusion of discussion of Item 8.A.
District staff present: Bert Michalczyk, General Manager; Dan McIntyre, Engineering Services Manager; John Archer, Administrative Services Manager/Treasurer; Dan Gallagher, Operations Manager; Doug Coty, Assistant General Counsel; and Nicole Genzale, Executive Services Supervisor/District Secretary.
4. SPECIAL ANNOUNCEMENTS/ACTIVITIES
President Duarte announced that a Financial Affairs Committee meeting of the Dublin San Ramon Services District Board of Directors was held at 5:15 p.m. today August 4, 2015; Directors Halket and Vonheeder-Leopold attended this meeting. Pursuant to Government Code section 54952.3, no Director will receive any compensation or stipend for participating in more than one meeting on this date, as further specified in DSRSD Policy P100-14-2, Day of Service.
Mr. Daniel Smith, Director of Operations Services at City of Pleasanton, presented an authorization letter and prepayment check for $475,000 to proceed with the Pleasanton Recycled Water Project with DERWA. He stated that the City was awarded a $5.2M Proposition 1 bond grant for the project’s funding. Mr. Smith thanked the District and District staff for the hard work and cooperation extended to Pleasanton to get the project to this point. He announced his upcoming retirement and so encouraged the agencies’ continued cooperative efforts for project success. Mr. Jim Bewley, DERWA Authority Manager, shared that Richard Sykes, EBMUD Director of Water & Natural Resources, regretted his absence tonight but expressed his pleasure with Mr. Smith’s announcement.
5. PUBLIC COMMENT (MEETING OPEN TO THE PUBLIC) – 6:10 p.m. There was no public comment received.
6. REPORTS
A. Reports by General Manager and Staff Event Calendar – General Manager Michalczyk reported on the following:
2 DRAFT Regular Meeting of the Board of Directors August 4, 2015 o A celebration for the West Dublin Recycled Water Pipe Expansion project will held at the Shannon Community Center on Wednesday, August 12, 2015 at 10:30 a.m. o There is no business slated for the regular Board meeting scheduled for August 18 so the meeting will be canceled.
Correspondence to and from the Board on an Item not on the Agenda
Date Format From To Subject Response Recycled Thank you for Water Services opportunity to make a 7/23/14 Email – Farzad BOD presentation at 7/21/15 N/A Bozorgzad & Board Meeting Chris Connolly Recycled Water Service to Parks in Marlene 7/24/15 Email BOD GM West Dublin - N/A Massetti Thanking for referral information supplied Thank you for participation in Cranford Lane 8/4/15 Mail DSRSD National Night Out N/A Residents Celebration – donation of supplies
B. Agenda Management (consider order of items) – Due to anticipated Director recusals on Item 8.A, the Board agreed to remove Item 8.A from the Consent Calendar and take it after Item 9.F.
C. Committee Reports Tri-Valley Water Policy Roundtable Committee July 22, 2015 Financial Affairs Committee August 4, 2015
The Board did not make comments pertaining to the Financial Affairs Committee but did note that there is a separate agenda item on this agenda where there will be a discussion of the Tri-Valley Water Policy Roundtable Committee.
7. APPROVAL OF MINUTES – Regular Meeting of July 21, 2015
V.P. Howard MOVED for the approval of the July 21, 2015 minutes. Director Vonheeder- Leopold SECONDED the MOTION, which CARRIED with FOUR AYES, and ONE ABSTENTION (Benson).
8. CONSENT CALENDAR
Director Vonheeder-Leopold MOVED for approval of items 8.B and 8.C on the Consent Calendar. Director Howard SECONDED the MOTION, which CARRIED with FIVE AYES.
3 DRAFT Regular Meeting of the Board of Directors August 4, 2015
A. REMOVED and TAKEN AFTER ITEM 9.F- Award Construction Agreement for Component 2 of the Recycled Water Expansion Phase 1 Distribution to West Dublin - Onsite Conversions Project (CIP 15-R009) to Valley Crest Landscape Maintenance, Inc. – Approved – Resolution No. 67-15
Engineering Services Manager McIntyre stated that staff recommends award of the agreement for onsite conversions associated with this project and reported this will affect 35 customer sites.
No members of the public addressed the Board on this topic.
Director Benson MOVED to Award Construction Agreement for Component 2 of the Recycled Water Expansion Phase 1 Distribution to West Dublin - Onsite Conversions Project (CIP 15-R009) to Valley Crest Landscape Maintenance, Inc. Director Vonheeder-Leopold SECONDED the MOTION, which CARRIED with THREE AYES, TWO ABSENT (Halket, Howard).
B. Award Construction Agreement for the Secondary Clarifier No. 3 Rehabilitation Project (CIP 14-S013) to NMI Industrial Holdings, Inc. – Approved – Resolution No. 61-15
C. Approve First Amendment to the 457(b) Plan Administration Agreement with Nationwide Retirement Solutions – Approved – Resolution No. 62-15
9. BOARD BUSINESS
A. Discuss Drought Management Program
General Manager Michalczyk reported that this is a standing agenda item intended for discussion by the Board, staff and the public on the District’s Drought Management Program.
No members of the public addressed the Board on this topic.
The Board did not direct staff to develop any changes to the program.
B. Public Hearing: Adopt Engineer’s Report and Direct Levy of Annual Assessments in the Dougherty Valley Standby Charge District 2001-1 for Fiscal Year 2015-2016
Administrative Services Manager Archer introduced this annual item explaining the assessment is levied to cover estimated costs of providing water service to the Dougherty Valley. The levy is a pass through the District facilitates on behalf of Zone 7 as the Zone cannot charge customers in Contra Costa County. The assessments are placed on the tax roll for qualifying properties once the Engineer’s Report is adopted.
4 DRAFT Regular Meeting of the Board of Directors August 4, 2015
President Duarte declared the Public Hearing open.
No members of the public addressed the Board on this topic.
Director Halket MOVED to close the Public Hearing. Director Benson SECONDED the MOTION, which CARRIED with FIVE AYES.
Director Howard MOVED to adopt Resolution No. 63-15, adopting Engineer’s Report and Directing the Levy of Annual Assessments in the Dublin San Ramon Services District Dougherty Valley Standby Charge District 2001-1 for Fiscal Year 2015-2016. Director Benson SECONDED the MOTION, which CARRIED with FIVE AYES.
C. Approve an Operating Budget Increase and Updated Master Agreement with The Covello Group and Task Order for Construction Inspection Services
Engineering Services Manager McIntyre reported that due to the surge in new development and anticipated acceleration of projects in the near term, staff recommends approval of this item in order to supplement the District’s heavily impacted construction inspection services during this high service demand period.
The Board briefly discussed the matter and agreed this was an appropriate use of outside resources.
No members of the public addressed the Board on this topic.
Director Halket MOVED to adopt Resolution No. 64-15, approving an Operating Budget adjustment for Fiscal Year Ending 2016 for Construction Inspection Services, approving a Master Agreement for Consulting Services with The Covello Group, Inc., and authorizing the General Manager to execute a Task Order with The Covello Group, Inc. For development project Supplemental Construction Inspection Services. Director Vonheeder-Leopold SECONDED the MOTION, which CARRIED with FIVE AYES.
D. Discuss Tri-Valley Water Policy Roundtable - Activities on Water Reliability and Water Recycling
Engineering Services Manager McIntyre reviewed activities and discussions held at the fifth Tri-Valley Water Policy Roundtable (TVWPR) held on July 22, 2015. He reported that staff from the six participating agencies will meet tomorrow to formulate a framework for a community outreach engagement program for water supply issues, including Indirect Potable Reuse, as requested by elected officials.
Directors Vonheeder-Leopold and Halket attended the meeting and reported on the meeting activities and discussions as the District’s elected representatives. Notably, the City of Pleasanton has volunteered to be the lead agency for
5 DRAFT Regular Meeting of the Board of Directors August 4, 2015 community outreach efforts, including a survey, and determining community acceptance. Zone 7 is testing different portfolios, which includes IPR, and seems to be aligned with the retailors now. The meeting was very productive and resulted in a consensus from the participating agencies to begin outreach efforts. The Board and staff discussed District additional outreach and education opportunities including demonstrations of the District’s Reverse Osmosis facility when activated, and a possible Board tour of the Santa Clara Valley Water District facility.
No members of the public addressed the Board on this topic.
The Board was supportive of the TVWPR Committee efforts and actions thus far, and agreed that public outreach efforts should begin.
E. Approve Health Insurance Contribution for Calendar Year 2016 For Stationary Engineers Local 39, Professional, Mid-Management, Confidential and Senior Management Employees
Administrative Services Manager Archer presented the recommended health insurance premium contribution amounts for the District’s contributions towards employee health care. These monthly amounts are based on contractual requirements of the existing labor and Personal Services Agreements negotiated with staff, and rate increases from CalPERS. The rate increases vary by medical plan and may have some impact on open enrollment. The new rates will be effective January 1, 2016.
Director Halket thanked District employees for contributing to successful contract negotiations in 2007 during which they agreed to partner with the District to share health care costs.
No members of the public addressed the Board on this topic.
Director Vonheeder-Leopold MOVED to adopt Resolution No. 65-15, approving the Employer's Contribution under the Public Employees’ Medical and Hospital Care Act for Stationary Engineers Local 39, Professional, Mid-Management, Confidential, and Senior Management Employees. Director Howard SECONDED the MOTION, which CARRIED with FIVE AYES.
F. Approve Health Insurance Contribution for Calendar Year 2016 for Board of Directors
Administrative Services Manager Archer stated there is currently no policy as to how the District determines Boardmembers’ benefits. He noted that past practice has been to set those benefits at the same level as for employees of the District. He explained that the Board has the discretion to set any amount of its choosing. He reviewed the current and proposed rates. He stated that rates selected will also apply to the six (6) non-vested retired Boardmembers. Taking no action would result in the current rates remaining in effect.
6 DRAFT Regular Meeting of the Board of Directors August 4, 2015
V.P. Howard inquired as to other possible options and what the District’s intent may be concerning benefit and contribution levels looking forward. After brief discussion by the Board and staff, the Board referred this matter to the Administrative Affairs Committee for further fact finding and discussion.
No members of the public addressed the Board on this topic.
V.P. Howard MOVED to adopt Resolution No. 66-15, approving the Employer's Contribution under the Public Employees’ Medical and Hospital Care Act for Board of Directors at the same rates as approved for employees. Director Benson SECONDED the MOTION, which CARRIED with THREE AYES, TWO ABSENT (Halket, Vonheeder-Leopold).
10. BOARDMEMBER ITEMS
President Duarte and Director Vonheeder-Leopold both reported they attended a meeting of water agency leaders on Friday, July 31 at the Regional Wastewater Treatment Plant, and a “Defeat the Drought Expo” on Saturday, August 1 at the Dublin Fill Station. They reported that both events, hosted by Congressman Eric Swalwell, were well attended and summarized the activities and discussions held. Director Vonheeder-Leopold submitted a written report to Executive Services Supervisor Genzale.
Director Benson reported that her family attended the “Defeat the Drought” event and had shared positive feedback.
11. CLOSED SESSION
At 7:00 p.m. the Board went into Closed Session.
A. Public Employee Performance Evaluation – Pursuant to Government Code Section 54957 Title: General Manager
12. REPORT FROM CLOSED SESSION
At 7:42 p.m. the Board came out of Closed Session. President Duarte announced that there was no reportable action.
13. ADJOURNMENT
President Duarte adjourned the meeting at 7:43 p.m.
Submitted by,
Nicole Genzale Executive Services Supervisor
7 DRAFT Agenda Item 8A
Reference Type of Action Board Meeting of Engineering Services Manager Approve Agreement September 1, 2015 Subject Approve Agreement with City of Dublin for Conversion to Irrigation with Recycled Water
Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff D. McIntyre Board Member
Recommendation:
The Engineering Services Manager recommends the Board approve, by Resolution, the Agreement and Permit for Conversion of City of Dublin Parks, Streetscapes and Medians to Irrigation with Recycled Water.
Summary:
The District’s contractor is beginning the second component of the installation of the West Dublin Recycled Water Extension, which will install approximately 16,500 linear feet of 4, 6, and 8-inch pipe through west Dublin and will extend new recycled water irrigation services to 40 sites.
Sixteen of the sites to be retrofitted are City properties, with the largest being Shannon Park, Mape Park, Historic Park and Dolan Park. There are also several medians, streetscapes and other City sites that will be converted. An agreement is required for the conversion of each site in order to outline the responsibilities of both the District and the City, and to allow the District contractor to enter City property. In this agreement, the City has agreed to pay for a portion of the onsite conversions, and the City will grant to the District a pipeline that will cross through Mape Park. This agreement is similar to the agreement used for the Central Dublin Retrofit project that converted several City parks and other properties.
City staff is taking an identical version of the agreement to their Council for approval on September 1, 2015.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Yes S. Delight Engineering
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $0 A. 1. B. 2. 3. H:\Board\2015\09-01-15\8A City of Dublin RW Conversion Agreement\City Conversion Agree S&R.docx RESOLUTION NO. ______
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT APPROVING THE AGREEMENT AND PERMIT FOR CONVERSION OF CITY OF DUBLIN PARKS, STREETSCAPES, AND MEDIANS TO IRRIGATION WITH RECYCLED WATER
WHEREAS, the people of the State of California have a primary interest in the
development of facilities to recycle wastewater to supplement existing surface and underground
water supplies and to assist in meeting the future water requirements of the State (California Water
Code Sections 13510 and 13550); and
WHEREAS, the State of California is currently undergoing an unprecedented drought; and
WHEREAS, the Zone 7 Water Agency has determined that currently there is inadequate
water supply for build out of the water retailers’ General Plans and has identified increased use of
recycled water as a partial solution to the supply shortfall; and
WHEREAS, the Recycled Water Expansion Phase 1 – Distribution to West Dublin and
Alameda County Project (CIP 15-R009) (Project) provides a drought-proof water supply that is
available year-round for non-potable uses while preserving the Tri-Valley’s limited potable water
supply; and
WHEREAS, the Project will provide recycled water for landscape irrigation to 16 City of
Dublin Properties; and
WHEREAS, the District requires an easement on City of Dublin property for the
construction, installation, operation, maintenance and repair of the Project’s recycled water
distribution line; and
WHEREAS, the District requires permission to enter, occupy and use property owned by
the City of Dublin to retrofit the existing irrigation systems at City of Dublin properties to conform
to the District’s recycled water guidelines. Res. No. ______
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
DUBLIN SAN RAMON SERVICES DISTRICT, a public agency located in the counties of
Alameda and Contra Costa, California, as follows:
1. The standard form of the Agreement and Permit for Conversion of City of Dublin
Parks, Streetscapes, and Medians to Irrigation with Recycled Water, attached hereto
as Exhibit “A”, is hereby approved.
2. The General Manager and District Secretary are hereby authorized and directed to
execute and to attest thereto, respectively, said agreement for and on behalf of Dublin
San Ramon Services District.
ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, counties of Alameda and Contra Costa, at its regular meeting held on the 1st day of September 2015, and passed by the following vote:
AYES:
NOES:
ABSENT:
______Edward R. Duarte, President
ATTEST: ______Nicole Genzale, District Secretary
H:\Board\2015\09-01-15\City of Dublin RW Conversion Agreement\Agreement with City Resolution.doc
2 Exhibit A to Resolution
AGREEMENT AND PERMIT FOR CONVERSION OF CITY OF DUBLIN PARKS, STREETSCAPES, AND MEDIANS TO IRRIGATION WITH RECYCLED WATER
This AGREEMENT (“Agreement”) is entered into as of by and among CITY OF DUBLIN, in the county of Alameda (“CITY”) and the DUBLIN SAN RAMON SERVICES DISTRICT, a public agency in the counties of Alameda and Contra Costa, California (“DSRSD”) for use of recycled water at certain properties owned by the City of Dublin.
W I T N E S S E T H:
WHEREAS, the people of the State of California have a primary interest in the development of facilities to recycle wastewater to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the State (California Water Code Sections 13510 and 13550); and
WHEREAS, DSRSD enacted Ordinance 301 requiring use of recycled water for new irrigation uses as well as for existing irrigation uses where the use of recycled water is cost effective; and
WHEREAS, on April 1, 2015, the Governor of the State of California issued Executive Order B-29-15, which among other things, directed the State Water Resources Control Board to adopt regulations that require “commercial, industrial, and institutional properties, such as campuses, golf courses, and cemeteries,” to “immediately implement water efficiency measures to reduce potable water usage,” and “prohibit irrigation with potable water of ornamental turf on public street medians”; and
WHEREAS, conversion of existing irrigation systems to recycled water, where conversion is cost effective, is an important aspect of making recycled water cost effective for all users; and
WHEREAS, the City of Dublin properties are a major user of irrigation water, and many of these properties will be adjacent to DSRSD’s recycled water system, and are therefore cost effective for conversion to recycled water; and
WHEREAS, CITY currently uses recycled water to irrigate turf and other landscaping at various locations within the City; and
WHEREAS, it is the intent of CITY to use recycled water to irrigate turf and other landscaping at various additional parks, public street medians, and other City facilities within the City;
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Permission is hereby granted to DSRSD to enter, occupy and use that certain real property comprising those parks, public street medians, and other facilities owned by the CITY identified on Exhibit “C” (collectively, the “Premises”), as it may be updated from time to time, to be retrofitted for recycled water irrigation. This permission (“Permit”) is for the sole purpose of retrofitting, constructing, converting the irrigation and related systems at the above referenced locations to irrigate the Premises with recycled water.
Furthermore, permission is hereby granted to DSRSD to access Mape Park for the purpose of construction, installation, operation, maintenance and repair of a recycled water transmission line through Mape Park pending due execution of an Easement for that purpose, the legal description of which is described in Exhibit “A,” and the location of which is depicted on Exhibit “B,” both respectively attached hereto and incorporated herein by this reference.
This Permit is granted subject to the following terms and conditions:
1. Occupancy; Permit Revocable. DSRSD may occupy and use the Premises, concurrent with public use thereof, subject to the terms and conditions herein stated. This Permit does not constitute a deed, grant of easement, lease, conveyance or transfer of any property interest and is revocable. Said revocation of the Permit is effective upon giving at least thirty (30) days prior written notice of such revocation delivered as set forth in Paragraph 13 herein.
2. Scope of Retrofit Project Construction. DSRSD and CITY staff have met and agreed upon the facilities needed to be installed to retrofit the Premises for recycled water use (“Retrofit Improvements”). The Retrofit Improvements shall involve modifications of irrigation and related systems of the Premises as further described in the DSRSD construction drawings dated June 2015 an overview of the sites attached hereto as Exhibit “C”.
3. Duties and Responsibilities of the CITY.
(a) Project Representative. The CITY will provide a single point of contact (“CITY Representative”) to DSRSD for the duration of the project.
(b) CITY’s Operation of Retrofit Improvements and Use of Recycled Water. CITY agrees to use recycled water in accordance with applicable regulations and other provisions of law, and with DSRSD Standard Specifications and Drawings and DSRSD’s Recycled Water Use Guidelines and Requirements, as they may respectively be amended from time to time.
(c) Maintenance of Retrofit Improvements. CITY will be wholly responsible for maintenance of CITY irrigation systems after the Recycled Water Expansion Phase 1 – Distribution to Western Dublin Project (“Project”) is accepted by DSRSD. CITY will submit plans to DSRSD for any significant changes to on-site irrigation lines that are planned by CITY after the Project is accepted by DSRSD.
(d) Cross Connection Testing. CITY will provide a representative to be present during the on-site and cross-connection testing for the Retrofit Improvements. The cost of providing a CITY representative for testing shall be reimbursed by DSRSD based on the adopted CITY administrative fees at the time of testing. CITY will be responsible for any maintenance or repairs required to successfully perform cross-connection testing, including but not limited to replacement of any existing non-functional valves. The cost of providing a CITY representative for the time spent observing the testing shall be reimbursed by DSRSD based on the adopted CITY administrative fees at the time of testing. Nothing in the preceding sentence shall be deemed to require DSRSD to pay for the time that the CITY representative is performing maintenance, repairs, or replacement activities.
4. Duties and Responsibilities of DSRSD.
(a) Project Representative. DSRSD will provide a single point of contact (“DSRSD Representative”) to CITY for the duration of the project. The DSRSD Representative will be responsible for coordinating all construction activities with the “CITY Representative”. The CITY Representative will be provided an agenda for all pre-construction meetings and regular meetings during construction and may attend said meetings.
(b) Design of Retrofit Improvements. DSRSD will design Retrofit Improvements that include modifications of irrigation and related systems, signage, and public information in accordance with DSRSD Standard Specifications and Drawings for Design and Installation of Water and Wastewater Utilities (“DSRSD Standard Specifications and Drawings”) and all applicable requirements of the California Department of Public Health and Regional Water Quality Control Board.
(c) Coordination. DSRSD shall provide the CITY with a project schedule at least thirty (30) days prior to commencement of improvements. DSRSD will provide the CITY a minimum of two-weeks’ notice prior to testing of the irrigation system and/or Retrofit Improvements on the Premises. DSRSD shall provide City with written notification at least five (5) business days prior to temporarily shutting off potable water service to any park or facility.
(d) Cross-connection Testing. DSRSD will perform the on-site and cross-connection testing with the assistance of a CITY representative.
5. Cost of Project. DSRSD will pay the cost of the design and installation of the Retrofit Improvements. The CITY will pay the cost of modifications to the existing irrigation systems to redirect spray patterns off of existing picnic areas, benches, water fountains, park fixtures, and furnishings as required. The CITY will pay for any necessary inspection services during project construction through a separate task order under the reciprocal services agreement. DSRSD represents and agrees that the Retrofit Improvements will be installed either by DSRSD’s own personnel or by a contractor retained by DSRSD in accordance with any applicable provisions governing public works construction by DSRSD, including, but not limited to, applicable provisions of the Public Contracts Code and Labor Code.
6. Grant of Easement. CITY will grant DSRSD an easement for the construction, installation, operation, maintenance and repair of the recycled water transmission line in, under, over, along and across the real property, commonly known as Mape Park, the legal description of which easement is described in Exhibit “A,” and the location of which easement is depicted on Exhibit “B,” both respectively attached hereto and incorporated herein by this reference. The easement shall be substantially in the form comprising Exhibit “D” attached hereto and incorporated by reference herein.
7. Cost of Meters. DSRSD will purchase such new recycled or potable meters that it determines to be required for the conversion of existing facilities. 8. Usage Fees. The CITY’s recycled water usage fees at the Premises will be DSRSD recycled water rate, CITY will be billed based upon the same rate schedule as other recycled water users in Dublin.
9. Restoration of the Premises. DSRSD will restore the areas of work to a condition that is comparable to the conditions of the Premises at the commencement of work. Said restoration shall be to the reasonable satisfaction of the CITY. CITY will adjust irrigation heads as needed to avoid overspray on existing picnic areas, benches, water fountains, park fixtures, and furnishings as required.
10. Term; Earlier Termination. The term of this Agreement shall be 2 years from the date first hereinabove written; provided, that said term is not earlier terminated pursuant to the remaining provisions of this Paragraph 10 or, pursuant to the provisions of Paragraph 19, provided further that this Agreement is not modified so as to expire earlier, or be extended. DSRSD may terminate this agreement without cause by giving written notice to the CITY not less than ten (10) days prior to the effective date of termination. Likewise, CITY may terminate this agreement without cause by giving written notice to DSRSD not less than ten (10) days prior to the effective date of termination. The specific date of termination shall be included in said notice. Nothing herein contained shall be deemed a limitation upon the right of either party to terminate this agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to either party hereunder, or pursuant to applicable law or regulations, or the District Code.
Should DSRSD terminate this Agreement pursuant to this Paragraph 10, DSRSD shall, at DSRSD’s sole expense, restore irrigation and related systems of the Premises that DSRSD has already modified to their operational status prior to such modifications. Such restoration shall be complete within ninety (90) days of such termination, and shall be subject to all the terms of this Agreement, including provision 11, Indemnification/Hold Harmless.
11. Indemnification/Hold Harmless. DSRSD shall hold harmless, indemnify and defend the CITY, from and against all claims for liability, losses, damages, expenses, costs which may be brought against or suffered or sustained by the CITY, caused by, or alleged to have been caused by, the negligence, intentional tortious act or willful misconduct of DSRSD, its governing body, committees, officers, employees, consultants, contractors or agents in the performance of any services or work pursuant to this Agreement.
Additionally, the CITY shall hold harmless, indemnify and defend DSRSD, from and against all claims for liability, losses, damages, expenses, costs which may be brought against or suffered or sustained by DSRSD, caused by, or alleged to have been caused by, the negligence, intentional tortious act or willful misconduct of the CITY, its governing body, committees, officers, employees, consultants, contractors or agents in the performance of this Agreement.
Nothing herein contained shall be construed to require DSRSD to indemnify the CITY against any responsibility or liability in contravention of California Civil Code Section 2782. Nothing herein contained shall be construed deemed to contravene or supersede any of the provisions of the District Code, including without limitation those governing provision of water service. 12. Insurance. The parties to this Agreement acknowledge that they are covered by insurance related to their respective activities on the Premises and related to the Retrofit Improvement project in an amount that is deemed to be reasonable by their responsible governing bodies for foreseeable exposure to risks related to this project. The parties further agree to disclose information about their insurance on five (5) days written request as set forth herein.
13. Notices. All notices to be given hereunder shall be written, and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To DSRSD: General Manager Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568
To the CITY: City Manager 100 Civic Plaza Dublin, CA 94568
All writings, notices or communications shall be deemed to be served and shall be deemed to be made within five (5) business days of the date of mailing of the writing, notice or communication. All writings, noticed, and communications shall be addressed and directed as set forth in this Paragraph 13. Any change of address by any party must be made by giving written notice of the change to the parties within five (5) business days of said change and in the manner as stated herein.
14. Assignments. This Permit and the privileges granted to DSRSD hereunder shall not be assigned by DSRSD without prior written consent of the CITY, and any purported assignment lacking such consent shall be void.
15. Successors. The terms and conditions set forth herein shall be binding upon, and the benefits shall accrue to the successors in interest of DSRSD, its assigns, transferees, heirs or grantees.
16. Waiver. The waiver of any breach of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or another provision of this Agreement.
17. No Representations. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no agreement, statement or promise not contained in this Agreement shall be valid or binding.
18. Enforceability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
19. Amendments; Supplemental Agreements. Any modification or amendment of this Agreement shall be effective only if it is in writing, signed by the party to be charged, and a copy thereof properly delivered to the party seeking to enforce such modification. This Agreement may be amended or supplemented by agreements of the parties approved and executed in the same manner as the original agreement.
20. Attorney’s Fees. If any action, proceeding, or litigation is commenced arising out of or relating to this Agreement, or to enforce or collect any judgment or award, then the prevailing party shall be entitled to receive, in addition to any other relief that may be granted, the reasonable actual amount of attorney’s fees, costs, and expenses incurred in the action or proceeding.
21. Jurisdiction. The Agreement and the legal relations between the parties shall be governed by and construed in accordance with the laws of the State of California.
22. Dispute Resolution. In the event of a dispute between the parties in the interpretation of any provision of this Agreement or of the performance of either party expressly or impliedly required hereunder, prior to instituting any legal proceeding or action, the party claiming the dispute shall notify the other party in writing of the nature of said dispute and request a meeting to confer regarding resolution thereof.
Said parties shall meet and confer within ten (10) days of the date of said notice of dispute and shall endeavor in good faith to resolve said dispute by agreement. In the event that the parties, after a good faith effort, are unable to resolve the dispute, then the parties shall attempt to resolve the dispute through mediation. If resolution through mediation cannot be achieved, then the parties may enforce their respective rights in such manner as they shall mutually determine, provided that any litigation to resolve any dispute shall be commenced in a court of competent jurisdiction located within Alameda County.
23. Effective Date of Agreement. This Agreement becomes effective on the date of the last signature affixed hereto.
24. Paragraph Heading. Paragraph headings, as used herein, are for convenience only and shall not be deemed to alter or modify the meaning of the Paragraph headed thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first written.
Dated: DUBLIN SAN RAMON SERVICES DISTRICT, a public agency
By: Bert Michalczyk, General Manager Dublin San Ramon Services District
Attest:
Dated: CITY OF DUBLIN, a municipal corporation of the State of California
By: Christopher L. Foss, City Manager City of Dublin
Attest:
(Seal)
1868136.2
H:\ENGDEPT\CIP\15-R009 RW Exp Ph1 Dist W Dublin and AlaCo Fac\04 BOD-COM\City Conversion Agree\RW Irrigation Agmt with City of Dublin - Final - 7-27-15.docx EXHIBIT “A” LEGAL DESCRIPTION of FIFTEEN FOOT WIDE WATER LINE EASEMENT Lands of City of Dublin, California
ALL THAT REAL PROPERTY situated in the City of Dublin, County of Alameda, State of California, being a strip of land, fifteen feet (15’) in width lying through, over, across and contained entirely within that certain 2.58± acre parcel of land identified as the Mape Memorial Park, having the address 11711 Mape Way (formerly Plata Way), and as said parcel is described in that certain Quit Claim Deed from Dublin San Ramon Services District to the City of Dublin as said Deed was recorded July 1, 1988 by Document #88- 158846 in the records of said County, the herein described fifteen-foot (15’) wide Water Line Easement lying seven and one-half (7.50’) on both sides of the following described Centerline:
Commencing at a standard city street monument being a brass pin in concrete in a monument well found at the intersection of said Mape Way (formerly Plata Way) and San Sabana Way, as said streets and monument are shown on that certain map identified as Tract 2643, filed for record February 18, 1965 in Book 49 at Page 87 in the Records of said County; thence along the monument line as shown on said map, North 52˚48’00” East, 262.00 feet to a similar standard city street monument found at the intersection of said Mape Way and Calle Verde Road, as both monument and streets are shown on said map of Tract 2643, said Tract Map and two street monuments being hereby designated as the Basis of Bearings for the herein described Water Line Easement; thence, on a mathematical tie, South 03˚ 49’57” West, 40.55 feet to the Centerline Point of Beginning for the herein described Fifteen-foot wide Water Line Easement, said Point of Beginning being a point on a 42.00-foot radius circular curve of the southeasterly Right-of-Way line of said Mape Way, said point also being on the northeasterly parcel boundary line of said Mape Memorial Park; thence departing said common boundary line and advancing along the following three (3) centerline courses and distances:
1.) South 37˚ 09’28” East, 58.70 feet; thence,
2.) South 82˚ 09’28” East, 113.40 feet; thence,
3.) South 37˚ 09’27” East, 103.35 feet more or less to intersect and terminate at the southeasterly boundary line of the said Mape Memorial Park parcel, and being the Point of Terminus for said fifteen-foot wide Water Line Easement, the side lines of said Easement being lengthened or shortened as required so as to intersect with the Mape Memorial Park parcel boundary lines and encompassing 4,137 Square Feet more or less.
Page 1 of 2 EXHIBIT “A” LEGAL DESCRIPTION of FIFTEEN FOOT WIDE WATER LINE EASEMENT Lands of The City of Dublin, California August 13, 2015
The foregoing description together with Exhibit B - Plat of 15’ Wide Water Line Easement, being attached hereto and made a part hereof.
End of Description
SURVEYOR’S STATEMENT:
The foregoing Legal Description was prepared by the undersigned Professional Land Surveyor and is based on record data, information provided by others and field surveys that were done under my direct supervision and review. The data, call-outs, parcel areas and references contained hereon are true and accurate to the best of my knowledge and belief.
Kevin M. McGuire, CA P.L.S. # 6437 Date Quiet River Land Services, Inc. (925) 734-6788
Page 2 of 2
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R O Dublin Conversions of City Streetscape Conversions Recycled Water Existing L
Y C B
DR O C Y R Future Alignment Future Used for Properties Located in Alameda County
Recording Requested By: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 And When Recorded Mail To: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568
Space Above This Line For Recorder's Use Mail Tax Statements To: No Tax Due Record Without Fee, Government Section 27383
Nicole Genzale, District Secretary Dublin San Ramon Services District R&T Code 11911 – Consideration - 0 EASEMENT NO.______AFFECTS A.P.N. ESCROW NO.______
GRANT OF EASEMENT
By this instrument dated , for a valuable consideration,
hereinafter "GRANTOR", being owners of the real property described in Exhibit "A" attached hereto and incorporated by this reference, hereby GRANTS to DUBLIN SAN RAMON SERVICES DISTRICT, a political subdivision organized and existing under the community services district laws of the State of California, Counties of Alameda and Contra Costa, the following described interest in the real property located in the State of California, County of Alameda, City of Dublin: a perpetual Public Utility and Right of Way Easement for the purpose of excavating, installing, constructing, reconstructing, repairing, maintaining and operating improvements, including but not limited to sanitary sewer lines, potable water lines, recycled water lines, and all appurtenances thereto, together with the right of ingress and egress therefore, in, under, over, along and across that certain land:
As shown on plat map in Exhibit "B" attached hereto and incorporated by this reference.
GRANTOR hereby agrees to refrain from building, erecting or allowing any structure or improvement over the easement herein granted. IN WITNESS WHEREOF, GRANTOR has executed this Grant of Easement as of the day and year first above written.
GRANTOR
H:\Board\2015\09-01-15\City of Dublin RW Conversion Agreement\Agmt Exh D - Grant of Easement Alameda County.docx Rev. 12/04 Agenda Item 8B
Reference Type of Action Board Meeting of Engineering Services Manager Approve Technical Services September 1, 2015 Agreements Subject Approve Technical Services Agreements with JMB Construction, Inc., and C. Overaa and Co. for On-Call Construction and Repair - Mechanical Services for Fiscal Years Ending 2016 through 2018 Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff D. McIntyre Board Member
Recommendation:
The Engineering Services Manager recommends the Board of Directors approve, by Resolutions, multi-year Technical Services Agreements with JMB Construction, Inc., and C. Overaa and Co. for On-Call Construction and Repair - Mechanical Services for Fiscal Years Ending 2016 through 2018.
Summary:
The Wastewater Treatment Plant and Water Pump Stations are critical to maintaining the District’s ability to meet permit requirements for treated wastewater and potable water delivery. These facilities are regularly maintained and repaired by staff to keep operations of the facilities trouble free. However, from time to time major items break down. When this happens, staff has to do their best to accommodate the situation. Often staff must quickly find a contractor to come in to help repair the item. In order to expedite this type of repair, the District has solicited proposals to identify a short list of two (2) repair- mechanical services contractors based on their experience, safety rating and their ability to meet the time schedule of specific repairs. Since there is generally redundancy built into our systems, it is likely that the contractor(s) will be able to mobilize quickly enough to meet our needs. The agreement between the District and contractor is for three (3) years with an option to extend the period of services two (2) additional years for a total of five (5) years based upon satisfactory service and District need as determined by the General Manager.
The District issued a Request for Proposals for On-Call Construction and Repair – Mechanical Services (FYE 2016-2018) on August 4, 2015. A total of six (6) proposals were received on August 14, 2015. JMB Construction, Inc., and C. Overaa and Co. had the highest rated proposals. Most of the work will be on a time and materials basis so the actual cost of each assignment will be determined based upon contractor proficiency and efficiency associated with each situation. Staff closely monitors each assignment to minimize cost. Staff has reviewed the proposals and has determined that JMB Construction, Inc., and C. Overaa and Co. were best suited to meet the needs of the District.
Each contract has a not-to-exceed amount of $100,000 per fiscal year. Expenditures will be charged to the enterprise on which the work is performed.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Not Required R. Portugal Engineering
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R Not to exceed A. Regional Sewer Operations (Fund 300) 1. $100,000 per FY B. Water Operations (Fund 600) 2. 3. H:\Board\2015\09-01-15\8B Mechanical On-Call Agmt\On-Call WWTP S&R.docx RESOLUTION NO. ______
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT APPROVING AND AUTHORIZING EXECUTION OF TECHNICAL SERVICES AGREEMENT WITH JMB CONSTRUCTION, INC., FOR ON-CALL CONSTRUCTION AND REPAIR – MECHANICAL SERVICES FOR FISCAL YEARS ENDING 2016 THROUGH 2018
WHEREAS, facilities that serve current customers of Dublin San Ramon Services District
(District) are needed to be maintained at a prescribed level; and
WHEREAS, it is critical to repair District facilities in a timely and expeditious manner; and
WHEREAS, events requiring repair work and quantities of time and materials required for repair work are unpredictable; and
WHEREAS, on August 4, 2015 the District solicited proposals for On-Call Construction and Repair – Mechanical Services for Fiscal Years Ending 2016 through 2018 to create a short list of qualified contractors based on experience, safety rating, and ability to meet schedule; and
WHEREAS, pursuant to said solicitation, six (6) proposals were received on August 14,
2015 for the performance of said work and two (2) contractors were selected to be on the short list; and
WHEREAS, the contract documents have established a procedure for calling contractors on the short list; and
WHEREAS, it is the intention and desire of this Board to accept said pricing schedules for services rendered by each contractor on the short list.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
DUBLIN SAN RAMON SERVICES DISTRICT, a public agency located in the counties of
Alameda and Contra Costa, California, as follows:
1 Res. No. ______
1. The proposal of JMB Construction, Inc. is hereby accepted and said proposer has met all obligations requested in the request for proposal and is hereby selected to be on the short list of qualified contractors to complete the work on as needed basis. 2. That certain agreement titled “Technical Services Agreement” (Exhibit A) by and between Dublin San Ramon Services District, a California public agency, and JMB Construction, Inc., is hereby approved, and the General Manager and District Secretary are hereby authorized and directed to execute, and to attest thereto, respectively, said agreement for and on behalf of Dublin San Ramon Services District. 3. The General Manager is hereby authorized to exercise the option to extend the agreement for additional two (2) years. 4. The General Manager is hereby authorized to approve the payment for the services rendered by JMB Construction, Inc., as needed, up to the total sum not to exceed the annual budget limit. ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, counties of Alameda and Contra Costa, at its board meeting held on the 1st day of September 2015, and passed by the following vote:
AYES:
NOES:
ABSENT:
______Edward R. Duarte, President
ATTEST: ______Nicole Genzale, District Secretary
2
H:\Board\2015\09-01-15\8B Mechanical On-Call Agmt\On-Call WWTP JMB Res.docx Exhibit A to Resolution
DUBLIN SAN RAMON SERVICES DISTRICT Technical Services Agreement
THIS AGREEMENT for technical services is between Dublin San Ramon Services District ("District") and JMB Construction, Inc. ("Contractor"). Contractor's address is 132 South Maple Ave., South San Francisco, CA 94080, telephone (650) 267-5300, and fax number (650) 267-5301. Contractor is a [X] corporation, [ ] partnership, [ ] individual, having taxpayer's identification or Social Security number ______, and professional license class and number Class A Contractor License Number 715324.
Section 1: The Agreement. District and Contractor agree that Contractor shall perform technical services for District on the terms and conditions herein set forth in connection with District's ON-CALL CONSTRUCTION REPAIR - MECHANICAL SERVICES (FYE 2016 - 2018) Request for Proposals. The following documents are attached hereto and are a part of this Agreement:
Notice Inviting Proposals Instructions to Proposers Proposal Form Pricing Schedule Designation of Subcontractors Certification of Drug-Free Workplace Requirements Certification of Proposer’s Experience and Qualifications Acknowledgement of Insurance Requirements Non-collusion Affidavit Affidavit of Safety Compliance Bond of Faithful Performance Payment Bond General Liability Endorsement Auto Liability Endorsement Summary of Work Measurement and Payment General Agreement Provisions
This Agreement, including said attachments, constitutes the entire agreement between the parties and supersedes any prior proposals, representations, or understandings. This Agreement may be modified only by a written amendment signed by each party.
Section 2: Time of Performance. Unless otherwise stated in Summary of Work & Measurement and Payment, Contractor is authorized to commence performance of this Agreement upon its execution by the District and receipt of a Notice to Proceed from the District. The term of the initial contract will be from the date of its execution through June 30, 2018. The District reserves the right and Contractor accepts the contract subject to such reservation, to extend the contract annually for two (2) one year contract extensions, in accordance with the procedures set forth in Section 01010-2.1, Contract Terms and Duration (i.e. thru FYE 2020 {July 1, 2019 - June 30, 2020}).
Contractor shall complete all services requested by the District pursuant to this Agreement in accordance with the conditions of the General Agreement Provisions and the Specific Requirements.
Section 3: Payment. Contractor shall, at convenient intervals not more frequently than monthly, submit itemized statements of services performed at the rates and charges in the Pricing Schedule. District shall pay for work satisfactorily performed within thirty (30) days after receipt of a statement, less any retention withheld as specified in Summary of Work & Measurement and Payment. The total amount payable by District for Contractor's services pursuant to the Agreement shall not exceed $100,000 per fiscal year without the prior written approval of the District.
ON-CALL CONSTRUCTION REPAIR - MECHANICAL SERVICES (FYE 2016 - 2018) TSA Version Sept 2014 Section 4: Termination. District may terminate this Agreement at any time by fifteen (15) days prior written notice to Contractor. Upon termination, District shall pay Contractor for all amounts due for service rendered up to the date of termination.
Dated ______
DUBLIN SAN RAMON SERVICES DISTRICT CONTRACTOR
By: ______By: ______
Title: General Manager Title: ______
Attest: ______Nicole Genzale District Secretary
ON-CALL CONSTRUCTION REPAIR - MECHANICAL SERVICES (FYE 2016 - 2018) TSA Version Sept 2014 GENERAL AGREEMENT PROVISIONS
1. Bonds
Unless excused by the District, the Contractor shall furnish, on forms provided by the District, a Payment Bond and a Faithful Performance Bond, each of which shall be in an amount equal to One-hundred Thousand Dollars ($100,000). The Faithful Performance Bond is to secure the faithful performance of the Contract, and the Payment Bond is to secure the payment of those to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the Contractor in performing the work. Said bonds shall be secured from a surety company satisfactory to District or shall comply with the minimum requirements specified in sections 995.610 through 995.660 of the California Code of Civil Procedure.
2. Insurance
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scope and Limit of Insurance:
a. Commercial General Liability (CGL): Insurance Services Office Form CG0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automotive Liability: ISO Form Number CA0001 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains higher limits than the minimums shown above, the District requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District.
The insurance policies are to contain, or to be endorsed to contain, the following provisions:
a. Additional Insured Status: The District, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG20101185 or if not available, through the addition of both CG2010 and CG2037 if a later edition is used).
b. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with thirty (3) day notice to the District.
d. Waiver of Subrogation: Contractor hereby grants to District a waiver of any right to subrogation which any insurer of said Contractor may acquire against the District by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer.
e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the District. The District may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the District.
g. Verification of Coverage: Contractor shall furnish the District with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the District before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
h. Special Risks or Circumstances: The District reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
3. Hold Harmless and Indemnification
To the extent permitted by law, the Contractor shall hold harmless the District, its officers, agents and employees from, and indemnify and defend them against any liability, claim or loss for damage to any property or injury to or death of any person or persons in any case arising from or connected with the performance of the Agreement.
4. Laws and Regulations
The Contractor shall observe and comply with all Federal, State, and local laws, ordinances, codes, orders and regulations which in any manner affect those engaged or employed on the work, materials used in the work, or the conduct of the work. If any discrepancy or inconsistency should be discovered in this Agreement in relation to any such law, ordinance, code, order, or regulation, the Contractor shall report the same in writing to the District’s Contract Administrator. The Contractor shall indemnify, hold harmless and defend the District, its officers, agents and employees, against all claims or liability arising from violation of any such law, ordinance, code, order, or regulation, whether by the Contractor, the Contractor's employees, or its subcontractors. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
The Contractor or subcontractor offers and agrees to assign to the District all rights, title and interest in, and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2) commencing with Section 16700 (of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the District tenders final payment to the Contractor, without further acknowledgment by the parties. 5. Permits and Licenses
Unless otherwise provided, the Contractor shall obtain at his own expense all permits and licenses or property used in connection with the work, including all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500, and shall pay all taxes properly assessed against his/her equipment or property used in connection with the work. The Contractor shall possess a current and valid State of California Contractor's License/endorsement, and shall not employ any subcontractors that are not properly licensed in accordance with State law, or change any subcontractors listed in the Agreement without the consent of the District using the procedures set forth in Public Contract Code 4100 et. seq.
6. Sales and Use Taxes
The Contractor shall pay all sales and use taxes assessed by Federal, State, or local authorities on parts and materials furnished by the Contractor in the performance of the work.
7. Patents and Copyrights
The Contractor shall defend, indemnify, and save harmless the District, its officers, agents and employees against all claims or liability arising from the use of any patented or copyrighted design, device, material, or process used by Contractor or any subcontractors in the performance of the work.
8. Termination
If any or all services to be performed under the Agreement are abandoned by the Contractor, or if the District determines that the schedule of service is not being maintained, or that the Contractor is violating any of the conditions or provisions of the Agreement or failing to provide a consistently high level of service; and if the Contractor fails to remedy such default within three (3) days after receipt of written notice of such default, or, within three (3) days after receipt of District’s written consent to such longer period to remedy such default, fails to provide satisfactory evidence that such default will be promptly corrected, the District may, at its sole election, choose to terminate any or all portions of the Agreement, or withhold any amounts otherwise due under the Agreement. Thereupon, the District will have the right to complete such service by whatever method the District deems expedient. Any additional expense for completing such service shall be chargeable to the Contractor.
Additionally, the District may, at its option, terminate the Agreement in whole or in part, at any time, by written fifteen (15) day notice thereof to the Contractor, whether or not the Contractor is in default. Upon such termination, the Contractor shall waive any claims for damages, including loss of anticipated profits on account thereof.
9. Waste Disposal
The Contractor shall properly transport and dispose of all waste, including hazardous wastes, generated by these activities. Copies of proper disposal documentation must be maintained by the Contractor and submitted to District on demand.
10. Additions, Deletions and Changes
The District reserves the right to add, delete, or change the scope of work under this Agreement and may do so upon giving written notice to the Contractor. To the extent possible, payment will be made at the unit price set forth in Pricing Schedule. If other changes cause an increase or a reduction in the costs of this agreement, the parties shall attempt to negotiate an equitable adjustment based upon an acceptable lump sum proposal from the Contractor. Any agreed upon adjustment to the prices shall be incorporated in a written Change Order issued by the District, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order.
If the parties cannot agree on a lump sum adjustment, the Contractor shall proceed to do the additional work on a "force account" or time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, who are directly assigned to the force account work, including wages, fringe benefits, if any (as established by negotiated labor agreements or State prevailing wages), and a labor surcharge of thirty percent (30%) for all other fixed labor burdens such as workers' compensation and labor insurance, and labor taxes.
b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor.
c. Equipment rental, for those days or hours during which the equipment is in actual use based on actual rental and transportation invoices.
A fixed fee not to exceed ten percent (10%) of the costs of Items (a), (b), and (c) above covering the cost of general supervision, overhead, profit, bond, insurance, and any other general expenses.
11. Equal Opportunity Employer
The District is committed to equal employment opportunities. The District encourages the consideration and utilization of minority and women-owned businesses.
12. Successors and Assigns
Contractor shall not assign, sell, sublet, or subcontract all or any portion of this Agreement or any personal interest herein or any property, real or personal, used hereunder, without the prior written consent of the District. No assignments by Contractor shall be effective until the assignee shall, in writing, agree to assume and fully perform all of the terms and provisions of the Agreement.
13. Subcontractors
Nothing contained in the Agreement shall create any contractual relation between any subcontractor and the District. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Agreement. The Contractor is fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them, just as the Contractor is fully responsible for the acts and omissions of persons directly employed by the Contractor.
14. Responsibility for the Work
Until completion and acceptance of the work, the Contractor shall have the charge and care of the work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof from any other cause, whether or not arising from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause before its acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the District.
15. Inconsistencies and Omissions
Where the Agreement describes portions of the work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work necessary to complete the work in a satisfactory and workmanlike manner.
Unless specifically noted otherwise, the Agreement and all Attachments are intended to be complementary and applicable to each other.
In resolving inconsistencies among two or more portions of the Agreement and/or the Attachments, the most stringent requirements shall apply.
16. Inspection of Site(s)
The information provided by the District is not intended to be a substitute for, or a supplement to, the independent verification by the Contractor to the extent such independent investigation of site conditions is deemed necessary or desirable by the Contractor. The Contractor is required to satisfy itself, by personal examination of the site(s) of the work or by such other means as they may prefer, of the location and of the actual conditions at the site(s) of work. If, during the course of its examination, the Contractor finds facts or conditions which appear to be in conflict with the letter or spirit of the Agreement, bidding/proposal documents, the Contractor shall report the conflict in writing, to the District’s Contract Administrator, within a reasonable time before submitting its bid/proposal.
The submission of a bid/proposal shall constitute conclusive evidence that, if awarded the Agreement, the Contractor is relying on its own examination of the site(s) of the work, including existing facilities and conditions to be encountered on and in the vicinity of the site(s).
17. Examination of Agreement
The Contractor shall thoroughly examine and be familiar with the Agreement before submitting its proposal. Any inconsistencies or omissions found in the Agreement and/or Attachments shall be reported to the District’s Contract Administrator, who will clarify discrepancies or omissions, in writing, within a reasonable time.
The submission of a bid/proposal shall constitute an acknowledgment, upon which the District may rely, that the Contractor has thoroughly examined and is familiar with the Agreement, with the character, quality and scope of the work to be constructed under the Agreement, including the quality and quantity of the materials and services to be furnished, and all other requirements of the Agreement. The Contractor’s failure or neglect to examine and become familiar with the Agreement, shall in no way relieve it from any obligation with respect to its proposal or to the Agreement, and no claim for additional compensation will be allowed which is based upon a lack of knowledge or misinterpretation of any portion of the Agreement.
18. Waiver or Acquiescence
No action or failure to act by the District’s Contract Administrator or anyone else acting for the District shall constitute a waiver of any right or duty afforded under the Agreement nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 19. Liquidated Damages
It is agreed by the parties to the Agreement that time is of the essence in the completion of this work, and that in case all the work called for under the Agreement, or such portion thereof as may be designated by the District’s Contract Administrator, is not completed before the date specified in Section 2 (“Time of Performance”) of the Agreement or such earlier date as may be specified by the District’s Contract Administrator, or each District facility affected by the work is not restored to full service within the period specified by the District’s Contract Administrator for that facility, damage will be sustained by the District. As it is impracticable to determine the actual delay damage; it is, therefore, agreed that the Contractor shall pay liquidated damages to the District in the amount set forth in Section 2 of the Agreement. Contractor further agrees that if such liquidated damages are not promptly paid, the District may deduct the amount thereof from any moneys due, or that may become due, the Contractor under the Agreement.
20. Prevailing Wages
If any personnel of Contractor or any subcontractor of any tier performs work under the Agreement for which prevailing wages are required to be paid as determined by the Director of the Department of Industrial Relations, Consultant or such subcontractor shall pay the prevailing wage for such work and shall comply with all applicable provisions of the California Labor Code Section relating to public works (Section 1720 and following).
21. Safety
To protect the public’s safety as well as the safety of their employees, the District’s employees, and all persons at or on the site(s) of work, the Contractor and its subcontractors shall take all measures required to comply with all applicable Federal, State, County, and local laws, ordinances, codes, and regulations, including but not limited to, providing protection barriers and barricades, and signs. The Contractor shall be solely and completely responsible for performing all work under this Agreement so as to protect the safety of all persons and property at or near any site(s) of the work. The Contractor shall continually and diligently inspect all work, materials and equipment to discover, and shall be solely responsible for discovery and correction of, such conditions which might cause bodily harm to persons or damage to property. These requirements shall apply twenty-four (24) hours per day continuously during the term of this Agreement and shall not be limited to normal working hours. The District shall not be responsible in any way for the methods selected by the Contractor in discharging its exclusive responsibility for safety of its work hereunder.
The Contractor shall perform all work in a fire-safe manner. He shall supply and maintain on the site adequate fire-fighting equipment capable of extinguishing incipient fires. The Contractor shall comply with applicable Federal, local, and State fire-prevention regulations, or, if these regulations do not apply, applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction Operations (NFPA No. 241).
In the event of any spill or other release to the environment of any regulated chemical in any physical form that occurs on or immediately adjacent to the site(s) and arises from work under this contract, the Contractor shall immediately notify the District. The Contractor shall be responsible for all costs that result from any chemical spill or other release caused by the Contractor including, but not limited to containment, control, and disposal, and any fines or other damages lawfully assessed against the Contractor or the District.
The Contractor shall cooperate fully with District personnel while working within the scope of this contract.
The Contractor shall support a drug-and-alcohol free workplace. The unlawful use, possession, or distribution of a controlled substance within the site(s) of any work will not be tolerated. Employees of Contractor and subcontractors are prohibited from being under the influence of alcohol within the site(s) of any work. The Contractor shall be responsible for initiating, maintaining, and supervising safety and anti- substance abuse programs in connection with the work.
If the work to be performed under this contract involves confined space work, the Contractor shall prepare confined space operating and rescue procedures fully complying with the applicable provisions of Section 5158, Title 8, California Code of Regulations and shall submit the procedures to the District. The Contractor shall be fully responsible for the adequacy of the procedures. The District shall neither review nor accept the procedures, and the sole purpose of submitting the procedures is to advise the District that such procedures have been prepared.
To the extent required by Labor Code Section 6401.7, Contractor shall establish, implement, and maintain a written injury prevention program, and shall take all actions necessary to comply with all provisions thereof before proceeding with any work under the Agreement, including but not limited to furnishing and maintaining all safety equipment, test equipment, and safety apparel applicable to the work, enforcing the use of such equipment by its employees and the employees of any of its subcontractors, and furnishing all items necessary for giving first aid and other medical treatment to anyone injured at any site(s) of work, and shall provide for the immediate removal of such person to a hospital or a doctor’s care.
If death or serious injuries or illness, or serious damages are caused, the accident or illness shall be reported immediately by telephone or messenger to the District. In addition, the Contractor must promptly report in writing to the District, all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site(s), giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Agreement. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the District, giving full details of the claim.
22. Differing Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the District, in writing, of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated.
c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement.
In addition to giving written notice as described above upon encountering material that the Contractor believes may be “hazardous waste” as defined above, Contractor also shall immediately stop all work to any area affected by said material, if continuing work may present a substantial danger to persons or property exposed to the materials in connection with any work at the site. These obligations pertaining to “hazardous waste” shall apply only to such “hazardous waste” not shown or indicated in the Agreement documents to be within the scope of work.
The District, or the Contractor, if the District so directs in its sole discretion, shall promptly investigate the conditions, determine the necessity to retain a qualified expert to evaluate such hazardous condition, and/or to take corrective action, if necessary, and if the District finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the District shall cause to be issued a change order. Contractor shall not be required to resume work in connection with such hazardous condition identified in the Agreement documents, or in any such affected area until after District has obtained any required permits related thereto and delivered to Contractor special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of work, or (ii) specifying any special conditions under which such work may be resumed safely.
In the event that a dispute arises between the District and the Contractor whether the conditions materially differ, or involve hazardous waste (other than that shown or indicated in the Agreement documents), or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement provided that, if after receipt of the special written notice described above in this paragraph 22, Contractor does not agree to resume such work based upon a reasonable belief that it is unsafe to do so, or does not agree to resume such work under the special conditions specified in said special written notice, the District may at its sole election order the portion of the work affected by said hazardous waste to be deleted from the work, and the District may thereupon have the portion of the work so deleted performed by District’s own forces or by separate Agreement(s). The Contractor shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
No claim of the Contractor under this clause (or otherwise under this Agreement) shall be allowed unless the Contractor has given written notice of its intention to make claim (which shall be labeled "Notice of Potential Claim") before beginning any work that it contends is not required under the Agreement, or in within five (5) days of receipt of a decision of the District rejecting the Contractor’s request for additional compensation or a time extension. Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount.
It is agreed that unless such notice is properly given, the Contractor shall not recover costs incurred by it as a result of the alleged extra work, changed work, or other situation which, had proper notice been given, would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the District, and is not merely a formality. Such notice allows the District to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshal facts, and to plan its affairs.
In addition, the Contractor shall keep accurate records of its costs, and shall submit to the District on a weekly basis, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used and for which compensation is being sought. Within thirty (30) days after incurring the last cost for work for which the Contractor contends it is due additional compensation, the Contractor shall submit to the District, as best it is able, its costs itemized in detail incurred for the claimed matter.
Should either party to this Agreement bring legal action against the other, the case shall be handled in the California county where the work is being performed.
The Contractor shall cooperate with forces engaged in sampling, investigation, and clean-up work pertaining to hazardous waste (whether or not said hazardous waste is shown or indicated in the Agreement documents) and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces.
The District shall not be responsible for any such materials brought to the site by the Contractor, subcontractors, suppliers, or anyone else for whom the Contractor is responsible. 23. Retention
As specified in Public Contract Code Section 9203, District will deduct and retain five percent (5%) from each progress payment, if any, and will retain such amounts in accordance therewith as part security for the satisfactory and timely completion of the work until release thereof is required under Public Contract Code Section 7109.
In addition to the amount which the District may otherwise retain under the Agreement, the District may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Agreement, damage to the District or a third party, and any costs or penalties imposed because of the failure of the Contractor or any subcontractor to comply with environmental, labor, employee safety, or any other regulatory requirements. When the above reasons for withholding are resolved, payment may be made to the Contractor for amounts withheld less any District incurred expenses.
a. Pursuant to Public Contract Code Section 22300, for moneys earned by the Contractor and withheld by the District to ensure the performance of the Agreement or otherwise as provided above, the Contractor may, at their option, choose to substitute securities, meeting the requirements of said Section 22300. In the event the Contractor wishes to choose this option, the Contractor shall enter into an escrow agreement with the District and the escrow agent, a qualified bank to be acceptable to the District, in the form of the agreement included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing agreement.
b. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Agreement. If, upon written notice from the District, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of moneys to be withheld by the District to ensure performance, Contractor shall, within five (5) days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the District, or in escrow, is equivalent to the amount of money to be withheld by the District under the Agreement.
c. If Contractor wishes to exercise this option, it shall, at the request of any subcontractor performing more than five percent (5%) of the Contractor’s total bid/proposal price, make this same option available to the subcontractor regarding any moneys withheld in retention by the Contractor, and if the Contractor elects to receive interest on any moneys withheld in retention by the District, then the subcontractor shall receive the identical rate of interest on any retention moneys withheld from the subcontractor by the Contractor. In addition, if Contractor wishes to exercise its option to substitute securities, it shall give notice in writing to District, and shall thereafter execute an escrow agreement in the form entitled SECURITY DEPOSITS IN LIEU OF RETENTION.
24. Dispute Resolution
Under Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section.
Unless this Agreement provides otherwise, all claims, counterclaims, disputes, and other matters in question between the District and the Contractor that are not resolved between the District and the Contractor, and are not governed by Public Contract Code 20104, shall be decided by a court of competent jurisdiction unless arbitration is mutually agreeable to both parties. Should either party to this Agreement bring legal action against the other, the case shall be handled in the California county where the work is being performed.
25. Underground Work
The following provisions will govern any underground work under this Agreement. a. For each excavation five (5) feet or more in depth, Contractor shall provide shoring, bracing, sloping, or make other provisions in accordance with Labor Code Section 6705, to protect workers from hazard of caving ground during such excavation. In addition, the Contractor shall submit, sufficiently in advance of excavation to permit review by the District, detailed plans showing the design of the provisions to be made for worker protection from hazard of caving ground during such excavation. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety Orders, and shall be accepted by the District before excavation may begin. The Contractor shall designate in writing to the District’s Construction Administrator the "competent person" with the authority and responsibilities designed in the Construction Safety Orders. By submitting its plan, the Contractor warrants that its actions pursuant thereto shall not impose tort liability on the District, its consultants, and their respective employees, agents.
b. As required under Government Code Sections 4216 to 4216.9, the Contractor shall notify the appropriate regional notification center of all excavations. The Contractor shall contact Underground Service Alert at 1-800-642-2444 for the location of underground facilities. At least two (2) days before performing any excavation work, the Contractor shall request the owners of underground facilities to mark or otherwise indicate the location thereof. Contractor shall furnish to the Construction Administrator written documentation of its contact(s) with Underground Service Alert and of its contact(s) with such owners requesting them to mark or otherwise indicate the location of their respective facilities.
c. It shall be the Contractor's responsibility to determine the exact location and depth of all underground facilities, including service connections, which have been marked by the respective owners, and which Contractor believes may affect or be affected by Contractor's operations. The Contractor assumes responsibility for the removal, relocation, or protection of existing underground facilities wherein said facilities are correctly marked and/or delineated with reasonable accuracy on District’s plans, and other underground facilities apparent from visual inspection of the site or which can be inferred from the presence of other visible facilities such as buildings, meters, junction boxes, etc., on or adjacent to the construction site. The Contractor shall coordinate with the owner of underground facilities for the rearrangement thereof. Full compensation for such work shall be considered as included in the price specified in Section 3 (“Payment”) of the Agreement. Temporary or permanent relocation or alteration of underground facilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs.
d. The Contractor shall immediately notify the District and the owner of any underground facility that it has damaged. The Contractor shall be responsible for the cost of repairing and/or relocating damaged utility mains and other underground facilities correctly marked and/or delineated with reasonable accuracy on District’s plans, and other facilities apparent from visual inspection of the site or which can be inferred from the presence of other visible facilities. In the event that underground facilities are found that are not shown in the District’s plans or are found to exist in a substantially different location than shown in the District’s plans, the Contractor shall immediately: (1) notify the District in writing of the existence of said facilities; and (2) take steps to ascertain the exact location thereof prior to doing any further work that may damage such facilities. The Contractor shall be entitled to compensation for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating facilities other than those for which the Contractor is the responsible party under the preceding paragraph.
e. The right is reserved to the District and the owners of underground facilities or their authorized agents to enter upon the work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs thereto. The Contractor shall cooperate with such forces so as to allow the respective owners sufficient time to relocate their underground facilities. Except where the owner of a damaged underground facility or installation has advised that it intends to repair the damage through its own forces or forces that it will retain or has retained, Contractor shall, within twenty four (24) hours of receipt from the District of notice to commence correction of damage, notify the District, in writing, if Contractor intends to repair the damage. The Contractor's failure to provide timely written notification that it intends to repair the damage shall be deemed its agreement that the District may repair the damage at Contractor's expense without further notice and without prejudice to any other remedy available to District.
26. Forms Included as Part of the Agreement
a. Forms - Section 00100-23.0 PROPOSER’S CHECKLIST b. Bond of Faithful Performance (Section 00610) c. Payment Bond (Section 00620) d. Insurance Certificates
The Contractor will be required to complete and submit the Faithful Performance Bond, Payment Bond, and Insurance Certificates within ten (10) days of award of the Agreement, and before any work starts under the terms of the Agreement.
27. Warranty and Scheduled Maintenance
The Contractor hereby agrees to make, at its own expense, all repairs or replacements necessitated by defects in materials or workmanship, in those components provided, installed, replaced and/or modified by the Contractor, and pay for any damage to other works resulting from such defects, which becomes evident within one (1) year after the date of acceptance of installation work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Agreement. This warranty shall include all parts and labor and the performance of all manufacturers’ recommended maintenance. This in no way shall limit, amend or reduce any manufacturer’s warranty. The Contractor further assumes responsibility for a similar guarantee for all work and materials provided by subcontractors. This warranty shall not apply to existing equipment that was not modified or significantly adjusted so as to change its operation. The Contractor also agrees to indemnify, defend and hold the District harmless from liability of any kind arising from damage due to covered defects.
Prior to the final acceptance of installation work, the Contractor shall provide phone numbers for around- the-clock notification of the need for emergency service repairs, a schedule showing specific dates for routine maintenance service calls, and shall execute and submit a completed Warranty Form in the format approved by the District.
The Contractor shall respond within four (4) hours of District’s emergency service call after receipt of notice from the District, and promptly make all repairs arising out of defective materials, workmanship, or equipment. In the event that a service response does not occur within four (4) hours, or diligent efforts are not made to effect repairs, the District will notify the Contractor (by fax or voice mail if no representative is available) of its intent to secure another service provider. Thereafter, the District is authorized to make such repairs, and the Contractor and his Surety shall be liable for the cost thereof. In case of emergency, where, in the opinion of the District, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection therewith shall be charged to the Contractor, and his Surety shall be liable for the cost thereof. The Contractor shall direct all of its equipment suppliers and/or manufacturers to promptly provide to it and to the District any and all information concerning product defects or other problems and shall promptly forward to the District any such information received, whether before, during, or after the warranty period.
Prior to the expiration of the warranty period, the District reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds, and maintenance requirements, and determine required repair or replacement of defective items.
*** END OF ATTACHMENT *** RESOLUTION NO. ______
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT APPROVING AND AUTHORIZING EXECUTION OF TECHNICAL SERVICES AGREEMENT WITH C. OVERAA AND CO. FOR ON-CALL CONSTRUCTION AND REPAIR – MECHANICAL SERVICES FOR FISCAL YEARS ENDING 2016 THROUGH 2018
WHEREAS, facilities that serve current customers of Dublin San Ramon Services District
(District) are needed to be maintained at a prescribed level; and
WHEREAS, it is critical to repair District facilities in a timely and expeditious manner; and
WHEREAS, events requiring repair work and quantities of time and materials required for repair work are unpredictable; and
WHEREAS, on August 4, 2015 the District solicited proposals for On-Call Construction and Repair – Mechanical Services for Fiscal Years Ending 2016 through 2018 to create a short list of qualified contractors based on experience, safety rating, and ability to meet schedule; and
WHEREAS, pursuant to said solicitation, six (6) proposals were received on August 14,
2015 for the performance of said work and two (2) contractors were selected to be on the short list; and
WHEREAS, the contract documents have established a procedure for calling contractors on the short list; and
WHEREAS, it is the intention and desire of this Board to accept said pricing schedules for services rendered by each contractor on the short list.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
DUBLIN SAN RAMON SERVICES DISTRICT, a public agency located in the counties of
Alameda and Contra Costa, California, as follows:
1 Res. No. ______
1. The proposal of C. Overaa & Co. is hereby accepted and said proposer has met all obligations requested in the request for proposal and is hereby selected to be on the short list of qualified contractors to complete the work on as needed basis. 2. That certain agreement titled “Technical Services Agreement,” (Exhibit A) by and between Dublin San Ramon Services District, a California public agency, and C. Overaa & Co., is hereby approved, and the General Manager and District Secretary are hereby authorized and directed to execute, and to attest thereto, respectively, said agreement for and on behalf of Dublin San Ramon Services District. 3. The General Manager is hereby authorized to exercise the option to extend the agreement for additional two (2) years. 4. The General Manager is hereby authorized to approve the payment for the services rendered by C. Overaa & Co., as needed, up to the total sum not to exceed the annual budget limit. ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, counties of Alameda and Contra Costa, at its board meeting held on the 1st day of September 2015, and passed by the following vote:
AYES:
NOES:
ABSENT:
______Edward R. Duarte, President
ATTEST: ______Nicole Genzale, District Secretary
2
H:\Board\2015\09-01-15\8B Mechanical On-Call Agmt\On-Call WWTP Overaa Res.docx Exhibit A to Resolution
DUBLIN SAN RAMON SERVICES DISTRICT Technical Services Agreement
THIS AGREEMENT for technical services is between Dublin San Ramon Services District ("District") and C. Overaa & Co. ("Contractor"). Contractor's address is 200 Parr Blvd., Richmond, CA 94801, telephone (510) 234-0926, and fax number (510) 237-2435. Contractor is a [X] corporation, [ ] partnership, [ ] individual, having taxpayer's identification or Social Security number 94-1197348, and professional license class and number Class A Contractor License Number 106793.
Section 1: The Agreement. District and Contractor agree that Contractor shall perform technical services for District on the terms and conditions herein set forth in connection with District's ON-CALL CONSTRUCTION REPAIR - MECHANICAL SERVICES (FYE 2016 - 2018) Request for Proposals. The following documents are attached hereto and are a part of this Agreement:
Notice Inviting Proposals Instructions to Proposers Proposal Form Pricing Schedule Designation of Subcontractors Certification of Drug-Free Workplace Requirements Certification of Proposer’s Experience and Qualifications Acknowledgement of Insurance Requirements Non-collusion Affidavit Affidavit of Safety Compliance Bond of Faithful Performance Payment Bond General Liability Endorsement Auto Liability Endorsement Summary of Work Measurement and Payment General Agreement Provisions
This Agreement, including said attachments, constitutes the entire agreement between the parties and supersedes any prior proposals, representations, or understandings. This Agreement may be modified only by a written amendment signed by each party.
Section 2: Time of Performance. Unless otherwise stated in Summary of Work & Measurement and Payment, Contractor is authorized to commence performance of this Agreement upon its execution by the District and receipt of a Notice to Proceed from the District. The term of the initial contract will be from the date of its execution through June 30, 2018. The District reserves the right and Contractor accepts the contract subject to such reservation, to extend the contract annually for two (2) one year contract extensions, in accordance with the procedures set forth in Section 01010-2.1, Contract Terms and Duration (i.e. thru FYE 2020 {July 1, 2019 - June 30, 2020}).
Contractor shall complete all services requested by the District pursuant to this Agreement in accordance with the conditions of the General Agreement Provisions and the Specific Requirements.
Section 3: Payment. Contractor shall, at convenient intervals not more frequently than monthly, submit itemized statements of services performed at the rates and charges in the Pricing Schedule. District shall pay for work satisfactorily performed within thirty (30) days after receipt of a statement, less any retention withheld as specified in Summary of Work & Measurement and Payment. The total amount payable by District for Contractor's services pursuant to the Agreement shall not exceed $100,000 per fiscal year without the prior written approval of the District.
ON-CALL CONSTRUCTION REPAIR - MECHANICAL SERVICES (FYE 2016 - 2018) TSA Version Sept 2014 Section 4: Termination. District may terminate this Agreement at any time by fifteen (15) days prior written notice to Contractor. Upon termination, District shall pay Contractor for all amounts due for service rendered up to the date of termination.
Dated ______
DUBLIN SAN RAMON SERVICES DISTRICT CONTRACTOR
By: ______By: ______
Title: General Manager Title: ______
Attest: ______Nicole Genzale District Secretary
ON-CALL CONSTRUCTION REPAIR - MECHANICAL SERVICES (FYE 2016 - 2018) TSA Version Sept 2014 GENERAL AGREEMENT PROVISIONS
1. Bonds
Unless excused by the District, the Contractor shall furnish, on forms provided by the District, a Payment Bond and a Faithful Performance Bond, each of which shall be in an amount equal to One-hundred Thousand Dollars ($100,000). The Faithful Performance Bond is to secure the faithful performance of the Contract, and the Payment Bond is to secure the payment of those to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the Contractor in performing the work. Said bonds shall be secured from a surety company satisfactory to District or shall comply with the minimum requirements specified in sections 995.610 through 995.660 of the California Code of Civil Procedure.
2. Insurance
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scope and Limit of Insurance:
a. Commercial General Liability (CGL): Insurance Services Office Form CG0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automotive Liability: ISO Form Number CA0001 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains higher limits than the minimums shown above, the District requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District.
The insurance policies are to contain, or to be endorsed to contain, the following provisions:
a. Additional Insured Status: The District, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG20101185 or if not available, through the addition of both CG2010 and CG2037 if a later edition is used).
b. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with thirty (3) day notice to the District.
d. Waiver of Subrogation: Contractor hereby grants to District a waiver of any right to subrogation which any insurer of said Contractor may acquire against the District by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer.
e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the District. The District may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the District.
g. Verification of Coverage: Contractor shall furnish the District with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the District before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
h. Special Risks or Circumstances: The District reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
3. Hold Harmless and Indemnification
To the extent permitted by law, the Contractor shall hold harmless the District, its officers, agents and employees from, and indemnify and defend them against any liability, claim or loss for damage to any property or injury to or death of any person or persons in any case arising from or connected with the performance of the Agreement.
4. Laws and Regulations
The Contractor shall observe and comply with all Federal, State, and local laws, ordinances, codes, orders and regulations which in any manner affect those engaged or employed on the work, materials used in the work, or the conduct of the work. If any discrepancy or inconsistency should be discovered in this Agreement in relation to any such law, ordinance, code, order, or regulation, the Contractor shall report the same in writing to the District’s Contract Administrator. The Contractor shall indemnify, hold harmless and defend the District, its officers, agents and employees, against all claims or liability arising from violation of any such law, ordinance, code, order, or regulation, whether by the Contractor, the Contractor's employees, or its subcontractors. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
The Contractor or subcontractor offers and agrees to assign to the District all rights, title and interest in, and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2) commencing with Section 16700 (of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the District tenders final payment to the Contractor, without further acknowledgment by the parties. 5. Permits and Licenses
Unless otherwise provided, the Contractor shall obtain at his own expense all permits and licenses or property used in connection with the work, including all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500, and shall pay all taxes properly assessed against his/her equipment or property used in connection with the work. The Contractor shall possess a current and valid State of California Contractor's License/endorsement, and shall not employ any subcontractors that are not properly licensed in accordance with State law, or change any subcontractors listed in the Agreement without the consent of the District using the procedures set forth in Public Contract Code 4100 et. seq.
6. Sales and Use Taxes
The Contractor shall pay all sales and use taxes assessed by Federal, State, or local authorities on parts and materials furnished by the Contractor in the performance of the work.
7. Patents and Copyrights
The Contractor shall defend, indemnify, and save harmless the District, its officers, agents and employees against all claims or liability arising from the use of any patented or copyrighted design, device, material, or process used by Contractor or any subcontractors in the performance of the work.
8. Termination
If any or all services to be performed under the Agreement are abandoned by the Contractor, or if the District determines that the schedule of service is not being maintained, or that the Contractor is violating any of the conditions or provisions of the Agreement or failing to provide a consistently high level of service; and if the Contractor fails to remedy such default within three (3) days after receipt of written notice of such default, or, within three (3) days after receipt of District’s written consent to such longer period to remedy such default, fails to provide satisfactory evidence that such default will be promptly corrected, the District may, at its sole election, choose to terminate any or all portions of the Agreement, or withhold any amounts otherwise due under the Agreement. Thereupon, the District will have the right to complete such service by whatever method the District deems expedient. Any additional expense for completing such service shall be chargeable to the Contractor.
Additionally, the District may, at its option, terminate the Agreement in whole or in part, at any time, by written fifteen (15) day notice thereof to the Contractor, whether or not the Contractor is in default. Upon such termination, the Contractor shall waive any claims for damages, including loss of anticipated profits on account thereof.
9. Waste Disposal
The Contractor shall properly transport and dispose of all waste, including hazardous wastes, generated by these activities. Copies of proper disposal documentation must be maintained by the Contractor and submitted to District on demand.
10. Additions, Deletions and Changes
The District reserves the right to add, delete, or change the scope of work under this Agreement and may do so upon giving written notice to the Contractor. To the extent possible, payment will be made at the unit price set forth in Pricing Schedule. If other changes cause an increase or a reduction in the costs of this agreement, the parties shall attempt to negotiate an equitable adjustment based upon an acceptable lump sum proposal from the Contractor. Any agreed upon adjustment to the prices shall be incorporated in a written Change Order issued by the District, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order.
If the parties cannot agree on a lump sum adjustment, the Contractor shall proceed to do the additional work on a "force account" or time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, who are directly assigned to the force account work, including wages, fringe benefits, if any (as established by negotiated labor agreements or State prevailing wages), and a labor surcharge of thirty percent (30%) for all other fixed labor burdens such as workers' compensation and labor insurance, and labor taxes.
b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor.
c. Equipment rental, for those days or hours during which the equipment is in actual use based on actual rental and transportation invoices.
A fixed fee not to exceed ten percent (10%) of the costs of Items (a), (b), and (c) above covering the cost of general supervision, overhead, profit, bond, insurance, and any other general expenses.
11. Equal Opportunity Employer
The District is committed to equal employment opportunities. The District encourages the consideration and utilization of minority and women-owned businesses.
12. Successors and Assigns
Contractor shall not assign, sell, sublet, or subcontract all or any portion of this Agreement or any personal interest herein or any property, real or personal, used hereunder, without the prior written consent of the District. No assignments by Contractor shall be effective until the assignee shall, in writing, agree to assume and fully perform all of the terms and provisions of the Agreement.
13. Subcontractors
Nothing contained in the Agreement shall create any contractual relation between any subcontractor and the District. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Agreement. The Contractor is fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them, just as the Contractor is fully responsible for the acts and omissions of persons directly employed by the Contractor.
14. Responsibility for the Work
Until completion and acceptance of the work, the Contractor shall have the charge and care of the work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof from any other cause, whether or not arising from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause before its acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the District.
15. Inconsistencies and Omissions
Where the Agreement describes portions of the work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work necessary to complete the work in a satisfactory and workmanlike manner.
Unless specifically noted otherwise, the Agreement and all Attachments are intended to be complementary and applicable to each other.
In resolving inconsistencies among two or more portions of the Agreement and/or the Attachments, the most stringent requirements shall apply.
16. Inspection of Site(s)
The information provided by the District is not intended to be a substitute for, or a supplement to, the independent verification by the Contractor to the extent such independent investigation of site conditions is deemed necessary or desirable by the Contractor. The Contractor is required to satisfy itself, by personal examination of the site(s) of the work or by such other means as they may prefer, of the location and of the actual conditions at the site(s) of work. If, during the course of its examination, the Contractor finds facts or conditions which appear to be in conflict with the letter or spirit of the Agreement, bidding/proposal documents, the Contractor shall report the conflict in writing, to the District’s Contract Administrator, within a reasonable time before submitting its bid/proposal.
The submission of a bid/proposal shall constitute conclusive evidence that, if awarded the Agreement, the Contractor is relying on its own examination of the site(s) of the work, including existing facilities and conditions to be encountered on and in the vicinity of the site(s).
17. Examination of Agreement
The Contractor shall thoroughly examine and be familiar with the Agreement before submitting its proposal. Any inconsistencies or omissions found in the Agreement and/or Attachments shall be reported to the District’s Contract Administrator, who will clarify discrepancies or omissions, in writing, within a reasonable time.
The submission of a bid/proposal shall constitute an acknowledgment, upon which the District may rely, that the Contractor has thoroughly examined and is familiar with the Agreement, with the character, quality and scope of the work to be constructed under the Agreement, including the quality and quantity of the materials and services to be furnished, and all other requirements of the Agreement. The Contractor’s failure or neglect to examine and become familiar with the Agreement, shall in no way relieve it from any obligation with respect to its proposal or to the Agreement, and no claim for additional compensation will be allowed which is based upon a lack of knowledge or misinterpretation of any portion of the Agreement.
18. Waiver or Acquiescence
No action or failure to act by the District’s Contract Administrator or anyone else acting for the District shall constitute a waiver of any right or duty afforded under the Agreement nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
19. Liquidated Damages
It is agreed by the parties to the Agreement that time is of the essence in the completion of this work, and that in case all the work called for under the Agreement, or such portion thereof as may be designated by the District’s Contract Administrator, is not completed before the date specified in Section 2 (“Time of Performance”) of the Agreement or such earlier date as may be specified by the District’s Contract Administrator, or each District facility affected by the work is not restored to full service within the period specified by the District’s Contract Administrator for that facility, damage will be sustained by the District. As it is impracticable to determine the actual delay damage; it is, therefore, agreed that the Contractor shall pay liquidated damages to the District in the amount set forth in Section 2 of the Agreement. Contractor further agrees that if such liquidated damages are not promptly paid, the District may deduct the amount thereof from any moneys due, or that may become due, the Contractor under the Agreement.
20. Prevailing Wages
If any personnel of Contractor or any subcontractor of any tier performs work under the Agreement for which prevailing wages are required to be paid as determined by the Director of the Department of Industrial Relations, Consultant or such subcontractor shall pay the prevailing wage for such work and shall comply with all applicable provisions of the California Labor Code Section relating to public works (Section 1720 and following).
21. Safety
To protect the public’s safety as well as the safety of their employees, the District’s employees, and all persons at or on the site(s) of work, the Contractor and its subcontractors shall take all measures required to comply with all applicable Federal, State, County, and local laws, ordinances, codes, and regulations, including but not limited to, providing protection barriers and barricades, and signs. The Contractor shall be solely and completely responsible for performing all work under this Agreement so as to protect the safety of all persons and property at or near any site(s) of the work. The Contractor shall continually and diligently inspect all work, materials and equipment to discover, and shall be solely responsible for discovery and correction of, such conditions which might cause bodily harm to persons or damage to property. These requirements shall apply twenty-four (24) hours per day continuously during the term of this Agreement and shall not be limited to normal working hours. The District shall not be responsible in any way for the methods selected by the Contractor in discharging its exclusive responsibility for safety of its work hereunder.
The Contractor shall perform all work in a fire-safe manner. He shall supply and maintain on the site adequate fire-fighting equipment capable of extinguishing incipient fires. The Contractor shall comply with applicable Federal, local, and State fire-prevention regulations, or, if these regulations do not apply, applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction Operations (NFPA No. 241).
