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Home My WebLink About4.02 UtilityRelocI-580Fall CITY CLERK File # D[f)[O]IO]-[3JQ] AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 19. 2005 SUBJECT: Approval of the Utility Relocation Agreement with Sprint Communications Company for the I-580/Fal1on Road Interchange Improvement Project Report Prepared by: Melissa Morton, Public Works Director A TT ACHMENTS: Resolution, together with Exhibit A, Utility Relocation Agreement ~ Adopt resolution approving the Utility Relocation Agreement with Sprint Communications Company for the I-580/Fallon Road Interchange Improvement Project. RECOMMENDATION: ~ Under this agreement, the City agrees to pay all direct and indirect costs incurred by Sprint in relocating its utility, which is estimated at $51,359. The Lin Family has agreed to advance the monies to fund the Sprint utility relocation as part of project construction. FINANCIAL STATEMENT: DESCRIPTION: Design work is currently underway for the I-580/Fallon Road Interchange Improvement Project. The proposed widening of Fallon Road immediately north of the interchange would require relocation of severa] utiJities, including those of Sprint Communications Company (Sprint). Sprint would be required to remove approximately 500 feet of fiber optie conduit located along the northwest comer of the interchange and relocate it within a new Public Service Easement west of Fal10n Road. Thc Lin Family has granted the City the required easement for public servIces. The fiber optic cable relocation work is estimated at $51,359 and will be included in the construction cost of the project. Under the proposed agreement with Sprint, the City agrees to pay for all direct and indirect costs incurred in relocating Sprint's utility. Staff recommends that the City Council adopt the resolution approving the Utility Relocation Agreemcnt with Sprint Communications Company for the I-580/Fallon Road Interchange Improvement Project. - - - --- - - - - - - - - -- - -...... -- - - - -... --............ ---... - - -................ - - - -- - - - --..... - -......- COPIES TO: Sprint Communications Company \af\ Uw I) ITEMNO.~ G:\MISCPROJ\I~5g0 Fanon Rd\agst Sprint Utility Relocation Agrccrncnt.doc v \OOì RESOLUTION NO. - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN .******** APPROVING UTILITY RELOCATION AGREEMENT WITH SPRINT COMMUNICATIONS COMPANY FOR THE I-580/FALLON ROAD INTERCHANGE IMPROVEMENT PROJECT WHEREAS, the City of Dublin plans to improve the Interstate 580/Fallon Road freeway interchange to mitigate the DubJin Ranch arca development; and WHEREAS, the City's Staff and consultant have been working on the design and environmental documentation of the 1-580/Fallon Road Interchange Improvement Project; and WHEREAS, the proposed widening of Fallon Road immediately north of the interchange would require the relocation of approximately 500 feet of fiber optic conduit locatcd along the northwest comer of the interchange; and WHEREAS, it is necessary for a UtiJity Relocation Agreement to be approved with the Sprint Communications Company to reimburse all of its actual costs, both direct and indirect; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Utility Relocation Agrecmcnt with Sprint Communications Company for the I-5801Fal1on Road Interchange Improvement Project. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agrccment, attached hercto as Exhibit "A." PASSED, APPROVED AND ADOPTED this 19th day of April, 2005. AYES; NOES: ABSENT: ABSTAIN; Mayor ATTEST: City Clerk g:TTliscproj\I-580-FaIlQI1 RQ:ad\Roso Sprint Utílity {~location Agmt 4-"'Z.. 4-q-05 UTILITY RELOCATION AGREEMENT "'Z.. Db ì THIS UTILITY RELOCATION AGlŒEMENT ("Agreement") is made and entered into and effective this _ day of _.__.. _....