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Home My WebLink AboutReso 151-10 School Dist Sidewlk RepRESOLUTION NO. 151 - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ****~**** APPROVING COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT FOR THE DESIGN AND REPLACEMENT OF A SIDEWALK AND ASSOCIATED IMPROVEMENTS ON VILLAGE PARKWAY AT DUBLIN HIGH SCHOOL WHEREAS, the City of Dublin and the Dublin Unified School District (DUSD) propose to fund and implement a joint project to replace the existing sidewalk along a portion of the Dublin High School frontage on Village Parkway north of Brighton Drive; and WHEREAS, the project will provide public benefits of improved and safe pedestrian circulation and improved streetscape aesthetics through the replacement of deteriorated sidewalk, reduction of future repair costs, and retention of the existing street tree canopy; and WHEREAS, the City of Dublin and DUSD are prepared to enter in the Cooperative Agreement Between the City of Dublin and the Dublin Unified School District for the Design and Replacement of a Sidewalk and Associated Improvements on Village Parkway at Dublin High (Agreement); and WHEREAS, both the City of Dublin and DUSD have identified the funding needed to complete the work identified in the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement between DUSD and the City of Dublin. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed to transmit a certified copy of this Resolution, together with duplicate executed copies of the Agreement, to DUSD for approval and processing. PASSED, APPROVED AND ADOPTED this 5th day of October, 2010, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~ ~ ~(n.__.__ ,C~KJ'-(~~n. Mayor ATT~ST: ~ ~ ~~~, ~~ ~ ~~ City Clerk Reso No. 151-10, Adopted 10-5-10, Item 8.1 Page 1 of 1 ~~~~i COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT FOR THE DESIGN AND REPLACEMENT OF A SIDEWALK AND ASSOCIATED IMPROVEMENTS ON VILLAGE PARKWAY AT DUBLIN HIGH SCHOOL This Cooperative Agreement ("Agreement") is entered into effective as of , 2010 ("Effective Date") by and between the City of Dublin ("City"), and the Dublin Unified School District ("District"). The City and the Agency are collectively refened to herein as the "Parties." RECITALS A. The Parties desire to replace certain existing sidewalks on Village Pazkway abutting Dublin High School, located within the City of Dublin, as well as associated improvements (collectively "the Project"), including the installation of a curb ramp compliant with the requirements of the Americans With Disabilities Act ("ADA") and the expansion of nearby street tree wells . B. The Project includes the following work: removal and of replacement of existing sidewalks and associated curbs and gutters, replacement of a curb return at Brighton Drive, installation of a curb ramp compliant with the requirements of the Americans With Disabilities Act ("ADA"). C. The Project also includes installation of new tree wells, trees, root barriers and other items relating to sidewalk landscaping ("Landscaping") The Parties seek by this Agreement to establish the scope of the each Party's responsibilities in the design, funding and construction of the Project. 1. Project Description A description of the location and scope of the Project is attached hereto as Exhibit A, and incorporated herein by this reference. 2. District Obli ations. 2.1 District shall contribute funding in the amount of thirty-five thousand dollars ($35,000) ("District Contribution") to City for use in the design and construction of the Project. The District Contribution shall be made prior to soliciting bids for completion of the Project pursuant to City's obligations in Section 3.4 of this Agreement. 2.2 District shall, at its own cost, provide all staff support for administration and management of the Project necessary to fulfill its obligations under this Agreement. 1503088.1 EXHIBIT ~ To the Resolution 5~3 ( 2.3 With respect to any newly planted trees planted as part of the Landscaping, District shall permit City to connect to and utilize District's on-site water supply until such time as said newly planted trees are, in the opinion of City's arborist, sufficiently established as to no longer require direct irrigation, for a period not to exceed three years. District shall provide irrigation water at its own cost. Removal or abandonment of the temporary irrigation materials shall be performed at City's cost. 2.4 District shail provide City and its contractor reasonable access to District property for the purpose of removing the existing sidewalk, forming and pouring the new sidewalk, and installing irrigation. Access shall be coordinated with District in advance. 2.5 District shall have final approval of the restoration work performed by City pursuant to Section 3.7 of this Agreement, provided that said approval shall not be unreasonably withheld. City Obli ations 3.1 City shall provide all funding in excess of the District Contribution necessary for completion of the Project, exclusive of any costs required to be borne by District pursuant to Section 23 of this Agreement. 3.2 City shall prepare all necessary planning and design for completion of the Project, including design development, preliminary engineering, final design engineering (including plans, specifications and estimates) ("Project Specifications"). All Project Specifications shall be developed in accordance with City standards and operations and maintenance requirements, as well as all applicable local, state, and federal laws and regulations. 3.3 Upon completion of the finalized Project Specifications, City shall modify its sidewalk repair budget to reflect the costs of completing the Project, exclusive of District Contribution. 3.4 Upon receipt of District Contribution, as provided in Section 2.2 of this Agreement, City shall solicit bids for performance of the work required to complete the Project as described in the Project Specifications, and shall award a contract for the performance of said work in compliance with all applicable state taw including, but not limited to, the public bidding provisions contained in Califomia Public Contract Code sections 20160 et seq. Provided that District Contribution is timely made, said bid solicitation materials shall provide that the work must be performed and substantially completed from April 4, 2011 through April 8, 2011, or at any other time mutually agreed upon by the Parties. 2 1503088.1 ~~3~ 3.5 City shall be responsible for construction, construction management, and safety monitoring during construction of the Project. City shall be responsible for ensuring that the contractor conects all errors, omissions and defects in the construction and installation of the Project to ensure that it completed in compliance with the Project Specifications. 3.6 City shall provide all staff support for administration and management of the Project necessary to fulfill its obligations under this Agreement. 3.7 City shall restore District's property used for the purposes stated in Section 2.4 of this Agreement to its pre-existing condition following completion of construction. 4. Ownership and Maintenance Any facilities constructed as part of the Project shall be owned by City an City property, and by District if on District property. Each Party shall be responsible for maintaining all facilities located on their respective property. Indemnitv 5.1 Neither the District, nor any officer, employee, or agent of any of them, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement. City shall fully indemnify hold District, and their respective officers, employees, and agents harmless and~ defend from any liability imposed for injury occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement. 5.2 Neither City, nor any officer, employee or agent thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by District under or in connection with any work, authority, or jurisdiction delegated to the District under this Agreement. The District shall fully indemnify and hold City and its officers, employees, and agents harmless and defend from any liability imposed for injury occurring by reason of anything done or omitted to be done by the District under or in connection with any work, authority, or jurisdiction delegated to the District under this Agreement. 1503088.1 7~b 3 ~~ 6. Amendments This Agreement may be amended by mutual agreement of all parties. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties and no oral understanding or agreement not incorporated herein shall be binding on either of the parties hereto. Any fundamental alteration to the terms of this Agreement shall be processed as an amendment to this Agreement that must be approved by the Parties. 7. Applicable Law This Agreement is entered into in the State of California and shall be interpreted in accordance with the laws of the State of California. Entire Agreement This Agreement and the referenced Exhibits constitute the entire agreement of the parties on the subject matter of this Agreement. 4 15030881 Sa~ 3 - DISTRICT: Dublin Unified School District By: Dr. Stephen Hanke, Superintendent Approved as to Form: By: General Counsel CITY: CITY OF DUBLIN By: Joni Pattillq City Manager Approved as to Form: By: City Attorney Attest: Attest: By' BY_ City Clerk EXHIBITS FOLLOW 1503088.3 5 1503088.1 Fvhih;l. n ~