In the event of any spill or other release to the environment of any regulated chemical in any physical form that occurs on or immediately adjacent to the site(s) and arises from work under this contract, the Contractor shall immediately notify the District. The Contractor shall be responsible for all costs that result from any chemical spill or other release caused by the Contractor including, but not limited to containment, control, and disposal, and any fines or other damages lawfully assessed against the Contractor or the District.
The Contractor shall cooperate fully with District personnel while working within the scope of this contract.
The Contractor shall support a drug-and-alcohol free workplace. The unlawful use, possession, or distribution of a controlled substance within the site(s) of any work will not be tolerated. Employees of Contractor and subcontractors are prohibited from being under the influence of alcohol within the site(s) of
any work. The Contractor shall be responsible for initiating, maintaining, and supervising safety and anti- substance abuse programs in connection with the work.
If the work to be performed under this contract involves confined space work, the Contractor shall prepare confined space operating and rescue procedures fully complying with the applicable provisions of Section 5158, Title 8, California Code of Regulations and shall submit the procedures to the District. The Contractor shall be fully responsible for the adequacy of the procedures. The District shall neither review nor accept the procedures, and the sole purpose of submitting the procedures is to advise the District that such procedures have been prepared.
To the extent required by Labor Code Section 6401.7, Contractor shall establish, implement, and maintain a written injury prevention program, and shall take all actions necessary to comply with all provisions thereof before proceeding with any work under the Agreement, including but not limited to furnishing and maintaining all safety equipment, test equipment, and safety apparel applicable to the work, enforcing the use of such equipment by its employees and the employees of any of its subcontractors, and furnishing all items necessary for giving first aid and other medical treatment to anyone injured at any site(s) of work, and shall provide for the immediate removal of such person to a hospital or a doctor’s care.
If death or serious injuries or illness, or serious damages are caused, the accident or illness shall be reported immediately by telephone or messenger to the District. In addition, the Contractor must promptly report in writing to the District, all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site(s), giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Agreement. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the District, giving full details of the claim.
22. Differing Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the District, in writing, of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated.
c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement.
In addition to giving written notice as described above upon encountering material that the Contractor believes may be “hazardous waste” as defined above, Contractor also shall immediately stop all work to any area affected by said material, if continuing work may present a substantial danger to persons or property exposed to the materials in connection with any work at the site. These obligations pertaining to “hazardous waste” shall apply only to such “hazardous waste” not shown or indicated in the Agreement documents to be within the scope of work.
The District, or the Contractor, if the District so directs in its sole discretion, shall promptly investigate the conditions, determine the necessity to retain a qualified expert to evaluate such hazardous condition, and/or to take corrective action, if necessary, and if the District finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the District shall cause to be issued a change order. Contractor shall not be required to resume work in connection with such hazardous condition identified in the Agreement documents, or in any such affected area until after District has obtained any required permits related thereto and delivered to Contractor special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of work, or (ii) specifying any special conditions under which such work may be resumed safely.
In the event that a dispute arises between the District and the Contractor whether the conditions materially differ, or involve hazardous waste (other than that shown or indicated in the Agreement documents), or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement provided that, if after receipt of the special written notice described above in this paragraph 22, Contractor does not agree to resume such work based upon a reasonable belief that it is unsafe to do so, or does not agree to resume such work under the special conditions specified in said special written notice, the District may at its sole election order the portion of the work affected by said hazardous waste to be deleted from the work, and the District may thereupon have the portion of the work so deleted performed by District’s own forces or by separate Agreement(s). The Contractor shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
No claim of the Contractor under this clause (or otherwise under this Agreement) shall be allowed unless the Contractor has given written notice of its intention to make claim (which shall be labeled "Notice of Potential Claim") before beginning any work that it contends is not required under the Agreement, or in within five (5) days of receipt of a decision of the District rejecting the Contractor’s request for additional compensation or a time extension. Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount.
It is agreed that unless such notice is properly given, the Contractor shall not recover costs incurred by it as a result of the alleged extra work, changed work, or other situation which, had proper notice been given, would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the District, and is not merely a formality. Such notice allows the District to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshal facts, and to plan its affairs.
In addition, the Contractor shall keep accurate records of its costs, and shall submit to the District on a weekly basis, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used and for which compensation is being sought. Within thirty (30) days after incurring the last cost for work for which the Contractor contends it is due additional compensation, the Contractor shall submit to the District, as best it is able, its costs itemized in detail incurred for the claimed matter.
Should either party to this Agreement bring legal action against the other, the case shall be handled in the California county where the work is being performed.
The Contractor shall cooperate with forces engaged in sampling, investigation, and clean-up work pertaining to hazardous waste (whether or not said hazardous waste is shown or indicated in the Agreement documents) and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces.
The District shall not be responsible for any such materials brought to the site by the Contractor, subcontractors, suppliers, or anyone else for whom the Contractor is responsible. 23. Retention
As specified in Public Contract Code Section 9203, District will deduct and retain five percent (5%) from each progress payment, if any, and will retain such amounts in accordance therewith as part security for the satisfactory and timely completion of the work until release thereof is required under Public Contract Code Section 7109.
In addition to the amount which the District may otherwise retain under the Agreement, the District may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Agreement, damage to the District or a third party, and any costs or penalties imposed because of the failure of the Contractor or any subcontractor to comply with environmental, labor, employee safety, or any other regulatory requirements. When the above reasons for withholding are resolved, payment may be made to the Contractor for amounts withheld less any District incurred expenses.
a. Pursuant to Public Contract Code Section 22300, for moneys earned by the Contractor and withheld by the District to ensure the performance of the Agreement or otherwise as provided above, the Contractor may, at their option, choose to substitute securities, meeting the requirements of said Section 22300. In the event the Contractor wishes to choose this option, the Contractor shall enter into an escrow agreement with the District and the escrow agent, a qualified bank to be acceptable to the District, in the form of the agreement included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing agreement.
b. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Agreement. If, upon written notice from the District, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of moneys to be withheld by the District to ensure performance, Contractor shall, within five (5) days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the District, or in escrow, is equivalent to the amount of money to be withheld by the District under the Agreement.
c. If Contractor wishes to exercise this option, it shall, at the request of any subcontractor performing more than five percent (5%) of the Contractor’s total bid/proposal price, make this same option available to the subcontractor regarding any moneys withheld in retention by the Contractor, and if the Contractor elects to receive interest on any moneys withheld in retention by the District, then the subcontractor shall receive the identical rate of interest on any retention moneys withheld from the subcontractor by the Contractor. In addition, if Contractor wishes to exercise its option to substitute securities, it shall give notice in writing to District, and shall thereafter execute an escrow agreement in the form entitled SECURITY DEPOSITS IN LIEU OF RETENTION.
24. Dispute Resolution
Under Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section.
Unless this Agreement provides otherwise, all claims, counterclaims, disputes, and other matters in question between the District and the Contractor that are not resolved between the District and the Contractor, and are not governed by Public Contract Code 20104, shall be decided by a court of competent jurisdiction
unless arbitration is mutually agreeable to both parties. Should either party to this Agreement bring legal action against the other, the case shall be handled in the California county where the work is being performed.
25. Underground Work
The following provisions will govern any underground work under this Agreement. a. For each excavation five (5) feet or more in depth, Contractor shall provide shoring, bracing, sloping, or make other provisions in accordance with Labor Code Section 6705, to protect workers from hazard of caving ground during such excavation. In addition, the Contractor shall submit, sufficiently in advance of excavation to permit review by the District, detailed plans showing the design of the provisions to be made for worker protection from hazard of caving ground during such excavation. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety Orders, and shall be accepted by the District before excavation may begin. The Contractor shall designate in writing to the District’s Construction Administrator the "competent person" with the authority and responsibilities designed in the Construction Safety Orders. By submitting its plan, the Contractor warrants that its actions pursuant thereto shall not impose tort liability on the District, its consultants, and their respective employees, agents.
b. As required under Government Code Sections 4216 to 4216.9, the Contractor shall notify the appropriate regional notification center of all excavations. The Contractor shall contact Underground Service Alert at 1-800-642-2444 for the location of underground facilities. At least two (2) days before performing any excavation work, the Contractor shall request the owners of underground facilities to mark or otherwise indicate the location thereof. Contractor shall furnish to the Construction Administrator written documentation of its contact(s) with Underground Service Alert and of its contact(s) with such owners requesting them to mark or otherwise indicate the location of their respective facilities.
c. It shall be the Contractor's responsibility to determine the exact location and depth of all underground facilities, including service connections, which have been marked by the respective owners, and which Contractor believes may affect or be affected by Contractor's operations. The Contractor assumes responsibility for the removal, relocation, or protection of existing underground facilities wherein said facilities are correctly marked and/or delineated with reasonable accuracy on District’s plans, and other underground facilities apparent from visual inspection of the site or which can be inferred from the presence of other visible facilities such as buildings, meters, junction boxes, etc., on or adjacent to the construction site. The Contractor shall coordinate with the owner of underground facilities for the rearrangement thereof. Full compensation for such work shall be considered as included in the price specified in Section 3 (“Payment”) of the Agreement. Temporary or permanent relocation or alteration of underground facilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs.
d. The Contractor shall immediately notify the District and the owner of any underground facility that it has damaged. The Contractor shall be responsible for the cost of repairing and/or relocating damaged utility mains and other underground facilities correctly marked and/or delineated with reasonable accuracy on District’s plans, and other facilities apparent from visual inspection of the site or which can be inferred from the presence of other visible facilities. In the event that underground facilities are found that are not shown in the District’s plans or are found to exist in a substantially different location than shown in the District’s plans, the Contractor shall immediately: (1) notify the District in writing of the existence of said facilities; and (2) take steps to ascertain the exact location thereof prior to doing any further work that may damage such facilities. The Contractor shall be entitled to compensation for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable
care, and removing or relocating facilities other than those for which the Contractor is the responsible party under the preceding paragraph.
e. The right is reserved to the District and the owners of underground facilities or their authorized agents to enter upon the work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs thereto. The Contractor shall cooperate with such forces so as to allow the respective owners sufficient time to relocate their underground facilities. Except where the owner of a damaged underground facility or installation has advised that it intends to repair the damage through its own forces or forces that it will retain or has retained, Contractor shall, within twenty four (24) hours of receipt from the District of notice to commence correction of damage, notify the District, in writing, if Contractor intends to repair the damage. The Contractor's failure to provide timely written notification that it intends to repair the damage shall be deemed its agreement that the District may repair the damage at Contractor's expense without further notice and without prejudice to any other remedy available to District.
26. Forms Included as Part of the Agreement
a. Forms - Section 00100-23.0 PROPOSER’S CHECKLIST b. Bond of Faithful Performance (Section 00610) c. Payment Bond (Section 00620) d. Insurance Certificates
The Contractor will be required to complete and submit the Faithful Performance Bond, Payment Bond, and Insurance Certificates within ten (10) days of award of the Agreement, and before any work starts under the terms of the Agreement.
27. Warranty and Scheduled Maintenance
The Contractor hereby agrees to make, at its own expense, all repairs or replacements necessitated by defects in materials or workmanship, in those components provided, installed, replaced and/or modified by the Contractor, and pay for any damage to other works resulting from such defects, which becomes evident within one (1) year after the date of acceptance of installation work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Agreement. This warranty shall include all parts and labor and the performance of all manufacturers’ recommended maintenance. This in no way shall limit, amend or reduce any manufacturer’s warranty. The Contractor further assumes responsibility for a similar guarantee for all work and materials provided by subcontractors. This warranty shall not apply to existing equipment that was not modified or significantly adjusted so as to change its operation. The Contractor also agrees to indemnify, defend and hold the District harmless from liability of any kind arising from damage due to covered defects.
Prior to the final acceptance of installation work, the Contractor shall provide phone numbers for around- the-clock notification of the need for emergency service repairs, a schedule showing specific dates for routine maintenance service calls, and shall execute and submit a completed Warranty Form in the format approved by the District.
The Contractor shall respond within four (4) hours of District’s emergency service call after receipt of notice from the District, and promptly make all repairs arising out of defective materials, workmanship, or equipment. In the event that a service response does not occur within four (4) hours, or diligent efforts are not made to effect repairs, the District will notify the Contractor (by fax or voice mail if no representative is available) of its intent to secure another service provider. Thereafter, the District is authorized to make such repairs, and the Contractor and his Surety shall be liable for the cost thereof. In case of emergency, where, in the opinion of the District, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection therewith shall be charged to the Contractor, and his Surety shall be liable for the cost thereof. The Contractor shall direct all of its equipment suppliers and/or manufacturers to promptly provide to it and to the District any and all information concerning product defects or other problems and shall promptly forward to the District any such information received, whether before, during, or after the warranty period.
Prior to the expiration of the warranty period, the District reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds, and maintenance requirements, and determine required repair or replacement of defective items.
*** END OF ATTACHMENT *** Agenda Item 8C
Reference Type of Action Board Meeting of Engineering Services Manager Approve Technical Services September 1, 2015 Agreements Subject Approve Technical Services Agreements with JMB Construction, Inc., Mountain Cascade, Inc., and McGuire and Hester for On-Call Water and Sewer Repairs for Fiscal Years Ending 2016 through 2018 Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff D. McIntyre Board Member
Recommendation:
The Engineering Services Manager recommends the Board of Directors approve, by Resolutions, multi-year Technical Services Agreements with JMB Construction, Inc., Mountain Cascade, Inc., and McGuire and Hester for On-Call Water and Sewer Repairs for Fiscal Years Ending 2016 through 2018.
Summary:
The water and sewer repair program is critical to maintaining the integrity of the District’s subsurface infrastructure for the protection of public health. Periodically, the District solicits a repair contractor that is both cost effective and available to perform the emergency repair services in a timely manner. The District solicited proposals to identify a short list of three (3) contractors for repair work based on their experience, safety rating, and their ability to meet the time schedule of specific repairs. Three (3) contractors are selected to ensure one is always available in an emergency and to spread the work. The agreement between the District and each contractor is for three (3) years with an option to extend the period of services two (2) additional years for a total of five (5) years based upon satisfactory service and District need, as determined by the General Manager.
The District issued a Request for Proposals for On-Call Water and Sewer Repairs for FYEs 2016-2018 on July 28, 2015. Three (3) proposals were received on August 13, 2015 from JMB Construction, Inc., Mountain Cascade, Inc., and McGuire and Hester. Each contractor has comparable hourly rates in their proposal. Most of the work is on a time and materials basis so the actual cost of each assignment will be determined based upon contractor proficiency and efficiency associated with each situation. Staff closely monitors each assignment to minimize cost. Staff has reviewed the proposals and has determined that these contractors can meet the needs of the District.
Funding in FYEs 2016 and 2017 Operating Budget is $20,000 from Local Sewer Operations and $400,000 from Water Operations for each fiscal year. Expenditures will be charged to the enterprise on which the work is performed.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Not Required R. Portugal Engineering
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R Not to exceed A. Local Sewer Operations (Fund 200) 1. $420,000 per FY B. Water Operations (Fund 600) 2. 3. H:\Board\2015\09-01-15\8C Water and Sewer Repair On-Call Agmt\On-Call Repair S&R.docx RESOLUTION NO. ______
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT APPROVING AND AUTHORIZING EXECUTION OF TECHNICAL SERVICES AGREEMENT WITH JMB CONSTRUCTION, INC. FOR ON-CALL WATER AND SEWER REPAIRS FOR FISCAL YEARS ENDING 2016 THROUGH 2018
WHEREAS, facilities that serve current customers of Dublin San Ramon Services District
(District) are needed to be maintained at a prescribed level; and
WHEREAS, it is critical to repair District facilities in a timely and expeditious manner;
and
WHEREAS, events requiring repair work and quantities of time and materials required for
repair work are unpredictable; and
WHEREAS, on July 28, 2015 the District solicited proposals for On-Call Water and Sewer
Repairs for Fiscal Years Ending 2016 through 2018 to create a short list of qualified contractors based on experience, safety rating, and ability to meet schedule; and
WHEREAS, pursuant to said solicitation, three (3) proposals were received on August 13,
2015 for the performance of said work and all three (3) contractors were selected to be on the short
list; and
WHEREAS, the contract documents have established a procedure for calling contractors
on the short list; and
WHEREAS, it is the intention and desire of this Board to accept said pricing schedules for
services rendered by each contractor on the short list.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
DUBLIN SAN RAMON SERVICES DISTRICT, a public agency located in the counties of
Alameda and Contra Costa, California, as follows:
1 Res. No. ______
1. The proposal of JMB Construction, Inc., is hereby accepted and said proposer has met all obligations requested in the request for proposal and is hereby selected to be on the short list of qualified contractors to complete the work on as needed basis. 2. That certain agreement titled “Technical Services Agreement,” (Exhibit A) by and between Dublin San Ramon Services District, a California public agency, and JMB Construction, Inc., is hereby approved, and the General Manager and District Secretary are hereby authorized and directed to execute, and to attest thereto, respectively, said agreement for and on behalf of Dublin San Ramon Services District. 3. The General Manager is hereby authorized to exercise the option to extend the agreement for additional two (2) years. 4. The General Manager is hereby authorized to approve the payment for the services rendered by JMB Construction, Inc., as needed, up to the total sum not to exceed the annual budget limit. ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, counties of Alameda and Contra Costa, at its board meeting held on the 1st day of September 2015, and passed by the following vote:
AYES:
NOES:
ABSENT:
______Edward R. Duarte, President
ATTEST: ______Nicole Genzale, District Secretary
2
H:\Board\2015\09-01-15\8C Water and Sewer Repair On-Call Agmt\On-Call Repair JMB Res1.docx Exhibit A to Resolution
DUBLIN SAN RAMON SERVICES DISTRICT Technical Services Agreement
THIS AGREEMENT for technical services is between Dublin San Ramon Services District ("District") and JMB Construction, Inc. ("Contractor"). Contractor's address is 132 South Maple Ave., South San Francisco, CA 94080, telephone (650) 267-5300, and fax number (650) 267-5301. Contractor is a [X] corporation, [ ] partnership, [ ] individual, having taxpayer's identification or Social Security number 94-3230564, and professional license class and number Class A Contractor License Number 715324.
Section 1: The Agreement. District and Contractor agree that Contractor shall perform technical services for District on the terms and conditions herein set forth in connection with District's ON-CALL WATER AND SEWER REPAIRS (FYE 2016 - 2018) Request for Proposals. The following documents are attached hereto and are a part of this Agreement:
Notice Inviting Proposals Instructions to Proposers Proposal Form Pricing Schedule Designation of Subcontractors Certification of Drug-Free Workplace Requirements Certification of Proposer’s Experience and Qualifications Acknowledgement of Insurance Requirements Non-collusion Affidavit Affidavit of Safety Compliance Bond of Faithful Performance Payment Bond General Liability Endorsement Auto Liability Endorsement Summary of Work Measurement and Payment General Agreement Provisions
This Agreement, including said attachments, constitutes the entire agreement between the parties and supersedes any prior proposals, representations, or understandings. This Agreement may be modified only by a written amendment signed by each party.
Section 2: Time of Performance. Unless otherwise stated in Summary of Work & Measurement and Payment, Contractor is authorized to commence performance of this Agreement upon its execution by the District and receipt of a Notice to Proceed from the District. The term of the initial contract will be from the date of its execution through June 30, 2018. The District reserves the right and Contractor accepts the contract subject to such reservation, to extend the contract annually for two (2) one year contract extensions, in accordance with the procedures set forth in Section 01010-2.1, Contract Terms and Duration (i.e. thru FYE 2020 {June 30, 2020}).
The District has established a list of two (2) qualified Contractors to perform this work. The Contractors with the highest ranked proposals will be selected for on call work; however, the District reserves the right to contact another vendor if the Contractors cannot mobilize a crew.
Contractor shall complete all services requested by the District pursuant to this Agreement in accordance with the conditions of the General Agreement Provisions and the Specific Requirements.
Section 3: Payment. Contractor shall, at convenient intervals not more frequently than monthly, submit itemized statements of services performed at the rates and charges in the Pricing Schedule. District shall pay for work satisfactorily performed within thirty (30) days after receipt of a statement, less any retention withheld as specified in Summary of Work & Measurement and Payment. The total amount payable by District for Contractor's services
ON-CALL WATER AND SEWER REPAIRS (FYE 2016 - 2018) TSA Version Sept 2014 pursuant to the Agreement shall not exceed $420,000 per fiscal year without the prior written approval of the District.
Section 4: Termination. District may terminate this Agreement at any time by fifteen (15) days prior written notice to Contractor. Upon termination, District shall pay Contractor for all amounts due for service rendered up to the date of termination.
Dated ______
DUBLIN SAN RAMON SERVICES DISTRICT CONTRACTOR
By: ______By: ______
Title: General Manager Title: ______
Attest: ______Nicole Genzale District Secretary
ON-CALL WATER AND SEWER REPAIRS (FYE 2016 - 2018) TSA Version Sept 2014 GENERAL AGREEMENT PROVISIONS
1. Bonds
Unless excused by the District, the Contractor shall furnish, on forms provided by the District, a Payment Bond and a Faithful Performance Bond, each of which shall be in an amount equal to One-hundred Thousand Dollars ($100,000). The Faithful Performance Bond is to secure the faithful performance of the Contract, and the Payment Bond is to secure the payment of those to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the Contractor in performing the work. Said bonds shall be secured from a surety company satisfactory to District or shall comply with the minimum requirements specified in sections 995.610 through 995.660 of the California Code of Civil Procedure.
2. Insurance
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scope and Limit of Insurance:
a. Commercial General Liability (CGL): Insurance Services Office Form CG0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automotive Liability: ISO Form Number CA0001 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains higher limits than the minimums shown above, the District requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District.
The insurance policies are to contain, or to be endorsed to contain, the following provisions:
a. Additional Insured Status: The District, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG20101185 or if not available, through the addition of both CG2010 and CG2037 if a later edition is used).
b. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with thirty (3) day notice to the District.
d. Waiver of Subrogation: Contractor hereby grants to District a waiver of any right to subrogation which any insurer of said Contractor may acquire against the District by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer.
e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the District. The District may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the District.
g. Verification of Coverage: Contractor shall furnish the District with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the District before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
h. Special Risks or Circumstances: The District reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
3. Hold Harmless and Indemnification
To the extent permitted by law, the Contractor shall hold harmless the District, its officers, agents and employees from, and indemnify and defend them against any liability, claim or loss for damage to any property or injury to or death of any person or persons in any case arising from or connected with the performance of the Agreement.
4. Laws and Regulations
The Contractor shall observe and comply with all Federal, State, and local laws, ordinances, codes, orders and regulations which in any manner affect those engaged or employed on the work, materials used in the work, or the conduct of the work. If any discrepancy or inconsistency should be discovered in this Agreement in relation to any such law, ordinance, code, order, or regulation, the Contractor shall report the same in writing to the District’s Contract Administrator. The Contractor shall indemnify, hold harmless and defend the District, its officers, agents and employees, against all claims or liability arising from violation of any such law, ordinance, code, order, or regulation, whether by the Contractor, the Contractor's employees, or its subcontractors. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
The Contractor or subcontractor offers and agrees to assign to the District all rights, title and interest in, and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2) commencing with Section 16700 (of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the District tenders final payment to the Contractor, without further acknowledgment by the parties. 5. Permits and Licenses
Unless otherwise provided, the Contractor shall obtain at his own expense all permits and licenses or property used in connection with the work, including all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500, and shall pay all taxes properly assessed against his/her equipment or property used in connection with the work. The Contractor shall possess a current and valid State of California Contractor's License/endorsement, and shall not employ any subcontractors that are not properly licensed in accordance with State law, or change any subcontractors listed in the Agreement without the consent of the District using the procedures set forth in Public Contract Code 4100 et. seq.
6. Sales and Use Taxes
The Contractor shall pay all sales and use taxes assessed by Federal, State, or local authorities on parts and materials furnished by the Contractor in the performance of the work.
7. Patents and Copyrights
The Contractor shall defend, indemnify, and save harmless the District, its officers, agents and employees against all claims or liability arising from the use of any patented or copyrighted design, device, material, or process used by Contractor or any subcontractors in the performance of the work.
8. Termination
If any or all services to be performed under the Agreement are abandoned by the Contractor, or if the District determines that the schedule of service is not being maintained, or that the Contractor is violating any of the conditions or provisions of the Agreement or failing to provide a consistently high level of service; and if the Contractor fails to remedy such default within three (3) days after receipt of written notice of such default, or, within three (3) days after receipt of District’s written consent to such longer period to remedy such default, fails to provide satisfactory evidence that such default will be promptly corrected, the District may, at its sole election, choose to terminate any or all portions of the Agreement, or withhold any amounts otherwise due under the Agreement. Thereupon, the District will have the right to complete such service by whatever method the District deems expedient. Any additional expense for completing such service shall be chargeable to the Contractor.
Additionally, the District may, at its option, terminate the Agreement in whole or in part, at any time, by written fifteen (15) day notice thereof to the Contractor, whether or not the Contractor is in default. Upon such termination, the Contractor shall waive any claims for damages, including loss of anticipated profits on account thereof.
9. Waste Disposal
The Contractor shall properly transport and dispose of all waste, including hazardous wastes, generated by these activities. Copies of proper disposal documentation must be maintained by the Contractor and submitted to District on demand.
10. Additions, Deletions and Changes
The District reserves the right to add, delete, or change the scope of work under this Agreement and may do so upon giving written notice to the Contractor. To the extent possible, payment will be made at the unit price set forth in Pricing Schedule. If other changes cause an increase or a reduction in the costs of this agreement, the parties shall attempt to negotiate an equitable adjustment based upon an acceptable lump sum proposal from the Contractor. Any agreed upon adjustment to the prices shall be incorporated in a written Change Order issued by the District, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order.
If the parties cannot agree on a lump sum adjustment, the Contractor shall proceed to do the additional work on a "force account" or time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, who are directly assigned to the force account work, including wages, fringe benefits, if any (as established by negotiated labor agreements or State prevailing wages), and a labor surcharge of thirty percent (30%) for all other fixed labor burdens such as workers' compensation and labor insurance, and labor taxes.
b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor.
c. Equipment rental, for those days or hours during which the equipment is in actual use based on actual rental and transportation invoices.
A fixed fee not to exceed ten percent (10%) of the costs of Items (a), (b), and (c) above covering the cost of general supervision, overhead, profit, bond, insurance, and any other general expenses.
11. Equal Opportunity Employer
The District is committed to equal employment opportunities. The District encourages the consideration and utilization of minority and women-owned businesses.
12. Successors and Assigns
Contractor shall not assign, sell, sublet, or subcontract all or any portion of this Agreement or any personal interest herein or any property, real or personal, used hereunder, without the prior written consent of the District. No assignments by Contractor shall be effective until the assignee shall, in writing, agree to assume and fully perform all of the terms and provisions of the Agreement.
13. Subcontractors
Nothing contained in the Agreement shall create any contractual relation between any subcontractor and the District. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Agreement. The Contractor is fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them, just as the Contractor is fully responsible for the acts and omissions of persons directly employed by the Contractor.
14. Responsibility for the Work
Until completion and acceptance of the work, the Contractor shall have the charge and care of the work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof from any other cause, whether or not arising from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause before its acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the District.
15. Inconsistencies and Omissions
Where the Agreement describes portions of the work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work necessary to complete the work in a satisfactory and workmanlike manner.
Unless specifically noted otherwise, the Agreement and all Attachments are intended to be complementary and applicable to each other.
In resolving inconsistencies among two or more portions of the Agreement and/or the Attachments, the most stringent requirements shall apply.
16. Inspection of Site(s)
The information provided by the District is not intended to be a substitute for, or a supplement to, the independent verification by the Contractor to the extent such independent investigation of site conditions is deemed necessary or desirable by the Contractor. The Contractor is required to satisfy itself, by personal examination of the site(s) of the work or by such other means as they may prefer, of the location and of the actual conditions at the site(s) of work. If, during the course of its examination, the Contractor finds facts or conditions which appear to be in conflict with the letter or spirit of the Agreement, bidding/proposal documents, the Contractor shall report the conflict in writing, to the District’s Contract Administrator, within a reasonable time before submitting its bid/proposal.
The submission of a bid/proposal shall constitute conclusive evidence that, if awarded the Agreement, the Contractor is relying on its own examination of the site(s) of the work, including existing facilities and conditions to be encountered on and in the vicinity of the site(s).
17. Examination of Agreement
The Contractor shall thoroughly examine and be familiar with the Agreement before submitting its proposal. Any inconsistencies or omissions found in the Agreement and/or Attachments shall be reported to the District’s Contract Administrator, who will clarify discrepancies or omissions, in writing, within a reasonable time.
The submission of a bid/proposal shall constitute an acknowledgment, upon which the District may rely, that the Contractor has thoroughly examined and is familiar with the Agreement, with the character, quality and scope of the work to be constructed under the Agreement, including the quality and quantity of the materials and services to be furnished, and all other requirements of the Agreement. The Contractor’s failure or neglect to examine and become familiar with the Agreement, shall in no way relieve it from any obligation with respect to its proposal or to the Agreement, and no claim for additional compensation will be allowed which is based upon a lack of knowledge or misinterpretation of any portion of the Agreement.
18. Waiver or Acquiescence
No action or failure to act by the District’s Contract Administrator or anyone else acting for the District shall constitute a waiver of any right or duty afforded under the Agreement nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
19. Liquidated Damages
It is agreed by the parties to the Agreement that time is of the essence in the completion of this work, and that in case all the work called for under the Agreement, or such portion thereof as may be designated by the District’s Contract Administrator, is not completed before the date specified in Section 2 (“Time of Performance”) of the Agreement or such earlier date as may be specified by the District’s Contract Administrator, or each District facility affected by the work is not restored to full service within the period specified by the District’s Contract Administrator for that facility, damage will be sustained by the District. As it is impracticable to determine the actual delay damage; it is, therefore, agreed that the Contractor shall pay liquidated damages to the District in the amount set forth in Section 2 of the Agreement. Contractor further agrees that if such liquidated damages are not promptly paid, the District may deduct the amount thereof from any moneys due, or that may become due, the Contractor under the Agreement.
20. Prevailing Wages
If any personnel of Contractor or any subcontractor of any tier performs work under the Agreement for which prevailing wages are required to be paid as determined by the Director of the Department of Industrial Relations, Consultant or such subcontractor shall pay the prevailing wage for such work and shall comply with all applicable provisions of the California Labor Code Section relating to public works (Section 1720 and following).
21. Safety
To protect the public’s safety as well as the safety of their employees, the District’s employees, and all persons at or on the site(s) of work, the Contractor and its subcontractors shall take all measures required to comply with all applicable Federal, State, County, and local laws, ordinances, codes, and regulations, including but not limited to, providing protection barriers and barricades, and signs. The Contractor shall be solely and completely responsible for performing all work under this Agreement so as to protect the safety of all persons and property at or near any site(s) of the work. The Contractor shall continually and diligently inspect all work, materials and equipment to discover, and shall be solely responsible for discovery and correction of, such conditions which might cause bodily harm to persons or damage to property. These requirements shall apply twenty-four (24) hours per day continuously during the term of this Agreement and shall not be limited to normal working hours. The District shall not be responsible in any way for the methods selected by the Contractor in discharging its exclusive responsibility for safety of its work hereunder.
The Contractor shall perform all work in a fire-safe manner. He shall supply and maintain on the site adequate fire-fighting equipment capable of extinguishing incipient fires. The Contractor shall comply with applicable Federal, local, and State fire-prevention regulations, or, if these regulations do not apply, applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction Operations (NFPA No. 241).
In the event of any spill or other release to the environment of any regulated chemical in any physical form that occurs on or immediately adjacent to the site(s) and arises from work under this contract, the Contractor shall immediately notify the District. The Contractor shall be responsible for all costs that result from any chemical spill or other release caused by the Contractor including, but not limited to containment, control, and disposal, and any fines or other damages lawfully assessed against the Contractor or the District.
The Contractor shall cooperate fully with District personnel while working within the scope of this contract.
The Contractor shall support a drug-and-alcohol free workplace. The unlawful use, possession, or distribution of a controlled substance within the site(s) of any work will not be tolerated. Employees of Contractor and subcontractors are prohibited from being under the influence of alcohol within the site(s) of
any work. The Contractor shall be responsible for initiating, maintaining, and supervising safety and anti- substance abuse programs in connection with the work.
If the work to be performed under this contract involves confined space work, the Contractor shall prepare confined space operating and rescue procedures fully complying with the applicable provisions of Section 5158, Title 8, California Code of Regulations and shall submit the procedures to the District. The Contractor shall be fully responsible for the adequacy of the procedures. The District shall neither review nor accept the procedures, and the sole purpose of submitting the procedures is to advise the District that such procedures have been prepared.
To the extent required by Labor Code Section 6401.7, Contractor shall establish, implement, and maintain a written injury prevention program, and shall take all actions necessary to comply with all provisions thereof before proceeding with any work under the Agreement, including but not limited to furnishing and maintaining all safety equipment, test equipment, and safety apparel applicable to the work, enforcing the use of such equipment by its employees and the employees of any of its subcontractors, and furnishing all items necessary for giving first aid and other medical treatment to anyone injured at any site(s) of work, and shall provide for the immediate removal of such person to a hospital or a doctor’s care.
If death or serious injuries or illness, or serious damages are caused, the accident or illness shall be reported immediately by telephone or messenger to the District. In addition, the Contractor must promptly report in writing to the District, all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site(s), giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Agreement. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the District, giving full details of the claim.
22. Differing Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the District, in writing, of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated.
c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement.
In addition to giving written notice as described above upon encountering material that the Contractor believes may be “hazardous waste” as defined above, Contractor also shall immediately stop all work to any area affected by said material, if continuing work may present a substantial danger to persons or property exposed to the materials in connection with any work at the site. These obligations pertaining to “hazardous waste” shall apply only to such “hazardous waste” not shown or indicated in the Agreement documents to be within the scope of work.
The District, or the Contractor, if the District so directs in its sole discretion, shall promptly investigate the conditions, determine the necessity to retain a qualified expert to evaluate such hazardous condition, and/or to take corrective action, if necessary, and if the District finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the District shall cause to be issued a change order. Contractor shall not be required to resume work in connection with such hazardous condition identified in the Agreement documents, or in any such affected area until after District has obtained any required permits related thereto and delivered to Contractor special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of work, or (ii) specifying any special conditions under which such work may be resumed safely.
In the event that a dispute arises between the District and the Contractor whether the conditions materially differ, or involve hazardous waste (other than that shown or indicated in the Agreement documents), or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement provided that, if after receipt of the special written notice described above in this paragraph 22, Contractor does not agree to resume such work based upon a reasonable belief that it is unsafe to do so, or does not agree to resume such work under the special conditions specified in said special written notice, the District may at its sole election order the portion of the work affected by said hazardous waste to be deleted from the work, and the District may thereupon have the portion of the work so deleted performed by District’s own forces or by separate Agreement(s). The Contractor shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
No claim of the Contractor under this clause (or otherwise under this Agreement) shall be allowed unless the Contractor has given written notice of its intention to make claim (which shall be labeled "Notice of Potential Claim") before beginning any work that it contends is not required under the Agreement, or in within five (5) days of receipt of a decision of the District rejecting the Contractor’s request for additional compensation or a time extension. Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount.
It is agreed that unless such notice is properly given, the Contractor shall not recover costs incurred by it as a result of the alleged extra work, changed work, or other situation which, had proper notice been given, would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the District, and is not merely a formality. Such notice allows the District to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshal facts, and to plan its affairs.
In addition, the Contractor shall keep accurate records of its costs, and shall submit to the District on a weekly basis, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used and for which compensation is being sought. Within thirty (30) days after incurring the last cost for work for which the Contractor contends it is due additional compensation, the Contractor shall submit to the District, as best it is able, its costs itemized in detail incurred for the claimed matter.
Should either party to this Agreement bring legal action against the other, the case shall be handled in the California county where the work is being performed.
The Contractor shall cooperate with forces engaged in sampling, investigation, and clean-up work pertaining to hazardous waste (whether or not said hazardous waste is shown or indicated in the Agreement documents) and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces.
The District shall not be responsible for any such materials brought to the site by the Contractor, subcontractors, suppliers, or anyone else for whom the Contractor is responsible. 23. Retention
As specified in Public Contract Code Section 9203, District will deduct and retain five percent (5%) from each progress payment, if any, and will retain such amounts in accordance therewith as part security for the satisfactory and timely completion of the work until release thereof is required under Public Contract Code Section 7109.
In addition to the amount which the District may otherwise retain under the Agreement, the District may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Agreement, damage to the District or a third party, and any costs or penalties imposed because of the failure of the Contractor or any subcontractor to comply with environmental, labor, employee safety, or any other regulatory requirements. When the above reasons for withholding are resolved, payment may be made to the Contractor for amounts withheld less any District incurred expenses.
a. Pursuant to Public Contract Code Section 22300, for moneys earned by the Contractor and withheld by the District to ensure the performance of the Agreement or otherwise as provided above, the Contractor may, at their option, choose to substitute securities, meeting the requirements of said Section 22300. In the event the Contractor wishes to choose this option, the Contractor shall enter into an escrow agreement with the District and the escrow agent, a qualified bank to be acceptable to the District, in the form of the agreement included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing agreement.
b. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Agreement. If, upon written notice from the District, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of moneys to be withheld by the District to ensure performance, Contractor shall, within five (5) days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the District, or in escrow, is equivalent to the amount of money to be withheld by the District under the Agreement.
c. If Contractor wishes to exercise this option, it shall, at the request of any subcontractor performing more than five percent (5%) of the Contractor’s total bid/proposal price, make this same option available to the subcontractor regarding any moneys withheld in retention by the Contractor, and if the Contractor elects to receive interest on any moneys withheld in retention by the District, then the subcontractor shall receive the identical rate of interest on any retention moneys withheld from the subcontractor by the Contractor. In addition, if Contractor wishes to exercise its option to substitute securities, it shall give notice in writing to District, and shall thereafter execute an escrow agreement in the form entitled SECURITY DEPOSITS IN LIEU OF RETENTION.
24. Dispute Resolution
Under Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section.
Unless this Agreement provides otherwise, all claims, counterclaims, disputes, and other matters in question between the District and the Contractor that are not resolved between the District and the Contractor, and are not governed by Public Contract Code 20104, shall be decided by a court of competent jurisdiction unless arbitration is mutually agreeable to both parties. Should either party to this Agreement bring legal action against the other, the case shall be handled in the California county where the work is being performed.
25. Underground Work
The following provisions will govern any underground work under this Agreement. a. For each excavation five (5) feet or more in depth, Contractor shall provide shoring, bracing, sloping, or make other provisions in accordance with Labor Code Section 6705, to protect workers from hazard of caving ground during such excavation. In addition, the Contractor shall submit, sufficiently in advance of excavation to permit review by the District, detailed plans showing the design of the provisions to be made for worker protection from hazard of caving ground during such excavation. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety Orders, and shall be accepted by the District before excavation may begin. The Contractor shall designate in writing to the District’s Construction Administrator the "competent person" with the authority and responsibilities designed in the Construction Safety Orders. By submitting its plan, the Contractor warrants that its actions pursuant thereto shall not impose tort liability on the District, its consultants, and their respective employees, agents.
b. As required under Government Code Sections 4216 to 4216.9, the Contractor shall notify the appropriate regional notification center of all excavations. The Contractor shall contact Underground Service Alert at 1-800-642-2444 for the location of underground facilities. At least two (2) days before performing any excavation work, the Contractor shall request the owners of underground facilities to mark or otherwise indicate the location thereof. Contractor shall furnish to the Construction Administrator written documentation of its contact(s) with Underground Service Alert and of its contact(s) with such owners requesting them to mark or otherwise indicate the location of their respective facilities.
c. It shall be the Contractor's responsibility to determine the exact location and depth of all underground facilities, including service connections, which have been marked by the respective owners, and which Contractor believes may affect or be affected by Contractor's operations. The Contractor assumes responsibility for the removal, relocation, or protection of existing underground facilities wherein said facilities are correctly marked and/or delineated with reasonable accuracy on District’s plans, and other underground facilities apparent from visual inspection of the site or which can be inferred from the presence of other visible facilities such as buildings, meters, junction boxes, etc., on or adjacent to the construction site. The Contractor shall coordinate with the owner of underground facilities for the rearrangement thereof. Full compensation for such work shall be considered as included in the price specified in Section 3 (“Payment”) of the Agreement. Temporary or permanent relocation or alteration of underground facilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs.
d. The Contractor shall immediately notify the District and the owner of any underground facility that it has damaged. The Contractor shall be responsible for the cost of repairing and/or relocating damaged utility mains and other underground facilities correctly marked and/or delineated with reasonable accuracy on District’s plans, and other facilities apparent from visual inspection of the site or which can be inferred from the presence of other visible facilities. In the event that underground facilities are found that are not shown in the District’s plans or are found to exist in a substantially different location than shown in the District’s plans, the Contractor shall immediately: (1) notify the District in writing of the existence of said facilities; and (2) take steps to ascertain the exact location thereof prior to doing any further work that may damage such facilities. The Contractor shall be entitled to compensation for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating facilities other than those for which the Contractor is the responsible party under the preceding paragraph.
e. The right is reserved to the District and the owners of underground facilities or their authorized agents to enter upon the work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs thereto. The Contractor shall cooperate with such forces so as to allow the respective owners sufficient time to relocate their underground facilities. Except where the owner of a damaged underground facility or installation has advised that it intends to repair the damage through its own forces or forces that it will retain or has retained, Contractor shall, within twenty four (24) hours of receipt from the District of notice to commence correction of damage, notify the District, in writing, if Contractor intends to repair the damage. The Contractor's failure to provide timely written notification that it intends to repair the damage shall be deemed its agreement that the District may repair the damage at Contractor's expense without further notice and without prejudice to any other remedy available to District.
26. Forms Included as Part of the Agreement
a. Forms - Section 00100-23.0 PROPOSER’S CHECKLIST b. Bond of Faithful Performance (Section 00610) c. Payment Bond (Section 00620) d. Insurance Certificates
The Contractor will be required to complete and submit the Faithful Performance Bond, Payment Bond, and Insurance Certificates within ten (10) days of award of the Agreement, and before any work starts under the terms of the Agreement.
27. Warranty and Scheduled Maintenance
The Contractor hereby agrees to make, at its own expense, all repairs or replacements necessitated by defects in materials or workmanship, in those components provided, installed, replaced and/or modified by the Contractor, and pay for any damage to other works resulting from such defects, which becomes evident within one (1) year after the date of acceptance of installation work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Agreement. This warranty shall include all parts and labor and the performance of all manufacturers’ recommended maintenance. This in no way shall limit, amend or reduce any manufacturer’s warranty. The Contractor further assumes responsibility for a similar guarantee for all work and materials provided by subcontractors. This warranty shall not apply to existing equipment that was not modified or significantly adjusted so as to change its operation. The Contractor also agrees to indemnify, defend and hold the District harmless from liability of any kind arising from damage due to covered defects.
Prior to the final acceptance of installation work, the Contractor shall provide phone numbers for around- the-clock notification of the need for emergency service repairs, a schedule showing specific dates for routine maintenance service calls, and shall execute and submit a completed Warranty Form in the format approved by the District.
The Contractor shall respond within four (4) hours of District’s emergency service call after receipt of notice from the District, and promptly make all repairs arising out of defective materials, workmanship, or equipment. In the event that a service response does not occur within four (4) hours, or diligent efforts are not made to effect repairs, the District will notify the Contractor (by fax or voice mail if no representative is available) of its intent to secure another service provider. Thereafter, the District is authorized to make such repairs, and the Contractor and his Surety shall be liable for the cost thereof. In case of emergency, where, in the opinion of the District, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection therewith shall be charged to the Contractor, and his Surety shall be liable for the cost thereof. The Contractor shall direct all of its equipment suppliers and/or manufacturers to promptly provide to it and to the District any and all information concerning product defects or other problems and shall promptly forward to the District any such information received, whether before, during, or after the warranty period.
Prior to the expiration of the warranty period, the District reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds, and maintenance requirements, and determine required repair or replacement of defective items.
*** END OF ATTACHMENT *** RESOLUTION NO. ______
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT APPROVING AND AUTHORIZING EXECUTION OF TECHNICAL SERVICES AGREEMENT WITH MOUNTAIN CASCADE, INC. FOR ON-CALL WATER AND SEWER REPAIRS FOR FISCAL YEARS ENDING 2016 THROUGH 2018
WHEREAS, facilities that serve current customers of Dublin San Ramon Services District
(District) are needed to be maintained at a prescribed level; and
WHEREAS, it is critical to repair District facilities in a timely and expeditious manner;
and
WHEREAS, events requiring repair work and quantities of time and materials required for
repair work are unpredictable; and
WHEREAS, on July 28, 2015 the District solicited proposals for On-Call Water and Sewer
Repairs for Fiscal Years Ending 2016 through 2018 to create a short list of qualified contractors based on experience, safety rating, and ability to meet schedule; and
WHEREAS, pursuant to said solicitation, three (3) proposals were received on August 13,
2015 for the performance of said work and all three (3) contractors were selected to be on the short
list; and
WHEREAS, the contract documents have established a procedure for calling contractors
on the short list; and
WHEREAS, it is the intention and desire of this Board to accept said pricing schedules for
services rendered by each contractor on the short list.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
DUBLIN SAN RAMON SERVICES DISTRICT, a public agency located in the counties of
Alameda and Contra Costa, California, as follows:
1 Res. No. ______
1. The proposal of Mountain Cascade, Inc. is hereby accepted and said proposer has met all obligations requested in the request for proposal and is hereby selected to be on the short list of qualified contractors to complete the work on as needed basis. 2. That certain agreement titled “Technical Services Agreement,” (Exhibit A) by and between Dublin San Ramon Services District, a California public agency, and Mountain Cascade, Inc., is hereby approved, and the General Manager and District Secretary are hereby authorized and directed to execute, and to attest thereto, respectively, said agreement for and on behalf of Dublin San Ramon Services District. 3. The General Manager is hereby authorized to exercise the option to extend the agreement for additional two (2) years. 4. The General Manager is hereby authorized to approve the payment for the services rendered by Mountain Cascade, Inc., as needed, up to the total sum not to exceed the annual budget limit. ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, counties of Alameda and Contra Costa, at its board meeting held on the 1st day of September 2015, and passed by the following vote:
AYES:
NOES:
ABSENT:
______Edward R. Duarte, President
ATTEST: ______Nicole Genzale, District Secretary
2
H:\Board\2015\09-01-15\8C Water and Sewer Repair On-Call Agmt\On-Call Repair MCI Res1.docx Exhibit A to Resolution
DUBLIN SAN RAMON SERVICES DISTRICT Technical Services Agreement
THIS AGREEMENT for technical services is between Dublin San Ramon Services District ("District") and Mountain Cascade, Inc. ("Contractor"). Contractor's address is 555 Exchange Court, Livermore, CA 94550, telephone (925) 373-8370, and fax number (925) 373-0179. Contractor is a [X] corporation, [ ] partnership, [ ] individual, having taxpayer's identification or Social Security number 94-2806169, and professional license class and number Class A Contractor License Number 422496.
Section 1: The Agreement. District and Contractor agree that Contractor shall perform technical services for District on the terms and conditions herein set forth in connection with District's ON-CALL WATER AND SEWER REPAIRS (FYE 2016 - 2018) Request for Proposals. The following documents are attached hereto and are a part of this Agreement:
Notice Inviting Proposals Instructions to Proposers Proposal Form Pricing Schedule Designation of Subcontractors Certification of Drug-Free Workplace Requirements Certification of Proposer’s Experience and Qualifications Acknowledgement of Insurance Requirements Non-collusion Affidavit Affidavit of Safety Compliance Bond of Faithful Performance Payment Bond General Liability Endorsement Auto Liability Endorsement Summary of Work Measurement and Payment General Agreement Provisions
This Agreement, including said attachments, constitutes the entire agreement between the parties and supersedes any prior proposals, representations, or understandings. This Agreement may be modified only by a written amendment signed by each party.
Section 2: Time of Performance. Unless otherwise stated in Summary of Work & Measurement and Payment, Contractor is authorized to commence performance of this Agreement upon its execution by the District and receipt of a Notice to Proceed from the District. The term of the initial contract will be from the date of its execution through June 30, 2018. The District reserves the right and Contractor accepts the contract subject to such reservation, to extend the contract annually for two (2) one year contract extensions, in accordance with the procedures set forth in Section 01010-2.1, Contract Terms and Duration (i.e. thru FYE 2020 {June 30, 2020}).
The District has established a list of two (2) qualified Contractors to perform this work. The Contractors with the highest ranked proposals will be selected for on call work; however, the District reserves the right to contact another vendor if the Contractors cannot mobilize a crew.
Contractor shall complete all services requested by the District pursuant to this Agreement in accordance with the conditions of the General Agreement Provisions and the Specific Requirements.
Section 3: Payment. Contractor shall, at convenient intervals not more frequently than monthly, submit itemized statements of services performed at the rates and charges in the Pricing Schedule. District shall pay for work satisfactorily performed within thirty (30) days after receipt of a statement, less any retention withheld as specified in Summary of Work & Measurement and Payment. The total amount payable by District for Contractor's services
ON-CALL WATER AND SEWER REPAIRS (FYE 2016 - 2018) TSA Version Sept 2014 pursuant to the Agreement shall not exceed $420,000 per fiscal year without the prior written approval of the District.
Section 4: Termination. District may terminate this Agreement at any time by fifteen (15) days prior written notice to Contractor. Upon termination, District shall pay Contractor for all amounts due for service rendered up to the date of termination.
Dated ______
DUBLIN SAN RAMON SERVICES DISTRICT CONTRACTOR
By: ______By: ______
Title: General Manager Title: ______
Attest: ______Nicole Genzale District Secretary
ON-CALL WATER AND SEWER REPAIRS (FYE 2016 - 2018) TSA Version Sept 2014 GENERAL AGREEMENT PROVISIONS
1. Bonds
Unless excused by the District, the Contractor shall furnish, on forms provided by the District, a Payment Bond and a Faithful Performance Bond, each of which shall be in an amount equal to One-hundred Thousand Dollars ($100,000). The Faithful Performance Bond is to secure the faithful performance of the Contract, and the Payment Bond is to secure the payment of those to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the Contractor in performing the work. Said bonds shall be secured from a surety company satisfactory to District or shall comply with the minimum requirements specified in sections 995.610 through 995.660 of the California Code of Civil Procedure.
2. Insurance
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scope and Limit of Insurance:
a. Commercial General Liability (CGL): Insurance Services Office Form CG0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automotive Liability: ISO Form Number CA0001 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains higher limits than the minimums shown above, the District requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District.
The insurance policies are to contain, or to be endorsed to contain, the following provisions:
a. Additional Insured Status: The District, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG20101185 or if not available, through the addition of both CG2010 and CG2037 if a later edition is used).
b. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with thirty (3) day notice to the District.
d. Waiver of Subrogation: Contractor hereby grants to District a waiver of any right to subrogation which any insurer of said Contractor may acquire against the District by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer.
e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the District. The District may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the District.
g. Verification of Coverage: Contractor shall furnish the District with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the District before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
h. Special Risks or Circumstances: The District reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
3. Hold Harmless and Indemnification
To the extent permitted by law, the Contractor shall hold harmless the District, its officers, agents and employees from, and indemnify and defend them against any liability, claim or loss for damage to any property or injury to or death of any person or persons in any case arising from or connected with the performance of the Agreement.
4. Laws and Regulations
The Contractor shall observe and comply with all Federal, State, and local laws, ordinances, codes, orders and regulations which in any manner affect those engaged or employed on the work, materials used in the work, or the conduct of the work. If any discrepancy or inconsistency should be discovered in this Agreement in relation to any such law, ordinance, code, order, or regulation, the Contractor shall report the same in writing to the District’s Contract Administrator. The Contractor shall indemnify, hold harmless and defend the District, its officers, agents and employees, against all claims or liability arising from violation of any such law, ordinance, code, order, or regulation, whether by the Contractor, the Contractor's employees, or its subcontractors. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
The Contractor or subcontractor offers and agrees to assign to the District all rights, title and interest in, and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2) commencing with Section 16700 (of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the District tenders final payment to the Contractor, without further acknowledgment by the parties. 5. Permits and Licenses
Unless otherwise provided, the Contractor shall obtain at his own expense all permits and licenses or property used in connection with the work, including all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500, and shall pay all taxes properly assessed against his/her equipment or property used in connection with the work. The Contractor shall possess a current and valid State of California Contractor's License/endorsement, and shall not employ any subcontractors that are not properly licensed in accordance with State law, or change any subcontractors listed in the Agreement without the consent of the District using the procedures set forth in Public Contract Code 4100 et. seq.
6. Sales and Use Taxes
The Contractor shall pay all sales and use taxes assessed by Federal, State, or local authorities on parts and materials furnished by the Contractor in the performance of the work.
7. Patents and Copyrights
The Contractor shall defend, indemnify, and save harmless the District, its officers, agents and employees against all claims or liability arising from the use of any patented or copyrighted design, device, material, or process used by Contractor or any subcontractors in the performance of the work.
8. Termination
If any or all services to be performed under the Agreement are abandoned by the Contractor, or if the District determines that the schedule of service is not being maintained, or that the Contractor is violating any of the conditions or provisions of the Agreement or failing to provide a consistently high level of service; and if the Contractor fails to remedy such default within three (3) days after receipt of written notice of such default, or, within three (3) days after receipt of District’s written consent to such longer period to remedy such default, fails to provide satisfactory evidence that such default will be promptly corrected, the District may, at its sole election, choose to terminate any or all portions of the Agreement, or withhold any amounts otherwise due under the Agreement. Thereupon, the District will have the right to complete such service by whatever method the District deems expedient. Any additional expense for completing such service shall be chargeable to the Contractor.
Additionally, the District may, at its option, terminate the Agreement in whole or in part, at any time, by written fifteen (15) day notice thereof to the Contractor, whether or not the Contractor is in default. Upon such termination, the Contractor shall waive any claims for damages, including loss of anticipated profits on account thereof.
9. Waste Disposal
The Contractor shall properly transport and dispose of all waste, including hazardous wastes, generated by these activities. Copies of proper disposal documentation must be maintained by the Contractor and submitted to District on demand.
10. Additions, Deletions and Changes
The District reserves the right to add, delete, or change the scope of work under this Agreement and may do so upon giving written notice to the Contractor. To the extent possible, payment will be made at the unit price set forth in Pricing Schedule. If other changes cause an increase or a reduction in the costs of this agreement, the parties shall attempt to negotiate an equitable adjustment based upon an acceptable lump sum proposal from the Contractor. Any agreed upon adjustment to the prices shall be incorporated in a written Change Order issued by the District, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order.
If the parties cannot agree on a lump sum adjustment, the Contractor shall proceed to do the additional work on a "force account" or time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, who are directly assigned to the force account work, including wages, fringe benefits, if any (as established by negotiated labor agreements or State prevailing wages), and a labor surcharge of thirty percent (30%) for all other fixed labor burdens such as workers' compensation and labor insurance, and labor taxes.
b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor.
c. Equipment rental, for those days or hours during which the equipment is in actual use based on actual rental and transportation invoices.
A fixed fee not to exceed ten percent (10%) of the costs of Items (a), (b), and (c) above covering the cost of general supervision, overhead, profit, bond, insurance, and any other general expenses.
11. Equal Opportunity Employer
The District is committed to equal employment opportunities. The District encourages the consideration and utilization of minority and women-owned businesses.
12. Successors and Assigns
Contractor shall not assign, sell, sublet, or subcontract all or any portion of this Agreement or any personal interest herein or any property, real or personal, used hereunder, without the prior written consent of the District. No assignments by Contractor shall be effective until the assignee shall, in writing, agree to assume and fully perform all of the terms and provisions of the Agreement.
13. Subcontractors
Nothing contained in the Agreement shall create any contractual relation between any subcontractor and the District. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Agreement. The Contractor is fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them, just as the Contractor is fully responsible for the acts and omissions of persons directly employed by the Contractor.
14. Responsibility for the Work
Until completion and acceptance of the work, the Contractor shall have the charge and care of the work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof from any other cause, whether or not arising from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause before its acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the District.
15. Inconsistencies and Omissions
Where the Agreement describes portions of the work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work necessary to complete the work in a satisfactory and workmanlike manner.
Unless specifically noted otherwise, the Agreement and all Attachments are intended to be complementary and applicable to each other.
In resolving inconsistencies among two or more portions of the Agreement and/or the Attachments, the most stringent requirements shall apply.
16. Inspection of Site(s)
The information provided by the District is not intended to be a substitute for, or a supplement to, the independent verification by the Contractor to the extent such independent investigation of site conditions is deemed necessary or desirable by the Contractor. The Contractor is required to satisfy itself, by personal examination of the site(s) of the work or by such other means as they may prefer, of the location and of the actual conditions at the site(s) of work. If, during the course of its examination, the Contractor finds facts or conditions which appear to be in conflict with the letter or spirit of the Agreement, bidding/proposal documents, the Contractor shall report the conflict in writing, to the District’s Contract Administrator, within a reasonable time before submitting its bid/proposal.
The submission of a bid/proposal shall constitute conclusive evidence that, if awarded the Agreement, the Contractor is relying on its own examination of the site(s) of the work, including existing facilities and conditions to be encountered on and in the vicinity of the site(s).
17. Examination of Agreement
The Contractor shall thoroughly examine and be familiar with the Agreement before submitting its proposal. Any inconsistencies or omissions found in the Agreement and/or Attachments shall be reported to the District’s Contract Administrator, who will clarify discrepancies or omissions, in writing, within a reasonable time.
The submission of a bid/proposal shall constitute an acknowledgment, upon which the District may rely, that the Contractor has thoroughly examined and is familiar with the Agreement, with the character, quality and scope of the work to be constructed under the Agreement, including the quality and quantity of the materials and services to be furnished, and all other requirements of the Agreement. The Contractor’s failure or neglect to examine and become familiar with the Agreement, shall in no way relieve it from any obligation with respect to its proposal or to the Agreement, and no claim for additional compensation will be allowed which is based upon a lack of knowledge or misinterpretation of any portion of the Agreement.
18. Waiver or Acquiescence
No action or failure to act by the District’s Contract Administrator or anyone else acting for the District shall constitute a waiver of any right or duty afforded under the Agreement nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 19. Liquidated Damages
It is agreed by the parties to the Agreement that time is of the essence in the completion of this work, and that in case all the work called for under the Agreement, or such portion thereof as may be designated by the District’s Contract Administrator, is not completed before the date specified in Section 2 (“Time of Performance”) of the Agreement or such earlier date as may be specified by the District’s Contract Administrator, or each District facility affected by the work is not restored to full service within the period specified by the District’s Contract Administrator for that facility, damage will be sustained by the District. As it is impracticable to determine the actual delay damage; it is, therefore, agreed that the Contractor shall pay liquidated damages to the District in the amount set forth in Section 2 of the Agreement. Contractor further agrees that if such liquidated damages are not promptly paid, the District may deduct the amount thereof from any moneys due, or that may become due, the Contractor under the Agreement.
20. Prevailing Wages
If any personnel of Contractor or any subcontractor of any tier performs work under the Agreement for which prevailing wages are required to be paid as determined by the Director of the Department of Industrial Relations, Consultant or such subcontractor shall pay the prevailing wage for such work and shall comply with all applicable provisions of the California Labor Code Section relating to public works (Section 1720 and following).
21. Safety
To protect the public’s safety as well as the safety of their employees, the District’s employees, and all persons at or on the site(s) of work, the Contractor and its subcontractors shall take all measures required to comply with all applicable Federal, State, County, and local laws, ordinances, codes, and regulations, including but not limited to, providing protection barriers and barricades, and signs. The Contractor shall be solely and completely responsible for performing all work under this Agreement so as to protect the safety of all persons and property at or near any site(s) of the work. The Contractor shall continually and diligently inspect all work, materials and equipment to discover, and shall be solely responsible for discovery and correction of, such conditions which might cause bodily harm to persons or damage to property. These requirements shall apply twenty-four (24) hours per day continuously during the term of this Agreement and shall not be limited to normal working hours. The District shall not be responsible in any way for the methods selected by the Contractor in discharging its exclusive responsibility for safety of its work hereunder.
The Contractor shall perform all work in a fire-safe manner. He shall supply and maintain on the site adequate fire-fighting equipment capable of extinguishing incipient fires. The Contractor shall comply with applicable Federal, local, and State fire-prevention regulations, or, if these regulations do not apply, applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction Operations (NFPA No. 241).
In the event of any spill or other release to the environment of any regulated chemical in any physical form that occurs on or immediately adjacent to the site(s) and arises from work under this contract, the Contractor shall immediately notify the District. The Contractor shall be responsible for all costs that result from any chemical spill or other release caused by the Contractor including, but not limited to containment, control, and disposal, and any fines or other damages lawfully assessed against the Contractor or the District.
The Contractor shall cooperate fully with District personnel while working within the scope of this contract.
The Contractor shall support a drug-and-alcohol free workplace. The unlawful use, possession, or distribution of a controlled substance within the site(s) of any work will not be tolerated. Employees of Contractor and subcontractors are prohibited from being under the influence of alcohol within the site(s) of any work. The Contractor shall be responsible for initiating, maintaining, and supervising safety and anti- substance abuse programs in connection with the work.
If the work to be performed under this contract involves confined space work, the Contractor shall prepare confined space operating and rescue procedures fully complying with the applicable provisions of Section 5158, Title 8, California Code of Regulations and shall submit the procedures to the District. The Contractor shall be fully responsible for the adequacy of the procedures. The District shall neither review nor accept the procedures, and the sole purpose of submitting the procedures is to advise the District that such procedures have been prepared.
To the extent required by Labor Code Section 6401.7, Contractor shall establish, implement, and maintain a written injury prevention program, and shall take all actions necessary to comply with all provisions thereof before proceeding with any work under the Agreement, including but not limited to furnishing and maintaining all safety equipment, test equipment, and safety apparel applicable to the work, enforcing the use of such equipment by its employees and the employees of any of its subcontractors, and furnishing all items necessary for giving first aid and other medical treatment to anyone injured at any site(s) of work, and shall provide for the immediate removal of such person to a hospital or a doctor’s care.
If death or serious injuries or illness, or serious damages are caused, the accident or illness shall be reported immediately by telephone or messenger to the District. In addition, the Contractor must promptly report in writing to the District, all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site(s), giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Agreement. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the District, giving full details of the claim.
22. Differing Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the District, in writing, of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated.
c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement.
In addition to giving written notice as described above upon encountering material that the Contractor believes may be “hazardous waste” as defined above, Contractor also shall immediately stop all work to any area affected by said material, if continuing work may present a substantial danger to persons or property exposed to the materials in connection with any work at the site. These obligations pertaining to “hazardous waste” shall apply only to such “hazardous waste” not shown or indicated in the Agreement documents to be within the scope of work.
The District, or the Contractor, if the District so directs in its sole discretion, shall promptly investigate the conditions, determine the necessity to retain a qualified expert to evaluate such hazardous condition, and/or to take corrective action, if necessary, and if the District finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the District shall cause to be issued a change order. Contractor shall not be required to resume work in connection with such hazardous condition identified in the Agreement documents, or in any such affected area until after District has obtained any required permits related thereto and delivered to Contractor special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of work, or (ii) specifying any special conditions under which such work may be resumed safely.
In the event that a dispute arises between the District and the Contractor whether the conditions materially differ, or involve hazardous waste (other than that shown or indicated in the Agreement documents), or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement provided that, if after receipt of the special written notice described above in this paragraph 22, Contractor does not agree to resume such work based upon a reasonable belief that it is unsafe to do so, or does not agree to resume such work under the special conditions specified in said special written notice, the District may at its sole election order the portion of the work affected by said hazardous waste to be deleted from the work, and the District may thereupon have the portion of the work so deleted performed by District’s own forces or by separate Agreement(s). The Contractor shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
No claim of the Contractor under this clause (or otherwise under this Agreement) shall be allowed unless the Contractor has given written notice of its intention to make claim (which shall be labeled "Notice of Potential Claim") before beginning any work that it contends is not required under the Agreement, or in within five (5) days of receipt of a decision of the District rejecting the Contractor’s request for additional compensation or a time extension. Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount.
It is agreed that unless such notice is properly given, the Contractor shall not recover costs incurred by it as a result of the alleged extra work, changed work, or other situation which, had proper notice been given, would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the District, and is not merely a formality. Such notice allows the District to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshal facts, and to plan its affairs.
In addition, the Contractor shall keep accurate records of its costs, and shall submit to the District on a weekly basis, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used and for which compensation is being sought. Within thirty (30) days after incurring the last cost for work for which the Contractor contends it is due additional compensation, the Contractor shall submit to the District, as best it is able, its costs itemized in detail incurred for the claimed matter.
Should either party to this Agreement bring legal action against the other, the case shall be handled in the California county where the work is being performed.
The Contractor shall cooperate with forces engaged in sampling, investigation, and clean-up work pertaining to hazardous waste (whether or not said hazardous waste is shown or indicated in the Agreement documents) and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces.
The District shall not be responsible for any such materials brought to the site by the Contractor, subcontractors, suppliers, or anyone else for whom the Contractor is responsible. 23. Retention
As specified in Public Contract Code Section 9203, District will deduct and retain five percent (5%) from each progress payment, if any, and will retain such amounts in accordance therewith as part security for the satisfactory and timely completion of the work until release thereof is required under Public Contract Code Section 7109.
In addition to the amount which the District may otherwise retain under the Agreement, the District may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Agreement, damage to the District or a third party, and any costs or penalties imposed because of the failure of the Contractor or any subcontractor to comply with environmental, labor, employee safety, or any other regulatory requirements. When the above reasons for withholding are resolved, payment may be made to the Contractor for amounts withheld less any District incurred expenses.
a. Pursuant to Public Contract Code Section 22300, for moneys earned by the Contractor and withheld by the District to ensure the performance of the Agreement or otherwise as provided above, the Contractor may, at their option, choose to substitute securities, meeting the requirements of said Section 22300. In the event the Contractor wishes to choose this option, the Contractor shall enter into an escrow agreement with the District and the escrow agent, a qualified bank to be acceptable to the District, in the form of the agreement included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing agreement.
b. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Agreement. If, upon written notice from the District, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of moneys to be withheld by the District to ensure performance, Contractor shall, within five (5) days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the District, or in escrow, is equivalent to the amount of money to be withheld by the District under the Agreement.
c. If Contractor wishes to exercise this option, it shall, at the request of any subcontractor performing more than five percent (5%) of the Contractor’s total bid/proposal price, make this same option available to the subcontractor regarding any moneys withheld in retention by the Contractor, and if the Contractor elects to receive interest on any moneys withheld in retention by the District, then the subcontractor shall receive the identical rate of interest on any retention moneys withheld from the subcontractor by the Contractor. In addition, if Contractor wishes to exercise its option to substitute securities, it shall give notice in writing to District, and shall thereafter execute an escrow agreement in the form entitled SECURITY DEPOSITS IN LIEU OF RETENTION.
24. Dispute Resolution
Under Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section.
Unless this Agreement provides otherwise, all claims, counterclaims, disputes, and other matters in question between the District and the Contractor that are not resolved between the District and the Contractor, and are not governed by Public Contract Code 20104, shall be decided by a court of competent jurisdiction unless arbitration is mutually agreeable to both parties. Should either party to this Agreement bring legal action against the other, the case shall be handled in the California county where the work is being performed.
25. Underground Work
The following provisions will govern any underground work under this Agreement. a. For each excavation five (5) feet or more in depth, Contractor shall provide shoring, bracing, sloping, or make other provisions in accordance with Labor Code Section 6705, to protect workers from hazard of caving ground during such excavation. In addition, the Contractor shall submit, sufficiently in advance of excavation to permit review by the District, detailed plans showing the design of the provisions to be made for worker protection from hazard of caving ground during such excavation. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety Orders, and shall be accepted by the District before excavation may begin. The Contractor shall designate in writing to the District’s Construction Administrator the "competent person" with the authority and responsibilities designed in the Construction Safety Orders. By submitting its plan, the Contractor warrants that its actions pursuant thereto shall not impose tort liability on the District, its consultants, and their respective employees, agents.
b. As required under Government Code Sections 4216 to 4216.9, the Contractor shall notify the appropriate regional notification center of all excavations. The Contractor shall contact Underground Service Alert at 1-800-642-2444 for the location of underground facilities. At least two (2) days before performing any excavation work, the Contractor shall request the owners of underground facilities to mark or otherwise indicate the location thereof. Contractor shall furnish to the Construction Administrator written documentation of its contact(s) with Underground Service Alert and of its contact(s) with such owners requesting them to mark or otherwise indicate the location of their respective facilities.
c. It shall be the Contractor's responsibility to determine the exact location and depth of all underground facilities, including service connections, which have been marked by the respective owners, and which Contractor believes may affect or be affected by Contractor's operations. The Contractor assumes responsibility for the removal, relocation, or protection of existing underground facilities wherein said facilities are correctly marked and/or delineated with reasonable accuracy on District’s plans, and other underground facilities apparent from visual inspection of the site or which can be inferred from the presence of other visible facilities such as buildings, meters, junction boxes, etc., on or adjacent to the construction site. The Contractor shall coordinate with the owner of underground facilities for the rearrangement thereof. Full compensation for such work shall be considered as included in the price specified in Section 3 (“Payment”) of the Agreement. Temporary or permanent relocation or alteration of underground facilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs.
d. The Contractor shall immediately notify the District and the owner of any underground facility that it has damaged. The Contractor shall be responsible for the cost of repairing and/or relocating damaged utility mains and other underground facilities correctly marked and/or delineated with reasonable accuracy on District’s plans, and other facilities apparent from visual inspection of the site or which can be inferred from the presence of other visible facilities. In the event that underground facilities are found that are not shown in the District’s plans or are found to exist in a substantially different location than shown in the District’s plans, the Contractor shall immediately: (1) notify the District in writing of the existence of said facilities; and (2) take steps to ascertain the exact location thereof prior to doing any further work that may damage such facilities. The Contractor shall be entitled to compensation for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating facilities other than those for which the Contractor is the responsible party under the preceding paragraph.
e. The right is reserved to the District and the owners of underground facilities or their authorized agents to enter upon the work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs thereto. The Contractor shall cooperate with such forces so as to allow the respective owners sufficient time to relocate their underground facilities. Except where the owner of a damaged underground facility or installation has advised that it intends to repair the damage through its own forces or forces that it will retain or has retained, Contractor shall, within twenty four (24) hours of receipt from the District of notice to commence correction of damage, notify the District, in writing, if Contractor intends to repair the damage. The Contractor's failure to provide timely written notification that it intends to repair the damage shall be deemed its agreement that the District may repair the damage at Contractor's expense without further notice and without prejudice to any other remedy available to District.
26. Forms Included as Part of the Agreement
a. Forms - Section 00100-23.0 PROPOSER’S CHECKLIST b. Bond of Faithful Performance (Section 00610) c. Payment Bond (Section 00620) d. Insurance Certificates
The Contractor will be required to complete and submit the Faithful Performance Bond, Payment Bond, and Insurance Certificates within ten (10) days of award of the Agreement, and before any work starts under the terms of the Agreement.
27. Warranty and Scheduled Maintenance
The Contractor hereby agrees to make, at its own expense, all repairs or replacements necessitated by defects in materials or workmanship, in those components provided, installed, replaced and/or modified by the Contractor, and pay for any damage to other works resulting from such defects, which becomes evident within one (1) year after the date of acceptance of installation work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Agreement. This warranty shall include all parts and labor and the performance of all manufacturers’ recommended maintenance. This in no way shall limit, amend or reduce any manufacturer’s warranty. The Contractor further assumes responsibility for a similar guarantee for all work and materials provided by subcontractors. This warranty shall not apply to existing equipment that was not modified or significantly adjusted so as to change its operation. The Contractor also agrees to indemnify, defend and hold the District harmless from liability of any kind arising from damage due to covered defects.
Prior to the final acceptance of installation work, the Contractor shall provide phone numbers for around- the-clock notification of the need for emergency service repairs, a schedule showing specific dates for routine maintenance service calls, and shall execute and submit a completed Warranty Form in the format approved by the District.
The Contractor shall respond within four (4) hours of District’s emergency service call after receipt of notice from the District, and promptly make all repairs arising out of defective materials, workmanship, or equipment. In the event that a service response does not occur within four (4) hours, or diligent efforts are not made to effect repairs, the District will notify the Contractor (by fax or voice mail if no representative is available) of its intent to secure another service provider. Thereafter, the District is authorized to make such repairs, and the Contractor and his Surety shall be liable for the cost thereof. In case of emergency, where, in the opinion of the District, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection therewith shall be charged to the Contractor, and his Surety shall be liable for the cost thereof. The Contractor shall direct all of its equipment suppliers and/or manufacturers to promptly provide to it and to the District any and all information concerning product defects or other problems and shall promptly forward to the District any such information received, whether before, during, or after the warranty period.
Prior to the expiration of the warranty period, the District reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds, and maintenance requirements, and determine required repair or replacement of defective items.
*** END OF ATTACHMENT *** RESOLUTION NO. ______
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT APPROVING AND AUTHORIZING EXECUTION OF TECHNICAL SERVICES AGREEMENT WITH McGUIRE AND HESTER FOR ON-CALL WATER AND SEWER REPAIRS FOR FISCAL YEARS ENDING 2016 THROUGH 2018
WHEREAS, facilities that serve current customers of Dublin San Ramon Services District
(District) are needed to be maintained at a prescribed level; and
WHEREAS, it is critical to repair District facilities in a timely and expeditious manner;
and
WHEREAS, events requiring repair work and quantities of time and materials required for
repair work are unpredictable; and
WHEREAS, on July 28, 2015 the District solicited proposals for On-Call Water and Sewer
Repairs for Fiscal Years Ending 2016 through 2018 to create a short list of qualified contractors based on experience, safety rating, and ability to meet schedule; and
WHEREAS, pursuant to said solicitation, three (3) proposals were received on August 13,
2015 for the performance of said work and all three (3) contractors were selected to be on the short list; and
WHEREAS, the contract documents have established a procedure for calling contractors on the short list; and
WHEREAS, it is the intention and desire of this Board to accept said pricing schedules for services rendered by each contractor on the short list.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
DUBLIN SAN RAMON SERVICES DISTRICT, a public agency located in the counties of
Alameda and Contra Costa, California, as follows:
1 Res. No. ______
1. The proposal of McGuire and Hester is hereby accepted and said proposer has met all obligations requested in the request for proposal and is hereby selected to be on the short list of qualified contractors to complete the work on as needed basis. 2. That certain agreement titled “Technical Services Agreement,” (Exhibit A) by and between Dublin San Ramon Services District, a California public agency, and McGuire and Hester, is hereby approved, and the General Manager and District Secretary are hereby authorized and directed to execute, and to attest thereto, respectively, said agreement for and on behalf of Dublin San Ramon Services District. 3. The General Manager is hereby authorized to exercise the option to extend the agreement for additional two (2) years. 4. The General Manager is hereby authorized to approve the payment for the services rendered by McGuire and Hester, as needed, up to the total sum not to exceed the annual budget limit. ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, counties of Alameda and Contra Costa, at its board meeting held
on the 1st day of September 2015, and passed by the following vote:
AYES:
NOES:
ABSENT:
______Edward R. Duarte, President
ATTEST: ______Nicole Genzale, District Secretary
2
H:\Board\2015\09-01-15\8C Water and Sewer Repair On-Call Agmt\On-Call Repair M&H Res1.docx Exhibit A to Resolution
DUBLIN SAN RAMON SERVICES DISTRICT Technical Services Agreement
THIS AGREEMENT for technical services is between Dublin San Ramon Services District ("District") and McGuire and Hester ("Contractor"). Contractor's address is 9009 Railroad Ave., Oakland, CA 94603, telephone (510) 632-7676, and fax number (510) 562-5210. Contractor is a [X] corporation, [ ] partnership, [ ] individual, having taxpayer's identification or Social Security number 94-1074934, and professional license class and number Class A Contractor License Number 95879.
Section 1: The Agreement. District and Contractor agree that Contractor shall perform technical services for District on the terms and conditions herein set forth in connection with District's ON-CALL WATER AND SEWER REPAIRS (FYE 2016 - 2018) Request for Proposals. The following documents are attached hereto and are a part of this Agreement:
Notice Inviting Proposals Instructions to Proposers Proposal Form Pricing Schedule Designation of Subcontractors Certification of Drug-Free Workplace Requirements Certification of Proposer’s Experience and Qualifications Acknowledgement of Insurance Requirements Non-collusion Affidavit Affidavit of Safety Compliance Bond of Faithful Performance Payment Bond General Liability Endorsement Auto Liability Endorsement Summary of Work Measurement and Payment General Agreement Provisions
This Agreement, including said attachments, constitutes the entire agreement between the parties and supersedes any prior proposals, representations, or understandings. This Agreement may be modified only by a written amendment signed by each party.
Section 2: Time of Performance. Unless otherwise stated in Summary of Work & Measurement and Payment, Contractor is authorized to commence performance of this Agreement upon its execution by the District and receipt of a Notice to Proceed from the District. The term of the initial contract will be from the date of its execution through June 30, 2018. The District reserves the right and Contractor accepts the contract subject to such reservation, to extend the contract annually for two (2) one year contract extensions, in accordance with the procedures set forth in Section 01010-2.1, Contract Terms and Duration (i.e. thru FYE 2020 {June 30, 2020}).
The District has established a list of two (2) qualified Contractors to perform this work. The Contractors with the highest ranked proposals will be selected for on call work; however, the District reserves the right to contact another vendor if the Contractors cannot mobilize a crew.
Contractor shall complete all services requested by the District pursuant to this Agreement in accordance with the conditions of the General Agreement Provisions and the Specific Requirements.
Section 3: Payment. Contractor shall, at convenient intervals not more frequently than monthly, submit itemized statements of services performed at the rates and charges in the Pricing Schedule. District shall pay for work satisfactorily performed within thirty (30) days after receipt of a statement, less any retention withheld as specified in Summary of Work & Measurement and Payment. The total amount payable by District for Contractor's services
ON-CALL WATER AND SEWER REPAIRS (FYE 2016 - 2018) TSA Version Sept 2014 pursuant to the Agreement shall not exceed $420,000 per fiscal year without the prior written approval of the District.
Section 4: Termination. District may terminate this Agreement at any time by fifteen (15) days prior written notice to Contractor. Upon termination, District shall pay Contractor for all amounts due for service rendered up to the date of termination.
Dated ______
DUBLIN SAN RAMON SERVICES DISTRICT CONTRACTOR
By: ______By: ______
Title: General Manager Title: ______
Attest: ______Nicole Genzale District Secretary
ON-CALL WATER AND SEWER REPAIRS (FYE 2016 - 2018) TSA Version Sept 2014 GENERAL AGREEMENT PROVISIONS
1. Bonds
Unless excused by the District, the Contractor shall furnish, on forms provided by the District, a Payment Bond and a Faithful Performance Bond, each of which shall be in an amount equal to One-hundred Thousand Dollars ($100,000). The Faithful Performance Bond is to secure the faithful performance of the Contract, and the Payment Bond is to secure the payment of those to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the Contractor in performing the work. Said bonds shall be secured from a surety company satisfactory to District or shall comply with the minimum requirements specified in sections 995.610 through 995.660 of the California Code of Civil Procedure.
2. Insurance
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scope and Limit of Insurance:
a. Commercial General Liability (CGL): Insurance Services Office Form CG0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Automotive Liability: ISO Form Number CA0001 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains higher limits than the minimums shown above, the District requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District.
The insurance policies are to contain, or to be endorsed to contain, the following provisions:
a. Additional Insured Status: The District, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG20101185 or if not available, through the addition of both CG2010 and CG2037 if a later edition is used).
b. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with thirty (3) day notice to the District.
d. Waiver of Subrogation: Contractor hereby grants to District a waiver of any right to subrogation which any insurer of said Contractor may acquire against the District by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer.
e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the District. The District may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the District.
g. Verification of Coverage: Contractor shall furnish the District with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the District before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
h. Special Risks or Circumstances: The District reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
3. Hold Harmless and Indemnification
To the extent permitted by law, the Contractor shall hold harmless the District, its officers, agents and employees from, and indemnify and defend them against any liability, claim or loss for damage to any property or injury to or death of any person or persons in any case arising from or connected with the performance of the Agreement.
