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Home My WebLink AboutC-3195 - Operation Agreement of Green Acres Project Intertie and Outfall ConnectionD * c- �/ AGREEMENT FOR OPERATION OF GREEN ACRES PROJECT INTERTIE AND OUTFALL CONNECTION THIS AGREEMENT is made and entered into to be effective this V�?�day of I' 1998, by and between: COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, acting for itself and on behalf of COUNTY SANITATION DISTRICT NOS. 2, 3, 5, 6, 7, 11, 13 and 14 OF ORANGE COUNTY, CALIFORNIA, hereinafter referred to as "CSDOC;" IRVINE RANCH WATER DISTRICT, hereinafter referred to as "IRWD;" CITY OF NEWPORT BEACH, hereinafter referred to as "CITY;" ORANGE COUNTY WATER DISTRICT, hereinafter referred to as "OCWD." WHEREAS, County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County are duly organized County Sanitation Districts of Orange County, existing pursuant to the County Sanitation District Act, California Health and Safety Code Sections 4700 et sea., and operating individually and collectively pursuant to a Joint Ownership, Operation and Construction Agreement, effective July 1, 1985, providing for the ownership, operation and maintenance of wastewater collection, treatment and disposal facilities; and WHEREAS, IRWD, CITY and OCWD have entered into an agreement dated July 17, 1996, as amended by Revised Amendment to Agreement dated September 18, 1996, and Amendment No. 2 to Agreement dated December 18, 1996 ( "WWSP Agreement"), regarding implementation of IR WD's Wetlands Water Supply Project. The W WSP Agreement provides in part for the design, construction and financing of the Green Acres Phase II pipeline ( "GAP IP) OCWDDOC. �� STAR NO. i and an intertie between IRWD's Michelson Water Reclamation Plant ("MWRP'� and GAP II ( "Intertie "), the execution of a written agreement between CSDOC and OCWD pursuant to which CSDOC commits to accept from OCWD at least 4.2 million gallons per day ( "mgd ") of reclaimed water during the period from October 1 through March 31 for a period of fifteen (15) years and commitments by IRWD to transmit such reclaimed water, all subject to specified conditions; and WHEREAS, such written agreement, pursuant to which CSDOC commits to accept from OCWD at least 4.2 mgd of reclaimed water on an annual average basis during the periods described in the preceding recitals, has been entered into by CSDOC and OCWD, on January 15, 1997 ( "CSDOC GAP II Agreement"), and OCWD warrants that the average annual demand for reclaimed water at CSDOC will be approximately 4.5 mgd; and WHEREAS, the W WSP Agreement further provides for the development of a long -term "no discharge" scenario, including, if determined to be feasible by the parties thereto, construction of a connection between GAP II and CSDOC's ocean outfall ( "Outfall Connection'; and WHEREAS, CSDOC approved the construction of the Outfall Connection, subject to the development of an operating agreement; and WHEREAS, construction of GAP II, the Intertie and the Outfall Connection are underway or complete, and the parties desire at this time to establish operating agreements and conditions for such facilities; NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows: Ll i Section Own= ' Omm=hW of Facilities. IRWD shall own the Cla Valve at the Outfall Connection and all telemetry equipment for the Outfall Connection, including such equipment as may be located on CSDOC's property. All piping, valves, meters and other equipment comprising the Outfall Connection shall be owned by CSDOC. OCWD shall own GAP II and associated telemetry equipment from the downstream side of the meter vault on University Drive to OCWD's existing Green Acres Project. IRWD shall own the Intertie and associated telemetry equipment, from MWRP to the downstream side of the meter vault on University Drive. Such facilities are schematically depicted on Exhibit "A," which is attached hereto and incorporated herein by this reference. 