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HomeMy WebLinkAboutState Center Community College District - Agreement - 12-23-2021UU\.iUVIYI I C.I IV~::au~,t:: IU. U\JC.OCU\.,( -Q.J£..)-'+'+::70·0u I ;,J-C.t11"'\JUJUU~UQ\., AGREEMENT CITY OF FRESNO, CALIFORNIA RECYCLED WATER SERVICES THIS AGREEMENT is made and entered into effective on December 23 , 20~1Y and between the CITY OF FRESNO, a California municipal corporation (City), and STATE CENTER COMMUNITY COLLEGE DISTRICT, a California municipal corporation, located at 600 East Church Avenue, Fresno, CA 93706 (Customer or RW User). RECITALS WHEREAS, the City's Disinfected Tertiary Treatment Facility produces recycled water of satisfactory quality for use consistent with Title 22 Recycled Water Criteria; and WHEREAS, the City possesses reclaimed groundwater wells (extraction well water) and will connect these wells to the recycled water system to add redundancy, capacity, and reliability to its recycled water system; and WHEREAS, recycled water and extraction well water used in compliance with the State's Recycled Water Policy, Title 22, Water Recycling Criteria, and other applicable state and federal water quality laws, is found by the State Water Resources Control Board (SWRCB) to be safe for approved uses and a safe alternative to potable water for non­ potable uses; and WHEREAS, the sale of recycled water to customers that can use the water for approved purposes will benefit wastewater ratepayers by raising additional revenue for the wastewater utility; and WHEREAS, recycled water is also a component of the City's Metropolitan Water Resources Management Plan, the long-range plan to develop a sustainable water supply portfolio; and WHEREAS, the City's long term plan is to develop the recycled water system to meet the increasing urban demand and offset potable uses; and WHEREAS, in order to prepare for the City's long-term plan to expand its recycled water service, the City desires to sell and deliver the recycled water on a voluntary basis until such time as the City is prepared to expand its recycled water service; and WHEREAS, the recycled water price will be lower than the rate for potable water in order to reflect the fair market value of recycled water and incentivize the Customer's voluntary purchase and use of recycled water; and WHEREAS, the Customer desires to purchase recycled water from the City for use consistent with Title 22 Recycled Water Criteria; and WHEREAS, in order to distribute recycled water, the SWRCB's Division of Drinking Water (DOW) requires development of Rules and Regulations with references to related ordinances, rule of services and User Agreements to ensure compliance with those rules; and WHEREAS, the City and the Customer will conserve potable water by using recycled water consistent with Title 22 Recycled Water Criteria; and -1- DPU-S RW User Agt 12-01-2021 WHEREAS the SWRCB, the City, and the Customer agree that the use of Recycled Water for beneficial non-potable uses is important to preserving surface water supplies and groundwater supplies in the region to avoid undesirable results; and WHEREAS, the Customer agrees that the City may include recycled water used by the Customer in annual groundwater extraction reporting, as specified in the Sustainable Groundwater Management Act; and WHEREAS, the Customer acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section Chapter 6, Article 9, Recycled Water Ordinance; and WHEREAS, this Agreement will be administered for the City by its Director of Public Utilities (Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises, hereinafter contained to be kept by the respective parties, it is mutually agreed as follows: 1. Term of Agreement. This Agreement shall be effective from the date first set forth above (Effective date) and shall continue in full force and effect through 17th day of December 2026, subject to any earlier termination in accordance with this Agreement. 2. Recycled Water Use Area. The Customer shall use recycled water supplied by the City for the following purposes landscape irrigation within the permitted use area. The location of the use area is described in the attached Exhibit A, submitted as part of the Customer's "Application for the Use of Recycled Water." The City understands that the Customer has the right to add or subtract from the total use area as operations plans dictate, provided that all potential use areas are disclosed in this Agreement. Customer and City may amend this Agreement to include permitted use areas other than those identified in Exhibit A as of the Effective Date set forth in Section 1. Any subsequent use areas will be subject to all applicable regulations concerning the use of Recycled Water and will be subject to the terms and conditions set forth in this Agreement. 