4. Laws and Regulations
The Contractor shall observe and comply with all Federal, State, and local laws, ordinances, codes, orders and regulations which in any manner affect those engaged or employed on the work, materials used in the work, or the conduct of the work. If any discrepancy or inconsistency should be discovered in this Agreement in relation to any such law, ordinance, code, order, or regulation, the Contractor shall report the same in writing to the District’s Contract Administrator. The Contractor shall indemnify, hold harmless and defend the District, its officers, agents and employees, against all claims or liability arising from violation of any such law, ordinance, code, order, or regulation, whether by the Contractor, the Contractor's employees, or its subcontractors. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
The Contractor or subcontractor offers and agrees to assign to the District all rights, title and interest in, and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2) commencing with Section 16700 (of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the District tenders final payment to the Contractor, without further acknowledgment by the parties. 5. Permits and Licenses
Unless otherwise provided, the Contractor shall obtain at his own expense all permits and licenses or property used in connection with the work, including all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500, and shall pay all taxes properly assessed against his/her equipment or property used in connection with the work. The Contractor shall possess a current and valid State of California Contractor's License/endorsement, and shall not employ any subcontractors that are not properly licensed in accordance with State law, or change any subcontractors listed in the Agreement without the consent of the District using the procedures set forth in Public Contract Code 4100 et. seq.
6. Sales and Use Taxes
The Contractor shall pay all sales and use taxes assessed by Federal, State, or local authorities on parts and materials furnished by the Contractor in the performance of the work.
7. Patents and Copyrights
The Contractor shall defend, indemnify, and save harmless the District, its officers, agents and employees against all claims or liability arising from the use of any patented or copyrighted design, device, material, or process used by Contractor or any subcontractors in the performance of the work.
8. Termination
If any or all services to be performed under the Agreement are abandoned by the Contractor, or if the District determines that the schedule of service is not being maintained, or that the Contractor is violating any of the conditions or provisions of the Agreement or failing to provide a consistently high level of service; and if the Contractor fails to remedy such default within three (3) days after receipt of written notice of such default, or, within three (3) days after receipt of District’s written consent to such longer period to remedy such default, fails to provide satisfactory evidence that such default will be promptly corrected, the District may, at its sole election, choose to terminate any or all portions of the Agreement, or withhold any amounts otherwise due under the Agreement. Thereupon, the District will have the right to complete such service by whatever method the District deems expedient. Any additional expense for completing such service shall be chargeable to the Contractor.
Additionally, the District may, at its option, terminate the Agreement in whole or in part, at any time, by written fifteen (15) day notice thereof to the Contractor, whether or not the Contractor is in default. Upon such termination, the Contractor shall waive any claims for damages, including loss of anticipated profits on account thereof.
9. Waste Disposal
The Contractor shall properly transport and dispose of all waste, including hazardous wastes, generated by these activities. Copies of proper disposal documentation must be maintained by the Contractor and submitted to District on demand.
10. Additions, Deletions and Changes
The District reserves the right to add, delete, or change the scope of work under this Agreement and may do so upon giving written notice to the Contractor. To the extent possible, payment will be made at the unit price set forth in Pricing Schedule. If other changes cause an increase or a reduction in the costs of this agreement, the parties shall attempt to negotiate an equitable adjustment based upon an acceptable lump sum proposal from the Contractor. Any agreed upon adjustment to the prices shall be incorporated in a written Change Order issued by the District, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order.
If the parties cannot agree on a lump sum adjustment, the Contractor shall proceed to do the additional work on a "force account" or time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, who are directly assigned to the force account work, including wages, fringe benefits, if any (as established by negotiated labor agreements or State prevailing wages), and a labor surcharge of thirty percent (30%) for all other fixed labor burdens such as workers' compensation and labor insurance, and labor taxes.
b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor.
c. Equipment rental, for those days or hours during which the equipment is in actual use based on actual rental and transportation invoices.
A fixed fee not to exceed ten percent (10%) of the costs of Items (a), (b), and (c) above covering the cost of general supervision, overhead, profit, bond, insurance, and any other general expenses.
11. Equal Opportunity Employer
The District is committed to equal employment opportunities. The District encourages the consideration and utilization of minority and women-owned businesses.
12. Successors and Assigns
Contractor shall not assign, sell, sublet, or subcontract all or any portion of this Agreement or any personal interest herein or any property, real or personal, used hereunder, without the prior written consent of the District. No assignments by Contractor shall be effective until the assignee shall, in writing, agree to assume and fully perform all of the terms and provisions of the Agreement.
13. Subcontractors
Nothing contained in the Agreement shall create any contractual relation between any subcontractor and the District. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Agreement. The Contractor is fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them, just as the Contractor is fully responsible for the acts and omissions of persons directly employed by the Contractor.
14. Responsibility for the Work
Until completion and acceptance of the work, the Contractor shall have the charge and care of the work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof from any other cause, whether or not arising from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause before its acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the District.
15. Inconsistencies and Omissions
Where the Agreement describes portions of the work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work necessary to complete the work in a satisfactory and workmanlike manner.
Unless specifically noted otherwise, the Agreement and all Attachments are intended to be complementary and applicable to each other.
In resolving inconsistencies among two or more portions of the Agreement and/or the Attachments, the most stringent requirements shall apply.
16. Inspection of Site(s)
The information provided by the District is not intended to be a substitute for, or a supplement to, the independent verification by the Contractor to the extent such independent investigation of site conditions is deemed necessary or desirable by the Contractor. The Contractor is required to satisfy itself, by personal examination of the site(s) of the work or by such other means as they may prefer, of the location and of the actual conditions at the site(s) of work. If, during the course of its examination, the Contractor finds facts or conditions which appear to be in conflict with the letter or spirit of the Agreement, bidding/proposal documents, the Contractor shall report the conflict in writing, to the District’s Contract Administrator, within a reasonable time before submitting its bid/proposal.
The submission of a bid/proposal shall constitute conclusive evidence that, if awarded the Agreement, the Contractor is relying on its own examination of the site(s) of the work, including existing facilities and conditions to be encountered on and in the vicinity of the site(s).
17. Examination of Agreement
The Contractor shall thoroughly examine and be familiar with the Agreement before submitting its proposal. Any inconsistencies or omissions found in the Agreement and/or Attachments shall be reported to the District’s Contract Administrator, who will clarify discrepancies or omissions, in writing, within a reasonable time.
The submission of a bid/proposal shall constitute an acknowledgment, upon which the District may rely, that the Contractor has thoroughly examined and is familiar with the Agreement, with the character, quality and scope of the work to be constructed under the Agreement, including the quality and quantity of the materials and services to be furnished, and all other requirements of the Agreement. The Contractor’s failure or neglect to examine and become familiar with the Agreement, shall in no way relieve it from any obligation with respect to its proposal or to the Agreement, and no claim for additional compensation will be allowed which is based upon a lack of knowledge or misinterpretation of any portion of the Agreement.
18. Waiver or Acquiescence
No action or failure to act by the District’s Contract Administrator or anyone else acting for the District shall constitute a waiver of any right or duty afforded under the Agreement nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 19. Liquidated Damages
It is agreed by the parties to the Agreement that time is of the essence in the completion of this work, and that in case all the work called for under the Agreement, or such portion thereof as may be designated by the District’s Contract Administrator, is not completed before the date specified in Section 2 (“Time of Performance”) of the Agreement or such earlier date as may be specified by the District’s Contract Administrator, or each District facility affected by the work is not restored to full service within the period specified by the District’s Contract Administrator for that facility, damage will be sustained by the District. As it is impracticable to determine the actual delay damage; it is, therefore, agreed that the Contractor shall pay liquidated damages to the District in the amount set forth in Section 2 of the Agreement. Contractor further agrees that if such liquidated damages are not promptly paid, the District may deduct the amount thereof from any moneys due, or that may become due, the Contractor under the Agreement.
20. Prevailing Wages
If any personnel of Contractor or any subcontractor of any tier performs work under the Agreement for which prevailing wages are required to be paid as determined by the Director of the Department of Industrial Relations, Consultant or such subcontractor shall pay the prevailing wage for such work and shall comply with all applicable provisions of the California Labor Code Section relating to public works (Section 1720 and following).
21. Safety
To protect the public’s safety as well as the safety of their employees, the District’s employees, and all persons at or on the site(s) of work, the Contractor and its subcontractors shall take all measures required to comply with all applicable Federal, State, County, and local laws, ordinances, codes, and regulations, including but not limited to, providing protection barriers and barricades, and signs. The Contractor shall be solely and completely responsible for performing all work under this Agreement so as to protect the safety of all persons and property at or near any site(s) of the work. The Contractor shall continually and diligently inspect all work, materials and equipment to discover, and shall be solely responsible for discovery and correction of, such conditions which might cause bodily harm to persons or damage to property. These requirements shall apply twenty-four (24) hours per day continuously during the term of this Agreement and shall not be limited to normal working hours. The District shall not be responsible in any way for the methods selected by the Contractor in discharging its exclusive responsibility for safety of its work hereunder.
The Contractor shall perform all work in a fire-safe manner. He shall supply and maintain on the site adequate fire-fighting equipment capable of extinguishing incipient fires. The Contractor shall comply with applicable Federal, local, and State fire-prevention regulations, or, if these regulations do not apply, applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction Operations (NFPA No. 241).
In the event of any spill or other release to the environment of any regulated chemical in any physical form that occurs on or immediately adjacent to the site(s) and arises from work under this contract, the Contractor shall immediately notify the District. The Contractor shall be responsible for all costs that result from any chemical spill or other release caused by the Contractor including, but not limited to containment, control, and disposal, and any fines or other damages lawfully assessed against the Contractor or the District.
The Contractor shall cooperate fully with District personnel while working within the scope of this contract.
The Contractor shall support a drug-and-alcohol free workplace. The unlawful use, possession, or distribution of a controlled substance within the site(s) of any work will not be tolerated. Employees of Contractor and subcontractors are prohibited from being under the influence of alcohol within the site(s) of any work. The Contractor shall be responsible for initiating, maintaining, and supervising safety and anti- substance abuse programs in connection with the work.
If the work to be performed under this contract involves confined space work, the Contractor shall prepare confined space operating and rescue procedures fully complying with the applicable provisions of Section 5158, Title 8, California Code of Regulations and shall submit the procedures to the District. The Contractor shall be fully responsible for the adequacy of the procedures. The District shall neither review nor accept the procedures, and the sole purpose of submitting the procedures is to advise the District that such procedures have been prepared.
To the extent required by Labor Code Section 6401.7, Contractor shall establish, implement, and maintain a written injury prevention program, and shall take all actions necessary to comply with all provisions thereof before proceeding with any work under the Agreement, including but not limited to furnishing and maintaining all safety equipment, test equipment, and safety apparel applicable to the work, enforcing the use of such equipment by its employees and the employees of any of its subcontractors, and furnishing all items necessary for giving first aid and other medical treatment to anyone injured at any site(s) of work, and shall provide for the immediate removal of such person to a hospital or a doctor’s care.
If death or serious injuries or illness, or serious damages are caused, the accident or illness shall be reported immediately by telephone or messenger to the District. In addition, the Contractor must promptly report in writing to the District, all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site(s), giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Agreement. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the District, giving full details of the claim.
22. Differing Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the District, in writing, of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated.
c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement.
In addition to giving written notice as described above upon encountering material that the Contractor believes may be “hazardous waste” as defined above, Contractor also shall immediately stop all work to any area affected by said material, if continuing work may present a substantial danger to persons or property exposed to the materials in connection with any work at the site. These obligations pertaining to “hazardous waste” shall apply only to such “hazardous waste” not shown or indicated in the Agreement documents to be within the scope of work.
The District, or the Contractor, if the District so directs in its sole discretion, shall promptly investigate the conditions, determine the necessity to retain a qualified expert to evaluate such hazardous condition, and/or to take corrective action, if necessary, and if the District finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the District shall cause to be issued a change order. Contractor shall not be required to resume work in connection with such hazardous condition identified in the Agreement documents, or in any such affected area until after District has obtained any required permits related thereto and delivered to Contractor special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of work, or (ii) specifying any special conditions under which such work may be resumed safely.
In the event that a dispute arises between the District and the Contractor whether the conditions materially differ, or involve hazardous waste (other than that shown or indicated in the Agreement documents), or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement provided that, if after receipt of the special written notice described above in this paragraph 22, Contractor does not agree to resume such work based upon a reasonable belief that it is unsafe to do so, or does not agree to resume such work under the special conditions specified in said special written notice, the District may at its sole election order the portion of the work affected by said hazardous waste to be deleted from the work, and the District may thereupon have the portion of the work so deleted performed by District’s own forces or by separate Agreement(s). The Contractor shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
No claim of the Contractor under this clause (or otherwise under this Agreement) shall be allowed unless the Contractor has given written notice of its intention to make claim (which shall be labeled "Notice of Potential Claim") before beginning any work that it contends is not required under the Agreement, or in within five (5) days of receipt of a decision of the District rejecting the Contractor’s request for additional compensation or a time extension. Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount.
It is agreed that unless such notice is properly given, the Contractor shall not recover costs incurred by it as a result of the alleged extra work, changed work, or other situation which, had proper notice been given, would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the District, and is not merely a formality. Such notice allows the District to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshal facts, and to plan its affairs.
In addition, the Contractor shall keep accurate records of its costs, and shall submit to the District on a weekly basis, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used and for which compensation is being sought. Within thirty (30) days after incurring the last cost for work for which the Contractor contends it is due additional compensation, the Contractor shall submit to the District, as best it is able, its costs itemized in detail incurred for the claimed matter.
Should either party to this Agreement bring legal action against the other, the case shall be handled in the California county where the work is being performed.
The Contractor shall cooperate with forces engaged in sampling, investigation, and clean-up work pertaining to hazardous waste (whether or not said hazardous waste is shown or indicated in the Agreement documents) and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces.
The District shall not be responsible for any such materials brought to the site by the Contractor, subcontractors, suppliers, or anyone else for whom the Contractor is responsible. 23. Retention
As specified in Public Contract Code Section 9203, District will deduct and retain five percent (5%) from each progress payment, if any, and will retain such amounts in accordance therewith as part security for the satisfactory and timely completion of the work until release thereof is required under Public Contract Code Section 7109.
In addition to the amount which the District may otherwise retain under the Agreement, the District may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Agreement, damage to the District or a third party, and any costs or penalties imposed because of the failure of the Contractor or any subcontractor to comply with environmental, labor, employee safety, or any other regulatory requirements. When the above reasons for withholding are resolved, payment may be made to the Contractor for amounts withheld less any District incurred expenses.
a. Pursuant to Public Contract Code Section 22300, for moneys earned by the Contractor and withheld by the District to ensure the performance of the Agreement or otherwise as provided above, the Contractor may, at their option, choose to substitute securities, meeting the requirements of said Section 22300. In the event the Contractor wishes to choose this option, the Contractor shall enter into an escrow agreement with the District and the escrow agent, a qualified bank to be acceptable to the District, in the form of the agreement included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing agreement.
b. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Agreement. If, upon written notice from the District, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of moneys to be withheld by the District to ensure performance, Contractor shall, within five (5) days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the District, or in escrow, is equivalent to the amount of money to be withheld by the District under the Agreement.
c. If Contractor wishes to exercise this option, it shall, at the request of any subcontractor performing more than five percent (5%) of the Contractor’s total bid/proposal price, make this same option available to the subcontractor regarding any moneys withheld in retention by the Contractor, and if the Contractor elects to receive interest on any moneys withheld in retention by the District, then the subcontractor shall receive the identical rate of interest on any retention moneys withheld from the subcontractor by the Contractor. In addition, if Contractor wishes to exercise its option to substitute securities, it shall give notice in writing to District, and shall thereafter execute an escrow agreement in the form entitled SECURITY DEPOSITS IN LIEU OF RETENTION.
24. Dispute Resolution
Under Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section.
Unless this Agreement provides otherwise, all claims, counterclaims, disputes, and other matters in question between the District and the Contractor that are not resolved between the District and the Contractor, and are not governed by Public Contract Code 20104, shall be decided by a court of competent jurisdiction unless arbitration is mutually agreeable to both parties. Should either party to this Agreement bring legal action against the other, the case shall be handled in the California county where the work is being performed.
25. Underground Work
The following provisions will govern any underground work under this Agreement. a. For each excavation five (5) feet or more in depth, Contractor shall provide shoring, bracing, sloping, or make other provisions in accordance with Labor Code Section 6705, to protect workers from hazard of caving ground during such excavation. In addition, the Contractor shall submit, sufficiently in advance of excavation to permit review by the District, detailed plans showing the design of the provisions to be made for worker protection from hazard of caving ground during such excavation. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety Orders, and shall be accepted by the District before excavation may begin. The Contractor shall designate in writing to the District’s Construction Administrator the "competent person" with the authority and responsibilities designed in the Construction Safety Orders. By submitting its plan, the Contractor warrants that its actions pursuant thereto shall not impose tort liability on the District, its consultants, and their respective employees, agents.
b. As required under Government Code Sections 4216 to 4216.9, the Contractor shall notify the appropriate regional notification center of all excavations. The Contractor shall contact Underground Service Alert at 1-800-642-2444 for the location of underground facilities. At least two (2) days before performing any excavation work, the Contractor shall request the owners of underground facilities to mark or otherwise indicate the location thereof. Contractor shall furnish to the Construction Administrator written documentation of its contact(s) with Underground Service Alert and of its contact(s) with such owners requesting them to mark or otherwise indicate the location of their respective facilities.
c. It shall be the Contractor's responsibility to determine the exact location and depth of all underground facilities, including service connections, which have been marked by the respective owners, and which Contractor believes may affect or be affected by Contractor's operations. The Contractor assumes responsibility for the removal, relocation, or protection of existing underground facilities wherein said facilities are correctly marked and/or delineated with reasonable accuracy on District’s plans, and other underground facilities apparent from visual inspection of the site or which can be inferred from the presence of other visible facilities such as buildings, meters, junction boxes, etc., on or adjacent to the construction site. The Contractor shall coordinate with the owner of underground facilities for the rearrangement thereof. Full compensation for such work shall be considered as included in the price specified in Section 3 (“Payment”) of the Agreement. Temporary or permanent relocation or alteration of underground facilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs.
d. The Contractor shall immediately notify the District and the owner of any underground facility that it has damaged. The Contractor shall be responsible for the cost of repairing and/or relocating damaged utility mains and other underground facilities correctly marked and/or delineated with reasonable accuracy on District’s plans, and other facilities apparent from visual inspection of the site or which can be inferred from the presence of other visible facilities. In the event that underground facilities are found that are not shown in the District’s plans or are found to exist in a substantially different location than shown in the District’s plans, the Contractor shall immediately: (1) notify the District in writing of the existence of said facilities; and (2) take steps to ascertain the exact location thereof prior to doing any further work that may damage such facilities. The Contractor shall be entitled to compensation for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating facilities other than those for which the Contractor is the responsible party under the preceding paragraph.
e. The right is reserved to the District and the owners of underground facilities or their authorized agents to enter upon the work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs thereto. The Contractor shall cooperate with such forces so as to allow the respective owners sufficient time to relocate their underground facilities. Except where the owner of a damaged underground facility or installation has advised that it intends to repair the damage through its own forces or forces that it will retain or has retained, Contractor shall, within twenty four (24) hours of receipt from the District of notice to commence correction of damage, notify the District, in writing, if Contractor intends to repair the damage. The Contractor's failure to provide timely written notification that it intends to repair the damage shall be deemed its agreement that the District may repair the damage at Contractor's expense without further notice and without prejudice to any other remedy available to District.
26. Forms Included as Part of the Agreement
a. Forms - Section 00100-23.0 PROPOSER’S CHECKLIST b. Bond of Faithful Performance (Section 00610) c. Payment Bond (Section 00620) d. Insurance Certificates
The Contractor will be required to complete and submit the Faithful Performance Bond, Payment Bond, and Insurance Certificates within ten (10) days of award of the Agreement, and before any work starts under the terms of the Agreement.
27. Warranty and Scheduled Maintenance
The Contractor hereby agrees to make, at its own expense, all repairs or replacements necessitated by defects in materials or workmanship, in those components provided, installed, replaced and/or modified by the Contractor, and pay for any damage to other works resulting from such defects, which becomes evident within one (1) year after the date of acceptance of installation work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Agreement. This warranty shall include all parts and labor and the performance of all manufacturers’ recommended maintenance. This in no way shall limit, amend or reduce any manufacturer’s warranty. The Contractor further assumes responsibility for a similar guarantee for all work and materials provided by subcontractors. This warranty shall not apply to existing equipment that was not modified or significantly adjusted so as to change its operation. The Contractor also agrees to indemnify, defend and hold the District harmless from liability of any kind arising from damage due to covered defects.
Prior to the final acceptance of installation work, the Contractor shall provide phone numbers for around- the-clock notification of the need for emergency service repairs, a schedule showing specific dates for routine maintenance service calls, and shall execute and submit a completed Warranty Form in the format approved by the District.
The Contractor shall respond within four (4) hours of District’s emergency service call after receipt of notice from the District, and promptly make all repairs arising out of defective materials, workmanship, or equipment. In the event that a service response does not occur within four (4) hours, or diligent efforts are not made to effect repairs, the District will notify the Contractor (by fax or voice mail if no representative is available) of its intent to secure another service provider. Thereafter, the District is authorized to make such repairs, and the Contractor and his Surety shall be liable for the cost thereof. In case of emergency, where, in the opinion of the District, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection therewith shall be charged to the Contractor, and his Surety shall be liable for the cost thereof. The Contractor shall direct all of its equipment suppliers and/or manufacturers to promptly provide to it and to the District any and all information concerning product defects or other problems and shall promptly forward to the District any such information received, whether before, during, or after the warranty period.
Prior to the expiration of the warranty period, the District reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds, and maintenance requirements, and determine required repair or replacement of defective items.
*** END OF ATTACHMENT *** Agenda Item 8D
Reference Type of Action Board Meeting of Operations Manager Approve Out of State Travel September 1, 2015 Subject Approve Travel to the Lucity CMMS User's Conference in Kansas City, Missouri, for the Field Operations Supervisor and Water/Wastewater Systems Lead Operator Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff D. Gallagher Board Member
Recommendation:
The Operations Manager recommends the Board approve, by Motion, travel for Field Operations Supervisor Clint Byrum and Water/Wastewater System Lead Operator Darin Winton to the Lucity User’s Conference on September 13-16 in Kansas City, Missouri. Lucity is the software that the District utilizes for its computerized maintenance management system (CMMS), including the asset management module.
Summary:
Lucity manufactures the software that the District utilizes for its computerized maintenance management system (CMMS). Beginning with CY 2014, the District began using Lucity’s capabilities to generate work orders for all routine sewer cleaning and CCTV inspections. Each pipe section is assigned a priority for cleaning and inspection based on asset management driven parameters including pipe age, materials of construction, condition assessments, and the consequence of failure. This criteria replaced the previous protocol for scheduling sewer cleaning and CCTV inspections, which relied almost exclusively on the time elapsed since the last routine maintenance. Using asset management driven criteria for scheduling routine collection system maintenance focuses the District’s resources on the areas of the collection system where maintenance is most needed. The Lucity User’s Conference provides three intense days of training sessions on how to utilize the various features of the software. Attendees can choose the training they most need for their particular application. Concurrent training sessions are conducted for managers, end users, GIS technicians, administrative staff, and specialty users.
The FYE 2016 budget for Field Operations Division (FOD) includes $6,750 for training. The direct cost of this trip will not exceed $1,900 for each individual, so the existing budget is more than adequate to cover the cost for these two employees to attend this conference. Out of state travel was not specifically identified in the FYE 2016 budget submittal for Field Operations. However, this User’s Conference presents a unique and timely opportunity for new FOD Supervisor Clint Byrum and WWSO Lead Operator Darin Winton to attend together and become more proficient on the use of Lucity and its many functions. Specifically, in December 2015 FOD will begin generating work orders for all of the sewer cleaning and CCTV inspections that will be conducted during CY 2016. In accordance with District rules and directives, out-of-state conference attendance must be approved by the Board unless it is identified in the approved operating budget.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Not Required D. Gallagher Operations
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $3,800 (within A. Local Sewer Fund 200: 50% 1. Lucity ACT15 Conference Agenda budget) B. Water Fund 600: 50% 2. 3. H:\Board\2015\09-01-15\8D Out of State Travel Lucity KC\Travel Authorization S&R Byrum & Winton.docx
Agenda Item 8E
Reference Type of Action Board Meeting of General Manager Accept Report(s) September 1, 2015 Subject Accept the Following Regular and Recurring Reports: Warrant List and Upcoming Board Business
Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff B. Michalczyk Board Member
Recommendation:
The General Manager recommends the Board of Directors accept, by Motion, the attached regular and recurring reports.
Summary:
To maximize openness and transparency and to allow the Board to be informed about key aspects of District business and to provide direction when appropriate, the Board directed that various regular and recurring reports be presented for Board acceptance at regular intervals. This item is routinely presented to the Board at the second meeting of each calendar month.
Attachment 1 summarizes the current regular and recurring reports; the actual reports are themselves attachments to Attachment 1. Reports presented this month for acceptance are:
• Warrant List; and • Upcoming Board Business
This item is regularly presented at the second Board meeting of the month. Due to the cancellation of the August 18, 2015 Board meeting it is being presented for review at this meeting.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Not Required B. Michalczyk Executive
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $0 A. 1. Summary of Regular and Recurring Reports B. 2. 3. H:\Board\2015\09-01-15\8E Regular and Recurring Reports\Regular and Recurring Reports 090115 SR.docx ATTACHMENT 1 to S&R
SUMMARY OF REGULAR AND RECURRING REPORTS
Last Acceptance at Next Ref. Description Frequency Authority Acceptance this Meeting? Acceptance Water Supply and A Conservation Report 1 2 District Financial B September Statements 3 Monthly July 2015 YES 2015 C Warrant List Upcoming Board Board D Business Direction Strategic Work Plan E Accomplishments July 2015 Report Employee Retention F Annually. July 2015 Statistics4 Fiscal Year July 2016 Outstanding Receivables G Cycle District Code July 2015 Report Employee and Director CA H Reimbursements Government July 2015 greater than $100 5 Code Annually, Board Committee Goal Board I Calendar Jan 2015 Jan 2016 Status Report Direction Year Cycle “No Net Change” J Operating Budget April 2014 As they Adjustments occur but Budget Capital Outlay Budget Before end of K not more Accountability April 2015 Adjustments month after frequently Policy Capital Project Budget occurrence L than (See Note A) Oct 2014 Adjustments monthly Unexpected Asset M Dec 2014 Replacements
Note A: For the fiscal year ending 2016, the totals for these reports are as follows:
Category YTD This Meeting Total “No Net Change” Operating Budget $0 $0 $0 Adjustments Capital Outlay Budget Adjustments $0 $0 $0 Capital Project Budget Adjustments $0 $0 $0 Unexpected Asset Replacements $0 $0 $0
1 Monthly during Community Drought Emergency; monthly during the winter season in non-drought years. 2 Separate agenda item presented to Board as a Board Business item during Community Drought Emergency. 3 No Report for the months of June and July 4 In Jan 2015 administratively moved to FY rather than CY cycle to accommodate data access issues which are reported on CY cycle 5 Reimbursements also reported monthly in the Warrant List (Item C).
H:\Board\2015\09-01-15\8E Regular and Recurring Reports\Attachment 1 to S&R 090115.docx apCkHistDesc Check History Description Listing Page: 1 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/13/2015 7988 05511 CALIFORNIA STATE CHILD SUPPORT GARNISHMENT: PAYMENT 276.92 276.92
07/13/2015 71315 03718 HR SIMPLIFIED 2015 POS/DCA 4,507.23 4,507.23
07/13/2015 2511987 00591 NEOPOST USA INC. POSTAGE ADVANCE 07/13/2015 1,000.00 1,000.00
07/13/2015 607071315 01098 NATIONWIDE RETIREMENT SOLUTIONNATIONAL DEFERRED COMPENSATION: PAYMENT 44,607.33 44,607.33
07/13/2015 1000576181 00494 PERS RETIREMENT: PAYMENT 83,696.06 83,696.06
07/14/2015 35228232 00558 IRS - PAYROLL TAXES FEDERAL WITHHOLDING TAXES: PAYMENT 125,908.76 125,908.76
07/14/2015 38328056 00559 EDD - PAYROLL CALIFORNIA STATE TAXES: PAYMENT 22,278.59 22,278.59
07/15/2015 100578552 01108 CALPERS FY15/16 EMPLOYER CONTRIB PREPAYMENT 826,129.00 826,129.00
07/16/2015 85846 03536 U S BANK/ CORP PMT SYSTEMS QTY (2) AML LDX10 SCANNERS FOR RECYCLED 1,470.50 CONFERENCE TABLES FOR BLDG T 1,460.00 DAFT PUMP PARTS 1,100.00 SHED FOR RESIDENTIAL FILL STATION ATTEND 1,091.72 ENG DEPT OFFSITE 1,046.40 QTY (5) CRUCIAL 8GB RAM/256GB SSD UPGRAD 881.37 SOUTHWEST AIRLINES - DISTRICT RETIREMENT 550.00 DERWA: REPLT LEVEL TRANSMITTER FOR SF/UV 550.00 FLOAT SWITCH FOR FUEL TREATMENT SKID 507.12 T-BAR FITTINGS & TILES FOR BLDG A LIGHTI 466.35 STEPHENSON - CASA 2015 ANNUAL CONFERENCE 425.00 OFFICE CHAIR FOR S. HALLIDAY 416.09 LUNCH FOR RW ONSITE SUPERVISOR TRAINING 372.99 SUNHATS - PPE 353.16 FIBER OPTIC CONNECTORS FOR SCADA UPGRADE 350.94 REMOVAL AND HAUL AWAY OF BROKEN BRANCH - 350.00 DUBLIN RESIDENTIAL RW FILL STATION: PORT 340.92
Page: 1 apCkHistDesc Check History Description Listing Page: 2 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
QTY (1) LABEL PRINTER AND LABELS 339.44 DROUGHT: STATION NUMBER SIGNS FOR RESIDE 332.84 QTY (1) HP LASERJET 401DNE PRINTER FOR D 312.06 EXHAUST FAN FOR ADMIN BLDG BATHROOM 285.79 OFFICE SUPPLIES: LABELER TAPE, PENS, PAP 281.41 GLEE: 2015 MEMBERSHIP RENEWAL 272.00 FOLDING TABLE AND PICNIC TABLE FOR NEW R 269.52 FIBER OPTIC ADAPTERS FOR SCADA UPGRADE 258.36 D. WINTON CWEA RENEWAL 250.00 FOD: WATER HEATER 249.42 BBROUGH: MEMBERSHIP RENEWAL 249.00 (50QTY) VEEJET BRASS NOZZLE FOR PRIMARI 248.01 OPERATING SUPPLIES/PARTS 247.88 (14QTY) ANTIFREEZE FOR FUEL SKID CHILLER 247.58 LEVEL TRANSMITTER BOARD FOR DUBLIN LIFT 244.85 YOUR WATER FOOTPRINT (BOOKS) 243.22 HARVESTING SUPPLIES 242.82 PRESSURE TRANSMITTER 238.07 STEPHENSON - CASA ANNUAL CONFERENCE 2015 230.00 QTY (2) CRUCIAL 256GB SSD HARD DRIVES FO 225.55 MISC FOD SUPPLIES 218.36 FIBER OPTIC CONNECTORS FOR SCADA UPGRADE 193.42 COPY PAPER & DISINFECTING WIPES 191.61 ELBOW & EXHAUST ELBOW FOR CO-GEN #3 191.03 DLD HARVESTING SUPPLIES 180.53 COPY PAPER, WRITING PADS, ETC 173.55 FOD REPAIR MATERIAL 169.73 COPY PAPER, TONER, INDEX TABS 166.87 S. ROBERSON CWEA RENEWAL 163.00
Page: 2 apCkHistDesc Check History Description Listing Page: 3 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
FLEET PAINTING SUPPLIES 162.32 B. VANNATTER: CWEA ANNUAL MEMBERSHIP 156.00 CWEA MEMBERSHIP RENEWAL ANN CIGLIUTI 156.00 JBAGAKIS: MEMBERSHIP RENEWAL, EXP 06/01/ 156.00 MJOHNSTON: MEMBERSHIP RENEWAL, EXP 07/28 156.00 AIR HORNS FOR GOLF CARTS 150.35 FIBER OPTIC ADAPTERS FOR SCADA UPGRADE 149.96 POWER INVERTER FOR HARVESTING 147.77 COPY PAPER, PENS, SIGN HOLDERS, ETC 147.01 ELE TOOLS AND MATERIALS FOR TRUCK 137.47 GRIT FABRIC 136.71 Misc Supplies 133.39 OFFICE SUPPLIES: ENVELOPES, CLIPS, PAPER 131.64 LINEN PAPER 130.83 OFFICE SUPPLIES: PENS, CORRECTION TAPE, 126.06 OFFICE SUPPLIES: POWER CORD, PENS, INK C 120.33 DROUGHT 15 - SAFETY SIGNAGE DUBLIN RW FI 113.24 FOD SUPERVISOR APPRAISAL BOARD EXPENSE ( 110.94 POWER INVERTER FOR HARVESTING FLOW 108.41 MISC FOD SUPPLIES 107.86 DROUGHT 15 - STICKERS FOR RW FILL STATIO 107.72 SUPPLIES FOR THE SHOP OFFICE 106.59 (6QTY) ANTIFREEZE FOR FUEL SKID CHILLER 106.11 SUPPLIES FOR DLD HARVESTING 105.38 S. ROBERSON AWWA MEMBERSHIP RENEWAL 104.00 GIFT CARD - 2015 DSRSD WEBSITE SURVEY 100.00 (27.661G) DIESEL FOR TRUCK #77 99.00 (27.205G) REG UNLEADED FOR TRUCK #80 99.00 MEDIA CLIPPING SERVICES (VIDEOS) - DROUG 95.00
Page: 3 apCkHistDesc Check History Description Listing Page: 4 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
BSMITH: MT-3 CERTIFICATION RENEWAL, EXP 89.00 SQUINLAN: MT-3 CERTIFICATION RENEWAL, EX 89.00 PCARNEY: MT-2 CERTIFICATION RENEWAL, EXP 84.00 MJOHNSTON: EI-2 CERTIFICATION RENEWAL, E 84.00 BLOHMAN: E/I-2 CERTIFICATE RENEWAL 84.00 (22.946G) REG UNLEADED FOR TRUCK #60 83.50 ELE SUPPLIES FOR FLEET OFFICE NETWORK RE 82.87 FOD LAUNDRY DETERGENT 80.87 HITCH EX & PIN FOR TRUCK #79 80.84 PANERA BREAD - LUNCH FOR ONBASE TRAINING 74.90 WEDGE ANCHORS FOR RESIDENTIAL FILL STATI 73.98 BUSINESS CARDS FOR RW FILL STATION WALLE 71.15 BATTERIEES FOR BLDG S & BLDG T EXIT LIGH 69.99 Misc Supplies 64.52 WWTP OPERATOR 1 APPRAISAL BOARD EXPENSE 62.77 PARTS FOR DREDGE REPAIRS 62.74 QTY (1) MICROSOFT MINI DISPLAY PORT TO V 62.39 ELE PARTS FOR FILTER CIRCUIT OF CO-GEN # 61.60 ELE PARTS FOR FILTER CIRCUIT OF CO-GEN # 60.25 BACK-UP HARD DRIVE FOR PC 60.21 CORNERSTONES OF TRUST 2015 TREPPA 60.00 CORNERSTONES OF TRUST 2015 BAHLOUL 60.00 APPRAISAL BOARD EXPENSE (HR TECHNICIAN) 59.97 PRINTING CALCULATOR, CS 58.44 FOD SUPERVISOR APPRAISAL BOARD EXPENSE ( 56.36 ELE MATLS FOR ADMIN BLDG LOBBY FIXTURES 55.76 ELE MATERIALS FOR BLDG Q OFFICE UPGRADE 50.42 ELE SUPPLIES FOR FABRICATING FILTER BOAR 50.19 DUBLIN HS ENGINEERING ACADEMY - GIFT CAR 50.00
Page: 4 apCkHistDesc Check History Description Listing Page: 5 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
ENR SUBSCRIPTION RENEWAL 49.95 FONT LICENSES 49.00 ELE PARTS FOR FILTER CIRCUIT OF CO-GEN # 48.66 6" PIPE FOR CO-GEN #3 48.18 NEW EMPLOYEE LUNCH 48.06 NEOPOST - POSTAGE SUPPLIES - POSTAGE LAB 44.33 CHAIRS FOR FIELD SAMPLING 43.54 OPERATING SUPPLIES 37.19 THREADED BUSHINGS; 1/2X1/4 BRASS BUSH 36.00 FREIGHT CHARGES FOR CO-GEN #3 ELBOW & EX 34.84 ELE SUPPLIES FOR BLDG Q REMODEL 34.31 MT. DIABLO ARMA CHAPTER MEETING - N. GEN 32.64 STEPHENSON - 2015 ANNUAL AWWA CONFERENCE 30.90 FITTINGS FOR PS 3A PRESSURE GAUGE 30.32 FOD SUPERVISOR APPRAISAL BOARD EXPENSE 29.90 FOD: BRAIDED POLY FC; ALUMINUM LED FLASH 27.34 PRO SUBSCRITPITON (JUNE 2015) 26.00 CHARGER FOR DISTRICT PHONE 25.98 QTY (1) BELKIN POWERED USB HUB FOR BARCO 25.93 FASTRACK REPLENISHING CHARGE JUN '15 25.00 Repairs @ Creekside Dr., Dublin 22.00 WWTP OPERATOR 1 APPRAISAL BOARD EXPENSE 20.24 DONUTS FOR JOINT MAINT MEETING - 05/21/1 20.00 DONUTS FOR JOINT MAINT MEETING - 06/18/1 20.00 STEPHENSON - 2015 ANNUAL AWWA CONFERENCE 19.30 OFFICE DEPOT - SPECIALTY OFFICE SUPPLIES 18.98 YOUR WATER FOOTPRINT (BOOKS) 18.71 LA BOULANGE DE DANVILLE - TEAM BUILDING 17.50 VELCRO FOR EQUIPMENT HOLD DOWN 15.70
Page: 5 apCkHistDesc Check History Description Listing Page: 6 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
FOD: FEM ADAPTER FOR WATER HEATER 15.26 COFFEE 14.95 SHOP SUPPLIES: PVC SCHED NIPPLES 14.67 PARKING: CUWCC MEETING ON 6/18 - D. GALL 14.00 Orange Nitrile Powder Free Gloves 13.24 STEPHENSON - ACWA BOARD MEETING 052915 P 12.00 COMPUTER SPEAKERS, CS 11.38 BATTERIES FOR PLANT URINALS 10.92 (2.748G) REG UNLEADED FOR TURCK #47 10.00 24PK BLACK PERMANENT MARKERS 9.84 AMAZON - PRIME MEMBERSHIP OPENED IN ERRO 8.67 FAX SERVICE - MAY 2015 7.95 CSR VEHICLE WASH 6.00 Bottled Water 5.58 LAVWMA: PULL CORD FOR GENERATOR 5.46 BINDER CLIPS 5.42 PLASTIC WOOD FIBRE FILLER FOR DO WALL RE 4.91 ELE PARTS FOR FILTER CIRCUIT OF CO-GEN # 3.39 POWER CONNECTOR FOR NEW SIGNAL PROCESSOR 2.19 CREDIT FOR RETURN OF TIME RECORDER -353.21 25,016.41
07/16/2015 85847 00710 AAI TERMITE & PEST CONTROL INCDO PEST CONTROL SERVICES FOR MAY & JUNE 290.00 290.00
07/16/2015 85848 03460 ACCO ENGINEERED SYSTEMS INC.MAY 2015: HVAC QUARTERLY MAINTENANCE - 580.00 580.00
07/16/2015 85849 00031 ALLIED FLUID PRODUCTS CORP. CO-GEN: FUEL SKID, LOOP PUMPS & ENGINE G 866.26 866.26
07/16/2015 85850 01013 BARRETT BUSINESS SERVICES INC.E. HEUER: W/E 06/21/15 1,931.84 J KAUFFMAN: W/E 6/21/15 1,548.80 J. KAUFFMAN: W/E 6/28/15 1,548.80 C. SIMMONS: W/E 6/28/15 806.40
Page: 6 apCkHistDesc Check History Description Listing Page: 7 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
N. POON: W/E 06/21/15 778.24 D. CALDEIRA: W/E 6/21/15 768.00 J CRIST: W/E 6/21/15 768.00 D. CALDEIRA: W/E 6/28/15 768.00 K HAWKINS: W/E 6/21/15 614.40 J. CRIST: W/E 6/28/15 614.40 C SIMMONS: W/E 6/21/15 563.20 C HIVES: W/E 6/21/15 483.84 S. LONDON: W/E 6/21/15 449.28 M. ZAVALA: W/E 6/21/15 399.36 S. SWANSON: W/E 6/21/15 353.28 K GARCIA: W/E 6/21/15 337.92 K. HAWKINS: W/E 6/28/15 281.60 K HAWKINS: W/E 6/21/15 44.80 D. ROGRIQUEZ: W/E 6/21/15 30.72 A BAXTER: W/E 6/21/15 30.72 D. LEWIS: PENALTY PAY FY15 25.60 C HIVES: W/E 6/21/15 15.36 13,162.56
07/16/2015 85851 00085 RHODORA BIAGTAN BIAGTAN REIMB EXP THRU W/E 06/29/2015 147.20 147.20
07/16/2015 85852 00299 ENVIRONMENTAL RESOURCE ASSOC.PROFICIENCY TESTING AND STANDARDS 205.93 205.93
07/16/2015 85853 04424 GRAYBAR ELECTRIC COMPANY INCNETWORK TESTER FOR FIBER OPTIC AND COPPE 4,959.19 4,959.19
07/16/2015 85854 06791 HYLAND SOFTWARE, INC. 15-A006 ONBASE ECMS PROFESSIONAL SERVICE 57,795.20 57,795.20
07/16/2015 85855 01171 MCGUIRE & HESTER FSL DREDGE CONCRETE PAD 37,750.00 37,750.00
07/16/2015 85856 00608 OFFICE TEAM TEMP SVCS W/E 07/03/15 - MONTAGUE 557.69 557.69
07/16/2015 85857 01078 STEFANIE OLSON OLSON REIMB EXP THRU W/E 06/26/2015 63.72 63.72
07/16/2015 85858 04553 PACHECO BROTHERS GARDENINGWEED INC ABATEMENT AT GLEASON DRIVE PROPERTY 2,280.00 2,280.00
Page: 7 apCkHistDesc Check History Description Listing Page: 8 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/16/2015 85859 01403 PRAXAIR DISTRIBUTION INC 186 GAS SUPPLIES AND RENTAL 62.40 62.40
07/16/2015 85860 05026 UNIVAR USA INC. SODIUM HYPOCHLORITE FOR THE WWTP ON 06/1 2,260.71 SODIUM HYPOCHLORITE FOR DERWA ON 06/12/1 2,146.59 4,407.30
07/16/2015 85861 04694 VULCAN MATERIALS CO 11.75 TONS OF COLD MIX 3/8 SC8 1,099.11 23.34 TONS 3/4 IN CL 2 BASE 261.05 1,360.16
07/16/2015 85862 00937 W.W. GRAINGER, INC. COOLING VESTS - C. BRACKET (HEAT SAFETY 396.77 396.77
07/16/2015 85863 06643 WEIR TECHNICAL SERVICES MANAGEMENT SERVICES - MAY 2015 1,306.88 1,306.88
07/16/2015 85864 02880 WUNDERLICH-MALEC SYSTEMS INCMAY 2015: ON-CALL SCADA SUPPORT SERVICES 1,305.00 1,305.00
07/16/2015 85865 01738 3T EQUIPMENT COMPANY INC. CCTV REPAIR & MAINTENANCE 1,181.64 CCTV CAMERA SERVICE & REPAIR 796.06 1,977.70
07/16/2015 85866 01719 A & M PRINTING, INC. BUSINESS CARDS - MULTIPLE EMPLOYEES 393.94 393.94
07/16/2015 85867 03597 ALAMEDA CTY ENVIRONMENTAL HMBHEALP FEE: FY16 PS 4A FACILITY NO. FA0315 454.00 454.00
07/16/2015 85868 01076 ALSCO INC WWTP TOWEL SERVICE JUN '15 264.40 FOD TOWEL SERVICE JUN '15 141.63 406.03
07/16/2015 85869 02158 AMADOR VALLEY INDUSTRIES FOD 4 YD. DUMPSTER & 20 YD. BOX RENTAL 308.90 DO GARBAGE SVC - FY 14/15 - MAY 2015 307.67 616.57
07/16/2015 85870 01954 ANDERSON'S UNIFORMS R. ROBLES: UNIFORM ITEMS 312.90 312.90
07/16/2015 85871 01009 ARCHER NORRIS GROUNDWATER CONTAMINATION INVESTIGATION 2,380.50 2,380.50
07/16/2015 85872 00058 ARROWHEAD MOUNTAIN SPRINGOPS WTR DEPT BOTTLED WATER JUN '15 414.90 414.90
07/16/2015 85873 00622 AT&T LAVWMA PS & SANLEANDRO DECHLOR STATION J 100.33 100.33
07/16/2015 85874 01697 B & C TRUCK PARTS, INC MARKER LIGHT FOR #35 14.48 14.48
07/16/2015 85875 01254 BAY AREA BARRICADE SVC, INC TRAFFIC CONES 369.84 369.84
07/16/2015 85876 00091 BOLD, POLISNER, MADDOW, NELSONMONTHLY LEGAL SERVICES - 06/15 13,224.74 13,224.74
Page: 8 apCkHistDesc Check History Description Listing Page: 9 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/16/2015 85877 02865 BRENNTAG PACIFIC INC HYDROFLUOSILICIC ACID DELIVERED 6/16/15 6,933.90 HYDROFLUOSILICIC ACID DELIVERED TO TO#5 4,071.34 11,005.24
07/16/2015 85878 02217 BSK ASSOCIATES INC. DLD HARVEST CROP TESTING 2015 412.50 412.50
07/16/2015 85879 00105 CAL-STEAM WATER BACKFLOW PREVENTER - WWTP & DERWA 3,795.49 3,795.49
07/16/2015 85880 00118 CALTEST ANALYTICAL LAB SAMPLE TESTING 180.50 180.50
07/16/2015 85881 06826 CHANG RUTHENBERG & LONG LEGAL CONSULTING SERVICES 1,443.00 1,443.00
07/16/2015 85882 04820 COASTAL IGNITION & CONTROLS15-P003: DUAL FUEL SWITCHING PANEL WITH 2,472.00 2,472.00
07/16/2015 85883 05196 COMCAST BUSINESS TV BASIC 07/07 - 08/06/15 15.67 15.67
07/16/2015 85884 05780 CONTRACTOR COMPLIANCE INC.15-R009 LABOR COMPLIANCE WEST DUBLIN 66.50 66.50
07/16/2015 85885 07131 CSDS DUBLIN CONTEX 36" SD3615 COLOR SCANNER 7,667.91 7,667.91
07/16/2015 85886 00212 CUMMINS PACIFIC LLC. DREDGE/MUDCAT COOLANT 56.43 56.43
07/16/2015 85887 02802 DTSC DEPT. OF TOXIC SUBSTANCES CONTROL 2015 A 245.00 245.00
07/16/2015 85888 00271 EARL ISING INC. DI EXCHANGE 380.54 380.54
07/16/2015 85889 00277 EBMUD LAVWMA LEWELLING WTR & SWR MAR-MAY '15 115.67 115.67
07/16/2015 85890 00280 ECOWATER SYSTEMS LAB WATER SOFTENER EXCHANGE TANKS: OPS J 205.20 RO TANKS (QTY 2) EXCHANGED QUARTERLY: ME 17.00 222.20
07/16/2015 85891 06977 EORM INC. TO NO. 1 SITE CONDITION REVIEW & PLAN PR 7,335.00 SAFETY CONSULTING SERVICES 6,106.50 SAFETY CONSULTING SERVICES 6,106.50 19,548.00
07/16/2015 85892 00307 FAIRWAY EQUIPMENT & SUPPLY COPARTS & MATLS FOR RESIDENTIAL RW (HH) FI 1,829.17 CPVC PIPE & PARTS FOR RES 1A CHLORAMINAT 1,128.84 2,958.01
07/16/2015 85893 00313 FASTSIGNS SIGNICADE A-FRAMES AND CAUTION SIGNS 895.45 DROUGHT 2015 - WWTP RW FILL STATION SIGN 562.18 1,457.63
Page: 9 apCkHistDesc Check History Description Listing Page: 10 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/16/2015 85894 00314 FEDEX WWTP: OVERNIGHT DELIVERY CHARGES JUL '15 19.47 19.47
07/16/2015 85895 00352 GOLDEN STATE FLOW MEASUREMENT15-R009 INSTALL SENSUS METERS @ MADIGAN 32,797.67 32,797.67
07/16/2015 85896 07137 GOODYEAR COMMERICAL TIRE TIRES (QTY 4) 785.69 785.69
07/16/2015 85897 00368 HACH COMPANY MISC SUPPLIES/ANALYZERS PARTS 3,963.90 MISC SUPPLIES/ANALYZERS PARTS 948.14 4,912.04
07/16/2015 85898 03149 HDS WHITE CAP CONST SUPPLYSUNSHADES (CANOPIES) 615.35 615.35
07/16/2015 85899 05331 HERTZ EQUIPMENT RENTAL EQUIPMENT RENTAL OF PLATFORM LIFT - 1 WE 563.87 563.87
07/16/2015 85900 00468 KAMAN INDUSTRIAL TECHNOLOGIES(2QTY) SHEAR PIN SPROCKET FOR PRIMARY #3 1,305.57 1,305.57
07/16/2015 85901 06166 KBA COPIERS UCC & LEASE 07/01-07/30/15 809.21 809.21
07/16/2015 85902 06166 KBA COPIER FOD/ENGR/MAINT 6/1/15 - 6/30/15 345.92 345.92
07/16/2015 85903 04873 KIMBALL MIDWEST ELECTRICAL SUPPLIES 707.14 707.14
07/16/2015 85904 04452 LOWE'S MISC. SUPPLIES 349.20 349.20
07/16/2015 85905 05897 MERIT RESOURCE GROUP A. MCCAFFERY: W/E 6/21/15 1,292.00 1,292.00
07/16/2015 85906 01650 MICROSOFT QTY (1) SURFACE PRO 3 TABLET AND VIDEO A 1,564.57 1,564.57
07/16/2015 85907 06864 MRC GLOBAL 13-P007 LIMITORQUE ACTUATORS 9,289.98 13-P007 LIMITORQUE ACTUATORS 80.25 9,370.23
07/16/2015 85908 04231 MSC INDUSTRIAL SUPPLY CO FIRST AID KIT - RW FILL STATION DUBLIN 88.29 88.29
07/16/2015 85909 02109 ONE HOUR DELIVERY SERVICE, INCONE HOUR DELIVERY - BOD MAIL DELIVERY 5/ 120.00 DERWA R200 FILE NOC 110.16 230.16
07/16/2015 85910 00620 P G & E LAVWMA PS FEEDER A JUN '15 58,421.63 LAVWMA PS FEEDER B JUN '15 11,202.08 PUMP STATION 200A ELEC - JUNE 2015 6,446.61 PUMP STATION R200B ELEC - JUNE 2015 6,034.85 DISTRICT OFFICE ELECTRICITY - JUNE 2015 5,024.09
Page: 10 apCkHistDesc Check History Description Listing Page: 11 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
PUMP STATION 4A ELEC - JUNE 2015 547.36 PUMP STATION 300A ELEC - JUNE 2015 516.12 PUMP STATION 2B ELEC - JUNE 2015 235.74 DISTRICT OFFICE GAS SERVICE - JUNE 2015 213.10 DO UTILITY BUILDING ELEC - JUNE 2015 134.80 RESERVOIR R100 ELEC - JUNE 2015 18.86 ALAMO TRUNK SEWER ELEC - JUNE 2015 17.10 DO UTILITY BUILDING GAS SVC - JUNE 2015 12.99 88,825.33
07/16/2015 85911 06024 RAIDER PAINTING COMPANY FLOOR PAINTING - LOCKER ROOMS (BLDG S) 10,200.00 10,200.00
07/16/2015 85912 06024 RAIDER PAINTING COMPANY BLDG Q - FLEET MECHANICS OFFICE - FLOOR 3,500.00 3,500.00
07/16/2015 85913 00696 RED WING SHOE STORE SQUINLAN:SAFETY SHOES FY15 200.00 RFREITAS: FY 2015 EMPLOYEE SAFETY SHOES 200.00 FY15 EMPLOYEE SAFETY SHOES - OPS DEPT A. 148.92 548.92
07/16/2015 85914 04301 RESOURCE TRENDS, INC. CONSULTING SERVICES FOR BRANDING PROJECT 4,500.00 4,500.00
07/16/2015 85915 00721 ROCHESTER MIDLAND CORP MAY 2015: HANDSFREE RESTROOM MONTHLY SRV 117.38 JUN 2015: HANDSFREE RESTROOM MONTHLY SRV 117.38 234.76
07/16/2015 85916 00756 SECURITY ETC. WWTP FIRE ALARM SYSTEM MONITORING 165.00 DERWA FIRE ALARM SYSTEM MONITORING 165.00 330.00
07/16/2015 85917 02470 SHRED-IT SHREDDING SERVICES JUNE 2015 90.45 90.45
07/16/2015 85918 00774 SIEMENS INDUSTRY, INC RETURN: LEVEL TRANSMITTER REF INV #56000 -1,120.58 LEVEL INDICATING TRANSMITTER FOR EFFLUEN 1,170.27 49.69
07/16/2015 85919 00829 T & T VALVE & INSTRUMENTS INCDERWA: 4" BRAY S21 LUG SS BODY & 304SS B 1,698.21 1,698.21
07/16/2015 85920 07140 USA FLEET SOLUTIONS FLEET GPS TRACKING SYSTEM 24,573.32 24,573.32
07/16/2015 85921 00912 VALLEY CARE HEALTH SYSTEM BLOOD BORNE PATHOGEN - HEP B VACCINATION 76.00 76.00
07/16/2015 85922 00914 VALLEY PLUMBING HOME CTR, INCBACKFLOW TEST FOR DISTRICT - DISTRICT OF 406.13
Page: 11 apCkHistDesc Check History Description Listing Page: 12 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
BACKFLOW TEST FOR DISTRICT - DUBLIN LIFT 171.59 BACKFLOW TEST FOR DISTRICT - ON POTABLE 149.00 BACKFLOW TEST FOR DISTRICT - S. SIDE OF 149.00 BACKFLOW TEST FOR DISTRICT - TOP OF RES 149.00 BACKFLOW TEST FOR DISTRICT - PS 300 INSI 74.50 BACKFLOW TEST FOR DISTRICT - 11891 BOLLI 74.50 BACKFLOW TEST FOR DISTRICT - INSIDE PUMP 74.50 BACKFLOW TEST FOR DISTRICT - SOUTH SIDE 74.50 BACKFLOW TEST FOR DISTRICT - INSIDE PUMP 74.50 BACKFLOW TEST FOR DISTRICT - INSIDE TURN 74.50 1,471.72
07/16/2015 85923 00920 VASCO ROAD LANDFILL UNLOADING OF WWTP SOLIDS/GRIT JUN '15 1,127.26 UNLOADING OF WWTP SOLIDS/GRIT JUN '15 957.95 2,085.21
07/16/2015 85924 04901 VEOLIA TECH SOLUTIONS VEOLIALAB ENVIRONMENTALWASTE DISPOSAL SRVC INC 848.95 848.95
07/16/2015 85925 00924 VERIZON WIRELESS CELL PHN SVC AND EQUPTMNT CHARGES 06/04 3,217.20 3,217.20
07/16/2015 85926 00933 VWR INTERNATIONAL, INC. CHEMICALS AND SUPPLIES 924.65 CHEMICALS AND SUPPLIES 323.47 CHEMICALS AND SUPPLIES 296.37 CHEMICALS AND SUPPLIES 134.41 1,678.90
07/16/2015 85927 05785 WAUKESHA PEARCE INDUSTRIESCO-GEN SPARE PARTS 7,862.56 7,862.56
07/16/2015 85928 00957 WEST YOST & ASSOCIATES 14-P004 TO NO. 2 WASTEWATER TREATMENT AN 67,410.24 67,410.24
07/16/2015 85929 00987 ZONE 7 WATER AGENCY JUNE 2015 CONNECTION FEES 1,233,195.93 1,233,195.93
07/16/2015 7162015 00157 CITY OF PLEASANTON PMT PER 6TH SUPPLEMENTAL AGMT 1,124,098.00 1,124,098.00
07/21/2015 7212015 01160 DSRSD - MGMT CHECKING MGMNT CHECKING REIMB 06/30/15 171.00 171.00
07/21/2015 72120152 03718 HR SIMPLIFIED 2015 IRS 125 (POS) 437.49 437.49
07/23/2015 85930 04483 AA OFFICE EQUIPMENT CO, INC. OFFICE FURNITURE - FLEET OFFICE 3,007.97 3,007.97
Page: 12 apCkHistDesc Check History Description Listing Page: 13 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/23/2015 85931 01013 BARRETT BUSINESS SERVICES INC.E. HEUER: W/E 6/28/15 4,566.16 M. PEREZ: W/E 6/28/15 837.60 N. POON: W/E 6/28/15 737.28 K. GARCIA: W/E 6/28/15 591.36 C. HIVES: W/E 6/28/15 506.88 S. SWANSON: W/E 6/28/15 476.16 M. ZAVALA: W/E 6/28/15 430.08 A. BAXTER: W/E 6/28/15 307.20 S. LONDON:W/E 6/28/15 222.72 C. DARCY: PENALTY PAY FY15 215.04 L. KUEFNER: W/E 6/28/15 203.52 S. SWANSON: PENALTY PAY FY15 153.60 M. ZAVALA: PENALTY PAY FY15 107.52 D. ROGRIGUEZ: W/E 6/28/15 107.52 H. SEGELKE: W/E 6/28/15 34.56 A. FARSAI: PENALTY PAY FY15 15.36 9,512.56
07/23/2015 85932 05359 BURKE, WILLIAMS & SORENSEN LLPGENERAL COUNSEL SVCS - MAY 2015 234.26 234.26
07/23/2015 85933 00258 DUBLIN SAN RAMON SERVICES DIST15-R009 BACTERIOLOGICAL SAMPLES @ MADIGA 504.00 504.00
07/23/2015 85934 04691 INC. EQUIFAX INFORMATION SVCSEQUI LLCFAX IDENTITY VERIFICATION 589.78 589.78
07/23/2015 85935 05509 FULL SPECTRUM ANALYTICS, INCP&T Heater 526.70 526.70
07/23/2015 85936 04424 GRAYBAR ELECTRIC COMPANY INCREPLT LAMPS FOR PLANT & WIRE CONNECTORS 154.74 WIRE CONNECTORS FOR STOCK 104.14 FY16 DIV 54 BPO - ELECTRICAL SUPPLIES 70.72 329.60
07/23/2015 85937 01242 INFO SEND, INC UB BILLING PRINTING/MAILING SVCS JUNE 15 3,492.03 INSERT MAILING: ANNUAL WATER QUALITY REP 180.48 MAILING - BILL INSERT: GREEN HOUSE CALLS 129.96 3,802.47
Page: 13 apCkHistDesc Check History Description Listing Page: 14 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/23/2015 85938 00439 IUOE LOCAL 39 LOCAL 39 UNION DUES: PAYMENT 4,456.06 4,456.06
07/23/2015 85939 00473 KEMIRA WATER SOLUTIONS INC DERWA PAX-XL8 RW TREATMENT 9,821.01 DERWA PAX-XL8 RW TREATMENT 8,204.11 FERROUS CHLORIDE DELIVERY 6/29/15 5,407.11 23,432.23
07/23/2015 85940 00485 KOFF & ASSOCIATES INC. RECRUITMENT SUPPORT - HR TECHNICIAN 2,583.30 2,583.30
07/23/2015 85941 04529 LAI & ASSOCIATES, INC. FY15 SOIL SAMPLES & COMPACTION-UGR SRVC 555.54 555.54
07/23/2015 85942 04594 MCCAMPBELL ANALYTICAL INC SAMPLE TESTING 255.00 255.00
07/23/2015 85943 00608 OFFICE TEAM TEMP SVCS W/E 07/10/15 - MONTAGUE 804.98 804.98
07/23/2015 85944 04553 PACHECO BROTHERS GARDENINGDISTRIC INC T FACILITIES LANDSCAPE MTCE JUL ' 3,360.00 TREE REMOVAL/PLANT NEW TREE AT THE DISTR 1,100.00 DERWA LANDSCAPE MTCE PS R200A JUL '16 75.00 4,535.00
07/23/2015 85945 00688 RMC WATER & ENVIRONMENT 15-W007 LONG TERM ALTERNATIVE WATER SUPP 19,689.00 CLEAN WATER PROGRAM ADMINISTRATION ASSIS 6,269.79 CLEAN WATER PROGRAM ADMINISTRATION ASSIS 3,012.00 28,970.79
07/23/2015 85946 04973 NATERCIA SAUCEDA CASE ID FL364781: PAYMENT 111.23 111.23
07/23/2015 85947 00843 THE COVELLO GROUP INC CONSTRUCTION INSPECTION ASSISTANCE WITH 23,380.00 23,380.00
07/23/2015 85948 05026 UNIVAR USA INC. HYPOCHLORITE DELIVERY FOR THE WWTP ON 6/ 2,360.72 SODIUM HYPOCHLORITE FOR THE WWTP ON 06/2 2,297.68 SODIUM HYPOCHLORITE FOR DERWA OPERATIONS 2,126.70 HYPO DELIVERY FOR DERWA OPERATIONS ON 6/ 2,044.55 8,829.65
07/23/2015 85949 04694 VULCAN MATERIALS CO 24.22 TONS OF 3/4IN CL 2 BASE 270.68 270.68
07/23/2015 85950 00937 W.W. GRAINGER, INC. COOLIGN TOWELS (HEAT SAFETY PPE) 78.73 78.73
07/23/2015 85951 06643 WEIR TECHNICAL SERVICES MANAGEMENT SERVICES - MAY 2015 2,916.85 2,916.85
07/23/2015 85952 02880 WUNDERLICH-MALEC SYSTEMS INCWWTP CONFIGURED OPTO22 ETHERNET CARDS 5,410.00 5,410.00
Page: 14 apCkHistDesc Check History Description Listing Page: 15 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/23/2015 85953 02880 WUNDERLICH-MALEC SYSTEMS INCJUN 2015: ON-CALL SCADA SUPPORT SERVICES 870.00 870.00
07/23/2015 85954 00027 AICPA AICPA DUES FY2016 245.00 245.00
07/23/2015 85955 05728 ALAMEDA COUNTY SHERIFF CASE FILE # 14-10334: PAYMENT 479.19 479.19
07/23/2015 85956 01954 ANDERSON'S UNIFORMS UNIFORM EMBLEMS WITH NEW DSRSD LOGO 651.25 651.25
07/23/2015 85957 07176 KUMAR ANIL REFUND 8346 FERNCLIFF CT 1,004.63 1,004.63
07/23/2015 85958 00058 ARROWHEAD MOUNTAIN SPRINGWATER WTR FOR THE LAB 65.00 65.00
07/23/2015 85959 00622 AT&T LAVWMA PS PHONE AND DSL - JULY 2015 238.96 238.96
07/23/2015 85960 01676 BANK OF AMERICA BANK CHARGES - JUNE 2015 1,294.00 1,294.00
07/23/2015 85961 06389 BAY AREA GOLF & INDUSTRIAL VEHE-Z-GO TERRAIN 250E GOLF CARTS - 3 17,209.89 17,209.89
07/23/2015 85962 07084 BENTLEY SYSTEMS, INC. 09-6101 EADOC (DOCUMENT MGMT) QTE #744 6,000.00 6,000.00
07/23/2015 85963 07190 GENE BROWN REFUND 5651 WELLS LN 189.81 189.81
07/23/2015 85964 01085 CALPERS LONG-TERM CARE PROGRAMLONG-TERM CARE: PAYMENT 68.12 68.12
07/23/2015 85965 00105 CAL-STEAM BACKFLOW ASSY FOR POTABLE WATER SUPPLY T 1,943.02 1,943.02
07/23/2015 85966 07185 SAMUEL CHUN REFUND 6210 WOODVALE TERR 94.04 94.04
07/23/2015 85967 01167 CITY OF DUBLIN 15-R009 ENCROACHMENT PERMITS 2,217.00 15-S011 ENCROACHMENT PERMITS 557.00 2,774.00
07/23/2015 85968 07184 CHRISTINE COOPER REFUND 5639 NEWFIELDS LN 154.93 154.93
07/23/2015 85969 07179 DEANNA CORDIANO REFUND 7061 PRINCE DR 113.32 113.32
07/23/2015 85970 03995 CORELOGIC SOLUTIONS, LLC METROSCAN FOR MONTH OF JUNE 324.58 324.58
07/23/2015 85971 03997 CORRPRO COMPANIES, INC. ENGINEERING SERVICES FOR FOD WATER PIPEL 3,687.57 3,687.57
07/23/2015 85972 00014 COUNTY OF ALAMEDA FY 2015 FUELING - FOD/INSP/CFRS - JUNE 2 4,109.94 4,109.94
07/23/2015 85973 01973 CROMER EQUIPMENT GAS VALVE REPAIR KIT FOR FORKLIFT 101.71 101.71
Page: 15 apCkHistDesc Check History Description Listing Page: 16 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/23/2015 85974 05534 CSAC EXCESS INS. AUTHORITY EE ASSISTANCE: JUL - SEPT 2015 CHARGES 1,010.22 1,010.22
07/23/2015 85975 00208 CSRMA WORKERS COMP COVERAGE RENWAL '16 230,818.00 PROPERTY INSURANCE PREMIUM RENEWAL '16 45,640.01 DEDUCTIBLE RECOVERY/CLAIM FILE CLOSED 1,444.10 277,902.11
07/23/2015 85976 00222 DATCO SERVICES CORP. JUL/AUG/SEP 2015 - MONTHLY CHARGES 360.75 360.75
07/23/2015 85977 00237 DERWA JUN 2015 DERWA OP - DSRSD SHARE 386,586.43 386,586.43
07/23/2015 85978 00277 EBMUD LAVWMA LEWELLING WATER & SEWER - JUNE 20 111.05 111.05
07/23/2015 85979 07101 EDWARDS & SONS AUTOMOTIVEROTARY 4-POST LIFT - REMOVAL/INSTALLATIO 9,868.78 ROTARY ROLLING JACKS 5,964.47 15,833.25
07/23/2015 85980 05201 EMERSON NETWORK POWER DISTRICT OFFICE UPS PREVENTIVE MAINTENAN 2,966.00 WWTP ANNUAL UPS PM SERVICE - YEAR 3 OF A 2,966.00 5,932.00
07/23/2015 85981 00307 FAIRWAY EQUIPMENT & SUPPLY COPRIMARY #1 PARTS 3,749.37 3,749.37
07/23/2015 85982 02656 FASTENAL COMPANY BRACKET: CHILL-IT BANDANA FOR FIELD WORK 5.18 5.18
07/23/2015 85983 00313 FASTSIGNS RW DECALS FOR WATER TANKS/RESIDENTIAL FI 2,531.07 RW DECALS FOR RESIDENTIAL FILL STATION 2,531.07 RW IRRIGATION PURPLE SIGNS FOR CLEAN WAT 2,464.85 RW DECALS FOR RESIDENTIAL FILL STATION 354.07 RESIDENTIAL FILL STATION "CLOSED" SIGN F 26.28 7,907.34
07/23/2015 85984 00314 FEDEX SHIPPING CHARGES 06/19/2015, 07/08/2015 62.05 62.05
07/23/2015 85985 00699 FLYERS ENERGY, LLC GASOLINE DELIVERY TO THE WWTP ON 7/1/15 1,978.06 1,978.06
07/23/2015 85986 06689 FUSIONSTORM EMC SAN MAINT @DO 2015-2016 1,182.10 1,182.10
07/23/2015 85987 07188 TERESA GANEM REFUND 3139 SWEETVIOLET DR 84.24 84.24
07/23/2015 85988 03420 DBA NEOGOV GOVERNMENTJOBS.COM,NEOGOV INC. LICENSE SUBSCRIPTION FOR RENEWAL 3,600.00 3,600.00
07/23/2015 85989 03810 HALOGEN SOFTWARE, INC. PERFORMANCE MGMT / ELMS / HOSTING SOFTWA 10,639.62
Page: 16 apCkHistDesc Check History Description Listing Page: 17 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
CREDIT ANNUAL PROFESSIONAL SERVICES & SU -157.58 10,482.04
07/23/2015 85990 07182 JOHN HENRY REFUND 11411 WINDING TRAIL LN 8.92 8.92
07/23/2015 85991 07177 HERITAGE REALTY REFUND 8492 VALENCIA ST 192.60 192.60
07/23/2015 85992 06732 HIRERIGHT, INC. EMPLOYMENT BACKGROUND SCREENING (WWTP OP 292.63 292.63
07/23/2015 85993 07189 CYNTHIA HUI REFUND 723 ROVERTON CT 86.00 86.00
07/23/2015 85994 07017 HYDROSCIENCE ENGINEERS, INC.15-R009 TO NO. 1 DESIGN AND CROSS CONNEC 16,525.30 16,525.30
07/23/2015 85995 00433 IPMA-HR GALLARDO - IPMA-HR MEMBERSHIP 15/16 107.00 107.00
07/23/2015 85996 06931 IWATER, INC INFRAMAP ENTERPRISE, LUCITY INTEGRATION, 13,500.00 13,500.00
07/23/2015 85997 07183 OLUBUKOLA KARIM REFUND 4328 FOXFORD WAY 164.34 164.34
07/23/2015 85998 07187 SUMI KOHLI REFUND 4988 TRESCOTT CT 9.00 9.00
07/23/2015 85999 07178 LA RAVE INVESTMENTS REFUND 7008 TORY CT 197.02 197.02
07/23/2015 86000 07107 LEIDOS ENGINEERING LLC METER #63946800 668.09 668.09
07/23/2015 86001 00509 LIEBERT CASSIDY WHITMORE EMPLOYMENT- RELATED LEGAL SERVICES 16,494.00 EMPLOYMENT- RELATED LEGAL SERVICES 530.00 GENERAL LEGAL SERVICES 06/15 97.50 17,121.50
07/23/2015 86002 07192 SONG LIN REFUND 727 BOWEN CT 446.97 446.97
07/23/2015 86003 00344 LUCITY INC. 2016 CONSTANT CONNECTION PROGRAM RENEWAL 17,132.92 API (1 SEAT) WITH CONSTANT CONNECTION PR 5,000.00 22,132.92
07/23/2015 86004 05406 MAAS BROTHERS POWDER COATINGPAINTING & POWDER COATING FOR CO-GEN GEN 1,050.00 1,050.00
07/23/2015 86005 05897 MERIT RESOURCE GROUP A. MCCAFFERY: W/E 6/28/15 1,227.40 1,227.40
07/23/2015 86006 04895 MOORE MECHANICAL BUILDING S SERVER ROOM A/C UNITS (EAST & 2,322.00 2,322.00
07/23/2015 86007 04231 MSC INDUSTRIAL SUPPLY CO COOLING VESTS FOR FIELD STAFF 1,184.14 1,184.14
07/23/2015 86008 04796 NAPA AUTO PARTS AIR FILTER FOR #68 9.56
Page: 17 apCkHistDesc Check History Description Listing Page: 18 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
AIR FILTER FOR #111 4.54 14.10
07/23/2015 86009 06203 NAVEX GLOBAL, INC. FRAUD HOTLINE/HELPLINE SYSTEM SUBSCRIPTI 2,500.00 2,500.00
07/23/2015 86010 06981 NEWMATIC ENGINEERING LABORATORY HVAC SYSTEM REPAIRS 2,200.00 2,200.00
07/23/2015 86011 00620 P G & E PUMP STATION R20 ELEC - JULY 2015 6,207.23 PUMP STATION R300A ELEC - JUNE 2015 2,116.86 FSL AERATORS; LAB HVAC; FLEET - JUNE 201 2,083.47 PUMP STATION 10A ELEC - JUNE 2015 1,095.81 LAVWMA PIPELINE & LIVERMORE LINE - JULY 380.81 RESERVOIR 10B ELECTRICITY - JULY 2015 86.32 JOHNSON DRIVE STREETSCAPE ELEC - JUNE 20 12.01 ALTITUDE VALVE (RES 10B) ELEC - JULY 201 10.18 WWTP ELECTRICITY - JUNE 2015 40,636.57 MISC PUMP STNS; DUBLIN LIFT STN - JUNE 2 15,374.35 PUMP STATION 20B ELEC - JUNE 2015 10,981.05 78,984.66
07/23/2015 86012 07141 PACIFIC WEST COMMUNICATIONREFUND METER # 65495578 919.13 919.13
07/23/2015 86013 05278 PETERSON TRACTOR CO. MISCELLANEOUS PARTS FOR D7 2,069.48 2,069.48
07/23/2015 86014 00663 PLEASANTON GARBAGE SVC INC.TRANSPORT OF SOLIDS/GRIT SCREENINGS JUN 5,780.07 5,780.07
07/23/2015 86015 04951 PLEASANTON TRUCKING HAULING MATERIALS FROM VULCAN TO FOD-CAM 526.70 526.70
07/23/2015 86016 05876 PRIEST CONSULTING, INC. PROFESSIONAL SERVICES 3,500.00 3,500.00
07/23/2015 86017 07186 RANCHO SILVERA VENTURES LLCREFUND 3823 BRANDING IRON PL 52.10 52.10
07/23/2015 86018 02316 RECORDS CONTROL SERVICES RECORDS CONTROL SERVICES - FIELD OPERATI 5,779.15 5,779.15
07/23/2015 86019 05449 SAMBA HOLDINGS, INC. DMV REPORTING FOR 06-15 160.59 160.59
07/23/2015 86020 06915 SHARPS SOLUTIONS, LLC PHARMACEUTICAL WASTE DISPOSAL FOR POLLUT 303.95 303.95
07/23/2015 86021 07191 MANEETA SINGH REFUND 2759 SALISBURY WAY 1,195.86 1,195.86
07/23/2015 86022 00804 STATE WATER RESOURCES CONTROLHAYES - 2015 RENEWAL OF GRADE D1 DRINKIN 55.00 55.00
Page: 18 apCkHistDesc Check History Description Listing Page: 19 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/23/2015 86023 07181 SUKUT CONSTRUCTION REFUND 7753 BARN HOLLOW CT 114.52 114.52
07/23/2015 86024 07175 ENYEW TAN REFUND 7589 ODYSSEY WAY 55.84 55.84
07/23/2015 86025 05824 TJC AND ASSOCIATES, INC. 22CI276 ADDITIONAL ELECTRICAL MODELING S 4,448.43 4,448.43
07/23/2015 86026 06702 UNIFIRST INC. JUN 2015: WEEKLY DELIVERY OF FLAME RESIS 328.07 328.07
07/23/2015 86027 00556 UNITED WAY OF THE BAY AREA UNITED WAY: PAYMENT 243.93 243.93
07/23/2015 86028 00911 VADEN, KAREN - PETTY CASH DO PETTY CASH WE 06/30/2015 35.88 35.88
07/23/2015 86029 00914 VALLEY PLUMBING HOME CTR, INCBACKFLOW TEST FOR DISTRICT - 7157 STAGEC 223.50 BACKFLOW TEST FOR DISTRICT - TURNOUT 4 A 223.50 BACKFLOW TEST FOR DISTRICT - 6101 LEDGEW 74.50 521.50
07/23/2015 86030 00933 VWR INTERNATIONAL, INC. CHEMICALS AND SUPPLIES 2,120.25 CHEMICALS AND SUPPLIES 429.22 2,549.47
07/23/2015 86031 02884 WEST VALLEY CONSTRUCTION INCCONCRETE WORK @ 7993 CROSSRIDGE DR., 834 2,241.70 2,241.70
07/23/2015 86032 00957 WEST YOST & ASSOCIATES 14-P004 TO NO. 2 WASTEWATER TREATMENT AN 47,357.13 47,357.13
07/23/2015 86033 00957 WEST YOST & ASSOCIATES 14-W007 TO NO. 1 32,738.00 14-W007 PROF SERVICES 6/6 - 6/30 2015 7,821.00 40,559.00
07/23/2015 86034 00966 WHITLEY BURCHETT & ASSOCIATES13-S004 TO 1 DESIGN/BID/BUILD 14 VFDS 2,909.60 2,909.60
07/23/2015 86035 07180 JUN YANG REFUND 11709 SHADOW DR 248.19 248.19
07/23/2015 86036 07171 MOON YIM REFUND 10889 MCPEAK LN 10.00 10.00
07/23/2015 86037 00987 ZONE 7 WATER AGENCY TREATED WATER SERVICE FOR THE PERIOD 6/1 633,451.46 ANNUAL LEASE PAYMENT AND O&M COST SHARIN 2,313.77 635,765.23
07/24/2015 72415 01108 CALPERS FY14/15 ARC CONTRIBUTION 69,448.98 69,448.98
07/27/2015 1513 00494 PERS RETIREMENT: PAYMENT 83,571.72 83,571.72
07/27/2015 7990 05511 CALIFORNIA STATE CHILD SUPPORT GARNISHMENT: PAYMENT 276.92 276.92
Page: 19 apCkHistDesc Check History Description Listing Page: 20 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/27/2015 7272015 03718 HR SIMPLIFIED 2015 POS/FSA/DCA 4,096.66 4,096.66
07/27/2015 7272015 01016 THE BANK OF NEW YORK MELLON080115 WATER DEBT PMT 1,249,234.38 1,249,234.38
07/27/2015 607072715 01098 NATIONWIDE RETIREMENT SOLUTIONNATIONAL DEFERRED COMPENSATION: PAYMENT 44,248.44 44,248.44
07/28/2015 22562056 00559 EDD - PAYROLL CALIFORNIA STATE TAXES: PAYMENT 21,776.64 21,776.64
07/28/2015 65490929 00558 IRS - PAYROLL TAXES FEDERAL WITHHOLDING TAXES: PAYMENT 123,491.47 123,491.47
07/29/2015 7292015 06456 CIGNA GROUP INSURANCE 7/15 - EE LIFE & DISABILITY INSURANCE PR 9,001.02 9,001.02
07/30/2015 86038 03460 ACCO ENGINEERED SYSTEMS INC.WWTP BUILDING G A/C UNIT REPAIR & SERVIC 3,535.00 3,535.00
