HomeMy WebLinkAbout4.09 DubBlWid DSRSDCITY CLERK FILE #600-40
AGENDA STATEMENT
CZTY COUNCZL MEETZNG DATE: April 16, 2002
SUBJECT:
Approval of Agreement with the Dublin San Ramon Services
District for Cooperation Concerning Dublin Boulevard Widening
Project and Construction and Acquisition of Recycled Water Line,
Fiber Optics Conduit and Adjustments to Various Appurtenances
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1) Resolution Approving Agreement
2) Agreement
RECOMMENDATION:~Adopt Resolution approving Agreement with DSRSD
FINANCIAL STATEMENT:
With the execution of this Agreement, DSRSD agrees to pay the
City of Dublin the sum of all costs involved in the construction of a
recycled water line, fiber optics conduit, and adjustments to various
valves, meters, hydrants and other appurtenances. These costs
include the bid items approved and accepted for DSRSD's project,
direct consulting engineering cost associated with the District's
project plus costs specified in change orders, quantity changes and
other modifications pertaining to DSRSD's project, plus an amount
equal to 7.5% of the sum of the foregoing costs for the City's
overhead, management, and administration of DSRSD's project.
DESCRIPTION: The Dublin San Ramon Services District has requested that the
City incorporate the installation of DSRSD's recycled water line, fiber optics conduit and adjustments
to various valves, meters, hydrants and other appurtenances in the City's Dublin Boulevard Widening
project between Village Parkway and Sierra Court. The objective of DSRSD's request was to minimize
construction impacts on the citizens of Dublin and to avoid DSRSD construCtion in a neW City street.
Staff concurred that combining the two projects will result in cost savings, will reduce inconvenience
to the public and will avoid excavating a new street.
As part of the agreement between the City of Dublin and DSRSD, the City will be reimbursed for all of
the costs associated with the installation of DSRSD's facilities plus an amount equal to 7.5% of the total
cost of DSRSD's pipeline to offset Dublin's additional cost for administering the project.
COPIES TO:
g:hniscproj~DBW VP to Sierra\Utilities\agst DSRSD coop agmt.doc
Dublin San Ramon Services District
ITEM NO.
Staff recommends that the City Council adopt the resolution approving the cooperative agreement with
DSRSD concerning the Dublin Boulevard Widening Project and the construction and acquisition of a
DSRSD recycled water line, fiber optics conduit and adjustments to various valves, meters, hydrants and
other appurtenances.
-2-
RESOLUTION NO. - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH THE DUBLIN SAN RAMON SERVICES DISTRICT FOR
COOPERATION CONCERNING DUBLIN BOULEVARD WIDENING PROJECT AND
CONSTRUCTION AND ACQUISITION OF RECYCLED WATER LINE, FIBER OPTICS
CONDUIT AND ADJUSTMENTS TO VARIOUS APPURTENANCES
WHEREAS, the City of Dublin plans to widen Dublin Boulevard between Village Parkway and
Sierra Court beginning in Spring 2002; and
WHEREAS, the Dublin San Ramon Services District (DSRSD) also plans to install a recycled
water line within the limits of the City project, fiber optics conduit and adjustments to various valves,
meters, hydrants and other appurtenances; and
WHEREAS, DSRSD has requested that the City incorporate the installation of DSRSD's facilities
in the Dublin Boulevard widening project to minimize construction impacts on the citizens of Dublin and
to avoid utility installation in a new City street; and
WHEREAS, the City of Dublin concurs that combining the two projects will result in cost savings,
will reduce inconvenience to the public, and will avoid construction in a new street.
NOW, THEREFORE, BE IT RESOLVED that the, City Council of the City of Dublin approves
the agreement with DSRSD for cooperation concerning Dublin Boulevard widening project and
construction and acquisition of a recycled water line, fiber optics conduit and adjustments to various
valves, meters, hydrants and other appurtenances.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 16th day of April, 2002.
