Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
4.6 Recycled Water Conversions
STAFF REPORT CITY CLERK CITY COUNCIL File #600-35 Co OO-'-{O DATE: September 1,2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager (I/ SUBJECT: Approval of Plans and Specifications and,Award of Bid-Contract No. 15-06, San Ramon Road Stormwater Quality Tniatrnent,Project ST-1212 and Approval of Agreement with Dublin San Ramon Services District for Recycled Water Conversions Prepared by Andrew Russell, City Engineer EXECUTIVE SUMMARY: The City Council will consider awarding a construction contract for the San Ramon Road Stormwater Quality Treatment project, Contract 15-06 (CIP No ST1212), approving an agreement, with Dublin San Ramon Services Dlstrict `(DSRSD) for the conversion of City irrigation systems to recycled water, and approving an easement through Mape Park for a recycled water main. FINANCIAL IMPACT: A budget change will be necessary to award Contract No, 15-06. The City Council will consider a budget,change to add $50,000 of Measure B Sales Tax — Bike & Pedestrian funds'and 0,000 of State Gas Tax funds to the San Ramon Road Stormwater Quality Treatment, CIP No. ST1212. DSRSD's conversion of City facilities from potable water irrigation to recycled water irrigation will result in some costs to the City. The costs are associated with adjusting imgation spray patterns,to prevent recycled water from spraying onto existing picnic areas, benches, and other park fixtures: These costs, estimated at $75,000, will be funded through the current operating budget. DSRSD will reimburse the City for costs associated with City inspection and testing of the recycled water conversions. RECOMMENDATION: Staff red:amends that the City Council: 1) Adopt the Bigasd 0Lan Approving the Plans and Specifications for the San Ramon Road Stormwater Quality Treatment, Project No ST-1212 and Awarding Contract No. 15-06, to GradeTech, Inc.; 2) Approve the Budget Change;and 3) Adopt the Immo Approving the Agreement with Dublin San Ramon Services District for conversion of City parks, facilities, and street landscapes to irrigation with recycled water. Page 1 of 5 ITEM NO. 4.6 ubmitte� By Pub _�� eviewed By lic Works Director Administrative Services Di`r for DESCRIPTION: Construction Contract The City of Dublin and Caltrans entered into a Cooperative Agreement No. 4-2443 in August of 2012 and amended the Agreement in December 2014. In the agreement, the City agreed to design, construct, and maintain a bioretention basin and storm drain on San Ramon Road between Silvergate Drive and Shannon Avenue. Caltrans agreed to fund the project, including the cost of basin maintenance for twenty years. Subsequently the City hired consultants to prepare the construction drawings and to complete the environmental documents. During design of the City project, DSRSD started design of their project to extend recycled water infrastructure to the west side of Dublin. The alignment of DSRSD's proposed recycled water main included a segment on San Ramon Road between Silvergate Drive and Shannon Avenue. Because the two projects included construction within the same vicinity, City and DSRSD staff decided to coordinate project construction, such that the City project would include installation of DSRSD recycled water main parallel to the new City storm drain. DSRSD will reimburse the City for costs associated with the recycled water main, estimated at up to $160,000 based on the lowest responsive bid. Staff and consultants completed plans and specifications for San Ramon Road Stormwater Quality Treatment, Project No. ST1212. The work includes installation of a new storm drain main and recycled water main under the San Ramon Road bicycle and pedestrian