07/30/2015 86039 01013 BARRETT BUSINESS SERVICES INC.E. HEUER: W/E 7/5/15 4,127.12 J. KAUFFMAN: W/E 7/5/15 1,239.04 M. PEREZ: W/E 7/5/15 700.80 J. CRIST: W/E 7/5/15 614.40 D. CALDEIRA: W/E 7/5/15 563.20 N. POON: W/E 7/5/15 542.72 K. GARCIA: W/E 7/5/15 514.56 C. HIVES: W/E 7/5/15 491.52 C. SIMMONS: W/E 7/5/15 486.40 T. AMARO: W/E 7/5/15 396.80 D. SWIFT: W/E 7/5/15 396.80 S. SWANSON: W/E 7/5/15 368.64 S. LONDON: W/E 7/5/15 349.44 K. HAWKINS: W/E 7/5/15 281.60 A. BAXTER: W/E 7/5/15 245.76 M. ZAVALA: W/E 7/5/15 245.76 L. KUEFNER: W/E 7/5/15 230.40 D. RODRIGUEZ: W/E 7/5/15 122.88 11,917.84
07/30/2015 86040 03614 CAROLLO ENGINEERS DERWA FACPLN TO OC-14 28,224.60
Page: 20 apCkHistDesc Check History Description Listing Page: 21 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
15-W017 TO OC-13 06/01/15-06/30/15 6,387.15 DERWA TO OC-12 HYDRAULIC MODEL UPDATE AN 3,102.85 15-W012 TO OC-11 130.35 37,844.95
07/30/2015 86041 00216 DAIOHS U.S.A. INC. FY2016 HOT BEVERAGE SERVICE DO - JULY 20 171.18 171.18
07/30/2015 86042 03572 BONIFACIO DUENAS DUENAS REIMB EXP AT ADOBE ESSENTIALS SEM 40.87 40.87
07/30/2015 86043 01623 EAST BAY DISCHARGERS AUTHORITYO&M ASSESSMENT - JULY 1, 2015 QTR 166,591.03 166,591.03
07/30/2015 86044 06114 EID, INC. 15-A006 EID TASK ORDER #2 TO MSTR AGREEM 15,000.00 15,000.00
07/30/2015 86045 04424 GRAYBAR ELECTRIC COMPANY INCELE MATLS FOR RES 1A PROJECT 587.72 ELE STOCK MATERIALS 400.56 ELE MATLS FOR RES 1A PROJECT CHLORAMINIZ 118.79 1,107.07
07/30/2015 86046 00503 LEADERSHIP SERVICES LTD LEADERSHIP SERVICES LTD. - LEADERSHIP & 734.78 734.78
07/30/2015 86047 01171 MCGUIRE & HESTER ON-CALL WATER & SEWER REPAIRS 23,291.84 15-S011 RELOCATE FIRE HYDRANT ON DUBLIN 19,024.61 42,316.45
07/30/2015 86048 00608 OFFICE TEAM TEMP SVCS W/E 07/17/15 - MONTAGUE 1,024.52 1,024.52
07/30/2015 86049 01078 STEFANIE OLSON OLSON REIMB EXP AT RW ONSITE SUPERVISOR 71.90 71.90
07/30/2015 86050 04553 PACHECO BROTHERS GARDENINGLAVWMA: INC KNOCK DOWN WEEDS OFF EL CHARRO R 175.00 175.00
07/30/2015 86051 00688 RMC WATER & ENVIRONMENT 15-W007 LONG TERM ALTERNATIVE WATER SUPP 16,473.25 15-W007 LONG TERM ALTERNATIVE WATER SUPP 997.25 17,470.50
07/30/2015 86052 01516 TREPPA, BOB TREPPA REIMB EXP FOR ESRI CONFERENCE 7/2 22.95 22.95
07/30/2015 86053 05026 UNIVAR USA INC. WWTP SODIUM HYPOCHLORITE DELIVERY - 7/8/ 2,027.40 2,027.40
07/30/2015 86054 00019 A-1 ENTERPRISES DROUGHT: PORT-A-POTTY & HANDWASHING STAT 236.46 LAVWMA: WEEKLY STREET SWEEPING JUN '15 220.00 WWTP: BI-MONTHLY STREET SWEEPING JUN '15 170.00 626.46
07/30/2015 86055 01482 AAA LOCKSMITHS DOOR LEVER LOCK FOR BLDG A 358.07 358.07
Page: 21 apCkHistDesc Check History Description Listing Page: 22 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/30/2015 86056 03473 ALAMEDA COUNTY CHAPTER - CSDAALAMEDA CO. CHAPTER CSDA - 2016 MEMBERS 50.00 50.00
07/30/2015 86057 05872 ALL INDUSTRIAL ELECTRIC SUPPLYLED DRIVERS FOR NEW LIGHTS IN MF/RO BLDG 0.07 0.07
07/30/2015 86058 06552 BILLING SOLUTIONS INC. AMERICANAQU CONSERVATIONA HAWK ALERTING & 08/01 - 09/01/2015 1,750.00 1,750.00
07/30/2015 86059 00622 AT&T TELE SVCS & USAGE THRU 07/12/2015 1,796.04 T1 WWTP TO PS300 DV THRU 07/12/2015 258.27 DO T-1 TO FOD THRU 07/12/2015 190.25 T1 SCADA FOD TO DO THRU 07/12/2015 190.25 2,434.81
07/30/2015 86060 07108 BADAWI & ASSOCIATES FYE15 PRELIM - JUNE 2015 DSRSD 10,620.75 FYE2015 PRELIM AUDIT - JUNE (LAVWMA) 3,600.00 14,220.75
07/30/2015 86061 05097 BATTERIES PLUS DATA LOGGER BATTERIES 26.21 26.21
07/30/2015 86062 02445 BENNETT MARINE UTILITY INC LINE AND RESERVOIR CLEANING 4,285.00 4,285.00
07/30/2015 86063 00091 BOLD, POLISNER, MADDOW, NELSONMONTHLY LEGAL SERVICES - 05/15 17,191.50 LEGAL SERVICES 06/01/15 - 06/30/15 (GORD 1,000.00 18,191.50
07/30/2015 86064 00096 BROWN & CALDWELL 14-S013 TO NO. 1 ENG SVCS DESIGN, BID PE 15,111.53 15,111.53
07/30/2015 86065 04574 CALTROL, INC. LAVWMA: REPAIR EIM ACTUATOR AT LAVWMA PU 963.20 963.20
07/30/2015 86066 00148 CHEVRON & TEXACO CARD SVCSDO GASOLINE PURCHASE 06/23/15 - 07/23/15 21.53 21.53
07/30/2015 86067 00157 CITY OF PLEASANTON WWTP: POTABLE WATER - MAY AND JUNE 2015 217.46 DERWA: POTABLE WATER FOR MAY AND JUNE 20 148.32 LAVWMA: POTABLE WATER - MAY AND JUNE 201 133.89 499.67
07/30/2015 86068 03997 CORRPRO COMPANIES, INC. ENGINEERING SERVICES FOR FOD WATER PIPEL 10,312.43 10,312.43
07/30/2015 86069 06084 EDUCATION & TRAINING SERVICESManagement & Supervisory Leadership 549.00 549.00
07/30/2015 86070 00300 ENVIRONMENTAL SCIENCE ASSOC.RESTORATION MONITORING - JUN 1 THRU JUNE 1,718.89 1,718.89
07/30/2015 86071 00313 FASTSIGNS DROUGHT FY16 - SIGNAGE FOR DUBLIN RW FIL 279.23 279.23
07/30/2015 86072 04154 FCI DUBLIN REFUND AV FLOW MONITORING STATION DEPOSI 4,330.87 4,330.87
Page: 22 apCkHistDesc Check History Description Listing Page: 23 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/30/2015 86073 02722 G BORTOLOTTO & COMPANY INC15-S011 RAISING IRON 39,950.00 39,950.00
07/30/2015 86074 07137 GOODYEAR COMMERICAL TIRE TIRES FOR #36, #91 AND #20 1,919.26 1,919.26
07/30/2015 86075 01517 HARRYS AUTO REPAIR INC DISTRICT VEHICLE SMOGS 256.00 256.00
07/30/2015 86076 00468 KAMAN INDUSTRIAL TECHNOLOGIESPRIMARY #1, 2, 3 & 4 PROX SENSORS 1,932.73 1,932.73
07/30/2015 86077 00545 BERT MICHALCZYK MICHALCYZK REIMB TRAVEL EXP THRU 6/30/15 1,361.99 1,361.99
07/30/2015 86078 01649 MISAC MUNI INFO SYS ASSN CAMISAC FULL MEMBERSHIP B TREPPA 1 YR 160.00 160.00
07/30/2015 86079 07204 KATHY MORTE UB Refund Cst #00034625 1,250.00 1,250.00
07/30/2015 86080 04796 NAPA AUTO PARTS SNAP RING KIT - E08 DLD TRACTOR 9.10 9.10
07/30/2015 86081 00585 NCBPA HAYES - ATTEND NCBPA MEETING ON 8/13/15 40.00 40.00
07/30/2015 86082 03535 ORO LOMA SANITARY DISTRICT DISCHARGE FEES - ORO LOMA PERMIT NO. SDP 37.32 37.32
07/30/2015 86083 00620 P G & E LAVWMA PS FEEDER B - JULY 2015 32,729.00 LAVWMA PS FEEDER A - JULY 2015 20,870.26 TO NO. 4; RES 3B W/PS 4B ELEC - JULY 201 1,209.63 54,808.89
07/30/2015 86084 03173 BETH FREELAND PETTY CASH PETTY CASH REIMBURSE WE 06/30/2015 115.38 115.38
07/30/2015 86085 02564 PIPE USERS GROUP PIPE USER GROUP - MEMBERSHIP FEE - JULY 350.00 350.00
07/30/2015 86086 04211 PLATT ELECTRIC SUPPLY ELE PARTS FOR POWER OUTLETS AND SERVICE 616.96 616.96
07/30/2015 86087 02466 RICOH AMERICAS CORP COPIER LEASES MAIL RMS, HR/FIN - AUG. 20 699.28 COPIER LEASES MAIL RMS, HR/FIN - AUG. 20 416.24 COPIER LEASES MAIL RMS, HR/FIN - AUG. 20 389.24 1,504.76
07/30/2015 86088 02318 ROEBBELEN CONSTRUCTION INCDERWA R200 SECURITY FENCE INSTALLATION C 2,737.90 2,737.90
07/30/2015 86089 06345 RON DUPRATT FORD 2015 FORD SUPER DUTY F-350 XL CAB & CHAS 55,821.99 55,821.99
07/30/2015 86090 02939 ROYAL WHOLESALE ELECTRIC OPINTRFC TERM (QTY 3) 10,140.80 PANELVIEW 1000: CONTROL PANEL FOR BLOWER 3,380.27 13,521.07
Page: 23 apCkHistDesc Check History Description Listing Page: 24 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
07/30/2015 86091 06261 SAN JOSE WATER CO. FBO BAYWORKMEMBERSHIP: BAYWORK 2015-2016 6,105.00 6,105.00
07/30/2015 86092 00800 STATE BOARD OF EQUALIZATION2015 2ND QRT USE TAX RETURN (4Q FY 2015) 1,769.00 1,769.00
07/30/2015 86093 00829 T & T VALVE & INSTRUMENTS INCLAVWMA: EXIT GATE FOR BASIN #2 16,277.18 16,277.18
07/30/2015 86094 02902 TORRENT LABORATORY, INC Sample Testing of SAG Siloxanes 398.00 398.00
07/30/2015 86095 01806 U.S. BANK COPIER LEASE LAB/CUST SVC/ EXEC - JULY 2 548.60 548.60
07/30/2015 86096 00966 WHITLEY BURCHETT & ASSOCIATES14-R025 TO OC-2 ROUND 3 GRANT ASSISTANCE 1,149.50 1,149.50
08/03/2015 8032015 03718 HR SIMPLIFIED 2015 POS 366.70 366.70
08/03/2015 608080315 01098 NATIONWIDE RETIREMENT SOLUTIONNATIONAL DEFERRED COMPENSATION: PAYMENT 65.00 65.00
08/04/2015 24771818 00558 IRS - PAYROLL TAXES FEDERAL WITHHOLDING TAXES: PAYMENT 289.47 289.47
08/04/2015 56774056 00559 EDD - PAYROLL CALIFORNIA STATE TAXES: PAYMENT 10.00 10.00
08/05/2015 14068242 00591 NEOPOST USA INC. POSTAGE ADVANCE 08/05/2015 1,000.00 1,000.00
08/06/2015 86097 01013 BARRETT BUSINESS SERVICES INC.E. HEUER: W/E 7/12/15 4,829.60 M. ATKINSON: W/E 7/12/15 1,111.80 T. AMARO: W/E 7/12/15 1,024.00 D. SWIFT: W/E 7/12/15 1,024.00 J. KAUFFMAN: W/E 7/12/15 929.28 C. SIMMONS: W/E 7/12/15 844.80 M. PEREZ: W/E 7/12/15 818.40 D. CALDEIRA: W/E 7/12/15 768.00 J. CRIST: W/E 7/12/15 768.00 N. POON: W/E 07/12/15 578.56 K. GARCIA: W/E 7/12/15 560.64 L. KUEFNER: W/E 7/12/15 453.12 C. HIVES: W/E 7/12/15 430.08 K. HAWKINS: W/E 7/12/15 409.60
Page: 24 apCkHistDesc Check History Description Listing Page: 25 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
M. ZAVALA: W/E 7/12/15 368.64 A. BAXTER: W/E 7/12/15 368.64 H. SEGELKE: W/E 7/12/15 368.64 D. RODRIGUEZ: W/E 7/12/15 353.28 S. LONDON: W/E 7/12/15 345.60 S. SWANSON: W/E 7/12/15 230.40 S. JENNE: W/E 7/12/15 207.36 16,792.44
08/06/2015 86098 05359 BURKE, WILLIAMS & SORENSEN LLPGENERAL COUNSEL SVCS - JUNE 2015 131.56 131.56
08/06/2015 86099 03930 GEXPRO GENL SUPPLIES & GE GLOBAL CARE FOR HISTORIAN & PORTAL 19,493.40 WWTP: GE GLOBAL CARE RENEWAL 9,199.55 FOD: GE GLOBAL CARE RENEWAL 8,369.10 LAVWMA: GE GLOBAL CARE RENEWAL 2,942.70 DERWA: GE GLOBAL CARE RENEWAL 876.52 EOC: GE GLOBAL CARE RENEWAL 438.26 41,319.53
08/06/2015 86100 04424 GRAYBAR ELECTRIC COMPANY INCDERWA: NEW SCREENS FOR PS R20A VFD'S 359.35 (2QTY) 4' STEP LADDERS FOR SHOP & TRUCK 206.63 CONDUIT SUPPLIES FOR RES 1A UPGRADE 41.62 607.60
08/06/2015 86101 00386 HDR ENGINEERING INC. 15-R009 TO NO. 9 CONSTRUCTION MGMT SERVI 38,116.92 15-R009 RW EXPANSION PHASE 1 - DISTRIBUT 5,061.90 43,178.82
08/06/2015 86102 01242 INFO SEND, INC UB BILLING PRINTING/MAILING SVCS - JULY 2,212.55 2,212.55
08/06/2015 86103 01060 CHRISTIE LAWSON COBRA FSA JUNE-DEC 15 REFUND - LAWSON 646.10 646.10
08/06/2015 86104 00608 OFFICE TEAM TEMP SVCS W/E 07/24/15 - MONTAGUE 548.85 548.85
08/06/2015 86105 01126 KEN PETERSON PETERSON REIMB EXP AT ESRI USER CONF 07/ 575.75 575.75
08/06/2015 86106 04973 NATERCIA SAUCEDA CASE ID FL364781: PAYMENT 111.23 111.23
08/06/2015 86107 00805 SUE STEPHENSON STEPHENSON REIMB EXP AT ACWA WORKSHOP 07 256.87 256.87
Page: 25 apCkHistDesc Check History Description Listing Page: 26 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
08/06/2015 86108 05026 UNIVAR USA INC. WWTP SODIUM HYPOCHLORITE DELIVERY 7/16/1 2,203.69 2,203.69
08/06/2015 86109 05127 VISION SERVICE PLAN - CA (VSP)AUGUST 2015 - VISION 2,446.85 2,446.85
08/06/2015 86110 00937 W.W. GRAINGER, INC. (12QTY) SANDING BELT FOR SHOP BELT SANDE 139.81 (12QTY) 6V ALKALINE BATTERY; (2QTY) CABL 136.23 276.04
08/06/2015 86111 01719 A & M PRINTING, INC. 3-PART LEAVE REQUEST FORMS 321.18 321.18
08/06/2015 86112 05728 ALAMEDA COUNTY SHERIFF CASE FILE # 14-10334: PAYMENT 479.19 479.19
08/06/2015 86113 05872 ALL INDUSTRIAL ELECTRIC SUPPLYEXHAUST FAN FOR PS 1A CHEMICAL ROOM 385.18 HEATERS FOR FSL MIXER MCC BUCKETS 227.85 613.03
08/06/2015 86114 01076 ALSCO INC WWTP TOWEL SERVICE JUL '15 211.52 FOD TOWEL SERVICE JUL '15 177.00 388.52
08/06/2015 86115 01009 ARCHER NORRIS 16-A005 TO NO. 1 PROPERTY ACQUISITION AS 1,185.00 1,185.00
08/06/2015 86116 01009 ARCHER NORRIS INVESTIGATION OF GROUNDWATER CONTAMINAT 276.50 276.50
08/06/2015 86117 06349 ARCSINE ENGINEERING 09-6101 TO NO. 2 45,671.15 45,671.15
08/06/2015 86118 00058 ARROWHEAD MOUNTAIN SPRINGL WTRAVWMA: BOTTLED WATER JUL '15 25.99 25.99
08/06/2015 86119 06211 ASSOCIATED SERVICES CO. OPS DEPT HOT BEVERAGE SERVICE - JUL '15 192.95 192.95
08/06/2015 86120 00622 AT&T LAVWMA PS & SANLEANDRO DECHLOR STATION J 100.33 100.33
08/06/2015 86121 01085 CALPERS LONG-TERM CARE PROGRAMLONG-TERM CARE: PAYMENT 68.12 68.12
08/06/2015 86122 06107 COGENT COMMUNICATIONS INC.INTERNET SERVICE - MONTHLY AUG. 2015 2,300.00 2,300.00
08/06/2015 86123 01047 COKER PUMP & EQUIPMENT CO.CREDIT: PRICE DISCREPANCY FROM INV 00501 -120.45 HEAT LOOP PUMPS - SEAL KITS (QTY 2) 596.04 475.59
08/06/2015 86124 00241 DGS OFS SVC REVOLVING FUNDNATURAL GAS SERVICE AT THE WWTP - JUNE 2 17,644.28 17,644.28
08/06/2015 86125 00313 FASTSIGNS SIGNS FOR VIP RECYCLED WATER TOUR 178.70 FAST SIGNS - OFFICE SIGN FOR N. GENZALE 44.54 223.24
Page: 26 apCkHistDesc Check History Description Listing Page: 27 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
08/06/2015 86126 00314 FEDEX WWTP: OVERNIGHT DELIVERY CHARGES JUL '15 28.16 28.16
08/06/2015 86127 00699 FLYERS ENERGY, LLC DIESEL FUEL DELIVERY TO THE WWTP ON 7/15 2,757.98 GASOLINE DELIVERY TO THE WWTP ON 7/13/15 2,119.33 4,877.31
08/06/2015 86128 03900 GARTON TRACTOR INC DLD HARVESTING: TRACTOR RENTAL 7/6/15 - 5,811.75 5,811.75
08/06/2015 86129 03149 HDS WHITE CAP CONST SUPPLYDROUGHT: CANOPY FOR RESIDENTIAL FILL STA 313.58 313.58
08/06/2015 86130 00394 HILTI, INC. TOOL: LASER RANGE METER 257.88 257.88
08/06/2015 86131 05851 JENFITCH, LLC 2 TOTES OF JC 1679 CATIONIC COAGULANT - 4,872.00 4,872.00
08/06/2015 86132 06166 KBA REPAIR ON HR'S KYOCERA ALL IN ONE PRINTE 178.67 178.67
08/06/2015 86133 03958 LIVERMORE AUTO GROUP #68 INTAKE MANIFOLD KIT 201.74 #68 PCV HOSE 32.99 234.73
08/06/2015 86134 01158 MAUREEN KANE & ASSOC INC TTC 300-TECHNICAL TRACK FOR CLERKS, RIVE 1,500.00 1,500.00
08/06/2015 86135 05897 MERIT RESOURCE GROUP A. MCCAFFERY: W/E 7/5/15 1,227.40 A. MCCAFFERY: W/E 7/12/15 1,227.40 2,454.80
08/06/2015 86136 01649 MISAC MUNI INFO SYS ASSN CAMISAC ASSOC MEMBERSHIP B CASTELLO 1 YR 130.00 130.00
08/06/2015 86137 06383 MR. ROOTER PLUMBING EMERGENCY PLUMBING 312.61 312.61
08/06/2015 86138 04231 MSC INDUSTRIAL SUPPLY CO 2PC 18V HMR DR/IMP DR DEWALT CRDLS COMBO 481.33 SAFETY GLASSES, LENS CLEANER - PPE 211.67 TOOL: SENSOR MODULE 2/60CM R SMARTTOLL L 187.22 FACESHIELDS & HEADGEAR - PPE 108.54 988.76
08/06/2015 86139 04796 NAPA AUTO PARTS AIR FILTERS - STOCK ORDER 75.00 REPAIR PARTS FOR SHOP EQUIPMENT 6.59 81.59
08/06/2015 86140 06596 NATIONAL PLANT SERVICES, INC.15-P018 HDPE FOUL AIR LINE 6,900.00 6,900.00
08/06/2015 86141 02109 ONE HOUR DELIVERY SERVICE, INC09-6101 RECORD NOTICE OF EXEMPTION/DETER 250.64 250.64
08/06/2015 86142 00620 P G & E PUMP STATION 300B ELEC - JULY 2015 6,796.25
Page: 27 apCkHistDesc Check History Description Listing Page: 28 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
PUMP STATION R200A ELEC - JULY 2014 5,683.19 PUMP STATION 30A ELEC - JULY 2015 2,490.39 PUMP STATION R300B ELEC - JULY 2015 1,174.22 PUMP STATION 300C ELEC - JULY 2015 533.43 RESERVOIR 20A ELECTRICITY - JULY 2015 128.38 RESERVOIR R200 DERWA TANK 2 ELEC - JULY 42.76 16,848.62
08/06/2015 86143 04211 PLATT ELECTRIC SUPPLY SHOP TOOLS: (2QTY) 4 VIAL ULTRA MAG 77.97 77.97
08/06/2015 86144 04951 PLEASANTON TRUCKING HAULING MATERIALS 184.28 184.28
08/06/2015 86145 05543 ADMINISTRATORS (PBIA) PREFERREDAUGUS BENEFITT 2015 - INSURANCEDENTAL 21,654.40 21,654.40
08/06/2015 86146 04251 R.L. RIGHETTI ENTERPRISES INC.CO-GEN: PARTS FOR WAUKESHA VHP CYLINDER 7,493.70 7,493.70
08/06/2015 86147 07208 REGIONAL GOVERNMENT SERVICESDELIGHT, VADEN, GENZALE, BYRUM SUPERVISO 3,000.00 3,000.00
08/06/2015 86148 07172 ROUX ASSOCIATES INC. 16-A005 TO NO. 1 ENVIRONMENTAL ASSESSMEN 3,900.80 3,900.80
08/06/2015 86149 02698 SHAMROCK OFFICE SOLUTIONS OVERAGEINC USAGE COLOR COPIES 07/06 - 08/05 393.15 393.15
08/06/2015 86150 00774 SIEMENS INDUSTRY, INC PREVENTATIVE MAINTENANCE SEVICES - FY16 18,528.00 18,528.00
08/06/2015 86151 00804 STATE WATER RESOURCES CONTROLJ. CHALK DISTRIBUTION CERTIFICATION RENE 190.00 190.00
08/06/2015 86152 00862 TIFCO INDUSTRIES PLATED FLAT WASHERS; WIRE CLIP; DRILL SC 1,285.23 1,285.23
08/06/2015 86153 03245 UNITED SITE SERVICES OF DUBLIN RW FILL STATION: PORTA POTTY 7/10 263.82 263.82
08/06/2015 86154 00556 UNITED WAY OF THE BAY AREA UNITED WAY: PAYMENT 243.93 243.93
08/06/2015 86155 07140 USA FLEET SOLUTIONS JUL 2015: MONTHLY TRACKING FEE 1,449.45 1,449.45
08/06/2015 86156 00912 VALLEY CARE HEALTH SYSTEM RESPIRATOR MEDICAL EVALUATIONS, AUDIOGRA 4,570.00 4,570.00
08/06/2015 86157 00914 VALLEY PLUMBING HOME CTR, INC2015-16 BACKFLOW TESTING FOR DISTRICT - 74.50 2015-16 BACKFLOW TESTING FOR DISTRICT - 74.50 149.00
08/06/2015 86158 06004 VANGUARD CLEANING SYSTEMSJUL 2015: CUSTODIAL SERVICES AT THE DO A 1,675.00 1,675.00
08/06/2015 86159 00920 VASCO ROAD LANDFILL UNLOADING OF WWTP SOLIDS/GRIT JUL '15 958.32 958.32
Page: 28 apCkHistDesc Check History Description Listing Page: 29 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
08/06/2015 86160 00933 VWR INTERNATIONAL, INC. NITRILE GLOVES FOR PLANT OPERATORS 395.84 E.AEROGENES, S.AUREUS, E.COLI 274.09 BIOINDICATOR 104.14 GLOVE XS 56.30 CONDUCTIVITY STD 42.43 SODIUM CARBONATE 0.05N 27.11 LAVWMA: Phenylarsine Oxide 26.31 926.22
08/06/2015 86161 02884 WEST VALLEY CONSTRUCTION INCSAW CUT & OPEN TRENCH @ 8218 RHONDA AVE. 12,170.62 PULL SERVICE LINE @ 7849 HILLROSE DR. ON 8,992.81 INSTALLED HYDRANT CHECK VAVLE @ 3750 DUB 3,385.47 FORM PAD AROUND HYDRANT @ BRANNIGAN (LOW 2,170.13 26,719.03
08/07/2015 86162 03536 U S BANK/ CORP PMT SYSTEMS 3 APPLE IPADS FOR FOD 2,305.22 GALLARDO- 2015 CALPELRA CONFERENCE REG 1,020.00 C. HOFFMANN - 2015 CALPELRA CONFERENCE R 1,020.00 ARCHER- 2015 CALPELRA CONFERENCE REGISTR 1,020.00 REPLT URINAL FOR DO MEN'S ROOM 974.20 DROUGHT 2015: ROLLING ROADSIDE BILLBOARD 949.97 KPETERSON: LODGING RE: 2015 ESRI USER CO 873.39 DROUGHT: RW RESIDENTIAL FILL STATION RAD 840.27 SAFETY OFFICER RECRUITMENT - JOB POSTING 773.90 QTY (1) IPAD FOR FOD 768.41 QTY (1) BARCODE SCANNER FOR RECYCLED FIL 710.95 RESIDENTIAL RW FILL STATION: PIPES & FIT 695.16 DUENAS - REGISTRATION FOR ADOBE ACROBAT 695.00 REPLT WASHING MACHINE FOR BLDG A 688.87 4X8 MATS FOR ODOR CONTROL FOR PLANT OPER 613.11 MCINTYRE REGISTRATION WATEREUSE CONFEREN 600.00 2015 CSDA ANNUAL CONFERENCE - REGISTRATI 550.00
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Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
CASA REGISTRATION: D. GALLAGHER 8/20-8/2 525.00 MCINTYRE REGISTRATION CASA AUG 2015 525.00 2015 CASA ANNUAL CONF - REGISTRATION - D 525.00 2015 CASA ANNUAL CONF - REGISTRATION - B 525.00 COPY PAPER, CLASSIFICATION FOLDERS, ETC 506.34 ONLINE JOB POSTING (IT ANALYST II) 499.00 (2QTY) GAZEBO FOR RESIDENTIAL RECYCLED W 481.78 CLOTHES DRYER FOR FLEET SHOP 436.91 ONLINE JOB POSTING (IT ANALYST II) 419.00 1 UCC (STANDARD) SSL CERT -3 YR 404.97 1 YR SUBSCRIPTION LYNDA.COM 375.00 ORBITZ - HOTEL FOR TTC TRAINING - L RUMM 343.84 RBROOKS: 3-YR MEMBERSHIP DUES, 06/23/15 320.00 CWEA MEMBERSHIP & CERTIFICATE RENEWAL K. 319.00 PARTS TO REPAIR BACKFLOW AT MAIN GATE 316.31 PRESSURE SWITCH FOR PS 3A 315.81 HR TECH JOB POSTING 310.58 OAK SAN RT BTREPPA ESRI CONFERENCE FLIGH 307.00 SANITIZING WIPES FOR FIELD STAFF 293.47 FUEL FOR TRUCK #35 285.91 MISC SUPPLIES: LITE SWEEPER NOZZLES, RAK 278.08 MATLS/SUPPLIES FOR PRIMARY #2 252.64 SAFETY OFFICER RECRUITMENT - ADVERTISEME 250.00 SUNHATS (HEAT SAFETY PPE) 220.73 ELE MATERIALS FOR RES 1A PROJECT 218.91 FLEET SUPPLIES - ZEP TKO 214.24 SODIUM HYPOCHLORITE 203.80 ZOOM MAGNIFIERS; HD TRASH CAN LINERS; FA 203.59 SUPPLIES: WATER COOLERS; CUPS; TRASH CAN 200.64
Page: 30 apCkHistDesc Check History Description Listing Page: 31 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
ONLINE JOB POSTING - SAFETY OFFICER 200.00 BJOHNSON: REG FEE RE: VFD-101 BASICS OF 200.00 (2QTY) 24" STOP SIGN FOR WWTP 183.96 SHALLIDAY: MEMBERSHIP RENEWAL, EXP 09/01 164.00 DRILL/DRIVER/IMPACT DRIVER COMBO KIT FOR 163.16 CWEA CERTIFICATE RENEWAL ANN CIGLIUTI 163.00 BEARINGS FOR #2 SECONDARY BLOWER 159.54 RBAKER: MEMBERSHIP RENEWAL, EXP 0/28/15 156.00 MSAUCEDA: MEMBERSHIP RENEWAL, EXP 08/01/ 156.00 SAFETY OFFICER JOB POSTING 150.00 REPAIR CIRCUIT BOARD & REPT BATTERY FOR 148.00 MEAT & DISPOSABLES FOR MAINT DIV FY2015 142.21 OFFICE SUPPLIES:MARKERS, CALCULATORS, BI 135.77 STEPHENSON - ACWA BOARD WORKSHOP FLIGHT 132.50 FOOD FOR MAINT DIV FY2015 YEAR-END TEAM 124.87 WATER COOLER & COOLER WIRE RACK FOR TRUC 116.05 LAVWMA: MATLS FOR SLSS GENERATOR FRAMING 112.46 STAPLES - OFFICE CHAIR FOR SHERRIE WEIS 109.49 WEEDBLOCK FABRIC FOR GRIT BUILDING 109.37 TRANSCRIPTION SERVICES (2 OF 2) 105.94 RUBBER PALM GLOVES - PPE 102.67 CA EMPLOYMENT LAW POSTERS 100.19 TRANSCRIPTION SERVICES (1 OF 2) 99.66 JMILLER: E/I-4 CERTIFICATE RENEWAL 94.00 FOD TOASTER OVEN & PLUG 93.04 FIBER OPTIC ACCESSORIES FOR WWTP RTU ETH 90.39 J. KILLIPS CWEA RENEWAL 7-31-2015 84.00 SHALLIDAY: MT-2 CERTIFICATE RENEWAL, EXP 84.00 SCISSORS AND DRY ERASE BOARD/MARKERS 79.89
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Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
OFFICE SUPPLIES: PAGE PROTECTORS, PENS, 78.91 NEW EMPLOYEES CASHA AND TRAN - POLO SHIR 77.73 (20.840G) DIESEL FOR CRANE TRUCK 75.00 RW FILL STATION SUPPLIES 70.96 LAVWMA: (19.130G) DIESEL FOR JACKHAMMER 70.00 PRINT & HOW MAGAZINE 1 YR SUBSCRIPTION R 69.96 RW FILL STATION SUPPLIES 69.72 RW FILL STATION SUPPLIES - 3 CAMP CHAIRS 65.67 GENERAL OPERATING SUPPLIES 62.63 (5QTY) SAKRETE 50LB FENCE POST MIX; (5QT 58.20 TOOLS TO COMPLETE ELE SHOP RATCHET SET 58.05 CHAIR MAT 56.60 COMPUTER MONITOR DESK STAND 54.99 LIMS MGMT SOFTWARE LUNCH DISCUSSION 53.60 CONSUMABLE: 5PC DRILL SET; 4PC DRILL BIT 51.44 DONATION FOR G. LEE - THIS WILL BE REIMB 50.00 DONATION FOR G. LEE NO. 2 - CASH TO REIM 50.00 CITY CLERKS ASSOC - CMC ADMISSION - GENZ 50.00 OUTLET PARTS FOR RES 1A 48.07 ELE MATERIALS FOR RES 1A PROJECT 44.82 ATHENS - TEAM BUILDING MEETING - 6/26/15 44.62 FOD SUPPLIES 41.59 PEGS FOR SHOP'S PEG BOARD 38.14 LAVWMA: CONCRETE FORM MATL FOR SLSS 37.78 5GAL BUCKET; MAGNETIC SCREWDRIVER HOLDER 33.85 MT. DIABLO ARMA CHAPTER MEETING - N. GEN 32.64 POUCHES FOR LOOSE TOOLS & CABLES ON TRUC 31.13 PLUMBING PARTS/SUPPLIES FOR URINAL REPLT 30.62 Meeting with FOD Candidate 29.42
Page: 32 apCkHistDesc Check History Description Listing Page: 33 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
Meeting with Daniel Smith 29.10 (3) ROLLS 2016 TAB YEAR LABELS 28.97 CLEANER FOR COFFEE MACHINE 27.65 LAVWMA: RACKS FOR LAVWMA SHOP 27.51 DAYTIME PLANNER FOR B. SMITH 27.37 CHARCOAL & LIGHTER FOR MAINT DIV FY2015 27.35 DRINKS FOR MAINT DIV FY2015 YEAR-END TEA 26.20 PRO SUBSCRIPTION (JULY 2015) 26.00 12 MONTH SUBSCRIPTION (MAGAZINE & TECH S 25.00 ITS MASTER PLAN INTERVIEW LUNCH 23.21 Meeting with FOD Candidate 21.99 FREIGHT INVOICE FOR HAT ORDER 21.84 INSTALLATION OF DO SIGNAGE EXPENSE 20.12 FREIGHT FOR SUNHATS ORDER 18.54 MATERIALS FOR DO SIGN PROJECT 10.80 OLSEN - SOCIAL MEDIA TRAINING PARKING 10.00 OLSEN - SOCIAL MEDIA TRAINING MEAL 9.67 FAX SERVICE - JUNE 2015 7.95 CARDS/SUPPLIES 7.31 BLUETOOTH CARD FOR LAPTOP 7.09 Parking: Meeting with RWQCB on 7/16/15 5.00 AMAZON - CREDIT ON BALANCE DUE FOR PRIME -8.67 RETURN: LAVWMA: CONCRETE FORM MATL FOR S -14.87 OFFICE DEPOT - RETURNED SPECIALTY OFFICE -18.98 PARTIAL CREDIT FOR 3 IPADS FOR FOD -91.97 REFUND: GLEE 2015 MEMBERSHIP RENEWAL -272.00 30,474.48
08/10/2015 7991 05511 CALIFORNIA STATE CHILD SUPPORT GARNISHMENT: PAYMENT 276.92 276.92
08/10/2015 587750 00494 PERS RETIREMENT: PAYMENT 84,483.31 84,483.31
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Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
08/10/2015 8102015 01098 NATIONWIDE RETIREMENT SOLUTIONNATIONAL DEFERRED COMPENSATION: PAYMENT 44,308.44 44,308.44
08/10/2015 81020151 03718 HR SIMPLIFIED 2015 IRS 125 POS, DCA, FSA 1,877.11 1,877.11
08/10/2015 1000583273 01111 CALPERS AUGUST 2015 - ER CODE 0740 & 7316 181,380.03 181,380.03
08/11/2015 7655056 00559 EDD - PAYROLL CALIFORNIA STATE TAXES: PAYMENT 22,117.08 22,117.08
08/11/2015 34717646 00558 IRS - PAYROLL TAXES FEDERAL WITHHOLDING TAXES: PAYMENT 123,624.31 123,624.31
08/13/2015 86163 00710 AAI TERMITE & PEST CONTROL INCLAVWMA: TERMITE & PEST CONTROL JUL '15 72.00 PEST CONTROL @ FOD 7-15-15 45.00 10653 DUBLIN BLVD PEST CONTROL SERVICE 7 45.00 162.00
08/13/2015 86164 01013 BARRETT BUSINESS SERVICES INC.E. HEUER: W/E 7/19/15 1,931.84 M. ATKINSON: W/E 7/19/15 1,463.87 J. KAUFFMAN: W/E 7/24/15 1,239.04 D. SWIFT: W/E 7/19/15 1,024.00 T. AMARO: W/E 7/19/15 1,024.00 M. PEREZ: W/E 7/19/15 768.00 K. HAWKINS: W/E 7/19/15 768.00 J. CRIST: W/E 7/19/15 768.00 C. SIMMONS: W/E 7/19/15 588.80 D. CALDEIRA: W/E 7/19/15 486.40 L. KUEFNER: W/E 7/24/15 437.76 K. GARCIA: W/E 7/19/15 399.36 C. HIVES: W/E 7/19/15 376.32 A. BAXTER: W/E 7/19/15 368.64 M. ZAVALA: W/E 7/19/15 368.64 D. RODRIGUEZ: W/E 7/19/15 322.56 S. LONDON: W/E 7/19/15 253.44 H. SEGELKE: W/E 7/19/15 245.76 S. SWANSON: W/E 7/19/15 230.40
Page: 34 apCkHistDesc Check History Description Listing Page: 35 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
S. JENNE: W/E 7/19/15 207.36 N. POON - RETRO PAY INCREASE 164.80 13,436.99
08/13/2015 86165 00103 C. OVERAA & CO. ON-CALL CONSTRUCTION & REPAIR - PRIMARIE 48,269.00 LAVWMA EXIT GATE #2 - REPLACE 15,016.00 COGEN SAFETY RAIL 5,989.00 69,274.00
08/13/2015 86166 01211 JOHN CHALK CHALK REIMB EXP FOR USA BLUE BOOK TRAINI 28.00 28.00
08/13/2015 86167 00258 DUBLIN SAN RAMON SERVICES DIST91927374 RECY CONSTRUCT. METER, 04-80-92 72.99 72.99
08/13/2015 86168 00299 ENVIRONMENTAL RESOURCE ASSOC.2015 PROFICIENCY TESTING AND STANDARDS 4,049.66 4,049.66
08/13/2015 86169 04424 GRAYBAR ELECTRIC COMPANY INCTOOLS: 5-TOOL COMBO KIT; BAT PACK; BAND 1,064.78 TOOLS FOR TODD'S TRUCK: VEHICLE BTRY CHR 384.98 1,449.76
08/13/2015 86170 00473 KEMIRA WATER SOLUTIONS INC DERWA OPS PAX-XL8 DELIVERY 07/24/15 10,986.39 DERWA OPS PAX-XL8 DELIVERY 07/22/15 10,963.37 21,949.76
08/13/2015 86171 02314 DONALD KURTZ KURTZ REIMB JUNE 2015 LIFE INSURANCE 79.10 79.10
08/13/2015 86172 01955 RICK LAWRENCE LAWRENCE REIMB EXP FOR USA BLUE BOOK TRA 32.00 32.00
08/13/2015 86173 03653 LORI MARTIN MARTIN RIEMB EXP FOR GENERAL EE MEETING 167.61 MARTIN REIMB EXP FOR DUBLIN RW CELEBRATI 88.02 255.63
08/13/2015 86174 01171 MCGUIRE & HESTER 7/9/15 RAISE VALVES @ INTERSECTION 7,411.27 7,411.27
08/13/2015 86175 00608 OFFICE TEAM TEMP SVCS W/E 07/31/15 - MONTAGUE 548.85 548.85
08/13/2015 86176 01403 PRAXAIR DISTRIBUTION INC 186 CYLINDER RENTAL 62.40 62.40
08/13/2015 86177 00688 RMC WATER & ENVIRONMENT CLEAN WATER SECTION PROGRAM ADMINISTRATI 4,321.50 4,321.50
08/13/2015 86178 01389 SCOTT ROBERSON ROBERSON REIMB EXP FOR USA BLUE BOOK TRA 25.52 25.52
08/13/2015 86179 05026 UNIVAR USA INC. DERWA SODIUM HYPOCHLORITE DELIVERY 07/19 1,972.65 1,972.65
08/13/2015 86180 04694 VULCAN MATERIALS CO 24.57 TONS OF 3/4IN CL 2 BASE 274.52 22.72 TONS OF 3/4IN CL 2 BASE 254.26 528.78
Page: 35 apCkHistDesc Check History Description Listing Page: 36 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
08/13/2015 86181 03622 JUDY ZAVADIL ZAVADIL REIMB EXP FOR WWTP BIOSOLIDS MAS 80.46 80.46
08/13/2015 86182 01719 A & M PRINTING, INC. DROUGHT16-RW USER VIOLATION POSTCARD PRI 463.39 463.39
08/13/2015 86183 01482 AAA LOCKSMITHS 09-6101 REKEY 27 LOCKS + 6 KEYS 1,871.43 1,871.43
08/13/2015 86184 06629 ADVANTAGE PROPERTY MANAGEMENTREFUND 5798 SHADOW HILL DR 157.42 157.42
08/13/2015 86185 02158 AMADOR VALLEY INDUSTRIES RENTAL OF 4 YD DUMPSTER & 20 YD BOX FOR 925.21 DO GARBAGE SVC - FY 15/16 - JULY 321.67 1,246.88
08/13/2015 86186 01195 AMERICAN BATTERY CO. #109 CAMEL BATTERIES 196.53 STOCK ORDER - BATTERY 78.84 275.37
08/13/2015 86187 00068 AMERICAN WATER WORKS ASSOC.AWWA - MEMBERSHIP RENEWAL 2016 3,519.00 3,519.00
08/13/2015 86188 07215 NITESH BANGA REFUND 1114 AMARYLLIS CIR 162.36 162.36
08/13/2015 86189 07214 BAYWIDE PROPERTIES REFUND 5120 LONDONDERRY DR 171.67 171.67
08/13/2015 86190 05646 BEST BEST & KRIEGER YUBA WATER TRANSFER 3,548.21 3,548.21
08/13/2015 86191 00091 BOLD, POLISNER, MADDOW, NELSONMONTHLY LEGAL SERVICES - 07/15 13,610.77 13,610.77
08/13/2015 86192 00092 BORGES & MAHONEY CO 15-W017 TRANSFER PUMP 2,049.75 2,049.75
08/13/2015 86193 00105 CAL-STEAM GATE VALVE; BRS HOSE BARB; PIPE CMPD 114.21 114.21
08/13/2015 86194 00118 CALTEST ANALYTICAL LAB SAMPLE TESTING 180.50 180.50
08/13/2015 86195 07222 ZHONGSHAN CHEN REFUND 6685 ABERDALE CIR 115.18 115.18
08/13/2015 86196 07212 ROSA CHUNG REFUND 2269 HAGGERTY DR 7.44 7.44
08/13/2015 86197 01167 CITY OF DUBLIN 7-10-15 ENCROACHMENT PERMIT @ 8115 VIA Z 488.00 488.00
08/13/2015 86198 04820 COASTAL IGNITION & CONTROLSCOGEN SPARES FOR CATALYST 5,368.91 15-P003: ASCO FLANGE KIT 228.11 5,597.02
08/13/2015 86199 07131 CSDS DUBLIN (1) BLACK MATTE INK CARTRIDGE 83.22 83.22
08/13/2015 86200 00208 CSRMA WORKERS' COMP PROGRAM - FINAL PREMIUM AU 2,728.00
Page: 36 apCkHistDesc Check History Description Listing Page: 37 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
DEDUCTIBLE RECOVERY/CLAIM FILE OPEN 2,038.85 DEDUCTIBLE RECOVERY/CLAIM FILE OPEN 1,251.95 DEDUCTIBLE RECOVERY/CLAIM FILE OPEN 602.30 6,621.10
08/13/2015 86201 00229 DELL MARKETING LP (1) DELL T5810 WORKSTATION AND (2) U2412 5,246.81 5,246.81
08/13/2015 86202 06283 STATE OF CALIFORNIA DEPARTMENTBIAGTAN OF CONSUMER - 2015-16 PROFESSIONAL AFFAIRS ENGINEER 115.00 115.00
08/13/2015 86203 02152 DR HORTON REFUND METER # 65495600 812.99 REFUND METER #64833092 439.91 REFUND 5326 CAMPUS DR 82.38 REFUND 5266 CAMPUS DR 51.31 REFUND 5332 CAMPUS DR 24.87 REFUND 5321 N ESPRIT LOOP 17.42 REFUND 5328 N ESPRIT LOOP 7.59 REFUND 5301 N ESPRIT LOOP 6.50 1,442.97
08/13/2015 86204 07197 DUNN AND ASSOCIATES 16-A005 APPRAISAL - 7035 COMMERCE CIRCLE 3,200.00 3,200.00
08/13/2015 86205 00280 ECOWATER SYSTEMS LAB WATER SOFTENER EXCHANGE TANKS: OPS A 205.20 RO TANKS (QTY 2) EXCHANGED QUARTERLY: ME 17.00 222.20
08/13/2015 86206 06251 ENVIRONMENTAL LEVERAGE INC.BIOLOGICAL WASTEWATER TREATMENT SEMINAR: 750.00 750.00
08/13/2015 86207 06977 EORM INC. SAFETY CONSULTING SERVICES JULY 2015 2,992.00 SAFETY CONSULTING SERVICES JUNE 2015 1,496.00 4,488.00
08/13/2015 86208 00699 FLYERS ENERGY, LLC GASOLINE DELIVERY TO THE WWTP ON 7/22/15 1,439.68 1,439.68
08/13/2015 86209 07213 UDAYA GURRAM REFUND 3109 COLEBROOK LN 311.88 311.88
08/13/2015 86210 00368 HACH COMPANY LAVWMA: PORTABLE PH METER FOR WATER QUAL 1,608.15 1,608.15
08/13/2015 86211 03149 HDS WHITE CAP CONST SUPPLYMISC REPAIR PARTS 609.69 609.69
08/13/2015 86212 00388 HEATH'S WELDING SUPPLY GAS SUPPLIES AND RENTAL 327.40 (3QTY) PROPANE FOR WWTP FORKLIFT 147.83 475.23
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Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
08/13/2015 86213 05331 HERTZ EQUIPMENT RENTAL PLATFORM LIFT RENTAL: 7/6-7/13 (ONE WEEK 563.87 563.87
08/13/2015 86214 06931 IWATER, INC TRAINING FOR INFRAMAP SOFTWARE. PRICE IS 3,000.00 3,000.00
08/13/2015 86215 05768 J. SNELL & CO., INC. SHEAR TECH ENDORSER MAINTENANCE 354.41 354.41
08/13/2015 86216 06877 TRIPTI JAIN REFUND 3108 AMARYLLIS CIR 110.47 110.47
08/13/2015 86217 05851 JENFITCH, LLC JC 1679 CATIONIC COAGULANT - 5,600 LBS 4,872.00 4,872.00
08/13/2015 86218 07220 SUKHRAMAN KAUR REFUND 10027 ALBION RD 178.85 178.85
08/13/2015 86219 06166 KBA INSTALLATION OF ROLLER ASSY FOR HR PRINT 341.33 341.33
08/13/2015 86220 05897 MERIT RESOURCE GROUP A. MCCAFFERY: W/E 7/19/15 1,227.40 1,227.40
08/13/2015 86221 04796 NAPA AUTO PARTS STOCK ORDER 96.95 STOCK ORDER - OIL FILTERS; ANTIFREEZE 70.12 #70 AIR FILTER 11.36 178.43
08/13/2015 86222 07217 DAISY NG REFUND 413 WATSONIA CT 115.76 115.76
08/13/2015 86223 00606 OFFICE DEPOT OFFICE SUPPLIES: CARD STOCK, PAPER, FOLD 121.50 121.50
08/13/2015 86224 01257 OMEGA INDUSTRIAL SUPPLY INCCHEMICALS & GREASE FOR WWTP 915.76 915.76
08/13/2015 86225 02109 ONE HOUR DELIVERY SERVICE, INC15-R009 RECORD NOTICE OF COMPLETION RW T 238.71 ONE HOUR DELIVERY - DELIVERY OF DIRECTOR 120.00 358.71
08/13/2015 86226 05779 OVIVO USA, LLC 14-S013 DESIGN C3D-T SECONDARY 90' DIAME 13,140.00 13,140.00
08/13/2015 86227 00620 P G & E WWTP ELECTRIC - JULY 2015 (TRUE-UP INVOI 503,844.71 PUMP STATION 200A ELEC - JULY 2015 5,838.52 DISTRICT OFFICE ELECTRICITY - JULY 2015 5,119.97 PUMP STATION 4A ELEC - JULY 2015 553.66 DISTRICT OFFICE GAS SERVICE - JULY 2015 179.50 DO UTILITY BUILDING ELEC - JULY 2015 151.59 RESERVOIR R100 ELEC - AUGUST 2015 18.74
Page: 38 apCkHistDesc Check History Description Listing Page: 39 Printed on: 08/18/2015 7:26AM Dublin San Ramon Services District From: 7/13/2015 To: 8/16/2015
Bank code: apbank
Date Check # Vendor Description Amount Paid Check Total
ALAMO TRUNK SEWER ELEC - JULY 2015 17.10 DO UTILITY BUILDING GAS SVC - JULY 2015 13.17 JOHNSON DRIVE STREETSCAPE ELEC - JULY 20 11.98 515,748.94
08/13/2015 86228 06919 JULIE PETERSON REFUND 7856 GATE WAY 118.04 118.04
08/13/2015 86229 04211 PLATT ELECTRIC SUPPLY (2QTY) PVC 2-IN BELL END FOR RES 1A 9.18 9.18
08/13/2015 86230 04951 PLEASANTON TRUCKING TRANSPORTING VULCAN MATERIAL TO FOD 7-15 170.40 170.40
08/13/2015 86231 07224 POSM SOFTWARE POSM SUPPORT CONTRACT 1,500.00 1,500.00
08/13/2015 86232 01168 PRSA STEPHENSON - PRSA MEMBERSHIP RENEWAL 330.00 330.00
08/13/2015 86233 04105 R&B COMPANY MISC UNDERGROUND PARTS FOR PS R300B 129.66 129.66
08/13/2015 86234 02905 ROBERT A BOTHMAN INC REFUND METER #65495588 358.26 358.26
08/13/2015 86235 07216 MATHEW RONCOLI REFUND 200 TEAROSE CT 385.43 385.43
08/13/2015 86236 06915 SHARPS SOLUTIONS, LLC CLEAN WATER - PHARMACEUTICAL OFF-HAUL PI 264.85 264.85
08/13/2015 86237 06980 SHOOTING STARS PRESCHOOL REFUND OF OVERPAYMENT OF LOCAL SEWER CAP 292.22 292.22
08/13/2015 86238 02470 SHRED-IT SHREDDING SERVICES FY 2016 - JULY 2015 113.44 113.44
08/13/2015 86239 07211 AMRIT SINGH REFUND 3303 CENTRAL PKWY 37.00 37.00
08/13/2015 86240 05784 SKM SYSTEMS ANALYSIS, INC. ELE ENGG SOFTWARE ANNUAL & TECHNICAL SUP 1,900.00 1,900.00
08/13/2015 86241 07063 STONE CASTLE REALTY REFUND 8513 GALINDO DR 151.95 151.95
08/13/2015 86242 05433 TAYLOR MORRISON REFUND METER #67936439 1,250.98 REFUND 2973 VITTORIA LOOP 36.90 1,287.88
08/13/2015 86243 00848 THE LIGHTHOUSE FLEET STOCK PARTS 229.47 229.47
08/13/2015 86244 07209 TOM OAKES WOODWORKS CABINETRY WORK: MODIFY OAK CABINET IN GM 600.00 600.00
08/13/2015 86245 05498 TRI VALLEY AUTO GLASS #60 WINDSHIELD REPLACEMENT 375.26 375.26
08/13/2015 86246 07218 SESHAGIRIRAO VAIDYULA REFUND 1312 NANCY LN 62.38 62.38
Page: 39
TENTATIVE BOARD ITEMS 8/28/2015 9:47:10 AM Admin Financial Technical Executive TVWPR Board Mtg Agenda Item Affairs Affairs Affairs
9/15/2015 Consider Appeal by {name} of Staff Denial of an Exemption to Water Use Limitations
Master Consulting Agreement with RCS
Closed Session - Direction to Negotiator regarding Field Operations Corp Yard
Approve the Purchase and Sale Agreement for Field Operations Corporation Yard Building and Site
Regular and Recurring Reports: August District Financial Statements, Warrant List, Board Calendar, (list),
Consider District's Position on Zone 7 Water Rates
Drought Related Customer Issues and Concerns
Decide Board Committee Assignments for Remainder of 2015 (Tentative)
Policy - Revise Ticket Distribution
Rate Relief Program for Low Income Residentail Water Customers -Annual Review
Consider Appeal by {name} of Staff Denial of a Waiver of Enforcement Action Related to Violation of Water Use Limitations
Budget Adjustment - Possible Board Election to fill Vacancy (Tentative)
Accept Water Supply and Demand and Drought Response Action Plan Status Reports and Find that the Need for the Community Drought Emergency Still Exists
10/6/2015
1 Admin Financial Technical Executive TVWPR Board Mtg Agenda Item Affairs Affairs Affairs
10/6/2015 Consider Appeal by {name} of Staff Denial of an Exemption to Water Use Limitations
Adopt Water Supply, Storage, Quality and Conservation Policy (2nd of 2)
Drought Related Customer Issues and Concerns
Consider Appeal by {name} of Staff Denial of a Waiver of Enforcement Action Related to Violation of Water Use Limitations
Approve Long Term Alternative Water Resources Master Plan
2 Agenda Item 8F
Reference Type of Action Board Meeting of General Manager Adopt Revised Policy September 1, 2015 Subject Adopt Revised Proposition 218 Receipt, Tabulation and Validation of Written Protests Policy and Rescind Resolution No. 28-12 Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff N. Genzale Board Member
Recommendation:
The General Manager recommends the Board of Directors adopt, by Resolution, the revised Proposition 218 Receipt, Tabulation and Validation of Written Protests policy and Rescind Resolution No. 28-12.
Summary:
The District has a Proposition 218 Receipt, Tabulation and Validation of Written policy. This policy was adopted in 2012. In accordance with the District’s practice of reviewing each of its policies at least every four years, this policy is presented to the Board for its review.
Staff believes that the policy, as written, is working properly and is recommending only two clarifying revisions on page 3 be made: • Specify that waivers submitted waiving the right to have personal information withheld from disclosure must be in writing (section 8); and • Revise footnote 1 to reflect updated court decision reference.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Yes N. Genzale Executive
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $0 A. 1. Track changes version of policy B. 2. 3. H:\Board\2015\09-01-15\8F Prop 218 Policy\Prop 218 Policy S&R.docx RESOLUTION NO. ______
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT REVISING THE PROPOSITION 218 RECEIPT, TABULATION AND VALIDATION OF WRITTEN PROTESTS POLICY AND RESCINDING RESOLUTION NO. 28-12 ______
WHEREAS, on June 19, 2012 the Board adopted Resolution No. 28-12, providing for a Proposition 218 Receipt, Tabulation and Validation of Written Protests policy; and WHEREAS, the Proposition 218 Receipt, Tabulation and Validation of Written Protests policy is scheduled for review in calendar year 2015 in accordance with the District’s Strategic Plan Initiative 3.01.04 to evaluate and update 25% of Board policies annually; and WHEREAS, the policy is reviewed periodically to align with current laws and to provide clarifications. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT, a public agency located in the Counties of Alameda and Contra Costa, California that a revised policy titled “Proposition 218 Receipt, Tabulation and Validation of Written Protests,” attached as Exhibit “A,” is hereby adopted. ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, Counties of Alameda and Contra Costa, at its regular meeting held on the 1st day of September 2015 and passed by the following vote: AYES:
NOES:
ABSENT: ______Edward R. Duarte, President
ATTEST:______Nicole Genzale, District Secretary
H:\Board\2015\09-01-15\Prop 218 Policy\Prop 218 Protest Policy reso.docx Exhibit A
POLICY Dublin San Ramon Services District
Policy No.: Type of Policy: Board Business
Policy Title: Proposition 218 Receipt, Tabulation and Validation of Written Protests Policy Defines guidelines for receiving, tabulating and validating written protests Description: of proposed changes to utility charges
Approval Date: Last Review Date: 2015 Approval Resolution Next Review Date: 2019 No.:
Rescinded 28-12 Rescinded September 1, 2015 Resolution No.: Resolution Date:
It is the Policy of the Board of Directors of Dublin San Ramon Services District:
When notice of a public hearing with respect to a sewer service or water rate has been given by the District pursuant to Proposition 218 (Section 6 of Article XIII D of the California Constitution), that the following shall apply:
The District and its Board of Directors welcome and will consider input from the community at any time, including during the public hearing on the proposed charges. However, in accordance with Proposition 218, as described herein only valid written protests that are timely received will be counted as formal protests of a proposed water or sewer charge.
The District Secretary is hereby appointed as the recipient, tabulator and validator of written protests; the District Secretary may at his or her discretion retain the services of a third party to assist him or her with receipt, tabulation and validation. DSRSD Policy Page 2 of 4 Policy No.: Policy Title: Proposition 218 Receipt, Tabulation and Validation of Written Protests
Receipt of Written Protests 1. Any record property owner or tenant-customer of a parcel receiving a property-related service desiring to submit a written protest shall submit that written protest to the District Secretary. Protests may be submitted by personal delivery, the U.S. Postal Service, or other delivery services addressed to the District Secretary at 7051 Dublin Boulevard, Dublin, CA 94568. Written protests submitted in this fashion should note on the envelope “Protest of Proposed Charge” so as to help ensure proper handling when received by the District. Protests may also be submitted electronically, either in the form of a .pdf document attached to an email addressed to the email address provided in the notice of the proposed charge, or by fax sent to the fax number provided in the notice of the proposed charge. 2. The deadline for receipt of hand-delivered protests shall be the close of the public comment period at the Board meeting at which the rate decision is made. 3. The deadline for the receipt of mailed protests, delivered protests or electronically sent protests (fax, .pdf documents, etc.) shall be 5:00 p.m. on the date of the Board meeting at which the rate decision is made). Postmarks or other indications of the date on which the protest was sent to the District will not be accepted as evidence of timely delivery. 4. Any protest not received by the District before the deadlines identified above, whether or not placed in the mail or electronically transmitted prior to the deadline, shall not be counted. 5. A valid protest must be in writing and:
o Identify the affected property by either assessor’s parcel number, street address, or customer account number;
o Identify the name of the record property owner or tenant-customer; o Clearly state that the transmittal is a protest to the proposed charges; o Identify what proposed charges are being protested; and o Bear the original signature of the record property owner or tenant-customer. In the case of electronically delivered protests, a scanned signature of the property owner or tenant- customer will be accepted, subject to later verification if necessary as described below. 6. Only one protest will be counted per parcel served by the District. For a parcel of which there is a single owner and a single tenant-customer, only one protest will be counted, even if protests are received from both the property owner and tenant-customer. For a parcel owned by more than a single record owner, or occupied by more than one tenant-customer, or both, each record owner DSRSD Policy Page 3 of 4 Policy No.: Policy Title: Proposition 218 Receipt, Tabulation and Validation of Written Protests
and each tenant-customer may submit a written protest in accordance with this policy, but only one protest will be counted for that parcel. 7. The protest may not be altered or withdrawn by anyone other than the signatory. Any person who submits a protest may withdraw it by submitting to the Secretary of the District a written request (in any of the formats specified above) that the protest be withdrawn before the deadline for receipt of the original protest. The withdrawal of a protest shall contain the same information as specified above for a valid protest. 8. Unless and to the extent that the person submitting the written protest waives, in writing, the right to have his or her personal information withheld from disclosure, protests received by a public agency pursuant to Proposition 218 are currently not subject to disclosure because Government Code section 6254.16 bars the disclosure of personal information about utility customers, and because the requirements of Proposition 218 can be met without disclosing such information1. Accordingly, all protests received by the District, except those that state on the face of the protest that the protestant waives the right to have his or her personal information withheld from disclosure, shall be maintained in confidence and will not be open to public review.
Tabulation of Written Protests 1. When directed by the Board and after the latest deadline for receipt of protests, the District Secretary shall complete the tabulation of all protests received and shall report the results of the tabulation to the Board of Directors upon completion. 2. If tabulation of the protests received demonstrates that the number received is less than one-half of the parcels served by the District with respect to the charge which is the subject of the protest, then the District Secretary shall advise the Board that there is an absence of a majority protest, and, therefore, there is no need to determine the validity of each individual written protest. For the purposes of this provision, all protests will be presumptively assumed to be validly submitted. 3. If tabulation of the protests received demonstrates that the number received is greater than one-half of the parcels served by the District with respect to the charge which is the subject of the protest, then the Secretary of the District shall advise the Board that a validation of the protests is required and when that validation will be completed. In conducting such validation, the District Secretary
1 Morgan v. Imperial Irrigation District (2014) 223 Cal.App.4th 892, 920-922. DSRSD Policy Page 4 of 4 Policy No.: Policy Title: Proposition 218 Receipt, Tabulation and Validation of Written Protests
may, in his or her discretion, require that the original of a written protest submitted electronically be produced in order to verify the original signature is genuine.
Validation of Written Protests 1. A majority protest exists if valid protests are timely submitted and not withdrawn by the record owners or tenant-customers of a majority of the parcels subject to the proposed charge, a majority being equal to greater than fifty percent (50%). 2. In the event there is an apparently successful majority protest, the District Secretary, or his or her designated representative, shall determine the validity of all protests. The District Secretary shall not determine as valid any protest if the District Secretary determines that any of the following conditions exist:
o The protest does not contain all of the information specified above; o The protest was not received prior to the deadlines identified above; o A request to withdraw the protest was received prior to the deadlines identified above; or o The protest was altered by someone other than the record property owner or tenant- customer whose signature appears on it. 3. The District Secretary’s determination that a protest is not valid (or does not apply to a specific charge) shall constitute a final action of the District subject to appropriate judicial review.
H:\Board\Policies Current\Proposition 218 Receipt Tabulation And Validation Of Written Protests.Docx POLICY Dublin San Ramon Services District
Policy No.: P100-12-3 Type of Policy: Board Business
Policy Title: Proposition 218 Receipt, Tabulation and Validation of Written Protests Policy Defines guidelines for receiving, tabulating and validating written protests Description: of proposed changes to utility charges
Approval Date: June 19, 2012 Last Review Date: 20122015
Approval Resolution 28-12 Next Review Date: 20162019 No.:
Rescinded N/A28-12 Rescinded N/ASeptember 1, 2015 Resolution No.: Resolution Date:
It is the Policy of the Board of Directors of Dublin San Ramon Services District:
When notice of a public hearing with respect to a sewer service or water rate has been given by the District pursuant to Proposition 218 (Section 6 of Article XIII D of the California Constitution), that the following shall apply:
The District and its Board of Directors welcome and will consider input from the community at any time, including during the public hearing on the proposed charges. However, in accordance with Proposition 218, as described herein only valid written protests that are timely received will be counted as formal protests of a proposed water or sewer charge.
The District Secretary is hereby appointed as the recipient, tabulator and validator of written protests; the District Secretary may at his or her discretion retain the services of a third party to assist him or her with receipt, tabulation and validation. DSRSD Policy Page 2 of 4 Policy No.: P100-12-3 Policy Title: Proposition 218 Receipt, Tabulation and Validation of Written Protests
Receipt of Written Protests 1. Any record property owner or tenant-customer of a parcel receiving a property-related service desiring to submit a written protest shall submit that written protest to the District Secretary. Protests may be submitted by personal delivery, the U.S. Postal Service, or other delivery services addressed to the District Secretary at 7051 Dublin Boulevard, Dublin, CA 94568. Written protests submitted in this fashion should note on the envelope “Protest of Proposed Charge” so as to help ensure proper handling when received by the District. Protests may also be submitted electronically, either in the form of a .pdf document attached to an email addressed to the email address provided in the notice of the proposed charge, or by fax sent to the fax number provided in the notice of the proposed charge. 2. The deadline for receipt of hand-delivered protests shall be the close of the public comment period at the Board meeting at which the rate decision is made. 3. The deadline for the receipt of mailed protests, delivered protests or electronically sent protests (fax, .pdf documents, etc.) shall be 5:00 p.m. on the date of the Board meeting at which the rate decision is made). Postmarks or other indications of the date on which the protest was sent to the District will not be accepted as evidence of timely delivery. 4. Any protest not received by the District before the deadlines identified above, whether or not placed in the mail or electronically transmitted prior to the deadline, shall not be counted. 5. A valid protest must be in writing and: o Identify the affected property by either assessor’s parcel number, street address, or customer account number; o Identify the name of the record property owner or tenant-customer; o Clearly state that the transmittal is a protest to the proposed charges; o Identify what proposed charges are being protested; and o Bear the original signature of the record property owner or tenant-customer. In the case of electronically delivered protests, a scanned signature of the property owner or tenant- customer will be accepted, subject to later verification if necessary as described below. 6. Only one protest will be counted per parcel served by the District. For a parcel of which there is a single owner and a single tenant-customer, only one protest will be counted, even if protests are received from both the property owner and tenant-customer. For a parcel owned by more than a single record owner, or occupied by more than one tenant-customer, or both, each record owner DSRSD Policy Page 3 of 4 Policy No.: P100-12-3 Policy Title: Proposition 218 Receipt, Tabulation and Validation of Written Protests
and each tenant-customer may submit a written protest in accordance with this policy, but only one protest will be counted for that parcel. 7. The protest may not be altered or withdrawn by anyone other than the signatory. Any person who submits a protest may withdraw it by submitting to the Secretary of the District a written request (in any of the formats specified above) that the protest be withdrawn before the deadline for receipt of the original protest. The withdrawal of a protest shall contain the same information as specified above for a valid protest. 8. Unless and to the extent that the person submitting the written protest waives, in writing, the right to have his or her personal information withheld from disclosure, protests received by a public agency pursuant to Proposition 218 are currently not subject to disclosure because Government Code section 6254.16 bars the disclosure of personal information about utility customers, and because the requirements of Proposition 218 can be met without disclosing such information1. Accordingly, all protests received by the District, except those that state on the face of the protest that the protestant waives the right to have his or her personal information withheld from disclosure, shall be maintained in confidence and will not be open to public review.
Tabulation of Written Protests 1. When directed by the Board and after the latest deadline for receipt of protests, the District Secretary shall complete the tabulation of all protests received and shall report the results of the tabulation to the Board of Directors upon completion. 2. If tabulation of the protests received demonstrates that the number received is less than one-half of the parcels served by the District with respect to the charge which is the subject of the protest, then the District Secretary shall advise the Board that there is an absence of a majority protest, and, therefore, there is no need to determine the validity of each individual written protest. For the purposes of this provision, all protests will be presumptively assumed to be validly submitted. 3. If tabulation of the protests received demonstrates that the number received is greater than one-half of the parcels served by the District with respect to the charge which is the subject of the protest, then the Secretary of the District shall advise the Board that a validation of the protests is required
1 Statement of Decision of Imperial County Superior Court in Morgan v. Imperial Irrigation District (2014) 223 Cal.App.4th 892, 920-922No. ECU04936 (June 16, 2011). DSRSD Policy Page 4 of 4 Policy No.: P100-12-3 Policy Title: Proposition 218 Receipt, Tabulation and Validation of Written Protests
and when that validation will be completed. In conducting such validation, the District Secretary may, in his or her discretion, require that the original of a written protest submitted electronically be produced in order to verify the original signature is genuine.
Validation of Written Protests 1. A majority protest exists if valid protests are timely submitted and not withdrawn by the record owners or tenant-customers of a majority of the parcels subject to the proposed charge, a majority being equal to greater than fifty percent (50%). 2. In the event there is an apparently successful majority protest, the District Secretary, or his or her designated representative, shall determine the validity of all protests. The District Secretary shall not determine as valid any protest if the District Secretary determines that any of the following conditions exist: o The protest does not contain all of the information specified above; o The protest was not received prior to the deadlines identified above; o A request to withdraw the protest was received prior to the deadlines identified above; or o The protest was altered by someone other than the record property owner or tenant- customer whose signature appears on it. 3. The District Secretary’s determination that a protest is not valid (or does not apply to a specific charge) shall constitute a final action of the District subject to appropriate judicial review.
H:\Board\Policies Current\Proposition 218 Receipt Tabulation And Validation Of Written Protests.Docx Agenda Item 9A
Reference Type of Action Board Meeting of General Manager Discuss and Provide Direction September 1, 2015 Subject Review and Discuss Drought Management Program Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff B. Michalczyk Board Member
Recommendation:
The General Manager recommends the Board of Directors receive comments from the public related to the District’s Drought Management Program, discuss those as appropriate and, by Consensus, provide appropriate direction to staff and/or Board Committees for follow-up or action at this or a future Board meeting.
Summary:
On May 19, 2015 the Board updated the District’s Drought Management Program by taking various actions that will run through the end of the State of Community Drought Emergency on February 29, 2016. The elements of the current program include the following: • Extended the Community Drought Emergency; • Established Water Use Curtailment Goals; • Adopted Water Use Limitations; • Adopted Penalties and Enforcement Provisions; • Adopted Water Shortage Rate Stage 2; • Approved a Wise Water User Credit for FYE 2016; • Approved an Enhanced Rebate Program (amended on June 16, 2015); • Endorsed the FYE 2016 Drought Response Action Plan; and • Approved budget amendments for FYE 2016 related to Drought Management Activities.
The various aspects of the Drought Management Program affect all customers of the District in various ways. To be as open and transparent as possible, the Board wishes to allow the public an opportunity to address the Board on the various aspects of the Drought Management Program in a manner that can lead to a productive outcome. The public may always address the Board under the “Public Comment” portion of the Board agenda. However, for public comment made at that time, the Board is precluded from having substantive discussions in response to the public comment received. This agenda item allows the Board to engage in a substantive discussion of issues that may be raised by the public and also to provide staff or a Board Committee appropriate direction related to the Drought Management Program in a timely fashion. This item will be a standing item on the Board agenda throughout the duration of the Community Drought Emergency which is currently scheduled to expire on February 29, 2016.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Not Required B. Michalczyk Executive
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $0 A. 1. B. 2. 3. H:\Board\2015\09-01-15\9A Review of Current Drought Managagement Plan\9A Review of Current Drought Management Plan SR.docx Agenda Item 9B
Reference Type of Action Board Meeting of General Manager Accept Reports and Make Finding September 1, 2015 Subject Accept Water Supply and Demand and Drought Response Action Plan Status Reports and Find that the Need for the Community Drought Emergency Still Exists Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff B. Michalczyk Board Member
Recommendation:
The General Manager recommends the Board of Directors, by Motion, (a) accept the Water Supply and Demand Report and the Drought Response Action Plan Status Report, and (b) find that there still exists a need for continuing the Community Drought Emergency.
Summary:
On May 19, 2015 the Board extended the State of Community Drought Emergency through February 29, 2016. The Board directed the General Manager to inform the Board, on a monthly basis while the State of Emergency remains in effect, of: • Developments regarding the water supply available to Zone 7 and the District; • The water demand in the District’s service area and in the Tri-Valley; • Operational issues encountered or anticipated to be encountered related to the effect of the limited water supply on the District’s water system; • Pertinent policy level decisions made at the local, regional and state level related to the drought; and • Other information relevant to the continuing need for the State of Community Drought Emergency.
The Water Supply and Demand Report, included as Attachment 1, provides the requested information and is the basis for the Board’s finding of a continuing need for the State of Community Drought Emergency.
In addition, when the Board endorsed the Drought Response Action Plan, it directed that a monthly status report be prepared documenting activities undertaken on the various aspects of the Drought Response Action Plan and the results achieved; Attachment 2 provides that information.
This item is regularly presented at the second Board meeting of the month. Due to the cancellation of the August 18, 2015 Board meeting it is being presented for consideration at this meeting.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Not Required B. Michalczyk Executive
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $0 A. 1. Water Supply and Demand Report B. 2. 2015 Drought Response Action Plan Status Report 3. H:\Board\2015\09-01-15\9B Drought Response Action Plan\Drought Response Action Plan SR.docx ATTACHMENT 1 to S&R WATER SUPPLY AND DEMAND REPORT
The information in this Water Supply and Demand Report is current through July 31, 2015.
SUMMARY AND BACKGROUND
During the month of July there have been no further significant positive or negative developments (as discussed in depth below) that would be reason to repeal or modify the current State of Community Drought Emergency. As such, the continuation of the State of the Community Drought Emergency is warranted.
On May 19, 2015 the Board extended that State of Community Drought Emergency through February 29, 2016. The Board also directed the General Manager to inform the Board, on a monthly basis of each calendar month that the Declaration remains in effect, of:
1. Developments regarding the water supply available to Zone 7 and the District; 2. The water demand in the District’s service area and in the Tri-Valley; 3. Operational issues encountered or anticipated to be encountered related to the effect of the limited water supply on the District’s water system; 4. Pertinent policy level decisions made at the local, regional and state level related to the drought; and 5. Other information relevant to the continuing need for the State of Community Drought Emergency.
This report satisfies that direction for the month of August 2015 (report complete through July 2015) and serves as the basis for the Board’s consideration of the continued need for the State of Community Drought Emergency.
1 - DEVELOPMENTS REGARDING THE WATER SUPPLY
There have been no significant changes, positive or negative, to the water supply situation during the month of July.
In terms of the supply, Water Year 2015 began on October 1, 2014 and nine months of data is now available. The following is a summary of the most hydrological information available as of July 31, 2015. A seven year historic summary of this same information is presented in Table 1 below. Table 2 presents a month by month summary for the current water year showing how the situation evolved over the course of the winter season.
Precipitation. WY 2015 Northern Sierra precipitation for the Water Year 2015 remains well below average through July at 75% of normal for this point in the year in the Sacramento and Feather River basins where our water supply physically originates. It is very unlikely there will be any significant change in this data for the remainder of the year.
Page 1 of 23 Forecast Precipitation. The National Weather Service’s Climate Prediction center is forecasting an equal chance of either above or below normal precipitation through the end of the water year (September 30). However, it must be cautioned that average precipitation during this time frame is minimal.
Snowpack. Snowpack (really snow water content) is non-existent at this time of the year in the Northern Sierra. As of April 1 (the traditional date of maximum snowpack, the value stood at 5% of average).
Reservoir Storage. Lake Oroville is filled to only 33% capacity and is 45% of what it would normally be at this time of the year.
Unimpaired Runoff. As of May 1, DWR’s final projection of unimpaired runoff in the Sacramento River watershed is 40% of normal.
Water Year Type. DWR is currently classifying the water year as “Critical” in terms of unimpeded runoff from the Sacramento River watershed.
Drought Conditions. The United States Drought Monitor presents the drought situation in the western United States. This Drought Watch factors in not only precipitation but also includes temperature, soil moisture and evaporative potential due to wind. The Drought Monitor upgraded its classification for the District’s service as being in a state of “Extreme Drought” (the second worst category). The Drought Monitor categorizes 71.1% of the entire State of California remains in either Exceptional Drought or Extreme Drought Conditions and 99.8% of the State in some degree of drought conditions. The District’s service area is categorized as being in Extreme Drought conditions meaning that there will be major crop/pasture losses; widespread water shortages or restrictions.
DWR Allocation. On March 2, 2015 DWR increased projected allocations to its contractors from 15% to 20%. An allocation of 20% would be the second lowest allocation in the project’s history; the 5% allocation in 2014 being the worst.
Zone 7 Supply. The District has submitted its “normal” supply request for Calendar Year 2015 to Zone 7. Zone 7 has not yet acted on that request. However, in action taken by the Zone 7 Board on April 15, Zone 7 stated that it was lifting its Stage 2 Actions previously approved by the Board since Zone 7 can meet 100% or requested deliveries in 2015, there is no imminent threat of losing a major water supply source and the same objectives are being met through statewide mandates. However, as of the end of July, no response to the District’s water delivery request for 2015 (made in August 2014) has yet been received.
Delta Outflow. The Sacramento River Delta has been in “balanced” conditions since March 16, 2015 which was the earliest date in history that the Delta went into balanced conditions. Under “balanced”” conditions the amount of water entering the State’s river systems essentially equals the minimum amount of outflow that is needed to prevent salt water from entering the Delta. Under “balanced” conditions DWR and Page 2 of 23 others may be required to discharge water from reservoirs in order to maintain a sufficient amount of outflow to the ocean. “Balanced” conditions can be used to limit or prevent water transfers.
Possible Water Transfers. On November 19, 2014 the Zone 7 Board conceptually approved a water exchange with Contra Costa Water District on 2,500 AF for 2015 and separately approved the Fifth Amendment to the Yuba Accord which has yielded an average of about 550 AF per year for the past several years. Through the end of July no actual water transfers have been completed by Zone 7.
The District, EBMUD and the Yuba County Water Agency (YCWA) approved agreements for the transfer of a net of 1,275 AF of water to the District’s service area. Zone 7 initially objected to the transfer but subsequently removed their opposition to the transfer and in its place expressed their “enthusiastic support” for DSRSD’s transfer. The transfer was unable to be completed in the spring of 2015 because of (a) the Delta being in “Balanced” conditions and (b) and the United States Bureau of Reclamation’s refusal to process the Environmental Assessment and the associated Warren Act contract to allow the transferred water to move through the Folsom South Canal.
Staff from EBMUD and DSRSD have opened preliminary discussions regarding possible water transfers for 2016 and beyond.
2 - WATER DEMAND
There have been no significant changes, positive or negative, to the water demand situation during the month of July.
Water demand (really water furnished to District customers) is monitored on a weekly basis. The SWRCB acting on Governor Brown’s 25% Statewide curtailment allocated 12% curtailment to DSRSD. The declaration of the District’s Community Drought Emergency calls for system wide water use curtailment of twelve percent (12%) overall with five percent (5%) coming from indoor curtailment and twenty five (25%) from outdoor curtailment as compared to the same period in calendar year 2013.
Annual Demand. Since the beginning of 2015 the District’s service area has used 4,224 AF of water as compared to 6,322 AF used during the same period in 2013; this represents an overall system wide curtailment of 33.2%.
Actual Usage vs. Zone 7 Delivery Allocation. Since Zone 7 has not approved the DSRSD delivery request for 2015 but stated that it can make 100% deliveries while at the same time supporting the Governor’s call for conservation this metric will not be tracked this year.
Gallons per capital per day. The District monitors this metric on a monthly basis as of the end of each calendar month as part of monitoring our 20% by 2020 mandated usage. During the month of July 2013 (2013 is used because it is considered to be the Page 3 of 23 “baseline” year) the District delivered water at a rate of 182 gpcpd while in July 2015 the rate was only 92 gpcpd representing a 49.3% reduction. On a “residential use alone” basis water use in July 2013 and 2015 were 89.8 and 59.3 gpcpd, respectively representing a 34.0% usage reduction.
Tri-Valley Wide Demand. The following information has been abstracted from the SWRCB website related to how the Tri-Valley water agencies are performing during the drought; the latest data that is available on that website is through the end of June, 2015. DSRSD data from the same source is shown for comparison purposes and because of the way the results are calculated by the SWRCB the results below may not exactly agree with DSRSD generated data presented elsewhere in this report.
SWRCB Data Cal Water Livermore Pleasanton DSRSD Residential per Capita Water Use (gallons per person per day) Jan 2015 58 66 64 45 Feb 2015 53 63 62 57 Mar 2015 73 83 89 44 Apr 2015 73 92 80 59 May 2015 80 83 93 61 June 2015 89 100 95 60 2015 vs. 2013 System Wide Water Use Reduction (Percent) Goal 24% 20% 24% 16% Jan 2015 12.1 0.0 -3.2 6.3 Feb 2015 23.2 6.0 13.9 17.4 Mar 2015 30.5 18.6 25.8 21.4 Apr. 2015 35.0 32.4 35.0 31.4 May 2015 50.0 44.3 46.2 42.5 June 2015 48.9 41.5 47.5 42.9
3 - OPERATIONAL CONDITIONS
There were no significant long term changes, positive or negative, to operational conditions during the month of July.
Reservoir storage is the single most critical operational parameter that the District monitors during the Community Drought Emergency to ensure adequate reserves for health and safety and fire-fighting purposes. However, there are other operational challenges related to which of the five existing turnouts Zone 7 will deliver water given various constraints that arise from operating with very limited amounts of surface water.
Water Quality Issues: When Zone 7 resumed operating the Del Vale WTP following the first SBA outage on June 20, the first batch of surface water they produced did not contain a sufficient level of chlorine and the residual chlorine concentration in Zone 7’s Dougherty Reservoir plummeted. As a result, water delivered to DSRSD through Turnout No. 2 contained abnormally low levels of chlorine, which caused a
Page 4 of 23 number of water quality problems primarily in Western Dublin. Five positive coliform samples resulted, and staff was forced to begin adding sodium hypochlorite at several reservoirs and flushing at hydrants in an effort to draw chlorinated water into the distribution system. These activities continued until July 3, when Zone 7 was finally able to boost the chlorine concentration in the water they were sending to Dougherty Reservoir, and the chlorine concentration in the water delivered through Turnout No. 2 returned to normal.
Reservoir Storage. The District’s water system is designed to provide adequate fire suppression flows with a minimum of 6.30 MG in storage, the system-wide standard operating criteria for public health and safety. Minimum storage levels during 2015 are presented below:
Minimum Month Date Time Comment Volume January 2 12:00 noon 6.06 MG Below standard February 28 10:00 am 6.84 MG March 2 11:00 am 7.01 MG April 4 12:00 noon 7.20 MG May 5 11:00 pm 9.64 MG June 15 8:00 am 10.04 MG July 18 1:00 pm 11.74 MG
System storage dropped below the minimum of 6.30 MG on two occasions during January 2015, both for short periods of time and were due to the difficulty of operating the system using only two turnouts (described in more detail below), coupled with staff’s efforts to manage storage during the winter months while maintaining acceptable water quality. Too much water in storage can result in water that loses chlorine so water quality suffers, and too little in storage can result in low pressures and not having enough water to meet demands.