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g:miscproj\DBW VP to SierraLProjectLReso DSRSD Coop Agmt 4-16-02
COOPERATIVE AGREEMENT CONCERNING
DUBLIN BOULEVARD WIDENING PROJECT AND
CONSTRUCTION AND ACQUISITION OF RECYCLED WATER LINE, FIBER OPTICS
CONDUIT AND ADJUSTMENTS TO VARIOUS VALVES, METERS, HYDRANTS AND
OTHER APPURTENANCES
(CITY OF DUBLIN)
This Agreement, entered into this day of ,'2002, by
and between the Dublin San Ramon Services District, a public agency located in the
Counties of Alameda and Contra Costa, California ("District"), and the City of Dublin,
California, a municipal corporation of the state of California ("City");
WlTNESSEYH:
WHEREAS, City proposes to construct certain public improvements generally
described as the "Dublin Boulevard Widening Village Parkway to East of Sierra
Court" project ("City's Project"); and
WHEREAS, District requires the installation and construction of the following:
A) 4-inch diameter recycled water pipeline extending approximately one thousand
five hundred feet,'
B) 4-inch empty conduit to house fiber optics cable as part of the City's joint utility
trench extending approximately one thousand eight hundred feet, plus
associated pull boxes,
C) Adjustments to various valves, meters, hydrants and other appurtenances as
needed which work ("District's Project")is included in, and listed as various bid.
items in the 'construction contract itemization of work for City's Project; and
WHEREAS, City plans to solicit bids for City's Project which bids will be obtained
advertisement therefor in accordance with public bidding requirements
following
, , ACHMENT 2__ .....
H:\Board\Draft~AGR EE\Ooop Agmt with Dublin,doc 1
applicable to the City, which requirements satisfy District's public construction contract
bidding requirements; and
WHEREAS, construction of District's Project in conjunction with City's Project will
reSult in cost savings and avoid inconvenience to the public; and
WHEREAS, the parties desire to provide for the combined construction of the
City's Project and the District's Project and provide for reimbursement to City for costs
incurred related to construction of District's Project;
NOW, THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS:
1. Proiect Construction.
(a) Bid Review. The parties acknowledge that City prepared contract
documents (the "Contract Documents") inclUding, but not limited to, plans and
specifications for the construction of City's Project (excluding District's Project) and that
District prepared specifications and plans for District's Project that will be included in the
Contract Documents. The Contract Documents will include District's P~:oject as
discrete ("line") items for bidding purposes. These items will include specific bid items in
the contract bid list, and, in addition, will include the District's pro rata share of the
trenching cost Calculated pursuant to Form B of utility joint trench. Between City and
District, City shall be solely responsible (and District shall not be responsible) for the
specifications and plans prepared by. City including, without limitation, the accuracy and
completeness of such specifications and plans, and, between the City and District,
District shall be solely responsible (and City shall not be responsible) for the
specifications and plans prepared by District including, without limitation, responsibility
for the accuracy and completeness of such specifications and plans.
H:\Board\Draft~AGREE~Coop Agmt with Dublin.doc 2
Upon approval by District of that portion of the contract Documents pertaining to
District's Project, City shall advertise for bids for the construction of City's Project
(including the District's Project) in accordance with public construction contract bidding
requirements pertaining to City. Upon openi~ng of the bids for the construction of City's
Project (including the District's Project), City shall provide copies thereof to District.
On or before the expiration of ten (10) calendar days from receipt of the bids
opened by City for the City's Project (including the District's Project), District shall
review the line-item bids for District's Project and shall advise City in writing either of
District's questions or concerns, if any, regarding the responsiveness or qualification of
the apparent Iow bidder in relation to the District's Project or that the District has no
responsiveness or qualification questions or concerns regarding the responsiveness or
qualification of the apparent Iow bidder. If the District has responsiveness or
qualification concerns regarding the apparent Iow bidder in relation to the District's
Project, the City will cooperate with the District to determine the responsiveness and
qualification of the apparent loTM bidder in light of such concerns and in accordance with
applicable law.
The District and City understand and agree that, in accordance with applicable
law, and subject to appropriate cooperation in the mutual interest of the District and City
and to the terms of this Agreement, the City shall have sole, ultimate authority for letting
and administering the City's .Project (including the District's Project) including, without
limitation, the authority to determine: the responsiveness of bids and qualification of
bidders for the City's Project (in. cluding the District's Project), whether and to whom to
H:\Board\Draft\AGREE\Coop Agmt with Dublin:doc 3
award the City's Project (including the DistriCt's Project), and 'whether and how to
enforce the City's rights under the Contract Documents and applicable law.
District reserves the right to eliminate the recycled water pipeline, which shall be
accomplished by change order. Such notification of elimination shall be provided by
District to City as soon as practical. In case District decides to eliminate the recycled
water pipeline and i.n doing so causes the City to incur additional cost for eliminating the
recycled water pipeline from City's Project, then District shall bear all the cost directly
associated with this change order ir)cluding, but not limited to, the direct Consulting
engineering cost associated with the District's Project in the amount not to exceed
$15,000, the contractor's claim for lost profits that would have been earned on the
installation of the recycled water pipeline, design changes required to delete the
recycled water pipeline; and the administrative costs of processing the change order to
delete the recycled water pipeline.. Notwithstanding the foregoing, the District shall not
be required to bear the difference between the amount of the contract (between the'City
and the contractor to whom it h'as awarded the contract) after the change order deleting
the recycled water pipeline and the amount set forth in any other bid for all items other
than the recycled water, pipeline.
