HomeMy WebLinkAboutUkiah Unified School District (UUSD) 2015-12-10COLAtQb - 1-1 19 M
AGREEMENT FOR THE DELIVERY AND USE OF RECYCLED WATER
This Agreement is made and entered in Ukiah, California, on December 10, 2015, between
the City of Ukiah, a general law municipal corporation ("City") and Ukiah Unified School District
"User").
RECITALS:
A. City owns and operates the wastewater treatment plant, which is within the
jurisdiction of the RWQCB. City collects and treats wastewater generated within the areas
served by the City's WWTP. Under its current Waste Discharge Order the City discharges
treated wastewater to percolation ponds at the WWTP and tertiary treated wastewater to the
Russian River. The City seeks to reduce or eliminate such discharges by, among other
measures, recycling treated wastewater ("Recycled Water") for irrigation purposes.
B. User owns approximatelyg? acres of Irrigated Land in Mendocino County,
California, more particularly described in Exhibit "A" attached hereto and incorporated herein
by reference, which land has been improved with vineyard plantings or other crop or
landscaping which is allowed by Applicable Law to be irrigated using Recycled Water (the
"Property").
C. City intends to apply for a Notice of Intent to recycle water from its Wastewater
Treatment Plant pursuant to the General Waste Discharge Requirements for Recycled Water
Use adopted by the State Water Resources Control Board in Order WQ 2014-0090-DWQ, on
June 3, 2014. The Order is available for review at the following website:
hftp://www.waterboards. a9 Dov/board decisions/adorned orders/water quality/2014/wga2014 0
090 dwit revised p f
D. User desires to accept delivery of Recycled Water from City to be used and
applied only in such ways as are specifically permitted pursuant to the Order, this Agreement
and Applicable Law.
E. City agrees to delivery to User, and User agrees to accept from City, Recycled
Water on the terms and conditions hereinafter set forth.
DEFINITIONS:
The following terms shall have the meanings described below:
Agreement means this Agreement for the Delivery and Use of Recycled Water.
Applicable Law means the Order, conditions adopted by the RWQCB on the use of
Recycled Water, and applicable state or federal statutes or regulations governing the use of
Recycled Water.
Availability Date means the date when the City is authorized by Applicable Law,
including, but not limited to the requirements of the California Environmental Quality Act
("CEQA") and capable of furnishing Recycled Water pursuant to this Agreement.
Regional Board or RWOCB means the California Regional Water Quality Control Board,
North Coast Region.
City means City of Ukiah, a municipal corporation established pursuant to the laws of the State
of California.
Delivery Period or Irrigation Season generally means April 1 thru October 31 of each year.
Delivery Period may be adjusted in dry years.
Delivery Quantity means those amounts so specified in the Agreement in Section 3.
En ineer means the City of Ukiah's City Engineer.
AF means one acre foot (one AF = 325,851 gallons)
Meter Station means control valve and metering station located on User's property, and shall
constitute the point of delivery. Meter Station(s) are depicted in Exhibit "B."
Irrigated Land or Land means property designated by User to be irrigated with Recycled Water in
accordance with these Specifications and the Agreement.
Order means the General Waste Discharge Requirements for Recycled Water Use, Order WQ
20140090-DWQ- Corrected adopted by the State Water Resources Control Board on June 3,
2014, and any amendments or successor thereto..
Property means the parcels described in Exhibit A.
Recycled Water means water which, as a result of treatment of wastewater influent to Ukiah's
wastewater treatment facility in accordance with the Discharge and Use Order, is suitable for the
direct beneficial uses allowable for Disinfected Tertiary Treated Wastewater as defined by Title
22, Division 4 of the California Code of Regulations, Section 60301.
User's Recycled Water System means the facilities and infrastructure installed by User to
facilitate the delivery of Recycled Water from City to User.
User means the person or persons using Recycled Water provided by the City pursuant to the
Agreement.
Waste Water Treatment Plant (or "WWTP") means the City's wastewater treatment plant located
at 300 Plant Road, Ukiah, CA.
AGREEMENT:
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A. This Agreement shall become effective on the date first above written and
shall remain in effect for a minimum of ten (10) years from the Availability Date. The term of
the agreement shall extend on the same terms and conditions for an additional tern of ten (10)
years, unless either party gives notice to the other party not less than sixty (60) days prior to the
expiration of the initial tern that it does not agree to extend the tern of the agreement. During
the initial and extended term, the agreement is subject to earlier tennination pursuant to Section
13, below.