System Operation during 2015 Drought Emergency. Since early 2014 DSRSD has been receiving potable water only through turnouts No. 2 (Stagecoach Road) and No. 5 (Fallon Road). Turnouts No. 1 (Dougherty Road) and No. 4 (Arnold) remain out of service at the request of Zone 7. Turnout No. 3 (Camp Parks) is intended for emergency use only and normally is not in service. This change allowed Zone 7 to reduce the pressure in their western loop from about 90 PSI to about 70 PSI in order to increase the maximum flow Zone 7’s wells can produce by about 400 GPM. In addition, Zone 7 is allowing Dougherty Reservoir to “float” off their transmission system. To date the District has been able to move sufficient amounts of water from the two turnouts to each of the District’s pressure zones, although as noted above the minimum quantity in storage has dropped below the system-wide standard operating criteria for health and safety briefly on two occasions, and both occurred during January 2015. Zone 7 plans to continue operating the western loop at the lower pressure, and they are evaluating adding pumping capacity at several Retailer turnouts in order to accommodate this as a long term operating strategy. Page 5 of 23 4 - PERTINENT POLICY DECISIONS
In June, the SWRCB adjusted the District’s target conservation lever downward from 16% to 12%. This is not significant enough to warrant changes to either the District’s Drought Management Plan or its declaration of its State of Emergency.
2014 Policy Decisions Still in Effect. Since early 2014 there have been many policy level decisions made at the local, regional, State and Federal levels as have been identified in earlier versions of this report during Water Year 2014. Key decisions that remain in effect include: • U.S. Dept. of Agriculture declared Contra Costa and Alameda Counties natural disaster areas due to drought; • The Zone 7 Water Agency directed the local water supply retailers and untreated water customers to assure a 25% total reduction with 5% coming from indoor curtailment and 50-60% from outdoor curtailment, and adopting mandatory conservation measures to achieve these reductions (apparently rescinded by Zone 7 on April 15, 2015); • The District declared a State of Community Drought Emergency and extended that through June 30, 2015; • The City of Dublin declared a Local Drought Emergency; • The City of Pleasanton approved an urgency ordinance amending their water conservation plan as needed to protect the immediate threat of the potentially significant drought to preserve public health and safety; • The City of Livermore declared a Stage 3 drought emergency; and • Governor Edmund G. Brown proclaimed a Continued State of Emergency in the State of California and ordered that California residents should refrain from wasting water, specifying many practices that waste water and directing urban water suppliers to implement drought response plans to limit outdoor irrigation and other wasteful water practices.
2015 Policy Actions. The following policy actions have been taken in 2015: • Pleasanton took formal action to suspend enforcement of its water use curtailment restrictions on January 20, 2015; • Zone 7 has stated that they will not approve the District’s water supply request for 2015 until at least April; and • On April 1, 2015 Governor Brown issued an Executive Order extending the State of Emergency due to the drought through February 28, 2016 and ordering mandatory statewide water use reductions of 25%; • On April 15, 2015 Zone 7 lifted its Stage 2 Actions previously approved by the Board since Zone 7 can meet 100% or requested deliveries in 2015, there is no imminent threat of losing a major water supply source and the same objectives are being met through statewide mandates; • On April 21, 2015 The City of Pleasanton took the following actions: o Continued the local emergency drought declaration; o Maintained Stage 3 mandatory water reductions of 25%; and
Page 6 of 23 o Reinstated excessive water use penalties for customers who do not achieve 25% reduction of water use (2015 vs. 2013). • On May 5, 2015 the SWRCB established water use reduction targets for Tri-Valley agencies as follows: o DSRSD 16% (subsequently reduced to 12% - see below) o Pleasanton 24% o Livermore 20% o Cal Water 24% • On May 19, 2015, the District conformed its Drought Management Plan to the SWRCB requirements and extended the State of Community Drought Emergency through February 29, 2016. • On June 1, 2015 the SWRCB adjusted DSRSD’s conservation target downward from 16% to 12%
Water Supply Uncertainties. There also remains a great deal of legal and regulatory uncertainty about the reliability of water supplies from the Sacramento-San Joaquin Delta. This uncertainty develops due to interwoven legislation, regulation, legal actions and basic hydrology of the Delta. This situation has existed in some form for several decades but has become particularly critical in recent years. It is very likely that the uncertainties will continue for at least several years into the future. Attachment A to this report provides specific information about what is driving the various legislative, regulatory and legal uncertainties related to the Delta water supply.
5 - OTHER RELEVANT INFORMATION
There is no other relevant information, positive or negative, to report at this time.
Page 7 of 23 ATTACHMENT 1 to S&R WATER SUPPLY AND DEMAND REPORT
TABLE 1 TABULAR SUMMARY OF HISTORIC HYDROLOGICAL AND WATER SUPPLY CONDITIONS1 WY2007 WY2008 WY2009 WY 2010 WY 2011 WY 2012 WY 2013 WY 2014 Precipitation2 75% 73% 93% 107% 145% 80% 85% 62% Snowpack3 52% 101% 89% 126% 165% 74% 49% 23% Oroville Storage 101% 90% 59% 78% 135% 115% 92% 49% (% of Normal) Oroville Storage 62% 55% 38% 50% 86% 99% 79% 31% (% of Capacity) Unimpaired Runoff Percent of Normal 53% 58% 64% 84% 138% 63% 64% 39% Year4 Water Supply Index Critical Critical Dry Below Normal Wet Below Normal Dry Critical Water Delivery Allocation DWR to State Water 60% 35% 40% 50% 80% 65% 35% 5% Cont. Statewide and Regional Conservation CA Short Term ---- 20% Strongly encourage conservation and minimal use 20% CA Long Term --- 10% per capita reduction target by 2015; 20% per capita reduction mandate by 2020 25% Overall Zone 7 ---- Voluntary 10% 5% Inside 50-60% Outside DSRSD CONSERVATION SUMMARY Pre SB 7X7 Methodology Target Voluntary 10% Stage I- Vol. 20% % Achieved5 2.4% 4.5% 13.8% 21.1% 21.5% 26.8% Post SB 7X7 Methodology SB 7x7 Baseline 204 2015 Target 183 2020 Mandate 163 UWMP Prediction 138 143 Actual 126 107
1 Unless noted, data shown is for end of the Water Year shown. 2 Percent of Normal; 8 Station Northern Sierra for the water year 3 Percent of Normal; Northern Sierra Average as of April 1 which is historically peak snowpack for the year 4 Runoff in percent of average year for Sacramento River watershed 5 Expressed on a per account basis with the baseline year (July 06 to June 07 for WY 2007 through 2012.
Page 8 of 23 ATTACHMENT 1 to S&R WATER SUPPLY AND DEMAND REPORT
TABLE 2 TABULAR SUMMARY OF HYDROLOGICAL AND WATER SUPPLY CONDITIONS FOR WY 20156 Oct 2014 Nov 2014 Dec 2015 Jan 2015 Feb 2015 Mar 2015 Apr 2015 May 2015 June 2015 July 2015 Aug 2015 Sept 2015 Precipitation7 108% 75% 129% 86% 88% 76% 74% 70% 74% 75% Snowpack8 No Data No Data 48% 14% 17% 5% 3% 0% 0% 0% Oroville Storage 46% 42% 62% 62% 70% 66% 61% 52% 48% 45% (% of Normal) Oroville Storage 28% 26% 39% 41% 49% 51% 50% 44% 39% 32% (% of Capacity) Projected Unimpaired Runoff Expected 9 No Data 74% 92% 65% 60% 51% 48% 40% 40% 40% Chance of Normal No Data 25% 33% 20% Nil Nil Nil Nil Nil Nil Projected Type of Water Year WY Classification No Data Dry Below Norm. Critical Critical Critical Critical Critical Critical Critical Water Delivery Allocation DWR Allocation No Data No Data 10% 15% 15% 20% 20% 20% 20% 20% Adopted Statewide and Regional Conservation Targets 20% voluntary curtailment as compared to CA Short Term Statewide 25% mandatory curtailment vs 2013 with DSRSD required to achieve 12%. Also, specific water use prohibitions in place 2013; with specific water use prohibitions CA Long Term 10% per capita reduction interim target by 2015 and 20% per capita reduction mandated by 2020 April 16, 2014: Zone 7 declared a drought emergency within its service area and established April 15, 2015: Zone 7 lifted its Stage 2 water shortages actions while stating its support for Zone 7 curtailments at 25% system-wide (5% indoor curtailment and 50-60% outside curtailment) the extended statewide emergency and water conservation efforts and continued its local and adopted various mandatory prohibitions state of emergency. DSRSD CONSERVATION SUMMARY10 May 5, 2014: declared Stage 3 Drought Emergency and set target curtailment May 5, 2014: Extended Drought Emergency and set target curtailment consistent with SWRCB (12% overall; 5% indoors and 25% outside – all DSRSD Stage consistent with Zone 7 (25% overall; 5% as 2015 as compared to 2013). Note initially was 16% and adjusted downward by SWRCB in June to 12% for DSRSD indoors and 50-60% outside – all as 2014 as compared to 2013) SENATE BILL 7X7 CONSERVATION REQUIREMENTS (gpcpd system wide) Baseline 204
6 Data shown is current as of the last day of the month shown 7 Percent of Normal at this time of year; 8 Station Northern Sierra 8 Percent of Normal at this time of year; Northern Sierra Average 9 Projected water year runoff in percent of average year for Sacramento River watershed 10 Values shown are in gallons / person / day on a total system basis for the month shown excepting “Residential Only” which is Residential Use / No. Residents
Page 9 of 23 TABLE 2 TABULAR SUMMARY OF HYDROLOGICAL AND WATER SUPPLY CONDITIONS FOR WY 20156 Oct 2014 Nov 2014 Dec 2015 Jan 2015 Feb 2015 Mar 2015 Apr 2015 May 2015 June 2015 July 2015 Aug 2015 Sept 2015 2015 Target 183 (10% reduction) 2020 Mandate 163 (20% Reduction) UWMP Projection 143 for CY 2014 146 for CY 2015 ACTUAL PER CAPITA WATER USAGE System Wide 93.0 75.8 66.8 73.6 72.7 79.1 82.6 84.0 93.2 92.4 Res. Only 70.6 59.4 61.7 45.4 64.1 44.4 62.1 61.3 62.7 59.3
Page 10 of 23 ATTACHMENT 1 to S&R WATER SUPPLY AND DEMAND REPORT
ATTACHMENT A LEGAL AND REGULATORY ISSUES
SIGNIFICANT CHANGES SINCE THE LAST REPORT ARE HIGHLIGHTED
DELTA PLANNING
Bay Delta Conservation Plan: The Bay Delta Conservation Plan (BDCP) was designed to be a planning process for meeting the requirements of endangered species laws and achieving the co-equal goals of (1) conservation and management of the Delta’s ecological functions and (2) improving current water supplies and the reliability of Central Valley Project (CVP) and State Water Project (SWP) water deliveries. Significant opposition to the Plan and the process has been voiced by residents and entities from Delta and Central Valley communities, and by some state and federal water contractors which question who will pay for water for wildlife refuges and for environmental uses under the BDCP, as well as who will pay for construction and operations costs of any conveyance facilities. In July 2012, the state and federal governments announced their joint commitment to a proposed BDCP that would include two gravity-fed tunnels with a diversion capacity of 9,000 cubic feet of water per second (cfs), each of which would be 40 feet in diameter and 35 miles long, plus restoration of 113,000 acres of freshwater marsh, 50,000 of which would be restored in the next 15 years. Estimates said the tunnels would take at least 10 years to build, result in excavation and the need to dispose of 7 million cubic yards of “tunnel muck,” and cost an estimated $24.5 - 28 Billion to construct and operate the conveyance facility as well as fund the mitigation and adaptive management for the 50-year implementation period. Estimates indicates that 60 - 70% of that cost would be paid by water users (and approximately 60% of that amount would be paid by SWP contractors), with the balance coming from a variety of state and federal sources. Construction costs for the 9,000 cfs dual-bore tunnel were estimated at $14.5 Billion, but since that estimate was based on a 10% design, the draft BDCP said that the actual construction costs could be 50% higher or 25% lower than that number. On December 19, 2014, the Department of Water Resources (DWR) announced that the tunnel plan was being revised to eliminate the 3 large intake pumps on the Sacramento River near Hood and Walnut Grove, and instead to put a new pump station near the end of the tunnels, adjacent to Clifton Court Forebay. In other words, when river conditions will not allow the water to flow under the Delta via gravity alone, the water will now be pulled across the Delta from the south, rather than pushed from the north.
The draft BDCP and draft EIR/EIS were released for public comment on December 9, 2013; the comment period was extended twice, and closed on July 29, 2014. The draft documents were more than 41,000 pages. Approximately 11,000 individual comments were received, including about 9,000 “standardized” letters from people organized by a group opposed to the BDCP. DWR’s current schedule remains vague, especially since they announced on August 27 that the document would be “partially recirculated” in early 2015. The general scope of the recirculated document was announced on December 19, but no schedule for its release was provided. Intended beneficiaries do not yet fully know what benefits they can anticipate, and federal agencies have given no indication if or when they will do a feasibility analysis that is required before federal funds for the implementation of the BDCP could be appropriated. Current estimates are that only about 25% of CVP contractors would actually receive any water supply benefits if the project is fully implemented. The principal unknown is how the new system would be operated, which will determine water supply, water quality, and fisheries impacts. Fisheries
Page 11 of 23 agencies suggested that current science requires high flows through the Delta and to the sea; such flow requirements would mean that future exports would be less than what contractors currently receive. Export contractors – especially irrigation entities -- are hoping to see far lower flows for fish and water quality protection so that farmers and ranchers can avoid having to pay large amounts of money for less water. In July 2013, federal agencies submitted comments on the administrative draft EIR/EIS which raised numerous difficult issues; some commentators suggested that the federal fisheries agencies believe the proposed project was not “permittable” under the Federal Endangered Species Act (FESA). The interplay between state and federal fisheries agencies and the CVP and SWP will be critical to ultimate governmental determinations concerning the proposed project. One month after the comment period on the Draft EIR/EIS closed, the US EPA sent a 43-page letter to the U.S. Fish & Wildlife Service asserting that as proposed, the BDCP would violate federal standards under the Clean Water Act, and the letter was viewed by many participants in the BDCP process to be a major setback. A recent addition to the list of interagency issues concerns the 1986 Coordinated Operations Agreement (COA), which was intended to ensure that the SWP and CVP each receives its share of available Delta water, and carries its fair share of obligations such as water releases for Delta water quality. Over time, the relative proportion of water available for CVP exports has deceased in an unanticipated amount, while the relative proportion of export water going to the SWP has increased in a similarly unanticipated amount, and the SWP has been carrying a much smaller water quality burden. Some analyses show the imbalance totaled as much as 400,000 AF per year of export water in past years, and both Reclamation and some federal export contractors (primarily in the San Joaquin Valley) want that imbalance corrected and the COA renegotiated before beginning to consider how any BDCP operations criteria will be determined, and even whether the US can be a partner in the BDCP. Renegotiation of the COA after 30 years would be very controversial, would entail CEQA and NEPA documentation and consideration under the state and federal Endangered Species Acts, and may need Congressional action.
The key question for many water agencies has been their forecasted share of the costs burdens for the proposed project. If a project is ultimately approved and implemented, the earliest construction could begin is 2017 (engineering work to date is only at the 10% level), and the earliest date for operation of the new conveyance would be 2027. Largely because there is not yet an approved project, to date there are no firm funding commitments for the costs of construction or operation of the proposed facilities. Entities both inside and outside the “water community” have raised questions about project financing and cost-sharing. On November 14, 2014, the State Treasurer’s Office released a new report on financing of the BDCP tunnels, and estimated that SWP contractors would be expected to pay $248 – 322/AF for the water they are entitled to receive under their SWP contract. CVP contractors which benefit from the tunnels would be expected to pay $345 – 367/AF. The report said that these amounts are expected to be required on a “take-or-pay” basis – i.e., the annual payment would be required regardless whether any water is received. On Dec. 10, DWR held the initial negotiation session with the SWP contractors concerning amendments to their contracts to cover funding for the BDCP.
On April 30, 2015, Governor Brown announced a new approach to the BDCP, separating the upgrade of Delta water conveyance (i.e., the tunnels) from ecosystem restoration. The revised tunnel project, and related mitigation, will be called “WaterFix;” the previous co-equal habitat restoration goal will be separated into a new program called “EcoRestore,” and reduced in size and scope The US Department of Interior expressed initial support for the new approach. A “Partially Recirculated Draft EIR/ Supplemental Draft EIS” for the tunnels project was issued on July 9. A 45-day comment period was announced, starting on July 17, when the Federal Register notice of a proposed NEPA analysis will be published, and ending on August 31. Two 4-hour public meetings were held regarding the draft, in Sacramento on July 28 and in Walnut Grove on July 29. On July 22, the comment period was extended
Page 12 of 23 by 60 days, to October 31. The EcoRestore effort is aimed at achieving 30,000 acres of fish and wildlife habitat restoration in the next 3 to 4 years, at a projected cost of at least $300 Million, $130 Million of which is anticipated to be needed between 2015 and 2018. SWP and CVP contractors are expected to pay those costs. Other than separation of the goals, the principal difference from the BDCP is that efforts to obtain 50-year permits from fisheries agencies are being abandoned. Tunnels proponents admit that the security of 50-year permits was not achievable, so they are now pursuing a more traditional approach of seeking shorter-term regulatory approvals and permits. Some potential beneficiaries of the project believe that the shorter-term permits and approvals for the project will mean that they will get less assurance of improved water supply reliability. One significant concern in this regard is that the operational criteria and parameters for the revised project are totally unknown, as is the potential interrelationship to Delta flow criteria that will stem from the anticipated new Water Quality Control Plan that the SWRCB is required to produce under the Clean Water Act. DWR now estimates that costs for the tunnel and related facilities will be $15.5 Billion, to be paid by at least some of the SWP and CVP contractors, presumably in some form of proportion to the project’s relative water supply benefits to SWP and CVP contractors. While the BDCP originally was to include export pumps located near Sacramento, the revised proposal calls for the pumps to be solely in the south Delta. DWR says the revised project is expected to reduce adverse impacts on Delta water quality, but critics dispute those assertions. It is currently anticipated that DWR and USBR will file a water rights application for the proposed project late this summer or in the fall, seeking changes in the points of diversion permitted for the SWP and the CVP.
Delta Stewardship Council’s Delta Plan and EIR: The 2009 legislative package that included the Delta Reform Act tried to address long-standing issues about Delta planning and the possibility of insuring water supply reliability and simultaneously reaching the co-equal goal of restoring/enhancing the Delta ecosystem. At the heart of this measure was establishment of the Delta Stewardship Council and a mandate that it develop a Delta Plan and the necessary environmental analysis by December 31, 2011. The goal of the Plan was to provide guidance to state and local agency actions to meet the coequal goals. (That statutory deadline was not met.) On May 16-17, 2013, the Council adopted the Delta Plan, certified the completion of the EIR, and approved the process for implementing the regulations. The adopted Plan contains 14 policies, which the Council has attempted to turn into legally enforceable state regulations. No substantial action based on the Plan will happen very quickly, and the EIR has been the subject of substantial criticism from all sides. Numerous parties, including the State Water Contractors, filed 7 lawsuits in three different Counties; the cases were all coordinated and assigned to the Sacramento Superior Court. The suits are challenges to the Plan, arguing that it is not consistent with the 2009 legislation because it does not achieve the co-equal goals of Delta ecosystem restoration and water supply reliability, and challenging the regulations. Those cases are all pending, as one coordinated proceeding; the final round of briefs was filed May 21, 2015.
The Delta Plan called for adoption of Delta flow objectives by June 2014; implementation measures to reach those objectives would then be analyzed and recommended to the SWRCB in approximately one year after that. The SWRCB started the process for setting those objectives, in conjunction with its triennial review of the Water Quality Control Plan for the Delta (WQCP), and indicated that it would seek to set flow objectives for five “primary tributaries to the Bay-Delta” by June, 2018. However, the heavy workload the SWRCB is facing due to the current and continuing drought has slowed that schedule. This effort will inevitably be controversial, since an earlier and non-precedential SWRCB decision related to flow objectives established criteria that would dedicate between 50% and 75% of the available flows in the Delta to in-stream uses, which would result in drastic cutbacks in water available for export.
Page 13 of 23 On December 31, 2012, the SWRCB released its proposed revisions to flow requirements (plus a 2000-page environmental analysis) for the San Joaquin River and 3 tributaries (Merced, Stanislaus, and Tuolumne Rivers), which featured establishment of a threshold of 35% of the unimpaired flow of the tributaries to be set aside for Delta protection. Historically about 20% of unimpaired flow in those rivers reached the Delta. Water users and water rights holders on those rivers are vigorously resisting implementation of that threshold, arguing that it would result in a supply cut of 15% in average water years, and up to 50% in dry years. The SWRCB began a hearing on San Joaquin flows on March 20, 2013. A “final” version of the WQCP objectives and environmental impact analysis was issued in May, but the SWRCB has now postponed any action on this still-controversial subject until an as-yet unknown date. Some Central Valley legislators have introduced legislation to require the State to study the potential adverse impact on groundwater if diversions from the three rivers have to be reduced in spring months.
In the 2014 drought, the SWRCB curtailed diversion of water under many water rights (including some very senior rights to divert from the Delta and some of its tributaries), and began to analyze the diversion of water by farmers and agricultural water districts in the Delta region. Renewed curtailments have begun, and to date curtailments of at least 5,740 water rights have been ordered in 2015, including some unprecedented curtailments of diversions under very senior water rights dating back as far as 1858 in at least one watershed. On July 9, Sacramento Superior Court Judge issued a temporary restraining order intended to keep the SWRCB from enforcing curtailment orders for several entities that directly divert water from the Delta. A hearing on a preliminary injunction was held on July 30, and the Judge dissolved the restraining order and refused to issue an injunction because of revisions the SWRCB had made to its notices to holder of water rights that are subject to curtailment. The newly appointed Delta Watermaster has led an effort to achieve an open dialog among the many parties regarding in-Delta water diversions and use, in an effort to quiet the previously high degree of animosity between in-Delta water users and the export community, but the curtailment orders have made that difficult. Each of those subjects is essentially unprecedented in California, and further illustrates the difficult challenges to water management in general, but in particular in the Delta.
LEGISLATION
2014 Water Bond: The November 2009 water legislation package passed on to the voters the question of whether to authorize issuance of $11.14 billion in General Obligation bonds, for which debt service payments of about $700 million per year would have to come from the State’s General Fund. The bond issue was to be on the November 2010 ballot, but the Legislature subsequently passed a bill delaying the election to 2012, largely because of the state’s precarious financial situation. On August 13, 2014, the Legislature adopted AB 1471, the Water Quality, Supply, and Infrastructure Improvement Act of 2014; the vote was 77 – 2 in the Assembly and 37 – 0 in the Senate. 33 senators were either authors or co- authors of the bill, which was signed by the Governor. It replaced the 2009 bond measure, and called for voter approval of $7.545 Billion in new general obligation bonds. It appeared on the November ballot as Proposition 1, and had elements calling for new surface and groundwater storage, regional reliability, sustainable groundwater management and cleanup, water recycling and conservation, watershed protection, and safe drinking water, especially for disadvantaged communities. Prop. 1 was supposed to be “tunnel-neutral,” and called for spending up to $2.7 Billion on new surface or groundwater storage; surface storage projects that could meet the criteria in the measure include the proposed new Sites and Temperance Flat Reservoirs, and a further expansion of Los Vaqueros Reservoir. 67% of the voters voted for the bond, in a resounding victory. Significant efforts are now underway to develop the procedures and schedule for funding of projects based on passage of the new bond
Page 14 of 23 measure, and it is already obvious that there will be intense competition for the available money. In March 2015, the Legislature approved and the Governor signed a bill appropriating $1.060.5 Billion for “local drought relief and infrastructure projects to make the state’s infrastructure more resilient to extreme weather events.” About 26% of the total is expected to be available for drinking water quality, water recycling, and desalination projects.
Groundwater Legislation: Governor Brown signed a package of bills in 2014 which will for the first time require a degree of oversight of groundwater production in California – all other western states have some form of such legislation already. The major thrust of the bills is to require that local entities in each of the several hundred groundwater basins begin now to draft, approve, and implement a plan for achieving sustainability of the local groundwater resource (i.e., essentially, an end of over-drafting) by 2040. The legislation is not expected to have significant impact in the Tri-Valley area, but may be of considerable significance in the Central and Salinas Valleys over time.
Federal Drought Relief Legislation: Throughout 2014, efforts were made in both houses of Congress to pass drought relief legislation, but the efforts stalled. Since the mid-term election, renewed efforts in the Senate suggested that Senator Feinstein’s bill might move forward in the waning days of the current Congress, but in November she decided to await the commencement of the new Congress and to try again. Closed-door meetings on the legislation were called by Sen. Feinstein in late January, but only with a few Democratic members of Congress. The major proponents of the legislation have been irrigation interests in the San Joaquin Valley, led by Westlands Water District. Senators Feinstein and Boxer introduced the California Emergency Relief Act of 2015 on July 29; it includes over $1 Billion for immediate assistance to drought-stricken communities, plus provisions intended to promote, facilitate, and help finance storage, desalination, recycling and conservation. The bill has so had a good reception, but it is dramatically different from legislation being considered in the House. A much more aggressive bill was passed in the House, and Pres. Obama’s administration indicated that if a bill in that form reached him, it would be vetoed. The House of Representatives is now considering HR 2898, introduced on June 25 by Congressman David Valadao with co-sponsorship by all Republican California members of the House, calling for more water and relaxation of regulatory limits on exports. On July 8, Congressman Jared Huffman and over 30 California Democratic co-sponsors introduced the Drought Relief and Resilience Act as the Democratic response to the Valadao bill. The deep partisan divide between Republican and Democratic members of the California Congressional delegation, and the differences in thinking between legislators from the Central Valley as opposed to those from coastal areas, are significant factors affecting water-related legislative efforts.
State Drought Relief Legislation: In addition to taking the unprecedented action of ordering mandatory water conservation by urban users, on June 24 Gov. Brown signed legislation to allow water retailers to fine customers who violate locally-imposed drought rules up to $10,000, in lieu of the current statutory limit of $500. The bill also streamlines environmental review and permitting processes for some local water supply projects, especially those with minimal adverse environmental impacts. In contrast, a bill to streamline the review process for two proposed large new reservoirs (Sites and Temperance Flat) was rejected by a key Assembly Committee. Another provision of the signed bill would allow the SWRCB to force the consolidation of public water systems if a system fails to provide an adequate supply of safe drinking water. This provision was opposed by a broad range of associations representing utilities, cities, counties, and LAFCOs.
DELTA ECOSYSTEM ISSUES
Page 15 of 23 Delta Smelt and Salmonid Species: Federal litigation concerning the interaction of the Federal Endangered Species Act (FESA) and NEPA with the operations of the CVP and SWP has dominated all considerations of Delta water export operations in the last few years. Most of that litigation has concerned the balance between water exports and the need to restrict or limit exports in an effort to protect Delta smelt and a variety of salmonid species. For salmonids, litigation challenging the Biological Opinion was decided by the 9th Circuit US Court of Appeal in December, 2014, and the Court upheld the BiOp as having been based on sound science. For Delta smelt, a trial court decision overturning the BiOp was reversed by the 9th Circuit in a 2 – 1 decision on March 13, but the Court held that Reclamation must complete additional NEPA documentation on certain actions before accepting the smelt BiOp. There is still some uncertainty as to the practical effect of that aspect of the rulings, but in the meantime, Delta operations are being managed in accordance with both BiOps, while the federal fisheries agencies are working on new ones under court-established deadlines (12/1/15 for smelt and 4/30/16 for salmon). On January 12, petitions by San Joaquin Valley growers, the State Water Contractors, and Westlands Water District asking the US Supreme Court to take the smelt case and invalidate the smelt BiOp were denied. In a second smelt case, on December 22 the 9th Circuit unanimously reversed another trial court decision which had found the BiOp invalid. In still another smelt-related case, the 9th Circuit ruled that environmental groups could challenge federal renewals of 41 long-term water service contracts for contractors in the Sacramento and San Joaquin Valleys, and the U. S. Supreme Court refused to take that case; the litigation will proceed, and the contracts remain in jeopardy.
The 2014 fall mid-water trawl, conducted for the 46th year in 2014 and one of the key scientific indicators of the abundance of critical fish species, showed that the four species of greatest concern were at near-record lows; in particular, Delta smelt were at the lowest year on record. Since the decline of pelagic organisms (i.e., aquatic species that feed in the middle of the water column) such as Delta smelt, began in the Delta in 2002, the smelt index has ranged from a high of 151 to a low of 4 (it was 7 in 2008 and 2013), as compared to values that were occasionally greater than 1000 in prior years). The population indices used to track 4 key fish species have declined by 95.6% to 99.8% since the trawl began in 1967. The combination of record low precipitation and fish-related operations restrictions made export operations particularly difficult for 2014, and limited the use of cross-Delta water transfers and recovery of water in groundwater banks that might otherwise have been available to assist in areas dependent on Delta export pumping. 2015 to date has involved similar and even greater operational difficulties. As of January 7, export pumps had “taken” (i.e., killed) 72% of the Delta smelt they were originally allowed to take during the water years; on January 9 the US F&WS increased the take limit by more than 150%. Mid-water trawls only found 6, 1, and 8 Delta smelt in March, April and May, respectively; some biologists assert that the species is “near-extinction,” but the State’s fisheries experts are not yet ready to reach that inference. In June, 2015, trawl-based the index for Delta smelt was 0.018 (which rounds to 0). July results were essentially the same.
An equipment malfunction led to incorrect information being relied upon concerning water temperatures in Shasta Reservoir this spring, resulting in premature release of up to 120,000 AF of water. The CVP and SWP are trying to conserve as much cold water as possible in Shasta now, in an effort to prevent further damage to or possible extinction of at least one Sacramento River salmon species. To do so, they are releasing more water than would otherwise be the case from Oroville and Folsom reservoirs. The SWRCB has now relaxed some streamflow requirements to allow the CVP and SWP to conserve more cold water in storage rather than release it for water quality and fisheries protection; in 2014, 95% of the winter run, 98% of fall run, and virtually all of the spring run of Chinook salmon were determined to have died due to elevated water temperatures. The SWRCB has -adopted a revised water temperature management plan to try to avoid or limit the potentially disastrous impacts
Page 16 of 23 on salmonids. There is concern among the project operators about their ability to maintain good Delta water quality; e.g., there may be difficulty in avoiding violation of the 250 mg/l standard at Rock Slough; the last time that standard was threatened was in 1977, when DWR installed a special pumping plant on Woodward Island and used EBMUD’s No. 1 Aqueduct to convey Middle River water across two Delta islands to improve water quality in Rock Slough, from which water is pumped into the Contra Costa Canal. The temperature control efforts at Shasta are putting considerable strain on Folsom Reservoir, which is down to about 28% of capacity and releasing about 3,000 AF/day. Projections are that the Reservoir will level off at about 12% of capacity, or 120,000 AF. However, “worst case scenario” modeling projects a late 2015 capacity of 4% (40,000 AF). The City of Folsom, Folsom Prison, Roseville, and some American River communities can only receive water if the Reservoir is above 80,000 AF, so a floating pump station is now being built in the Reservoir by Reclamation.
Construction of three temporary stream barriers has been authorized in the Delta to try to improve water operations and quality in spite of the drought conditions. Construction of the West False River Barrier, located about 5 miles northeast of the town of Oakley and intended to reduce the adverse impacts of salinity intrusion into the central Delta, began on May 6 and was complete by May 29. The barrier is scheduled to be removed in November. If successful, the barrier will reduce the salinity levels experienced at the SWP, CVP, and CCWD intakes, but is causing difficult water level and navigation problems in some Delta channels, and contributing to poor water quality in parts of the south Delta.
LOCAL WATER SUPPLY CONTRACTS
State Water Project Contract: On May 1, 2013 DWR began what was originally planned to be three months of public negotiations with the SWC on contract amendments to the contract term and on certain financial provisions of the current basic water supply contract between DWR and each member of the SWC. DWR wants to issue 30-year bonds for its debt financing, but there are only 20 years left on the present contract. DWR urged a 40-year extension, but some of the SWC argued that it should be 75 years. DWR uses revenue bond financing for capital improvements and upgrades of existing systems; in recent years it has sold as much as $200 Million in such bonds per year, and it estimates that it needs $2.5 Billion to repair, restore, and strengthen existing infrastructure. DWR also estimates that the BDCP improvements would require the SWC to pay another $10 Billion, and the current contract negotiations would put the necessary financial accounting and oversight mechanisms in place for that as well. Negotiations over an 11-month period culminated in Agreements in Principle (AIP) on March 8, 2014; one or more agreements to express the AIP were drafted, and the parties met again on June 18 in an effort to complete the AIP. By July 15, 26 of the 29 SWP contractors had indicated they would sign the AIP. DWR will conduct an environmental review process for an amendment to the SWP Contract, which is now anticipated to take from September 2014 through an indefinite date in 2016. The Notice of Preparation for the anticipated EIR was issued on Sep. 12, two scoping meetings were held on Sep. 23, and the scoping period for receipt of public comments ended on Oct. 13. Numerous environmental and fisheries groups filed critical comments during the scoping period. Once the EIR is certified, public contract negotiations are expected to commence in late 2016 or early 2017. The proposed amendment needs to be reviewed in the Legislature, but does not need legislative approval. Under the AIP, if adopted as the parties have tentatively agreed, the amendments would extend the current SWP contracts by 50 years, to 2085. Three Sacramento Valley SWP contractors (Butte and Plumas Counties, and Yuba City) want the new contract to expressly provide for them to opt out of the costs associated with the BDCP’s conveyance facilities, but that issue has been set aside now pending separate negotiations on BDCP cost allocations among the SWP contractors. SWP North Bay Aqueduct (NBA) contractors (in Napa and Solano Counties) are also concerned about those facilities because the Draft
Page 17 of 23 EIR/EIS for the BDCP indicates that it would have an unavoidable significant adverse impact on water quality in the NBA, which may require relocation of the NBA intake at a preliminarily estimated cost of $510 Million.
BBID transfer to Zone 7: Since 1995, an important part of Zone 7’s water supply portfolio has been an annual transfer of up to 5,000 AF of Delta water to Zone 7 from Byron Bethany Irrigation District (BBID). On December 14, 2012, DWR told BBID that the transfer was being made without DWR’s consent, and that the water had to be “repaid” to DWR. Both BBID and Zone 7 vigorously objected to DWR’s position and resisted the demand that Zone 7 “repay” any previously transferred water. Zone 7 received no water from BBID in 2014 and will receive none in 2015. Zone 7’s 2015 Annual Review of Sustainable Water Supply projects that no water will be received from BBID in the foreseeable future. In 2014, BBID received about 1,700 AF of supplemental water via a pilot transfer agreement with CCWD (between August 28 and the end of October, resulting in a reduction in storage in Los Vaqueros of approximately 60 AF/day). The SWRCB-approved transfer was made possible because CCWD could rely on water stored in Los Vaqueros rather than diverting from the Delta, and BBID was allowed to divert what would otherwise be CCWD’s water from its diversion point on the intake channel to the SWP’s Banks Pumping Plant. Without this transfer, much or perhaps all of the Byron area in eastern Contra Costa County would have been out of water entirely this fall due to curtailment of its diversion rights. 500 AF may similarly be transferred in 2015 under a one-year extension of the pilot agreement; the necessary water rights petitions were filed on May 22, 2015; initial diversions took place in the week of August 3.
WATER SUPPLY RELIABILITY IMPROVEMENT EFFORTS
Regional Activities: Numerous discussions of a variety of water transfers, interties, and cooperative arrangements are underway, involving water agencies throughout the Bay Area region and in the Central Valley; e.g., Zone 7, CCWD, and EBMUD are discussing a possible link between CCWD facilities (which have a 100 million gallon per day (mgd) intertie with EBMUD’s Mokelumne Aqueduct) and Bethany Reservoir, the forebay for the South Bay Aqueduct (SBA). Numerous 2015 transfer arrangements are under discussion or being implemented among irrigation agencies and individual farmers, with purchase prices expected to range as high as the 2014 peak published price of $3,000 per AF (in Kern and Madera County). Metropolitan Water District’s Board has authorized spending up to $71 Million to purchase up to 100,000 AF of north-of-Delta transfer water in 2015, but it is unlikely that much water will be available. In some San Joaquin Valley agricultural areas, a fairly robust private water transfer market exists, with farmers and orchardists paying prices between $1,600 and $2,600 per AF; the high market prices that tree and vine crops now sell for makes this short-term spot market viable.
CCWD’s Los Vaqueros Expansion Project (LVE) was completed in 2012, and the Reservoir currently holds about 98,000 AF. Due to the reduced allocation of CVP water, CCWD is now withdrawing about 120 AF/day from LV storage. It filled at a rate of about 300 AF/day during a hydrologic window of opportunity which lasted about 10 days in March. The ability to quickly react to such opportunities has become increasingly important in the protracted drought. Federal and state agencies are leading a study effort to consider a further expansion of the Reservoir, and numerous water agencies have signed an updated Memorandum of Understanding (MOU) continuing those studies through 2016, including Zone 7, the other South Bay Aqueduct agencies (ACWD and SCVWD), EBMUD, and the San Luis and Delta Mendota Water Authority. Other entities, including BBID and East Contra Costa ID, may also consider joining. . A cost-sharing MOU is being negotiated now between CCWD and USBR concerning the environmental documentation for the project. Federal legislation was introduced in 2014 by Congressmen Costa and Miller which would have expedited expansion of the Reservoir; it called for a
Page 18 of 23 phased approach, including near-term agreements to lease storage space in the existing 160,000 AF Reservoir, construction of a proposed $200 Million pipeline to Bethany Reservoir to provide water directly to the South Bay Aqueduct (water that would not have to go through the SWP’s Banks Pumping Plant, and that would be diverted through existing state-of-the art fish screens), and further expansion of the storage capacity to 275,000 AF. State funds for the studies were also provided for in Prop. 1. Congress did not act on the legislation before the end of the previous session. Environmental documentation and endangered species coverage has already been completed for each of these proposed projects. Federal and state studies dating back to the 1960’s indicated that the Los Vaqueros site could accommodate a reservoir with as much as 1 million AF of storage capacity. CCWD and ECCID sought to implement a long-standing agreement regarding a water transfer of about 1,500 AF this year, but DWR refused to exercise the statutory discretion it has (and has used multiple times in the past) to permit the transfer to occur.
In January, 2013 the Boards of Directors of EBMUD and CCWD accepted principles of agreement for a new partnership arrangement concerning LVE, and a demonstration project under which 5,000 AF of EBMUD water would be stored in the reservoir for up to 5 years took place. (Under a separate agreement, EBMUD also wheeled about 1,600 AF of CCWD’s CVP water to CCWD between July 17 and 24, 2014, and a similar arrangement could be made for the summer or fall of 2015.) CCWD reached a similar understanding with ACWD on April 3, 2013 for a 1,000 AF pilot project, which was expanded to 5,000 AF in 2014 due to the drought; that water was delivered to ACWD (via the SBA between mid-July and September 1, 2014. This transfer was approved by the SWRCB and required the cooperation and coordination of Reclamation and DWR. CCWD was able to forego diversion of a similar amount from the Delta because it is able to rely on storage in Los Vaqueros. The Zone 7 Board approved a similar one- year demonstration project on November 19, 2014, and both ACWD and Zone 7 will each receive up to 2,500 AF in 2015; the transfer was approved by the SWRCB on Jan. 20, 2015. On February 25, 2014, the EBMUD Board agreed to exercise an option to buy up to 20,000 AF of water from the Placer County Water Agency (PCWA) in 2014, and diverted the first 5,000 AF in April, at a price of $75/AF. EBMUD chose to not exercise the option to take another 15,000 AF of PCWA water, and the water was purchased instead by Westlands Water District, which bought a total of 35,000 AF from Placer for $325/AF; none of the SBA contractors apparently expressed interest in buying that water. In 2014, EBMUD also purchased 16,800 AF of CVP water under its 1970 water service contract, and diverted that water via its Freeport facilities – the initial use of that contract and facilities in that manner. About 230 to 250 AF/day were delivered to EBMUD’s San Pablo Reservoir and Upper San Leandro Reservoir. Those operations were necessary because the treatment plants that draw water from those reservoirs are “full treatment” plants that can adequately handle Sacramento River water; EBMUD’s other principal treatment plants (Orinda, Lafayette, and Walnut Creek) are in-line filter plants which can only treat EBMUD’s higher quality Mokelumne River water. On April 15, 2015, EBMUD began pumping about 270 AF/day at Freeport, and that water is now being used to fill San Pablo and USL reservoirs, as happened in 2014. The rate of diversion has been slowed to about 180 AF/day in response to reaquests from DWR and USBR related to their efforts to maintain Delta water quality at a very difficult time, especially with Shasta Reservoir releases being throttled back to conserve cold water. Importation of CVP water allows EBMUD to slow the rate at which it used its Mokelumne River supply; as a result Pardee Reservoir is currently 84% full and their key local reservoirs are 76% full, but there is no snowpack, runoff is predicted to be very low (among the 5 lowest years on record), and EBMUD’s rights to divert water from the Mokelumne River have now been curtailed by the SWRCB. Overall, EBMUD imported almost 23,400 AF of supplemental water from non-Mokelumne River sources between April and July, 2014. In 2015, in addition to its purchase and importation of 33,250 AF of CVP water, EBMUD is buying about 11,000 AF from two Sacramento Valley CVP contractors, about 12,000 AF of additional transfer water from PCWA,
Page 19 of 23 and about 3,000 AF from a rice farming company in the Colusa area. Its previously Board-approved purchase of about 10,000 AF from Glenn-Colusa ID will not happen because GCID does not have that much transfer water available. EBMUD’s announced goal is to buy 65,000 AF of supplemental water (i.e., CVP and transfer water) in 2015, so that it can keep its Freeport pumps in operation through mid- December. EBMUD’s Freeport facilities can be used to convey CVP water or water made available by Yuba County Water Agency (YCWA), PCWA, or other Sacramento Valley sources, but which cannot be delivered south of the Delta due to export restrictions at the DWR pumps; arrangements of this nature, especially if implemented jointly with CCWD, could provide supply and reliability benefits to numerous Bay Area water agencies. EBMUD’s Mokelumne River facilities were also used in 2013 to successfully convey 2,000 AF of transfer water from the Woodbridge Irrigation District (near Lodi) to CCWD. EBMUD has also renewed consideration of a conjunctive use idea with a number of entities in San Joaquin County, and has a MOU in place to begin a pilot program of wheeling north-of-Delta transfer water through Freeport to some of the entities that buy water at wholesale from San Francisco’s Hetch Hetchy system.
Many similar transactions happened in 2014 and will happen again this year as a result of the drought, and regulatory agencies (especially the SWRCB) have been very helpful due to the drought crisis. Another such transaction in 2014 involved a SWRCB-approved transfer of 10,000 AF from South Sutter Water District across the Delta to five SWP entities, four of which will receive their share of the transfer water through the Banks Pumping Plant. When water can be found north of the Delta, similar arrangements could conceivably be made to provide additional water that could then be pumped via the South Bay Aqueduct for the benefit of Zone 7 or the other SWP contractors on that Aqueduct, but a considerable amount of planning and negotiation is needed. Such efforts were quite successful for ACWD in 2014.
In 2014, Metropolitan Water District of Southern California increased subsidies it will pay to water retailers for their efforts to develop local water resources, including recycled water, desalination, and recovered groundwater. Previous subsidies were a maximum of $250/AF; on October 14, the MWD Board increased the maximum to $340/AF. In 2015, MWD also expanded its funding of turf removal by over $300 Million.
In anticipation of 2015 remaining dry, and Zone 7 again receiving a small proportion of its SWP water supply contract entitlement, DSRSD negotiated a water transfer with YCWA of up to 1,500 AF, to be delivered via EBMUD’s Freeport, Aqueduct, and local facilities, and via the federal Folsom-South Canal. The water was to be transferred in mid- to late April, stored by EBMUD, and made available for distribution to District customers in June through September. The many permits and approvals required for the transaction were pursued vigorously, with a great deal of work by DSRSD, EBMUD, and YCWA staff members. The transaction was also contingent on hydrologic conditions in the Delta being conducive to such a transfer in the latter half of April, but that did not happen. In addition, Reclamation refused to agree to the Warren Act contract that was needed for the water to be wheeled via the Folsom South Canal. District staff continues to work closely with YCWA and EBMUD in an effort to make it possible for a transfer of this nature to occur in the right circumstances in the future.
Prior to the current drought, about 33% of California’s water supply came from groundwater, but in 2014 it was up to 75%. A University of California study estimates that over 6 Million Af of groundwater will be pumped in 2015 to replace surface water, on top of about 5 Million AF in 2014, despite fallowing of what has been estimated to be as much as 900,000 acres of farmland. Record volumes of groundwater are now being pumped in the San Joaquin Valley, where farmers in Westlands
Page 20 of 23 Water District pumped over 650,000 AF in 2014. In the Tulare Lake Basin, current estimates are that the groundwater basin is being over drafted by 1-2 million acre-feet per year. As dry conditions persist, hundreds of new deep wells are being installed in the Central Valley, and the pumping of old and new wells is resulting in declining aquifers (by as much as 200 feet in one year in some areas) and land subsidence in an area that may be as large as 1,200 square miles. Many of these new wells are needed to irrigate hundreds of thousands of acres of permanent tree and vine crops that have been planted in recent years (in lieu of previous field crops like tomatoes and cotton) despite the lack of reliable and consistent imported water supplies. California now has over 860,000 acres of almond trees, as compared to about 400,000 acres in 1995, and since such trees need an average of 3 to 4 acre-feet of water per acre to survive, this increase in almond production has “hardened” annual demand for water in areas which used to be annual field/row crops or pasture (all of which could be fallowed in dry years; trees cannot). Despite the drought, California almond production was about 2.1 billion pounds in 2014, of which 80% was exported from the US, and almond orchards use 60% of the nation’s entire managed honeybee population for pollination. 2015 production is estimated at 1.85 to 1.9 billion pounds. In 1993 fruits and nuts represented about 29% of the State’s $19.9 billion agricultural economy; in 2013 the agricultural economy was $44 billion, of which 47.3 % was fruits and nuts. Statewide, dairy production is about 17% of the total agricultural economy, but Central Valley dairy production averages use of 5 to 6 AF/acre of land in dairy use. The acreage now in pistachio trees (approximately 300,000 acres) has probably doubled in the past 20 years, and is still expanding, but pistachio production is expected to be significantly reduce in 2015 due to drought conditions and limited available water. On July 15, 2014, a trial court judge in Sacramento issued an unprecedented decision holding that the “public trust doctrine,” which had previously only been applied to certain surface water resources, is also applicable to groundwater resources. If that decision stands up on appeal, it could have significant impact on utilization of previously unregulated and unmanaged groundwater resources in California.
Five local water entities (Zone 7, ACWD, CCWD, EBMUD and the SFPUC) and the WateReuse Foundation are participating in projects being funded by the Water Research Foundation to study the potential for Direct Potable Reuse (DPR). The projects began early in 2014 and support research needs of the California Department of Public Health for compliance with the statutory mandates of SB 918 (2010) to investigate the feasibility of developing regulatory criteria for protection of public health by 2016; as a result of this work, DPR could ultimately be permitted for groundwater recharge and/or for surface water augmentation.
San Diego Desalination: Construction of the plant and pipeline are now more than 80% complete, and the project is on schedule and under budget, on a 54 mgd desalination plant in San Diego County; the San Diego County Water Authority (SDCWA) views it as a new long-term reliable source of drinking water, and will be paying an estimated $1900 to $2200/AF to achieve that reliability and the concurrent reduction in demand for imported water. The key conveyance pipeline was finished in June, and “wet- testing” began in February. Operations are expected to begin in 2016, but first water deliveries will be in November 2015. A second such plant, with a production capacity of about 56,000 AFA, is nearing the end of the planning and permitting phase; it will be located in Huntington Beach if the planning and permitting processes can be successfully completed, and construction is projected for a possible 2018 completion date. Both of these desalination plants are sponsored by Poseidon Water and utilize engineering and technology techniques that were developed in Israel; the Huntington Beach proposal is being done in cooperation with the Orange County Water District. After adopting a report on the success of the City’s 2-year 1 mgd demonstration project, San Diego’s City Council acted in April 2013 to pursue implementation plans for a “water purification” project to augment City drinking water supplies with up to 15 mgd of purified wastewater that would be conveyed to San Vicente Reservoir to blend
Page 21 of 23 with stored Colorado River water. A 2013 public opinion poll indicated that 73% of the San Diego residents who were surveyed favored the project. Initial estimates are that the project would cost about $370 Million, and could eventually be expanded to 88 mgd. On November 18, 2014, the San Diego City Council approved the water recycling/purification project that will provide supplemental drinking water supplies of up to one-third of the City’s needs by 2035, for an anticipated cost of $3.5 Billion. The SDCWA has also recently completed a 152,000 AF storage addition to the City of San Diego’s 70-year old 90,000 AF San Vicente Reservoir, to increase reliability and emergency storage for that region.
Central Coast Desalination: On Sep. 23, 2014 the Santa Barbara City Council unanimously approved taking the first steps to reactivate the desalination plant that the City completed in 1992, but mothballed (and some parts sold) beginning in 1994. The work necessary to restore the plant to its original 5,000 AF per year capacity is estimated to cost $32 Million and be completed in 2017. Expanding the capacity by 50% would add another $28 Million. The two efforts together are estimated to result in a $14 to$20 per month increase in local water bills to City accounts.
OTHER WATER SUPPLY RELIABILITY AND UNCERTAINTY FACTORS:
Colorado River: Although it does not directly impact the District or Zone 7, a number of factors suggest that continuing uncertainty about southern California’s reliance on the Colorado River will increase. This spring the Colorado River system (as managed by Reclamation) has only about half the water that would be considered “normal.” The original 1922 allocation of Colorado River water (among 7 western states) was based on a short period of hydrologic history which was wetter than any period since then. The assumption then was that the River would yield 15 MAFA; the U.S. now believes that the actual yield is closer to 12 MAFA. Upper Colorado River Basin runoff was 94% of average for 2014, but the impacts of the last 14 years of dry conditions means that storage in Lakes Powell and Mead is still at a point where water deliveries to California are curtailed. Lake Powell is at 54% of capacity; Lake Mead is at 37% of its 26 MAF capacity and on June 23 reached the lowest surface elevation since the enormous Lake began filling in 1935 (but has risen by several inches since then). -- the lake level is over 135 feet below a full reservoir pool. The total combined storage in the two lakes at the end of October was the lowest since 1968, when Lake Powell was first being filled. As a result, southern California’s ability to rely on transfers from Imperial Irrigation District (IID) to San Diego (which gets 33% of its water from these transfers), or on full deliveries from the Colorado to the MWD is now less certain. As Colorado River supplies drop, Arizona and Nevada will experience cutbacks before California, and the first such cutbacks are expected to occur with regard to water delivered under the Central Arizona Project in 2016 or 2017. The complex set of agreements which resulted in transfers of Colorado River water from IID to San Diego requires IID to meet certain water conservation goals; this has proved to be difficult for IID, and the conservation programs are very controversial among its agricultural water users. MWD put over 2.7 MAF in storage in southern California in recent years, but approximately half of that has been used during the persistent drought. In the long run a reduction in Colorado River water tends to put added emphasis (i.e., water demand) on exports from the Delta to southern California. 2013 marked the worst 14 years of hydrologic history on the River since records have been kept; in contrast, in 2000, the combined storage in Lakes Mead and Powell was 95% of capacity. It should also be noted that in contrast to the extremely high prices being paid for water in the San Joaquin Valley, some farmers in the Coachella Valley and in Imperial County are paying as little as $20 - 40/AF for Colorado River water. In anticipation of further decline in the reliability of Colorado River supplies, Arizona adopted and refined its comprehensive groundwater management statutes in the 1980’s and 1990’s, and these laws are the basis for an extensive groundwater banking program. A new potentially complicating factor arose in
Page 22 of 23 August when approximately 3 million gallons of wastewater from a defunct gold mine in Colorado was accidentally released into the Animas River, which flows into the San Juan River in New Mexico and thence into to the Colorado upstream of Lake Powell. The contaminated water is heavily laden with several heavy metals, and the spill discolored the river for several hundred miles. It is not yet known what effect this incident might have on Colorado River water quality for the more than 35 million people who rely on it for drinking water.
H:\Board\2015\09-01-15\9B Drought Response Action Plan\Attachment 1 - Water Supply Demand Report.docx
Page 23 of 23 ATTACHMENT 2 to S&R DROUGHT RESPONSE ACTION PLAN STATUS REPORT
As of July 31, 2015
DROUGHT EXPENSE BUDGET (Fiscal Year 2016) No. Description Activities / Status Budget FYE 2016: $145,000 HC 1 FYE 2016 Actual FYE 2016: $ 15,461 Remaining Drought Budget: $129,539
EXEMPTIONS FROM WATER USE LIMITATIONS (Calendar Year 2015) No. Description Activities / Status 1 No. Requested 36 JY 2 No. Approved by Drought Coordinator 27 3 No. Denied by Drought Coordinator 9 4 No. Pending with Drought Coordinator 0 5 No. Appealed to Board 0 6 No. Approved by Board 0 7 No. Denied by Board 0 No. Pending with Board 0
ENFORCEMENT OF WATER USE LIMITATIONS (Calendar Year 2015) No. Description Activities / Status 1 No. Written Warnings Issued 66 HC 2 No. $250 Violations Issued 27 3 No. $500 Violations Issued 7 4 No. $1,000 Violations Issued 2 5 No. Flow Restrictors Installed 0 6 No. Service Shutoffs 0 7 No. Waivers Requested 11 JY No. Waivers Approved by Drought 8 11 Coordinator No. Waivers Denied by Drought 9 0 Coordinator No. Waivers Pending with Drought 10 0 Coordinator 11 No. Waivers Appealed to Board 0 12 No. Waivers Approved by Board 0 13 No. Waivers Denied by Board 0 14 No. Waivers Pending with Board 0
“DISTRICT AS AN ORGANIZATION” WATER USE CURTAILMENTS (Calendar Year 2015) No. Description Activities / Status DG But Comply with District-wide water use Potable irrigation at remote sites has been adjusted to be in shouldn 1 limitations at all District facilities compliance with District mandatory restrictions. ’t be Clean sewers with recycled water only All sewer cleaning is being done with recycled water, except changin 2 (except for SSO’s and emergencies) when responding to plug ups and other emergencies. g
Page 1 ATTACHMENT 2 to S&R DROUGHT RESPONSE ACTION PLAN STATUS REPORT
Cease all hydrant flushing (except for All routine hydrant flushing has been suspended, except for 3 critical areas with identified water quality problem areas with water quality concerns. problems)
MEDIA BASED PUBLIC OUTREACH (Calendar Year 2015) No. Description Activities / Status • KKIQ Live reporting at the Defeat the Drought event SS 8/1/15, inviting people and talking with Congressman Run appropriate on-air drought Swalwell regarding tips to defeat the drought awareness messages in coordination to • Regional meeting of Tri-Valley water agencies 1 the greatest extent possible with other 4/20/2015 to determine messages and schedules for Tri-Valley water agencies radio and TV ads regarding the drought. Pleasanton and DSRSD began running ads on KKIQ, July-Aug, 6-7am during the Power Shower Hour
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• 7/28/15 Media Advisory, Meet Congressman Swalwell and Defeat the Drought, generated 1 TV news story on NBC Bay Area and two pre-event news announcements. • 6/29/15 Dublin Recycled Water Fill Station Opens, generated 7 news stories • 6/18/15 Water District Websites, Champions for Change in Drought, generated 1 trade journal article • 6/3/15 Award $4.28M to Extend RW Pipes west of I-680, generated 4 news stories • 5/14/15 Board to Decide on 2015 Drought Management Program, generated 4 news stories; • 4/2/15 Governor Orders Statewide Mandatory Water Reductions, Tri-Valley Already There, generated 4 news stories; • 3/10/15 NR “DSRSD Securing Supplemental Water Supplies” generated print news (Tri-Valley Times (2), Produce appropriate print media drought Independent (2), Pleasanton Weekly, Marysville Appeal- awareness messages in coordination to Democrat (2), ACWA News), and online news in the 2 the greatest extent possible with other Dublin, San Ramon and Danville Patches. Tri-Valley water agencies • 2/13/15 NR, “Yes it rained, but the drought is still on! Keep your sprinklers off!” generated news in Tri-Valley Times and Dublin, San Ramon, Pleasanton and Danville Patches. • 1/12/15: NR, “DSRSD Cuts Water Use 24 Percent in 2014“ generated news on three TV stations (KPIX/CBS, KRON, and ABC7), five print media (Tri- Valley Times (2), Independent, Pleasanton Weekly, and ACWA News), and online news in Dublin, San Ramon, and Danville Patches. • 1/1/2015 to 6/30/2015 responded to 87 media inquiries regarding the drought which resulted in 102 news stories: San Francisco Chronicle, Contra Costa Times, San Jose Mercury News, Los Angeles Times, Tri- Valley Times, Pleasanton Weekly, Independent, Fresno Bee, Associated Press, Castro Valley Forum, local Patches (Dublin, San Ramon, Pleasanton), KCBS radio , KTVU Channel 2, CBS evening national TV news • Partnering with Pleasanton for the 6:00 a.m. to 7:00 SS Run appropriate on-line drought a.m. Power Shower Hour on KKIQ wherein they play awareness messages in coordination to song sets of 5 minutes and challenge listeners to finish 3 the greatest extent possible with other their showers before the end of the second song. Tri-Valley water agencies • DSRSD’s “Drought Watch” web page received 1,607 page views in July.
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NON-MEDIA BASED PUBLIC OUTREACH (Calendar Year 2015) No. Description Activities / Status SS • Early June, one page sent to water customers explaining Appropriate and timely direct mailers to limitations, Stage 2 water rates (less than Stage 3), 1 District customers on drought related violations and penalties. Late June, Wise Water User matters Credit letter sent to 1,103 water customers • 1/1--2/15 Insert in Bills, “The Drought is still on, Turn off your sprinklers —it’s mandatory” • 2/15-3/15 Notice on bill, “Automatic sprinklers off thru 3/31/15 • 4/1-5/15 Notice on bill, “Free AquaHawk Portal allows customers to track water use” • “Can use sprinklers once a week April & May” and “Free AquaHawk Portal allows customers to track water use” • 6/1/15 Notice on bill, “Water shortage rates decreased on 5/19/15 from Stage 3 to Stage 2” Appropriate and timely bill stuffers to • 7/1/15 Notice on bill, Water Shortage Rates 2 District customers on drought related decreased on 5/19/15 from Stage 3 to Stage 2. The matters Water Consumption charges on your bill are prorated accordingly, AND, The DSRSD Board adopted minor changes to mandatory water use limitations. Please read the brief summary on the back of this bill. Detailed information was mailed to all customers and is available online: www.dsrsd/com/drought • 8/1/15-9/1/15 Notice on bill, Thank you for continuing to help defeat the drought. See the brief summary of mandatory rules on water use on the back of this bill. Detailed information is available online: www.dsrsd/com/drought AND Are your trees dying of thirst? You can save water and save your trees! Learn how at www.saveourwater.com/trees • 1/7/15: KGO Radio tweeted their story, Dublin San Ramon Services District recycles its billionth gallon of waste water, faces extra demand in the drought. • DSRSD Tweet: NR 1/12/15, DSRSD Cuts Water Use 24 Percent in 2014; 1 retweet • DSRSD Tweet: 2/13/15 NR, Drought still on, keep sprinklers off! • DSRSD Tweet: 3/10/15 NR, DSRSD securing Appropriate and timely social media supplemental water, Tri-Valley Times tweeted related 3 messages on sites such as Facebook and story, 4 retweets Twitter • DSRSD Tweet: 3/17/15 NR, See how we recycled wastewater on a tour of the plant, 1 retweet • DSRSD Tweet: 4/2/15 NR, Governor Orders Statewide Reductions, We’re Already There • 4/10/15: Tri-Valley Times tweeted their story, Free water for lawns¸ 2 retweets • 5/10/15: Bay Keeper hydrologist Ian Wren tweeted, “Public going bonkers for @DSRSDnews recycled H2O”
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• DSRSD Tweet: 5/14/15 NR, Board to decide drought issues • DSRSD Tweet: 6/13/15 NR, Recycled water pipes coming to west Dublin, 3 retweets • DSRSD Tweet 6/16/15: Hiring fill station attendants, 1 retweet • DSRSD Tweet 6/22/15: Be mindful of weight in transporting recycled water • 6/26/15: DanvilleSanRamon.com tweeted their story and photo, Dougherty Valley excelling at water conservation per DSRSD report to SR Council • DSRSD Tweet 6/26/15: Second fill station opens in Dublin, 6/30/15, Pleasanton Weekly and DanvilleSanRamon.com tweeted stories with photos • 7 tweets regarding fill station hours • 5 Tweets regarding construction of purple pipes west of I680 • 85 Twitter followers thru July • 6/9-6/29/15: Recycled H2O blog mentioned and retweeted us 8 times • 7/6/15 – Guess Public Radio Audiograph (Residential RW Fill Station) • 7/8/15 – Hiring part-time Recycled Water Fill Station Attendants • 7/9/15 – Only accepting new users from inside our service area • 7/17/15 – Fill Station hours • 7/22/15 – 2,500 Users/12 million gallons of irrigation water distributed • 7/28/15 – NR – Meet Congressman Swalwell Defeat the Drought Expo • 7/29/15 – Defeat the Drought Expo graphic • Facebook, www.facebook.com/FreeRecycledWater: Daily Reach: 0-657 people; Daily Impressions: 0-1,349; Daily Engaged: 0-73 people; Lifetime Likes: 375 • 7/1/15 S. Stephenson spoke at Eden Housing regarding the drought and what they could do to save water. • 6/8/15 S. Stephenson spoke at American Water Works Appropriate and timely presence at Association conference on “The Drought is a Terrible 4 Community Events such as Farmer Thing to Waste: Totes, Apps & Fill Stations” Markets etc. • 3/14/15, “Oscar the Otter Says you Otter Save Water” and TV truck with drought message on side panel participated in St. Patrick’s Day Parade Appropriate and timely presentations to • City of Dublin June 16, 2015 5 local City Councils • City of San Ramon June 23, 2015
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• Renee Olsen spoke to City of Dublin Block Captain Academy (3/28/15) regarding emergency preparedness, Appropriate and timely meetings with especially in a drought 6 major public customers (School District, • Renee and Sue demonstrated the watershed diorama at Camp Parks, Alameda County, FCI etc) Live Oak Elementary School’s Community Services Day (4/22/15) • Stephenson spoke to PEO Philanthropic Education Organization (5/14/15) and Coldwell Banker’s Customer Appreciation Day (5.31.15) Appropriate and timely speaking • 7/1/15 S. Stephenson spoke at Eden Housing regarding 7 engagements with local community what they can do to reduce water use; also handed out groups Rotary, Lions, SIRS, HOAs, etc LIA applications (26 attended) • 3/11/15 S. Stephenson spoke at the Villa Paseo Rose Garden HOA Board meeting (12 attended) • 4/29/15 Stephenson spoke to FIIVA HOA PI staff worked with Congressman Eric Swalwell’s Chief of Appropriate and timely meetings with Staff, Tim Sbranti on three events: 1) Tour Geoffrey G. major public customers (City staff, school 8 Hansen Water Recycling Plant; 2) Meeting with districts, camp parks, alameda County, representatives from ten water agencies in District 15; 3) FCI, etc. Defeat the Drought Water Expo. All successful. Appropriate and timely direct mailing to • Sent a postcard to residential recycled water haulers to 9 targeted user groups on drought related ensure they are hauling water safely, within the rules. matters • Free “golden lawn” signs are available to residential Continue to make appropriate yard signs customers, availability added to website in June 10 available to customers; and • Many signs given away during 2014 • 61 currently on hand • 2/18/15 co-sponsored Water Wise Gardening Workshop with Armstrong Garden Center (12 participants) Coordinate with local businesses to jointly 11 • 3/7/15 Tri-Valley Water Agencies sponsored Water promote water conservation Conservation event at Home Depot in Livermore • 4/11/15 Tri-Valley Water Agencies sponsored Water Conservation event at Home Depot in Pleasanton
DIRECT CONSERVATION ASSISTANCE (Calendar Year 2015) No. Description Activities / Status The following water conserving devices were given to SS & SO customers in FY16 (the majority were distributed at the Swalwell/Defeat the Drought event): • 20 kitchen faucet aerators • 31 bathroom faucet aerators Continue small device give-away 1 • 51 showerheads programs • 6 toilet flappers (discontinued, best to buy flappers designed for specific toilet) • 56 toilet leak detection kits • 63 hose nozzles • 28 shower/faucet flow measurement bags
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• 1 audit for 2015 2 Conduct landscape water audits • Total paid out in FYE 2016 been $0 Distributed 1,525 Water Hero packets (which contain a do- 3 Make home water audit kits available it-yourself home water audit kit) to 61 classes of third graders in 12 schools in our service area 4/2014
ENHANCED REBATE PROGRAMS (Calendar Year 2015 except financial Info which is FYE 2016) No. Description Activities / Status 1 High Efficiency Toilet (HET) 37 rebates processed HC 2 Waterless Urinals None so far in 2015 3 High Efficiency Clothes Washer (HEW) 304 rebates processed Pool and Spa covers (to reduce 4 7 rebates processed evaporation) Weather Based Irrigation Controller 5 (“Smart Controller) - Single Family 3 rebates processed Homes Weather Based Irrigation Controller 6 (“Smart Controller) – Multi-Family None so far in 2015 Dwelling Lawn Replacement Program - Single 7 10 rebates processed Family Homes Lawn Replacement Program - Multi- 8 1 rebate processed Family or Businesses Budget FYE 2016: $20,000 Amount of District Rebates Issued (Fiscal 9 Actual FYE 2016: $ 3,260 Year) Remaining Rebate Budget: $16,740
EXPANDED RECYCLED WATER USE (Calendar Year 2015) No. Description Activities / Status The pipeline to Santa Rita Jail and other County facilities is RB Construct and place into operation complete and the site has been converted to use recycled 1 extensions to Alameda County properties water. Potable demand reduction is included under Item 6 in eastern Dublin below. Construction began June 29, as of August 6 approximately Construct and place into operation 4000 feet of pipe have been installed. Construction RB 2 extensions to District irrigation customers contract for onsite conversion of 35 sites awarded to on the west side of 680 Valley Crest at Board meeting of 8/4/15 Cooperate with Pleasanton in accordance • Implemented with existing agreements to implement 3 • DSRSD staff provided implementation guidance. recycled water service within the City of • Val Vista Deliveries (YTD) are 8.46 million gallons Pleasanton
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2015 retrofits and annual estimated volumes: RB Animal Shelter 3 AF Firehouse 17 2 AF CHP 2 AF Retrofit appropriate District potable water 4 County K9 Training 10 AF customers to recycled water County Ops Building 2 AF Parkwood Apartments 25 AF Santa Rita Jail 190 AF • Total to Date 234 AF Continue to operate the WWTP truck fill ANN C Permitted Haulers: 88 5 station for construction contractors and Dan G Volume: 14.5 million gallons other larger scale water haulers Continue to operate the WWTP residential Registered Users: 2,859 Dan G 6 recycled water fill station Volume at WWTP Station: 11.83 million gallons SO Investigate and implement, if possible, a Dan G Dublin Blvd Fill Station opened for residential users on second fill station in cooperation with the 7 June 24. City of Dublin at the City’s Safety Complex Volume at Dublin Station: 0.94 million gallons property
ENHANCED CUSTOMER SERVICE (Calendar Year 2015) No. Description Activities / Status Continue to promote the AquaHawk HC customer service portal as a customer • 1,733 new customers registered in 2015 1 service feature to help customers manage • 7,697 customers now registered their water use during the drought.
WISE WATER USER CREDIT PROGRAM (Calendar Year 2015) No. Description Activities / Status • 1,143 eligible customers beginning of year HC Administer the FYE 2016Wise Water User • 1,103 remain eligible 1 Credit Program (By historically and currently limiting usage to Tier 1 volumes )
IRRIGATION ADJUSTMENTS AND REPAIRS CUSTOMER ASSISTANCE PROGRAM (Calendar Year 2015 except financial Info which is FYE 2016) No. Description Activities / Status 1 Requests Handled (Calendar Year) 2 requests processed HC Budget FYE 2016: $1,250 HC 2 Cost of Repairs Handled (Fiscal Year) Actual FYE 2016: $ 0 • Remaining Program budget: $1,250
PURSUE SHORT-TERM TEMPORARY WATER SOURCES (Calendar Year 2015) No. Description Activities / Status
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A quote was obtained from a contractor to fabricate rigid DG piping for the Alcosta-Davona and Southwick interties so that they can be installed when needed and used to accept flows on a continuous non-emergency basis. However, the cost far exceeded the estimate so the work has not yet been awarded. Rigid piping would be an improvement Upgrade the existing non-Dougherty from the original piping that relied on flexible hose for the 1 Valley DSRSD-EMBUD interties to “semi- connections. Radio telemetry has been purchased for the permanent” status two interties so that the flow of transfer water could be continuously monitored. Meanwhile DSRSD obtained EBMUD’s agreement to proceed with design work to improve the Southwick intertie by moving the piping into a buried vault, which would eliminate the need to close the sidewalk when the intertie is used. • Continue to support Zone 7 efforts for CCWD Water BLM Exchange Continue to encourage and support Zone 2 • Continue to support Zone 7 efforts for Yuba Accord 7’s efforts for water transfers water • No transfers approved by Zone 7 through July 31 The District, EBMUD and the Yuba County Water Agency Dan G approved agreements for the transfer of a net of 1,275 AF of water to the District’s service area. Zone 7 removed their opposition to the transfer. However, the US Bureau of Reclamation ultimately refused to circulate the Environmental Assessment (EA) document and prepare a Explore retail-level water transfers Warrant Act Contract to allow the water to pass through 3 utilizing existing interties as a source of the Folsom South Canal, which effectively blocked the additional supply directly to the District. proposed water transfer. Discussions continue in an effort to understand why USBR took this position and address this issue for future transfers. Per agreements signed with the two agencies for the intended water transfer, DSRSD paid YCWA $20,000 and EBMUD $132,982 for their costs associated with attempting to implement the 2015 transfer.
H:\Board\2015\09-01-15\9B Drought Response Action Plan\Attachment 2 - Drought Response Action Plan Status Report.docx
Page 9 Agenda Item 9C
Reference Type of Action Board Meeting of Engineering Services Manager Discuss and Provide Direction September 1, 2015 Subject Discuss Potential District Programs: Instant Hot Water Systems and Recycled Water Trucking and Delivery
Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff D. McIntyre Board Member
Recommendation:
The Engineering Services Manager recommends the Board review the report of Potential District programs and, by Consensus, provide appropriate direction to staff.
Summary:
Earlier this summer, the Board requested that staff follow up with information on the two items that the District may consider implementing as programs. Staff findings are discussed in the attached staff report. The first item is related to instant hot water systems and their potential as a water conservation program. If used, instant hot water systems may reduce cold or lukewarm water wasted as residential customers wait for hot water in their showers or tubs. Staff researched available technology and reviewed pilot programs implemented by other agencies. Staff found two different technologies for eliminating the waste of cold/lukewarm water in the shower. Staff also found three agencies, Santa Clara Valley Water District, City of San Diego, and Bexar Metropolitan Water District, that ran pilot programs. Available technology offers the opportunity to save small amounts of potable water in residential showers. As other agencies have found, the small volumes of water saved would not economically justify a meaningful rebate nor expense by residential customers. The second item is related to a recycled water truck delivery program presented by a vendor to the Board at its July 21, 2015 Board meeting. The vendor proposed, under contract with the District, to deliver recycled water to residential customers’ storage tanks and take responsibility for permitting, training and monitoring users. Staff has noted that the vendor’s proposal may not be in the interest of the District’s ratepayers and have listed points for the Board to consider in the attached staff report. The vendor’s proposal is similar to requests from commercial haulers made to the District earlier in Spring 2015. Staff has presented a program proposal to the regulatory agencies and details are being vetted with the San Francisco Bay Area Regional Water Quality Control Board (RWQCB). Staff is working with RWQCB to ensure the District is in conformance with its recycled water permit, Recycled Water General Order 96-011 (General Order), and to ensure protection of public health and the environment. Meanwhile, the recycled water truck hauling program is being implemented in conformance with the General Order.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Not Required R. Biagtan Engineering DM
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $0 A. 1. B. 2. 3. H:\Board\2015\09-01-15\9C Potential Programs\SR - Potential Programs.docx STAFF REPORT
District Board of Directors September 1, 2015
POTENTIAL DISTRICT PROGRAMS: INSTANT HOT WATER SYSTEMS AND RECYCLED WATER TRUCKING AND DELIVERY INTRODUCTION Earlier this summer, the Board requested follow-up on the potential of two items that the District may implement as programs. The first item is related to instant hot water systems. The Board of Directors asked staff to review the potential water conservation associated with instant hot water systems. If used, instant hot water systems may reduce cold or lukewarm water wasted as residential customers wait for hot water in their showers or tubs. Agencies that have implemented pilot programs found that any water savings may be questionable. The second item is related to a recycled water truck delivery program presented by a vendor to the Board at its July 21, 2015 Board meeting. This proposal is similar to requests from commercial haulers made to the District earlier in Spring 2015. Staff is currently working with the San Francisco Bay Area Regional Water Quality Control Board (RWQCB) over a proposed program. However, this effort may take some time. Meanwhile, the recycled water truck hauling program is being implemented in conformance with its recycled water permit, Recycled Water General Order 96-011 (General Order.) ISSUE #1: INSTANT HOT WATER HEATERS BACKGROUND A common problem with conservation of potable water occurs with each shower. Most residents have to wait for hot water to reach the shower head. Wait times with the shower running can be for a few seconds to several minutes. Manufacturer claims for the water loss in a typical home from this specific problem range from 2,000 to 8,000 gallons per year. The water lost during the wait could be reduced to practically zero with a reduction in wait time for hot water to reach the shower head. Instant hot water systems reduce the waste of cold or lukewarm water while waiting for hot water to arrive at the shower head. Staff found two types of systems that would provide hot water instantly: tankless water heaters and hot water recirculating systems. Staff also found three agencies that ran pilot programs using these technologies. Available technology and the agencies’ findings are discussed below. DISCUSSION Instant hot water systems have been developed to reduce wait time for hot water to reach the point of demand, which is often in the shower. Two types of technology are available to address this issue: tankless water heaters and hot water recirculating systems. Tankless water heaters heat the water close to the point of demand. Hot water recirculating pump systems keep the water hot in existing hot water plumbing. Tankless Hot Water Heaters Tankless hot water heaters are small heating units installed in the shower room to heat water rapidly as it is piped into the shower. Manufacturer price quotes for the devices can range from $800 to $1150, with anecdotal evidence ranging as low as $400. The devices are available in either electricity-powered or gas-fired, with the gas- fired being significantly more “instant” than the electric models. The need for an energy source to heat the water as it flows through the unit requires significant installation requirements, including venting, gas piping, electrical wiring and re-plumbing. Because these are most effective when they are located in the vicinity of the point of
1 demand, a tankless hot water heater may be needed at every shower or bath within a residence. The necessary installation requirements and cost make these systems unattractive to customers. The District might need to provide high rebate amounts to incentivize customers to install these systems. Hot Water Recirculation Systems Hot water recirculation systems consists of a small pump that is added to the hot water line from the outlet of the existing hot water heater. A small bypass line is installed from the hot water connection to the cold water connection under the sink in the shower room. The pump and bypass completes a loop that allows the lukewarm water in the piping to be pumped back to the hot water heater and hot water to run up to the shower with the shower off. The result is hot water instantly (within a few seconds) available at the shower head. The system uses the existing hot water heater and existing plumbing, except for the bypass under the sink. The cost of the system starts at around $250, plus the installation cost. Bypass lines would need to be installed at every bathroom within a residence. The pump in this system requires some electrical energy for pumping, which is balanced with less energy required to heat the lukewarm water that is returned to the hot water heater. However, energy is still dissipated in the piping as hot water is recirculated by the pump. In early versions, water was constantly recirculated and this resulted in a higher energy use than without the hot water recirculation system. Modern technology is now available with a computerized pump controller that can “learn” the shower use pattern over a seven-day period and then operate the pump to repeat the pattern, saving energy as well as water. The optimum package for a rebate program appears to be a hot water circulation system with a “smart” controller that provides instant hot water to the shower, reduces lukewarm water lost down the drain and adds a minimal energy increment. Other Utility Agencies Program Results Sales proposals from system manufacturers claim significant water savings from installing hot water recirculation systems. Practical results from pilot programs by utility agencies have shown marginal results: 1. The Santa Clara Valley Water District ran a pilot program for hot water recirculation systems in 74 single family homes between 2000 and 2001. Phase 1 of the pilot test claimed a reduction in 8.6 gallons per day per house (3, 140 gallons per year; 4.1 units per year). Phase 2 of the pilot test claimed a reduction of 0.6 gallons per day per house (219 gallons per year, 0.3 units per year). SCVWD claims the results were not statistically significant for analyzing the effectiveness of the system. 2. The City of San Diego ran a pilot test in 2005 in 8 homes. The study showed an average savings of 2.0 gallons of water saved per shower, with an average of 2.2 showers per day per house. This equates to an average savings of 1,606 gallons per year (2.1 units). Savings varied with the warm-up time needed in different homes. 3. Bexar Metropolitan Water District (Bexar Met) in San Antonio, Texas started a rebate program for hot water circulation systems in 2005. However, the rebate program has been discontinued. Bexar Met reports that the expected water savings from the program disappeared over time. They report that the shower experience became more enjoyable without the wait for hot water and showers became more frequent. In the end, water conservation was not achieved. A generous estimate of practical water savings from a rebate program is 2,000 gallons per year (2.7 units) per system. Potential District Cost; Potential for Water Conservation Staff reviewed costs associated with a potential District rebate program and potential water conservation. As of July 1, 2015, the District had approximately 16,600 active single family residential accounts. If the District were to implement a rebate program with $150 per system installed, and assuming 5% of the residential accounts take advantage of the program, 830 systems would be installed. If each installed system achieves a conservation of 2,000 gallons per year, the water savings would result in a total of 5.1 acre-feet per year. The total customer water cost savings for all of the 830 systems installed would be $8,877 per year. The water cost savings for each
2 customer at Tier 2, Stage 2 water rates would be $10.69 per year. The water conservation cost to the District would be $124,500; and the unit cost of water saved would be $24,460 per acre-foot. ISSUE #2: RECYCLED WATER TRUCKING AND DELIVERY BACKGROUND The RWQCB administers the District’s permit to produce and distribute recycled water under the General Order. The State Water Resources Control Board Division of Drinking Water (DDW) regulates the District’s drinking water system and enforces the Federal Safe Drinking Water Act. Together, DDW works with the RWQCB to enforce California Code of Regulations, Title 17 and 22. Title 17 contains provisions associated with backflow prevention and cross-connection control. Title 22 contains provisions associated with recycled water treatment quality, and recycled water allowable uses. It should be noted that currently the District Code does not allow for the resale of water within and the outside of the District’s service area, and would need to be amended to provide an exception for permitted commercial hauling of recycled water to residential customers. The District is required to comply with state regulatory requirements and protect the environment and public health. The District must protect the public water distribution system from non-potable water and contaminated water. The District is also required to monitor its recycled water users and the uses associated with recycled water. The District submits annual reports to RWQCB and DDW to exhibit conformance to their requirements. Over the past fifteen years, the District has managed to expand the recycled water distribution system to deliver recycled water to institutional, commercial, and multifamily residential users for landscape irrigation. The District distributes recycled water to over 300 sites and inspects and monitors those sites. The District had also installed commercial fill stations at the District’ wastewater treatment plant (WWTP) and purple hydrants throughout the District. Truckers are licensed and monitored by the District for their recycled water use. At the onset of the 2014 drought, the District obtained approval from DDW and RWQCB to open a Residential Recycled Water Fill Station at the WWTP. The fill station has become extremely popular. Today, over 3,000 users within and outside the District’s service area are licensed to pick up recycled water. Staff has conducted intermittent inspections to ensure customer conformance to recycled water use requirements. As the District’s Residential and Commercial Recycled Water Fill Stations become increasingly popular, customer demands have evolved. Residential customers recognize the difficulties in hauling recycled water to their homes. Entrepreneurs are seeking ways to capitalize on customer needs and have approached the District to allow them to provide services to deliver recycled water to customers’ on-site storage tanks. Their customers would be within and outside the District’s service area. Such a program is not covered under the District’s existing recycled water permit and would require regulatory approval from DDW and RWQCB. Staff has been working with both agencies to determine how the District may allow truckers may distribute recycled water to their customers, reduce the District’s liability, and reduce demands on the District’s limited staff resources. DISCUSSION At the July 21, 2015 Board meeting, the latest entrepreneur presented a proposal to the Board under “Public Forum” as a non-agendized item. Mr. Farzad Bozorgzad and Mr. Chris Connolly of Recycled Water Services proposed, under contract with the District, to deliver recycled water to residential customers’ storage tanks and take on the responsibility of permitting, training and monitoring users. This is similar to requests from other commercial haulers have been made to the District earlier in Spring 2015. Staff subsequently reviewed the submitted materials and met with Mr. Bozorgzad to better understand the proposal.