____~, 2005, by and betwcen Sprint Communications Company L.P. (hereinafter referred to as "Sprint"), whose mailing addrcss is 6391 Sprint Parkway, Overland Park, Kansas 66251 ·2040, Mail Stop: KSOPHTO 10 I-Z2040 and the City of Dublin, California (hereinafter referred to as "City") whosc mailing address is 100 Civic Plaza, Dublin, CA 94568. WITNESSETH: WHEREAS, City desires to improve the fteeway interchange at Interstate 580 and Fallon RoadlEI Charro Road ("Project"), located in the County of Alameda and Sprint owns fiber optic cable within the construction limits of the Project, and WHEREAS, as a result of the construction for the Project, it is necessary tor Sprint to removc and replace approximately 500 feet of fiber optic conduit, in accordance with, and as more particularly described, in the attached Exhibits A (Scope of Work) and B (Cost Estimate), and incorporated herein; and, WHEREAS, Sprint, under the terms hereinafter stated, is willing to protect/relocate it. fiber optic cable within the I1mits of a public service easement shown in Exhibit C, and to accommodate City's work provided City reimhurses Sprint for all of its actual costs, both direct and indirect, in making .uch modifications. NOW, TI-IER1JFORE, in con.ideration of the promises and mutual covenant. hcrcin contained, Sprint hereby agrees to perform the necessary protection/instaIlation work in accordance with the attached Exbibits A and B subject to the following terms and provisions: L City agrees that Exhibit A represents the Scope of Work requested of Sprint. 2. City shall, at its own expen,¥¡ in,pect any construction by Sprint hereunder, to assure itself that Sprint work i, being performëd in compliance witb the needs of City. 3. City agrees to pay all direct and indirect costs incurred by Sprint and relating to the above referenced protection/relocation work; including, but not limited to, labor materials, construction¡ damages~ administrative overhead, engineering review work, taxes and legal fees. It is understood and agreed that City wiIl not pay for betterment or increase in capacity of Sprint's facilities in the new location and that Sprint shaIl give credit for accrued depreciation on the replaced facilities and for the salvagc value of any material or parts salvaged and retained or sold by Sprint. 4. The total cost oftbe fibcr opnc cable work is estimated to be Fifty One Thousand Three Hundred Fifty Nine Donars and no cents ($51,359_00) (Exhibit B). Final actual costs may be more or less than sucb estimate, which ,han not be construcd as a limitation of cost. for suèh project. Sprint shan promptly notify the City if the final actual co.ts will exceed the foregoing by more than fifteen percent (15%). City sban not pay finat bill, that excoed thc ~stimated cost of thi, ab"eement without documentation of the reason for th~ increased cost from SprÎnt 5_ Within a reasonable period of time after Sprint pays an of the invoices associated with the Project and the as-built drawings are complete, Sprint shall furnish an accounting of final actual costs in the form of an itemized statemenr of the total costs charged to the project and provide City an invoice of the same. City shall pay the full amount of such invoice within thirty (30) days after receipt subject to the requirements of Section 4 rdating to costs in eXÇess of the cost estirnatc=. 6. City and Sprint mutually agree that all operanons and work performed by City above or adjacent to the fiber optic cable location shan be performed in a workmanlike and safe manner and in confonnance witb all applicable industry standards and government regulations, and in accordance with any restrictions and conditions that may be imposed by Sprint ftom time to time. No work .hall be performed within the existing right of way by City until the fiber optic cable modification has been completed. EXHIBIT A -60 f::k ~e.so/ u..