B. The Parties understand and agree that, during the term of this Agreement,
the City and Regional Board will be developing a long-term agreement or other instrument to
enable User to apply Recycled Water to the Property. User understands and acknowledges that,
even though the City and the Regional Board will snake good -faith efforts to agree upon and
enter into such a long-term agreement, nothing in this Agreement or any other document should
be understood or construed as a guarantee or warranty that User will be able to apply Recycled
Water to the Property.
2. Cost. For the initial ten (10) year term of this Agreement, there shall be no charge
for Recycled Water delivered to User as measured at Meter Station. However, the City reserves
the right to impose in the future a reasonable charge for Recycled Water based on the quantity
used as measured by the Meter Station. The City shall not impose such charge on less than six
month's advance written notice to the User. Any fixed or variable charge shall be imposed equally
and proportionally on all users.
3. Quality of Recycled Water
A. The quality of the Recycled Water delivered pursuant to this Agreement
shall substantially comply with the quality criteria established by the Order, although the
Recycled Water's quality may vary within those criteria. City shall test the Recycled Water as
required in the Order to ensure that it substantially complies with the quality criteria set forth in
the Order. The results of this testing program shall be made available to User for its review upon
request at any time during City's normal business hours. The results of said tests shall be
maintained at City's WWTP and maybe reviewed or a copy obtained by User by telephoning
City. An annual report of the test values shall be sent by mail to User in accordance with the
reporting requirements established in the Order.
4. Delivery_ Quantities
A. As described in Section 4 below, on and after the Availability Date, the City
shall deliver up td60 AF during each consecutive twelve (12) month period thereafter. User
agrees that User will use its best efforts to accept and put such water to reasonable and beneficial
use in irrigating the Property. User shall not be considered to have violated this subparagraph A, if it
is unable to put its full annual allotment of Recycled Water to beneficial use due to circumstances
beyond its reasonable control, including weather conditions or a requirement to use water for which
it has an appropriative or contractual right. The City agrees to use its best efforts to deliver the
quantity of water allocated to User under this Subsection A, but shall have no liability to User, if it is
required to reduce the amount of water to User due to conditions beyond its reasonable control or as
a result of operational conditions at the wastewater treatment plant or regulatory requirements. City
will give not less than 10 days' notice prior to any curtailment. Any reduction in User's annual
allocation under this Subsection A shall be in proportion to the User's allocated share of the total
Recycled Water available to all users during that twelve month period. If desired by User, the City
will in good faith attempt to provide User with quantities of Recycled Water in excess of the
quantity identified above, but the City makes no representation that such water will be available.
B. User represents and warrants that User will carefully monitor the
application of Recycled Water on the Property.
5. Delivery of Recycled Water
A. City will deliver the Recycled Water to User through a pipeline extension
from City's WWTP, to the Meter Station(s) on User's Property shown on Exhibit "B." City
shall be responsible for the installation, operation, maintenance and repair of the pipeline
transporting Recycled Water to the Meter Station(s), and for installation of the Meter Station(s)
and backflow protection devices. City shall be responsible for cost to install and maintain Meter
Station and backflow prevent devices. User shall be responsible for annual maintenance of
backflow prevention devices. User may, by means of tanker trucks or other method reasonably
acceptable to the City, haul Recycled Water from the City's distribution points to the Property.
Filling of tanker trucks or other conveyance at the City's distribution points shall occur during
normal business hours, or from the Recycled Water Filling Station located off of the WWTP
property.
B. User shall be responsible for the modification of existing piping on User's
Property and the installation of new piping on User's Property to the extent that is necessary to
connect the User's irrigation system to the Meter Station(s). User shall be responsible for the
operation, maintenance or repair of said piping and appurtenances. User shall, in the alternative,
be responsible for the construction and operation of any facilities located on the Property that are
needed to receive tanker truck or other deliveries of Recycled Water.
C. User shall be responsible for the installation, operation, maintenance and
repair of any piping, pumping facilities and cross -connection devices for the use of raw or
potable water on User's Property. All such facilities are subject to inspection by both the City
and the Regional Board to ensure the protection of the public. In the event that either the City or
the Regional Board determines that such facilities are not operating in a manner that fully
protects the public and the groundwater, either or both the City and the Regional Board may
order User to make any necessary improvements/repairs to such facilities, at User's sole cost. If
applicable, each site that has a potable water supply and uses recycled water is subject to routine
cross -connection inspections and tests as required by the order. All inspections will be made by
City personnel.