'Section : Maintenance. The parties agree that each of the facilities and equipment shall be maintained and operated by the party owning it as set forth in Section 1. Section : Access to OutWI Connection Telemetry. To obtain access to CSDOC's property for routine and scheduled maintenance or repairs of the Outfall Connection Cla Valve and telemetry, IRWD shall provide CSDOC with written or electronic notice one (1) week prior to the date of the maintenance. In the event of an emergency, IRWD shall notify CSDOC by telephone prior to access. CSDOC hereby conveys to IRWD a non - exclusive license for such Cla Valve and telemetry equipment and for such access purposes over the portions of CSDOC's property depicted on Exhibit `B," which is attached hereto and incorporated herein by this reference; provided, that CSDOC may modify the license area or designated access route from time to time following written notice to IRWD. Section 4: Shutdown of Outfall Connection. The Outfall Connection is intended to be used for the disposal of any winter period (October 1 through March 31, or modified dates 0 9 determined as provided herein) reclaimed water delivered through GAP II which is in excess of the greater of the 4.6 MGD flow transmission and acceptance commitment or OCWD's Green Acres Project total user demands. It may be necessary for CSDOC to temporarily shut off the Outfall Connection for scheduled or emergency maintenance or repairs or during conditions of high flows through the outfall, such as in storm events. During such shutdowns, IRWD agrees to divert any excess flow of reclaimed water not being used by CSDOC out of the GAP II system to either the CSDOC Main Street Pump Station or, if possible, to IRWD storage facilities. CSDOC shall provide IRWD with written notice one (1) week prior to the date of any scheduled maintenance or repair. In the event of emergency high flow conditions or maintenance requiring a shutdown of the Outfall Connection, CSDOC shall give reasonable notice to IRWD by telephone prior to the shutdown. CSDOC shall use reasonable efforts to schedule maintenance and repairs during the summer period. Nothing in this Agreement shall require IRWD to transmit any excess flows to GAP II or the Main Street Pump Station, and IRWD's agreement to transmit such excess flows shall be subject to the conditions set forth in the WWSP Agreement, including the development of an agreement between IRWD and CITY resolving the operational issues related to the Outfall Connection and a reliable replacement source of water for IRWD's duck ponds and the irrigation of the San Joaquin Marsh. (a) Ping Costs. At the end of each winter period, CSDOC will estimate the cost per gallon of pumping reclaimed water flows from the Outfall Connection into the CSDOC outfall, using actual costs for operation and maintenance of the outfall facilities for the previous 4 • 0 12 months, and will compute the total pumping cost for such winter period using the information generated by OCWD pursuant to Section 7 hereof IRWD and CITY shall share the annual pumping cost equally. (b) CCapM and Onera_ting Costs for Excess Flows. County Sanitation District No. 14 of Orange County ("CSD 14 ") has entered into an agreement with County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11 and 13 of Orange County, for the acquisition by CSD 14 of capacity in the treatment, disposal and sewer facilities of CSDOC, and IRWD has entered into an agreement with CSD 14 to fund, from time to time, as necessary, CSD 14's share of the CSDOC capital expenditures and operation and maintenance costs. The excess reclaimed water flows delivered to the Outfall Connection shall be excluded from the quantity calculations of CSD 14's flows for purposes of determining CSD 14's share of the CSDOC capital expenditures and operation and maintenance costs. Any excess reclaimed water flows diverted to the Main Street Pump Station during shutdown of the Outfall Connection shall be excluded from the quantity calculations of CSD 14's flows for purposes of determining CSD 14's share of the CSDOC capital expenditures. For this purpose, the amount of any excess reclaimed water flows diverted to the Main Street Pump Station shall be computed by determining the flow metered through MPS -3 pump at MWRP during the period of the diversion and subtracting all MWRP side stream flows during such period. Section Duration of 4.6 MGD Flow Commitment to GAP II. The parties agree that the October 1 commencement date and March 31 cessation date set forth in the W WSP Agreement with respect to the 4.6 million gallon per day (MGD) flow to be transmitted by IRWD to GAP II shall be subject to modification for each winter period as follows: 0 0 (a) Commencement. IRWD shall provide OCWD and CSDOC with oral and written notification at least one (1) week prior to the scheduled date of commencing flow to GAP II