HomeMy WebLinkAboutReso 146-15 Irrigate With Recycled Water RESOLUTION NO. 146- 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT WITH DUBLIN SAN RAMON SERVICES DISTRICT FOR
CONVERSION OF CITY PARKS, FACILITIES, AND STREET LANDSCAPES 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 the 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, facilities, and street landscaping are major uses 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 of Dublin currently uses recycled water to irrigate turf and other
landscaping at several parks, facilities, and street landscapes throughout the City; and
WHEREAS, DSRSD has capital improvement projects to extend recycled water
transmission mains in Dublin, west of Interstate 680, and to convert irrigation systems from
potable water to recycled water, which includes conversion of Dolan Park, Mape Park, Shannon
Community Center and Park, Dublin Heritage Park, Dublin Senior Center, Fire Station 16, and
several street landscape strips and medians; and
WHEREAS, it is the intent of the City to use recycled water to irrigate turf and other
landscaping at Dolan Park, Mape Park, Shannon Community Center and Park, Dublin Heritage
Park, Dublin Senior Center, Fire Station 16, and several street landscape strips and medians;
and
WHEREAS, DSRSD has prepared an Agreement and Permit for Conversion of City of
Dublin Parks, Streetscapes, and Medians to Irrigation with Recycled Water, attached hereto as
Exhibit A, and said Agreement will allow DSRSD to convert City irrigation facilities from potable
water use to recycled water use; and
WHEREAS, said Agreement requires that the City grant DSRSD an easement through
Mape Park for construction, installation, operation, maintenance, and repair of a recycled water
transmission main, in order to provide recycled water service to Mape Park and other DSRSD
customers.
Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager to execute the Agreement in its current form, or with minor changes,
as necessary and appropriate to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of September, 2015, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
ayor
ATTEST:
Citx
City Clerk
Reso No. 146-15, Adopted 9-1-15, Item 4.6 Page 2 of 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.
WITNESSETH:
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 Attachment 1 (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 thc
CITY, from and against all claims for liability, losses, damages, expenses, costs which may be
brought against or suffered or sustained by thc 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:
Nicole Genzale
District Secretary
Dated: CITY OF DUBLIN, a municipal corporation of the State
of California
By:
Christopher L. Foss, City Manager
City of Dublin
Attest:
Caroline Soto
City Clerk
(Seal)
1868136.2
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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 3
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 3
\ \ TRACT 2643 \
\ BLK. 3
\ (49 M 87)
\ \ TRACT 4218
\ (115 M 56)
TRACT 2643 \ FOUND STANDARD
BLK. 2 CITY MONUMENT
(49 M 87)
P��p`ll / S 03'49'57" W
1-P � 40.55' (TIE)
1 'Q\') S �1 P.O.B.
��"�<5 ," 0F,P0��'p L� \Nr\ S 37'09'28" E 58.70'
O j 6 ri- __ S 82'09'28" E 113.40'
N 0P •p0 15' WIDE WATER 7.5'±
Sti�0 LINE EASEMENT
5 4,137± SQ. FT. 7.5'± \\.‘
S 37'09'27" E 103.35'
CITY OF DUBLIN P.O.T.
FOUND STANDARD QUIT CLAIM DEED #88-158846 15.48'
APN: 941-0101-001
CITY MONUMENT y
P.O.C. MAPS MEMORIAL PARK
2.58± ACRES \ %Z
\ 0�3
TRACT 5388
(171 M 32) oz Z
"0
oZ7g
m73
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go
1
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SCALE: 1" = 80'
80 40 0 80
00, LQUIET RIVER��\\ EXHIBIT "B" - 15'WIDE WATER LINE EASEMENT
-'." Land Services Inc. 4 CITY OF DUBLIN
11501 Dublin Boulevard, Suite 200 11711 MAPE WAY
Dublin, CA 94568 DUBLIN ALAMEDA COUNTY CALIFORNIA
(925) 734-6788 Phone
-- HDRI1501 DRN. BY MAS CHK, BY KMM DATE: 8/13/15
PAGE 3 OF 3
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Exhibit D
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-4
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:ABoard\2015\09-01-151City of Dublin RW Conversion Agreement\Agmt Exh D-Grant of Easement Alameda County.docx Rev.12/04