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b. Designation of Site Supervisor
A. User shall designate an individual as User's Site Supervisor who shall be
User's coordinator and direct contact person between City and User. User agrees that the Site
Supervisor shall be responsible for the proper operation of User's Recycled Water System,
implementing the requirements of the Order and this Agreement relative to the onsite use of
Recycled Water, monitoring of User's Recycled Water System for prevention of potential
hazards, and coordination with City and the regulatory agencies, when necessary. City shall assist
in the training of User's Site Supervisor. User shall notify City of the name, position and phone
number of User's Site Supervisor at least 30 days prior to startup of User's Recycled Water
System and shall promptly inform City of any change of designated Site Supervisor and/or
contact information during the term of this Agreement.
B. The Site Supervisor shall be responsible for the avoidance of cross -
connections during the installation, operation and maintenance of the User's pipelines and
equipment. The Site Supervisor shall attend a training course, conducted by the City, specific to
Recycled Water use, the Order, and prevention of cross -connections. The Site Supervisor shall
communicate no less frequently than quarterly to inform the City of any system modifications,
system irregularities, and to verify employee training. Unusual occurrences which cause or
threaten to cause any violation of this Agreement shall be promptly communicated to the City.
7. Compliance With Water Quality_ Control Board Order WO 2014-0090-DWO,
A. City and User shall comply with all provisions and requirements of the
Order, as it may subsequently be amended. User acknowledges to City that User is aware that
the water delivered pursuant to this Agreement is Recycled Water to be used for only specified
and limited uses, as further described in Section 11, below. User has received a copy of the
Order. User is familiar with and understands all of the provisions and requirements contained in
the Order, and hereby agrees that those provisions and requirements are reasonable. Upon
receipt of notice of changes to the Order User shall be obligated to comply with the changes.
User covenants and warrants that it shall comply with all the provisions and requirements of the
Order and this Agreement in the purchase and use of Recycled Water.
B. User shall use the Recycled Water delivered hereunder only for those uses
authorized in the Recycled Water User permit and consistent with the Order and this Agreement,
including the requirements of City set forth in the Recycled Water Handling and Use
Requirements, Prohibitions and Best Management Practices, attached hereto as Exhibit "C."
C. The City shall have responsibility under the Agreement to
Prepare Programmatic, Site -Specific and other Technical Reports; and Training Programs as
required by the Order or other applicable statute or regulation. The City shall also have the
responsibility to conduct all training required by such requirements. User agrees to provide all
relevant information necessary for the preparation of such reports in a timely manner, and to
participate in Training Programs.
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8. Availability of Recycled Water; Interruption of Service.
A. Irrigation equipment downstream of Meter Station(s) on the Property shall
be provided, replaced and repaired as necessary by User, at User's discretion, provided that all
such irrigation equipment shall be subject to inspection and repairs as provided in Section 4C
above. User shall complete all work and shall be responsible for all costs of construction,
operation and maintenance of all other modifications and improvements on User's property,
which are not the responsibility of the City. Such other modifications include marking and
signing required by the Order, e.g.:
Placing of appropriate signs, to be provided by the City, on the site perimeter
and at storage reservoirs that notify User employees and the public of the use
of Recycled Water on the site. All use areas where recycled water is used that
are accessible to the public shall be posted with signs that are visible to the
public, in a size no less than 4 inches high by 8 inches wide, that include the
following wording: "RECYCLED WATER - DO NOT DRINK". The
Department may accept alternative signage and wording, or an educational
program, provided the applicant demonstrates to the Department that the
alternative approach will assure an equivalent degree of public notification.
Marking all solenoid valves and valve boxes on the User's Recycled Water
System by placing an appropriate purple tag on the existing valve box lid, or
by replacing lid with a new purple lid.
B. User agrees to cooperate with City, at City's request, in the establishment
of reasonable and mutually agreeable delivery schedules for the Recycled Water. User
recognizes that the requests of various users may overload the capacity of City's WWTP and
delivery system and that City therefore may need to reduce the rates at which Recycled Water is
delivered to the various users from time to time. In the event that the City reduces User's
requested rate of delivery, City shall use reasonable efforts to restore the requested rate of
delivery as soon as feasible and provide User with that amount of water it would have received
had its rate of delivery not been reduced.
C. City shall use reasonable efforts to provide Recycled Water to User in
accordance this Agreement, and User shall use its best efforts to accept Recycled Water as
provided herein. However, both parties acknowledge that City's supply and delivery of
Recycled Water and User's ability to take delivery of said water may occasionally be interrupted
or curtailed due to causes outside of their control, including, but not limited to:
• acts of God
• power failures
• accident
• fire
• strikes, riots, war
• vandalism
• facility failure, facility repairs/improvements
• actions or decisions by a governmental agency
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• any condition outside of a party's control.