3. City Ordinance. The Customer has read and agrees to the terms stated in Chapter 6, Article 9, Recycled Water Ordinance, of the Fresno Municipal Code , attached as Exhibit D and incorporated herein. 4. Rules and Regu lations. The Customer has read and agrees to the terms of the City's Recycled Water Use Rules and Regulations governing the use, distribution and transport of recycled water (City's Rules and Regulations), which are attached as Exhibit E and incorporated herein. 5. No Representation Regarding Water Service , Pressu re, or Volume for any Portion of the Recycled Water Pipeline. City does not make any representation, warranty or guarantee of any kind or nature and hereby specifically disclaims any kind of representation, warranty or guarantee that any portion of the recycled water system described or the recycled water system as a whole will yield water, or any -2- DPU-S RW User Agt 12-01-2021 L.1Ut;U,.:>1y11 CIIVt:IU~t: IU. uvcocuv,-o;..,,v-"'t"'t::J □-ou 1'-'-i=::JM..JV..JL.IUVUOV 6. 7 . specific volume of water, or provide any specific water pressure to Customer under static or demand scenarios or for any use by Customer and its tenants, lessees, purchasers, successors or assigns. Customer assumes full responsibility for the adequacy of volume of water and water pressure beyond the Point of Connection (POC) as defined in the City's Rules and Regulations. To ensure continuous availability of non-potable water sources for allowable uses, the City might provide extraction well water to supplement Recycled Water deliveries. Extraction well water is groundwater extracted from the area beneath the disposal ponds at the Fresno-Clovis Regional Wastewater Reclamation Facility. Extraction well water is equivalent to Title 22 Disinfected Tertiary Recycled Water. Maintenance and Repai r. The Customer shall be responsible for operation, maintenance, repair, and replacement of all portions of the recycled water system beyond the POC . Under no circumstances shall the City be required or accountable to maintain, repair or replace the Customer's recycled water system unless and until the City may, at its sole discretion and option, accept dedication of the water system, or any portion thereof in increments or otherwise, at some future date. The Customer's obligation to maintain, repair and replace its recycled water system shall include, without limitation, any operation and maintenance, repair, replacement or modification of the recycled water system as may be required by the City. Should the Customer fail to operate, maintain, repair and replace its portion of recycled water pipeline as needed for proper operation of the public portions of the recycled water pipeline, the City shall have the right, but not the obligation, to stop providing water. P riorities fo r De livery of Recycled Wa ter. (a) The City reserves the right to control and schedule recycled water distribution as necessary to maintain an acceptable working pressure; protect public health; construct, maintain and operate other City facilities; and manage availability of recycled water supply. (b) Delivery of recycled water may at times be precluded for reasons beyond the reasonable control of the City including, but not limited to insufficient recycled water supply, maintenance of the City's treatment or distribution systems, acts of a third party, or order of a regulatory agency. (c) If recycled water supply is interrupted for any reason, including but not limited to those outlined in (b ), first priority for recycled water service shall be given to potable water rate payers of the City to meet all anticipated municipal needs of the City. (d) If recycled water delivery is interrupted for more than 48 hours, the Customer may connect back to their original water supply subject to the terms of the Rules and Regulations (6.3 Conversion of Facilities). The Customer agrees to return to recycled water use as soon as the City is able to resume recycled water delivery. When applicable, the Customer is responsible for payment for the full cost of water used from the original supply, at rates specified in the Master Fee Schedule. Rece i pt and App li cat ion of Recycled Wa ter. 8 . DPU-S RW User Agt 12-01-2021 -3- UUl,;U.;:>1y1 I C.I IVt:IU..,t: IU. uvr::or::uv ,-o;JLV-'+"+~C-OU I ;;-r::~r\VUVUU~UOL, 9 . 