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of VAW STAFF REPORT
Public Works Services Department
DATE: May 6, 2014
TO: Honorable Mayor and City Council
FROM: Tom Tait, Public Works Services Director
By: Ken Herman, PE, Principal Civil Engineer
Carmen Masud, Management Analyst
SUBJECT: AGREEMENT WITH THE UPPER SAN GABRIEL VALLEY MUNICIPAL
WATER DISTRICT FOR THE CONSTRUCTION OF A SUSTAINABLE
LANDSCAPE DEMONSTRATION GARDEN
Recommendation: Approve
SUMMARY
The Upper San Gabriel Valley Municipal Water District ( "Upper District ") established a
Sustainable Landscape Demonstration Program to convert high water -use landscaped
areas to drought tolerant low impact demonstration gardens. The Upper District
approved a budget of $25,000 for each selected site to install high efficiency irrigation
equipment and low water use plants. The Public Works Services Department ( "PWSD ")
submitted the pocket park located at the southwest corner of Huntington Drive and
Second Avenue for consideration in the program. The City was recently notified that the
location was approved and eligible for participation in the Sustainable Landscape
Demonstration Program. There will be no City funding as part of this project. All of the
costs to renovate this site will come from the Upper District as part of the Sustainable
Landscape Demonstration Program.
It is recommended that the City Council authorize and direct the City Manager to
execute an agreement with the Upper San Gabriel Valley Municipal Water District for
the construction of a sustainable landscape demonstration garden.
BACKGROUND
The Upper District's Water Use Efficiency Master Plan ( "Plan ") identified several new
water use efficiency programs tailored for municipalities in its service area. The Plan
emphasizes that outdoor water use is the most promising target for water savings. For
this reason, the Upper District established the Sustainable Landscape Demonstration
Program. The Sustainable Landscape Demonstration Program aims to convert five
high water -use landscaped areas in cities within the Upper District's service area to
drought tolerant low impact demonstration gardens. This program will modify high
Agreement regarding Sustainable Demonstration Garden
May 6, 2014
Page 2 of 3
water use landscaped areas in public places by installing water efficiency irrigation
equipment and low water use plants that will reduce each site's water footprint. The
demonstration gardens are intended to not only save water, but to also educate and
encourage the community to modify their landscaped areas by showing how
landscaped areas can be improved to be more water efficient and still remain attractive.
The Sustainable Landscape Demonstration Program is also intended to assists cities in
meeting SBX7 -7 goals of reducing the State of California's per capita water
consumption by 20% by year 2020.
The Upper District awarded a contract to EcoTech Services, Inc. ( "EcoTech ") to
construct the demonstration gardens. EcoTech Services will complete the design of the
demonstration gardens and work with City staff to make sure that the landscape
features are specific to the needs of the City.
DISCUSSION
On August 13, 2013, the Upper District invited cities within their service area to
participate in their Sustainable Landscape Demonstration Program and submit
proposed landscaped areas that have potential for water savings. Based on factors
such as public visibility, potential water savings, feasibility of converting the site, and
construction restrictions, it was determined that the pocket park adjacent to the Outback
Steakhouse at the southwest corner of Huntington Drive and Second Avenue would
qualify as a location to place a demonstration garden (see attached Location Map). In
September 2013, the City of Arcadia submitted the proposed location to the Upper
District. Shortly after, the City was notified that the site qualified for the Upper District's
Program and that the City would receive up to $25,000 in professional landscape
services from EcoTech Services to complete a sustainable demonstration garden.
Currently the pocket park consists of turf, old shrubs, ground cover, and mature trees
(see attached Site Photograph). The proposed demonstration garden will keep the
existing mature trees that are on site, but will replace the existing turf and shrubs with
drought tolerant plants and ground cover. The landscaped area will be accented with
mulch that will reduce the amount of water that is normally lost due to evaporation. The
demonstration garden will also include decomposed granite pathways, benches, and
tables for people to stop and enjoy (see attached Sustainable Demonstration Garden
Design). Removing the turf at Second Avenue and Huntington and replacing it with
drought tolerant landscaping will reduce the water used at this location by approximately
40 percent, a savings of about 100,000 gallons of water per year.
In order to receive landscape services from EcoTech through the Upper District's
Sustainable Landscape Demonstration Program, the City Council must authorize and
direct the City Manager to execute an agreement (see attached agreement) with the
Upper District. Upon entering into the agreement, the Upper District will provide the
landscape related services for the purpose of installing a demonstration garden.
Agreement regarding Sustainable Demonstration Garden
May 6, 2014
Page 3 of 3
FISCAL IMPACT
There is no fiscal impact to the City of Arcadia for participating in the Sustainable
Landscape Demonstration Program. The Upper District has awarded a contract to
EcoTech Services, Inc. to provide landscape services to the City of Arcadia for the
demonstration garden and has approved a budget of $25,000. The total cost of the
demonstration garden will be paid by Upper District.
The City of Arcadia will be responsible for maintaining the demonstration garden once it
has been completed. It is expected that there will be maintenance savings due to the
slow - growing nature of the selected plants, the lack of turf, and the installation of new
irrigation equipment on the site.
RECOMMENDATION
It is recommended that the City Council authorize and direct the City Manager to
execute an agreement with the Upper San Gabriel Valley Municipal Water District for
the construction of a sustainable landscape demonstration garden.