Neither party shall be liable to the other for damages arising out of interruption or
curtailment of service for these reasons. Insofar as feasible, the party whose performance
hereunder is affected by such condition shall give the other party at least 72 hours advance notice
of a temporary discontinuance or reduction in its delivery (in the case of City) or in its acceptance
(in the case of User) of Recycled Water, except in the case of emergency, in which case notice
need not be given. In the event of such discontinuance or reduction, the parties shall deliver or
accept, as appropriate, upon resumption of service and as nearly as may be feasible, the quantity
of Recycled Water that would have been delivered or accepted in the absence of such
discontinuance or reduction.
D. City may suspend delivery of Recycled Water to User, if City determines
that User is misapplying Recycled Water in violation of this Agreement and there exists an
imminent risk of harm to water quality or adjacent property, if service is not immediately
suspended.
9. Measurement of Delivered Recycled Water. All Recycled Water delivered
pursuant to this Agreement shall be measured by the City at the Meter Station(s) or other
appropriate facilities. City shall own, inspect, operate, maintain, repair and replace the
measuring equipment. All determinations relative to the measuring of Recycled Water shall be
made by the City. Upon request by User, the accuracy of a measurement shall be investigated by
the City and any error appearing therein shall be adjusted. User may inspect such measuring
equipment for the purpose of determining the accuracy thereof.
10. Monitoring Reports. User shall provide monitoring reports on the form
prescribed by the City on a quarterly basis or as otherwise required by the City. Movement of
Recycled Water off-site by spray or runoff shall be fully reported by User in such reports, which
shall also state what corrective action(s) were taken to prevent such movement from recurring.
11. Drawings. Not less than 30 days prior to the Availability Date, User shall
provide City with drawings showing the complete User's Recycled Water System. Following any
onsite modifications and changes to User's Recycled Water System and/or User's potable water
systems, User shall provide City with drawings showing the complete Recycled Water irrigation
system and modifications and changes made by User on Irrigated Land. User shall provide City
with drawings each time User modifies or changes User's Recycled Water System on the site
during the term of this Agreement. The drawings shall clearly show the locations of all pipelines,
controllers, valves, fountains, buildings, structures, property boundaries, agriculture wells,
domestic (drinking) wells, and any other features known or considered to be pertinent to or
affected by the onsite use of Recycled Water.
12. Use of Recycled Water. The User shall comply with any conditions imposed
on the use of City Recycled Water by the RWQCB and any other requirements of Applicable
Law.
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13. Permission to Enter. User hereby grants City, upon 24 hours notice, acting
through its duly authorized employees, agents, or representatives, reasonable access to User's
property for any necessary work associated with this Agreement, including, but not limited to,
meter reading, monitoring of Recycled Water use by User, and/or repair of City -owned Meter
Station equipment.
14. Termination.
(A) Notice: Should one party breach any of the terns and conditions in this
Agreement, written notice of such breach shall be given to the breaching party by the other party.
If reasonable steps toward correcting the breaching conditions are not taken within 5 days from
such notice, the other party may, in addition to any remedies provided in this Agreement and/or
by law, terminate this Agreement on 30 days' written notice to the breaching party.
(B) Termination: Notwithstanding subsections (A) above, City may tenninate
this Agreement immediately if:
(1) City, at its sole determination, is or will be unable to deliver properly and
adequately treated Recycled Water to User for any reason whatsoever for a period
greater than 30 days.
(2) The RWQCB changes City's discharge requirements for irrigation and
City determines that it cannot reasonably meet any of the new RWQCB
requirements.
(3) City is ordered to cease delivery of Recycled Water to User by a
governmental authority of competent jurisdiction.
15. Hold Harmless and Indemnification. Each partyhereto agrees to protect,
indemnify, defend and hold harmless the other party and its directors, officers, employees,
agents, successors and assigns from and against any and all actual or potential claims, liabilities,
damages, losses, fines, penalties, judgments, awards, costs and expenses (including without
limitation reasonable attorneys' fees and costs and all foreseeable, unforeseeable and
consequential damages) asserted against, resulting to, imposed upon or incurred by said other
party by reason of the first party's breach of any provisions of this Agreement or the Order,
including the provisions establishing the standards for Recycled Water. This indemnification
shall survive the termination of this Agreement. To implement this provision, User agrees to
obtain and continue in force at all times during the life of this Agreement a comprehensive
general liability insurance policy covering liability from the use of Recycled Water, or such other
insurance policy reasonably acceptable to the City, that names the City, its elected officials,
officers, employees, contractors, sub -contractors and agents as additional insureds by
endorsement and that has a policy limit of at least One Million Dollars ($1,000,000) per
occurrence, and Two Million Dollars ($2,000,000) aggregate.