10 . (a) The Customer agrees to use recycled water for uses stated in Exhibit A of this Agreement, the Customer's "Application for the Use of Recycled Water," except for portions of the use area where application of recycled water may be prohibited by any law, statute, rule, regulations or guidelines governing the use of recycled water. (b) The Customer understands that the City will inspect and assess the use area before the On-Site Recycled Water System is connected to the Distribution System. The City will indicate how the On-site Recycled Water System needs be designed in order to minimize/eliminate potential violations of the Rules and Regulations. Furthermore, the Customer understands that prior to execution of this Agreement, the Customer's On­ Site Recycled Water System must pass its Final On-Site Inspection by the City (Exhibit C). (c) The Customer agrees that any agreement it may have with a third party for the management of the use area shall not in any way relieve the Customer of the requirements, terms and conditions of this Agreement. The Customer shall be responsible to the City for the safe use of recycled water by the Customer and any third party. (d) The City shall not be liable for any damage related to the Customer's recycled water infrastructure, use, and distribution, including damage resulting from inadequate capacity, defective plumbing, broken or faulty services, or any conditions beyond the control of the City. Furthermore, the Customer accepts such conditions of pressure, as provided by the distribution system at the location of its service connection, and holds the City harmless from any and all liability, damage, losses, costs, fees or expenses, arising from low pressure or high pressure conditions, or from interruptions of service. (e) The Customer understands and accounts for the nutrient contribution of recycled water when irrigating crops, green spaces, freeway medians, parks, schoolyards and cemeteries. The Customer agrees that the City will not be liable for damage to vegetation resulting from the application of recycled water. Recycled Water Use Requi rements. The Customer agrees to abide by all use requirements identified in the City's Rules and Regulations, the Recycled Water Ordinance, California Code of Regulations Title 17 and 22 relating to the use of recycled water, and all laws, statutes or guidelines governing recycled water use. Approved uses of recycled water for the Customer's use area shall be limited to those described in Exhibit A of this Agreement and as specified in the Customer's "Application for the Use of Recycled Water". Users of recycled water shall also refrain from engaging in any prohibitions specified in General Order WQ 2016- 0068-R5004 for Recycled Water Use. Recycled Water Site Supervisor. The Customer shall designate an individual as its Recycled Water Site Supervisor (Site Supervisor), who shall be the Customer's coordinator and direct liaison with the City regarding recycled water matters. The Customer agrees that the Site Supervisor shall be responsible for all duties -4- DPU-S RW User Agt 12-01-2021 uuvu.:,1y1 I Cl IV~IUj.Jt: IU. UVCOCUL, ,-o;JLV-"'t"'t~O-OU I ;J-C::1MVUVUU::,uo\,,, identified in The City's Rules and Regulations. Each Site Supervisor shall attend a certification course provided by the City on the accepted uses and regulatory restrictions for the use of Recycled Water. The Site Supervisor is also responsible for training operators on recycled water in the Use Area. 11. On-Site Recycled Water System Modifications. The Customer understands and agrees that any modifications to its On-Site Recycled Water System, as defined in the Recycled Water Ordinance, must comply with the City's Rules and Regulations relating to recycled water and failure to do may result in termination of recycled water service. 12. Notification of Public. The Customer shall provide adequate notification, as required by the Division of Drinking Water (DOW), to employees and the general public that recycled water is being applied within the designated use area. 13. Record Drawi ngs. Upon completion of all modifications to the Customer's On-Site Recycled Water System and potable water system, the Customer shall provide the City with record drawings containing specific information as identified in Exhibit B of this agreement. 14. Recycled Water Price and Related Costs. Customer shall pay all service and connection costs related to the use of recycled water. Customer shall pay a recycled water price of $1 .75 per 1,000 gallons. Customer acknowledges that the recycled water price is fair and reasonable. Customer further acknowledges that it has no vested right in the above price and the recycled water price is subject to change. The City reserves the right to adopt a recycled water rate, which will be reflected in the Master Fee Schedule and will apply to all users of the City's recycled water system. Should the City adopt a recycled water rate, Customer will be subject to that rate and will execute an amendment to this recycled water user agreement reflecting the updated pricing. a. Connection Cost. Recycled Water customers will pay all actual costs associated with connection to the recycled water distribution system, including all time and materials, until such time as a charge is established in the Master Fee Schedule. a. Within 30 days of the Effective Date of this Agreement, Customer will pay a deposit in the amount of $5,268.85 to cover the costs associated with connection to the recycled water distribution system. Within 30 days after final on-site inspection and approval, Customer will be provided an invoice detailing the City 's actual time and cost for establishing the recycled water connection and Customer will be reimbursed or billed as necessary. 