(b) Construction. If City's City Council accepts the aforesaid bid for City's
Project (including District's Project), City shall proceed with the construction of City's
Project (including District's Project) pursuant to the Contract Documents. Any and all
change orders for, or other modifications to, District's Project shall, be subject to
District's prio~ written approval in the manner set forth in this Agreement, irrespective of
H:\Board\DraftkAGREE\Coop Agmt with Dublin,doc 4
whether such construction proceeds under this paragraph or the next following
paragraph of this paragraph l(b).
If City's City Council does not accept the aforesaid bid for City's Project
(including District's Project), or the aforesaid apparent lowest responsible bidder does
not enter into the contract with City for the construction of said Projects after
acceptance of its bid, the parties shall meet and confer regarding acceptance of the bid
of the next apparent lowest responsible bidder. If District approves and authorizes
acceptance of the bid of said next apparent lowest responsible bidder With respect to
District's Project and City accepts said bid for-the construction of City's Project
(including District's Project), City shall proceed with the constrUction of said Projects.
(c) Inspection/Testinq. During the course of construction of City's Project
(including District's Project) District shall, inspect, or provide for the inspection of,
District's Project. Upon completion of the construction of District's Project, District shall
provide for the testing thereof. District shall be solely responsible for inspection and/or
testing of District's Project, and hereby relieves City of all responsibility therefor. City
shall be soleiy responsible for inspection and/or testing of City's Project (excluding
District's Project) and hereby relieves District of ail responsibility therefor. City hereby
authorizes District or District's contractor(s), or other representative(s) to enter upon
and temporar, ily occupy the area encompassed by City's Project (including District's
Project) for the foregoing' purposes. District shall use its best efforts to avoid
interference with the construction of City's Project (including District's Project) in
carrying out the inspection and testing of District's Project. District shall be responsible
for delays in construction of City's Project, and City shall be responsible for delays in
H:\Board\Draft~AGREE\Coop Agmt with Dubli n.doc 5
construction of District's Project, to the extent such delays result from inspection,
testing, or other activities of District or City, respectively.
(d) Acceptance. Within thirty (30) days of completion of construction of District's
Project and approval by District's Engineer of the results of the testing thereof, District
shall notify City in writing of District's intended recommendation concerning acceptance
or rejection of District's Project.
upon Final CIoseout of City's
If DistriCt recommends acceptance of-District's Project,
Project (hereinafter defined), District shall acquire
District's Project as hereinafter provided. "Final Closeout of City's Project" means City's
acceptance of City's Project (including District's Project) as complete in accordance with
the Contract Documents and applicable law, recordation of a Notice of Completion and
subsequent release of ~final payment and retention (or securities in lieu of retention) for
said Projects.
If
amounts
District accepts District's Project with reservation of all rights to dispute
claimed by said contractor concerning District's Project [excluding City's
Project] (collectively, "Disputed Claims")', at District's request and to the extent permitted
by law, City shall assign to District all rights of City under the Contract Documents, or
otherwise accruing to City to contest said Disputed Claims. Thereupon, District. shall
sol.ely be responsible for resolution or other satisfaction of said Disputed Claims,
including, without limitation, resolution by litigation.
If District's Engineer recommends rejection District's Project, in whole or in part,
based upon nonconformance thereof with the Contract Documents or otherwise based
upon defects in construction, City shall, at the request of, and in cooperation with
District, cause City's contractor to reconstruct or otherwise rectify the construction of
H:\Board~Draft'~AGREE\Coop Agmt with Dublin.doc 6
District's Project, or otherwise enforce City's rights and/or remedies under the Contract
Documents and applicable law to meet the requirements of the Contract Documents
concerning District's Project and otherwise to protect the interests, of District.
Notwithstanding any'contrary provision in this Agreement, City shall have no obligation
to act to enforce any of City's rights and/or remedies under the Contract Documents
and applicable law regarding District's Project unleSs and until a District official
authorized to. bind District requests such action in a signed writing which obligates
District to bear all costs of City reasonably incurred in such action ("Costs of
Enforcement").
