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HomeMy WebLinkAboutItem 8.4 DSRSD Agmt DSG Irrig CITY CLERK File # o 0 0-4 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 1, 1999 SUBJECT: Agreement with,Dublin San Ramon Services District for conversion of Dublin Sports Grounds to irrigation with recycled water. Report by: Diane Lowart, Parks & Community Services Director ATTACHMENTS: Agreement RECOMMENDATION uthorize Mayor to execute Agreement FINANCIAL STATEMENT: Costs for conversion will be paid by DSRSD DESCRIPTION: The City has established a water use efficiency ordinance that requires new annexations in eastern and western Dublin to use recycled water. In support of the City's ordinance the Dublin San Ramon Services District has adopted Ordinance 280 governing recycled water service in the District 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 indicated that the Dublin Sports Grounds is an ideal model conversion project and is proposing conversion of the irrigation system to recycled water. • Over the last several months, Staff has been meeting with DSRSD to coordinate the conversion of the irrigation system at the Dublin Sports Grounds to recycled water. Before committing to the project, issues related to the safety of the water, timing of the project and the availability of the water were investigated. 1. Safety of Recycled Water — The California State Department of Health Services has set strict standards, contained in Title 22 of the California Code of Regulations, for recycled water use. The highly treated recycled water produced by DSRSD meets those standards, meaning it can be used for most non-drinking purposes. The use of recycled water for irrigation purposes has safely been done on public facilities such as school grounds, athletic fields, golf courses and parks throughout California. 2. Project Timing—DSRSD is ready to begin the conversion project upon approval by the City. The work will be scheduled so that it will not affect use or maintenance of the park and will be closely coordinated with City Staff 3. Availability of Recycled Water— Irrigation of the Dublin Sports Grounds is done between 1.0:00 p.m. and 7:00 a.m. Recycled Water will be available for use during these times. Recycled water will also be available during the day for incidental uses such as infield watering, irrigation system testing, etc. Initially, DSRSD had indicated that recycled water may not be readily available during the day. However, they have now assured the City that recycled water will be available upon demand. . COPIES TO: DSRSD ITEM NO. �J F:ds¢\cc6ldsrsdagr.doc ()C 1 v , Attached is an Agreement between the City and the District for conversion of Dublin Sports Grounds to ' irrigation with recycled water. Generally,the terms of the Agreement are as follows: 1. The District will develop a Conversion Plan that includes piping modifications, signage, public information, operation and City Staff orientation and training. 2. The District will undertake and pay the cost of the Conversion Plan. The District will hold the City harmless concerning any work on the Dublin Sports Grounds. The City will grant the District access to the Dublin Sports Grounds for the purposes of carrying out the Conversion Plan. The District will restore the areas of work to a condition comparable to the condition at the initiation of work and satisfactory to the City. 3. The City will use recycled water in accordance with District Standard Specifications and Drawings as may be amended from time to time. 4. The City water usage fees at the Dublin Sports Grounds will be discounted for 5 years, beginning the first full billing period following the effective date of the Agreement as follows: Year 1: 50% Year 2: 40% Year 3: 30% Year 4: 20% Year 5: 10% After the fifth year,the City will be billed based upon the same rate schedule as other Dublin users of recycled,water. Staff recommends that the City Council approve the Agreement for Conversion of Dublin Sports-Grounds to Irrigation with Recycled Water and authorize the Mayor to execute the Agreement. AGREEMENT FOR CONVERSION OF DUBLIN SPORTS GROUNDS TO IRRIGATION WITH RECYCLED WATER This AGREEMENT ("Agreement") is entered into as of by and among CITY OF DUBLIN, a municipal corporation in the county of Alameda ("CITY"), and the DUBLIN SAN RAMON SERVICES DISTRICT, a public agency in the counties oI 1 Alameda and Contra Costa, California ("DISTRICT") for use of recycled water at the Dublin Sports Grounds. 1, WITNESSETH WHEREAS, the City has established Ordinance No. 18-92 establishing water use efficiency for landscaping which requires accommodations for the use of recycled water for new landscape irrigation; and WHEREAS, District developed a recycled water system to accommodate the recycled. 1 water requirement in areas annexed to City in support of the water use efficiency ordinance; and1 WHEREAS, District established Ordinance 280 requiring use of recycled water for new irrigation uses as well as for existing irrigation uses where the use of recycled water is cost1 effective; and WHEREAS, conversion of existing irrigation systems to recycle water, where conversiont is cost effective, is an important aspect of making recycled water cost effective for all users; and WHEREAS, the Dublin Sports Grounds is a major user of irrigation water, is adjacent to the District's recycled water system, and is cost effective for conversion to recycled water; and WHEREAS, District and City want to work cooperatively to make the conversion of irrigation at the Dublin Sports Grounds to recycled water a model for the community; NOW, THEREFORE, THE PARTIES HERETO AGREE AS FO.LLOWS: .-- Permission is hereby granted to the District to enter, occupy and use that certain real property known as the Dublin Sports Grounds (the "Premises") owned by the City of Dublin, which real property is described in Exhibit "A" hereof and is attached and incorpOrated by reference herein. Permission is for the sole purpose of retrofitting, constructing, and using the Premises in order to convert the Premises to irrigation with recycled water. This Permit is granted subject to the following terms and conditions: 1. Occupancy; Permit Revocable. The District may occupy and use the Premises, concurrent with public us~ thereof, subject to the terms and conditions hereinstated. This Permit does not constitute a deed, grant of easement, lease, conveyance or transfer of any property interest and is revocable. Said revocation is effective upon giving at leaSt thirtY (30) days Prior written notice of such revocation as set forth in paragraph 11 herein. 2. Scope of Retrofit Project Construction. District and City staff have met and agreed upon the work needed to retrofit the Dublin Sports Grounds for recycled water use ("Ret.rofit Improvements"). The Retrofit Improvements shall involve modifications of irrigation and related systems of the Dublin Sports Grounds as described in Exhibit "A," which is attached to ahd incorporated in this agreement.. 