15 . Indemnification. To the furthest extent allowed by law, the Customer shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any tim e , and property damage) incurred by the City, the Customer or any \ other person, and from any and all claims, demands, liabilities, damages and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of the performance of this Agreement and the performance of any -5- DPU-S RW User Agt 12-01-2021 UU\.,UY1y11 CIIVt::IUfJC IU. U\.,COCU\.,/-O~L..J-"'t"'t::n:,-ou ·~-C::~l""\..JU..JUU;:1UO\., or all work to be done in and upon the street rights-of-way or within the Customer's property boundary, and premises adjacent thereto, pursuant to this Agreement, or arising or alleged to have arisen directly or indirectly in any way related to the construction, installation and operation of the recycled water supply pipeline or its appurtenances by anyone occupying any portion of the Customer's property including, without limitation, any such claims, causes of action, damages, liabilities, fees, costs, expenses, and attorney fees arising from water quality compliance, a lack of volume of water, inadequate fire flow, lack of water pressure in, from or delivered to the recycled water supply pipeline, or lack of flow capacity in the recycled water supply pipeline. The Customer's obligations under the preceding sentence shall apply regardless of whether the City or any of its officers, officials, boards, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of the City or any of its officers, officials, employees, agents, or volunteers. This section shall survive termination of this Agreement. 16. General Terms. (a) Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California, and venue for purposes of filing any action regarding the enforcement or interpretation of this Agreement shall be Fresno County, California. (b) Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. (c) Binding . Once all parties sign this Agreement, it shall be binding upon all parties and each parties' respective heirs, successors, lessees, sub lessees, assigns, transferees, agents, servants, employees, and representatives. (d) No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. (e) Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. 17 . Monitoring and Reporting. The Customer agrees to comply with the monitoring and reporting requirements as identified in the City's Rules and Regulations. 18 . Headings. The section headings in the Agreement are for convenience and -6- DPU-S RW User Agt 12-01-2021 L/Ul,;U..:>1y11 CIIVt:IUj.Jt::: IU. U\.,CO~L/\.,f-Q;JL.,J-"'t"'t::,c-ou l;J-C::7/"'\..JU..JUU::1UO\., reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 19 . Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made part of this Agreement. 20 . Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by phone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement. 21 . Attorney's Fees. If a party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its/their reasonable attorney's fees and legal expenses. 22. Term inat ion. The City may terminate this Agreement for convenience and immediately following any of the reasons listed in Section 13.2 of the City's Rules and Regulations. Upon any breach of this Agreement by the Customer, the City may (a) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (b) proceed by appropriate court action to enforce the terms of the Agreement and/or recover all direct, indirect, consequential, economic, and incidental damages for the breach of the Agreement. [Signatures follow on the next page.] -7- DPU-S RW User Agt 12-01-2021 UUliUY1y11 CIIVt:::IUIJt::: IU. U\..,COCUV/-0'-1"'-..J-"+"+::, □-ou l;J-C::,l"'\.,JU..JUU::,uov IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, STATE CENTER COMMUNITY COLLEGE A California municipal corporation DISTRICT A California municipal corporation By:[:ci:i:~~,l 12/22/2021 Ml Eft1X~0e8ARBAJAL Director Name: ch ri sti ne Mi ktari anDepartment of Public Utilities Date: 12;22;2021 Title: vice chancellor, operations (If corporation or LLC., Board Chair, Pres. or Vice Pres .) ATTEST: TODD STERMER, CMC By:------------­c·t Cl k 12/23/2021 Name:B~y c;:;;~ ------------ Be rRatfCa'Fe£'ri'~!i· Date Deputy Title : _____________ (If corporation or LLC. , CFO, Treasurer, Secretary or Assistant Secretary) No signature of City Attorney required. Standard Document REVIEWED BY : DPU-S RW User Agt 12-01-2021 has been used without modification, as ce rtifi ed b~ t he undersigned . 