ÓOI1 3~ 7. Exclusive of Saturday, Sunday and legal holidays, notice shall be given to Sprint by City, alleast 48 hours in advance of conllnencement of any work on or adjacent to the tiber optic cable. Said notice shall be given to Sprint at telephone number 1-800-521-0579. 8.. Insofar as it legally may City a¡,'rees to indemnify and hold harmless Sprint, its officers directors, agents and employees from all loss, claims, liability and costs incurred by Sprint, including, without limitation, losses resulting from claims for damages to property or injuries to or death of persons, judgments, court costs and attorney's fees, which aTise out of or arc claimed to have arisen out of the acts or omissions of City, its contractors~ agents, or employees with rcspect to the Project! including the construction, maintenance, presence on the right of way, or other operations or activities of City directly related to the Project. It is understood and agreed that neither City nor any officer or employee thereof is responsible for any damage or liability occurriug by reason of anything done or omitted to be done by Sprint under or in connection with any work, authority, or jurisdiction delegated to Sprint under this agreement. Sprint shan defend, indemnify and save harmless City and all its officers and employees from an claims, ,uits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by Sprint under or in connection with any work, authority or jlllisdiction delegated to Sprint under this agreement. 9.. It is understood by the parties hereto that Sprint agrees to relocate its fiber optic eahle within the limits of a public seIVice easement shown in Exhibit C and agrees to quit claim and abandon any right, title or interest it may have in the land owned by the City shown in Exhibit D, al no additional cost. Provided that the City has given Sprint adequate written documentation of Sprint's property rights in the Public Easement, upon completion of the utility relocation work, tile City shall prepare the necessary Quit Claim document for signatllle of both parties and record such document with the Alameda County Recorder's Office 10. This Agreement superscdes CVL'TY antecedent or concurrent oral and/or v.rritten declaration and/or understandiug pertaining to the tIber optic cable modification work by and between Sprint and City. If City's pr~ject that precipitated this agreement is canceled or modified so as to eliminate the necessity of work by the City, City wil1 notify Sprint in writing and City reseIVes the right to terminate thi, A!,'reement by Amendment, subject to reimhursement of costs incurred by Sprint in cOlmection with this Ab'I"Cement through the date of te/JUinaTion. II. The terms of this Agreement shall be binding and inure to the benefits of lhe parties hereto and their successors and assigns. 12. Notwithstanding anything to the contrary contained herein, Sprint will not be required to perform any cable modification work contemplated by this Agreement dllling the period of November 15th of any year through January 2nd of the t(,Uowing year. IN WITNESS WHEREOF, the parties have caused these presents to be exeeuted by their proper oŒcials thereunto duly authorized as of the dates below indicated. CITY OF DUBLIN, CALIFORNIA SPRINT COMMUNICATIONS COMPANY L.P. BY: BY: JANET LOCKHART TITLE: MAYOR TITLE: DATE: DATE: WITNESS: WITNESS: 2 L16bl EXHIBIT A SCOPE OF WORK STATEMENT OF WORK Project No. 92760518 Conduit System and Cable Relocation Fallon Road, Dublin CA October 19, 2004 The Work described in this Statement of Work well be placing approximately 427' of 1 '2" conduit, 230' of 2'2" conduits. Place 3" steel Over existing box culvert. Place 2-3X5 intercept pull