(e) Acquisition of District's Proiect. Upon acceptance of District's Project by
District's Engineer and payment, of the remaining Costs of Construction in accordance
with the provisions of Paragraph 2(b) hereof, and Final Closeout of City's Project, and
payment by District to City of the Costs of Enforcement, if any, in accordar~ce with the
provisions of Paragraph l(d) of this Agreement, City shall convey title of District's
Project to, or confirm vesting ef title in, District by a resolution duly adopted by City's
City Council or other document approved as to form by District's counsel. District's
Project shall thereafter be operated and maintained by DistriCt and 'shall become
merged with' and be a part of District's distribution facilities.
2. Costs of Construction/Reimbursement.
(a) Costs of Construction. "Cost of Construction" as used in this Agreement
means the line item bids approved and accepted for District's Project (included in the
bid of the lowest responsible bidder for City's Project accepted by City) and in addition
the following:
H:\Board\Draft~AGREE\Coop Agmt with Dublin.doc 7
(i) costs specified rill change orders or other modifications pertaining to
District's Project as approved by District;
(ii) an. amount equal to seven and one-half percent (7 ~/2%) of the sum of the
foregoing costs for City's overhead, management, and administration
pertaining to District's Project; and
(iii) Direct consulting engineering cost associated with the District's Project in
the amount not to exceed $15,000.
The parties acknowledge and agree that the foregoing amounts, with reference to the
bid of the .apparent lowest responsible bidder will be calculated after acceptance of the
bid by the City.
City shall, upon request by District, verify all such costs by originals or copies of
invoices, canceled checks, or other accounting records made, received, or maintained
by City relating tO District's Project. Without limitation upon the foregoing, City shall,
upon District's request, provide DistriCt access to, .or true copies of, any and all other
accounting records, invoices, canceled checks, or other documents pertaining to costs
and expenses associated with District's Project.
(b) Reimbursement. District shall pay City for the Costs of Construction within
thirty (30) days of receipt of City's invoices (based on progress.payments) for t.he actual
Costs of Construction incurred for District's Project. City's invoices shall be itemized by.
bid item and include Administrative Costs for the period to which each invoice pertains.
City shall submit invoices to District not more often than monthly. Irrespective of
whether the successful biddedcontractor for City's Project (including District's Project)
elects to post securities in lieu of retention pursuant to California Public Contract Code
H:\Board\Draft~AGREE\Coop Agmt with Dublin.doc 8
Section 22300, District shall pay City the full amount of the Costs of Construction billed
by City., and shall not deduct applicable retention amounts, if any.
3. Insurance. City and District, each to the other, acknoWledge, covenant and
warrant that they maintain or otherwise provide, for public liability, Worker's
Compensation, Property and Builder's Risk insurance coverage for their respective
governmental operations and that said insurance adequately covers their reasonably
foreseeable respective risks under this Agreement. District has reviewed and approved
the insurance requirements contained in .the Contract Documents apPlicable to the
successful bidder for City's Project (including District's Project). Without limitation upon
other obligations of City hereunder, City warrants and covenants that it shall administer
and enforce the insurance provisions of the Contract Documents and protect District's
interests thereunder, including obtaining a policy endorsement confirming that the
District is a named insured under the automobile and general liability policies.
4. Indemnification. City shall defend, .indemnify, and hold harmless District, its.'
Board of Directors, officers, employees, and agents (collectively, "District Indemnitees")
from and against any and all claims, demands, suits, actions, liability, losses, damages,
expenses., and costs, including attorney's fees and costs of suit (collectively, "Claims")
for personal injury, including death, and for damages to property, including loss of use
thereof, patent infringement, and violation of copyrights,, resulting, or alleged to have
reSulted, in any manner, directly or indirectly, from the specifications or plans prepared
by City that describe City's Project (excluding District's Project) which.are included in
the Contract Documents, from City's inspection, testing, failure to adequately inspect or
test, use, maintain, or failure to maintain City's Project_(excluding District's'Project), or
H:\Board\Draft~AGREE\Coop Agmt with Dublin.doc 9
from the negligence of, or any intentional or willful tortious act or omission to act by, City
hereunder, including any claims, demands, suits, actions, liability, losses, damages,
expenses, and costs, including attorney's fees and costs of suit, if any, relating to the
City's failure to record a 'Notice of Completion or Notice of Cessation prior to releasing
the final payment and retention. City's duty to indemnify under this paragraph 4 shall
include the duty to defend as set forth in Section 2778 of the California Civil Code;
p(ov'ided, however, that nothing herein shall be construed to require indemnification in
contravention of Section 2782 of said Code, nor shall City and/or City's contractor(s) be
required to indemnify District for the sole or active negligence, or willful misconduct of
District.
