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HomeMy WebLinkAbout4.11 Recycle Water Irrigationor 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL June 5, 2012 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -40 SUBJECT: Easement and Agreement with Dublin San Ramon Services District for Recycled Water Irrigation Prepared by Paul McCreary, Parks and Community Services Director EXECUTIVE SUMMARY: The City Council will consider an Agreement with the Dublin San Ramon Services District (DSRSD) to convert the irrigation at three parks (Kolb Park, Stagecoach Park and Alamo Creek Park) to recycled water, and to approve an easement through Stagecoach Park for a recycled water main line. FINANCIAL IMPACT: All costs to convert the parks to recycled water would be covered by DSRSD. DSRSD would also pay up to $15,000 to install new irrigation controllers, valves and flow sensors at these park that are compatible with the City's central irrigation system. RECOMMENDATION: Staff recommends the City Council adopt the Resolution approving an agreement with the Dublin San Ramon Services District for conversation of City of Dublin Parks to irrigation with recycled water. Submitted B Reviewed By Director of Parkzand Assistant City Manager Community Services DESCRIPTION: The City has an ordinance for water use efficiency that requires new annexations in eastern and western Dublin to use recycled water. In support of the City's ordinance, DSRSD adopted Ordinance 280 governing recycled water service in the DSRSD service area. The Ordinance requires delivery of recycled water in the areas of mandatory reuse and also the conversion to recycled water in the other portions of their service area where an appropriate use exists that is cost effective to serve. The District has received funding to expand the recycled water system and has identified Kolb Park, Stagecoach Park and Alamo Creek Park as sites for conversion Page 1 of 2 ITEM NO. 4.11 projects. The work is anticipated to begin in June and will continue through the fall. DSRSD will schedule construction so that it will not affect the use or maintenance of the parks and will be closely coordinated with City Staff. Over the last several months Staff has been working with DSRSD to coordinate the plan review and development of an agreement and easement to move the project forward. Attachment 1 is the proposed Agreement to convert the irrigation at the parks to recycled water, and establish an easement through Stagecoach Park for a recycled water main that will extend service east to Alamo Creek Park, and potentially north on Stagecoach Road in the future. Generally the terms of the Agreement are as follows- 1 . DSRSD will develop the plans and specifications for the project that includes piping, controllers, valves, flow sensors, signage, public information, operation and City Staff orientation and training. 2. DSRSD will undertake and pay the cost of construction for the conversion. DSRSD will hold the City harmless concerning any work done in the parks. 3. The City will grant access to DSRSD for the purposes of converting the irrigation systems. 4. DSRSD will restore the areas of work to a condition comparable to the condition at the initiation of the work to the satisfaction of the City. 5. The City will used recycled water in accordance with DSRSD standards. 6. DSRSD will pay up to $15,000 to convert the controllers, valves and install flow sensors at the three parks that are compatible with the City's Central Irrigation System. Any additional cost for the equipment will be absorbed in the park maintenance budget. Staff recommends the City Council adopt the Resolution (Attachment 1) authorizing the City Manager to execute the Agreement (Attachment 2) with DSRSD. NOTICING REQUIREMENTS /PUBLIC OUTREACH: A copy of this Staff Report was sent to DSRSD. ATTACHMENTS: 1. Resolution approving an agreement with the Dublin San Ramon Services District for conversation of City of Dublin Parks to irrigation with recycled water 2. Proposed Agreement Page 2 of 2 RESOLUTION NO. XX - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** AGREEMENT WITH DUBLIN SAN RAMON SERVICES DISTRICT FOR CONVERSION OF CITY OF DUBLIN PARKS 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 Dublin San Ramon Services District (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, 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 parks are a major user of irrigation water, and will be adjacent to DSRSD's recycled water system, and is cost effective for conversion to recycled water; and WHEREAS, the City currently uses recycled water to irrigate turf and other landscaping at Dublin Sports Grounds, Emerald Glen Park, Fallon Sports Park and neighborhood parks and squares in eastern Dublin; and WHEREAS, it is the intent of the City to use recycled water to irrigate turf and other landscaping at Alamo Creek Park, Stagecoach Park and Kolb Park; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to execute the Agreement and easement for conversion of City of Dublin parks to irrigation with recycled water with DSRSD. PASSED, APPROVED AND ADOPTED this 5th day of June, 2012, by the following vote- AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor ATTACHMENT 1 AGREEMENT AND PERMIT FOR CONVERSION OF CITY OF DUBLIN PARKS TO IRRIGATION WITH RECYCLED WATER This AGREEMENT ( "Agreement ") is entered into as of June 5, 2012 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. WITNES SETH: 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, 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 will be adjacent to DSRSD's recycled water