12/1/2021 setrag cherchianBy:~ C-...U. 121212021 r§~ER CARROLL Water Manager Addresses: CITY: RECYCLED WATER USER: City of Fresno STATE CENTER COMMUNITY Attention: SETRAG CHERCHIAN COLLEGE DISTRICT Wastewater Reclamation Coordinator Attention: CHRISTINE MIKTARIAN 5607 W. Jensen Avenue Vice Chancellor, Operations Fresno, CA 93706 1171 Fulton Street, Fresno, CA Phone: (559) 621-5363 Phone: (559) 243-7182 FAX: (559) 498-1700 FAX: N/A Attachments : -8- DPU-S RW User Agt 12-01-2021 UUliU~1y1 I Cl IVt::IUl,Jt:: IU. U\.,COC:U\., ( -O'-'"-V-&.fJ+::,"C-ou I ;J-C:::11"\VUVUU~UOV Exhibit A -Application for the Use of Recycled Water Exhibit B -Required Information for Record Drawings Exhibit C -Final On-Site Inspection and Approval Exhibit D -Recycled Water Ordinance Exhibit E -City's Recycled Water Use Rules and Regulations -9- DPU-S RW User Agt 12-01-2021 UULiUYIYI I Cl IYt:IUIJ~ IU . U\.,CQCU\.,/ -O.JLV-""t-""t-;:::,c-ou I ;J-C~:U•\JUJUU~UO\.,, EXHIBIT A APPLICATION FOR THE USE OF RECYCLED WATER, CITY OF FRESNO 1. Customer Name: 2. Mailing Address: 3. Use Area Property Manager: 4. Property Manager Email: 5. Property Manager Telephone number: 6. Name of Recycled Water Site Supervisor: 7. Recycled Water Site Supervisor Telephone number: 8. Use Area APN: 9. Present source of water supply for irrigation: □ Domestic Well □ Ag Well □ FID □ City of Fresno □ Other: 10. Number of Domestic Wells in the Use Area: 11. Number of Ag Wells in the Use Area: 12. Total Irrigated Area (Acres): 13. Peak Recycled Water Demand: GPM and □ GPD □ MGD 14. Existing Water Pressure at Connection Point: 15. Maximum Water Pressure of Irrigation System: 16. Method of irrigation: 17. Irrigation days during peak use: □ Sat □ Sun □ Mon □ Tue □ Wed □ Thu □ Fri 18. Watering window during peak use: 19. Irrigation Months: 20. □Jan □Feb □Mar □Apr □May □Jun □Jul □Aug □Sep □Oct □Nov □Dec 21. Type of plant material or crop present: 22. Type of Recycled Water use: □ Landscape Irrigation □ Agricultural Irrigation □ Impoundments □ Other: 23. Public access to the Use Area is: □ Unrestricted □ Restricted 24. Number of outdoor drinking fountains in the Use Area: 25. Number of outdoor eating areas in the Use Area: 26. Number of impoundments in the Use Area (if any, briefly describe): 27. If the Use Area is Dual Plumbed, what is the type of facility to be served? -10- DPU-S RW User Agt 12-01-2021 uuvuv1y11 CIIVt::IUl,Jt:: IU. U\.,COCU\..,/-O;J.C:,J-"'t"+:,c-ou I.J-l:::11""\VUJUU::1UOV □ Apartments/Condominiums □ Commercial □ Industrial □ Institutional/Governmental □ Single Family Residential 28. If dual plumbed use is for Single Family Residential, please complete the following: (A) Expected number of lots to be served upon subdivision completion: (8) Identify all common areas within the subdivision to be served with Recycled Water: (C) Recycled Water Application on Single Family lots: □ Frontyard D Backyard (D)Type of Backflow Prevention to be used on each lot: (E) Is there a back-up supply for irrigation water? □ Yes □ No If yes, what is the water source? 29. The following Recycled Water meter locations are associated with this Use Area and User Agreement: -11- DPU-S RW User Agt 12-01-2021 uuc...;uy1y11 t:IIVt::IUIJC::: ILJ . U\.,C.QC.U\.,/-0'"""'-..J-+~~o-ou 1;,.,-c:.:::11"'\..JU..JUU;:,uov For City of Fresno Use Only: 30. Check list of items required for obtaining Recycled Water service : □ The Customer and the City have determined that the Use Area is eligible to be served with Recycled Water. □ The Customer has submitted Exhibit A -Application for the Use of Recycled Water. Application received on: □ The City has reviewed the application. □ The City has completed a Use Area addendum to the Title 22 Engineering Report. Completion date: □ The Customer has signed a Recycled Water User Agreement. Date: DDW has approved the Use Area addendum. Approval date: Use□ Area addendum ID: □ The City documents Recycled Water Site Supervisor training. Training date: □ Initial Cross Connection test performed on: IZI Subsequent Cross Connection test due on : □ The Customer has constructed/retrofitted the On-Site Recycled Water System. Completed on: . Contractor name: □ The Customer has established a Recycled Water account with the City. Account number: □ The City has performed the final on-site inspection and approval, as specified in Exhibit C. Inspector Name: Inspection Date: □ The City initiates Recycled Water service. Date : □ The City has reimbursed the Customer for required improvements as recommended by the on-site assessment. □ The Customer has submitted "as-built" drawings (Record Drawings) to the City for record, including all remaining information requested by Exhibit 8. -12- DPU-S RW User Agt 12-01-2021 EXHIBIT B REQUIRED INFORMATION FOR RECORD DRAWING Customers shall submit