3 Meeting Regulatory Requirements In response to requests by entrepreneurs, staff have prepared a program proposal whereby commercial haulers may deliver recycled water to customers’ on-site storage tanks. In late May 2015, staff submitted a program proposal to DDW for review and comment; DDW approved the proposal. The proposal was then submitted to RWQCB in June. This may be the first of its kind in the Bay Area and the State. RWQCB and staff found several issues that require detailed consideration. These issues are as follows: • RWQCB holds the District responsible for training, licensing and monitoring permitted haulers and the haulers’ customers; they are not interested in licensing commercial haulers separately. • On-site storage represents recycled water quality considerations as bacterial regrowth may occur for prolonged storage; vector control must also be considered. • For the protection of the potable water system, backflow prevention devices should be installed and cross-connection controls should be implemented; the customers will experience impacts financially and aesthetically. • Some customers may be outside the District’s jurisdictional authority and the District may not be able to enforce District requirements. Furthermore, this program may impact other agencies’ potable water distribution systems operations. Staff is working through these issues with the RWQCB. Risk Assessment Allowing commercial haulers to deliver recycled water to users’ storage tanks is a risk to potable water supply systems and the public health, within the District’s service area and the surrounding water agencies. The District would rely on commercial haulers to provide staff with all their users’ information and conduct monitoring. If they fail to provide proper monitoring, the potential for potable water contamination increases. Recycled water may enter the public water supply due to no District staff oversight. Staff is working with a consultant to assess how significant the problem of cross-connection actually is for those residents storing recycled water on-site. Information on this is expected to be available later in September. Based on this information, it may be necessary to dedicate significant new resources to monitor and control potential cross-connection issues associated with stored recycled water storage and potable water service.
RECOMMENDATIONS Instant Hot Water Heater Current available instant hot water technology does allow customers a small amount of water conservation. However, costs associated with such systems is relatively high compared to water conservation that may be achieved. The District has existing rebate programs available that can achieve greater savings for both the customer and the District at lower costs. As other agencies have found, the small volumes of water saved would not economically justify a meaningful rebate nor expense by residential customers. Staff recommends that a rebate program for instant hot water heaters not be implemented at this time. A program may be considered in the future as the cost of the technology goes down. Recycled Water Trucking and Delivery Mr. Farzad Bozorgzad and Mr. Chris Connolly of Recycled Water Services proposed to provide recycled water delivery, under contract with the District, to deliver recycled water to residential customers’ storage tanks and take on the responsibility of permitting, training and monitoring users. For the following reasons, staff notes that allowing such a program is not in the best interest of the District’s ratepayers.
4 • Entering into a contract with Recycled Water Services would be similar to program that the District established with Home Emergency Insurance Solutions (HEIS), which addresses home plumbing repairs. The ratepayers may perceive that the District is endorsing a service from an individual contractor. The program with HEIS had mixed support at the Board level and some negative reaction from ratepayers. • Recycled Water Services proposes to charge $0.10 per gallon or $30 per 300-gallon load for the delivery of recycled water to a residential home. This is approximately 1/3 of a bi-monthly water bill for the average single family residential home. • The District’s Residential Recycled Water Use License, reviewed and approved by RWQCB and DDW, does not allow for storage of recycled water onsite. Staff is aware that there are a number of users who have installed storage tanks on their property and we are working on this issue with the RWQCB. We do not want to encourage more storage. The District currently has a trucking program that is in conformance with its General Order. At this time, commercial haulers are permitted to apply recycled water directly on to residential landscapes. Their permit does not allow them to place recycled water into storage tanks. Residential customers who have commercial haulers spray their landscapes are required to complete the District’s Residential Recycled Water Fill Station Use Agreement form and receive training from fill station attendants so they are aware of the recycled water use regulations. Staff recommends that the District maintain its current trucking program. Meanwhile, the District will need to navigate through State laws and regulatory requirements to establish a well- thought out program that is pragmatic for the District and acceptable to the RWQCB. This process will take time and may not be completed this summer. Staff is seeking direction from the Board as it relates to pursuing a program that would allow trucks to deliver recycled water to storage tanks on residential properties.
H:\Board\2015\09-01-15\9C Potential Programs\Staff Report -Potential Programs.docx
5 Agenda Item 9D
Reference Type of Action Board Meeting of Engineering Services Manager Discuss and Provide Direction September 1, 2015 Subject Discuss Long Term Alternative Water Supply Study Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff D. McIntyre Board Member
Recommendation:
The Engineering Services Manager recommends the Board of Directors receive public comment, discuss, and by Consensus, provide direction related to the District’s Long Term Alternative Water Supply Study.
Summary: The District’s water supply reliability continues to demonstrate vulnerability, as illustrated by the 2014 and 2015 Drought. The District’s sole potable water supply provider, Zone 7, imports approximately 80% of the Tri-Valley’s potable water supply from the State Water Project (SWP). Improvements to the SWP are currently being considered by the State. The currently unknown cost for those improvements will be borne by local ratepayers. The resultant reliability of the SWP after the various improvements have been made is unknown. Furthermore, the complexity of the contemplated facilities and anticipated legal challenges may delay improvements to water supply reliability for District customers for years, if not decades. The District undertook a Long Term Alternative Water Supply Study (Study) to conduct a high-level evaluation of how the District could, on its own or in cooperation with regional agencies, sustainably meet customer water demands and reduce its reliance on a single vulnerable water source such as the SWP. The Board held two workshops, developed a Board policy framework and reviewed possible water supply options. The Board workshop materials including the presentation slides and minutes are included in the Study as Appendix A and Appendix B. The Board’s comments were incorporated to prepare the finalized Study. Attachment 1 includes the table of contents and the executive summary of the Study. The full Study can be viewed by going to the home page on www.dsrsd.com or by viewing a hard copy at the District Office. The finalized Study includes additional options and portfolios that may meet the Board’s policy framework. The Study will provide the Boardmembers reference points as they participate in future Valley-wide discussions associated with water supply reliability. Moreover, it serves as a conceptual starting point for implementing Strategic Goal 2.01 to increase reliability of water supply by diversifying the water supply portfolio. RMC Engineering, who prepared the study for the District, will be at the Board meeting to present possible water supply portfolios and recommended follow up actions. The Study was posted on the District’s website for public review and comment on August 25, 2015. The Study has also been distributed to staff at Zone 7, City of Livermore, City of Pleasanton, Cal Water-Livermore, City of Dublin, City of San Ramon, East Bay Municipal Utility District and Central Contra Costa Sanitary District for their review and written comment. A press release has been issued to invite and facilitate public and stakeholder participation and engagement on this foundational public policy. A panel formed by the East Bay Leadership Council Water Task Force will also be reviewing the Study. The Water Task Force will be holding a case-study session on water supply diversification using the Study on September 15, 2015. Staff and RMC will be at the session to receive comments. The Study will be presented to the Board at its October 6, 2015 meeting for adoption. Written comments received before that time will be presented to the Board.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Not Required R. Biagtan Engineering DM ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $0 A. 1. Long Term Alternative Water Supply Study B. 2. Long Term Alternative Water Supply Presentation
H:\Board\2015\09-01-15\9D LT Alt Water Supply Review\Adoption Long Term Alt Water Supply SR.docx NOTE: Attachment 1 to S&R
Long Term Alternative Water Supply Study Final Report August 2015
Prepared for Dublin San Ramon Services District by RMC Water and Environment
Included in this Item are:
Table of Contents and Executive Summary
If you wish to view this report in its entirety (153 pgs including appendices), it is on file and available at the following sites:
www.dsrsd.com
District Office 7051 Dublin Blvd. Dublin, CA 94568
H:\Board\2015\09-01-15\9D LT Alt Water Supply Review\Alt Water Supply - Fly Sheet for Study.docx Attachment 1 to S&R
Long Term Alternative Water Supply Study Final Report
Produced by
August 2015 Attachment 1 to S&R
Long-term Alternative Water Supply Study Final Report
Prepared by:
August 2015 Attachment 1 to S&R Long-term Alternative Water Supply Study
Table of Contents Executive Summary ...... i Introduction ...... i Development of Alternatives ...... i Evaluation of Alternatives ...... iii Recommended Portfolios ...... iv Recommended Next Steps ...... v
Chapter 1 Introduction ...... 1-1 1.1 Background ...... 1-1 1.2 Current Conditions ...... 1-1 1.3 Future Projections ...... 1-2 1.4 Study Purpose and Approach ...... 1-3 Chapter 2 Development of Alternatives ...... 2-5 2.1 Potential Options ...... 2-5 2.1.1 Non-Potable Recycled Water...... 2-5 2.1.2 Indirect/Direct Potable Reuse ...... 2-6 2.1.3 Imported Recycled Water ...... 2-6 2.1.4 Groundwater ...... 2-6 2.1.5 Stormwater ...... 2-6 2.1.6 Desalination ...... 2-6 2.1.7 North of Delta Water Contracts, Transfers, and Exchanges ...... 2-6 2.2 DSRSD Board Workshop 1 ...... 2-7 2.3 Meetings with Potential Partners ...... 2-7 2.4 Options Carried Forward for Evaluation ...... 2-8 2.5 Options Screened from Evaluation ...... 2-8 2.5.1 Fringe Basin Groundwater ...... 2-8 2.5.2 District-wide Stormwater Capture ...... 2-8 Chapter 3 Evaluation of Alternatives ...... 3-9 3.1 Option 1a: Enhanced Conservation ...... 3-9 3.1.1 Cost Estimates ...... 3-9 3.1.2 Board Criteria ...... 3- 10 3.1.3 Benefits and Challenges ...... 3- 10 3.1.4 Partners Needed ...... 3-10 3.1.5 Cost Saving Considerations ...... 3- 10 3.2 Option 1b: Recycled Water Direct to Customers ...... 3- 11 3.2.1 Cost Estimates ...... 3- 11 3.2.2 Board Criteria ...... 3- 12 3.2.3 Benefits/Challenges ...... 3- 12 3.2.4 Partners Needed ...... 3-12 3.2.5 Cost Saving Considerations ...... 3- 13 3.3 Option 1c: Rainwater Capture and Greywater ...... 3- 13 3.3.1 Cost Estimates ...... 3- 13 3.3.2 Board Criteria ...... 3- 14 3.3.3 Benefits/Challenges ...... 3- 14 3.3.4 Partners Needed ...... 3-14 3.3.5 Cost Saving Considerations ...... 3- 14 3.4 Option 1d: Residential Turf Replacement ...... 3- 15 3.4.1 Cost Estimates ...... 3- 15 3.4.2 Board Criteria ...... 3- 15
August 2015 Attachment 1 to S&R Long-term Alternative Water Supply Study
3.4.3 Benefits/Challenges ...... 3- 15 3.4.4 Partners Needed ...... 3-16 3.4.5 Cost Saving Considerations ...... 3- 16 3.5 Option 2a: Indirect Potable Reuse with Groundwater Recharge ...... 3-16 3.5.1 Cost Estimates ...... 3- 17 3.5.2 Board Criteria ...... 3- 17 3.5.3 Benefits/Challenges ...... 3- 18 3.5.4 Partners Needed ...... 3-18 3.5.5 Cost Saving Considerations ...... 3- 18 3.6 Option 2b: Indirect Potable Reuse with Reservoir Augmentation ...... 3-19 3.6.1 Cost Estimates ...... 3- 20 3.6.2 Board Criteria ...... 3- 21 3.6.3 Benefits/Challenges ...... 3- 21 3.6.4 Partners Needed ...... 3-22 3.6.5 Cost Saving Considerations ...... 3- 22 3.7 Option 2c: Direct Potable Reuse ...... 3- 22 3.7.1 Cost Estimates ...... 3- 23 3.7.2 Board Criteria ...... 3- 24 3.7.3 Benefits/Challenges ...... 3- 24 3.7.4 Partners Needed ...... 3-25 3.7.5 Cost Saving Considerations ...... 3- 25 3.8 Option 3: Bay Desalination ...... 3- 25 3.8.1 Cost Estimates ...... 3- 27 3.8.2 Board Criteria ...... 3- 27 3.8.3 Benefits/Challenges ...... 3- 28 3.8.4 Partners Needed ...... 3-28 3.8.5 Cost Saving Considerations ...... 3- 28 3.9 Option 4: North of Delta Transfers ...... 3- 28 3.9.1 Cost Estimates ...... 3- 30 3.9.2 Board Criteria ...... 3- 31 3.9.3 Benefits/Challenges ...... 3- 31 3.9.4 Partners Needed ...... 3-32 3.9.5 Cost Saving Considerations ...... 3- 32 Chapter 4 Recommended Portfolios ...... 4- 33 4.1 Moving Beyond Status Quo ...... 4- 33 4.2 Portfolio 1: Prioritizing Supply Diversification ...... 4- 34 4.3 Portfolio 2: Maximizing IPR and Meeting the Concentration Risk Goal ...... 4-35 4.4 Portfolio 3: Maximizing Desalination and Meeting the Concentration Risk Goal ... 4-37 4.5 Portfolio 4: Maximizing Desalination and Meeting the Reliability Goal ...... 4-38 4.6 Portfolio Overview ...... 4- 39 Chapter 5 Recommended Next Steps...... 5- 41 References ...... 5-1
List of Tables
Table 3-1: Option 1a: Expanded Conservation Summary of Cost Estimates ...... 3-10 Table 3-2: Option 1b: Recycled Water Direct to Customers Summary of Cost Estimates . 3- 12 Table 3-3: Option 1c: Rainwater and Greywater Summary of Cost Estimates ...... 3-13
August 2015
Attachment 1 to S&R Long-term Alternative Water Supply Study
Table 3-4: Option 1d: Residential Turf Replacement Summary of Cost Estimates ...... 3-15 Table 3-5: Option 2a: IPR with Groundwater Recharge Summary of Cost Estimates .... 3-17 Table 3-6: Option 2b: IPR with Reservoir Augmentation Summary of Cost Estimates .. 3-21 Table 3-7: Option 2c: DPR Summary of Cost Estimates ...... 3-24 Table 3-8: Option 3: Bay Desalination Summary of Cost Estimates ...... 3-27 Table 3-9: Option 4: North-of-Delta Transfers Summary of Cost Estimates ...... 3-31 Table 4-1: Portfolio 1 Compared to Tentative Policy Goals ...... 4-35 Table 4-2: Portfolio 2 Compared to Tentative Policy Goals ...... 4-36 Table 4-3: Portfolio 3 Compared to Tentative Policy Goals ...... 4-38 Table 4-4: Portfolio 4 Compared to Tentative Policy Goals ...... 4-39 Table 4-5: Comparison of Four Portfolios against the Tentative Policy Goals ...... 4-40 Table 5-1: Overview of Portfolio Water Supply Yields and Sources ...... 5-41 Table 5-2: Example Regulatory, Technical, and Economic Tasks for Consideration..... 5-43
List of Figures
Figure 1-1: DSRSD's Current Total Supply and Potable Supply Portfolio ...... 1-2 Figure 1-2: Overview of DSRSD Potable Water, Wastewater, and Recycled Water Systems ...... 1-2 Figure 1-3: Alternative Water Supply Study Approach ...... 1-4 Figure 2-1: Potential Regional Water Supply Options ...... 2-5 Figure 3-1: Schematic for IPR with Groundwater Recharge ...... 3-17 Figure 3-2: Schematic for IPR with Reservoir Augmentation ...... 3-19 Figure 3-3: Potential Pipeline Alignments for Option 2b IPR with Reservoir Augmentation ...... 3-20 Figure 3-4: Schematic for DPR ...... 3-23 Figure 3-5: Overview of Option 2c DPR ...... 3-23 Figure 3-6: Schematic for Bay Desalination ...... 3-26 Figure 3-7: Potential Pipeline Alignment for Option 3 Bay Desalination ...... 3-26 Figure 3-8: Overview of Option 4 North-of-Delta Transfers ...... 3-29 Figure 3-9: Potential Pipeline Alignment from EBMUD Walnut Creek Treatment Plant for Option 4 North of Delta Transfers ...... 3-30 Figure 4-1: Status Quo Water Supply Portfolio in 2025 ...... 4-33 Figure 4-2: Overview of Portfolio 1 ...... 4-34 Figure 4-3: Overview of Portfolio 2 ...... 4-36 Figure 4-4: Overview of Portfolio 3 ...... 4-37 Figure 4-5: Overview of Portfolio 4 ...... 4-38 Figure 5-1: Typical Project Implementation Process ...... 5-42
Appendices Appendix A - Board Workshop 1 Materials Appendix B - Board Workshop 2 Materials Appendix C - Costing Spreadsheet for Supply Options
August 2015
Attachment 1 to S&R Long-term Alternative Water Supply Study
Acknowledgements
This report was prepared by the following RMC Water and Environment staff: Randy Raines, P.E. Carrie Del Boccio, P.E. Katie Cole
Review and input was provided by the following Dublin San Ramon Service District staff: Bert Michalczyk Dan McIntyre Rhodora Biagtan
August 2015 Attachment 1 to S&R Long-term Alternative Water Supply Study
List of Abbreviations
ACWD Alameda County Water District AF Acre-feet AFY Acre-feet per year AOP Advanced oxidation process CCWD Contra Costa Water District District Dublin San Ramon Services District DERWA Dublin San Ramon Services District-East Bay Municipal Utility District Recycled Water Authority DPR Direct potable reuse DSRSD Dublin San Ramon Services District DWR California Department of Water Resources EBDA East Bay Dischargers Authority EBMUD East Bay Municipal Utility District IPR Indirect potable reuse LAVWMA Livermore-Amador Valley Water Management Agency MF Microfiltration r-gpcd Residential gallons per capita per day RO Reverse osmosis RWTF Recycled Water Treatment Facility SCVWD Santa Clara Valley Water District SFPUC San Francisco Public Utilities Commission SWRCB State Water Resources Control Board TDS Total dissolved solids USBR United States Bureau of Reclamation UWMP Urban Water Management Plan WWTP Wastewater treatment plant YCWA Yuba County Water Agency Zone 7 Zone 7 Water Agency
August 2015
Attachment 1 to S&R Long-term Alternative Water Supply Study Executive Summary
Executive Summary Introduction The Dublin San Ramon Services District (District or DSRSD) currently serves potable water and recycled water to about 54,000 customers in the City of Dublin and Dougherty Valley portion of San Ramon. The District’s potable water is supplied by the Zone 7 Water Agency as stipulated in a contract that expires in 2024. Zone 7 receives a portion of its water supply from local surface water and groundwater sources, but currently 80% of its water supply comes from imported sources, most of which is delivered from the Delta through the South Bay Aqueduct as part of the State Water Project (SWP). The current drought has severely impacted delivery of most surface water supplies in California, and the 2014 SWP cutbacks of Table A allocations, first to 0% and then to 5% (but only for delivery late in the year) were the lowest on record. In March 2015, the California Department of Water Resources (DWR) announced that the 2015 allocation would be 20%, the second lowest since 1991. These cutbacks also limited Zone 7’s access to stored groundwater south of the Delta and prompted the District to restrict local use of potable water and question the long term water reliability of its current supply of potable water. DSRSD projects that in 2015, total non-drought potable demand within its service area will be almost 13,000 acre-feet per year (AFY), with total demand (potable and non-potable) around 17,500 AFY (DSRSD 2015). By 2025, DSRSD projects that total demand will grow to around 21,900 AFY1. Roughly 4,400 AFY of the total demand in 2025 will be met with recycled water; the remaining 17,500 AFY will need to be met with potable supplies. Given the recent and projected cutbacks of water delivered by the State Water Project, DSRSD is investigating alternative sources of water. As a result, DSRSD is conducting this high- level study, the Long-Term Alternative Water Supply Study, to consider regional and local supply alternatives. Supplies considered include increased conservation, stormwater and grey water capture, potable reuse, bay desalination, regional interties and water exchanges, and groundwater. These options underwent analysis, including costing. The overarching purpose of the Alternative Water Supply Study is to: • Conduct a high level assessment of the District’s long-term alternative water supply options • Provide valuable information for the 2015 Urban Water Management Plan (UWMP) update • Help the District develop a policy framework for its water management goals • Identify next steps to enhance water supply reliability for the District and its customers This policy level framework would include the following goal-oriented elements: • Reducing potable demand • Increasing reuse • Increasing water supply reliability and decreasing water supply variability • Increasing reliance on sources under local control • Reducing source concentration risk Development of Alternatives Identification of potential alternatives began with review of recent studies for the greater Bay Area and studies for each of the other wholesale water agencies. A brainstorming workshop was held with DSRSD staff to identify all local and regional water supplies that DSRSD could potentially pursue. The Project
1 While preliminary work for the 2015 UWMP update indicates that future demands are less than previous projections, a total demand of 21,900 AFY in 2025 was assumed for this report.
August 2015 i Attachment 1 to S&R Long-term Alternative Water Supply Study Executive Summary
Team then met with neighboring water purveyors, including the San Francisco Public Utilities Commission, Zone 7 Water Agency, Alameda County Water District, East Bay Municipal Utility District, Contra Costa Water District, and the Cities of Livermore and Pleasanton, to gather a better understanding of potential supply opportunities. Input on the list of potential water supply options, demand management measures, and draft goals for a DSRSD policy-level framework was collected at a special workshop held with the DSRSD Board of Directors. The preliminary policy-level goals discussed at the workshop were as follows: • Reducing potable demand o 70 residential gallons per person per day • Increasing reuse o No discharge to the Bay 300 days per year (functional equivalent of 90% effluent reuse) • Increasing reliability and decreasing variability o 85% deliveries once every 10 years; and o 70% deliveries once every 30 years o This is equivalent to a 97.5% reliability on average with a standard deviation of 7% • Increasing reliance on sources under local control o At least 60% of demand satisfied by local and regional supplies • Reducing source concentration risk o No more than 40% of total supply originates from one source As a result of the meetings with DSRSD staff, neighboring agencies, and the DSRSD Board of Directors, the following major sources were considered: Non-Potable Water DSRSD for many years has produced tertiary recycled water for delivery to customers for non-potable uses (e.g. irrigating landscaping, construction water, etc). There are still opportunities available to further expand non-potable water recycling in the area, but supplies of recycled water generated from DSRSD’s wastewater service area are limited in dry months. Indirect/Direct Potable Reuse Recycled water can be used for potable water supplies when it has been treated to full advanced treatment levels which typically include primary and secondary wastewater treatment, followed by microfiltration (MF), reverse osmosis (RO), and an advanced oxidation process (AOP). While regulations for recharge of groundwater were adopted by the State Water Resources Control Board (SWRCB) in 2014, regulations for reservoir augmentation and direct potable reuse have not yet been released but are in development and scheduled for a 2016 and 2020 release, respectively. Imported Recycled Water Because DSRSD is close to maximizing recycled water use during peak times (summer months), there may be a desire to import recycled water from a nearby agency (e.g., Central Contra Costa Sanitary District (CCCSD) to further expand the non-potable recycled water uses and/or to expand the quantity of advanced treated recycled water available for IPR/DPR. Groundwater The Livermore Valley Groundwater Basin (DWR Basin 2-10) extends from the Pleasanton Ridge east to the Altamont Hills and from the Livermore Uplands north to the Tassajara Uplands. While DSRSD doesn’t itself extract groundwater from the basin as a supply, Zone 7 extracts an allocation of groundwater on behalf of DSRSD. Additional groundwater rights could be exercised to pump additional water supplies for potable or non-potable uses.
August 2015 ii Attachment 1 to S&R Long-term Alternative Water Supply Study Executive Summary
Stormwater Stormwater can be captured and recharged into a groundwater basin for later use. Rainfall in the San Francisco Bay Area is highly variable and seasonal, with most precipitation occurring between November and May and very little occurring from late spring to fall. Stormwater not currently captured could be conveyed to a recharge area for recharge into the groundwater basin or for treatment and use as a potable or non-potable water supply. Desalination Desalination is the process of removing salts or total dissolved solids (TDS) from high salinity ocean or bay water to create potable water. This is done through reverse osmosis (RO) treatment, a filtration method that removes dissolved salts and minerals from the source water. Source water to be treated at desalination plants can be conveyed from an ocean or bay into to the plant via a pipeline. After the desalination process, the treated water is conveyed to the distribution system for potable water uses and the brine (or concentrate) is discharged back to the ocean or bay. North of Delta Water Contracts, Transfers, and Exchanges DSRSD could acquire water rights north of the Delta and receive them through direct conveyance or through transfers (rather than pumping or entitlements directly from the Delta). North of Delta water allocations could be transferred to DSRSD through EBMUD facilities, or stored in CCWD’s Los Vaqueros Reservoir and later exchanged for supplies to be treated and distributed from the Walnut Creek WTP. Evaluation of Alternatives For each of the options selected for analysis, cost estimates were developed, including assumptions and other cost criteria that should be considered in the future. The project options were also compared against the policy framework goals to determine the degree to which each contributes to goals. Benefits and challenges of each option were highlighted, as well as the partners that each option may need if implemented. Additionally, cost saving considerations, including potential funding opportunities and cost savings that could be realized if the project were implemented were reviewed.
The following table indicates the yield and cost (total and per acre-foot) of each analyzed alternative. Alternative Analysis 1a: Enhanced Conservation Yield: 70 AFY Total Program Cost: $64,900 $/AF: $930/AF 1b: Recycled Water Direct to Customers Yield: 130 AFY Total Program Cost: $1,750,000 ($0 if required in new developments) $/AF: $390,000/AF ($0 if required in new developments) 1c: Rainwater and Greywater Yield: 450 AFY Total Program Cost: $191,000 ($0 if required in new developments) $/AF: $3,400/AF ($0 if required in new developments) 1d: Residential Turf Removal Yield: 250 AFY Total Program Cost: $2,545,100 $/AF: $10,250 2a: Indirect Potable Reuse with Groundwater Yield: 2,800 AFY Recharge Total Program Cost: $54M - $57M $/AF: $2,000 - $2,200/AF
August 2015 iii Attachment 1 to S&R Long-term Alternative Water Supply Study Executive Summary
2b: Indirect Potable Reuse with Reservoir Yield: 2,800 AFY Augmentation Total Program Cost: $94M - $118M $/AF: $2,700 - $3,200/AF 2c: Direct Potable Reuse Yield: 3,100 AFY Total Program Cost: $61M - $75M $/AF: $1,700 - $2,000/AF 3a: Bay Desalination Yield: 4,730 – 15,955 AFY Total Program Cost: $143M - $729M $/AF: $2,500 - $3,800/AF 4: North of Delta Transfers Yield: 9,000 AFY Total Program Cost: $107M - $133M $/AF: $3,700 - $3,900/AF Recommended Portfolios Four portfolios are recommended for further consideration by DSRSD staff to enhance the District’s existing water supplies, while meeting the District’s policy framework goals. Demand management measures, such as recycled water direct to customers, conservation, rainwater, and greywater, are included in each portfolio. These portfolios are described as follows: Portfolio 1: Prioritizing Supply Diversification Portfolio 1 prioritizes supply diversification and includes water from multiple sources to meet demand, including the State Water Project, bay desalination, indirect potable reuse, local groundwater, and non- potable recycled water. Water from the State Water Project would make up 40% of the total supply in this portfolio, which is nearly a 40% reduction from the District’s current supply portfolio. Non-potable recycled water would make up about 21% of the supply portfolio, water from bay desalination would make up about 23% of the total supply, indirect potable reuse (with either groundwater recharge or reservoir augmentation) would make up about 13% of the total supply, and local groundwater would make up about 3% of the total supply. Implementing this combination of supplies would have a melded cost of between $1,400 and $1,800 per AFY. Total capital costs associated with implementing bay desalination and indirect potable reuse for this portfolio are estimated to be between $197 million and $377 million. Portfolio 1 meets three of the five policy framework goals, including reuse, local control, and concentration risk. Portfolio 2: Maximizing IPR and Meeting the Concentration Risk Goal Portfolio 2 maximizes indirect potable reuse while meeting the concentration risk goal. Indirect potable reuse makes up 40% of this portfolio, while water from the State Water Project comprises 36%, non-potable recycled water is 21%, and the remaining 3% is from local groundwater. This portfolio is expected to cost between $1,000 and $1,500 per AFY. Capital costs associated with implementing the indirect potable reuse component of this portfolio are estimated to be between $136 million and $251 million. Portfolio 2 meets three of the five policy framework goals, including reuse, local control, and concentration risk. Portfolio 3: Maximizing Desalination and Meeting the Concentration Risk Goal Portfolio 3 maximizes desalination while meeting the concentration risk goal. Desalination makes up 40% of this portfolio, while water from the State Water Project comprises 36%, non-potable recycled water is 21%, and the remaining 3% is from local groundwater. This portfolio is expected to cost between $1,700 and $1,900 per AFY. Capital costs associated with implementing the Bay desalination supply option of this portfolio are estimated to be between $328 million and $408 million. Portfolio 3 meets two of the five policy framework goals, including local control and concentration risk. Portfolio 4: Maximizing Desalination and Meeting the Reliability Goal
August 2015 iv Attachment 1 to S&R Long-term Alternative Water Supply Study Executive Summary
Portfolio 4 meets the reliability policy framework goal by maximizing Bay desalination as a supply source, with 76% of demand met with bay desalination, 21% met with non-potable recycled water, and 3% met with local groundwater. Implementing this supply portfolio would cost between $2,200 and $2,500 per AFY. Capital costs associated with the Bay desalination supply option of this portfolio are estimated to be between $585 million and $729 million. Portfolio 4 meets two of the five policy framework goals, including reliability and local control. Recommended Next Steps As previously indicated, this study was meant as an overview assessment of potential future alternative water supplies for the Dublin San Ramon Services District. It is the recommendation of this project team that feasibility assessment work be initiated with a series of meetings with other local and regional agencies in an effort to develop partnerships for evaluating IPR and/or bay desalination. Scoping for a Feasibility Study for IPR and/or bay desalination should be done in collaboration with agency partners, which may potentially include Zone 7 Water Agency, ACWD, SFPUC, Santa Clara Valley Water District (SCVWD), CCCSD, and EBMUD. Example tasks that would be needed within the regulatory, technical and economic elements are presented in the table below for the IPR with groundwater recharge, IPR with reservoir augmentation, and bay desalination water supplies. Water Supply Component Regulatory Technical Economic • Assess capacity of Main Basin to accept purified • Work with RWQCB recycled water for various and SWRCB to water year conditions and define groundwater define target safe yield for recharge permitting project requirements; • Assess available recycled coordinate with water for potable use from Zone 7, Pleasanton DSRSD’s WWTP and need and Livermore, as for additional sources of needed recycled water • Compare value of IPR with • • Assess water quality of benefits with life Groundwater Work with RWQCB DSRSD WWTP effluent and cycle costs for each Recharge and EBDA agencies to recognize define process, sizing and alternative benefits of reduced siting requirements for • Compute return on wastewater implementing full advanced investment (ROI) discharges through treatment and compare with EBDA outfall • Assess locations for injection current and other • Work with RWQCB wells and travel times from alternative water and EBDA agencies points of injection to points of supplies to define permitting extraction at potable wells • Develop plan for requirements for • Assess water quality impacts funding and brine discharges in related to Bay discharge of financing project EBDA outfall brine in EBDA outfall improvements
August 2015 v Attachment 1 to S&R Long-term Alternative Water Supply Study Executive Summary
Water Supply Component Regulatory Technical Economic • Assess capacity of reservoir(s) to accept purified recycled water for various • Work with RWQCB water year conditions and and SWRCB to define target safe yield for define reservoir project augmentation • Assess available recycled permitting water for potable use from requirements; DSRSD’s WWTP and need coordinate with for additional sources of Zone 7, Pleasanton, recycled water Livermore, ACWD, • Assess water quality of SCVWD, SFPUC, DSRSD WWTP effluent and as needed define process, sizing and • Work with RWQCB siting requirements for IPR with and EBDA agencies implementing full advanced Reservoir to recognize treatment Augmentation benefits of reduced • Assess alternative pipeline wastewater routes for transmission of discharges through purified recycled water to • Compare value of EBDA outfall reservoir(s) benefits with life • Work with RWQCB • Assess dilution of purified cycle costs for each and EBDA agencies recycled water with discharge alternative to define permitting at various locations in • Compute return on requirements for reservoir(s) and predicted investment (ROI) brine discharges in quality impacts on reservoir and compare with EBDA outfall supplies current and other • Work with DWR, • Assess water quality impacts alternative water SWRCB and other related to Bay discharge of supplies agencies, as brine in EBDA outfall • Develop plan for appropriate, to • Assess water exchange funding and assess water rights scenarios and impacts on financing project impacts project infrastructure improvements
August 2015 vi Attachment 1 to S&R Long-term Alternative Water Supply Study Executive Summary
Water Supply Component Regulatory Technical Economic • Review previous studies and assess siting options for desalination plant near east shoreline of Bay • Assess impacts on adjacent groundwater levels for various quantities of extraction from slant wells • Work with RWQCB • Assess water quality of and SWRCB to desalination influent and define Bay corresponding treatment and blending requirements • Bay Desalination Desalination Compare value of permitting • Assess energy requirements benefits with life requirements and potential for collaboration cycle costs for each • Work with RWQCB with nearby energy providers alternative and EBDA agencies • Assess water quality impacts • Compute return on to define permitting related to Bay discharge of investment (ROI) and requirements for brine in EBDA outfall compare with current brine discharges in • Assess routing of pipelines and other alternative EBDA outfall for transmission of product water supplies • Work with local water • Develop plan for agencies to assess • Assess water exchange funding and facility permitting scenarios and impacts on financing project requirements project infrastructure improvements
August 2015 vii DSRSD Alternative Water Supply Study Overview & Next Steps Attachment 2toS&R Page 1 of August 7, 2015 24
Workshop #3 Workshop Outline
. Introduction . Overview of Screened Water Supply Options . Policy Framework . Overview of Alternative Water Supply Portfolios . Next Steps Attachment 2toS&R Page 2 of 24
Workshop #3 Introduction Attachment 2toS&R Page 3 of 24
Workshop #3 California’s Drought Continues to Worsen
. “Drought-Stricken State Turns Off Beach Showers,” California State Parks . “The Dry Spell,” Popular Science . “California Drought: Rebates Offered for Ripping Out Lawns under Nation’s Largest Program,” CNN Attachment 2toS&R Page 4of 24
Workshop #3 Study Purpose
. Conduct High Level Assessment of District’s Long- Term Alternative Water Supply Options . Develop Policy Framework for District Goals . Identify Next Steps to Enhance District’s Water Supply Reliability . Provide Input Information for 2015 Urban Water Management Plan (UWMP) Update Attachment 2toS&R Page 5of 24
Workshop #3 Policy Level Framework
. Reduce Demand . Increase Reuse . Increase Reliability . Decrease Variability . Reduce Dependence on Imported Supplies . Reduce “Concentration Risk”
APPROACH = DIVERSIFICATION Attachment 2toS&R Page 6 of 24
Workshop #3 Overview of Screened Water
Supply Options Attachment 2toS&R Page 7 of 24
Workshop #3 Screened Water Supply Options
Supply Option Yield Total Program Cost $/AF Cost
1a: Enhanced Conservation 70 AFY $64,900 $930/AFY 1b: Recycled Water Direct to Customers 130 AFY $1,750,000 ($0*) $390,000/AFY ($0/AFY*) 1c: Rainwater and Greywater 450 AFY $191,000 ($0*) $3,400/AFY ($0/AFY*) 1d: Residential Turf Replacement 250 AFY $2,545,100 $10,250/AFY 2a: IPR (GW Recharge) 2,800 AFY $54M - $57M $2,000-$2,200/AFY 2b: IPR (Reservoir Augmentation) 2,800 AFY $94M - $118M $2,700-$3,200/AFY 2c: DPR 3,100 AFY $61M - $75M $1,700-$2,000/AFY
4,730 AFY $143M - $225M $3,000-$4,500/AFY
3: Bay Desalination 8,400 AFY $395M - $492M $3,000-$3,600/AFY Attachment 2toS&R
Page 8of 24 15,955 AFY $585M - $729M $2,600-$3,000/AFY
4: North-of-Delta Transfers 9,000 AFY $107M - $133M $3,700-$3,900/AFY Workshop #3 * Assumes developers cover all costs Policy Framework Attachment 2toS&R Page 9 of 24
Workshop #3 Recommended District Goals
. Reduce Potable Demand . 70 gallons per person per day . Increase Reuse . No discharge to Bay 300 days per year (functionally equivalent to 90% effluent reuse) . Increase Supply Portfolio Reliability & Variability . 85% deliveries once every 10 years; and . 70% deliveries once every 30 years This would be 97.5% reliability on average with a standard deviation of +/- 7%) . Increase Local Control . At least 60% of demand satisfied by local and regional supplies . Reduce Concentration Risk Attachment 2toS&R Page 10 of24 . No more than 40% of supply originates from one source
Workshop #3 Reliability of Water Supply Options
Supply Option Reliability (average) State Water Project 60% 1a: Enhanced Conservation 100% 1b: Recycled Water Direct to Customers 100% 1c: Rainwater and Greywater 100% 1d: Residential Turf Replacement 100% 2a: IPR (GW Recharge) 100% 2b: IPR (Reservoir Augmentation) 100% 2c: DPR 100%
3: Bay Desalination 100% Attachment 2toS&R Page
11 Unknown (dependent on the contract secured; of
24 4: North-of-Delta Transfers likely better reliability than through Delta water supplies Workshop #3 Overview of Alternative Water
Supply Portfolios Attachment 2toS&R Page 12 of 24
Workshop #3 Portfolio 1: Prioritizing Supply Diversification
Average cost: $1,400-2,000/AF Average Reliability: 85% Demand Management: 25,000 900 AFY $2,900/AF Non-potable Recycled 21,000 Water (21%) 20,000 State Water Project w/ IPR (13%) BDCP: 8,400 AFY 15,000 $1,100-$1,500/AF Desal (23%)
Groundwater: 645 AFY Groundwater (3%) 10,000 Desalination: 4,730 AFY $150/AF $2,500 - $3,800 / AF State Water Project (40%) IPR: 2,825 AFY 5,000 $2,000 – $3,200 /AF Demand Management/ Non-Potable RW: 4,400 AFY
Potable and Demand (AF) Non-Potable Water Conservation $485/AF Attachment 2toS&R 0 Page Proposed Portfolio 13 of 24
Workshop #3 Portfolio 1 Compared to Policy Goals
Tentative Goal Proposed Portfolio Potable Demand 70 gpcd 150 gpcd (based on UWMP 2025 demand projections) Increased Reuse 300 days (90%) 365 days (100%) Reliability 97.5% average 85% average Variability ≤7% 7% Local Control ≥60% 60% Concentration Risk ≤40% 40% Cost (Unit) $1,200 AFY (status quo) $1,400-1,800 AFY Cost (Capital) n/a $197M - $377M Attachment 2toS&R Page 14 of 24
Workshop #3 Portfolio 2: Maximizing IPR and Meeting Concentration Risk Goal
Average cost: $1,000-1,500/AF Average Reliability: 88% 25,000 Demand Management: 900 AFY $2,900/AF Non-potable Recycled 21,000 Water (21%) 20,000 State Water Project w/ IPR (40%) BDCP: 7,555 AFY 15,000 $1,100-$1,500/AF Groundwater: 645 AFY Groundwater (3%) $150/AF 10,000 IPR: 8,400 AFY $1,200 – $2,100 /AF State Water Project (36%)
5,000 Demand Management/ Non-Potable RW: 4,400 AFY Water Conservation Potable and Demand (AF) Non-Potable
$485/AF Attachment 2toS&R 0 Page Proposed Portfolio 15 of 24
Workshop #3 Portfolio 2 Compared to Policy Goals
Tentative Goal Proposed Portfolio Potable Demand 70 gpcd 150 gpcd (based on UWMP 2025 demand projections) Increased Reuse 300 days (90%) 365 days (100%) Reliability 97.5% average 88% average Variability ≤7% 6% Local Control ≥60% 64% Concentration Risk ≤40% 40% Cost (Unit) $1,200 AFY (status quo) $1,000 - $1,500/AFY Cost (Capital) n/a $121M - $225M Attachment 2toS&R Page 16 of 24
Workshop #3 Portfolio 3: Maximizing Bay Desal and Meeting Concentration Risk Goal
Average cost: $1,700-1,900/AF Average Reliability: 88% 25,000 Demand Management: 900 AFY $2,900/AF Non-potable Recycled 21,000 Water (21%) 20,000 State Water Project w/ BDCP: 7,555 AFY Desal (40%) 15,000 $1,100-$1,500/AF Groundwater: 645 AFY Groundwater (3%) $150/AF 10,000 Desalination: 8,400 AFY $2,900 - $3,400 / AF State Water Project (36%)
5,000 Demand Management/ Non-Potable RW: 4,400 AFY Water Conservation Potable and Demand (AF) Non-Potable
$485/AF Attachment 2toS&R 0 Page Proposed Portfolio 17 of 24
Workshop #3 Portfolio 3 Compared to Policy Goals
Tentative Goal Proposed Portfolio Potable Demand 70 gpcd 150 gpcd (based on UWMP 2025 demand projections) Increased Reuse 300 days (90%) ~205 days (56%) Reliability 97.5% average 88% average Variability ≤7% 6% Local Control ≥60% 64% Concentration Risk ≤40% 40% Cost (Unit) $1,200 AFY (status quo) $1,700 - $1,900/AFY Cost (Capital) n/a $328M - $408M Attachment 2toS&R Page 18 of 24
Workshop #3 Portfolio 4: Maximizing Bay Desal and Meeting Reliability Goal
Average cost: $2,200-2,500/AF Average Reliability: 100% 25,000 Demand Management: 900 AFY $2,900/AF 21,000 20,000 Groundwater: 645 AFY Non-potable Recycled $150/AF Water (21%)
15,000 Desalination: 15,955 AFY Desal (76%) $2,800 - $3,200 / AF Groundwater (3%) 10,000
Demand Management/ Water Conservation 5,000 Non-Potable RW: 4,400 AFY Potable and Demand (AF) Non-Potable $485/AF 0 Attachment 2toS&R
Page Proposed Portfolio 19 of 24
Workshop #3 Portfolio 4 Compared to Policy Goals
Tentative Goal Proposed Portfolio Potable Demand 70 gpcd 150 gpcd (based on UWMP 2025 demand projections) Increased Reuse 300 days (90%) ~205 days (56%) Reliability 97.5% average 100% average Variability ≤7% 0% Local Control ≥60% 100% Concentration Risk ≤40% 76% Cost (Unit) $1,200 AFY (status quo) $2,200 - $2,500/AFY Cost (Capital) n/a $585M - $729M Attachment 2toS&R Page 20 of 24
Workshop #3 Next Steps Attachment 2toS&R Page 21 of 24
Workshop #3 Typical Project Implementation Process Attachment 2toS&R Page 22 of 24
Workshop #3 Recommended Next Steps (for IPR and Bay Desal)
. Step 1: Develop Partnerships . Conduct series of meetings with other local and regional agencies . Zone 7, ACWD, SCVWD, DWR, SFPUC, CCCSD, EBDA agencies . Step 2: Feasibility Work . Initiate feasibility work on concepts with partners . Technical . Economic . Regulatory . Step 3: Public Outreach
. Develop plan for public outreach and initiate as feasibility work Attachment 2toS&R
Page 23 of24 moves forward
Workshop #3 DSRSD Alternative Water Supply Study Overview & Next Steps
Questions? Attachment 2toS&R Page 24 of April 21, 2015 24
Workshop #3 Agenda Item 9E
Reference Type of Action Board Meeting of Engineering Services Manager Review Draft Policy September 1, 2015 Subject Review Draft Water Supply, Storage, Conveyance, Quality and Conservation Policy
Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff D. McIntyre Board Member
Recommendation:
The Engineering Services Manager recommends the Board review a draft Water Supply, Storage, Conveyance, Quality, and Conservation policy and, by Concensus, provide comments to staff.
Summary:
On May 19, 2015, the Board adopted its Strategic Work Plan, which included Goal 2.01 to Increase the Reliability of Water Supply by Diversifying the Water Supply Portfolio. A Long Term Alternative Water Supply Study has been completed, and a proposed draft Water Supply, Storage, Conveyance, Quality, and Conservation policy (Policy) based in part on information in the Long Term Alternative Water Supply Study is submitted for Board review.
Because of the complexity of the major policy issues involved in the Policy, and in the interests of fostering greater public and stakeholder engagement, staff received Board authorization to circulate the draft Policy for public review in advance of the Board discussion, and to schedule two Board discussions of the draft Policy.
The draft Policy was made available to Zone 7, the other Tri-Valley Water retailers, the City of Dublin, the City of San Ramon, East Bay MUD, and the Central Contra Costa Sanitary District on August 24, 2015. Moreover, the draft Policy was placed on the District website, and included in a press release on August 25, 2015. The public review period is scheduled to last until October 6, 2015 when the Board is anticipated to take final action to approve the Policy. It should be noted that the East Bay Leadership Council Water Task Force will also be reviewing the draft Policy in a public forum on September 15, 2015 and providing comments to the District.
This current Board item offers an additional forum to receive stakeholder comment, and for the Board to discuss the draft Policy, suggesting any modifications that may be appropriate. When adopted, this Policy will completely supersede the existing Water Supply policy (P300-10-2).
Once a Water Supply, Storage, Conveyance, Quality and Conservation policy is adopted by the Board, it will serve as a foundational document to guide the District’s advocacy efforts and will guide development of the upcoming 2015 Urban Water Management Plan.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Not Required D. McIntyre Engineering
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $0 A. 1. DRAFT Water Supply, Storage, Conveyance, Quality and B. Conservation policy 2. Existing Water Supply policy (P300-10-2) H:\Board\2015\09-01-15\9E Water Supply and Conservation Policy\Water Supply and Conservation Policy S&R.docx 3. Attachment 1 to S & R DRAFT – 8/24/15 Water Supply, Storage, Conveyance, Quality, and Conservation Policy:
It is the policy of the Board of Directors of Dublin San Ramon Services District:
1. To meet continuously the water demands of existing customers and the needs of new development planned by the Cities of Dublin and San Ramon.
2. To maintain a safe, secure, and reliable water supply and water storage system so that the water supplied continuously meets full customer demands in no less than 85% of calendar years, and that 75% of water supplied continuously meets demands in no less than 99% of calendar years.
3. To diversify the sources of water supply so that no less than 60% of total demand (potable and recycled) is satisfied by local and regional water supplies, and that no more than 40% of total water supply (potable and recycled) comes from any one physical source.
4. To take measures to meet continuously the recycled water demands of DERWA 100% of time, which may include acquiring additional wastewater effluent supplies and/or off-season wastewater effluent storage.
5. Given the uncertainty of consistent water deliveries from the State Water Project, explore in partnership with other Tri-Valley agencies the development of an expanded or additional local water facility to supplement the groundwater basin when flows from the State Water Project are jeopardized.
6. To diversify the transmission system so that there are at least two independent conveyance systems for each water supply source to serve DSRSD’s customers, and each conveyance system in concert with local storage facilities has the capacity to convey 70% of maximum day demands for extended periods of time.
7. To actively promote water conservation for commercial and residential customers, with a long-term goal of a permanent system-wide average annual residential potable use of no more than 70 gallons per capita per day.
8. To enhance the quality of the District’s water supply.
9. With the exception of brine produced from recycling production, to discharge no treated wastewater to the Bay.
10. To seek grant opportunities and project partners so that the costs to District customers for implementing these policy objectives are acceptable.
11. To ensure that the ultimate beneficiaries of the water supply equitably participate in the funding of the costs associated with the acquisition and delivery of the water supply into the District service area.
12. These policy objectives can best be met through collaboration with the other Tri-Valley water agencies and cities, and regional water agencies.
H:\Board\2015\09-01-15\9E Water Supply and Conservation Policy\Att 1 - Water Supply, Storage, and Conservation Policy - Draft 8-24-15.docx POLICY Dublin San Ramon Services District
Policy No.: P300-10-2 Type of Policy: Operations
Policy Title: Water Supply
Policy Provides guidance for addressing the current water supply challenges Description:
Approval Date: Nov 21, 2006 Last Review Date: 2010
Approval Resolution 57-06 Next Review Date: 2014 No.:
Rescinded 5-92 Rescinded Feb 4, 1992 Resolution No.: Resolution Date:
It is the policy of the Board of Directors of Dublin San Ramon Services District:
1. To maintain, as the first and foremost water supply policy objective, a safe, secure, and reliable potable water supply to meet the needs of existing customers; 2. To enhance the quality of the potable water supply for the benefit of existing customers; 3. To secure and maintain a reliable and high-quality potable water supply to meet the needs of new development planned by the City of Dublin and City of San Ramon; 4. To secure and maintain a long-term reliable supply of wastewater effluent or adequate off-season wastewater effluent storage to ensure an adequate recycled water supply for DERWA and future customers of recycled water from the District Regional Wastewater Treatment Plant; 5. To proactively work with Zone 7, Alameda County Flood Control and Water Conservation District, to achieve and maintain the water supply policy objectives; 6. To pursue opportunities to the extent practical in partnership with Zone 7 to achieve and maintain the water supply policy objectives at the lowest possible cost to current and future customers; and 7. To ensure that the ultimate beneficiaries of the water supply equitably participate in the funding of the costs associated with acquisition and delivery of the water supply into the District service area. DSRSD Policy Page 2 of 2 Policy No.: P300-10-2 Policy Title: Water Supply
Policy is current and no changes need to be adopted by the Board of Directors. Status Quo Chronology Date Adopted Nov. 21, 2006
Reviewed by Committee Water Date_Aug. 24, 2010 Committee ______Date______Committee ______Date______Committee ______Date______
H:\Board\Policies Current\Water Supply.doc Agenda Item 9F
Reference Type of Action Board Meeting of Engineering Services Manager Confirm Participation September 1, 2015 Subject Confirm District Participation in Public Opinion Survey on Water Supply Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff D. McIntyre Board Member
Recommendation:
The Engineering Services Manager recommends the Board confirm, by Motion, District participation with partner agencies in a Tri-Valley public opinion survey on water supply.
Summary:
The Tri-Valley Water Policy Roundtable #5 was held on July 22, 2015 where the issue of elected official and Tri-Valley community support for indirect potable reuse was discussed. The elected officials at the Water Policy Roundtable #5 expressed interest in gauging public support for alternative water supplies in the Tri-Valley, including indirect potable reuse through a public opinion survey. City of Pleasanton staff offered to take the lead on facilitating such a public opinion survey. There are budgeted capital funds and pre-existing staff authorization to proceed with activities in support of developing alternate water supplies.
Staff from the City of Pleasanton, the District, Zone 7, City of Livermore, and the California Water Service Company met on August 5, 2015 and discussed logistical details of a public opinion survey on indirect potable reuse. Staff from the various agencies unanimously agreed to report back to their respective Boards and Councils and notify the Boards/Councils of the anticipated joint participation in a public opinion survey. The shared costs of the survey are preliminarily estimated at $25,000 - $40,000, to be shared equally among the participating agencies.
The Zone 7 Board is scheduled to consider approval for participation on August 19, 2015, the City of Pleasanton on September 1, 2015, and the City of Livermore on September 14, 2015. If all the elected bodies approve participating in the survey, staff from the agencies will collaborate in selecting a consultant and implementing the survey. The City of Pleasanton will take the lead on this project under the Tri-Valley Intergovernmental Reciprocal Services Master Agreement. Results from the survey are expected in October or November and will be reported back at an anticipated Tri-Valley Water Policy Roundtable #6 later in the year, and to the Board of Directors.
This activity is supportive of Strategic Work Plan Task 2.01.06 of developing an indirect potable reuse project concept in partnership with one or more Tri-Valley partners. It also addresses Strategic Work Plan Task 3.02.01 of implementing task orders involving the District under a Reciprocal Services Agreement through this project partnership.
The cost of the public opinion survey will be funded by Water Supply Reliability Project (CIP 16-W009). Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Not Required D. McIntyre Engineering DM
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $10,000 estimated A. Water Replacement (Fund 610) - 65% 1. District portion B. Water Expansion (Fund 620) - 35% 2. 3. H:\Board\2015\09-01-15\9F Polling Research\Polling Research S&R.docx Agenda Item 9G
Reference Type of Action Board Meeting of Engineering Services Manager Approve Water Supply Assessment September 1, 2015 Subject Approve Kaiser Permanente Dublin Medical Center Water Supply Assessment Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff D. McIntyre Board Member
Recommendation:
The Engineering Services Manager recommends that the Board approve, by Resolution, the Water Supply Assessment for the Kaiser Permanente Dublin Medical Center Project.
Summary:
Kaiser Foundation Hospitals has requested a water supply assessment for the Kaiser Permanente Dublin Medical Center Project (Project). The Project is undergoing planning review with the City of Dublin (City). The Project map is included (Attachment 1). The proposed land use program for the Project shows up to 1,200,000 square feet of facilities associated with the medical center, which includes medical offices, a cancer center, an energy center, commercial space and parking structure. The City determined that a project-specific water supply assessment in accordance with SB 610 is required for this Project. Kaiser submitted a letter to the District requesting a water supply assessment on May 6, 2015 (Attachment 2). In accordance with SB 610, the District needs to complete the study and its Board needs to approve it within 90 days of the request (August 4, 2015) unless the City allows a 30-day extension. The City requested a 30-day extension to allow for review and comment on the Water Supply Assessment.
With the assistance of West Yost Associates, the SB 610 Water Supply Assessment for the Project was completed. In the Water Supply Assessment for Kaiser Dublin Development Plan (WSA, Exhibit “A” to Resolution), proposed land uses specific to the Project were considered. The WSA finds that the District has sufficient water supply for the proposed project. Details are discussed in the attached staff report.
City of Dublin Staff and Kaiser Foundation Hospitals have reviewed the WSA and their comments have been addressed in the finalized WSA.
SB 610 requires that the Board approve this WSA. Upon approval, the WSA will be delivered to the City and the developer for their use in the planning review of the project.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Yes R. Biagtan Engineering DM
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $0 A. 1. Kaiser Permanente Dublin Medical Center Map B. 2. Written Request from Kaiser Permanente 3. Kaiser Dublin Development Plan WSA PowerPoint H:\Board\2015\09-01-15\9G Kaiser WSA Approval\Kaiser WSA - SR.docx RESOLUTION NO. ______
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT APPROVING THE WATER SUPPLY ASSESSMENT FOR THE KAISER DUBLIN DEVELOPMENT PLAN
WHEREAS, under State law SB 610, development projects consisting of residential projects with greater than 500 units and commercial projects employing more than 1,000 persons or having greater than 250,000 square feet require a formal water supply assessment prior to project approval; and
WHEREAS, the proposed Kaiser Permanente Dublin Medical Center Project (Project) consists of up to 1,200,000 square feet of facilities associated with the medical center, including medical offices, a cancer center, an energy center, commercial space and parking structure, and meets the project description that requires an SB 610 Water Supply Assessment; and
WHEREAS, the Project is undergoing planning review with the City of Dublin; and
WHEREAS, Kaiser Foundation Hospitals submitted a letter to the District requesting a water supply assessment on May 6, 2015; and
WHEREAS, the District has completed the SB 610 Water Supply Assessment (WSA) for the Project; and
WHEREAS, SB 610 requires that the District approve the WSA for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
DUBLIN SAN RAMON SERVICES DISTRICT, a public agency located in the counties of
Alameda and Contra Costa, California, that the Water Supply Assessment for the Kaiser Dublin
Development Plan, attached hereto and incorporated herein as Exhibit “A” is hereby approved. Res. No. ______
ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, counties of Alameda and Contra Costa, at its regular meeting held on the 1st day of September 2015, and passed by the following vote:
AYES:
NOES:
ABSENT:
______Edward R. Duarte, President
ATTEST: ______Nicole Genzale, District Secretary
H:\Board\2015\09-01-15\Kaiser WSA Approval\Kaiser WSA Approval - Resolution.docx
2 FINAL
Water Supply Assessment for Kaiser Dublin Development Plan
Prepared for Dublin San Ramon Services District
August 2015
406-12-15-40 (THIS PAGE LEFT BLANK INTENTIONALLY) KAISER DUBLIN DEVELOPMENT PLAN WATER SUPPLY ASSESSMENT FINAL REPORT
Prepared for Dublin San Ramon Services District
August 2015
406-12-15-40
Elizabeth Drayer (THIS PAGE LEFT BLANK INTENTIONALLY) Table of Contents
Executive Summary ...... 1 Purpose of Water Supply Assessment ...... 1 Proposed Project Overview ...... 1 Projected Potable and Recycled Water Demands for the Proposed Project ...... 1 Potable Water Supply Availability and Reliability ...... 2 Recycled Water Supply Availability and Reliability ...... 4 1.0 Introduction ...... 5 Need for and Purpose of Water Supply Assessment ...... 5 Report Format and Organization ...... 6 2.0 Description of Proposed Project ...... 7 Proposed Project Location ...... 7 Proposed Project Land Use ...... 7 Projected Water Demand ...... 8 2.3.1 Overall Water Use Assumptions ...... 8 2.3.2 Water Use Factors ...... 8 2.3.3 Calculation of Potable and Recycled Water Demands ...... 9 3.0 Required SB 610 Determinations ...... 12 Does SB 610 apply to the Proposed Project? ...... 12 Who is the Responsible Public Water System? ...... 13 Does DSRSD have an Adopted Urban Water Management Plan (UWMP) and Does the UWMP Include the Projected Water Demand for the Proposed Project? ...... 13 4.0 DSRSD Water Demands...... 16 Historical Potable and Recycled Water Demands...... 16 Projected Future Potable and Recycled Water Demands ...... 17 5.0 DSRSD Water Supplies ...... 19 Water Supply Overview ...... 20 DSRSD Potable Water Supplies from Zone 7 ...... 20 5.2.1 State Water Project (SWP) ...... 21 5.2.1.1 Table A Allocation ...... 21 5.2.1.2 Article 21 Water (Interruptible or Surplus Water) ...... 21 5.2.1.3 Article 56d Water (SWP Multi-Year Pool) ...... 22 5.2.1.4 Yuba Accord ...... 22 5.2.2 Byron Bethany Irrigation District ...... 22 Local Surface Water Runoff ...... 22 Local Storage ...... 23 5.4.1 Lake Del Valle ...... 23 5.4.2 Livermore Valley Groundwater Basin ...... 23 5.4.3 Chain of Lakes – Lake I and Cope Lake ...... 23
i Dublin San Ramon Services District August 2015 Water Supply Assessment for o\c\406\12-15-40\wp\071415_1RWSAKaiser Kaiser Dublin Development Plan Table of Contents
Non-Local Storage ...... 24 5.5.1 Semitropic Water Storage District ...... 24 5.5.2 Cawelo Water District ...... 24 Groundwater Supply ...... 25 5.6.1 DSRSD Groundwater Pumping Quota ...... 25 5.6.2 Historical and Projected Future Pumpage ...... 25 5.6.3 Groundwater Basin Description ...... 26 5.6.4 Groundwater Quantity ...... 26 5.6.4.1 Artificial Recharge ...... 26 5.6.4.2 Current Sustainable Yield and Groundwater Pumping Quotas ...... 27 5.6.4.3 New Wells ...... 28 5.6.5 Groundwater Quality ...... 28 Reliability Intertie with EBMUD ...... 29 Recycled Water ...... 29 Summary of Current and Projected Future Water Supplies ...... 31 6.0 Water Supply Reliability ...... 32 Potable Water Supply Reliability ...... 32 6.1.1 Zone 7 Reliability Policy for Municipal & Industrial Water Supplies ...... 32 6.1.2 Zone 7 Water Supply Reliability ...... 33 6.1.3 DSRSD Water Supply Reliability ...... 34 Recycled Water Supply Reliability ...... 38 7.0 Determination of Water Supply Sufficiency Based on the Requirements of SB 610 ...... 39 Potable Water Supply Sufficiency ...... 39 Recycled Water Supply Sufficiency ...... 41 8.0 Water Supply Assessment and Verification Approval Process...... 42 9.0 References ...... 43
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Table of Contents
List of Tables
Table 1. Land Use Summary for Proposed Project(a) ...... 7 Table 2. Projected Potable and Recycled Water Demand for the Proposed Project ...... 9 Table 3. Does the Proposed Project Meet the SB 610 Definition of a “Project”? ...... 12 Table 4. Projected Potable and Recycled Water Demand for the Proposed Project Site as Included in the DSRSD 2010 UWMP(a) ...... 13 Table 5. Summary of Projected Potable and Recycled Water Demands for the Proposed Project ...... 14 Table 6. Potable and Recycled Water Demand within DSRSD’s Service Area in the Last Five Years ..... 16 Table 7. Projected Potable and Recycled Water Demand within DSRSD’s Service Area as Presented in DSRSD’s 2010 UWMP ...... 17 Table 8. Groundwater Pumped by Zone 7 on DSRSD’s Behalf ...... 25 Table 9. Groundwater Projected to be Pumped by Zone 7 on DSRSD’s Behalf ...... 26 Table 10. Current and Projected Future Water Supplies as Presented in the DSRSD 2010 UWMP ...... 31 Table 11. DSRSD Water Supply and Demand Comparison – Normal Year ...... 35 Table 12. DSRSD Water Supply and Demand Comparison – Single Dry Year ...... 36 Table 13. DSRSD Water Supply and Demand Comparison – Multiple Dry Year ...... 37
List of Figures
Figure 1. Proposed Project Location ...... 10 Figure 2. Kaiser Dublin Development Plan ...... 11 Figure 3. DSRSD Wastewater and Water Service Areas ...... 15
List of Attachments
Attachment A: Memorandum of Understanding between Dublin San Ramon Services District and Zone 7 for Cooperative Effort Regarding Groundwater Demineralization and Storage within the Livermore-Amador Valley (dated April 20, 2004) Attachment B: Zone 7 Water Agency Resolution No. 13-4230 Water Supply Reliability Policy (adopted October 17, 2012)
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List of Acronyms and Abbreviations
Af Acre-feet af/ac/yr Acre-feet per acre per year af/yr Acre-feet per year BBID Byron Bethany Irrigation District Bgs Below ground surface CEQA California Environmental Quality Act City City of Dublin DERWA DSRSD-EBMUD Recycled Water Authority District, Dublin San Ramon Services District DSRSD Du Dwelling unit DWR California Department of Water Resources EBMUD East Bay Municipal Utility District EIR Environmental Impact Report
ETo Evapotranspiration FAR Floor Area Ratio GMP Groundwater Management Plan Gpcd Gallons per capita per day Gpd Gallons per day Gpm Gallons per minute GPQ Groundwater Pumping Quota IQ Independent pumping quota M&I Municipal and industrial MFUV Microfiltration Ultraviolet treatment facilities Mgd Million gallons per day mg/L Milligrams per liter MOU Memorandum of Understanding Msl Mean sea level RWQCB Regional Water Quality Control Board RWTF Recycled Water Treatment Facilities SB 221 California State Senate Bill 221 of 2001 SB 610 California State Senate Bill 610 of 2001 SBA South Bay Aqueduct Sf Square feet SFTF Sand Filtration Treatment Facilities SFUV Sand Filtration Ultraviolet treatment facilities STWSD Semitropic Water Storage District SWP State Water Project TBD To be determined
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TDS Total Dissolved Solids UWMP Urban Water Management Plan West Yost West Yost Associates WSA Water Supply Assessment Zone 7 Zone 7 Alameda County Flood Control & Water Conservation District
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EXECUTIVE SUMMARY
Purpose of Water Supply Assessment
The purpose of this Water Supply Assessment (WSA) is to perform the evaluation required by California Water Code sections 10910 through 10915, as established by Senate Bill 610 (SB 610), in connection with the proposed Kaiser Dublin Development Project (Proposed Project) to be located within the Dublin San Ramon Services District (DSRSD) water service area. This WSA evaluates the adequacy of DSRSD’s total projected water supplies to meet the DSRSD’s existing and projected future water demands, including those water demands associated with the Proposed Project, under all hydrologic conditions (Normal Years, Single Dry Years, and Multiple Dry Years).
Proposed Project Overview
The Proposed Project is located in Dublin, California and consists of development of a 59-acre site located on the south side of Dublin Boulevard just east of Grafton Station. The Proposed Project site is bounded by Dublin Boulevard to the north, Grafton Station to the west, Interstate 580 to the south, and the Fallon Gateway Shopping Center to the east.
The Proposed Project is a new, mixed-use medical and commercial development project. The Proposed Project consists of 950,000 square feet of multi-story medical office and medical services buildings (including an energy center) and 250,000 square feet of multi-story commercial development, along with a multi-level parking structure and energy center. The Proposed Project will be developed in phases over a period of several years.
Projected Potable and Recycled Water Demands for the Proposed Project
The projected potable and recycled water demands for buildout of the Proposed Project have been estimated as follows:
Potable Water Demand = 112 acre-feet per year (af/yr) Recycled Water Demand = 29 af/yr
The potable water demand calculated for the Proposed Project (112 af/yr) is 18 af/yr higher than the potable water demand included in the DSRSD 2010 Urban Water Management Plan (UWMP) (94 af/yr) for the Proposed Project site, and the recycled water demand calculated for the Proposed Project (29 af/yr) is 23 af/yr higher that the recycled water demand included in the DSRSD 2010 UWMP (6 af/yr) for the Proposed Project site.
However, as described in this WSA, sufficient potable and recycled water supplies will be available to meet the projected water demands for the Proposed Project due to changes in land uses and planned development within the City of Dublin that have occurred since 2010, and the implementation of recycled water projects in established parts of DSRSD’s service area, which have resulted in a reduction of DSRSD’s ultimate potable water demand.
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Potable Water Supply Availability and Reliability
As described in this WSA, although the projected potable water demand for the Proposed Project is slightly more than that included for the Proposed Project site in the DSRSD 2010 UWMP, sufficient potable water supplies are anticipated to be available to meet the projected water demands for the Proposed Project.
Zone 7 is DSRSD’s sole potable water supplier and Zone 7 is aggressively planning for water supply programs and projects to meet the water demands of its customers through buildout of adopted general plans. With Zone 7’s planned programs and projects implemented, DSRSD anticipates sufficient water supply for approved planned projects in its service area. However, as described in DSRSD’s 2010 UWMP, if Zone 7’s planned programs and projects are not implemented, DSRSD anticipates the following:
Approximately 3 percent water supply shortage starting 2030 during Normal years; Approximately 1 percent water supply shortage starting 2030 during a Single Dry year; For a Multiple Dry year event that starts in 2025, DSRSD will receive 100 percent of its total potable demand in the first year, 100 percent of its total potable demand in the second year, and 72 percent of its total potable water demand (28 percent water shortage) in the third year; For a Multiple Dry year event that starts in 2030, DSRSD will receive 98 percent of its total potable water demand (2 percent water shortage) in the first year, 100 percent of its total potable demand in the second year, and 69 percent of its total potable water demand (31 percent water shortage) in the third year; and For a Multiple Dry year event that starts in 2035, DSRSD will receive 98 percent of its total potable water demand (2 percent water shortage) in the first year, 100 percent of its total potable demand in the second year, and 69 percent of its total potable water demand (31 percent water shortage) in the third year.
For the Multiple Dry year events shown above, the higher water supply availability during the second year of each multiple dry year scenario is primarily due to the occurrence of a wet year in the midst of the dry year sequence that was used in Zone 7’s water supply model1.
The Zone 7 Board of Directors adopted a revised water supply reliability policy on October 17, 2012, which includes the following level of service goals:
Meet 85 percent of M&I water demands 99 percent of the time; Meet 100 percent of M&I water demands 90 percent of the time; and
1 Section 5.1.2.3 Zone 7 Water Supply Reliability and Section 5.1.2.4 DSRSD Water Supply Reliability, DSRSD 2010 Urban Water Management Plan, June 2011.
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Meet at least 80 percent of the maximum month demand during an extended unplanned outage.
This revised reliability policy does not change the amount of water supply available to the Zone 7 retailers2 under Normal, Single Dry or Multiple Dry years. Rather, it provides Zone 7 with the additional flexibility and time necessary to evaluate, develop, and implement cost-effective solutions necessary to allow Zone 7 to continue to provide a reliable, high-quality water supply to its customers in the face of an uncertain water supply future. Changing the third goal to reflect a prolonged outage on the maximum month instead of the maximum day should allow Zone 7 to develop more cost-effective solutions to major, prolonged outages, while also providing the time necessary to communicate with and obtain a response from the retailers.
Projected future potable water demand within DSRSD’s service area is projected to be less than what was projected in the 2010 UWMP due to changes in land uses and planned development within the City of Dublin that have occurred since 20103, and the implementation of recycled water projects in established parts of DSRSD’s service area, which results in a reduction of DSRSD’s ultimate potable water demand. The DSRSD 2015 Water System Master Plan Update, currently being prepared, provides updated potable water demand projections for the DSRSD service area as follows:
For 2020, the potable water demand is projected to be 13,690 af/yr (2,310 af/yr less than projected in the 2010 UWMP); and For 2035, the potable water demand is now projected to be 15,840 af/yr (2,660 af/yr less than projected in the 2010 UWMP).
A major reason for this reduced future potable water demand is the permanent conversion of existing potable water irrigated landscapes to recycled water and the planned expansion of the recycled water system (both treatment and distribution facilities) to provide for additional recycled water use within DSRSD’s service area in the future.
DSRSD plans to continue to manage and further reduce its potable water demands through additional conservation efforts and continued implementation of its recycled water program. The District’s 2010 UWMP and this WSA are intended to be long-term planning documents evaluating the future availability of water supplies to meet projected water demands under various hydrologic conditions. However, if supply shortages do occur in the future, DSRSD may have to invoke its Water Shortage Contingency and Drought Plan, as described in its 2010 UWMP, as it has in response to the current drought conditions and the Governor’s April 2015 Executive Order for mandatory statewide water conservation (the District is currently in Stage 2 of its Water Shortage Contingency and Drought Plan).
2 Zone 7’s water retailers include DSRSD, City of Livermore, City of Pleasanton and California Water Service Company Livermore District. 3 Changes in land use include the reduction of the actual number of residential units developed (vs. expected) on several projects in Eastern Dublin including at the Transit Center, in Jordan Ranch, and at the parcel south of The Groves (“Lot 3”).
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Therefore, pursuant to Water Code section 10910(c)(4), and based on the technical analyses described in this WSA and the DSRSD 2010 UWMP, DSRSD anticipates sufficient potable water supply for approved planned projects in its service area, including the Proposed Project, during Normal, Single Dry, and Multiple Dry water years for a 20-year projection if Zone 7’s planned programs and projects are implemented. If Zone 7’s planned programs and projects are not implemented, the Proposed Project would be subject to the same water conservation measures and water use restrictions as DSRSD’s other existing and future potable water customers as included in DSRSD’s Water Shortage Contingency and Drought Plan and water use regulations in DSRSD’s Code of Ordinances.
Recycled Water Supply Availability and Reliability
As described in this WSA, although the projected recycled water demand for the Proposed Project is slightly more than that included for the Proposed Project site in the DSRSD 2010 UWMP, sufficient recycled water supplies are anticipated to be available to meet the projected water demands for the Proposed Project. Furthermore, DSRSD’s recycled water supply is reliable under Normal, Single Dry, and Multiple Dry water years.
DSRSD is currently conducting a recycled water study in coordination with the DSRSD-EBMUD Recycled Water Authority (DERWA) to evaluate future recycled water needs and opportunities within DSRSD’s service area and within the Tri-Valley area in coordination with the cities of Pleasanton and Livermore. In November 2014, the California Department of Water Resources (DWR) announced an award of a $4 million grant to expand the San Ramon Valley Recycled Water Program (SRVRWP). The expansion of recycled water treatment and distribution facilities, which is in progress, will bring recycled water for landscape irrigation to the Santa Rita Jail and Federal Correctional Institution in central Dublin areas and west of Interstate 680 in Dublin. Also in 2014, the City of Pleasanton signed an agreement with DERWA that allows its treated wastewater to be used to produce recycled water. The agreement paves the way for a recycled water program in the City of Pleasanton and expansion of the SRVRWP water recycling plant to meet future needs within DSRSD and throughout the Tri-Valley area.
Therefore, pursuant to Water Code section 10910(c)(4), and based on the technical analyses described in this WSA and the DSRSD 2010 UWMP, DSRSD finds that the projected recycled water demands for the Proposed Project can be met by DSRSD during Normal, Single Dry, and Multiple Dry water years for a 20-year projection.
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1.0 INTRODUCTION
Need for and Purpose of Water Supply Assessment
California Senate Bill 610 (SB 610) and SB 221 were approved by Governor Gray Davis in 2001 and made effective January 1, 2002. SB 610 and SB 221 amended state law to improve the link between information on water supply availability and certain land use decisions made by cities and counties. Specifically, certain sections of the California Water Code and Government Code were amended to require coordination between land use lead agencies and public water purveyors. The purpose of this coordination is to ensure that prudent water supply planning has been conducted, and that planned water supplies are adequate to meet existing demands, anticipated demands from approved projects and tentative maps, and the demands of proposed projects.
SB 610 and SB 221 require the following:
SB610 amended Water Code sections 10910 through 10915 (inclusive) to require land use lead agencies to: (1) identify the responsible public water purveyor for a proposed development project; and (2) request from the responsible purveyor, a Water Supply Assessment (WSA). The purpose of the WSA is to demonstrate the sufficiency of the purveyors’ water supplies to satisfy the water demands of the Proposed Project, while still meeting the current and projected water demands of existing customers. Water Code sections 10910 through 10915 delineate the specific information that must be included in the WSA. SB 221 amended State law to require that approval by a city or county of certain residential subdivisions4 requires an affirmative written verification of sufficient water supply. SB221 was intended as a fail-safe mechanism to ensure that collaboration on finding the needed water supplies to serve a new large residential subdivision occurs before construction begins.
The City of Dublin has requested that the Dublin San Ramon Services District (DSRSD) prepare a WSA as required by Water Code sections 10910 through 10915 in connection with the proposed Kaiser Dublin Development Project (Proposed Project). It is not to reserve water, or to function as a “will serve” letter or any other form of commitment to supply water (see Water Code section 10914). The provision of water service will continue to be undertaken in a manner consistent with applicable DSRSD policies and procedures, and existing state law. Because the Proposed Project does not include residential development, SB 221 does not apply to the Proposed Project.
This WSA for the Proposed Project has been prepared by West Yost Associates (West Yost), as requested by DSRSD, the responsible water purveyor for the Proposed Project.
4 Per Government Code Section 66473.7(a)(1) subdivision means a proposed residential development of more than 500 dwelling units.
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Report Format and Organization
The format of this WSA is intended to follow Water Code sections 10910 through 10915 to clearly delineate compliance with the specific requirements of SB 610. This document includes the following sections:
Section 1: Introduction Section 2: Description of Proposed Project Section 3: Required SB 610 Determinations Section 4: DSRSD Water Demands Section 5: DSRSD Water Supplies Section 6: Water Supply Reliability Section 7: Determination of Water Supply Sufficiency Based on the Requirements of SB 610 Section 8: Water Supply Assessment and Verification Approval Process
Relevant citations of Water Code sections 10910 through 10915 are included throughout this WSA in italics to demonstrate compliance with the requirements of SB 610.
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2.0 DESCRIPTION OF PROPOSED PROJECT
Proposed Project Location
The Proposed Project is located in the City of Dublin (City) in Alameda County, California and consists of approximately 59 acres located on the south side of Dublin Boulevard just east of Grafton Station. The Proposed Project site is bounded by Dublin Boulevard to the north, Grafton Station to the west, Interstate 580 to the south, and the Fallon Gateway Shopping Center to the east (see Figure 1).
Proposed Project Land Use
The Proposed Project is a new, mixed-use medical and commercial development project. The Proposed Project consists of 950,000 square feet of multi-story medical office and medical services buildings (includes energy center) and 250,000 square feet of multi-story commercial development, along with a multi-level parking structure and energy center (see Figure 2). The Proposed Project is proposed to be developed in phases beginning in 2016, with planned completion by 2040. It should be noted, however, that this WSA only evaluates full buildout of the Proposed Project, not individual development phases.
Table 1 provides a summary of the proposed land uses for the Proposed Project.
Table 1. Land Use Summary for Proposed Project(a)
Phase and Development Gross Building Year Land Use Designation Area, acres Square Footage, sf
1A Medical Office Building 1 175,000 (2016-2020) Cancer Center 45,000
2 High-Acuity Medical Services Building 400,000 42.88 (2025-2035) Energy Center 50,000
3 Parking Structure --- (2035-2040) Medical Office Building 2 280,000 1B Commercial 15.85 250,000 (2016-2020) Total 58.73 1,200,000 (a) Based on Kaiser Dublin Development Plan Site Plan prepared by SmithGroup JJR, dated July 14, 2015.
The current land use designation for the Proposed Project area in the City of Dublin General Plan is Commercial/Industrial (Campus Office) (based on the City’s General Plan Land Use map last updated September 16, 2014). The Proposed Project is located within the City’s Eastern Dublin Specific Plan area and straddles two of the Specific Plan planning subareas: the western portion of the site (Phase 1B Commercial) lies within the Tassajara Gateway Planning Subarea and the
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eastern portion of the site (Phases 1A, 2 and 3 medical facilities) lies within the Fallon Gateway Planning Subarea.
Projected Water Demand
2.3.1 Overall Water Use Assumptions
Projected water demands for the Proposed Project have been calculated based on the following overall water use assumptions:
All interior water demands will be met using potable water supplies from DSRSD; and Exterior landscape irrigation water demands will be met using recycled water supplies from DSRSD.
Per information provided by Balance Hydrologics for the Proposed Project, recycled water may also be used for non-potable indoor uses when compatible with health and safety needs and regulations, but this has not yet been decided by the Proposed Project planners. Therefore, to provide conservative estimates of potable water use for this WSA, all interior water use for the Proposed Project is assumed to be from potable water supplies.
2.3.2 Water Use Factors
Based on the currently proposed land uses for the Proposed Project, the projected potable and recycled water demands for the Proposed Project have been calculated by Balance Hydrologics. DSRSD has adopted standard unit water use factors for use in projecting potable and recycled water demands at a planning level based on proposed land uses for future development projects. However, due to the unique nature of the Proposed Project development and availability of specific planning information on building square footages, specific water use factors obtained from similar types of facilities have been used to estimate the water demand for the Proposed Project.
The unit potable water demand factors assumed for the Proposed Project range from 20 to 45 gallons per square foot per year (equivalent to about 0.5 to 0.12 gallons per day per square foot (gpd/sf)) based on information provided by Balance Hydrologics (which cites water use data obtained from the Registered Architect for Kaiser Permanente in March 2015). As a comparison, DSRSD’s current unit potable water demand factors for commercial/industrial land uses range from 0.6 gpd/sf for Business Park land uses to 0.14 gpd/sf for Commercial Retail land uses5.
Recycled water will be used for all exterior landscape irrigation, assuming 20 percent of the overall parcel acreage will be landscaped and irrigated. A unit recycled water use factor of 2.5 acre-feet per acre per year (af/ac/yr) has been assumed for the Proposed Project by Balance Hydrologics
5 From Draft DSRSD 2015 Water System Master Plan, Chapter 3 Existing and Projected Potable Water Demands, prepared by West Yost Associates.
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based on planned landscaping and plant types. As a comparison, DSRSD’s current unit recycled water demand factor for general landscape irrigation is 3.0 af/ac/yr6.
2.3.3 Calculation of Potable and Recycled Water Demands
As shown in Table 2, based on the unit water demand factors discussed above, the calculated water demands for buildout of the Proposed Project are as follows:
Potable Water Demand = 112 af/yr Recycled Water Demand = 29 af/yr
Table 2. Projected Potable and Recycled Water Demand for the Proposed Project
Potable Water Use Recycled Water Use Water Use Annual Annual Factor, Potable Water Use Recycled Area, Building gallons/ Water Use, Factor, Water Use, Phase Building acres Floor Area, sf year/sf(a) af/yr af/ac/yr(a) af/yr(b) 1A Medical Office Building 1 175,000 25 13.4 10 2.5 5.0 Cancer Center 45,000 44 6.1 1B Commercial 16 250,000 20 15.3 2.5 7.9 2 High-Acuity Medical 400,000 45 55.2 Services Building 22 2.5 11.0 Energy Center 50,000 0 0 3 Medical Office Building 2 11 280,000 25 21.5 2.5 5.5 Totals 59 1,200,000 111.5 29.4 (a) Based on water use factors assumed by Balance Hydrologics for the Proposed Project. (b) Assumes 20 percent of the parcel acreage will be irrigated using recycled water.
6 From Draft DSRSD 2015 Water System Master Plan, Chapter 3 Existing and Projected Potable Water Demands, prepared by West Yost Associates.