path, between Silvergate Drive and Shannon Avenue, and construction of a stormwater quality basin within the street right-of-way on the northwest corner of San Ramon Road and Silvergate Drive. The project also includes installation of landscaping and irrigation around and within the basin. A total of four (4) sealed bids were received on August 3, 2015, ranging from $918,888.92 to $1,341,980.90 and a summary of the bids is provided as Attachment 2. The low bid of $918,888.92 was submitted by GradeTech, Inc. Staff has reviewed the bid results, checked references and necessary licenses, and recommends that the City Council adopt the Resolution (Attachment 3) awarding Contract No. 15-06, San Ramon Road Stormwater Quality Treatment to GradeTech, Inc. as the lowest responsive bidder. To facilitate the approval of contract change orders and to avoid construction delays, it is requested that the City Manager be authorized to approve change orders up to the contingency amount of $91,889. The Resolution (Attachment 3) will authorize this change as it relates to this project. Project Budget Change and Funding The amount of the lowest responsive bid was $918,888.92. A construction contingency amount of ten percent or $91,889.00 is requested, which brings the total budget for improvements to $1,010,777.92. Including environmental review, design, inspection, and project management, the estimated project cost is $1,205,000. The current budget provides $852,000, therefore staff recommends that $303,000 of State Gas Tax funds and $50,000 of Measure B Sales Tax — Bike Page 2 of 5 and Pedestrian funds be added to the project budget to cover estimated project costs. The Bike and Pedestrian funds are proposed to pay for costs related to the restoration of the bicycle and pedestrian trail between Silvergate Drive and Shannon Avenue. Existing and proposed funding sources, estimated project expenditures, and anticipated reimbursements are summarized as follows: Funding Sources Stormwater Management $852,000 Measure B Sales Tax— Bike & Pedestrian (new) $50,000 State Gas Tax (new) $303,000 Total Budget $1,205,000 Expenditures Project Costs $1,205,000 Anticipated Reimbursement* DSRSD Up to $160,000 Caltrans Up to $1,020,000 *- actual reimbursement is dependent upon final construction and project costs DSRSD Reimbursement The project was coordinated with DSRSD and includes installation of a DSRSD recycled water main between Silvergate Drive and Shannon Avenue. DSRSD will reimburse the City for recycled water main improvements up to approximately $160,000. Caltrans Reimbursement Original project funding was provided by Caltrans through a cooperative agreement. Caltrans funded the project as mitigation for the 1-580 Truck Climbing Lane project. The current cooperative agreement with Caltrans limits project reimbursement to $852,000. City staff and Caltrans staff are working on an amendment to the cooperative agreement which would increase the project reimbursement up to $1,020,000. It is anticipated that the amendment to the cooperative agreement will be finalized within two months. The cooperative agreement also included an additional $40,000 from Caltrans for the City's long-term costs of maintaining the stormwater treatment basin. The City received the maintenance funds from Caltrans as part of the first disbursement of funds in 2013. Final reimbursement amounts from both DSRSD and Caltrans will be based on actual project expenditures. Environmental Review In accordance with the California Environmental Quality Act (CEQA), an Initial Study was prepared and a Negative Declaration was adopted for the project on October 21, 2014. The Negative Declaration determined that the project will not have a significant effect