draft Record Drawings during the process for obtaining Recycled Water service and then provide final as-built Record Drawings upon completion of all modifications to the On-Site Recycled Water System(s) and Potable Water System(s). Applicants shall submit drawings of each Use Area on 8 1 /2" x 11 ", 11" x 17" or 24" x 36" sheets of paper which shall include a signature line for the Department of Public Utilities approval. □ Location and vicinity map including surrounding land use and adjacent streets demarcating the Recycled Water Use Area. □ Specific Potable Water irrigation use areas (if applicable). □ Location of Potable Water main lines, ancillary lines, gate valves, controllers, drinking fountains, and supply facility. □ Location and size of Potable Water service connections. □ Location and size of existing and future Recycled Water service connections. □ Location of all On-Site Recycled Water System distribution lines, gate valves, master valves, pressure regulating valves, and other associated facilities. Exception: Although it may not be possible to show the location of all water pipelines for existing irrigation systems converting to Recycled Water, all locations where future Recycled Water piping must be separated from the Potable water piping must be clearly indicated on the plans. □ Location of any other piping network piping, gate valves, strainers, controllers, and supply facilities, specifically all backflow prevention devices for Potable Water systems. □ Where applicable, indicate that the separation between Potable and Recycled Water lines meets minimum requirements. Also show sleeving and other cross­ connection prevention measures where applicable. □ Areas of public access on the Use Area. □ Location of domestic wells on or within 50 ft. of the Use Area. □ Location of any lakes , ponds , reservoirs , or other impoundments located within the Use Area or within 100 feet of the Use Area, and indicate the type of water source. □ Location of Recycled Water signage on the Use Area. □ Location of foundations, buildings, structures, and public facilities with either Recycled or Potable Water service. Public facilities include , but are not limited to drinking fountains, outdoor eating areas, restrooms , snack bars, swimming pools , wading pools, decorative fountains and showers. Include the pipelines feeding all of these facilities. -13- DPU-S RW User Agt 12-01-2021 JUVU..::>1y1 I C:.I IVt::IUtJC::: IU. U\.,C:.OC:.U\.,f -O;JLV-"+"+~D-OU I ;J-C:.~l"\VUVUU~UOV □ Any other features known or that would objectively be considered important to the on-site use of Recycled Water. □ Depiction of any other applicable On-Site Recycled Water System components as required by the Rules and Regulations. □ Include the Standard Notes specified by the City. □ Construction details of any domestic well within 50 feet of the Use Area. -14- DPU-S RW User Agt 12-01-2021 EXHIBIT C FINAL ON-SITE INSPECTION AND APPROVAL 1. Customer Name: 2. Complete the following information for the Use Area: Use Area APN: Mailing Address: Requested date of service: Recycled Water service initiated on: Number of service connections: Specify the back-up water supply source: Has the Cross Connection Test been waived?1 □ Yes □ No Date of initial Cross Connection Test: Due date of subsequent Cross Connection Test: Briefly describe any upgrades to the Use Area: How many domestic wells are present within 50 ft. of the Use Area or within 100 ft. of any impoundment? Describe the level and method of backflow protection at the Use Area: Is Recycled Water signage displayed in visible and public areas? □ Yes □ No Special requirements and conditions: 1 Customers may request a waiver of the Cross Connection test if no potable water piping is present in the Use Area. -15- DPU-S RW User Agt 12-01-2021 3. Final Inspection by the City: I have inspected the On-Site Recycled Water System(s) governed by this User Agreement and attest that the construction and operation of this system are in accordance with the City's Rules and Regulations governing recycled water use. Inspector Name: Inspector Signature: _______________ Date: -16- DPU-S RW User Agt 12-01-2021 EXHIBIT D RECYCLED WATER ORDINANCE Please find the Recycled Water Ordinance, as may be amended from time to time, under Chapter 6, Article 9 of the Fresno Municipal Code, at: https://library.municode.com/ca/fresno/codes/code of ordinances?nodeld=MUCOFR CH 6MUSEUT ART9REWAOR -17- DPU-S RW User Agt 12-01-2021 EXHIBIT E CITY OF FRESNO RULES AND REGULATIONS OF RECYCLED WATER USE Please see the most current version of the City of Fresno's Rules and Regulations of Recycled Water Use, available online at: https://www. fres no. gov/pu bl icutllities/wp-content/u ploads/s ites/16/2020/03/Rules­ a nd-Reg u lations-of-Recycl ed-Water-Use. pdf .,. -18- DPU-S RW User Agt 12-01-2021