AMENDMENT NO. 5 TO
JOINT EXERCISE OF POWERS AGREEMENT
OF THE WEST COUNTY AGENCY
BY AND AMONG THE WEST COUNTY WASTEWATER DISTRICT
AND THE CITY OF RICHMOND AND
RICHMOND MUNICIPAL SEWER DISTRICT
The parties to this Amendment No. 5 to the Joint Exercise of Powers Agreement do mutually agree and promise as follows:
1. Parties. The parties to this Amendment No. 5 to the Joint Exercise of Powers Agreement of the West County Agency, Contra Costa County, California, a joint exercise of powers agency (Agency) are City of Richmond, Richmond Municipal Sewer District and West County Wastewater District.
2. Purpose. This Amendment No. 5 is being entered into to amend the amended and restated Joint Exercise of Powers Agreement which was entered into by and among the West County Wastewater District, formerly known as the West Contra Costa Sanitary District, and the City of Richmond and the Richmond Municipal Sewer District, on June 15, 1984 (the "Original Agreement") and subsequently amended by Amendment No. 1 on April 2, 1990, Amendment No. 2 on November 23, 1992, Amendment No. 3 on December 21, 1993 and Amendment No. 4 on July 2, 1996. The Original Agreement and all amendments thereto will be collectively referred to as the "JPA". The specific purpose of this Amendment No. 5 is to provide for the design, funding, construction, operation and maintenance of new shared Joint Facilities for dechlorination of effluent prior to its discharge through the joint outfall pipeline.
3. Original Agreement Provisions. The parties hereto agree to continue to abide by those terms and conditions of the JPA which are unaffected by this Amendment No. 5.
4. Amendment Provisions. This Amendment No. 5 is subject to the Amendment Provisions attached hereto as Exhibit A and incorporated herein by this reference. Said Amendment Provisions supersede any conflicting provisions of the JPA.
5. Signatures. These signatures attest the parties' agreement to the provisions of this Amendment No 5 to the Joint Exercise of Powers Agreement.
Executed on July 21, 2020, at Richmond, California.
City of Richmond Richmond Municipal Sewer District
A municipal Corporation
Thut By:
By:
Its: Its:
Attest: Approved as to Form:
Panels Christ
City Clerk
Executed on July 21, 2020, at Richmond, Calionia.
West County Wastewater District
lisa malete zader
By:
Its:
Attest: Approved as to Form:
prene Chine CAlis
Brenda Martinez Dec 4, 2020 17:02 PST
District Clerk General Counsel
EXHIBIT A
OF AMENDMENT NO 5 TO THE
JOINT EXERCISE OF POWERS AGREEMENT
OF THE WEST COUNTY AGENCY
RECITALS
This Amendment No. 5 is made with regard to the following facts and circumstances.
A. Richmond owns and operates a wastewater treatment plant ("Richmond WWTP") and WCWD owns and operates a separate water quality and resource recovery plant ("WCWD WQRRP"). The Richmond WWTP and WCWD WQRRP generate chlorinated secondary effluent that must be dechlorinated before it is discharged to San Francisco Bay pursuant to California Regional Water Quality Board ("RWQCB") Order No. R2-2019-003, and National Pollutant Discharge Elimination System (NDES) Permit No. CA003539 effective April 1, 2019.
B. The Richmond WWTP and WCWD WQRRP effluent dechlorination facilities and equipment were constructed in the 1980's. The majority of the existing effluent dechlorination facilities are situated on the Richmond WWTP. Declorination of effluent from the Richmond WWTP and WCWD WQRRP is accomplished by injecting an adequate quantity of sodium bisulfate into chlorinated effluent prior to discharge. For convenience of reference, the existing dechlorination facilities will be referred to as the "SBS Facilities".
C. Richmond and Richmond Municipal Sewer District (collectively "Richmond") and West County Wastewater District ("District") separately engaged Carollo Engineers (Carollo") to assess the condition of the SBS Facilities. The Carollo condition assessments concluded that the SBS Facilities have reached the end of their useful life and need to be replaced or rehabilitated.