on the environment. Recycled Water Conversion Agreement with DSRSD DSRSD's West Dublin Recycled Water Project will provide recycled water to several DSRSD customers west of 1-680, including several City facilities. The DSRSD project includes the work Page 3 of 5 required to convert several City irrigation systems from potable water to recycled water. Facilities to be converted by DSRSD include 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. Over the past several months DSRSD and staff have coordinated the design, construction, and inspection of the recycled water project. This coordination effort also included the development of an agreement and easement to allow the DSRSD project to move forward. Attachment 5 is the proposed agreement to convert irrigation at City facilities to recycled water and to establish an easement through Mape Park. The easement is needed for a recycled water main that will provide recycled water to both Mape Park and Dublin Unified School District's Neilsen Elementary School. The proposed agreement is similar to the form and content to agreements entered into between DSRSD and the City in June 2012 and in June 1999. Generally the terms of the agreement are as follows: 1. The City will grant DSRSD access to City facilities for converting irrigation systems to recycled water. 2. The City will grant DSRSD an easement through Mape Park for construction, operation, maintenance and repair of a recycled water transmission main. 3. The City will use recycled water in accordance with DSRSD standards. 4. DSRSD will pay the cost for the design and installation of the retrofit improvements and will coordinate construction activities with the City. 5. The City will pay for costs to modify existing irrigation systems to redirect spray patterns off of existing picnic areas, benches, and other park fixtures. 6. DSRSD will restore areas of work to a condition comparable to the conditions at the commencement of work. Staff recommends that the City Council adopt the Resolution approving the Agreement (Attachment 5) with Dublin San Ramon Services District for conversion of City parks, facilities, and street landscapes to irrigation with recycled water. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Advance notice of construction activity will be mailed to adjacent property owners and project information will be included on the City's website. A copy of this staff report was sent to GradeTech, Inc. and Dublin San Ramon Services District. ATTACHMENTS: 1. Location Map 2. Bid Results 3. Resolution Approving the Plans and Specifications for the San Ramon Road Stormwater Quality Treatment, Project No. ST-1212 and Awarding Contract No. 15-06, to GradeTech, Inc. 4. Budget Change Page 4 of 5 5. Resolution Approving the Agreement with Dublin San Ramon Services District for Conversion of City Parks, Facilities, and Street Landscapes to Irrigation with Recycled Water 6. Exhibit "A" to Resolution —Agreement with DSRSD Page 5 of 5 1 i i { 3 Attachment 9 , Location Map - San Ramon Road Bypass Storm Drain s r b � z 1 � t f New Storm Drain Line Vegetated Treatment Pond O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O In V O O O O V O O O O O O O O O O O O O O O O O O O O O In O N O O w O N O O O O M O O C O O V O m N M O (O W O O O O V O O O (O O V n O o M m m r o (O O m O O O O N to 0 O (O O O O 00 M O m (O O V O N w O (O (O N (O w (O V O O (O m N M (O V m 0 (O r- 2 O O_ N M - M V - N r (O to M to d) r M M N N N d) 00 M to - r to o0 N_ V N U) M 6% 6% 6% 6% 6% I- (O M 6% V (O 6% 6% U) U) U) U) N N N N 6% 6% 6% N U) U) U) U) ER ER U) U) 6% 6% ER Ui N Ui Ui Ui ER x = W C R a/ O O O O O O O O O O O O O O O O O O O N O O N O O O O O O O O O O O O O N ON O O u N O O O w O O w M O w 0 O (O O O (O O O O O O r O N O w N O O n O O O O O O O O O O O 6% O 6% M O (O 6% O M O w 6% O N (O 6% M n 6% n N w N M V (O V O O O 6% 6% O M O In 6% 6% O 6% 6% N M N 6% (O N V). N O O 00 V U). I. 01 ER ER ER ER ER E E E R R R 00 V N N Cl) In V U) 6% '� M ER ER ER ER ER ER � ER ER O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 M O O a In m (O N (O O O O O O V O O O O O O O O (O O M O O m r V (O N (O O (O to O O O (O O N V O I: V M N V M (O V In M N (O M O O w 00 V In V m (O M m 00 N w N V O M (O o0 to O M to (O I- M N M (O N to N N r r V V N 00 to V N (O M N (O N to (3 O V V N V d) d) O M d) O y jp EtR ER ER ER 6% ER 01 (O O 01 00 (O N V) I t 00 R to (O O N 6% 6% 6% 0) In N 6% N O 6% 6% 6% 6% 6% 6% O M 6% M 6% N ER 6% > U) 6% 6% 6% 6% N ER 6% N 6% 6% ER ER 6% U W U) U) x W t O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O (O M O O N O O O O O O O O O O O O O O O O O O O V O O O O O O O O O O O O O O O O N 00 O O w y 0 m N (O w N_ N N O N In (O r O_ O (O (O O N N M M O I- r (O M m M w N m O O N O O w N IL O r � N M_ N N V In M V I- (O M I- M M 6% In M N M N M N M_ V V O N M M r 6% 6% M r 6% I� V) ER 6% 6% 6% M 6% 6% 6% ER N 6% Cl) (O 6% (O 6% N N V N M I- V 6% (31 (31 V U In M 6% ER 6% 6% 6% N U) ER U) U) ER ER U) U) U) In In In 6% 6% V3 r ER ER ER ER ER O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 O O O O O O O O O O_ O O O O O O O O O O O O O O O O O (O N O O O N O O O r r O O O O O N O O N N In V O O O V V O O N O N O O N O m O O V I— N to O N O O O r to O (O 'y I� to r O O0 N V Cl) d) V In (O (O w m O V O M V In m N N M w N (O N r N w N (O w N N O a (O (O 6% M (O M 6% M O_ M 6% V d) V 6% 6% d) O d) V In N r (O 6% V M In M d) 6% to N M r V N N y }w 6% 6% 6% 6% U) U) (O Cl) N (O 6% 6% 6% 6% 6% N N N 6% V3 U) U) 6% N 6% 6% y C R R U) U) U) R U) R R 6% N 6% R 6% C O u W 01 C 7 W O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M O O O O O 3 y U O I� O O EO R O w (O O O O (O (O O O EO R M n EO R (O O O O O M M O n O N O O O O O O U O O O V O O 6% V 'It O 6% V O n O O O N O N O O O 6% O Cl)In - In V 6% 6% 6% 6% 6% 6% 6% 6% In 6% N 6% N M N M N U (O (O In C\i 6% 6% U) U) 6% 6% 6% U) U) 6% 6% w (O C4 C4 C4 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 CO. O O 0 0-y O O N O O O O O O O O O O O O O O O O O O O O O O M O O O O O O O O O O O N M O O O O N O m I- O O O O O N w O N N O O O V (O O O O O (O O O O O N (O O O O O O O O O N I- to O (O (O V r- O N 00 00 co M r (O V In V M N n r -- N 0 V U) 00 O O I- r 00 U C 00 V V In V (O to V O d) r (O V N (O 6% N N N d) to N to O 0) O a r U) U) U) 6% 6% ER 6% I- V M ER V 6% ER 6% 6% 6% 6% 6% co V M N U) M 6% N 6% 6% ER ER ER ER ER ER ER ER ER ER ER ER m W U a/ F y O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Cl) O O -O O O O O O O O O O O O O O O In O O O O O O O O O O O O O O O O O O O O O V o0 O O R N O (J O O O O O O O O n w O N O O O O ; 0 O O O M O O O O O O O O O O O O N V n O O O O n r (O N N N O M (O r 6% M N M M N O (O O V n N (O 6% O O O 6% 6% u O O Cl) N 6% 6% 6% 6% O 6% 6% 6% 6% 6% 6% to 6% 6% V M Cl) 00 V O O 00 V N ER In 6% 6% 6% 6% 6% (0 In to V) ER '� V3 V3 V3 V3 V3 V3 V3 V3 V3 ~ U) U) LL Q } lL lL lL lL lL Q } } } } } } z } lL lL Q lL Q lL Q lL lL lL lL lL } } Q Q Q LL LL Q Q z J J J W U J J J J J W U U U (� U U 0 U J J W J W J W J J J J J U (n W W W (n (n W W 00 N r O >. O O N N O O O O O O (O O O O n O t (O r r V 0) ( N 00 (O V 00 M V N Cl) I- to to Cl) N (O V Cl) LO V M N N N N V V N N c6 co N O c co : y Z co LU 75— +� Q ° m Z 0 U 05 L _ O Q 0 E m co co U C co z a in m o 4 ° a p ;> U) � o D Q z = co cl Y (� o m O H Z_ a O °- o Q >0Er It m a° U 3 m o0 3 w > W Q ° U a� Y a > > o w W E Cl) co o co o_ (1 ° y y r R U N N W - — U R y y cl J Z p rn 0 o co L co m o m io °- R R o U �-I D Z ° cm H 3 ° cn m y a i r - a U) o o 'a L U d W m U) (n Q °- ° C m a1 co N Q v .