boxes and one standard 3X5 pull box. Place additional grade rings to pull boxes to meet proposed finish grade. Place approximately 1100' of 24 fiber cable. After the splice, remove one pull box and approximately 750' of old cable. Scope of Work The Work to be performed by the Contractor shall be in accordance with the "Terms and Conditions" of the Contract Documents, Sprint Specifications for Construction, Installation, and Splicing of Fiber Optic Cable, and will include, but not limited to, the following: Permanent underground cable Installation Trench and place approximately 70' of 1-2" HDPE Conduit ( place 3" steel with HDPE over existing box culvert) Bore and place approximately 350' of 1-2" Schedule 40 PVC Conduit or 2" ID controlled HDPE conduit. Bore and place approximately 230' of 2-2" Schedule 40 PVC Conduits or 2" ID controlled HDPE conduit. Excavate and place two 3X5 intercept pull boxes with traffic rated hinged lids and one standard 3X5 pull box with traffic rated hinged lid. (Additional grade rings may be required). Prove all ducts and place pull rope. Pull approximately 1100' of 24 fiber cable. After the splicing of the new cable, remove approx. 750' of old cable and dispose of properly. Remove one old pull box and dispose of properly. Place 3 marker posts as directed by the Sprint Engineer/lnspector. Restore all areas affected by construction activities, back to original condition or better. EXHIBIT A. .fg ~ A.9~rutI- Splicing No splicing is required under this contract CONTACTS USA CITY OF DUBLIN FERDINAND DEL ROSARIO SPRINT OPERATIONS SUPERVISOR PRINCIPAL PROJECT ENG. CABLE PRIJECT ENGINEER ~6bì 800-227-2600 925-833-6630 MIKE STEWART JOHN MARCHUK SERF GARCIA 916-636-6177 650-636-6236 650 513 2336 EXHIBIT B PROJECT 92760518 FALLON ROAD RELOCATION IN DUBLIN, CA. PROJECT COST ESTIMATE Sprint Labor- Internal Principal Engineer Cable Splicer NOS TU Eng. Records Overhead 40 hrs. @ $42.45 150hrs. @ $25.33 10 hTs. @ $29.85 200 hTs. @ $30.15 Sub TOlal Contract Labor Engineering Eng. /Inspection 50 hrs. @ $50.00 100 hrs. @ $50.00 Sub Total Contract Vendor Labor TTeneh and ptaee 70' of2" conduit with rsteel OVeT exisling box culver!. Bore and place 350' of 1-2" condui!. Bore and place 230"of 2-2" conduits. (LUMP SUM) Place 3- 3X5 pull boxes @ $2400 ea. Place cable. Sub Total Sprint Materials 24 FibeT Cable, 1100 ft. /335 meters @ $3.00/m + 15% (shp & tax) 2ea. Sprint splice case @ $350 + 15% (shp & tax) Waming ribbon Misc. splicing materials Sub Total Total Estimate total +4.28% G&A ($2,108) PROJECT TOTAL COST REVISED ON 10-]"-20(14 $1,698 $3,799.50 $ 298.50 $6 030 $11,826 $2,500 $5 000 $7,500 $19,394 $ 7,200 $ I 030 $ 27,624 $1,156 $805 $40 1,100 $2,301 $49,251 $51,359 $5t,359. EXIIIBIT \.Q~ '\ B. it,) "t-Æ~ A-Sre.r::"1e4- I 1.fJ CQ 0) 588'58'58"E 36.250 Î~ì ~ ~" PUBLIC SERVICE EASEMENT AREA "" 981.0 sq.m.± 502'06' 44"W 6.001 CROAK ROAD 6.000m WIDE "I" Çj) -t o \f) 0) o rn .¡.. '" a ð Q: ð -J -J LE 2003 020380 ~ ,,-, ("t;) o o "-, RE 1995 1M QRAPIIIC SCALE .~ , . . t ,. all ~ . . , , . i I" W£TEM.I ,/ S50'42'39"W 7.802 RË 1995 1/vI 3L~ POB S'WL Y COR. IN# 2003 219091 ~o Coo~ojnoto~. Þeo~¡r,Q~ ond d¡s~onç~s ore bosad on the Callfo~n¡( COClÎdlnöts System of ·1963, Zone!!::I. DISTANCt:S ARE )N ME:T5.RS unl~ss oth~rwlse noted. 018tonca~ Qnd stot¡onrn~ o(~ Qíld d!ston~eS. MultIply dr8tono~s by 1.00006266 to Db~Dln ground laval dIstances. TD convert meters to U. 5. Su~ve1 feðt. mUltIply a¡s+onoes DY 3937/1200. Plat to Accompany Legal Description Ü1 and DR AcqufsItion n. LLC 3924 FaIon Rd Dublin, CA Alameda County APN: 985-0027-oat 1¥LININTERNATIONAL/CCS 6 Crow Canyon Ct. San Ramon, Co 94583 (925) 314-1220 (925) 314-1229 Fax Date: December EXBIBIT Drawn: SRT Olt'~ p; J2004lJ (l11~ Rd Hord P5t erm~f11lJnl,dw - Þ$( - Jt. c., !:: -b~.1Jr&/..e--n¥-