for the winter period. IRWD may schedule such commencement on any date between October 1 and November 30, at its sole discretion. Commencement of flow prior to October 1 or after November 30 will require OCWD's written approval. (b) Cessation. IRWD shall provide OCWD and CSDOC with oral and written notification at least two (2) weeks prior to the scheduled date of cessation of flow to GAP II for the winter period. IRWD may schedule such cessation on any date between March 31 and April 30, at its sole discretion. Cessation of flow prior to March 31 or after April 30 will require OCWD's written approval. Section 7: Determination of Flow Delivered. OCWD's payment to IRWD for the 4.6 MGD minimum flow of reclaimed water pursuant to the W WSP Agreement shall be based on the quantity determined by aggregating the total amount of reclaimed water delivered by IRWD to GAP II for the winter period (as metered at University Drive) and subtracting any excess flow metered into the Outfall Connection. Delivery of the 4.6 MGD minimum flow during each winter period shall be determined by dividing the resulting aggregate flow by the total number of days that the Intertie operated during the winter period. Section g: Rfporting. IRWD shall provide OCWD and CSDOC with a monthly report for each calendar month during the winter operation period for the Intertie, by the thirtieth (30th) day of the following month. Such monthly reports shall include the following information: (a) Water QualiV Data. Final effluent water quality data from MWRP, including, at 2 0 0 minimum, the daily results for coliform, electrical conductivity (maximum, minimum and average for each day) and chlorine residual (maximum, nummum and average for each day), and monthly sampling results for total dissolved solids, pH, carbonate, bicarbonate, calcium, magnesium, boron, chloride, sodium, calculated sodium adsorption ratio (SAR) and adjusted SAR. Results for other constituents that are routinely measured in the final effluent shall also be included. The report shall include the dates of sample collection and units used for reporting. (b) Meter Readings. Daily readings, in both acre feet and gallons, of the quantity of water delivered through the Intertie meter on University Drive and the quantity of excess flow delivered through the Outfall Connection meter. Section 9: Notices. Any notice or other document and all billings and payments required or permitted to be given by either party hereto to the other party shall be deemed received upon delivery in person to the recipient or upon deposit in the United States mail in the State of California, with postage prepaid, and addressed to the party for whom intended at the following address: To CSDOC: County Sanitation Districts of Orange County P.O. BOX 8127 Fountain Valley, CA 92728 -8127 Attn: Robert J. Ooten, Director of Operations Telephone: (714) 962 -2411 E -mail: rooten @csdoc.org To OCWD: For invoices: Orange County Water District 10500 Ellis Avenue P.O. Box 20845 Fountain Valley, CA 92728 -0845 Attn: Accounts Payable 7 For all other notices: Orange County Water District 10500 Ellis Avenue P.O. Box 8300 Fountain Valley, CA 92728-8300 Attn: Steven R. Conklin, P.E., Associate General Manager To CITY: City of Newport Beach Public Works Department - Utilities 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 To IRWD: Irvine Ranch Water District 15600 Sand Canyon Avenue P.O. Box 57000 Irvine, CA 92619-7000 Attention: John White, Director of Plant Operations Section 10: Term. The term of this Agreement shall expire at the end of the fifteen year period described in Section 1(C)(2) of the WWSP Agreement. IN WITNESS WHEREOF, this Agreement has been executed in the names of the respective parties by their duly authorized officers, effective as 'of the day and year first above written. COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, for itself and on behalf of COUNTY SANITATION DISTRICT NOS. 2, 3, 5, 6, 7, 11, 13 and 14 OF ORANGE COUNTY, CALIFORNIA �By Chairman, Board of ecto s By l 6L� _ Secre , Bio d of Directors 8 APPROVED AS TO FORM: THOMAS L. WOODRUFF, GENE "L COUNSE , CSDOC Y ..../, f.� �. � dI .y — APPROVED AS TO FORM: BOWIE, ARNESON, KADI, WILES & GIANNONE Ltz APPROVED AS TO (FORM By ` General Counsel for Orange County Water District CITY OF RT By &r By�X�� %T'�"A! City Clerk 0.6 Lots LOW ORANGE COUNTY WATER DISTRICT BY vo-j _ President By eneral Manager 9