� L o ° ° ° °-- a1 ci U co O x m U N a) w 2 N a d LU a d � C C ° o 1 ° U R Q m = ° c c U 0 o Q `o a o m = o o o > °o ° _ O I r > c°n m o U o o m o U U U ° ° H U ° - m y o a a r LL o 0 0 o R o ? Q o v R r m o R a U U o as as as a a E m R a o O o w o v cn m Q ° tL C7 0 ° - > a a H 2 o o E .° a q� �i �y o U U U U a a E o o o y o Y Y o ° 'o o W W o o Q c u1 (V= U a a a s a s a m R m m E 5 a a k R Z O ° ° 0 0 0 0 0 0 -°o o w w tL x U ° °t ° w 'o ° ° 'a 'a in in R m ° E N Q �I\ a H r a1 0 o - - - W' W' �e �e .� E — d y y (J v Z ++ Z E E E E E E E co R E a co y a `o - a a v ai o a1 a1 a1 a1 a1 a1 -0 a1 O o 4 R o ~ r r a a Q o0 0o c c iv o o .2 o .o .o 2 2 Q W' W' m U lL Q Q = v U U (o o0 00 _ _ N N V in cn cn H H W N M V In (O r o0 d) O N M V In (O r . .HM ],-, N N N N N N N N N M M M M M M M M V O O O O O O O O O O O O p O O O O O O O O O O O O y O N O (O (O O O O O O O O p N O 00 N O N O O O N O 00 M M N O O O M N (, O a 00 N (O r O (O O V Cl) I- V ER ER ER V V M d) 6% UD U) y N ER ER ER ER M V3 0) 2 R 0) O O O O O O N O O O O O � O O N O O O N O O O O O 0 0 0 (O O M O (O O O O U N 6% ER 6% O 6% O O (O O 6% 6% O O N (O O � ER ER ER N ER O Z O O O w M O O O O O O O O O O (O V O O O O O O O N 00 N 00 N 00 I- O O O O r N O N 00 (O 00 O d) O O O Cl) a) N O M (O (O V N Nt r O (O V F- N O N N (O O Cl) V W Q U ER ER N U) M r- V U) 6% ;; p jp Z0) O 6% 6% U) 6% 6% N > C R Y O EA U - x a w R a cl w O O (O o0 M O O O O O O O t N E N U - O O M M O N O O O O O N O C C 00 � O r N V O O I1 N r (� Q W ER ER 6% ER ER N 6% w O 0 V IL O` U - 0) O O Y = _ _ R ER ER ER ER m W E R 7 lL 0 U U O O O O O o 0 0 0 0 0 o p O O O c c 0 0 0 0 0 0 0 c 0 Uri o ai o 0 o Uri 0 0 0 v o (O 00 r- V O 00 O N O O O 00 p O O N d) O (O V 00 N O O V Un N N N N N M V V p ER ER N ER V In V3 V3 V3 V Cl) ER ER ER ER ER y 0V ER EA O a p O O O O O O O O O O O 0 O OU� c c 0 0 0 O O O o rn ro 0 0 M 0 r, 0 0 0 U » » » O (» O (0 O o o L a w (» (» (0 00 6% o o y o o s= 2 � LO � U) U Ew m LL `g m R ° ° U co m U U U) U O N O O (O O O O O O O O N O I- N N M O O O O O O O a) (O Cl) N Cl) O O V O O O O O 00 m O w (O C2 O w O N O O O 00 w CO O N (O N d) N r (O V O 00 Q O d) m N M O M N N m 00 D U ER ER ER M I� 00 V) ER ER m C ER ER ER ER ER y ?> u 0 J F n O N O (O O O O O O O O O N N O V O O O O O Z (O O O N O O O O O w R L U ER ER ER ER ER O ER (00 O 00 w O N Q m U) » a LL Q O — R U U J W 0 0 0 J 0 J J J W J LL LL N N N 00 I� 0 0 � N � I- N M o0 (O O (O r V C i O Y Q L V a+ y J C N H (7 Q O cl Y (T O L y C J N a 0) CL N O N U °. in o o . o C: m o R N A 7 Q a a) o 00 LL 2 H (n 3 Z o o R a U m aE U) 0 (7 fn O .0 m d R cl O a U R ON U ` O C U U p) U C E R N N U) Z m J - :5 m U H U N M V N (O r CO 0) O — N V V V V V V V V V N N N RESOLUTION NO. XX- 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PLANS AND SPECIFICATIONS FOR THE SAN RAMON ROAD STORMWATER QUALITY TREATMENT, PROJECT NO. ST-1212, AND AWARDING CONTRACT NO. 15-06 TO GRADETECH, INC. WHEREAS, staff and consultants completed plans and specifications for the San Ramon Road Stormwater Quality Treatment, Project No. ST-1212. The work includes installation of a stormwater treatment basin, storm drain main, landscaping, and repaving potions the pedestrian and bicycle trail on San Ramon Road between Silvergate Drive and Shannon Avenue; and WHEREAS, the City of Dublin approves the plans and specifications for the San Ramon Road Stormwater Quality Treatment, Project No. ST-1212; and WHEREAS, the City of Dublin did, on August 3, 2015, publicly open, examine, and declare all sealed bids for doing the work described in the approved Plans, Specifications, and Modifications for Contract No. 15-06, San Ramon Road Stormwater Quality Treatment, which