system, and is cost effective for conversion to recycled water; and WHEREAS, CITY currently uses recycled water to irrigate turf and other landscaping at Dublin Sports Grounds, Emerald Glen Park, Fallon Sports Park and neighborhood parks and squares in eastern Dublin; and WHEREAS, it is the intent of CITY to use recycled water to irrigate turf and other landscaping at Alamo Creek Park, Stagecoach Park and Kolb Park; NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: Permission is hereby granted to DSRSD to enter, occupy and use that certain real property known as Alamo Creek Park, Stagecoach Park and Kolb Park (the "Premises ") owned by the CITY ( "Permit "). The 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 Stagecoach Park for the purpose of construction, installation, operation, maintenance and repair of a recycled water transmission line through Stagecoach Park, the legal description of which is described in Exhibit "A" 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 as set forth in Paragraph 13 herein. 2. Scope of Retrofit Proiect Construction. DSRSD and CITY staff have met and agreed upon the facilities needed to be installed to retrofit the CITY properties of Alamo Creek Park, Stagecoach Park and Kolb Park 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 and contract documents attached hereto as Exhibit "B ". 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 Central Dublin Recycled Water 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 Central Dublin Recycled Water 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 Representatives: 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. Agreement and Permit for Conversion of City of Dublin Parks to Irrigation with Recycled Water Page 2 of 6 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 Proiect. DSRSD will pay the cost of the design and installation of the Retrofit Improvements. DSRSD will also reimburse the CITY for any necessary inspection services during project construction. 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. Weather -based Irrigation Controllers. DSRSD will provide and install weather -based irrigation controllers, master valves, and water sensors at Kolb, Stagecoach, and Alamo Creek Parks as part of the Retrofit Improvements. The CITY will reimburse DSRSD for all the material and labor costs of the weather -based irrigation controllers, master valves and water sensors, to the extent that said costs exceed $15,000. Prior to payment by CITY, DSRSD shall provide to CITY a detailed account of all such costs. 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. DSRSD will adjust irrigation heads as needed to avoid overspray on park fixtures and furnishings. 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. The specific date of termination shall be included in said notice. Nothing herein contained shall be deemed a limitation upon the right of DSRSD to terminate this agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to DSRSD hereunder, or pursuant to applicable law or regulations, or the District Code. Agreement and Permit for Conversion of City of Dublin Parks to Irrigation with Recycled Water Page 3 of 6 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. Agreement and Permit for Conversion of City of Dublin Parks to Irrigation with Recycled Water Page 4 of 6 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. Enforceabili ty. 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. Agreement and Permit for Conversion of City of Dublin Parks to Irrigation with Recycled Water Page 5 of 6 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: Attest: Nancy G. Hatfield DSRSD Secretary DUBLIN SAN RAMON SERVICES DISTRICT, a public agency Bert Michalczyk, General Manager Dublin San Ramon Services District Dated: CITY OF DUBLIN, a municipal corporation of the State of California Joni Pattillo, City Manager, City of Dublin Attest: Caroline Soto CITY Clerk (Seal) 1868136.2 Agreement and Permit for Conversion of City of Dublin Parks to Irrigation with Recycled Water Page 6 of 6 "EXHIBIT A" GRANT OF EASEMENT BEING A PORTION OF LOT 152 AS SHOWN ON THE MAP OF TRACT 4719 AS SAID MAP WAS FILED JANUARY 17, 1984 IN BOOK 142 OF MAPS AT PAGES 41 THROUGH 46, ALAMEDA COUNTY RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 152 AS SHOWN ON THE MAP OF TRACT 4719 (142 M 41 -46), THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 152 SOUTH 34 °50'06" EAST 15.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 56 055'21" EAST 82.70 FEET; THENCE NORTH 11 °55'21" EAST 87.55 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 152 AND THE SOUTHERLY LINE OF TURQUOISE STREET AS SHOWN ON THE MAP OF TRACT 4719 (142 M 41 -46). CONTAINING 2,555 SQUARE FEET, MORE OR LESS. A PORTION OF ASSESSOR'S PARCEL NO. 941 - 2769 -01 ATTACHED HERETO IS A PLAT ENTITLED "EXHIBIT B" WHICH BY THIS REFERENCE IS MADE A PART HEREOF. .. r:A DARRYL ALEXANDER, L.S. 5071 LICENSE EXPIRES JUNE 30, 2013 TURQUOISE STREET a R - N 87`50'06" W /O' 85.30' -- �---- - - - --- ° �'o's�'' 4 / •`y' o?� / N ryh �, / 8755• (C / 15' RECYCLED WA T 1 / ER ESM �T) � / CITY 1 ii T / 1 c:, / LOT 152 �, ?" :7- o TRACT 4719 o N 5s • _ 0 42 M 41--- 46) 1 21 " �- �` 15.2 70' 1 RECYC�'FD i a_ GYA TE/,� � a \ O 4 G �; r 1 1 26 37 == E -0 EX. PUE n s �o �o 4 'c Z —N- 1 " -40' A 0 z 0 a Q LEMINDER & EMIBIT "B" JOB NO.: 11148 SSO CIA TES INC. PLAT TO ACCOMPANY FlLE NO.: 11146CAD SURVEYORS - PLANNERS - ENGINEERS LEGAL DESCRIPTION DATE: AUG 2011 147 OLD BERNAL AVENUE, SUITE IO CITY OF DUBLIN SHEEP NUMBER: TOTAL SHEETS: PLEASANTON, CALIFORNIA 925 462 -2255 (925) 462-8092 FAX _ ALAMEDA COUNTY CALIFORNIA