D. The Carollo condition assessments offered alternative projects including rehabilitating the SBS Facilities, replacing the SBS Facilities as Joint Facilities and replacing the SBS Facilities as Sole Use Facilities. After considering all feasible alternatives, the Agency Board of Directors decided to proceed with design and construction of a project that will demolish and replace the SBS Facilities as Joint Facilities.
E. On May 15, 2020, the Agency Board of Directors adopted its Resolution authorizing the Agency Manager to execute a contract with Carollo for design of the project for demolition and replacement of the SBS Facilities (the "SBS Project").
F. Bids for SBS Project construction will be solicited once Carollo completes and the Agency approves design of the SBS Project. Richmond requested, and WCWD agreed, that Richmond will undertake procurement of SBS Project construction bids using Richmond's usual procurement process.
G. The Richmond WWTP is operated and maintained pursuant to a contract between Richmond and Veolia Water West Operating Services ("Veolia"). Richmond and WCWD have determined that it is in their mutual best interests to engage Veolia to manage construction of the SBS Project at the Richmond WWIP.
AGREEMENT
NOW, THEREFORE, THE RICHMOND AND WCWD HEREBY AGREE AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are true and correct statements of fact and the circumstances underlying this Amendment No. 5 and are incorporated herein by this reference. Capitalized terms throughout this Amendment No. 5 not otherwise defined herein shall have the same meaning as defined in the JPA.
2. Procurement of Construction Bids. Upon completion and approval of SBS Project design, Richmond will undertake on behalf of the Agency procurement of bids for construction of the SBS Project. The bids so obtained will be presented to the Agency Board of Directors for approval. Any contract for construction of the SBS Project will be entered between the Agency and the successful bidder.
3. SBS Project Management. Veolia shall be engaged to manage all aspects of the SBS Project at the Richmond WWTP pursuant to Veolia's existing contract with Richmond.
Richmond and WCWD will share the cost of SBS Project construction management in the same percentage as the allocation of Capital Costs below.
4. Cost Allocation and Payment of Expenses. Richmond and WCWD are obligated to share Capital Costs and Operating Costs in accordance with percentages allocated in the JPA, and most recently in JPA Amendment No. 3. WCWD and Richmond have determined and hereby agree that a different cost allocation of Capital Costs and Operating Costs is appropriate for the SBS Project.
a. Allocation of Capital Costs. Capital Costs for the SBS Project shall be allocated and paid as follows: Richmond - 65%; WCWD - 35%. b. Allocation of Operating Costs. Operating Costs for the SBS Project shall be allocated and paid as follows: Richmond - 65%; WCWD - 35%. This allocation of Operating Costs is based upon the estimated use of the completed SBS Project by Richmond and WCWD. Upon request by Richmond or WCWD, this allocation of Operating Costs can be revised to reflect actual use of the completed SBS Project.
C. Payment of Capital Costs. Upon approval of a contract for construction of the SBS Project, the Agency Manager shall bill each Member for its share of the Capital Costs for the SBS Project. Each Member shall, within 30 days of billing, deposit its proportionate share of SBS Project Capital Costs into the Joint Operating Fund or such other fund as may be established for the SBS Project. All Capital Costs for the SBS Project shall be paid from the fund into which the deposits are made.
5. Joint Facilities. The completed SBS Project will constitute Joint Facilities under the JPA.
6. Mutual Cooperation. Successful design and implementation of the SBS Project will require the cooperation and involvement of Richmond and WCWD. To that end, Richmond and WCWD will develop a process whereby both agencies will be kept fully informed and allowed to review, comment on and be involved with all aspects of SBS Project design, Capital Costs, construction, construction management, construction changes and all other facets of the SBS Project sufficiently in advance to meaningfully participate.
WCA JPA Amendment #5 - Tentative
Agreement 10_ _8_ _2020 (002)
Final Audit Report 2020-12-05
Created: 2020-11-21
By: Brenda Martinez ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAhSIbCDShk9i3SrQeUrK1n3l2VRy17Bsi "WCA JPA Amendment #5 - Tentative Agreement 10_8_2020 (0 02)" History
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