Plans, Specifications, and Modifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to the Public Works Director, who has recommended that the bid hereinafter is the lowest and best bid for doing said work; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby award Contract No. 15-06, San Ramon Road Stormwater Quality Treatment, to the lowest responsible bidder therefore, to wit, GradeTech, Inc., at a bid of Nine Hundred Eighteen Thousand, Eight Hundred Eighty-Eight Dollars and Ninety-Two Cents ($918,888.92), the particulars of which bid are on file in the Office of the Public Works Director. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or his designee to approve the project Contract Change Orders based on the appropriated funds designated for Contract No. 15-06 up to the contingency amount of$91,889.00. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 1 st day of September, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk CITY OF DUBLIN FISCAL YEAR 2015-16 BUDGET CHANGE FORM Budget Change Reference#: City C©uncil's Appra►Val Required From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other DECREASE,SE BUDGET AMOUNT INCREASE,,BUDGET AM, U LT Account Amount Account Amount EXPENDITURES -Street CIP -Storm Drain Bypass San Ramon Road st5014.9400.9401 (Improv- Not Bldg) 353,000 3600.9601.49999 (Transfer In) 3537000 2201.9601.89101(State Gas Tax Transfer Out) 3037000 2205.9601.89101(Measure B Bike & Pedestrian Transfer Out) 507000 REVENUES -Gas Tax-Reimbursement- General 2201.0000.49141 (Reimbursable) $1607000 REASON,FOR,BUDGET CHANGE Budget change is due to bid for construction being higher than available budget and offset reimbursable revenue from DSRSD As Presented at the City Council Meeting 9/1/2015 • Posted By: Date: C:\Users\agenda\Desktop\4.6 attch 4 4.6 attch 4 RESOLUTION NO. XX- 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; 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 1 st day of September, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 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. 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, 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 Proiect 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 Proiect. 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 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. 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 \\D0\DataVol\ENGDEPT\CIP\6200620-Cennal Dublin Rea NV'Dist&Renofitnoj\04Boazd&Committee ltenls\RW Inigation Agmt with City of Dublin\RW Inigafion Agmt with City of Dublin Final 07 17 12.docx 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. 4 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) Q►��P11 / S 03°49'57" W 40.55' (TIE) ) P.O.B. y i pp �� \ S 37°09'28" E 58.70' S c82'09'28" E 113.40 0P app 15' WIDE WATER 7.5'± 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 N P.O.C. MAPE MEMORIAL PARK 2.58± ACRES I Z TRACT 5388 I o A (171 M 32) oZ Z CD z O I 00 m"' a� N 90 I I / � I I SCALE: 1" = 80' 80 40 0 80 �UIET RIVER. EXHIBIT "B" - 15'WIDE WATER LINE EASEMENT Land Services Inc.r CITY OF DUBLIN 11501 Dublin Boulevard, Suite 200 11711 MAPE WAY Dublin, CA 94568 DUBLIN ALAMEDA COUNTY CALIFORNIA (925) 734-6788 Phone HDR11501 DRN. BY: MAS CHK. BY: KMM I DATE: 8/13/15 PAGE 3 OF 3 I ,µ ,, o� t, „ w ,. 0 VO `sa^m auk AR S >, jjjll� 0 �1 P"NDI Y dill' a,y � ����1 � �r � �, 1 1 a�^�T"•� �mvV ��y` .. tix hl b OR UUU Aao/ .� mliil� ")` �•` "l lr/ _ L.l t gj gW of r� �al, bCdf � I��r lui m� r w Irv , „ �. h�l�l µ ci b+ f',k", s',,`t ^ 1d � Ali 1 Atw LL 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\09-01-15\City of Dublin Rw Conversion Agreement\Agmt Bxh D-Grant of Basement Alameda County.docx Rev.12/04