16. Notices. All notices or demands shall be in writing and shall be deemed duly
served or given only if delivered by prepaid (i) U.S. Mail, certified or registered, return receipt
requested, or (ii) reputable, overnight courier service (such as UPS or FedEx) to the addresses of
the respective parties as specified below. City and User may change their respective addresses
for notices by giving notice of such new address in accordance with the provisions of this
paragraph:
City: City of Ukiah User: Ukiah Unified School District
Attn: City Engineer 511 S. Orchard Ave.
300 Seminary Ave Ukiah, CA 95482
Ukiah, CA 95482
17. Entire Agreement. This Agreement shall constitute the entire agreement between
the parties relating to the rights granted and obligations assumed in this Agreement. Any oral
representations or modifications concerning this Agreement shall be of no force and effect unless
contained in a subsequent written modification signed by both parties.
18. Amendments. This Agreement may not be amended except by a written
instrument that is signed by both parties.
19. Interpretation. This Agreement shall be construed, interpreted, and applied
according to the laws of the State of California.
20. Successors. This Agreement shall be binding upon and inure to the benefit of the
respective successors and assigns of the parties; provided that User has complied with paragraph
9 hereof.
21. Attorneys'_ Fees. If either party commences an action at law or in equity,
arbitration or other proceeding against the other party to enforce or interpret this Agreement, the
prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees and
costs of such proceeding, in addition to any other amounts which may be awarded.
22. Severability. if any clause or provision of the Agreement is or becomes illegal,
invalid, or unenforceable because of present or future laws, or any rules or regulations of any
governmental body or entity, effective during its term, the intention of the parties is that the
remaining parts of this Agreement shall remain in full force and effect if the fundamental purpose
of the Agreement is not destroyed.
23. Covenants Running with the Land. User declares that its covenants and
obligations specified in this Agreement constitute covenants running with the land within the
meaning of California Civil Code Section 1468, shall benefit the City's WWTP, and shall
burden the real property described in Exhibit "A" attached.
24. Exhibits to this Agreement. Exhibits A, B, and C are incorporated into this
Agreement by this reference in their entirety.
25. Third -Party Beneficiaries. This Agreement shall not create any right or interest in
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Lily non-party or in any member of the public as a third party beneficiary.
In Witness Thereof, this Agreement is entered into as of the date first above written.
CITY OF UK(AH USER
ag an onra ity Manager Penny Lauseng, Chie Business Official
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EXHIBITS TO AGREEMENT FOR
THE DELIVERY AND USE OF RECYCLED WATER
Exhibit A - User Property Description- To be added and initialed by parties prior to Availability
Date
Exhibit B - Map Showing Location of Meter Station on User's Property- To be added and
initialed by parties prior to Availability Date
Exhibit C- Best Management Practices
Exhibit A
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EXHIBIT C
Recycled Water Handling and Use Requirements, Prohibitions and Best Management
Practices
1. Recycled Water users should apply hand sanitizer or wash their hands with soap and
potable water after working with Recycled Water.
2. Recycled Water shall not be applied in areas where the public would be inadvertently exposed
to Recycled Water.
3. Do not drink Recycled Water or use it for food preparation. Additionally, the USER must
notify workers and/or the public when Recycled Water is used at a site and tell them that
they are not to drink Recycled Water or use it for food preparation.
4. Precautions should be taken to avoid food coming into contact with Recycled
Water while the use site is still wet, not including irrigated crops
5. An adequate first aid kit shall be made available at all times. Cuts or abrasions should be
promptly washed, disinfected, and bandaged.
6. Recycled Water shall not be allowed to spray onto external drinking water fountains
or faucets used for potable water.
7. Recycled Water shall not be applied where it could contact or enter passing
vehicles, buildings, areas where food is handled or eaten, or storm drains.
8. Recycled Water users shall take adequate measures to prevent overspray, ponding, or run
off of Recycled Water from the authorized Recycled Water use area.
9. There shall be no irrigation or impoundment of Recycled Water within a minimum of 50
feet of any domestic (drinking water) well.
10. Recycled Water shall not be applied into State waters, within 25 feet of State waters
containing standing or flowing water, nor in a manner that could result in uncontrolled runoff
into State water.
11. Recycled Water must not be introduced into any permanent piping system and no
connection shall be made between the tank truck and any part of a potable water system.
12. User must comply with all applicable requirements and restrictions specified by the
Regional Water Quality Control Board and the California Department of Public Health.
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