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3.0 REQUIRED SB 610 DETERMINATIONS
Does SB 610 apply to the Proposed Project?
10910 (a) Any city or county that determines that a project, as defined in Section 10912, is subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) under Section 21080 of the Public Resources Code shall comply with this part. 10912 (a) “Project” means any of the following: A proposed residential development of more than 500 dwelling units. A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space. A proposed hotel or motel, or both, having more than 500 rooms. A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. A mixed-use project that includes one or more of the projects specified in this subdivision. A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500-dwelling unit project.
As shown in Table 3, the Proposed Project does meet the definition of a “Project” as specified in Water Code section 10912(a)(7) and therefore SB 610 does apply to the Proposed Project. The Proposed Project has not been the subject of a previously adopted WSA and has not been included in an adopted WSA for a larger project. Therefore, according to Water Code section 10910(a), a WSA is required for the Proposed Project. As noted previously, because the Proposed Project does not include residential development, SB 221 does not apply to the Proposed Project.
Table 3. Does the Proposed Project Meet the SB 610 Definition of a “Project”?
Meets the SB 610 SB 610 Project Definition Components Proposed Project Quantity Definition of a “Project”? Residential > 500 dus -- NO Retail > 1,000 employees or > 500,000 sf -- NO Commercial Office Building > 1,000 250,000 sf of Commercial and employees or > 250,000 sf 950,000 sf of Medical Office YES Buildings Hotel/Motel > 500 rooms -- NO Industrial Plant/Park > 1,000 employees or > -- NO 40 acres or > 650,000 sf Mixed Use Project that includes one or more Commercial and Medical Office YES of the above Buildings A Project that would demand the amount of -- See footnote(a) water required by a 500-dwelling unit project SB 610 Required? YES (a) Depends on assumed density of the 500-dwelling unit project. Proposed Project potable water demand (112 af/yr) is higher than water demand for 500 units of High Density Residential, but lower than water demand for 500 units of Medium Density Residential.
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The City of Dublin has also determined that the Proposed Project is subject to the California Environmental Quality Act (CEQA) and that an Environmental Impact Report (EIR) is required.
Who is the Responsible Public Water System?
10910(b) The city or county…shall identify any water system that…may supply water for the project.
The Proposed Project is located within the Eastern Dublin Specific Plan area of the City of Dublin. DSRSD’s water system service area includes all areas within the City of Dublin (including Central Dublin, Eastern Dublin, and Western Dublin), Camp Parks, and the Dougherty Valley area in Contra Costa County (see Figure 3). DSRSD also currently treats and distributes recycled water to water customers in its service area. Therefore, DSRSD is the responsible public water system for the Proposed Project.
Does DSRSD have an Adopted Urban Water Management Plan (UWMP) and Does the UWMP Include the Projected Water Demand for the Proposed Project?
10910(c)(1) The city or county…shall request each public water system identified pursuant to subdivision (b) to determine whether the projected water demand associated with a proposed project was included in the most recently adopted urban water management plan adopted pursuant to Part 2.6 (commencing with Section 10610).
DSRSD’s 2010 UWMP was adopted by the DSRSD Board of Directors in June 2011. The DSRSD 2010 UWMP included existing and projected water demands for existing and projected future land uses within DSRSD’s service area.
DSRSD’s 2010 UWMP assumed a future mixed-use development for the Proposed Project site, including commercial, industrial and residential land uses. Table 4 provides a summary of the potable and recycled water demand included in the DSRSD 2010 UWMP for the Proposed Project site.
Table 4. Projected Potable and Recycled Water Demand for the Proposed Project Site as Included in the DSRSD 2010 UWMP(a)
Potable Water Use Recycled Water Use Annual Annual Square Potable Potable Water Use Recycled Footage/ Water Use Water Use, Factor, Water Use, Land Use Designation Dwelling Units Factor af/yr af/ac/yr af/yr(b) Commercial (Office) 455,000 sf 0.1 gpd/sf 51 -- 0 Industrial (Business Park) 55,000 sf 0.1 gpd/sf 6 -- 0 Residential (High Density) 286 DU 115 gpd/DU 37 (b) 6 Totals 94 6 (a) Potable Demand Spreadsheet provided by DSRSD (Potable Demand 2013B with Corrected Camp Parks Water Demand Entries, March 2013). (b) Based on Estimated Irrigation Area (25%) Irrigated with Recycled Water (80%) x Unit Demand (48 in/yr) x Plant Factor (0.9).
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Table 5 provides a summary of the currently projected potable and recycled water demands for the Proposed Project as compared to those included in the DSRSD 2010 UWMP.
Table 5. Summary of Projected Potable and Recycled Water Demands for the Proposed Project
Potable Recycled Water Water Demand, Demand, Source Document Land Use Assumptions af/yr af/yr Based on Mixed Use Industrial, DSRSD 2010 UWMP (June 2011) Commercial and Residential 94 6 Development (see Table 4) Water Demand Estimates for the Based on Mixed Use Commercial Kaiser Dublin Development Plan and Medical Office Development 112 29 prepared by Balance Hydrologics (see Table 2) (2015) Increase (+) or Decrease (-) from + 18 + 23 DSRSD 2010 UWMP
In summary, the potable water demand calculated for the Proposed Project (112 af/yr) is 18 af/yr higher than the potable water demand included in the DSRSD 2010 UWMP (94 af/yr) for the Proposed Project site, and the recycled water demand calculated for the Proposed Project (29 af/yr) is 23 af/yr higher that the recycled water demand included in the DSRSD 2010 UWMP (6 af/yr) for the Proposed Project site.
However, as described in this WSA, sufficient potable and recycled water supplies will be available to meet the projected water demands for the Proposed Project due to changes in land uses and planned development within the City of Dublin that have occurred since 20107, and the implementation of recycled water projects in established parts of DSRSD’s service area, which results in a reduction of DSRSD’s ultimate potable water demand.
7Changes in land use include the reduction of the actual number of residential units developed (vs. expected) on several projects in Eastern Dublin including at the Transit Center, in Jordan Ranch, and at the parcel south of The Groves (“Lot 3”).
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4.0 DSRSD WATER DEMANDS
10910(c)(2) If the projected water demand associated with the proposed project was accounted for in the most recently adopted urban water management plan, the public water system may incorporate the requested information from the urban water management plan in preparing the elements of the assessment required to comply with subdivisions (d), (e), (f), and (g).
Historical Potable and Recycled Water Demands
DSRSD’s actual potable and recycled water demands for the last five years are presented in Table 6.
Table 6. Potable and Recycled Water Demand within DSRSD’s Service Area in the Last Five Years
Year 2010 2011 2012 2013 2014 Potable Water Demand, af/yr(a,b) 9,262 9,565 10,264 11,224 8,549 Recycled Water Demand, af/yr(c,d) 1,695 1,916 2,012 2,401 2,166 (a) Based on water purchases from Zone 7. (b) Source: Standard Water Audit - 12 Dec 2013.xls and Standard Water Audit - 12 Dec 2014.xls received from District. (c) Includes only recycled water deliveries within DSRSD’s service area. Does not include recycled water sales to other water agencies. (d) Source: RW Standard Water Audit – 12 December 2014.xls received from District.
As shown in Table 6, DSRSD’s potable water demands in 2014 were significantly lower than in previous years, and are significantly lower than what was projected in DSRSD’s 2010 UWMP (see Section 4.2 below). This reduction was due to water conservation efforts by DSRSD’s customers in response to severe drought conditions and also due to increased use of recycled water as a result of the conversion of existing landscaped areas from potable water irrigation to recycled water irrigation. Since the introduction of recycled water supply to DSRSD’s water service area, many of DSRSD’s irrigation services, which have historically used potable water, have been converted to the recycled water system to permanently reduce ultimate potable water use. In 2014, DSRSD moved 34 large irrigation customers off potable water and hooked them up permanently to recycled water. Potable water demands for 2015 are also anticipated to continue to be lower than in previous years due to increased water conservation efforts and increased recycled water use in response to statewide mandated water conservation in accordance with the Governor’s April 2015 Executive Order (in June 2015, DSRSD’s customers reduced water demands by 43.5 percent as compared to June 2013).
DSRSD’s recycled water demands have increased in recent years due to the expansion of DSRSD’s recycled water distribution system and the addition of new recycled water customers. In 2014, over 20 percent of all water used within DSRSD’s service area was recycled water.
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Projected Future Potable and Recycled Water Demands
Table 7 presents DSRSD’s projected potable and recycled water demand through 2035 as presented in the 2010 UWMP.
Table 7. Projected Potable and Recycled Water Demand within DSRSD’s Service Area as Presented in DSRSD’s 2010 UWMP
Year 2015 2020 2025 2030 2035 Potable Water Demand, af/yr(a,b) 12,900 16,000 17,500 18,300 18,500 Recycled Water Demand, af/yr(a,c) 2,500 3,800 4,400 4,500 4,600 (a) Table 3-9 and Table 5-5 DSRSD 2010 UWMP, June 2011. (b) Includes projected deliveries and potable water system losses (assumed to be 5 percent of total Zone 7 water deliveries). Does not include additional potable water demand associated with Proposed Project (17 af/yr of additional potable water demand) as shown in Table 5. (c) Includes only recycled water deliveries within DSRSD’s service area. Does not include recycled water sales to other water agencies. Does not include additional recycled water demand associated with Proposed Project (23 af/yr of additional recycled water demand) as shown in Table 5.
As described above, potable and recycled water demands for the Proposed Project are included in DSRSD’s 2010 UWMP, although based on current development plans they are now estimated to be slightly more than what was included for the Proposed Project site in the 2010 UWMP. However, DSRSD is confident that they can meet the anticipated potable water and recycled water needs of the Proposed Project in addition to its existing customers and other future users.
Projected future potable water demand within DSRSD’s service area is projected to be less than what was projected in the 2010 UWMP due to changes in land uses and planned development within the City of Dublin that have occurred since 2010, and the implementation of recycled water projects in established parts of DSRSD’s service area, which results in a reduction of DSRSD’s ultimate potable water demand. The DSRSD 2015 Water System Master Plan Update, currently being prepared, provides updated potable water demand projections for the DSRSD service area as follows:
For 2020, the potable water demand is projected to be 13,690 af/yr (2,310 af/yr less than projected in the 2010 UWMP); and For 2035, the potable water demand is now projected to be 15,840 af/yr (2,660 af/yr less than projected in the 2010 UWMP).
A major reason for this reduced future potable water demand is the permanent conversion of existing potable water irrigated landscapes to recycled water and the planned expansion of the recycled water system (both treatment and distribution facilities) to provide for additional recycled water use within DSRSD’s service area in the future.
As a result of the permanent conversion of existing landscapes to recycled water, projected future recycled water demand within the DSRSD service area is likely to be higher than was projected in the 2010 UWMP. DSRSD is currently conducting a recycled water study in coordination with
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DERWA to evaluate future recycled water needs and opportunities within DSRSD’s service area and within the Tri-Valley area in coordination with the cities of Pleasanton and Livermore. In November 2014, DWR announced an award of a $4 million grant to expand the SRVRWP. The expansion of recycled water treatment and distribution facilities, which is in progress, will bring recycled water for landscape irrigation to the Santa Rita Jail and Federal Correctional Institution in central Dublin areas and west of Interstate 680 in Dublin. Also in 2014, the City of Pleasanton signed an agreement with DERWA that allows its treated wastewater to be used to produce recycled water. The agreement paves the way for a recycled water program in the City of Pleasanton and expansion of the SRVRWP water recycling plant to meet future needs within DSRSD and throughout the Tri-Valley area.
Revised potable water and recycled water demand projections, reflecting DSRSD’s on-going conservation and water recycling efforts and including the Proposed Project, will be included in the DSRSD 2015 UWMP which must be prepared and submitted to DWR by July 1, 2016.
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5.0 DSRSD WATER SUPPLIES
10910(c)(2) If the projected water demand associated with the proposed project was accounted for in the most recently adopted urban water management plan, the public water system may incorporate the requested information from the urban water management plan in preparing the elements of the assessment required to comply with subdivisions (d), (e), (f) and (g). 10910(d)(1) The assessment required by this section shall include an identification of any existing water supply entitlements, water rights, or water service contracts relevant to the identified water supply for the proposed project, and a description of the quantities of water received in prior years by the public water system…under the existing water supply entitlements, water rights, or water service contracts. 10910(e) If no water has been received in prior years by the public water system…under the existing water supply entitlements, water rights, or water service contracts, the public water system…shall also include in its water supply assessment…an identification of the other public water systems or water service contract holders that receive a water supply or have existing water supply entitlements, water rights, or water service contracts, to the same source of water as the public water system.
10910(f) If a water supply for a proposed project includes groundwater, the following additional information shall be included in the water supply assessment. 1. A review of any information contained in the urban water management plan relevant to the identified water supply for the proposed project. 2. A description of any groundwater basin or basins from which the proposed project will be supplied. For those basins for which a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court or the board and a description of the amount of groundwater the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), has the legal right to pump under the order or decree. For basins that have not been adjudicated, information as to whether the department has identified the basin or basins as overdrafted or has projected that the basin will become overdrafted if present management conditions continue, in the most recent bulletin of the department that characterizes the condition of the groundwater basin, and a detailed description by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), of the efforts being undertaken in the basin or basins to eliminate the long-term overdraft condition. 3. A detailed description and analysis of the amount and location of groundwater pumped by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), for the past five years from any groundwater basin from which the proposed project will be supplied. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historical use records. 4. A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), from any basin from which the proposed project will be supplied. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historical use records. 5. An analysis of the sufficiency of the groundwater from the basin or basins from which the proposed project will be supplied to meet the projected water demand associated with the proposed project. A water assessment shall not be required to include the information required by this paragraph if the public water system determines, as part of the review required by paragraph (1), that the sufficiency of groundwater necessary to meet the initial and projected water demand associated with the project was addressed in the description and analysis required by paragraph (4) of subdivision (b) of Section 10631.
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Water Supply Overview
DSRSD obtains its water supply from Zone 7. Zone 7 is a multi-purpose agency that oversees water-related issues in the Livermore-Amador Valley. Zone 7 is a State Water Project contractor that wholesales treated water to four retail water agencies in the Tri-Valley area (DSRSD, City of Livermore, City of Pleasanton, and California Water Service Company-Livermore District), retails non-potable water supplies for irrigated agricultural use, retails treated water to several direct customers, provides and maintains flood control facilities, and manages groundwater and surface water supplies in its service area. DSRSD’s water contract and supply from Zone 7 are discussed in Section 5.2. DSRSD has a groundwater pumping quota (GPQ) of 645 af/yr in the Livermore Valley Main Groundwater Basin (Main Basin), which Zone 7 pumps on DSRSD’s behalf as part of its water contract. This groundwater supply is discussed briefly in Section 5.4.2 and in detail in Section 5.6.
DSRSD’s water supply is augmented with recycled water from its Recycled Water Treatment Facilities (RWTF). DSRSD owns and operates a wastewater treatment plant that treats wastewater from Dublin, South San Ramon, and Pleasanton. The wastewater treatment plant includes conventional secondary treatment facilities, as well as tertiary and advanced recycled water treatment facilities. DERWA operates the SRVRWP, a multi-phased project which distributes recycled water from the RWTF to portions of DSRSD’s and EBMUD’s service areas. DSRSD’s recycled water production and distribution is discussed in Section 5.8.
The descriptions provided below for DSRSD’s water supplies have been taken, for the most part, from DSRSD’s 2010 UWMP, which was adopted in June 2011. Supplemental information from recent Zone 7 reports (water wholesaler to DSRSD) and other available reports has also been included to provide the most recent data available and to meet the specific requirements of SB 610.
DSRSD Potable Water Supplies from Zone 7
Zone 7 uses a combination of water supplies and water storage facilities to meet the municipal and industrial (M&I) demands of its four retailers (DSRSD, City of Pleasanton, City of Livermore, and California Water Service Company). These include the following:
Imported surface water from the State Water Project (SWP); Imported surface water transferred from the Byron Bethany Irrigation District (BBID); Local surface water runoff captured in Del Valle Reservoir; Local groundwater extracted from the Livermore Valley Groundwater Main Basin; Local storage in the Chain-of-Lakes; and Non-local groundwater storage in the Semitropic Water Storage District and Cawelo Water District.
Each of these supplies is described further below.
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5.2.1 State Water Project (SWP)
In November 1961, Zone 7 entered into a 75-year agreement with the DWR to receive water from the State Water Project (SWP). The SWP is the nation’s largest publicly-built water storage and conveyance system and currently serves over 25 million people throughout California. SWP water originates within the Feather River watershed, is captured in and released from Lake Oroville, and flows through the Sacramento-San Joaquin Delta before it is conveyed by the South Bay Aqueduct (SBA) to Zone 7 or by the California Aqueduct to other south-of-Delta SWP contractors.
The SBA also delivers water to other water suppliers, namely Santa Clara Valley Water District and Alameda County Water District. Lake Del Valle is part of the SBA system and is used for storage of SWP water, as well as local runoff. At Zone 7, SWP water is used to meet treated water demands from municipal and industrial customers (both wholesale and retail) and untreated water demands from agricultural customers. It is also used to artificially recharge the local groundwater basin or to fill non-local storage.
5.2.1.1 Table A Allocation
The primary allocation agreement between DWR and its SWP contractors is recorded in Articles 12(a) and 18(a) of the agreements and is based on each contractor’s annual water delivery request. Each contractor is limited to an annual contractual amount as specified in Article 6(c) and Table A. Zone 7’s current agreement or contract with DWR is for the delivery of up to 80,619 acre-feet annually (af/yr). This contract expires in 2036 with an option to renew for 75 years. In practice, the actual amount of SWP water available to Zone 7 under the Table A allocation process varies from year to year due to hydrologic conditions, water demands of other contractors, SWP facility capacity, and environmental/regulatory requirements. In December 2014, DWR issued the Final State Water Project Delivery Reliability Report 2013 that estimates a long-term average yield of 60 percent of Table A amounts, equivalent to 48,400 af/yr for Zone 7.
As a SWP contractor, Zone 7 has the option to carry over unused Table A water from one year to the next when there is available storage in San Luis Reservoir. This “carryover” water is also called Article 12e and 56c water. Article 12e water must be taken by March 31 of the following year, but Article 56c water may be carried over as long as San Luis Reservoir storage is available. Zone 7’s total SWP carryover from 2014 to 2015 was 9,000 acre-feet, and expects to carryover approximately 7,800 acre-feet from 2015 into 20168. Zone 7 typically carries over about 10,000 acre-feet from year to year.
5.2.1.2 Article 21 Water (Interruptible or Surplus Water)
Under Article 21 of Zone 7’s contract with DWR, Zone 7 also has access to excess water supply from the SWP that is available only if: 1) it does not interfere with SWP operations or Table A allocations; 2) excess water is available in the Delta; and 3) it will not be stored in the SWP system. Per the Final State Water Project Delivery Reliability Report 2013 and the Draft State Water
8 Zone 7 Water Agency Annual Review of Sustainable Water Supply, April 15, 2015.
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Project Delivery Capability Report 2015, the projected yield from Article 21 is very low and does not represent a significant water supply for Zone 7.
5.2.1.3 Article 56d Water (SWP Multi-Year Pool)
Article 56d is a contract provision that allows SWP contractors with unused Table A water to sell their water to contractors who have water needs that exceed their allocation for the year. This water was previously referred to as the “Turnback Pool”, but is now referred to as the “SWP Multi-Year Pool.” Historically, only a few SWP contractors have been in a position to make such water available for purchase, particularly in normal or dry years. Zone 7 currently does not anticipate a significant amount of water supply to be available under Article 56d until there is a resolution to the current Delta crisis.
5.2.1.4 Yuba Accord
In 2008, Zone 7 entered into a contract with DWR to purchase additional water under the Lower Yuba River Accord (Yuba Accord). The contract expires in 2025. There are four different types (“Components”) of water available; Zone 7 has the option to purchase Components 2 and 3 water during drought conditions, and Component 4 water when the Yuba County Water Agency has determined that it has water supply available to sell.
The annual amount of water supply available to Zone 7 during dry years under the Yuba Accord is relatively small: the projected yield in 2015 and 2016 is 200 af/yr9. Zone 7 estimates a long-term average yield of supplies under the Yuba Accord to be 500 af/yr.
5.2.2 Byron Bethany Irrigation District
The Byron Bethany Irrigation District (BBID) diverts water from the Sacramento-San Joaquin Delta (Delta) pursuant to a “Notice of Appropriation of Water” dated May 18, 1914. Zone 7 entered into a 15-year contract with BBID, renewable every five years, for a minimum yield of 2,000 af/yr and up to 5,000 af/yr of water supply under this appropriation. Water purchased from BBID is delivered to Zone 7 via the SBA. The current contract was extended through 2030, with an option to extend through 2039. However, BBID’s supplies have recently been subject to a curtailment order from the SWRCB due to current drought conditions, so Zone 7 is not anticipating availability of supplies from BBID.
Local Surface Water Runoff
Zone 7, along with Alameda County Water District (ACWD), has water right permits to divert flows from Arroyo del Valle. Runoff from the Arroyo del Valle watershed above Lake Del Valle is stored in the lake, which is managed by DWR. As noted above, Lake Del Valle is also used to store imported surface water deliveries from the SWP. In late summer/early fall, DWR typically lowers lake levels in anticipation of runoff from winter storm events, and to provide flood control capacity. Water supply in Lake Del Valle is made available to Zone 7 via the SBA through
9 Zone 7 Water Agency Annual Review of Sustainable Water Supply, April 15, 2015.
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operating agreements with DWR. Inflows to Lake Del Valle, after accounting for permit conditions, are equally divided between ACWD and Zone 7.
A review of historic runoff from Arroyo del Valle from 1913 to 2008 indicates that the long-term median inflow available to Zone 7 is approximately 7,300 af/yr.
Local Storage
Zone 7 has three options for local storage: storage in Lake Del Valle, storage in the local groundwater basin and, in the future, surface storage in the Chain of Lakes. Each of these is described below.
5.4.1 Lake Del Valle
As described above, Lake Del Valle is used to store runoff from the Arroyo del Valle watershed above the lake and also to store imported surface water deliveries from the SWP.
5.4.2 Livermore Valley Groundwater Basin
Zone 7 overlies the Livermore Valley Groundwater Basin (Main Basin). The Main Basin is the portion of the Livermore Valley Groundwater Basin that contains high-yielding aquifers and good quality groundwater. It has an estimated storage capacity of about 254,000 af. DWR has not identified the Main Basin (DWR Basin No. 2-10) as either a basin in overdraft or a basin expected to be in overdraft. Detailed descriptions of the Main Basin are available in Zone 7’s Groundwater Management Plan (GMP), the Zone 7 2010 UWMP and the DSRSD 2010 UWMP.
It should be noted that, for Zone 7, the Basin is considered a storage facility and not a long-term water supply because Zone 7 does not have a groundwater-pumping quota, and only pumps groundwater it has previously artificially recharged using its surface water supplies.
Zone 7 administers oversight of the Main Basin as part of its Groundwater Management Program. As part of its conjunctive use program, Zone 7’s policy is to maintain groundwater levels above historic lows in the Main Basin through artificial recharge of SWP water or locally-stored runoff from Arroyo del Valle. Currently, this is accomplished by releasing water to the arroyos for subsequent percolation and replenishment of the aquifers. Zone 7 established historic lows based on the lowest measured groundwater elevations in various wells in the Main Basin; historic lows correspond to a groundwater storage volume of about 128,000 af. In general, the difference between water surface elevations when the Main Basin is full and water surface elevations when the Main Basin is at historic lows defines Zone 7’s operational storage. Operational storage is about 126,000 af based on Zone 7’s experience operating the Main Basin.
5.4.3 Chain of Lakes – Lake I and Cope Lake
The Chain of Lakes refers to a series of ten mined-out or active gravel quarry pits that have been or will be transferred to Zone 7 for water resources applications. These might include surface storage of stormwater or other local runoff, surface storage of water from the SWP, and/or use as groundwater recharge basins once mining has been completed. The ten quarry pits or lakes are named Cope Lake and Lakes A through I.
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Although the Chain of Lakes will ultimately cover approximately 2,000 acres and store approximately 100,000 af of water, Zone 7 currently only owns Cope Lake and Lake I. Zone 7 expects to take ownership of Lake H sometime within the next five years, while the remaining lakes will be transferred to Zone 7 over the next 20 years.
The Chain of Lakes will be used to store water supplies in wet years for later use during droughts, recharge the groundwater basin, capture additional flow from Arroyo del Valle, and help control flooding along the Arroyo Mocho and Arroyo Las Positas.
Since November 2013, Zone 7 has been capturing groundwater discharges by gravel-mining companies in Cope Lake, which prevents percolation of that water into the local groundwater basin due to its clay-like bottom. However, in May 2014, Zone 7 completed a pipeline that transfers that water into Lake I, which has the ability to percolate mining discharges back into the groundwater basin. Zone 7 has captured 7,449 acre-feet since 2013, and transferred 2,220 acre-feet to Lake I10.
Non-Local Storage
In addition to local storage, Zone 7 also participates in two non-local (also called “out of basin”) groundwater-banking programs located in Kern County. Note that while these banking programs provide a water source during drought years, they represent water previously stored from Zone 7’s surface water supplies during wet years. Therefore, they do not have a net contribution to Zone 7’s water supply over the long-term and in fact result in some operational losses as described below. Furthermore, this banked water supply is only available when the SBA is operational.
5.5.1 Semitropic Water Storage District
Zone 7 originally acquired a storage capacity of 65,000 af in the Semitropic Water Storage District (Semitropic) groundwater banking program in 1998. Subsequently, Zone 7 agreed to participate in Semitropic’s Stored Water Recovery Unit, which increased pumpback capacity and allowed Zone 7 to contractually store an additional 13,000 af. Zone 7 currently has a total of 78,000 af of groundwater banking storage available to augment water supplies during drought conditions. During non-drought periods, Zone 7 can store up to 5,883 af/yr into the Semitropic groundwater bank. Note that a 10 percent loss is associated with water put into Semitropic. During a drought year, Zone 7 has the ability to request up to 9,100 af of pumpback and any amount between 0 to 8,645 af of exchange water; the availability of exchange water depends on projected SWP allocation. Pumpback is water that is pumped out of the Semitropic aquifer and into the SWP system. Exchange water is water that is transferred between Zone 7 and Semitropic by adjusting the amounts of Table A water allocated between Zone 7 and Semitropic. The agreement is in effect through December 31, 2035.
5.5.2 Cawelo Water District
Similar to the arrangements with Semitropic, Zone 7 has 120,000 af of groundwater banking storage available with the Cawelo Water District, as executed in an agreement in 2006. During
10 Zone 7 Water Agency Annual Review of Sustainable Water Supply, prepared by Zone 7 Water Agency, April 15, 2015.
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non-drought periods, Zone 7 can store up to 5,000 af/yr in the bank. During droughts, Zone 7 has the ability to request up to 10,000 af/yr of pumpback (or exchange water) from Cawelo. The agreement is in effect through December 31, 2035.
Groundwater Supply
5.6.1 DSRSD Groundwater Pumping Quota
DSRSD, the California Water Service Company-Livermore, and the cities of Livermore and Pleasanton, through agreements with Zone 7, have mutually agreed to limit their extraction from the Main Basin to a combined quantity of approximately 7,200 af/yr, about 54 percent of the long-term sustainable yield of the Main Basin. This agreement, along with Zone 7’s other groundwater management activities, keeps the groundwater budget essentially in balance under average hydrologic conditions. Each of these retailers has a groundwater pumping quota (known as their GPQ). DSRSD’s GPQ is 645 af/yr. In accordance with its agreement with Zone 7, DSRSD may obtain groundwater in excess of its GPQ if it pays a recharge fee (per acre-foot of groundwater extracted above the GPQ) to Zone 7.
DSRSD does not itself extract groundwater as a water supply. In accordance with their water supply agreement with Zone 7, Zone 7 pumps DSRSD’s groundwater supply from a Zone 7 installed well in the Mocho well field (Mocho No. 4) and this groundwater supply is then blended with water from Zone 7’s other water supply sources and delivered to DSRSD. This well was constructed on DSRSD property (previously Camp Parks property) under a 2002 agreement between DSRSD and Zone 7 whereby DSRSD provided Zone 7 with access, Zone 7 paid all of the costs for the well, pump and building, and DSRSD has the annual option of requesting that Zone 7 pump and provide DSRSD’s GPQ at a cost of only power, chemical and some other incidental charges.
In addition to groundwater from the Main Basin, DSRSD may extract water above the 645 af/yr Main Basin GPQ from areas outside the Main Basin (the Fringe Basin). Water can be pumped from the Fringe Basin as long as this groundwater extraction does not have adverse effects on the Main Basin. In the past, DSRSD pumped water from the Fringe Basin when it owned wells along Dublin Boulevard. However, pumping from the Fringe Basin was abandoned in 1980 due to water quality issues and pumping costs.
5.6.2 Historical and Projected Future Pumpage
The volume of groundwater pumped by Zone 7 for DSRSD from 2010 to 2014 is shown in Table 8.
Table 8. Groundwater Pumped by Zone 7 on DSRSD’s Behalf
Basin Name 2010 2011 2012 2013 2014 Main Basin, Livermore Valley, af/yr 645 645 645 645 645 Total Groundwater Pumped, af/yr 645 645 645 645 645
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The volume of groundwater projected to be pumped by Zone 7 for future DSRSD water supply is shown in Table 9. Historically, DSRSD’s groundwater supply demand has been constant, and equal to the GPQ.
Table 9. Groundwater Projected to be Pumped by Zone 7 on DSRSD’s Behalf
Basin Name 2015 2020 2025 2030 2035 Main Basin, Livermore Valley, af/yr(a) 645 645 645 645 645 Total Groundwater Pumped, af/yr 645 645 645 645 645 (a) Table 4-5, DSRSD 2010 UWMP, June 2011
5.6.3 Groundwater Basin Description
As defined in DWR Bulletin 118 Update 2003 (California’s Groundwater), the Livermore Valley Groundwater Basin (DWR Basin 2-10) extends from the Pleasanton Ridge east to the Altamont Hills and from the Livermore Uplands north to the Tassajara Uplands. Surface drainage features include Arroyo del Valle, Arroyo Mocho, and Arroyo Las Positas as principal streams, with Alamo Creek, South San Ramon Creek, and Tassajara Creek as minor streams. All streams converge on the west side of the basin to form Arroyo de la Laguna, flowing south and joining Alameda Creek in Sunol Valley, and ultimately draining to the San Francisco Bay. Some geologic structures restrict the lateral movement of groundwater, but the general groundwater gradient is from east to west, towards Arroyo de la Laguna, and from north to south along South San Ramon Creek and Arroyo de la Laguna.
The entire floor of the Livermore Valley and portions of the upland areas on all sides of the valley overlie groundwater-bearing materials. The materials are mostly continental deposits from alluvial fans, outwash plains, and lakes. They include valley-fill materials, the Livermore Formation, and the Tassajara Formation. Under most conditions, the valley-fill and Livermore Formation yield adequate to large quantities of groundwater to all types of wells, with the larger supply wells being located in the Main Basin. The Main Basin is composed of the Castle, Bernal, Amador, and Mocho 2 sub-basins.
5.6.4 Groundwater Quantity
Zone 7 routinely monitors groundwater levels within the Main Basin. Two independent methods are used to estimate groundwater storage: 1) Hydrologic Inventory; and 2) Nodal Groundwater Elevation. The Main Basin is estimated to have a total storage capacity of 254,000 af, of which approximately 126,000 af are available for Zone 7 operational storage. Zone 7’s goal is to maintain 128,000 af of groundwater in storage at all times, as discussed below.
5.6.4.1 Artificial Recharge
Before the construction of the SWP in the early 1960s, groundwater was the sole water source for the Livermore-Amador Valley. This resource has gone through several periods of extended withdrawal and subsequent recovery. In the 1960s, when approximately 110,000 af of groundwater was extracted, the Main Basin reached its historic low of 128,000 af. The Main Basin was allowed
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to recover from 1962 to 1983. It was during this era that Zone 7 first conducted a program of groundwater replenishment by recharging imported surface water via its streams (“in-stream recharge”) for storage in the Main Basin, began supplying treated surface water to customers to augment groundwater supplies, and began regulating municipal pumping by contractually establishing GPQ as discussed further below.
Zone 7's operational policy is to maintain the balance between the combination of natural and artificial recharge and withdrawal. This ensures that groundwater levels do not drop below the historic level of 128,000 af.
5.6.4.2 Current Sustainable Yield and Groundwater Pumping Quotas
Long-term natural sustainable yield is contractually defined as the average amount of groundwater annually replenished by natural recharge in the Main Basin (through percolation of rainfall, natural stream flow, and irrigation waters, and inflow of subsurface waters) and which can therefore be pumped without lowering the long-term average groundwater volume in storage. In contrast, “artificial recharge” is the aquifer replenishment that occurs from artificially induced or enhanced stream flow, as described in the previous section. With artificial recharge, more groundwater can be sustainably extracted from the Main Basin each year.
The natural sustainable yield of the Main Basin has been determined to be about 13,400 af/yr, which is 10 to 11 percent of the total estimated useable groundwater storage. This long-term natural sustainable yield is based on over a century of hydrologic records and projections of future recharge conditions. Based on this sustainable yield value, California Water Service Company [Livermore District] (Cal Water), DSRSD, the City of Livermore (Livermore), and the City of Pleasanton (Pleasanton) (collectively referred to as the Retailers) are permitted to pump 7,245 af/yr. Each retailer has an established “Groundwater Pumping Quota” (GPQ), formerly referred to as the “Independent Quota” in the original Municipal and Industrial water supply contract between Zone 7 and each retailer. Pleasanton and Cal Water pump their own GPQ; they are also permitted to pump groundwater in excess of their GPQ under a recharge fee paid to Zone 7. This fee covers the cost of importing and recharging additional water into the Main Basin. Zone 7 pumps DSRSD’s GPQ. The City of Livermore has not had any groundwater pumping capability for the last five to six years, and has therefore not pumped their GPQ over this time period.
Zone 7's groundwater extraction for its treated water system does not use the natural sustainable yield from the Main Basin; instead, Zone 7 pumps only water that has been previously recharged as part of its artificial recharge program using its surface water supplies. During high demands, groundwater is used to supplement surface water supply delivered via the South Bay Aqueduct (SBA) and treated at one of the Zone 7’s two surface water treatment facilities. Groundwater is also used when the SBA is out of service due to maintenance and improvements or when Zone 7’s surface water treatment plants are operating under reduced capacity due to construction, repairs, etc. Finally, Zone 7 uses its stored groundwater (both local and non-local) under emergency or drought conditions, when there may be insufficient surface water supply available. Zone 7 also pumps groundwater out of the Main Basin during normal water years to help reduce the salt loading in the Main Basin. To achieve additional salt removal, a demineralization facility has been in operation since 2009. Zone 7 plans to recharge 9,200 af/yr on average, which means that Zone 7 can pump an equivalent 9,200 af/yr on average from the Main Basin.
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5.6.4.3 New Wells
Zone 7 completed Chain of Lakes Well 5 in October 2014. This well provides 2.1 million gallons per day (mgd) of additional pumping capacity, and access to additional groundwater storage for use during the drought. The well is located near the northwest corner of Lake H.
Zone 7 is currently designing Busch Valley Well No. 1. The first phase includes a connection for the new well to Zone 7’s system. In the near term, this connection can be used in conjunction with a temporary booster pump station to move well water east during periods of limited surface water availability. The connection should be in place in the summer of 2015.
5.6.5 Groundwater Quality
The Main Basin is characterized by relatively good quality groundwater that meets all state and federal drinking water standards. The pumped groundwater is chloraminated only to match the disinfectant residual in the distribution system. However, there has been a slow degradation of groundwater quality as evidenced by rising Total Dissolved Solids (TDS) and hardness levels over the last few decades. To address this problem, Zone 7 developed a Salt Management Plan (SMP), which was approved by the Regional Water Quality Control Board in 2004 as a condition of the Master Waste Reuse Permit (for more details, see Chapter 14 of Zone 7’s 2010 UWMP) and incorporated into Zone 7’s GMP in 2005.
Zone 7 implements a wastewater and recycled water monitoring program as part of the GMP. In 2009, 20 percent of the recycled water produced in the service area was applied over the Main Basin. Nitrates and salinity have historically been the primary water quality parameters of concern in recycled water, but nitrates have become less of a concern since 1995 when the City of Livermore Water Reclamation Plant (which, along with DSRSD, is one of the two largest wastewater agencies in the area) stopped nitrifying its effluent. Salinity levels are being addressed through demineralization as described later in this section. In addition to recycled water application over the Main Basin, there are also approximately eighty septic tanks over the Main Basin that discharge their settled effluent but their use is not monitored.
To further manage the water quality in the Main Basin, Zone 7 also runs a Toxic Site Surveillance Program, documenting and tracking sites across the groundwater basin that pose a potential threat to drinking water supplies. Zone 7 works closely with the Regional Water Quality Control Board and Alameda County Environmental Health in these efforts. In general, there are two types of contamination threatening the Livermore Valley Groundwater Basin: petroleum-based fuel products and industrial chemical contaminants. In 2009, Zone 7 tracked the progress of eighty-one active sites where groundwater contamination has been detected or contamination is threatening groundwater. Eleven of the sites are designated as high priority because of their proximity to drinking water supply wells (none of Zone 7’s wells is affected) and occurrence in the Main Basin. Affected water supply well owners are employing granular activated carbon to remove contamination prior to water distribution and consumption. More details on the affected sites and their remediation can be found in Zone 7’s Annual Report for the Groundwater Management Program.
As part of its efforts to address salinity in the Main Basin, Zone 7 completed construction of a wellhead demineralization facility in 2009. Employing a reverse osmosis membrane-based
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treatment system, this facility simultaneously allows for the removal and export of concentrated minerals or salts from the Main Basin and the delivery of treated water with reduced TDS and hardness levels to Zone 7’s customers.
Reliability Intertie with EBMUD
Zone 7 is currently working with EBMUD to design and construct a new intertie that would connect Zone 7’s water system to EBMUD’s water system. Once completed, the intertie will not only provide a lifeline for Zone 7 during catastrophic events (e.g., record drought, earthquake in the Delta, or loss of the South Bay Aqueduct), but also allow Zone 7 to participate in regional water supply exchanges or access to another source of supply during planned outages.
Recycled Water
DSRSD currently treats and distributes recycled water to water customers in its service area. Recycled water is produced from DSRSD’s regional wastewater treatment facilities.
DSRSD began its recycled water program in the early 1990’s by adopting Resolution No. 42-9 in August 1992. The resolution set priorities and policies for the use and promotion of recycled water service within and outside DSRSD’s water service area. The policies were intended to assist DSRSD achieve the following objectives:
Promote, produce, sell and deliver recycled water to retail and wholesale customers; Manage the San Ramon Valley Recycled Water Program on an equitable and self-supporting basis; Work with others to develop ordinances and guidelines to encourage the use of recycled water; Develop local regulations and standards to ensure the safe and beneficial use of recycled water; and Conduct public information and customer service programs to ensure that the public has an appropriate understanding of recycled water, including the benefits of using recycled water.
DSRSD then adopted the “Water Recycling Business Plan Framework” in 1993, to establish the DSRSD Recycled Water Enterprise. Since that time, recycled water has been an integral part of water planning at DSRSD. In that same year, the City of Dublin certified an environmental impact report (EIR) for the Eastern Dublin General Plan Amendment and Specific Plan. The DSRSD service plan for eastern Dublin is predicated upon the use of recycled water for landscape irrigation as summarized in the EIR and subsequent annexation documentation. Potable water supply requests to Zone 7 by DSRSD for Eastern Dublin under the “Contract between Zone 7 and DSRSD for a Municipal & Industrial Water Supply,” are the net of the eastern Dublin total water demands less the recycled water to be provided by DSRSD.
DSRSD and EBMUD formed a Joint Powers Authority, DERWA, in 1995. DERWA’s mission is to provide a safe, reliable, and consistent supply of recycled water, and to maximize the amount of recycled water delivered for non-potable use. DERWA operates the SRVRWP, a multi-phased
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project to supply recycled water from DSRSD’s RWTF to portions of DSRSD’s and EBMUD’s service areas.
In 1995, DSRSD also committed to providing water to Dougherty Valley. The DSRSD service plan for Dougherty Valley is also predicated upon the use of recycled water for landscape irrigation. The amount of potable water purchased for Dougherty Valley is the net of the Dougherty Valley total water demands less the recycled water to be provided by DSRSD.
In April 1998, DSRSD adopted Ordinance No. 280 which established a Recycled Water Use Zone within DSRSD’s service area, consisting of all areas then receiving potable water services and those additional areas designated for such service. In April 2004, this ordinance was repealed and replaced by Ordinance No. 301 which formally established the rules and regulations governing the use of recycled water within DSRSD’s service area. In November 2010, when DSRSD recodified its code, DSRSD incorporated Ordinance No. 301 into the DSRSD Code and added DSRSD Code Section 3.20.110, Duty to Connect—Recycled Water, which requires that new development in DSRSD’s water service area connect to recycled water for appropriate irrigation uses.
In 2005, DSRSD adopted a Water Master Plan that established Board policy as to the quantity of recycled water the District was looking to develop and deliver to customers within the District’s water service area. The total quantity of recycled water that DSRSD planned to deliver through buildout was then estimated to be approximately 3,700 af/yr (3.3 mgd). As shown in Table 7, the projected recycled water demand in the DSRSD 2010 UWMP was 4,600 af/yr.
As described in Section 4.2, because of the permanent conversion of existing irrigated landscapes from potable water to recycled water, projected future recycled water demand within the DSRSD service area is likely to be higher than was projected in the 2010 UWMP. DSRSD is currently conducting a recycled water study in coordination with DERWA to evaluate future recycled water needs and opportunities within DSRSD’s service area and within the Tri-Valley area in coordination with the cities of Pleasanton and Livermore.
The current capacity of the DSRSD treatment facilities limits the current production of recycled water. Current recycled water production and delivery to both DSRSD and EBMUD is limited to 12.7 mgd, the combined capacity of the RWTF’s SFUV (9.7 mgd) and MFUV (3.0 mgd) facilities. In November 2014, DWR announced an award of a $4 million grant to expand the SRVRWP. The expansion of recycled water treatment and distribution facilities, which is in progress, will bring recycled water for landscape irrigation to the Santa Rita Jail and Federal Correctional Institution in central Dublin areas and west of Interstate 680 in Dublin. Also in January 2014, an agreement was entered into between DERWA and the City of Pleasanton (which became effective in September 2014 upon City of Pleasanton’s completion of their CEQA review) to allow its treated wastewater to be used to produce recycled water. This agreement paves the way for a recycled water program in the City of Pleasanton and expansion of the SRVRWP water recycling plant to meet future needs within DSRSD and throughout the Tri-Valley area.
Also, DSRSD has a Memorandum of Understanding (dated April 20, 2004) with the Zone 7 Water Agency to provide seasonal storage for up to 1,200 acre-feet of wastewater effluent storage for the DSRSD recycled water program. Zone 7 is proceeding with planning of their Chain of Lakes
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program that includes the agreed upon storage. A copy of the April 20, 2004 Memorandum of Understanding is provided as Attachment A of this WSA.
Summary of Current and Projected Future Water Supplies
Table 10 provides a summary of DSRSD’s current and projected future water supplies as presented in the DSRSD 2010 UWMP. As noted above, DSRSD’s future potable water demand will likely be lower than projected in the 2010 UWMP, and thus potable supplies required from Zone 7 will also likely be lower. DSRSD’s future recycled water demand will likely be higher than projected in the 2010 UWMP, however, recycled water supplies are anticipated to increase with the recent agreement with the City of Pleasanton.
Table 10. Current and Projected Future Water Supplies as Presented in the DSRSD 2010 UWMP
2010, Water Source Actual 2015 2020 2025 2030 2035 Water Purchased from Zone 7 8,619 12,255 15,355 16,855 17,655 17,855 Water Agency, af/yr(a) Groundwater Pumped by Zone 7 on DSRSD’s Behalf, 645 645 645 645 645 645 af/yr(a) DSRSD Recycled Water, af/yr(a) 1,729 2,500 3,800 4,400 4,500 4,600 Total, af/yr 11,029 15,400 19,800 21,900 22,800 23,100 (a) Table 4-1 and Table 5-5, DSRSD 2010 UWMP, June 2011.
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Kaiser Dublin Development Plan Water Supply Assessment
6.0 WATER SUPPLY RELIABILITY
10910 (c)(4) address “total projected water supplies available…during normal, single dry, and multiple dry water years during a 20-year projection…”
Water supply reliability is discussed in detail below. Maximizing water supply resources and minimizing dependence on imported water are important strategic goals. DSRSD’s potable water supply comes solely from Zone 7, which depends on imported surface water for over 80 percent of its supply. To minimize demand for this imported water, DSRSD has implemented an extensive water conservation program and plans to maintain its efforts, including continuing to expand the use of recycled water within its service area.
DSRSD water demand and supply quantities discussed in this section are based on those presented in the DSRSD 2010 UWMP. As described previously, future potable and recycled water demands are anticipated to be somewhat different than presented in the 2010 UWMP. However, these differences do not impact the reliability of the potable and recycled water supplies available to DSRSD.
Potable Water Supply Reliability
6.1.1 Zone 7 Reliability Policy for Municipal & Industrial Water Supplies
In August 2004, Zone 7 adopted a reliability policy for its water retailers, including DSRSD, which guided the management of Zone 7’s municipal and industrial (M&I) water supplies as well as its capital improvement program (CIP). Under that policy, Zone 7’s goal was to:
Meet 100 percent of the water retailers’ demands over the next 20 years through average, single dry, and multiple dry years; and Meet 75 percent of maximum daily M&I demand should any one of Zone 7’s major supply, production or transmission facilities experience an extended unplanned outage.
During the preparation of the Zone 7 2010 UWMP, Zone 7 was also preparing its Water Supply Evaluation (which was completed in July 2011). As part of that effort, Zone 7 reviewed the applicability of its reliability policy and worked with its water retailers, including DSRSD, to develop revised level of service goals to provide Zone 7 with the flexibility to manage uncertainty in the Delta, to reasonably respond to prolonged facility outages, and to be consistent with industry standards.
The revised reliability policy, supported by the water retailers, was adopted by the Zone 7 Board of Directors on October 17, 2012, and includes the following level of service goals:
Meet 85 percent of M&I water demands 99 percent of the time; Meet 100 percent of M&I water demands 90 percent of the time; and Meet at least 80 percent of the maximum month demand during an extended unplanned outage.
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This revised reliability policy does not change the amount of water supply available to the Zone 7 retailers under Normal, Single Dry or Multiple Dry years. Rather, it provides Zone 7 with the additional flexibility and time necessary to evaluate, develop, and implement cost-effective solutions necessary to allow Zone 7 to continue to provide a reliable, high-quality water supply to its customers in the face of an uncertain water supply future. Changing the third goal to reflect a prolonged outage on the maximum month instead of the maximum day should allow Zone 7 to develop more cost-effective solutions to major, prolonged outages, while also providing the time necessary to communicate with and obtain a response from the retailers.
A copy of Zone 7’s adopted revised Water Supply Reliability Policy is provided in Attachment B of this WSA.
6.1.2 Zone 7 Water Supply Reliability
As part of its 2010 UWMP, Zone 7 performed additional rigorous analysis, using a more conservative approach to evaluate supply reliability. Zone 7 staff developed a new risk assessment model that incorporates potential variations from the historical sequence of events. The new dynamic model, which uses Monte Carlo methods for incorporating uncertainty, yields more conservative results, indicating larger shortages by 2030, the time limit of Zone 7’s analysis.
Zone 7 staff compared projected water supplies during Normal, Single Dry, and Multiple Dry water years with its customers’ demand scenarios, both without potential water conservation (“high water demand”) and with potential water conservation (“low water demand”) associated with the Water Conservation Act of 2009. Zone 7 projected water supplies are discussed in Section 5.2 of this WSA. The results of this analysis are summarized below, excerpted from Section 16 of Zone 7’s 2010 UWMP.
Under Normal water years, Zone 7 does not anticipate any difficulty in meeting projected water demands, with or without additional conservation measures, assuming Zone 7 can successfully implement planned programs and projects. Note that a portion of the water demand during a normal water year includes the storage of water supply for use during dry years. The maximum potential shortage—based on the high water demand scenario—could be as high as 10,500 af between 2020 and 2030 if Zone 7 cannot implement planned programs and projects.
Under Single Dry years, Zone 7 does not expect shortages through 2030 with the implementation of planned programs and projects. The maximum potential shortage—based on the high water demand scenario—could be as high as 8,700 af between 2020 and 2030 if Zone 7 cannot implement planned programs and projects. The maximum potential shortage during Single Dry years is lower than that for normal water years because Zone 7 makes use of its stored water distributed between the local groundwater basin and the banking programs in Kern County.
Under Multiple Dry years, planned programs and projects have similarly been designed to prevent any shortages. Zone 7’s analysis indicates that, without such programs and projects, shortages of up to 36,000 af can be expected under a Multiple Dry year scenario ending in 2030, based on the high water demand scenario.
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It should also be noted that even during the current drought conditions, which have caused severe water shortages throughout the State, Zone 7’s water supplies remain reliable. Per Zone 7’s April 2015 Annual Review of Sustainable Water Supply, Zone 7 can deliver 100 percent of requested water demands in 2015, and even assuming drought conditions are more severe next year, Zone 7 can deliver 96 percent of projected 2016 water demands.
Zone 7 staff is in the process of amending its 2011 Water Supply Evaluation. The amendment is expected to be completed in the summer of 2015. Zone 7 will also be preparing a 2015 UWMP in late 2015/early 2016.
6.1.3 DSRSD Water Supply Reliability
Zone 7 is DSRSD’s sole potable water supplier. Although their current water supply contract term ends in 2024, the two agencies expect to renew the contract with substantially similar provisions.
Zone 7 anticipates that its retailers will conform to the requirements of the Water Conservation Act of 2009. However, Zone 7 conducted its reliability analysis using high water demand (no conservation) and low water demand (valley-wide 20 percent reduction by 2020) to develop a range for anticipated water shortage and plan for the worst case scenario. Zone 7’s conservative approach indicates that it may have water shortages beginning as early as 2023 for a Multiple Dry year event. As discussed in the above section, Zone 7 is aggressively planning for water supply programs and projects to meet the water demands of its customers through buildout of adopted general plans. DSRSD plans to continue to reduce its potable water demands through conservation efforts and implementation of its recycled water program.
In analyzing the reliability of DSRSD’s potable water supply, DSRSD calculated the percentage of possible water shortage if Zone 7’s planned programs and projects are implemented, and if they are not implemented. Without implementation, Zone 7’s customers will experience water supply shortages. All of Zone 7’s customers, including the water retailers in the Livermore-Amador Valley, are assumed to proportionally share the impacts of the shortages. DSRSD’s potable water supply reliability for Normal, Single Dry, and Multiple Dry years are shown on Tables 11, 12, and 13.
In Table 11, DSRSD’s potable water demand is compared to Zone 7’s water supply during a Normal year. If Zone 7’s planned programs and projects are implemented, DSRSD anticipates sufficient water supply for approved planned projects in its service area. However, as described in DSRSD’s 2010 UWMP11, if Zone 7’s planned programs and projects are not implemented, DSRSD anticipates shortage of approximately 3 percent starting 2030. A slight increase in shortage is expected by 2035; however, the water shortage remains under 4 percent.
11 See Section 5.1.2.4 DSRSD Water Supply Reliability, DSRSD 2010 Urban Water Management Plan, June 2011.
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Table 11. DSRSD Water Supply and Demand Comparison – Normal Year, af
2015 2020 2025 2030 2035 Potable Water Zone 7 Planned Projects & Programs Implemented Zone 7 Water Supply Totals(a) 12,900 16,000 17,500 18,300 18,500 DSRSD Demand Totals 12,900 16,000 17,500 18,300 18,500 Difference 0 0 0 0 0 Difference as % of Supply 0% 0% 0% 0% 0% Difference as % of Demand 0% 0% 0% 0% 0% Zone 7 Planned Projects & Programs NOT Implemented Zone 7 Water Supply Totals(a,b) 12,900 16,000 17,500 17,711 17,857 DSRSD Demand Totals 12,900 16,000 17,500 18,300 18,500 Difference 0 0 0 -589 -643 Difference as % of Supply 0% 0% 0% -3.32% -3.60% Difference as % of Demand 0% 0% 0% -3.22% -3.48% Recycled Water DSRSD Supply Totals(c) 2,500 3,800 4,400 4,500 4,600 DSRSD Demand Totals 2,500 3,800 4,400 4,500 4,600 Difference 0 0 0 0 0 Difference as % of Supply 0% 0% 0% 0% 0% Difference as % of Demand 0% 0% 0% 0% 0% (a) Includes DSRSD’s 645 af/yr GPQ pumped by Zone 7 and blended with Zone 7’s other water supply sources. Rounded up to nearest 100 af. (b) Assumes that water supply shortage is shared equally amongst water retailers supplied by Zone 7. (c) Recycled water from DSRSD’s RWTF.
In Table 12, DSRSD’s potable water demand is compared to Zone 7’s water supply during a Single Dry year. In a Single Dry year, Zone 7 makes use of its stored water distributed between the local groundwater basin and the banking programs in Kern County. Overall Zone 7 water demands are lower for the year because water demand that is normally for groundwater storage banking is not included in the water demands in a Single Dry year. If Zone 7’s planned programs and projects are implemented, DSRSD anticipates sufficient water supply for approved planned projects in its service area. However, as described in DSRSD’s 2010 UWMP12, if Zone 7’s planned programs and projects are not implemented, DSRSD anticipates a shortage of approximately one percent starting 2035.
12 See Section 5.1.2.4 DSRSD Water Supply Reliability, DSRSD 2010 Urban Water Management Plan, June 2011.
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Table 12. DSRSD Water Supply and Demand Comparison – Single Dry Year, af
2015 2020 2025 2030 2035 Potable Water Zone 7 Planned Projects & Programs Implemented Zone 7 Water Supply Totals(a) 12,900 16,000 17,500 18,300 18,500 DSRSD Demand Totals 12,900 16,000 17,500 18,300 18,500 Difference 00000 Difference as % of Supply 0% 0% 0% 0% 0% Difference as % of Demand 0% 0% 0% 0% 0% Zone 7 Planned Projects & Programs NOT Implemented Zone 7 Water Supply Totals(a,b) 12,900 16,000 17,500 18,128 18,326 DSRSD Demand Totals 12,900 16,000 17,500 18,300 18,500 Difference 0 0 0 -172 -174 Difference as % of Supply 0% 0% 0% -1% -0.95% Difference as % of Demand 0% 0% 0% -1% -0.94% Recycled Water DSRSD Supply Totals(c) 2,500 3,800 4,400 4,500 4,600 DSRSD Demand Totals 2,500 3,800 4,400 4,500 4,600 Difference 00000 Difference as % of Supply 0% 0% 0% 0% 0% Difference as % of Demand 0% 0% 0% 0% 0% (a) Includes DSRSD’s 645 af/yr GPQ pumped by Zone 7 and blended with Zone 7’s other water supply sources. Rounded up to nearest 100 af. (b) Assumes that water supply shortage is shared equally amongst water retailers supplied by Zone 7. (c) Recycled water from DSRSD’s RWTF.
In Table 13, DSRSD’s potable water demands are compared to Zone 7’s water supply during Multiple Dry year events. If Zone 7’s planned programs and projects are implemented, DSRSD anticipates sufficient water supply for approved planned projects in its service area. However, as described in DSRSD’s 2010 UWMP13, if Zone 7’s planned programs and projects are not implemented, water shortages may occur as follows:
For a Multiple Dry year event that starts in 2025, DSRSD will receive 100 percent of its total potable demand in the first year, 100 percent of its total potable demand in the second year, and 72 percent of its total potable water demand (28 percent water shortage) in the third year;
13 See Section 5.1.2.4 DSRSD Water Supply Reliability, DSRSD 2010 Urban Water Management Plan, June 2011.
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2015 2020 2025 2030 2035 Potable Water Zone 7 Planned Projects & Programs Implemented Multiple Dry Year Zone 7 Water Supply Totals(a) 12,900 16,000 17,500 18,300 18,500 First Year Supply DSRSD Demand Totals 12,900 16,000 17,500 18,300 18,500 Difference 0 0 0 0 0 Difference as % of Supply 0% 0% 0% 0% 0% Difference as % of Demand 0% 0% 0% 0% 0% Multiple Dry Year Zone 7 Water Supply Totals(a) 13,500 16,300 17,700 18,300 18,500 Second Year DSRSD Demand Totals 13,500 16,300 17,700 18,300 18,500 Supply Difference 0 0 0 0 0 Difference as % of Supply 0% 0% 0% 0% 0% Difference as % of Demand 0% 0% 0% 0% 0% Multiple Dry Year Zone 7 Water Supply Totals(a) 14,800 16,900 18,000 18,400 18,500 Third Year Supply DSRSD Demand Totals 14,800 16,900 18,000 18,400 18,500 Difference 0 0 0 0 0 Difference as % of Supply 0% 0% 0% 0% 0% Difference as % of Demand 0% 0% 0% 0% 0% Zone 7 Planned Projects & Programs NOT Implemented Multiple Dry Year Zone 7 Water Supply Totals(a,b) 12,900 16,000 17,500 17,994 18,133 First Year Supply DSRSD Demand Totals 12,900 16,000 17,500 18,300 18,500 Difference 0 0 0 -306 -367 Difference as % of Supply 0% 0% 0% -2% -2% Difference as % of Demand 0% 0% 0% -2% -2% Multiple Dry Year Zone 7 Water Supply Totals(a,b) 13,500 16,300 17,700 18,300 18,500 Second Year DSRSD Demand Totals 13,500 16,300 17,700 18,300 18,500 Supply Difference 0 0 0 0 0 Difference as % of Supply 0% 0% 0% 0% 0% Difference as % of Demand 0% 0% 0% 0% 0% Multiple Dry Year Zone 7 Water Supply Totals(a,b) 14,800 16,900 12,800 12,620 12,676 Third Year Supply DSRSD Demand Totals 14,800 16,900 18,000 18,400 18,500 Difference 0 0 -5,120 -5,780 -5,824 Difference as % of Supply 0% 0% -40% -46% -46% Difference as % of Demand 0% 0% -28% -31% -31% Recycled Water Multiple Dry Year DSRSD Supply Totals(c) 2,500 3,800 4,400 4,500 4,600 First Year Supply DSRSD Demand Totals 2,500 3,800 4,400 4,500 4,600 Difference 0 0 0 0 0 Difference as % of Supply 0% 0% 0% 0% 0% Difference as % of Demand 0% 0% 0% 0% 0% Multiple Dry Year DSRSD Supply Totals(c) 2,800 3,900 4,400 4,500 4,600 Second Year DSRSD Demand Totals 2,800 3,900 4,400 4,500 4,600 Supply Difference 0 0 0 0 0 Difference as % of Supply 0% 0% 0% 0% 0% Difference as % of Demand 0% 0% 0% 0% 0% Multiple Dry Year DSRSD Supply Totals(c) 3,300 4,200 4,500 4,600 4,600 Third Year Supply DSRSD Demand Totals 3,300 4,200 4,500 4,600 4,600 Difference 0 0 0 0 0 Difference as % of Supply 0% 0% 0% 0% 0% Difference as % of Demand 0% 0% 0% 0% 0% (a) Includes DSRSD’s 645 af/yr GPQ pumped by Zone 7 and blended with Zone 7’s other water supply sources. Rounded up to nearest 100 af. (b) Assumes that water supply shortage is shared equally amongst water retailers supplied by Zone 7. (c) Recycled water from DSRSD’s RWTF.
Dublin San Ramon Services District o\c\406\12-15-40\wp\071415_2T-13 Water Supply Assessment for Last Revised: 07-14-15 Kaiser Dublin Development Plan (THIS PAGE LEFT BLANK INTENTIONALLY) Kaiser Dublin Development Plan Water Supply Assessment
For a Multiple Dry year event that starts in 2030, DSRSD will receive 98 percent of its total potable water demand (2 percent water shortage) in the first year, 100 percent of its total potable demand in the second year, and 69 percent of its total potable water demand (31 percent water shortage) in the third year; For a Multiple Dry year event that starts in 2035, DSRSD will receive 98 percent of its total potable water demand (2 percent water shortage) in the first year, 100 percent of its total potable demand in the second year, and 69 percent of its total potable water demand (31 percent water shortage) in the third year.
For the Multiple Dry year events shown above, the higher water supply availability during the second year of each multiple dry year scenario is primarily due to the occurrence of a wet year in the midst of the dry year sequence that was used in Zone 7’s water supply model14.
Zone 7 plans to implement programs and projects to meet its customers’ demands. However, if Zone 7 is unable to implement those programs and projects, DSRSD may have to implement its Water Shortage Contingency and Drought Plan, as described in its 2010 UWMP.
Recycled Water Supply Reliability
Reliability of DSRSD’s recycled water supply in Normal, Single Dry and Multiple Dry years is also shown on Tables 11, 12 and 13. As described in Section 5.8 of this WSA, DSRSD does not anticipate significant challenges in its ability to provide recycled water to its existing and future customers.
14 Section 5.1.2.3 Zone 7 Water Supply Reliability and Section 5.1.2.4 DSRSD Water Supply Reliability, DSRSD 2010 Urban Water Management Plan, June 2011.
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7.0 DETERMINATION OF WATER SUPPLY SUFFICIENCY BASED ON THE REQUIREMENTS OF SB 610
10910(c)(4) If the city or county is required to comply with this part pursuant to subdivision (b), the water supply assessment for the project shall include a discussion with regard to whether the total projected water supplies, determined to be available by the city or county for the project during normal, single dry, and multiple dry water years during a 20-year projection, will meet the projected water demand associated with the proposed project, in addition to existing and planned future uses, including agricultural and manufacturing uses. 10911 (a) If, as a result of its assessment, the public water system concludes that its water supplies are, or will be, insufficient, the public water system shall provide to the city or county its plans for acquiring additional water supplies, setting forth the measures that are being undertaken to acquire and develop those water supplies.
As described above, the projected potable water demands for the Proposed Project are included in DSRSD’s 2010 UWMP although the potable water demand calculated for the Proposed Project (112 af/yr) is 18 af/yr higher than the potable water demand included in the DSRSD 2010 UWMP (94 af/yr) for the Proposed Project site, and the recycled water demand calculated for the Proposed Project (29 af/yr) is 23 af/yr higher that the recycled water demand included in the DSRSD 2010 UWMP (6 af/yr) for the Proposed Project site.
However, sufficient potable and recycled water supplies will be available to meet the projected water demands for the Proposed Project due to changes in land uses and planned development within the City of Dublin that have occurred since 2010, and the implementation of recycled water projects in established parts of DSRSD’s service area, which have resulted in a reduction of DSRSD’s ultimate potable water demand.
Potable Water Supply Sufficiency
Zone 7 is DSRSD’s sole potable water supplier and Zone 7 is aggressively planning for water supply programs and projects to meet the water demands of its customers through buildout of adopted General Plans. With Zone 7’s planned programs and projects implemented, DSRSD anticipates sufficient water supply for approved planned projects in its service area. However, as described in this WSA and in DSRSD’s 2010 UWMP15, if Zone 7’s planned programs and projects are not implemented, DSRSD anticipates:
Approximately 3 percent water supply shortage starting 2030 during Normal years; Approximately 1 percent water supply shortage starting 2035 during a Single Dry year; For a Multiple Dry year event that starts in 2025, DSRSD will receive 100 percent of its total potable demand in the first year, 100 percent of its total potable demand in the second year, and 72 percent of its total potable water demand (28 percent water shortage) in the third year; For a Multiple Dry year event that starts in 2030, DSRSD will receive 98 percent of its total potable water demand (2 percent water shortage) in the first year, 100 percent
15 See Section 5.1.2.4 DSRSD Water Supply Reliability, DSRSD 2010 Urban Water Management Plan, June 2011.
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of its total potable demand in the second year, and 69 percent of its total potable water demand (31 percent water shortage) in the third year; For a Multiple Dry year event that starts in 2035, DSRSD will receive 98 percent of its total potable water demand (2 percent water shortage) in the first year, 100 percent of its total potable demand in the second year, and 69 percent of its total potable water demand (31 percent water shortage) in the third year.
As noted in Section 6.1.3, for the Multiple Dry year events shown above, the higher water supply availability during the second year of each multiple dry year scenario is primarily due to the occurrence of a wet year in the midst of the dry year sequence that was used in Zone 7’s water supply model.
Projected future potable water demand within DSRSD’s service area is projected to be less than what was projected in the 2010 UWMP due to changes in land uses and planned development within the City of Dublin that have occurred since 2010, and the implementation of recycled water projects in established parts of DSRSD’s service area, which results in a reduction of DSRSD’s ultimate potable water demand. The DSRSD 2015 Water System Master Plan Update, currently being prepared, provides updated potable water demand projections for the DSRSD service area as follows:
For 2020, the potable water demand is projected to be 13,690 af/yr (2,310 af/yr less than projected in the 2010 UWMP); and For 2035, the potable water demand is now projected to be 15,840 af/yr (2,660 af/yr less than projected in the 2010 UWMP).
A major reason for this reduced future potable water demand is the permanent conversion of existing potable water irrigated landscapes to recycled water and the planned expansion of the recycled water system (both treatment and distribution facilities) to provide for additional recycled water use within DSRSD’s service area in the future.
DSRSD plans to continue to manage and further reduce its potable water demands through additional conservation efforts and continued implemented of its recycled water program. The District’s 2010 UWMP and this WSA are intended to be long-term planning documents evaluating the future availability of water supplies to meet projected water demands under various hydrologic conditions. However, if supply shortages occur, DSRSD may have to invoke its Water Shortage Contingency and Drought Plan, described in its 2010 UWMP, as it has in response to the current drought conditions (the District is currently in Stage 2 of its Water Shortage Contingency and Drought Plan).
An example of such measures occurred in 2015 in response to the on-going drought conditions and Governor Edmund G. Brown’s April 2015 Executive Order B-29-15 which among other actions directed the SWRCB to impose various restrictions to achieve a statewide 25 percent reduction in potable urban water use. In May 2015, the DSRSD Board of Directors adopted drought regulations to curtail system wide water usage by 16 percent as compared to the same period in 2013 as originally directed by the SWRCB (it should be noted that DSRSD’s conservation tier was subsequently revised to 12 percent). The goal of DSRSD’s drought
40 Dublin San Ramon Services District August 2015 Water Supply Assessment for o\c\406\12-15-40\wp\071415_1RWSAKaiser Kaiser Dublin Development Plan Kaiser Dublin Development Plan Water Supply Assessment
regulations is to reduce indoor water use by 5 percent and outdoor water use by 33 percent. DSRSD’s customers have responded to the water use restrictions. The District’s water customers have responded to the call for water conservation. In June 2015, DSRSD’s customers reduced water demands by 43.5 percent as compared to June 2013.
Therefore, pursuant to Water Code section 10910(c)(4), and based on the technical analyses described in this WSA and the DSRSD 2010 UWMP, DSRSD finds that the projected potable water demands for the Proposed Project can be met by DSRSD during Normal, Single Dry, and Multiple Dry water years for a 20-year projection with sufficient water supply for approved planned projects in its service area if Zone 7’s planned programs and projects are implemented. If Zone 7’s planned programs and projects are not implemented, the Proposed Project would be subject to the same water conservation measures and water use restrictions as DSRSD’s other existing potable water customers as included in DSRSD’s Water Shortage Contingency and Drought Plan and water use regulations in DSRSD’s Code of Ordinances.
Recycled Water Supply Sufficiency
Although the projected recycled water demand for the Proposed Project is slightly more than that included for the Proposed Project site in the DSRSD 2010 UWMP, sufficient recycled water supplies are anticipated to be available to meet the projected water demands for the Proposed Project. Furthermore, DSRSD’s recycled water supply is reliable under Normal, Single Dry, and Multiple Dry water years.
As described in this WSA, as described in Section 4.2, because of the increased use of recycled water which is permanently reducing potable water demand within DSRSD’s service area, projected future recycled water demand within the DSRSD service area is likely to be higher than was projected in the 2010 UWMP. DSRSD is currently conducting a recycled water study in coordination with DERWA to evaluate future recycled water needs and opportunities within DSRSD’s service area and within the Tri-Valley area in coordination with the cities of Pleasanton and Livermore.
The current capacity of the DSRSD treatment facilities limits the current production of recycled water, In November 2014, DWR announced an award of a $4 million grant to expand the SRVRWP. The expansion of recycled water treatment and distribution facilities, which is in progress, will bring recycled water for landscape irrigation to the Santa Rita Jail and Federal Correctional Institution in central Dublin areas and west of Interstate 680 in Dublin. Also in 2014, the City of Pleasanton signed an agreement with DERWA that allows its treated wastewater to be used to produce recycled water. The agreement paves the way for a recycled water program in the City of Pleasanton and expansion of the SRVRWP water recycling plant to meet future needs within DSRSD and throughout the Tri-Valley area.
Therefore, pursuant to Water Code section 10910(c)(4), and based on the technical analyses described in this WSA and the DSRSD 2010 UWMP, DSRSD finds that the projected recycled water demands for the Proposed Project can be met by DSRSD during Normal, Single Dry, and Multiple Dry water years for a 20-year projection.
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8.0 WATER SUPPLY ASSESSMENT AND VERIFICATION APPROVAL PROCESS
10910 (g)(1) Subject to paragraph (2), the governing body of each public water system shall submit the assessment to the city or county not later than 90 days from the date on which the request was received. The governing body of each public water system, or the city or county if either is required to comply with this act pursuant to subdivision (b), shall approve the assessment prepared pursuant to this section at a regular or special meeting.
The DSRSD Board of Directors must approve this WSA at a regular or special meeting and provide it to the City of Dublin. Furthermore, the City of Dublin must include this WSA in the Draft Environmental Impact Report (EIR) being prepared for the Proposed Project.
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9.0 REFERENCES
California Department of Water Resources, State Water Project Draft Delivery Capability Report 2015, Draft Report, April 2015. California Department of Water Resources, State Water Project Final Delivery Reliability Report 2013, Final Report, December 2014. City of Dublin, General Plan, adopted February 11, 1985, last updated September 16, 2014. Dublin San Ramon Services District, 2010 Urban Water Management Plan, June 2011. Wallace, Roberts & Todd, Eastern Dublin Specific Plan, January 1994, updated October 2014. West Yost Associates, DSRSD 2005 Urban Water Management Plan, May 2005. West Yost Associates, DSRSD 2005 Water Master Plan, December 2005. West Yost Associates, DSRSD 2015 Water System Master Plan, in progress. Zone 7 Water Agency, 2010 Urban Water Management Plan, December 15, 2010. Zone 7 Water Agency, 2011 Water Supply Evaluation, July 2011. Zone 7 Water Agency, Annual Review of Sustainable Water Supply, April 15, 2015. Zone 7 Water Agency, Revised Reliability Policy for Municipal & Industrial Supplies, Interoffice Memorandum dated October 16, 2012, adopted by Zone 7 Board of Directors on October 17, 2012.
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ATTACHMENT A Memorandum of Understanding between Dublin San Ramon Services District and Zone 7 for Cooperative Effort Regarding Groundwater Demineralization and Storage within the Livermore-Amador Valley (dated April 20, 2004)
ATTACHMENT B Zone 7 Water Agency Resolution No. 13-4230 Water Supply Reliability Policy (adopted October 17, 2012)
EXHIBIT 2 Attachment 1 to S&R Attachment 2 to S&R
Jordan Ranch Parcel South of The Groves Transit Center (“Lot 3”)
Kaiser Dublin
Potable Water Demand, af/yr 20,000 18,300 18,500 18,000 17,500 16,000 16,000 14,000 12,900 15,840 12,000 13,690
10,000
8,000
6,000
4,000
2,000
0 2010 2011 2012 2013 2014 2015 2020 2025 2030 2035 Actual Projected (2010 UWMP) Projected (2015 WMP) Kaiser Dublin Potable Water Demand = 112 af/yr Recycled Water Demand, af/yr 5,000 4,600 4,400 4,500 4,500
4,000 3,800
3,500
3,000 2,500 2,500
2,000
1,500
1,000
500
0 2010 2011 2012 2013 2014 2015 2020 2025 2030 2035 Actual Projected (2010 UWMP) Kaiser Dublin Recycled Water Demand = 29 af/yr
STAFF REPORT
District Board of Directors September 1, 2015
APPROVE KAISER PERMANENTE DUBLIN MEDICAL CENTER WATER SUPPLY ASSESSMENT
BACKGROUND
Under State law, larger scale development projects trigger the need for a formal water supply assessment prior to project approval. Senate Bill 610 (SB 610) on Water Supply Assessments imposes these requirements on certain projects. This requirement applies to residential projects of greater than 500 units, and commercial projects employing more than 1,000 persons or having greater than 250,000 square feet. Projects of smaller scale are not obligated to meet this requirement. SB 610 requires that the District must approve the assessment within 90 days of request, unless the city of jurisdiction allows a 30 day extension.
A proposed Kaiser Permanente Dublin Medical Center in Dublin meets the project description that requires an SB 610 Water Supply Assessment. Over the last 5 years, the District has completed two Water Supply Assessments, with the last one being for the Dublin Crossings Project (also known as the Camp Parks 187 Acres).
The Water Supply Assessments build upon the District’s long-term water supply planning, as expressed in the District’s adopted 2010 Urban Water Management Plant (UWMP). The UWMP was prepared in conformance with Senate Bill SB 610 Water Supply Assessments and SB 221 Written Verifications of Water Supply. The UWMP also includes a Water Shortage Contingency and Drought Plan. Prior to adoption, the 2010 UWMP was available for public review and distributed to the City of Dublin, City of San Ramon, City of Livermore, Citizens for Balanced Growth, and other parties associated with the “Agreement to Settle Water Litigation By and Between Zone 7 Water Agency, Dublin San Ramon Services District, et. al.” The District received no opposition to the UWMP. The State Department of Water Resources completed their review of the District’s 2010 UWMP and determined it complete on September 29, 2011.
DISCUSSION
Kaiser Foundation Hospitals has requested a water supply assessment for the Kaiser Permanente Dublin Medical Center Project (Project). The Project map is included as Attachment 1 to the S&R. The proposed land use program for the Project shows up to 1,200,000 square feet of facilities associated with the medical center, which includes medical offices, a cancer center, an energy center, commercial space and parking structure. The Project is undergoing planning review with the City of Dublin. The City of Dublin has determined that a project-specific water supply assessment in accordance with SB 610 is required for the Project. Kaiser submitted a letter to the District requesting a water supply assessment on May 6, 2015 (Attachment 2 to the S&R). In accordance with SB 610, the District needs to complete the assessment and its Board needs to approve it within 90 days of the request—by August 4, 2015. The City
1 Staff Report Kaiser WSA
has asked for a 30-day extension for a review and comment period. Approval of the water supply assessment is within the extension period.
In the Water Supply Assessment for Kaiser Dublin Development Plan (WSA, Exhibit A to Resolution) prepared by West Yost Associates for the District, proposed land uses specific to the Project were considered. Relevant sections of the District’s 2010 Urban Water Management Plan (UWMP) were referenced and incorporated.
The WSA shows that the proposed land use program will have a potable water demand that is 17 acre- feet per year (AFY) more than the demand included in the District’s UWMP for the Project site, and a recycled water demand that is 23 AFY more than the demand included in the District’s UWMP for the Project site. However, analysis shows that the District has adequate water supply for the Project due to land use changes and conversions from potable water use to recycled water use since 2010.
The District’s Water Master Plan Study is currently underway and projected potable water demands have been updated. Since 2010, the City of Dublin has adopted changes in land uses and planned development within the City of Dublin. The District has implemented recycled water projects and has plans for more recycled water projects that will permanently reduce ultimate potable demand and expand recycled water supply. The District also continues to implement water conservation measures. Overall, projected future potable water demand within the District’s service area, which includes demands for the proposed Project, is projected to be less than what was projected in the 2010 UWMP.
For 2020, the potable water demand is projected to be 13,690 AFY (2,310 AFY less than projected in the 2010 UWMP). For 2035, the potable water demand is now projected to be 15,840 AFY (2,660 AFY less than projected in the 2010 UWMP). Therefore, the WSA finds that the District has sufficient water supply for the proposed Project.
RECOMMENDATION
Staff recommends that the Board receive a presentation of the Water Supply Assessment, conclude that the District has sufficient water supply for the Project, and approve the Water Supply Assessment for the Kaiser Permanente Dublin Medical Center by Resolution.
Upon approval, the WSA will be delivered to the City and the developer for their use in the planning review of the Project.
2 Agenda Item 9H
Reference Type of Action Board Meeting of Engineering Services Manager Approve Agreement and Authorize September 1, 2015 Out of State Travel Subject Update on Biosolids to Energy, Approve Reimbursement Agreement with Synagro-WWT, Inc., and Authorize Out of State Travel for District Staff Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff D. McIntyre Board Member
Recommendation:
The Engineering Services Manager recommends the Board: a) receive an update on the Biosolids to Energy project, b) approve, by Resolution, a reimbursement agreement with Synagro-WWT, Inc., and, c) authorize, by Motion, out of State travel for the Engineering Services Manager, Operations Manager, and Senior Civil Engineer - Supervisory (subject to change per staff availability) to observe a prototype project in operation in Valencia, Spain.
Summary:
Since 2009, the District has participated in the Bay Area Biosolids to Energy (BAB2E) Coalition to develop a new technology hydrothermal water oxidation project to enable the District and other agencies to better manage their biosolids. The purpose of such a project is to both generate new energy from the biosolid waste stream and to provide another biosolid management strategy as a hedge against future regulatory and economic uncertainty with biosolids. Synagro-WWT, Inc., (Synagro) desires to develop a pilot project for the BAB2E Coalition at the District facility, but further testing of the hydrothermal water oxidation process proposed by Synagro is necessary. Moreover, site analysis and an economic feasibility study are necessary before the next steps of project development can proceed.
The next step would be evaluating the feasibility of a scalable pilot project at the District facility. Although the BAB2E Coalition and one or more of its members would support the District in its efforts, the District would take the lead and invest up to $100,000 of funding currently budgeted in “DSRSD Participation in Regional Biosolids Facility Project” (CIP 07- 3201). Moreover, there would be a significant investment of staff time, which would require deferral of one or more planned lower priority capital projects in order to expedite this pilot project.
Synagro wishes to enter into a reimbursement agreement with the District to conduct preliminary environmental review and design. The estimated contract amount is $60,000. As part of the feasibility review, staff request Board approval for out of state travel this fall by District staff to observe the operation of a prototype project operated by Synagro in Valencia, Spain. The cost of this travel is estimated at $10,000. However, no budget adjustment is needed for the travel, only approval by the Board.
A staff report with a comprehensive status report on the BAB2E/Synagro project is attached.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Yes S. Delight Engineering
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $60,000 contract A. Regional Sewer Expansion (Fund 1. and $10,000 travel 320) 2. B. 3. H:\Board\2015\09-01-15\9H Biosolids to Energy\Biosolids Update S&R.docx RESOLUTION NO. _____
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT APPROVING A REIMBURSEMENT AGREEMENT WITH SYNAGRO-WWT, INC., FOR THE BIOSOLIDS TO ENERGY CONVERSION FACILITY ______
WHEREAS, the District is a member agency of the Bay Area Biosolids to Energy Coalition, a coalition of various public agencies located in the San Francisco Bay Area working together to evaluate and implement a biosolids management solution for the Bay Area; and
WHEREAS, Synagro-WWT, Inc., (Synagro) is obligated through a term sheet signed with the
Bay Area Biosolids to Energy Coalition to perform due diligence to investigate viability of hydrothermal oxidation technology for biosolids treatment; and
WHEREAS, the District and Synagro are collaborating to site and build a hydrothermal oxidation facility at the District’s Wastewater Treatment Plant that will convert biosolids to recoverable resources, including energy; and
WHEREAS, the hydrothermal oxidation facility will be designed, built and operated by
Synagro; and
WHEREAS, the District wishes to enter into a Reimbursement Agreement with Synagro for the preliminary design and California Environmental Quality Act (CEQA) compliance checklist for potential construction of the facility on District property; and
WHEREAS, should an agreement between the District and Synagro for final project implementation not be executed, the reimbursement outlined in the Reimbursement Agreement would become due and payable.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF DUBLIN
SAN RAMON SERVICES DISTRICT, a public agency located in the Counties of Alameda and Contra
Costa, California that:
1 Res. No. ____
1. That certain agreement titled “Reimbursement Agreement” (Exhibit “A”) by and between
Dublin San Ramon Services District and Synagro-WWT, Inc., is hereby approved, and the
General Manager and District Secretary are hereby authorized and directed to execute, and
to attest thereto, respectively, said agreement for and on behalf of Dublin San Ramon
Services District.
ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, Counties of Alameda and Contra Costa, at its regular meeting held on the 1st day of September 2015, and passed by the following vote:
AYES:
NOES:
ABSENT:
______Edward R. Duarte, President
ATTEST: ______Nicole Genzale, District Secretary
H:\Board\2015\09-01-15\Biosolids to Energy\Biosolids Synagro RES.docx
2 Exhibit A to Resolution
Reimbursement Agreement
This Reimbursement Agreement (“Agreement”), made and entered into this ___ day of September 2015, by and between Dublin San Ramon Services District, located at 7051 Dublin Boulevard, Dublin, California 94568 (“DSRSD”) and Synagro-WWT, Inc., a corporation incorporated under the laws of the state of Maryland (“Synagro”), with an address at 435 Williams Court, Suite 100, Baltimore, MD 21220. DSRSD and Synagro are each referred to hereinafter as a Party and together as the Parties.
WHEREAS, DSRSD is a member agency of the Bay Area Biosolids to Energy Coalition, a coalition of various public agencies located in the San Francisco Bay Area that are working together to evaluate and implement a biosolids management solution for the Bay Area (together, such agencies are the “Coalition”); and
WHEREAS, DSRSD and Synagro are collaborating to site and build a hydrothermal oxidation facility at DSRSD’s wastewater treatment plant that will convert biosolids to recoverable resources, including energy (“Project”). The hydrothermal oxidation facility will be designed, built and operated by Synagro as a merchant facility as part of the Bay Area Biosolids to Energy program, which was envisioned by the Coalition; and
WHEREAS, the Coalition and Synagro are parties to that certain Non-Binding Term Sheet for a Future Biosolids to Energy Project Agreement dated as of February 19, 2015 (the “Term Sheet”); and
WHEREAS, the Term Sheet anticipates that Synagro will perform certain tasks prior to execution of any binding agreement between Synagro and the Coalition or DSRSD; and
WHEREAS, Synagro is willing to perform such tasks if Synagro has a legally binding commitment from the Coalition or DSRSD to reimburse Synagro, upon the conditions set forth herein, for the costs of such tasks; and
WHEREAS, the Coalition and its members or DSRSD are willing to provide such legally binding commitment on the terms and conditions herein set forth; and
WHEREAS, the Activities defined below will be performed in furtherance of the transaction contemplated by the Term Sheet.
NOW THEREFORE, for consideration mutually acknowledged, DSRSD and Synagro hereby agree as follows:
1. Activities: As a precursor to Phase I as set forth in the Term Sheet, Synagro will perform the following activities (collectively the “Activities”):
a. Preliminary design and cost estimating to establish a preliminary, site specific facility construction cost (the “Design Activities”); and
b. Preliminary CEQA analysis (i.e., initial CEQA checklist) to inform DSRSD of the CEQA process.
1 2. Expenditure Limits: In no event shall Synagro be entitled to reimbursement of amounts in excess of the following for the Activities which are further defined by example in Exhibit A:
a. Design Activities: $55,000.
b. CEQA Activities: $5,000.
c. Notwithstanding the foregoing, Synagro may reallocate unused amounts from one activity to any other activity so long as the total amount to be reimbursed does not exceed the sum of the applicable amounts set forth in clauses a. through b.
3. Costs Subject to Reimbursement: Reimbursable costs incurred in performing the Activities are as follows:
a. Third party costs, without mark-up.
4. Reimbursement: in the event that a binding Phase 1 Project implementation agreement is not executed by the Coalition or one of its participating agencies and Synagro within 180 days of completion of the Activities, as the same may be extended, Synagro’s expenditures for the Activities shall be reimbursed by DSRSD within forty-five (45) days of receiving an invoice therefor (after expiration of 180 period). Such invoice shall be accompanied by sufficient documentation for DSRSD to verify compliance with this Agreement.
5. Notices: All notices herein provided to be given or made, or which may be given or made by either Party to the other, shall be deemed to have been duly given and made when made in writing and sent postage prepaid certified or registered mail, return receipt requested, or overnight, express mail delivery and addressed as set forth in the preamble to this Agreement.
6. Assignment. Synagro may, upon notice to DSRSD, assign and novate its rights and obligations hereunder to any affiliate of Synagro, effective upon the written assumption of the affiliate of Synagro’s obligations under this agreement.
7. Miscellaneous. This Agreement and the Term Sheet contain the entire agreement between the Parties related to the subject matter hereto and cannot be changed or terminated except by written instrument subsequently executed by the Parties hereto. This Agreement is executed by a representative of each Party with the authority to bind such Party. This Agreement and the terms and conditions hereof apply to and are binding on the heirs, legal representatives, successors, and assigns of both Parties. This Agreement shall be governed by the law of the state of California. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument.
2 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives on the day and year first above written.
SYNAGRO-WWT, INC. DUBLIN SAN RAMON SERVICES DISTRICT
By: By:
Name: Name:
Title: Title:
Date: Date:
Attest: Nicole Genzale, District Secretary
3 EXHIBIT A
Scope Outline – Design Activities
The following key tasks are included in the scope:
• Information Collection – This task includes preparing information requests for Synagro, participating in teleconferences, and reviewing technical data and information provided by Synagro. • Utility Needs Evaluation – The proposed A30 system will require electricity and natural gas at startup, and ongoing demands for process water, cooling water, and instrument air. In addition, the system will have water/effluent that will be discharged and require processing at the wastewater treatment plant (WWTP). Based on information included in the responses to requests for additional information, Consultant will size, layout, and develop the estimated construction cost of the new facilities. It is assumed that DSRSD’s existing utilities within the plant will be extended to the proposed location. If DSRSD’s existing utilities not have adequate capacity, the cost of expanding the utility infrastructure will be compared to bringing in a new utility service. • Evaluate Impacts to WWTP - The project system will generate a small quantity of water that will need to be handled by DSRSD. It is anticipated that this water will be low in solids, COD, and ammonia. If the water will require treatment by the DSRSD WWTP, this task will quantify what, if any impact the project will have to the capacity or operation of the WWTP. • Building and Fire Code Review – Because of the high temperatures and pressures of the proposed system, local building and fire codes will be reviewed to incorporate any special building construction and safety requirements into the system design and costs. • Siting Analysis and Layout - Based on process area layouts and other information provided by Synagro, the Consultant will develop layout sketches unless the new facilities cannot be located at a site near DSRSD’s biosolids lagoons and spreading operation. Layouts will be developed in AutoCAD and incorporate: connections to on-site and District utilities; any storage or equalization required for the solids loading or thickening areas, storage and loading or unloading areas for raw materials such as liquid oxygen, chemicals, or finished product; and will consider vehicular traffic and circulation. A plan and elevation drawing will be prepared along with a yard piping and paving and grading plan at 1”=20’ scale. Results of previous tasks will be incorporated into the layout drawings. • Construction Cost Estimate – Based on information developed to date, a preliminary construction cost estimate will be developed for the new facilities. The estimate will be prepared to an AACE (American Advancement of Cost Engineering) Class 4, which typically reflects between 1 and 15 percent design. The estimate will be based on takeoffs for major building materials, equipment, and utilities. Allowances will be made for items that are not well defined yet, such as the level of automation and integration that DSRSD or Synagro will need with the plant SCADA system.
4 Scope Outline – CEQA Activities
Conduct Preliminary Environmental Evaluation – conduct a preliminary environmental evaluation for the Project. To prepare the evaluation, an environmental checklist will be prepared that identifies the key environmental issues associated with the Project facility development. Based on a review of environmental issues identified in the checklist, the appropriate level of California Environmental Quality Act (CEQA) compliance shall be determined. The Preliminary Environmental Evaluation will specifically identify the CEQA lead agency for the project and will determine whether the project complies with the requirements of a Statutory or Categorical Exemption, or whether the preparation of a Negative Declaration or Mitigated Negative Declaration will be necessary.
5 STAFF REPORT
District Board of Directors September 1, 2015
UPDATE ON BIOSOLIDS TO ENERGY, AWARD OF REIMBURSEMENT AGREEMENT WITH SYNAGRO, AND AUTHORIZATION OF OUT OF STATE TRAVEL FOR DSRSD STAFF
BACKGROUND
The District’s Biosolids Master Plan, accepted by the Board in 2007, included a recommendation that the District diversify disposal options to respond in a timely manner, in case changes in regulations or public acceptance affect the District’s ability to continue disposal of biosolids on the District’s Dedicated Land Disposal (DLD) site. The recommendation was made because of the long lead time required to develop a biosolids disposal option if the need arises.
In 2009, the Board directed District participation in the Regional Biosolids Coalition, subsequently rebranded as the Bay Area Biosolids to Energy (BAB2E) Coalition to carry out the recommendation of the Master Plan. The Coalition consisted of 17 Bay Area agencies working together to develop a regional biosolids to energy disposal project. A Joint Exercise of Powers (JEPA) was formed. Participation in the regional biosolids program has been and continues to be incorporated into the District Strategic Plan.
Over the last six years, it has become clear that development of a biosolids alternative is critical to the District for a number of reason. These include the growing uncertainty about regulatory changes for disposal of solids. Secondly, traditional biosolids disposal at a landfill would involve significant capital investment for dewatering facilities. For example, the approved 10-Year CIP Plan envisions up to $17.1 million in current dollars for dewatering capital infrastructure under the Biosolids Dewatering Facility Project (CIP T00-36). Lastly, alternative technologies for solids allow for recycling of raw materials (water, nutrients, and other chemicals) and energy production. Doing so furthers the evolution of the DSRSD Wastewater Treatment Plant towards becoming a complete Resource Recovery Facility, consistent with Strategic Goal 3.03.10.
Currently, there are 20 public agencies that are participating agencies in the BAB2E Coalition, and the City of Pleasanton is considering joining the coalition as a member on September 1, 2015. The movement is gaining momentum and a potential project has been identified. The project meets the BAB2E objectives that have been requested.
Previous DSRSD expenditures associated with membership in the BAB2E Coalition1 amount to $363,000 through the DSRSD Participation in Regional Biosolids Facility Project (CIP 07-3201). Another $100,000 of budgetary authority remains per the approved Capital Budget for FYE16 and FYE17.
In May, the Board received an update on the BAB2E efforts, and expressed support for participation in a project. This support was further expressed in the adoption of the updated Strategic Plan this spring, where the following Strategic Goals and Work Plan items were approved by the Board:
1The City of Pleasanton will be considering membership at their Council Meeting on September 1, 2015.
H:\Board\2015\09-01-15\9H Biosolids to Energy\Biosolids Update and Award of Reimbursement with Synagro.docx 1 • Strategic Goal 2.06 – Diversify Management of Biosolids to Reduce Exposure to Operational, Environmental, and Financial Risks. • Strategic Work Plan Task 2.06.02 – Encourage City of Pleasanton to participate in the Bay Area Biosolids to Energy (BAB2E) program and pilot project. • Strategic Work Plan Task 3.06.05 – Complete the Bay Area Biosolids to Energy (BAB2E) Feasibility Study, with objective of having DSRSD serve as one of the “pilot project” sites.
When initiated, BAB2E was envisioned to be a traditional planning/environmental, design and construction project and, initially, contracts with consultants were executed to proceed in that fashion. In addition, state and federal lobbying contracts were executed to obtain funding support for the project.
As work progressed as planned and knowledge of the project spread, the BAB2E Coalition was contacted by a number of private companies wishing to propose a “merchant” facility. A “merchant” facility is one designed, built, and operated by a private entity. The members would enter either jointly or independently into contracts with the merchant facility to deliver a minimum amount of biosolids at a tipping fee for a minimum of 20 years.
Two firms proposed and it was decided to negotiate non-binding term sheets with both. The firms were Max West and SCFI. Shortly after the negotiations began with each company, Max West filed for bankruptcy. About the same time, SCFI partnered with Synagro, and decided to have Synagro take the lead in project development. Synagro and SCFI had already teamed up for the proposal with Synagro as the facility operator to try to develop a hydrothermal water oxidation project for BAB2E. Further technical details of such a project, and how it could be beneficial to DSRSD, are contained in Attachment A to this staff report.
A non-binding term sheet was signed by BAB2E Coalition in February 2015 with Synagro (Attachment B). The term sheet includes a formula for the tipping fee for users taking biosolids to the facility for disposal. As of now, the total tipping fee has yet to be established. However, it will be in the range of $60-$90 per wet ton.
The BAB2E Coalition and Synagro are actively searching for grants on both the state and federal level to bring down the overall project cost, which might well be in the $10 million range. Another funding option are loan programs through the state. Currently, Synagro is working on getting approvals for low interest loans leveraging the public/private partnership. If this type of a loan comes through, the tipping fee for each load could be reduced by $6-$10 per wet ton over the life of the project.
DISCUSSION ON PROJECT IMPLEMENTATION GOING FORWARD
Throughout 2015, BAB2E Coalition and Synagro have worked diligently towards developing a project. The latest thinking is that one or more pilot projects, rather than a single large regional facility would be most practical to implement. Synagro evaluated three sites for the potential initial pilot project, and determined that the DSRSD facility would be optimal for Synagro primarily because there is no sludge dewatering on site. DSRSD’s biosolids are approximately 3% solids (mostly water). The unit requires the biosolids feed stock at approximately 15-18% solids. The planned operation would be to mix DSRSD’s biosolids with trucked in biosolids (approximately 25% solids) to achieve the desired consistency without using any additional water. DSRSD’s location also has benefits to others in the coalition, as DSRSD is at
H:\Board\2015\09-01-15\9H Biosolids to Energy\Biosolids Update and Award of Reimbursement with Synagro.docx 2 the intersection of major freeways and nearby several other agencies. The challenge for the DSRSD site is finding adequate space for the facility.
A major challenge for BAB2E Coalition is how to develop appropriate partnerships and financial mechanisms to implement a project. There are a number of unanswered questions. Recent staff concepts have revolved around forming some kind of joint powers authority consisting of major players in the BAB2E Coalition interested in participating in a pilot project at this time. However, this approach has not attracted sufficient interest from potential partner agencies. Moreover, faltering participation by other agencies arising from the deliberate pace of project development, dwindling BAB2E Coalition resources, combined with limited Synagro financial commitment at such a preliminary stage threatens the timely development of any pilot project.
As an alternative to build project momentum DSRSD, staff have worked with BAB2E Coalition to develop a concept whereby DSRSD would take the lead in developing a project with Synagro, deal directly with one or more partner agencies, and be supported by BAB2E Coalition. Based on this latest thinking, BAB2E Coalition would be a supporter of a pilot project, but would not be the “lead” on project development. This offers the possibility of accelerating a pilot project. The pilot project might address perhaps 10% of ultimate needs at the plant, and would be scalable.
However, for DSRSD to take the lead on accelerating a potential pilot project, a number of questions need to be answered:
1. Would such a project be of benefit to DSRSD’s long-term solids handling needs? 2. Will the technology work as envisioned in a prototype project? The technical feasibility of the technology needs to be demonstrated. Synagro has already committed to funding this feasibility study on behalf of BAB2E, and is committed to conducting and assessing operations of a prototype facility in Valencia, Spain to satisfy this requirement. 3. Is a pilot facility physically suitable at the DSRSD site from an operational standpoint, given potential site layout issues, traffic circulation, noise impacts, visual impacts, community acceptability, etc.? The physical suitability of the pilot project at the DSRSD facility, along with acceptability of the facility to the City of Pleasanton needs to be addressed. 4. What are the type and scale of potential environmental impacts of such a facility? Preliminary engineering and environmental review would be necessary to answer this. Synagro is willing to initiate such environmental review at its own cost, but has indicated they will need a reimbursement agreement to cover their “up front” costs if a project is ultimately determined to be infeasible. 5. Is such a pilot project even economically feasible? The economic feasibility of a pilot project for DSRSD needs to be determined, based on a number of contractual and operating arrangements. 6. Can an interested partner be found to provide a reliable supply of drier solids to blend with DSRSD’s wetter solids? A partner to provide dry solids as part of the process needs to be found. The San Francisco Public Utilities Commission is the most promising partner at the moment, but complex financial details need to be worked out and negotiated in an agreement, most preferably by an experienced consultant. 7. What types of operational and capital investment arrangements are available for a project, and what are the financial risks and opportunities to DSRSD? Could a mutually satisfactory operating and capital investment agreement be developed between DSRSD and the operator, Synagro?
H:\Board\2015\09-01-15\9H Biosolids to Energy\Biosolids Update and Award of Reimbursement with Synagro.docx 3 If all the above questions could be satisfactorily answered, future steps would include:
• Final environmental review and final design of a pilot project would need to be completed. • Installation and commissioning of the project would need to be completed.
Towards the goal of answering key project questions prior to initiating design of the project, staff propose that BAB2E spin off a pilot project, and that DSRSD explicitly take the lead on the project from BAB2E Coalition. Initial investment by DSRSD to address the many preliminary questions will require up to $100,000 to complete initial feasibility steps. The funding is currently authorized in the Capital Budget. The initial steps are:
1. Assess feasibility of a project to address long-term DSRSD solids handling needs. This work is already scheduled and budgeted as part of the Wastewater Treatment Plant and Biosolids Master Plan by West Yost Associates, and will be completed in 2016. 2. Enter into a reimbursement agreement with Synagro for up to $60,000 to conduct preliminary engineering and environmental review to further assess feasibility. 3. Collaborate with Synagro in assessing the physical suitability of the project at a DSRSD site. For example, how large would the facility be, what would be the various visual and noise impacts, how might truck traffic be routed, etc.? This would require DSRSD staff to join Synagro staff in observing the operational running of a prototype facility in Valencia, Spain to conduct a basic “reality check.” 4. DSRSD would hire a consultant to explore various financial and operating models, including establishing an appropriate partner with a long-term agreement to deliver drier solids to mix with DSRSD’s wet solids at the plant. These would range from Synagro installing the facility as a “merchant facility” at its cost, to DSRSD internally financing such a project with contractual guarantees on project performance by Synagro. This evaluation and concept development work would be done primarily by a consultant, Michael Brown under a task order that is pending approval by the General Manger. The cost of such preliminary study is $25,000.
Future steps would require additional financial investment by DSRSD through a supplemental appropriation to the Capital Budget, and drafting of operating and financial agreements to bring the pilot project to fruition and provide suitable financial/operating guarantees to the District.
RECOMMENDATION
Staff recommends that the Board receive an update on the Biosolids to Energy project, approve by Resolution a reimbursement agreement with Synagro up to $60,000, and authorize by Motion an out of State travel later in the fall for DSRSD staff to observe a prototype project in operation by Synagro in Valencia, Spain. The cost for the out of State travel is estimated at $10,000.
Attachment A: Technical Review of Synagro/SCFI Project. Attachment B: Non-binding Term Sheet signed February 2015 between BAB2E Coalition and Synagro.
H:\Board\2015\09-01-15\9H Biosolids to Energy\Biosolids Update and Award of Reimbursement with Synagro.docx 4 Attachment A to Staff Report
Technical Review of Synagro/SCFI Project and Potential Operating Benefits to DSRSD
The process under consideration is called hydrothermal water oxidation. It involves injecting the biosolids and oxygen into a high pressure (approximately 3,400 psi) high temperature (approximately 1,100 degrees F) environment where the biosolids are oxidized. Once the process is initially started, the oxidation reaction creates enough heat to continue the reaction as long as biosolids are fed into the unit. Byproducts are steam/hot water, CO2, and an ash of non-organics. Waste heat can be used to generate electricity or other beneficial uses on the host site. The CO2 can be captured and sold as commercial compressed CO2 or dry ice. Some constituents of the ash can be refined to pure elements such as phosphorus and other useful materials.
The project that is currently being reviewed is considered a small commercial demonstration project capable of 22.5 wet tons of biosolids per day. This is equal to 3-4 semi-truck loads of biosolids. To provide a sense of scale, the DSRSD Wastewater Treatment Plant produces about 100,000 gallons of biosolids at 2% solids per day (50 wet tons if converted to 15% solids). The facility would require a site of approximately 1/2 acre.
Currently, there is a smaller unit (1/10 scale) being constructed in Spain that will be operational this summer and will be fed by municipal biosolids. Synagro will be sending staff to observe start-up of the unit and they will also operate it for several weeks. This will help determine long-term operational costs.
At this time, DSRSD’s method of biosolids disposal works well and is very cost effective. The biosolids are pumped from the digesters to the Facultative Sludge Lagoons (FSL). Once the biosolids are in the FSL, it polishes for approximately five years before it is “harvested” and applied to the DLD, which is the bare land adjacent to the FSL. When biosolids are applied to the DLD they are still mostly water at 3-4% solids. The DLD soil is made of up a very stiff clay which is not very permeable. That property is ideal for the DLD as water from the land application does not seep down through the soil. However, it also causes the soil on the surface to become hydraulically impacted when harvesting biosolids. Due to the water content of the biosolids being applied to the DLD, the field will become too wet to drive the equipment in without becoming stuck. This will eventually prevent a lagoon from being totally cleaned in the summer. Essentially, biosolids will be produced at a rate faster than can be applied to the DLD.
At that time, dewatering will need to be added to the process to remove the portion of biosolids that cannot be land applied. Based on previous studies, the timing to add dewater to the process is approximately in 2018, to be completed in several phases for an estimated cost of $17.1 million in 2015 dollars. However, we are currently working on a 2015 Wastewater Treatment Plant and Biosolids Master Plan and that may adjust the timing based on information from the new Master Plan.
This pilot project at the DSRSD site could demonstrate that a future expanded project could be an alternative needed to maximize biosolids disposal capacity at our existing DLD. Only a small portion of biosolids could be diverted to the B2E facility, thus, reducing the impact to the FSL and DLD. This small percentage is more costly than the current disposal method; however, when blended with the overall disposal cost, the cost would remain low.
H:\Board\2015\09-01-15\9H Biosolids to Energy\Biosolids Update and Award of Reimbursement with Synagro.docx 5 Attachment B to Staff Report
Synagro and Bay Area Biosolids to Energy Coalition FINAL
NON-BINDING TERM SHEET
FOR A FUTURE BIOSOLIDS TO ENERGY PROJECT AGREEMENT
This term sheet is dated February 19th, 2015 and is between the Bay Area Biosolids to Energy Coalition, a coalition of public agencies located in the San Francisco Bay Area and party to a joint exercise of power agreement, that are working together to evaluate and implement a biosolids management solution for the Bay Area (together, such agencies are the “Coalition”), and Synagro-WWT, Inc., a corporation incorporated under the laws of the state of Maryland (“Synagro”).
This term sheet contains the parties’ preliminary non-binding agreement on basic terms to use as a framework for the negotiation of a future binding definitive agreement (the “Agreement”) to engage in a public/private partnership (“PPP)”) for implementation of the Project described herein. The parties to the Agreement will be those Members of the Coalition that choose to participate in the project (each, a “Participating Agency,” and collectively, the “Participating Agencies”) and Synagro. . The Participating Agencies and Synagro are each also hereinafter referred to as a “Party” and collectively as the “Parties.”
The proposed transaction is subject to (i) the acceptance by both the Participating Agencies and Synagro of the principal terms of the Agreement as finally negotiated, and (ii) the negotiation, execution and delivery of any other agreements related thereto. It is understood that this term sheet does not constitute a binding contract, that the Parties do not intend to be legally bound, and the terms and conditions in the final Agreement executed by the Participating Agencies and Synagro shall supersede all prior negotiations of the Parties, including this term sheet. Unless and until a definitive Agreement has been executed by the Parties, the Coalition and Parties are free to terminate further negotiations at any time, with or without cause.
In negotiating and considering the approval of the Agreement, the Coalition and the Participating Agencies retain the absolute sole discretion to modify the transaction, create and enter into transactional documents, and modify the Project as may, in its sole discretion, be necessary to comply with CEQA, including: (a) select other feasible alternatives to avoid significant environmental impacts; (b) impose mitigation measures on the project to reduce or avoid any environmental impacts that may be associated with the project, (c) balance the benefits of the project against any significant environmental impacts prior to taking final action if such significant impacts cannot otherwise be avoided, and/or (d) determine not to proceed with the Project. No legal obligations will
1 exist unless and until the Parties have negotiated, executed and delivered the Agreement based upon information produced from the CEQA environmental review process and on other public review and hearing processes, subject to all applicable governmental approvals. The Term Sheet shall not be binding on the Participating Agencies, the Coalition, or Synagro, and the terms and conditions in the final Agreement executed by the participating parties shall supersede all prior negotiations of the parties, including this Term Sheet.
GENERAL TERMS
The Project: The Project is to design, build, operate and maintain a hydro thermal water oxidation facility in the San Francisco Bay Area that will employ SCFI’s AquaCritox A30 technology to convert biosolids from Participating Agencies and other municipal biosolids and/or organics into energy, clean water, carbon dioxide, and inert residues. The facility will be located in the San Francisco Bay Area, operated and maintained by Synagro (operated 24 hours per day, 7 days per week), and be capable of processing 22,500 tons of biosolids annually at 16 to 18 percent dry solids.
Term: The “Term” of the Agreement will be comprised of a Project Development Term, a Project Construction Term, and a Project Operations Term, each as defined below:
Project Development Term. The Project Development Term shall consist of two phases: Phase 1 of the “Project Development Term” will commence upon the execution of this Term Sheet; Phase 2 will commence upon completion of the Phase 1 activities and execution by the Parties of the Reimbursement Agreement as described herein. Phase 1 of the Project Development Term shall consist of activities associated with final site selection by Synagro and evaluation of SCFI AquaCritox technology by Synagro. Phase 1 activities shall not be included in the Reimbursement Agreement. Synagro shall pay for its own costs incurred for Phase 1 activities and any Phase 1 costs incurred by Coalition members shall be borne/paid for by Coalition members. Phase 2 activities shall include preliminary design engineering (30 percent design) and preparation of engineering construction cost estimates, CEQA/environmental permitting work, collaboration with Coalition in evaluating different project delivery and financing methods and financial models, and public outreach, for example. All Phase 2 activities shall be
2 subject to a Reimbursement Agreement, to be negotiated by the Coalition and the Parties.
The Project Development Term will end on the date that all of the conditions precedent to the construction of the facility have been met and a Notice to Proceed, as defined below, is issued by the Agencies. If the Notice to Proceed is not issued by March 31, 2017 (the “Initial Date”), the Agreement will terminate and be of no further force or effect. Notwithstanding the foregoing, should Synagro experience delays beyond its control (e.g., permitting), Synagro may, subject to the Participating Agencies’ approval which shall not be unreasonably withheld, extend the Project Development Term and Initial Date once or twice, each for six (6) months, by providing Coalition with prior written notice of such extension at least thirty (30) days prior to the then-current Initial Date.
Project Construction Term. If the conditions precedent to construction of the facility are met on or before the Initial Date, the “Project Construction Term” will commence the day after the Project Development Term ends. The Project Construction Term will end on the day that (i) Synagro has delivered a written notice to a representative of the Agencies stating that construction of the facility is Substantially Complete, as defined below, and (ii) the Participating Agencies have issued a written Notice to Proceed, as defined below, to Synagro.
Project Operations Term. The “Project Operations Term” commences on the date set forth in the Notice to Proceed and ends on the day before (i) the twentieth anniversary of its commencement if Synagro finances the construction and owns the facility, or (ii) the fifth anniversary of commencement (with three renewal periods of 5 years each exercisable by agreement of the Parties) if the Coalition finances construction and owns the Facility. In either case, the Project Operations Term may be extended by the mutual agreement of the Parties.
Ownership: Ownership of the facility will be determined during Phase 2 activities. The facility may either be owned by Synagro or by the Participating Agencies as may be agreed by the Parties prior to execution of the Agreement.
3 Financing: If the facility is owned by Synagro, Synagro shall arrange for the financing of the construction thereof and shall recover the capital costs over the Project Operations Term. If a Federal or State grant, Participating Agency capital provision, or loan (to the extent the loan reduces the Project’s cost of funds) is used to fund a portion of the capital cost of the facility, tipping fees will be adjusted accordingly.
Operation: Regardless of whether or not Synagro owns the facility, Synagro shall be the operator for the entire Project Operations Term unless terminated in accordance with the Agreement.
Tipping Fees: Each Participating Agency will pay Synagro tipping fees for each of its deliveries of biosolids, as defined below, to the facility. The standard tipping fee and potential adjustments to the tipping fee are addressed below under “Project Operations.”
Biosolids: The Participating Agencies will commit to deliver a certain quantity of acceptable biosolids to the facility each month. A table setting forth each Participating Agency’s commitment (“Commitment”) will be attached to the Agreement as an exhibit. The sum of all Agencies’ Commitments shall be the Design Throughput Level (i.e., 22,500 wet tons annually at 16 to 18 percent dry solids) for the Project Operations Term or equal.
Energy Sales: Details of the sale of energy, including any preferences given to internal use by Synagro or the Host Agency, if applicable, shall be detailed in the Agreement. The proceeds from the sale of electricity or other form of useful energy produced by the facility, if any, belong to Synagro. If Synagro desires to sell electricity, Synagro is responsible for applying to the appropriate power agency to connect the facility to a power grid. Synagro will bear the cost of any interconnection studies and fees and the cost of any improvements to the facility associated with the sale of electricity.
SITE The site selected by Synagro may be, but need not be, at one of the Participating Agencies’ sites (such Participating Agency, the “Host Agency”). Synagro shall so notify a representative of the Participating Agencies in writing when a site has been selected.
4 SITE USE AGREEMENT Synagro will enter into a separate agreement (the “Site Use Agreement”) with the site owner for the purchase or lease of the site. The Site Use Agreement shall cover such terms and conditions as Synagro and site provider require including performance of specific studies, price or rent, and termination.
Should Synagro enter into a Site Use Agreement with a Participating Agency, the Site Use Agreement shall include provisions requiring Synagro to mitigate any projected and identified negative impacts of the Project, including discharges to the Participating Agency’s wastewater treatment plant, operations and NPDES permit compliance, and that Synagro is responsible for planning, permits and all costs necessary to provide utilities required for the Project, including utilities provided by Participating Agency, including, but not limited to, water, sewer, drainage, gas and electrical services.
Synagro expects to pay reasonable purchase or rental and utility costs or provide in-kind services to the Host Agency for use of the site if a Host Agency site is selected. These site costs and services (including water supply and wastewater disposal) will be borne entirely by Synagro and shall constitute an allowable cost adjustment to the Tipping Fee.
Land Use Permits: Synagro is responsible for obtaining all necessary permits and land use approvals. The Participating Agencies will assist Synagro in obtaining same.
CEQA/NEPA: Subject to a separate Reimbursement Agreement, Synagro shall be responsible for performing and/or paying for the appropriate level of CEQA and National Environmental Quality Act (“NEPA”) documentation as may be required.
Site Layout The site shall be laid out in cooperation with other users of the site, in conformance with the outcome of the CEQA/NEPA findings, considering potential expansion of the facility, and be approved by the Host Agency and the Participating Agencies.
Outreach: During Phase 2 of the Project Development Term, Synagro shall assist and pay for the development and
5 implementation of a Coalition-led community engagement plan which communicates the social, environmental and economic value of the Project to stakeholders across all stages of the project. Synagro’s documented third party and Coalition-approved Synagro and/or SCFI staff costs for outreach activities shall be reimbursed in accordance with the separate Reimbursement Agreement.
Schedule: A preliminary schedule setting forth the anticipated completion date of Project Development Term tasks and milestones will be developed upon execution of this non- binding term sheet.
Design: Synagro is responsible for all design, survey and geotechnical investigations. A representative of the Participating Agencies (and Host Agency, if applicable) will review the site plan, facility layout, conceptual plan, and the design plan and specifications for consistency with the Performance Standards, defined herein. The Participating and Host Agencies’ representative will provide timely feedback to Synagro.
Conditions Precedent: The following conditions precedent must be satisfied before the Project Development Term ends and the Project Construction Term begins:
• All or a number of Participating Agencies shall have committed an adequate amount of biosolids for the term of the Project Operations (i.e., 22,500 wet tons annually at 16 to 18 percent solids; 20 years or equal, respectively) to the Project to make it economically and technically viable.
• Synagro must have purchased or leased, or executed an agreement to purchase or lease, an acceptable site for the facility.
• The Participating Agencies and Synagro shall have satisfactorily completed the requirements of CEQA and (NEPA if appropriate) and Synagro must obtain all pre-construction permits and regulatory agency approvals, including a review from the Bay Area Air Quality Management District (the “District”)
6 and authorization from the District in the form of an Authority to Construct.
• Synagro must have completed the design of the facility to the level needed for preparation of a detailed construction cost estimate, including a site survey and geotechnical investigation (as needed).
• Synagro must have secured water, sewer, energy, and if applicable, electrical interconnection agreements as required to commence construction.
• If Synagro intends to sell electricity generated by the facility within the first year of the Project Operations Term, Synagro must have executed all necessary power sales, purchase, and interconnection agreements.
• The Agencies must have received proof that Synagro has sufficient funds to complete construction of the facility. The proof can be in the form of (i) a standby letter of credit, (ii) a balance sheet showing adequate funds or resources set aside for the Project, along with a written statement from Synagro’s chief financial officer confirming the funds have been set aside for the Project, or (iii) other evidence acceptable to the Agencies.
• The Agreement has been executed and delivered by the Participating Agencies and Synagro.
Once Synagro is satisfied that all of the conditions precedent have been satisfied, Synagro will submit a report to the designated representative of the Participating Agencies that provides evidence of the satisfaction of each condition. Within 30 days of the receipt of the report, the Participating Agencies will (i) advise Synagro if additional information is required or that additional steps need to be taken in each case to satisfy the conditions of the Agreement, or (ii) issue a Notice to Proceed with Construction. For purposes of the Agreement, a “Notice to Proceed” means a written statement, signed by the designated representative of the Agencies, stating that Synagro has demonstrated to the Agencies’ satisfaction that the conditions precedent for the commencement of the next Term have been met. In this context, the Notice to Proceed
7 will set forth the date the Project Development Term ends and the Project Construction Term begins.
PROJECT CONSTRUCTION
Schedule: A schedule setting forth the anticipated completion date of Project construction tasks and milestones will be attached to the Agreement as an exhibit.
Monthly Reports: Synagro shall provide monthly project reports throughout the Project Construction Term.
Permits: Synagro is responsible for obtaining all required construction permits and complying with all applicable laws.
Utilities: Synagro is responsible for arranging all necessary utilities to be brought to the site, including but not limited to water, sewer, drainage, gas and electrical services.
Local Labor Synagro shall endeavor to utilize qualified local workers for the construction of the facilities.
Performance Standards: Synagro shall cause the facility to be constructed in accordance with the following performance standards (together, the “Performance Standards”):
• The facility must be constructed by qualified, well- trained, adequately supervised workers, in a good and workmanlike manner, free from design, material and workmanship defects in accordance with the Agreement and with all applicable laws and restrictions, including the environmental performance criteria specified in the Agreement.
• The facility must be designed to generate usable energy by converting biosolids to one or more energy products, such as steam or electricity, as described in Synagro’s proposal dated October 16, 2013.
• The facility must be designed to have the capacity to receive and process 22,500 wet tons annually of biosolids with a solids content ranging from 16 to 18 percent (the “Design Throughput Level”).
8
• Other performance standards as agreed to by the Parties as may be appropriate should public agency financing be selected.
Performance Testing: Prior to the facility being deemed “Substantially Complete” Synagro will perform a comprehensive test of the functionality of the facility (the “Performance Test”). The Performance Test will measure (i) the throughput capacity of each process, (ii) energy consumption, (iii) usable energy generated, (iv) by-product generation, and (v) emissions.
The Performance Test is to be performed using normal operating procedures at approved staff levels by Synagro. The Performance Test is to be conducted over two weeks with the following parameters: • 48 hours of continuous operation at Design Throughput Level of 22,500 wet tons annually at 16 to 18 percent solids.
At the election of the Participating Agencies, the Participating Agencies may retain an independent third- party consultant to observe the Performance Test. All costs associated with the independent third-party consultant shall be borne by the Participating Agencies. The Participating Agencies and the third-party consultant, if any, have the right to observe the Performance Test. Synagro shall provide the results of the Performance Test to the Participating Agencies and the third-party consultant. Any comments or observations the Participating Agencies and their third party consultant(s) may have on the conduct or the results of the Performance Test will be provided to Synagro within five business days of receipt of the results of the Performance Test.
Substantially Complete: For purposes of the Agreement, the term “Substantially Complete” means (i) construction of the facility has been substantially completed in accordance with the Performance Standards, (ii) there is no incomplete or defective work that unreasonably interferes with the operation of the facility, (iii) all necessary government approvals have been obtained, and (iv) the facility is ready to begin commercial operation. When Synagro deems the construction of the facility to be Substantially Complete, Synagro will deliver a written
9 notice to that effect to a representative of the Participating Agencies. Within 10 days of the receipt of Synagro’s notice of Substantial Completion, the Agencies will (i) advise Synagro if additional information is required or that additional steps need to be taken in each case to satisfy the conditions of the Agreement, or (ii) issue a Notice to Proceed. The Notice to Proceed with Operations will set forth the date the Project Construction Term ends and the Project Operations Term begins.
Liquidated Damages The Agreement shall stipulate the types and amounts of Liquidated Damages for failure to achieve specific performance requirements, including, but not limited to throughput, residue generation, useful energy production, reporting, and delivery vehicle turnaround.
PROJECT OPERATIONS
Biosolids Delivery: Cost. Each Participating Agency is responsible for the cost of its delivery of biosolids to the facility. A notification plan covering planned and unplanned facility downtime shall be developed and included in the Agreement.
Drop Off Site. Synagro shall provide a safe and clean area for the drop off of biosolids. Synagro shall cause the drop off site to be designed and operated in a manner that allows the hauler to complete the drop off within a timely manner of entering the site.
Delivery Receipts. The specifics of biosolids delivery and acceptance protocols shall be defined in the Agreement.
Delivery Schedule. It is currently assumed that Synagro will accept deliveries of biosolids at the facility 24 hours per day seven days a week. Synagro will have a designated person to schedule deliveries and ensure timely unloading of the biosolids. No deliveries will be accepted on the following holidays: New Year’s Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, provided the actual day the holiday is observed may be changed by Synagro by notifying the Participating Agencies of the change in writing at least 30 days in advance.
Unacceptable Biosolids. Synagro may reject the delivery of biosolids that are not acceptable for processing (“Unacceptable Biosolids”). The definition of Unacceptable
10
Biosolids, including a plan to determine biosolids quality, will be clearly defined in the Agreement. No tipping fee will be charged for Unacceptable Biosolids that are rejected prior to off-loading the biosolids. Providing Unacceptable Biosolids does not relieve the Coalition of its put or pay requirement.
Synagro shall direct haulers of rejected Unacceptable Biosolids to return such material to the source Participating Agency.
Ownership of Biosolids: Ownership of, and responsibility for, the biosolids (other than Unacceptable Biosolids) will transfer from the source Participating Agency to Synagro upon Synagro’s acceptance of the biosolids at the facility site.
Except for Unacceptable Biosolids that are rejected by Synagro, Synagro is responsible for the storage, disposal, treatment and disposition of the biosolids delivered to the facility. Synagro is also responsible for the disposition of any residual waste material generated at the facility.
Throughput Standards: The Parties will cooperate to operate the facility at the Design Throughput Level in each year of operation.
The Agreement will establish a process for determining throughput standards. The Agreement will further establish a process for review and cure of any failure to achieve Design Throughput level each year.
If in the first year of operation the facility does not process the Design Throughput Level other than by virtue of a failure by the Participating Agencies to supply the Committed quantity of biosolids (i.e., 22,500 wet tons annually at 16 to 18 percent solids), Synagro shall deliver to the Agencies, within thirty days of the end of the first year of operation, a commercially reasonable action plan to achieve the Design Throughput Level (a “Cure Plan”). The Agencies will have thirty days to approve Synagro’s Cure Plan or propose revisions to the Cure Plan. If Synagro does not accept the Agencies’ proposed revisions to the Cure Plan within thirty days of receipt of the proposed revisions, the matter shall be referred to dispute resolution.
If the Cure Plan is approved, or Synagro accepts the Participating Agencies’ proposed revisions to the Cure
11 Plan, then Synagro shall have 12 months thereafter (the “Cure Period”), to demonstrate that the facility is able to consistently process at the facility Design Throughput Level. If the facility is not able to consistently process at the Design Throughput Level or Adjusted Design Throughput Level, then absent further agreement of the Parties this Agreement shall terminate. If the facility is able to consistently process at least 75% of the Design Throughput Level, but is not able to process at the Design Throughput Level, Synagro may elect to reduce the Design Throughput Level (such amount, the “Adjusted Design Throughput Level”). Synagro may exercise the option to reduce the Design Throughput Level one time only.
If Synagro elects to establish the Adjusted Design Throughput Level, each Participating Agency’s Commitment will be reduced by a corresponding amount with no increase in tipping fees.
Operating Standards: Synagro shall cause the facility to meet the following performance standards throughout the Project Operations Term (together, the “Operations Standards”).
(1) adherence to the monthly equivalent of the Design Throughput Level or Adjusted Design Throughput Level, as applicable; and
(2) Any other standards as may be agreed prior to commencement of the Project Operations Term.
Termination Option: If the facility fails to achieve the Operations Standards in the 12-month period that follows the Cure Period, the Agencies may elect to terminate the Agreement by giving Synagro written notice of such election 180 days in advance of the termination date.
Tipping Fees: The “Tipping Fee” is the amount charged for biosolids (except Unacceptable Biosolids rejected prior to unloading at Project Site) that are delivered to the facility, by the weight, as measured in tons, of the biosolids that are delivered to the facility and accepted by Synagro.
The Tipping Fee is a pre-determined volume-based rate that will be set prior to finalizing the Agreement. It has two
12 basic components- the “Operations and Maintenance (O&M) Component” and, if Synagro finances the Project, the “Capital Recovery Component”. The O&M Component is subject to an annual adjustment as follows: (i) the portion of the O&M Component attributable to labor shall be adjusted in accordance with in the Wages and Salaries for Private Industry Workers in All Industries and Occupations Index as published by the Bureau of Labor Statistics for the San Francisco Bay Area, plus (ii) the portion of the rate attributable to the use of electricity (currently estimated to be about 8% of O&M cost) shall be adjusted based on actual costs and a guaranteed per ton maximum electricity consumption rate to be defined in the Agreement and (iii) the remainder of the O&M Component shall be adjusted in accordance with the change in Consumer Price Index as published by the Bureau of Labor Statistics for the San Francisco Bay Area.
The Capital Recovery Component of the Tipping Fee, if applicable, shall not be subject to the annual adjustment as it represents Synagro’s fixed debt service or return on equity costs.
The O&M Component of the Tip Fee will be finalized prior to finalizing the Agreement and shall be based on Synagro’s experience with operating a similar SCFI plant in Spain in early 2015. The method to determine Acceptable Biosolids characteristics and determine Tipping Fee cost adjustments will be described in the Agreement.
The Capital Recovery Component, if applicable, is dependent upon (i) site specific facility construction cost, which (subject to the Reimbursement Agreement described below) shall be based on Synagro’s Preliminary (30 percent) design and engineering construction cost estimate to be prepared during the Project Development Term, (ii) the method and costs of financing the Project, and (iii) the amount of grant or other funding applied to the Project.
The exact initial Tipping Fee shall be determined in the Agreement, based on (i) Synagro’s experience operating experience and operating a similar system in Spain, (ii) Synagro’s final site selection and site acquisition and use costs, (iii) completion of Preliminary design and site specific cost estimating (iv) results of the California Energy Commission Grant application and other grant funding
13
efforts and (v) determination of available private and public project financing method and cost.
Upon completion of the activities noted above, Synagro shall submit its pricing for a range of service delivery options, including the following: (1) A design-build-own- operate arrangement (including both Capital Recovery and O&M Components of the Tipping Fee) which covers the permitting, design, construction, and start-up, the financing of construction, and operations for a twenty-year Project Operations Term. Synagro shall present pricing both with and without Synagro-provided financing; (2) a design- build-operate arrangement (with a capital charge to be collected during the Project Construction Term and Tipping Fees (O&M Component only) thereafter) covering the permitting, design, construction, and start-up, and construction, and operations for a five-year Project Operations Term (with three 5-year renewal options upon agreement of the Parties) for which the Participating Agencies will provide the construction financing. Synagro’s pricing proposal shall contain sufficient information to enable the Coalition and Participating Agencies to understand the basis for the pricing. The agreed final Tipping Fee and capital charge, if applicable, shall be set forth in the Agreement, and (3) other as may be agreed to by the Parties.
Subject to the offset described in “Tipping Fee Offset” below, the amount to be paid by each Participating Agency during any period is equal to the result obtained by multiplying the Tipping Fee for such period by the greater of (i) the volume of biosolids delivered by such Participating Agency and accepted by Synagro during such period and (ii) the Participating Agency’s Commitment for the same period.
Tipping Fee Offset: If a Federal or State grant, Participating Agency capital provision, or loan (to the extent the loan reduces the Project’s cost of funds) is used to fund a portion of the capital cost of the facility, total Tipping Fees payable by all the Coalition Member Agencies will be reduced, to the extent such financial support was not already incorporated into the Tipping Fee, by an amount calculated at the time of
14 financing based on the annual capital recovery savings divided by the Design Throughput.
Outreach Synagro shall support the Coalitions on-going public outreach efforts by making the facility available for public tours (after construction is completed) and developing basic outreach materials that shall be defined in the Agreement, that describe the facility and its social, environmental and economic value to the community.
Local Labor Synagro shall endeavor to utilize qualified local workers for the operation of the facilities. MISCELLANEOUS
Reimbursement Agreement Subsequent to the execution of this non-binding Term Sheet and prior to the adoption of the Agreement, Synagro shall engage in several essential and expensive activities. These include, but are not necessarily limited to the following: • Preliminary design and cost estimating to establish an accurate, site specific facility construction cost; • Operation of SCFI’s plant in Spain; • Analysis to aid in additional CEQA (and possibly NEPA) review if required by the Participating Agencies; • Public Outreach support; and • Development, in conjunction with the Coalition, of the optimal PPP arrangements and Project Financing plan. • Finalization of pricing.
The Parties anticipate that Synagro’s expenses for these activities will be reimbursed to Synagro as part of the Project Financing. However, in the event that the Notice to Proceed with Construction is not issued by the Initial Date, including approved extensions, if any, certain of Synagro’s documented expenditures, including subcontactor expenditures, shall be reimbursed by the Coalition pursuant to the terms of a separate Reimbursement Agreement to be negotiated and signed by the Parties which shall be a condition precedent to Synagro’s commencement of Development Phase 2 Period.
Public Records Act: Any Participating Agency receiving a document request under the Public Records Act (the “PRA”) for material related to the project or the facility will promptly advise Synagro of receipt of the request. If the material sought
15 under the request is not subject to one of the exceptions to the PRA, the Participating Agency will provide the material to the requestor as required by law, unless, prior to the time the Participating Agency is required by law to release the material, Synagro obtains a protective order from a court of competent jurisdiction that blocks the release of the material. Synagro shall bear the cost of obtaining any protective order. Synagro shall indemnify each Participating Agency from all costs and liability incurred by the Participating Agency as result of the Participating Agency’s response to a PRA request in compliance with the Agreement.
Reporting and Audits: Synagro shall provide the Participating Agencies with quarterly and annual reports that describe key aspects of the facility’s operation. At a minimum, the reports are to include information about the source and quantity of biosolids received and diverted from land application, the type and quantity of useful energy produced, the amount and disposition of process residues, compliance or non- compliance with regulatory requirements, and scheduled and unscheduled downtime.
The Agencies have the right to inspect and audit Synagro’s financial statements and operating reports related to the Project.
Assignment Subject to the advance written approval of the Coalition, which shall not be unreasonably withheld, Synagro may assign its rights and obligations hereunder to an affiliate of Synagro or may cause any definitive agreement implementing these terms to be entered into by an affiliate of Synagro. An affiliate is defined as another entity owned and controlled by Synagro, that has a comparable level of financial strength and expertise as Synagro. Notwithstanding the above, Synagro may assign its rights and obligations under this Term Sheet or the Agreement to, or may cause the Agreement to be executed by, a special purpose entity owned and controlled by Synagro (or a parent of Synagro) and created to facilitate project financing.
If this term sheet sets forth general terms of the proposed transaction in a manner consistent with your understanding, kindly so indicate by signing on behalf of the Coalition and returning to the undersigned the enclosed duplicate of this term sheet. This term sheet does not constitute a binding contract, and the Coalition and Parties do not
16
Agenda Item 9I
Reference Type of Action Board Meeting of General Manager Filling Board Vacancy September 1, 2015 Subject Decide whether to Fill Board Vacancy by Making an Appointment or by Calling an Election Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff B. Michalczyk Board Member
Recommendation:
The General Manager recommends the Board decide, by Resolution (alternative resolutions for appointment and election attached), whether it wishes to fill the current Board vacancy by appointment or by having the voters fill the vacant position at the June 2016 election. If the Board chooses to make an appointment, the Board will, under the next item on the agenda, decide how any such appointment process would be conducted or give direction to staff to develop a process for later consideration.
Summary:
The August 19, 2015 resignation of Director Dawn L. Benson created a vacancy on the Board of Directors. There are two options to fill the vacancy: by making an appointment or by holding an election. If the Board chooses to appoint it must do so within 60 days of the effective date of the vacancy or on or before October 18, 2015. If an appointment is made, the new Boardmember would serve out the remainder of Director Benson’s term in office (through December 7, 2018). If the Board decides to fill the vacancy by election, the law effectively sets that election on June 7, 2016, meaning that the vacancy would remain until a newly elected Boardmember takes office after that election.
Attachment A is a more detailed explanation of the timing constraints that the Government Code places on the process. Attachment B presents relevant excerpts from the Government Code. The following should be considered by the Board:
• In this situation there is an incremental cost for a June 2016 election. It is estimated that the cost would be $135,000. There is no budget for that expense in FYE 2016 and so a budget adjustment would be required; • An election gives the voters control over who is seated; • An appointee would run in the 2018 election as a seated Boardmember; • There are no known issues on which a super-majority vote will be required prior to June 2016; • There would be a small savings in Boardmember costs between now and the June 2016 election; and • A significant amount of staff work can be saved over the next sixty days if elected rather than appointed.
If within sixty days of the vacancy, the Board has not made an affirmative decision to either appoint or hold an election, the law operates to give the Alameda County Board of Supervisors the prerogative to decide to appoint or hold an election. If Alameda County does not decide to appoint or hold an election within 90 days from the date of the vacancy, the law then deems that an election be held.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Yes B. Michalczyk Executive
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R TBD - If by election A. 900 1. Detailed Information about Processes and Timing Est. $135,000 B. 2. Excerpts from Relevant Government Code Sections
H:\Board\2015\09-01-15\9I Appoint vs Elect\Appoint vs Elect SR.docx Appointment Resolution
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT TO APPOINT AN INDIVIDUAL TO FILL THE VACANCY CREATED BY THE RESIGNATION OF DIRECTOR DAWN L. BENSON
WHEREAS, on August 19, 2015 the Board President received notification that
elected Director Dawn L. Benson resigned from her position effective immediately on
that date thereby creating a vacancy on the District Board of Directors; and
WHEREAS, the Board has deliberated on the matter of how best to fill the vacancy
on the Board of Directors in accordance with subdivision (c) of Government Code section
1780; and
WHEREAS, the Board has concluded that it is in the best interest of the District to appoint an individual to complete the term of this vacant seat.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF DUBLIN SAN RAMON SERVICES DISTRICT, a public agency in the Counties of
Alameda and Contra Costa, California, as follows:
1. The vacant seat on the Board of Directors of Dublin San Ramon Services
District shall be filled by appointment in accordance with subdivision (d) of
Government Code section 1780.
2. The District Secretary is hereby directed to notify the Boards of Supervisors
and the elections officials of the Counties of Alameda and Contra Costa that the
Dublin San Ramon Services District Board of Directors has decided to appoint
an individual to the District Board to fill the vacancy created by the resignation
of former District Director Dawn L. Benson. Res. No.
ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, Counties of Alameda and Contra Costa, at its regular meeting held on the 1st day of September 2015, and passed by the following vote:
AYES:
NOES:
ABSENT:
Edward R. Duarte, President
ATTEST:
Nicole Genzale, District Secretary
H:\Board\2015\09-01-15\Appoint vs Elect\Appoint - Res.docx Election Resolution
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT CALLING AN ELECTION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF DIRECTOR DAWN L. BENSON
WHEREAS, on August 19, 2015 the Board President received notification that elected Director Dawn L. Benson resigned from her position effective immediately on that date thereby creating a vacancy on the District Board of Directors; and
WHEREAS, the Board has deliberated on the matter of how best to fill the vacancy on the Board of Directors in accordance with subdivision (c) of Government Code section
1780; and
WHEREAS, the Board has concluded that it is in the best interest of the District to allow the voters of the District to fill the vacant seat by election.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF DUBLIN SAN RAMON SERVICES DISTRICT, a public agency in the Counties of
Alameda and Contra Costa, California, as follows:
1. The vacant seat on the Board of Directors of Dublin San Ramon Services
District shall be filled by election in accordance with subdivision (e) of
Government Code section 1780.
2. The District Secretary is hereby directed to notify the Boards of Supervisors
and the elections officials of the Counties of Alameda and Contra Costa that the
Dublin San Ramon Services District Board of Directors has decided to allow
the District voters to select an individual to fill the vacancy created by the
resignation of former District Director Dawn L. Benson at the next general
election currently scheduled for June 3, 2016. Res. No.
ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, Counties of Alameda and Contra Costa, at its regular meeting held on the 1st day of September 2015, and passed by the following vote:
AYES:
NOES:
ABSENT:
Edward R. Duarte, President
ATTEST:
Nicole Genzale, District Secretary
H:\Board\2015\09-01-15\Appoint vs Elect\Elect - Res.docx ATTACHMENT 1 Detailed Information about Processes and Timing
Notification Within 15-days: notify the County elections official (Registrar of Voters, Alameda and Contra Costa County) of the vacancy.
Appointment Process If the Board chooses to follow the appointment route, the Government Code Section 1780 provides that the Board shall make the appointment pursuant to subdivision (d) within 60 days after either the date on which the District board is notified of the vacancy or the effective date of the vacancy, whichever is later. In accordance with advice from District Counsel, the official notification to the Board occurred with Director Benson’s email transmittal of her resignation letter on August 19, 2015. Thus, the appointment must be made on or before October 18, 2015. Any appointment is effective immediately and the appointee may be given the oath of office and participate as a Director immediately following that action. Any potential appointee must otherwise be qualified to assume office as if they were elected (residency and being a registered voter).
The only legally mandated process requirements are that the District shall post a notice of the vacancy in three or more conspicuous places in the District at least 15 days before the District board makes the appointment and that the District notify the county elections officials (as above) of the appointment no later than 15 days after the appointment.
Elections Process If the Board chooses to follow the elections route, Government Code Section 1780, subdivision (e) provides that the Board shall call for such an election within 60 days after either the date on which the District Board is notified of the vacancy or the effective date of the vacancy, whichever is later. As above, operatively, this by itself would mean on or before October 18, 2015. Any such election would then be held on the next established election that is held 130 or more days after the date the District Board calls the election. This operatively means that any such election would be held on June 7, 2016 (the next one currently scheduled that would satisfy the 130 day criteria). Any candidate so elected would assume office thereafter.
The “No Action” Process If the Board takes neither step within the 60 day period (or if the Board would find itself in a 2-2 deadlock), the Government Code provides that the Board of Supervisors of the county representing the larger portion of the District area (Alameda County in our case) may appoint a person to fill the vacancy within 90-days of the date the District Board is notified of the vacancy or may order the District to call an election to fill the vacancy. It should be noted that the Board of Supervisors need not make such an appointment or order as this language is advisory and not directory. However, should neither the District nor the county Board of Supervisors act after 90-days, the Government Code then mandates that the District Board call an election to fill the vacancy. ATTACHMENT 2 Excerpts from Relevant Government Code Sections
Section 61042(c) Any vacancy in the office of a member elected to a board of directors shall be filled pursuant to Section 1780.
Section 1770 An office becomes vacant on the happening of any of the following events before the expiration of the term: (c) His or her (The incumbent’s) resignation.
Section 1780(a) Notwithstanding any other provision of law, a vacancy in any elective office on the governing board of a special district, other than those specified in Section 1781, shall be filled pursuant to this section.
Section 1780(b) The district shall notify the county elections official of the vacancy no later than 15 days after either the date on which the district board is notified of the vacancy or the effective date of the vacancy, whichever is later.
Section 1780(c) The remaining members of the district board may fill the vacancy either by appointment pursuant to subdivision (d) or by calling an election pursuant to subdivision (e).
Section 1780(d)(1) The remaining members of the district board shall make the appointment pursuant to this subdivision within 60 days after either the date on which the district board is notified of the vacancy or the effective date of the vacancy, whichever is later. The district shall post a notice of the vacancy in three or more conspicuous places in the district at least 15 days before the district board makes the appointment. The district shall notify the county elections official of the appointment no later than 15 days after the appointment.
Section 1780(d)(3) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general district election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall fill the balance of the unexpired term of office.
Section 1780(e)(1) In lieu of making an appointment the remaining members of the board may within 60 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, call an election to fill the vacancy.
Section 1780(e)(2) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days after the date the district board calls the election.
Section 1780(f) If the vacancy is not filled by the district board by appointment, or if the district board has not called for an election within 60 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, then the city council of the city in which the district is wholly located, or if the district is not wholly located within a city, the board of supervisors of the county representing the larger portion of the district area (1) in which the election to fill the vacancy will be held, may appoint a person to fill the vacancy within 90 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, or the city council or board of supervisors may order the district to call an election to fill the vacancy.
Section 1780(g) If within 90 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, the remaining members of the district board or the appropriate board of supervisors or city council have not filled the vacancy and no election has been called for, then the district board shall call an election to fill the vacancy.
Note 1: The District area in Alameda County is 9,754 acres; the District area in Contra Costa County is 7,966 acres. Agenda Item 9J
Reference Type of Action Board Meeting of General Manager Appointment Process September 1, 2015 Subject If Needed, Approve a Process and Schedule for the Appointment to Fill the Board Position Formerly Held by Dawn L. Benson Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff B. Michalczyk Board Member
Recommendation:
If, in the previous agenda item, the Board decides to fill the vacancy created by Director Benson’s resignation by appointment, the General Manager recommends the Board, by Motion, decide on the process to be used for that appointment or give conceptual direction to staff or a selected Committee to develop a process within the guidance given.
Summary:
If the Board chooses to appoint a person to fill the remainder of Director Benson’s unexpired term (through December 7, 2018) a process needs to be established for doing so. The law provides minimal standards for any process: • Must be completed within sixty days (by October 18, 2015); • Appointee must be a District resident and a registered voter; • Fifteen days notice must be given prior to any appointment decision; • A simple majority vote of the Board in open session is needed to make the appointment; and • The appointment is effective immediately upon any such affirmative vote. Thus, the administrative process leading up to the Board’s appointment decision can be as simple or as detailed as the Board decides.
At the simplest end of the spectrum the Board may, upon proper motion duly seconded, select a qualified person of their choosing and the process meets the criteria described above. A more detailed process was used in the summer of 2009 after Director Thomas W. Ford passed away. At that time, the Board successfully used an application / interview process that was developed by the then External Affairs Committee. An outline of that process with adjusted dates to fit the current calendar is attached.
The Board could also choose to refer the matter for further development to Committee (the Charters of the Administrative Affairs Committee as well as the Executive Committee could accommodate this effort if needed) to refine the attached process or develop an alternative process. That effort would need to be expedited per the attached schedule if the appointment process is to be completed within the sixty day period (alternatively special Committee or Board meetings could be called to shorten that time line).
The timeframe is crucial to a successful appointment within the sixty day period. Ideally, if the decision was made to appoint to fill the vacancy, the Board would be able to make a decision as to process at this meeting.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Yes B. Michalczyk
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R Staff time A. 900 1. Possible Process and Schedule Minimal costs for B. 2. Suggested Application Form advertising 3. H:\Board\2015\09-01-15\9J Appointment Process\Appointment Process SR.docx ATTACHMENT 1 POSSIBLE PROCESS AND SCHEDULE (Board Meetings are noted in bold font)
Schedule if Schedule if Board approves Board refers No. Action or Event Process on Process to September 1 Committee 1 Board decides to fill vacancy by Appointment. 9/1/2015 Board refers appointment process, schedule and application form to Committee and decided which Committee 2 NA 9/1/2015 (Administrative Affairs Committee or the Executive Committee). The appropriate committee meets (Special Meeting) to 3 develop a recommendation for the appointment process, NA 9/8/2015 schedule and application material. Board endorses the process, schedule and application material 4 9/1/2015 9/15/2015 developed by committee. Staff completes public outreach plan and post vacancy notices 5 9/4/2015 9/18/2015 as legally required. Applications will be available through the District Secretary 6 and on the website. An Information Packet about the District 9/8/20151 9/21/2015 will be made available to all applicants. FILING DEADLINE. - All applications received before the 5:00 p.m. deadline on this date will be accepted. The District 9/23/2015 9/30/2015 7 Secretary will verify voter registration as applications are (15 days) (9 Days) received. A letter will be sent by the Board President (return receipt requested) to the applicants notifying them of the exact time 8 and date to appear for their interview. The District Secretary 9/24/2015 10/1/2015 will follow up the letters with a phone call to all the candidates. IF NEEDED - The appropriate committee meets (Special Meeting) to finalize their recommendation on the decision making process (could be different depending on how many 9 9/29/2015 10/1/2015 candidates there are) that the Board will use to fill the vacancy. Staff will provide the Board with copies of all application packets. The Board will hold interviews with the applicants and 10 potentially make the appointment or possibly “short list” 10/6/2015 candidates for further consideration. 11 IF NEEDED - Special Board meeting to make appointment. 10/13/2015 12 Last date to appoint Director, prior to the deadline. 10/18/20152
1 Note that 9/7/2015 is Labor Day 2 Note that 10/18/2015 is a Sunday ATTACHMENT 2 SUGGESTED APPLICATION FORM +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DUBLIN SAN RAMON SERVICES DISTRICT
APPLICATION FORM
BOARD OF DIRECTORS
Applications and all supporting material must be submitted to Nicole Genzale, District Secretary, 7051 Dublin Blvd. Dublin CA 94568 not later than 5:00 p.m. ______, 2015.
Interviews will be conducted by the Board of Directors on Tuesday, October 6, 2015 starting at 6:00 p.m. in the District Board Room at the above address; the interviews will be open to the public including other applicants. You will be notified of your interview time. The order of the interviews will be determined by lot by the District Secretary.
APPLICATION MATERIAL SHALL BE LIMITED TO:
1. This fully completed form (Mandatory); 2. A resume consisting of no more than two (2) pages single spaced, with no smaller than 11 point font (Optional); and 3. A one page cover letter transmitting the above materials (Optional)
QUALIFICATIONS:
1. Must be a Registered Voter; and 2. Must legally reside within the boundaries of the District
Personal Information
Name:
Home Address: Home Phone:
Employer: Business Phone:
Type of Business:
Qualifications
1. Current Resident of District Yes No If “Yes” How Many years? 2. Registered Voter:1 Yes No / City/County where Registered
1 Will be verified with the Registrar of Voters Question No. 1: Why do you want to be on the Board of Directors?
Question No. 2: Describe the unique experience that you believe makes you the best candidate for an appointment to the Board of Directors. Question No. 3: What do you believe to be the top three policy issues facing the District and how do you believe you can contribute to developing a solution to them as a member of the Board of Directors?
Acknowledgement & Certification
1. I understand that all material provided by me in connection with this application is a public document and will be furnished by the District to any person including other applicants upon their request and without my approval or notification. 2. I certify that I am a registered voter and a legal resident of the Dublin San Ramon Services District and that I am not disqualified by the Constitution or laws of the State of California from holding a civil office and further that I am qualified to and am prepared to assume and hold the office as a member of the Board of Directors of the Dublin San Ramon Services District without reservation or condition. 3. I certify under penalty of perjury that all information provided in connection with my application for the Board of Directors of the Dublin San Ramon Services District is true.
Signature:
Print Name:
Date Signed:
H:\Board\2015\09-01-15\9K Appointment Process\Attachment 2 to SR Application.docx Agenda Item 9K
Reference Type of Action Board Meeting of General Manager Approve Proclamation September 1, 2015 Subject Approve Proclamation Honoring Dawn L. Benson
Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff B. Michalczyk Board Member
Recommendation:
The General Manager recommends the Board of Directors approve, by Motion, a Proclamation honoring Dawn L. Benson.
Summary:
Ms. Benson’s passion and hard work have been instrumental in shaping the District’s mission and capabilities since she was elected to the Board of Directors in 2010. Her legacy includes community wide and student education on the importance of appropriate water use to protect health and safety. Ms. Benson was a passionate advocate for water conservation and recycled water, and the programs that have been triggered by her convictions proved invaluable tools during the last two years of severe drought conditions. Finally, Ms. Benson held openness and transparency of governmental business as a core value, being a champion for re-vamping the District’s website and recording Board meetings for later viewing by the community. These accomplishments are a tribute to the leadership Ms. Benson brought to the Board during her five years of service to the community.
During her distinguished tenure, Ms. Benson performed the responsibilities of a District Director with the highest degree of professionalism and personal integrity.
To recognize and thank Ms. Benson for her dedicated work and friendship to the District, it is recommended that the Board approve the attached proclamation.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Not Required B. Michalczyk Executive
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R $0 A. 1. Proclamation B. 2. 3. H:\Board\2015\09-01-15\9K Benson Proclamation\Benson Proclamation SR.docx PROCLAMATION For Dawn L. Benson
In Recognition of her Service to Dublin San Ramon Services District and to the Community
WHEREAS, Dawn L. Benson was first elected to the Board of Directors of Dublin San Ramon Services District in 2010, was re-elected in 2014 and has served as President and Vice President during her tenure; and
WHEREAS, Dawn L. Benson applied her keen insight on complex issues while serving in a distinguished fashion on many of the Board’s committees including External Affairs, Personnel, Finance and Wastewater and helped the Board make solid policy decisions; and
WHEREAS, Dawn L. Benson represented the District on the Board of Directors of the Livermore Amador Valley Water Management Agency for five years, serving twice as Chair of that agency, and nurtured the District’s partnership with the Cities of Pleasanton and Livermore; and
WHEREAS, Dawn L. Benson has always been supportive of District educational outreach programs that visit classrooms and teach students how to use water wisely, how to keep water clean, and the value of recycled water; and
WHEREAS, Dawn L. Benson was a strong advocate for increased transparency and openness in government and was instrumental in the District becoming one of the first special districts in the Bay Area to video record its Board meeting and make those recordings available to the public; and
WHEREAS, Dawn L. Benson has always been a champion for water conservation and was key in the development of the District’s multi-faceted Drought Response Management Program that far exceeded mandated water conservation targets in both 2014 and 2015; and
WHEREAS, Dawn L. Benson has been a ceaseless advocate for the District’s customers and on numerous occasions worked towards common sense resolutions when service issues arose; and
WHEREAS, Dawn L. Benson has been a tireless advocate in bringing interpretive-based learning to the children of the Tri-Valley through her involvement with the Valley Children’s Museum having served on its board for four years and its President for the past two years, and
WHEREAS, Dawn L. Benson has worked cooperatively with local, state, and federal agencies and elected officials to build positive and productive relationships, unconcerned with who gets credit, always concerned with making our community a better place to live; and
WHEREAS, Dawn L. Benson has supported the staff of Dublin San Ramon Services District by always seeking to understand and respond to their concerns in an empathetic and businesslike manner; and
WHEREAS, the District is able to fulfill its mission to the people of the cities of San Ramon and Dublin as a direct result of Dawn L. Benson’s contributions as a Director, advocate, and team player.
NOW, THEREFORE BE IT PROCLAIMED that the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, Counties of Alameda and Contra Costa, thanks
Dawn L. Benson
for her hard work, insight, and leadership and commends her for fulfilling her responsibilities with integrity, diplomacy, and unwavering commitment to public service.
Adopted this 1st day of September 2015
______Edward R. Duarte, President D. L. (Pat) Howard, Vice President
______Georgean M. Vonheeder-Leopold, Director Richard M. Halket, Director
______Nicole Genzale, District Secretary
H:\Board\2015\09-01-15\9K Benson Proclamation\Benson Proclamation.docx Agenda Item 9L
Reference Type of Action Board Meeting of Administrative Services Manager Adopt Revised Resolution to Approve September 1, 2015 Insurance Premiums Subject Approve Health Insurance Contribution for Calendar Year 2016 For Stationary Engineers Local 39, Professional, Mid- Management, Confidential and Senior Management Employees and Rescind Resolution No. 65-15 Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff J. Archer Board Member
Recommendation:
The Administrative Services Manager recommends the Board of Directors approve, by Resolution, a health insurance premium contribution for the period of January 1, 2016 to December 31, 2016 for Stationary Engineers Local 39 (Local 39), Professional Employees Bargaining Unit (PEBU), Mid-Management Employees Bargaining Unit (MEBU), Confidential Employees Bargaining Unit (CEBU), and Senior Management employees and rescind Resolution No. 65-15.
Summary:
In mid-June of 2015, CalPERS notified contracting agencies of medical premium increases effective January 1 of the following calendar year. In accordance with contractual requirements of existing labor contracts and Personal Services Agreements, and Section 22892 of the Public Employees, Medical and Hospital Care Act, on an annual basis, the Board adopts a resolution to revise the employer contribution towards health insurance premiums and a copy of the resolution must be sent to CalPERS. On August 5, 2014, the Board adopted a resolution to set the employer contribution rate beginning January 1, 2015 for health insurance for Local 39, CEBU, PEBU, MEBU, Senior Managers and Board of Directors.
On August 4, 2015, the Board of Directors adopted a resolution approving the rates shown below. However, staff was informed by CalPERS on August 11, 2015 that a new resolution template was required in order to process a change in the employer contribution amounts for the 2016 plan year. Therefore, this action is being re-submitted for Board approval using the new resolution recitals as required by CalPERS, and requesting to rescind the action taken on August 4.
The maximum District monthly contribution rate for health insurance premiums would increase to the amounts as follows, effective January 1, 2016:
For Stationary Engineers Local 39, Professional, Mid-Management, Confidential, and Senior Management employees:
Employee Only: $627 Employee + One: $1,254 Employee + Family: $1,631
There is no budgetary action required of the Board, as the budgeted amount for the employer’s contribution towards health insurance premiums is estimated to be sufficient to cover these costs. The District has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above. Staff has also reviewed the requirements of the employer mandate under the Patient Protection and Affordable Care Act (PPACA) and has determined that the District meets compliance requirements.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Not Required C. Hoffmann Admin Services M. Gallardo
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R Current budget A. 1. sufficient to cover B. 2. costs 3. H:\Board\2015\09-01-15\9L 2016 Medical Rates - EE\S&R 2016 Medical Rates ActiveEE.docx RESOLUTION NO. ______
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT FOR STATIONARY ENGINEERS LOCAL 39, PROFESSIONAL, MID-MANAGEMENT, CONFIDENTIAL, AND SENIOR MANAGEMENT EMPLOYEES, AND RESCINDING RESOLUTION NO. 65-15
WHEREAS, the Dublin San Ramon Services District is a contracting agency under
Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital
Care Act (the “Act”); and
WHEREAS, Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by resolution; and
WHEREAS, Government Code Section 22892(b) provides that the employer contribution
shall be an equal amount for both employees and annuitants, but may not be less than the amount
prescribed by Section 22892(b) of the Act; and
WHEREAS, the Stationary Engineers, Local 39 (Local 39), Professional Employees
Bargaining Unit (PEBU) and Mid-Management Employees Bargaining Unit (MEBU) have met in good faith and agreed to labor contracts effective December 26, 2011 through December 18, 2016; and
WHEREAS, the Confidential Employees Bargaining Unit (CEBU) have met in good faith
and agreed to labor contracts effective December 26, 2011 through April 30, 2017; and
WHEREAS, the Senior Management employees have Personal Services Agreements in place
effective calendar years 2012 through 2016; and
WHEREAS, the specific language of these contracts establish the employer’s monthly health
benefit contribution to become effective January 1, 2016; and Res. No. ______
WHEREAS, the Board adopted Resolution No. 65-15 on August 4, 2015 to fix the amount of the employer contribution to become effective on January 1, 2016; and
WHEREAS, the California Public Employees Retirement System (“CalPERS”) now requires a new approved template resolution to be approved by the Board of Directors.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
DUBLIN SAN RAMON SERVICES DISTRICT, a public agency located in the counties of Alameda
and Contra Costa, California that:
(a) The employer contribution for each employee or annuitant shall be the amount
necessary to pay the full cost of his/her enrollment, including the enrollment of family
members, in a health benefits plan or plans, effective on January 1, 2016, up to a
maximum of:
Medical Group Monthly Employer Contribution Single Two-Party Family 002 Mid-Management Monthly $627.00 $1,254.00 $1,631.00 003 Senior Management Monthly $627.00 $1,254.00 $1,631.00 004 Confidential Monthly $627.00 $1,254.00 $1,631.00 005 Local 39 Monthly $627.00 $1,254.00 $1,631.00 011 Professional Monthly $627.00 $1,254.00 $1,631.00 007 Mid-Management Hourly $313.50 $627.00 $815.50 008 Senior Management Hourly $313.50 $627.00 $815.50 009 Confidential Hourly $313.50 $627.00 $815.50 010 Local 39 Hourly $313.50 $627.00 $815.50 012 Professional Hourly $313.50 $627.00 $815.50
Plus administrative fees and Contingency Reserve Fund assessments; and Resolution No.
65-15 is hereby rescinded and attached as Exhibit “A”, and be it further resolved;
(b) Dublin San Ramon Services District has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set forth above; and
be it further resolved;
H:\Board\2015\09-01-15\9L 2016 Medical Rates - EE\Reso_2016 Medical Rates ActiveEE.docx2 Res. No. ______
(c) That the participation of the employees and annuitants of Dublin San Ramon
Services District shall be subject to determination of its status as an “agency or
instrumentality of the state or political subdivision of a State” that is eligible to
participate in a governmental plan within the meaning of Section 414(d) of the Internal
Revenue Code, upon publication of final Regulations pursuant to such Section. If it is
determined that Dublin San Ramon Services District would not qualify as an agency or
instrumentality of the state or political subdivision of a State under such final
Regulations, CalPERS may be obligated, and reserves the right to terminate the health
coverage of all participants of the employer; and be it further resolved;
(d) That the executive body appoint and direct, and it does hereby appoint and direct,
Nicole Genzale, District Secretary, to file with the Board a verified copy of this
resolution, and to perform on behalf of Dublin San Ramon Services District all functions
required of it under the Act.
ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, counties of Alameda and Contra Costa, at its regular meeting held on the 1st day of September 2015, and passed by the following vote:
AYES:
NOES:
ABSENT:
______Edward R. Duarte, President
ATTEST: ______Nicole Genzale, District Secretary
H:\Board\2015\09-01-15\9L 2016 Medical Rates - EE\Reso_2016 Medical Rates ActiveEE.docx3
Agenda Item 9M
Reference Type of Action Board Meeting of Administrative Services Manager Adopt Revised Resolution to Approve September 1, 2015 Insurance Premium Subject Approve Health Insurance Contribution for Calendar Year 2016 for Board of Directors and Rescind Resolution No. 66-15 Motion Minute Order Resolution Ordinance Informational Other REPORT: Verbal Presentation Staff J. Archer Board Member
Recommendation:
The Administrative Services Manager recommends the Board of Directors approve, by Resolution, a health insurance premium contribution for the period of January 1, 2016 to December 31, 2016 for active Board Members and annuitants and rescind Resolution No. 66-15.
Summary:
In mid-June of 2015, CalPERS notified contracting agencies of medical premium increases effective January 1 of the following calendar year. In the immediately prior agenda item, the Board is scheduled to set the health insurance premium contribution for all employees at the District which contribution amount is governed by the terms of existing labor agreements.
On August 4, 2015, the Board of Directors adopted a resolution approving the 2016 District maximum contribution. However, staff was informed by CalPERS on August 11, 2015 that a new resolution template was required in order to process a change in the employer contribution amounts for the 2016 plan year. Therefore, this action is being re-submitted for Board approval using the new resolution recitals as required by CalPERS, and requesting to rescind the action taken on August 4.
There is no comparable documents (policy or otherwise) that establish the health insurance premium contribution amount for Board Members. Historically, the Board has approved premium contributions for active Board Members similar to those adopted for employees. However, the Board has the discretion to set the contribution at any amount of its choosing. Current (calendar year 2015) monthly premium contributions are: $603, $1,207 and $1,569 for each of the three coverage categories below, respectively.
Health insurance premium contributions for calendar year 2016 should be established for the following coverage categories as required by CalPERS: • Employee Only • Employee + One • Employee + Family “Employee” is a term specified in the California Government Code; for the purposes of this action it operatively means “Board Member”.
It should be noted that per California Government Code 22892 of the Public Employees’ Medical and Hospital Care Act (PEMHCA), whatever premium contribution amount is set for active Board Members will be the amount for retired Board Members. The District has six retired Board Members. Four of those have elected some level of coverage through the District. One retired Board Member chose to participate in the retiree medical vesting program; the premium contributions for participants in the retiree medical vesting program are separately set by the State of California and are not the subject of this action.
No action maintains the current health care premium contributions, as noted above, in place.
Committee Review Legal Review Staff Review
COMMITTEE DATE RECOMMENDATION ORIGINATOR DEPARTMENT REVIEWED BY ------Yes C. Hoffmann Admin Services M. Gallardo
ATTACHMENTS None Resolution Minute Order Task Order Staff Report Ordinance Cost Funding Source Attachments to S&R TBD A. 1. B. 2. 3. H:\Board\2015\09-01-15\9M 2016 Medical Rates - BOD\S&R 2016 Medical Rates BOD.docx RESOLUTION NO. ______
RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT FOR BOARD OF DIRECTORS AND RESCINDING RESOLUTION NO. 66-15
WHEREAS, the Dublin San Ramon Services District is a contracting agency under
Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital
Care Act (the “Act”); and
WHEREAS, Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by resolution; and
WHEREAS, Government Code Section 22892(b) provides that the employer contribution
shall be an equal amount for both employees and annuitants, but may not be less than the amount
prescribed by Section 22892(b) of the Act; and
WHEREAS, the Board of Directors’ monthly health benefit contribution amounts are set
annually by resolution; and
WHEREAS, the Board adopted Resolution No. 66-15 on August 4, 2015 to fix the amount of the employer contribution to become effective on January 1, 2016; and
WHEREAS, the California Public Employees Retirement System (“CalPERS”) now requires a new approved template resolution to be approved by the Board of Directors.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF DUBLIN
SAN RAMON SERVICES DISTRICT, a public agency located in the counties of Alameda and Contra
Costa, California that:
(a) The employer contribution for each employee or annuitant shall be the amount necessary
to pay the full cost of his/her enrollment, including the enrollment of family members, in a Res. No. ______
health benefits plan or plans, effective January 1, 2016, up to a maximum of:
Medical Group Monthly Employer Contribution Single Two-Party Family 700 Board of Directors (NPERS)
Plus administrative fees and Contingency Reserve Fund assessments; and Resolution
No. 66-15 is hereby rescinded and attached as Exhibit “A”, and be it further resolved;
(b) Dublin San Ramon Services District has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set forth above; and
be it further resolved;
(c) That the participation of the employees and annuitants of Dublin San Ramon Services
District shall be subject to determination of its status as an “agency or instrumentality
of the state or political subdivision of a State” that is eligible to participate in a
governmental plan within the meaning of Section 414(d) of the Internal Revenue
Code, upon publication of final Regulations pursuant to such Section. If it is
determined that Dublin San Ramon Services District would not qualify as an agency
or instrumentality of the state or political subdivision of a State under such final
Regulations, CalPERS may be obligated, and reserves the right to terminate the health
coverage of all participants of the employer; and be it further resolved;
(d) That the executive body appoint and direct, and it does hereby appoint and direct,
Nicole Genzale, District Secretary, to file with the Board a verified copy of this
resolution, and to perform on behalf of Dublin San Ramon Services District all
functions required of it under the Act.
ADOPTED by the Board of Directors of Dublin San Ramon Services District, a public agency in the State of California, counties of Alameda and Contra Costa, at its regular meeting held on the 1st
H:\Board\2015\09-01-15\9M 2016 Medical Rates - BOD\Reso_2016 Medical Rates BOD.docx 2 Res. No. ______day of September 2015, and passed by the following vote:
AYES:
NOES:
ABSENT:
______
Edward R. Duarte, President
ATTEST: ______Nicole Genzale, District Secretary
H:\Board\2015\09-01-15\9M 2016 Medical Rates - BOD\Reso_2016 Medical Rates BOD.docx 3