Approved:
Dominic La7zar
City Manager
Attachments: Location Map
Site Photograph
Sustainable Demonstration Garden Design
Agreement
Sustainabiiity Demonstration Garden
at Huntington Drive and 2nd Avenue
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AGREEMENT
BETWEEN
UPPER SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT
AND THE CITY OF ARCADIA
REGARDING THE
SUSTAINABLE LANDSCAPE DEMONSTRATION PROJECT
Upper San Gabriel Valley Municipal Water District ( "DISTRICT ") and the City
of Arcadia ( "CITY "), (together referred to as "Parties" or each individually, "Party "),
agree to the following terms as of March 25, 2014.
Section 1. Introduction.
1.1. DISTRICT has established the Sustainable Landscape Demonstration
Project ( "Project "). The Project implements a program to convert high- water -need
landscapes to drought tolerant and low impact gardens in cities and public spaces
within DISTRICT's service area. The Project is also intended to help meet SBX7 -7
goals of reducing the State's per capita water consumption by 20% by the year 2020.
DISTRICT desires to provide to CITY the services of a landscape designer and licensed
landscape contractor (EcoTech Services, Inc.) to design and install high- efficiency
irrigation equipment and low- water -use plants at a public site within CITY.
1.2. DISTRICT and CITY desire to work together to implement the installation
of a Demonstration Garden ( "Garden ") to further their common interest in educating and
motivating homeowners and commercial site owners in CITY and DISTRICT's service
area to retrofit their own landscapes in order to reduce water consumption and runoff.
Section 2. Obligations of the Parties.
2.1. DISTRICT will provide certain landscape - related services to CITY as its
contribution to CITY's Garden. These landscape services include a landscape designer,
a licensed landscape contractor, all required materials, and any other necessary labor
to construct and install the Garden. DISTRICT will perform necessary soil grading and
remove unneeded landscape items from the Garden site, including small plant materials
and irrigation system components, but not including the removal or pruning of existing
large trees and installation of major retaining walls and hardscape and structures.
Page 1
DISTRICT shall be responsible for complying with the Public Contracts Code and all
other applicable statutes, local ordinances and permits governing the installation of the
Garden on public property.
2.2. CITY agrees to work closely with DISTRICT to determine the appropriate
site for the Garden based on factors such as public visibility, potential water savings,
feasibility of converting the site, construction restrictions and community outreach
involving the site to demonstrate sustainable landscaping. CITY will provide a location
for the Garden, and ensure access for the design and installation crews to inspect the
site and install the Garden. CITY will also provide a schematic of existing conditions
and inform DISTRICT of any possible unforeseen conditions of the Garden site prior to
the design process, contact Dig Alert and ensure all utility lines are clearly marked with
flags on the site before the designing process occurs, and pay for and obtain all
necessary permits.
2.3. If the Garden is not maintained for a 5 -year period following installation,
DISTRICT may, at its own discretion, require reimbursement of all funds spent by
DISTRICT designing and installing the Garden.
Section 3. Term
3.1 The Parties agree that the installation of the Garden shall be completed by
December 31, 2014.
Section 4. Indemnification
4.1. CITY shall hold harmless, defend at its own expense, and indemnify
DISTRICT, its officers, employees, and agents against any and all liability, claims,
losses, damages, or expenses, including reasonable attorneys' fees, arising from all
acts or omissions to act of CITY or its officers, agents, or employees arising from or in
connection with the funding or activities performed under this Agreement; excluding,
however, such liability, claims, losses, damages, or expenses arising solely from or to
the extent caused by DISTRICT's negligence or willful acts.
4.2. DISTRICT shall hold harmless, defend at its own expense, and indemnify
CITY, its officers, employees, and agents against any and all liability, claims, losses,
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damages, or expenses, including reasonable attorneys' fees, arising from all acts or
omissions to act of DISTRICT or its officers, agents, employees or volunteers, arising
from or in connection with the funding or activities performed under this agreement;
excluding, however, such liability, claims, losses, damages, or expenses arising solely
from or to the extent caused by CITY's negligence or willful acts.
Section 5. Assignment
5.1. CITY shall not assign, sell, or otherwise transfer any obligation or interest
in this Agreement without the specific written consent of DISTRICT.
Section 6. Independent Contractor
6.1. CITY is a separate public entity and not an employee of DISTRICT.
6.2 DISTRICT is a separate entity and not an employee of CITY.
Section 7. Applicable Law
7.1. This Agreement shall be construed in accordance with and governed by
the laws of the State of California.
Section 8. Integration
8.1. This Agreement represents the entire understanding of the Parties. No
prior oral or written understanding shall be of any force or effect with respect to those
matters covered by this Agreement.
Section 9. Termination
9.1 Either Party may terminate this Agreement at any time with thirty (30) days
written notice to the other Party. In the event of termination by CITY, CITY shall
reimburse DISTRICT for all expenditures incurred prior to termination for the Garden
described herein.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the date first above written.
UPPER SAN GABRIEL VALLEY
MUNICIPAL WATER DISTRICT
Shane Chapman, General Manager
Date
APPROVED AS TO FORM:
CITY OF ARCADIA
Dominic Lazzaretto, City Manager
Date
APPROVED AS TO FORM:
is
Lemieux and O'Neill, District Counsel Stephen P. Deitsch, City Attorney
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