Distdct shall defend, indemnify, and hold harmless City, its City Council, officers,
employees, and agents (collectively, "City indemnitees") from and against any and all
Claims for personal injury, including death, and for damages to property, including loss
of use thereof, patent infringement and-violation of copyrights, resulting, or alleged to
have resulted, in any manner, directly or indirectly, from the specifications or plans
prepared-by District, if any, that describe District's Project which are 'included in the
Contract Documents, from District's inspection, testing, failure' to adequately inspect or
test, use, maintain, or failure to maintain District's-Project (excluding City'§ Project) or
from the negligence of, or any intentional or willful tortious act or omission to act by,.
District hereunder. District's duty to indemnify under this paragraph 4 shall include the
duty to defend as set forth in Section 2778 of the California Civil Code; provided, that
nothing herein shall be construed to require indemnification in contravention of Section.
H:\Board\DraftkAGREE\Coop Agmt with Dublin.doc 10
2782 of said Code, nor shall District be required to indemnify City for the sole or active
negligence or willful misconduct of City.
5. Use of Conduit. Any. conduit for fiber optic cable installed in the right of way
by DSRSD pursuant to this Agreement shall be used by DSRSD only ancillary to its
water, wastewater, and recycled water system. DSRSD acknowledges that the use of
the conduit by any other person or entity 'is Prohibited, without the approval of the City
of Dublin.
6. Notices. Any notice required, or convenient to the performance, hereunder,
shall be'in writing and may be given to the parties by personal delivery, or by mail (first
class or equivalent), postage prepaid, addressed in the case of District as follows:
Dublin San Ramon Services District
7051 Dublin Boulevard
Dublin, CA 94568
Attn: General Manager
and in the case of City, as follows:
City of DQblin
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager-
All writings, notices or communications shall be deemed to be served and shall be
deemed to be made within five (5) days of the date of mailing of the writing, notice or
communication. All writings, notices and communications shall be addressed and
directed as set forth in this paragraph. Any change of address by any party must be
made by giving written notice of the change tO the parties within five (5) days of said
change and in .the manner as stated herein.
H:\Board\Draft'C, GREE\Coop Agmt with Dublin.doc 1 1
7. ModifiCations. This Agreement may 0nly be modified by written amendment
or supplement approved and executed by the parties in the same manner as this
Agreement.
8. Term and Termination,. This Agreement shall be effective on the date first set
forth hereinabove'and shall expire upon the Final Closeout of City's Project, except that
the provisions of section 4, Indemnification, shal.I survive said expiration.
9. Paraqraph Headings.
herein are for convenience only,
Paragraph and subparagraph headings as used
and shall not be deemed to alter or amend the
provisions Of the paragraph or subparagraph headed thereby.
10. 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.
11. No Representations. Each party to this Agreement ackno.wledges ~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.
12. 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
continue in full force without being impaired or invalidated in any way.
13. Legal Advise. Legal counsel for all parties has reviewed this Agreement, and
no presumption or rule that ambiguities shall be construed against the drafting party
shall apply to the interpretation or enforcement of this Agreement.
H:\Board\Draft~AGREE\Coop Agmt with Dublin.doc 12
14. 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, i.n addition to any other relief that may
be granted, a reasonable.amoUnt of attorney's fees, costs, and exper~ses incurred in
the action or the proceeding.
.- 15. 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.
16. 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 shall notify the other party in writing of the nature of said
dispute and request a meeting to. confer regarding the resolution thereof. Said parties
shall meet and confer within ten (10) days of the date of said not~ce of dispute and shall
endeavor in good faith to resolve said dispute by agreement or may provide, by written
agreement, for said dispute to be resolved through'mediation or binding arbit~:atJan, If
such agreement, or resoiution through mediation, cannot be achieved, then the parties
may enforce their respective rights, as they shall determine.
17. Amendments;' Supplemental Aqreements. This Agreement' may be
amended or supplemented by agreements of the parties approved and executed in the
same manner as the original agreement.
H:\Board\Draft',AGREE\Coop Agmt with Dublin.doc 13
18. Execution in. Counterparts. This Agreement may be executed and delivered
in counterparts, each of which shall be an original and all of which shall constitute one
and the same instrument.
H:\Board\Draft\AGREE',Coop Agmt with Dublin.doc 14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first hereinabove written.
DUBLIN SAN RAMON SERVICES DISTRICT,
a public agency of the State of California
By: ~¢~'sident, BoarC/of(~rectors '"
ATTEST:
CITY OF DUBLIN, a municipal corporation of
the State of California
By:
Mayor, City of Dublin
ATTEST:
City Clerk
H:\Board\DraftkAGREE\Coop Agmt with Dublin.doc 15