3. Duties and Responsibilities of the City. (a) Operation of Retrofit Improvements. City agrees to use recycled water for landscape irrigation and to operate the Retrofit ImprovementS, in accordance with the District Standard Specifications and Drawings for Design and Installation of Water and Wastewater Utilities, as may be amended from time to time. (b) City's Use of Recycled Water. City acknowledges, by execution of this Agreement that it has received a copy of said District Standard Specifications and D.-rawings for De. sign and 2 Installation of Water and Wastewater Utilities. The City agrees to use recycled water ir. accordance with District Standard Specifications and Drawings as may be amended from time toI time. 4. District's ObligatiOns. The District will develop Retrofit Improvements that includes piping modifications, signage, public information, operation and City staff orientation and training inI t accordance with Exhibit "A." 5. Cost of Project.. The District will pay the cost of the Retrofit Improvements. The District! ~ District' s represents and agrees that either the Retrofit Improvements will be performed by the own personnel, or that the Retrofit Improvements will be performed in accordance with any' ofapplicable provisionSthe Public Contractsg°Verning public workS,code, and Labor Code. including' but n°t limited t°' iPrtPlilablec~ r°vi °nl[ 6. Usage Fees. The City s recycled water usage fees at the Dublin Sp s rounds will b 1 discounted for five years, beginning with the first full billing period following the effective date of this Agreement as follows: Year 1: 50% Year 2: ~40% Year 3: 30% Year 4: 20% Year 5: 10% After the fifth year, the City will be billed based upon the same rate schedule as other 1 Dublin users of recycled water. The City may elect, upon written notice to the District as setI forth herein, to receive the discount as a reduced bi-monthly water bill or as an annual rebateI'' payment from the District. 7. Restoration of the Premises. The District 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. 8. Term; Earlier Termination. The term of this Agreement shall be 5 years from the date first hereinabove written; proVided, that said term shall expire earlier, or be extended, pursuant to the provisions of paragraph 17. The District may terminate this agreement without cause by giving written notice to the City of Dublin 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 District to terminate this agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to District hereunder. Should the DiStrict terminate this Agreement pursuant to this pro;Asion, Se District at the District's sole expense, restore irrigation and related systems of the Dublin Sports Grounds that the District has already modified to their operational status prior to such modifications. Such restoration shall be complete within .__ days of such termination, and shall be subject to all of the terms of this Agreement, including provision 9., Indemnification/Hold Harmless. 9..Indemnification/Hold Harmless. The District 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 the District, its 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 the District, from and against all claims for liability, losses,' damages, expenses, costs which may be brought against or suffered or sustained by the District, caused by, or alleged to have been caused by, the negligence, 'intentional tortious act or willful misconduct of the City, its Council, boards, commissions, officers, its employees, consultants, contractors or agents in the performance of this Agreement. Nothing herein contained shall be construed to require the District to indemnify the City against any responsibility or liability in contravention of California Civil Code Section 2782. 10. Insurance. The parties to this Agreement acknowledge that they are covered by insurance related to their respective agtivities on .the premises and related to the Retrofit Improvement in an amount that is deemed to be reasonable by their responsible governing bodies for] project foreseeable exposure to risks related to this project. The parties further agree to discl0se~ information about their insurance on five (5) days written request as set forth herein. 11. Notice.s.. All notices to be given hereunder shall be written, and shall be sent by certified or registered mail, postage prepaid, addressed as follows: To District: General Manager Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 To the City of Dublin: 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) days of the date of mailing of the Writing, notice o~ communication. All writings, notices, and communications shall be addressed and directed as set forth in this paragraph. Any change of address by any party must be made by giving written notice of the change to the parties within five (5) days of said change and in the manner as stated herein. 12. Assignments. This permit and the privileges granted to the District hereunder shall not be assigned by the District without prior written consent of the City, and any purported assignment lacking such consent shall be void. 13. Successors. The terms and conditions set forth herein shall be binding upon, and the benefits shall accrue to the successors in interest of the District, its assigns;transferees, heirs or grantees. 14. 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. 15. 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. 16. Enforceability. If any provision in this Agreement is held by a court of co.mpetent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 17. 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 agreemcnts of the parties approved and executed in the: same manner as the original agreement. 18. Attorney's Fees. If any action, proceeding, or litigation is commenced arising out of ort t 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. 19. 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. 20. 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', I regarding resolution thereof.~.: Said parties shall meet and confer within ten (10) days of the date of said notice of1 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 as they shall determine. 21. Effective Date of Agreement. This Agreement becomes effective on the date of the last signature affixed hereto. 22. 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 'Attest: By: President, Board of Directors Dublin San Ramon Services District District Secretary Dated: CITY OF DUBLIN, a mUnicipal corporation of the State of California Mayor, City of Dublin Attest: City Clerk (Seal) VALVE BOX TYPICAL OF 2 ~:;MO !0 Pr(:: WI 3~1° 1~3LT~ ~,~. I ~POOL ~ 5aD (WEST~ , ~ I ~ I .c,. ~ I DUBLIN SAN RAMON S~RVICES DISTRICT DUBLIN SPORTS GROUNDS GENERAL SITE PLAN