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Home My WebLink About8.4 ACWMA Grant FireStns CITY CLERK AGEN DA STATEMENT CITY COUNCIL MEETING DATE: February 18, 2003 SUBJECT: Grant Agreement with Alameda County Waste Management Authority Report by: Rosemary Alex, Parks and Facilities Development Coordinator ATTACHMENTS: 1) Agreement Authorize Staff to enter into an Agreement with Alameda County RECOMMENDATION: '~qcff'~ Waste Management Authority (ACWMA) FINANCIAL STATEMENT: The grant funding will provide $100,000 for the construction of Fire Stations gl 7 and gl 8 in Eastern Dublin. DESCRIPTION: As approved in the 2002-2007 Capital Improvement Program, construction of Fire Stations #17 and #18 will begin in Fiscal Year 2002-2003 and be complete in Fiscal Year 2003-2004. In order to proceed with that timeframe, on June 4th, 2002 the City Council approved the Construction Documents for Fire Stations gl 7 and gl 8 as prepared by BSA Architects. Throughout the design process City Staff along with BSA Architects worked extensively with the ACWMA Staff to incorporate many of the recommended 'Green Building' materials and methods for these projects. The plans that were approved by City Council on June 4th, 2002 had included those 'Green Building' recommendations. City Staff subsequently completed the required grant application, which was approved for funding by the Alameda County Waste Management Board. The $100,000 awarded will be equally divided for the construction of the two fire stations. The attached Agreement outlines the scope of work, reporting requirements and payment procedures for Fire Station gl7 and #18. Fire Stations #17 and #18 are currently under construction and are anticipated to be complete by Fall 2003 and Summer 2003 respectively. RECOMMENDATION: It is recommended that the City Council authorize City Staff to enter into an Agreement with Alameda County Waste Management Board (Attachment 1). COPIES TO: Alameda County Waste Management Authority ITEM NO. G:\COUNCILLAgenda Statementsk2003k2-18 Grant Agreement - Fire Stations.doq ,%5 AGREEMENT BETWEEN ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY AND CITY OF DUBLIN THIS AGREEMENT, by and between Alameda County Waste Management Authority, hereinafter referred to as "Authority", and the City of Dublin hereinafter referred to as "Contractor", WITNESSETH: WHEREAS, the Authority desires to assist waste reduction efforts and promote green building practices in Alameda County; and WHEREAS, the Contractor proposes to build Fire Stations #17 (Madigan Road) and #18 (Fallon Road) using green building practices, technologies, and as specified in Appendix A and hereinafter referred to as "Program"; and WHEREAS, Contractor has requested funding from Authority in the amount of $100,000 in order to partially fund "Program"; and WHEREAS, the Authority has agreed to provide such funding; NOW, THEREFORE, Authority and Contractor agree as follows: I. SCOPE OF CONTRACTOR SERVICES Contractor agrees to perform those services described in Appendix A and to adhere to the proposal described therein. Appendices A (Scope of Work), B (Payment and Reporting Schedule), and C (Authority Resolution) are by this reference incorporated in and made a part of this Agreement. II. AUTHORITY REPRESENTATIVE Authority shall appoint a representative or representatives with respect to work to be performed under this Agreement. Authority's representative(s) shall have complete authority to transmit instructions, receive information, and interpret Authority's policies. Contractor shall be entitled to rely on representations made by Authority's representative(s) unless otherwise directed in writing by Authority. lJI. TERM The term of this Agreement shall be from the date of signatures to December 31, 2003. Contractor is required to submit reports describing the program, including an accounting of the expenditure of Authority funds provided by this agreement. [Revised - May 30, 1997] Page 1 Contract dated 12/9/02 ~ IV. COMPENSATION For the services described in Appendix A, Authority agrees to pay, and Contractor agrees to accept, compensation in accordance with Appendix B. The maximum amount to be paid to Contractor under this agreement is $100,000. V. INDEMNIFICATION Contractor shall indemnify and hold harmless the Authority, its officers, employees and agents from and against any and all loss, liability, expense, claim costs (including costs of defense), from suits and damages of every kind, nature and description directly or indirectly arising from the negligent or intentional acts, errors or omissions of Contractor in the performance of this Agreement and Contractor shall pay all claims, damages, judgments, legal costs, adjusters' fees and attorneys' fees related thereto. VI. INSURANCE During the life of this Agreement, Contractor shall maintain the following minimum insurance (if necessary/applicable): 1. Comprehensive general liabilitY insurance, including personal injury liability, blanket contractual liability, and broad-form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering owned, non-owned, rented, and hired cars. The limits of such coverage shall not be less than $250,000 bodily injury per person/S500,000 bodily injury per occurrence/$100,000 property damage. 3. Statutory workers' compensation and employer's hability insurance as required by state law. If Contractor submits a statement of assurance that it is self-insured, such assurance shall constitute compliance with the above paragraph. Upon request, Contractor shall submit to Authority certificates of insurance for the policies listed above. The certificates shall provide that the Contractor give written notice to Authority at least 10 days prior to cancellation of or any material change in the policy. VII. ASSIGNABILITY Except for a general construction contractor hired by Contractor as identified in Appendix A and B, Contractor may not assign or transfer any of its obligations under this Agreement except that with the written consent of the Authority, Contractor shall be entitled to subcontract specified portions of the work to be done under this Agreement. [Revised -- May 30, 19971 raue Contract dated 12/9/02 vm. TERMINATION This Agreement may be terminated for cause at any time upon fifteen (15) days written notice to the party against whom the right to terminate is being exercised. The Authority may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. In the event of termination pursuant to the provisions of this paragraph, Authority will be obligated to make payment for services performed and expenses incurred to the date of termination. IX. NON-DISCRIMINATION Contractor agrees that it will comply with Title VI of the Civil Rights Act of 1964 and that no person, on the grounds of race, creed, color, sex or national origin be excluded from participation in or be denied the benefits of or otherwise be subjected to discrimination in the performance of this Agreement. X. SOLE AGREEMENT OF THE PARTIES This contract contains the sole agreement of the parties relating to the execution of this Program and correctly sets forth the rights, duties, and obligations of each party to the other party. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and affect. XI. AMENDMENTS NOT VALID WITHOUT ADDITIONAL WRITTEN AGREEMENT No alteration or variation in the terms of this Agreement shall be valid unless made in writing and signed by both parties. XII. ACKNOWLEDGMENT All publicity or promotional materials concerning the Program, including press releases, feature stories, public service announcements, brochures and product literature produced during the term of this Agreement must be submitted to the Authority representative (s) for review and approval prior to distribution. Such approval may not be unreasonably withheld. The Authority shall be acknowledged as a supporter in all aforementioned materials for the duration of this Agreement. XIII. LITIGATION If any litigation is commenced between the parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. [Revised -- May 30, 19971 raue Contract dated 12/9/02 XIV. JURISDICTION This Agreement shall be administered and interpreted under the laws of the State of California. Any litigation arising as a result of this Agreement shall be in California. XV. SEVERABILITY If any term or provision of this Agreement is found to be illegal or unenforceable, then, notwithstanding any such term or provision, this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY CITY OF DUBLIN KAREN SMITH RICHARD AMBROSE Executive Director City Manager Date: Date: APPROVED AS TO FORM: E. CLEMENT SHUTE, JR. Authority Counsel Date: [Revised - May 30, 19971 Contract dated 12/9/02 APPENDIX A SCOPE OF WORK The following Scope of Work is agreed to by the Alameda County Waste Management Authority (Authority) and the City of Dublin (Contractor): Proiect Description The City of Dublin in constructing two new fire stations to serve the expanding population of the City. · Fire Station 4/17 is an 11,000 square foot fire station located on Madigan Road, near the intersection of Gleason Drive. The project is expected to begin construction in October 2002 and will be completed by October 2003. The budget for this project is $5.69 million with funding coming from development impact fees retained in the Fire Impact Fund. · Fire Station #18 is an 8,900 square foot fire station located on Fallon Road, near the intersection of Bent Tree Road. The project is expected to begin construction in October 2002 and will be completed in May 2003. The budget for this project is $4.69 million with funding coming from development impact fees retained in the Fire Impact Fund. As a result of the ACWMA's Green Building Design Assistance Program, Dublin's Fire Stations #17 and #18 will include provisions for waste reduction, the use of recycled and other sustainable building materials, energy efficiency, indoor environmental quality, and water conservation and pollution reduction. The measures that will be employed in this station represent a significant reduction in the negative impacts on waste, energy, water, health and comfort. Many of these measures will provide on-going operating costs savings to the City of Dublin. Green Building Grant Requirements [Revised -- May 30, 1997] ra~e Contract dated 12/9/02 Green Building Measures Organized by LEED Category Dublin Dublin #17 #18 .EED CATEGORY: MATERIALS & RESOURCES Recycling ........................................................................................................................................ 1 '~'~i"'~j~'~'~j'j;~'~"~'~i'"~'~'~'~'~'~{J~'~"~'~te management plan, % diversion goal ......... ~'~'~"*'""["'"'"~'~'~ ........ ~.~f~i.;~.~.~g~i.i~.T~.~.~.i~a.:~.~.~.~.~[...{~;G.i.~.~i~...g~.fia~.~.~.~i.~i; ................................................................................ 3 -~'~gg~'~T~6~"~ii~'"~"gaa'~a'"~'~'~"¢~'ia'~'~'a~' ................................................................................................................... ~' ........................... ~ ............. 4 '~'~ i' ~T~&'G~i'~"~ig~"gii'B'"B'i'~'~"~'~i'~a"~i~'~i ........................................................................................................... ; ............. :~' ........................... ~' ............ 6 Concrete: recycled flyash percent 30% 30% 7 ................................................................................................................................................................................................................................................................................... F oor Athletic: recycled content rubber 4 ............ ~' ............. 8 '~' ~'~'~;"~'~g{~"i'~:~5'~"[~;~'~';"~'ffi'"~'~'ii'~'~ ................................................................................................................................ ~' ........................... ~' ............. 9 F oor Carpet: Iow-VOC carpet adhesives ~ o '~' ~'~'~"~'~'~'~"~i'~"~'~'~"G~'"~'~7~T~'~i'~ ................................................................................................. : ................ ~' ........................... ~' ............. 14 F oor, Resiliant: no vinyl flooring ~ 5 '~' ~.~.~;..~.~.~iii~.~i~...~iG.~i..ii.~.~i~G.~...~.~..~.~T~.~i.a.i.~...~.~.~.~¥~..~.G~i.~i~. .................................................................. ~' .......................... ~' ............. 16 F oor, T e ceram c tile for durability 4 4 20 .~..~.fi~...~i~.~.~.~i..~..~..~.~:.~:.T~:~.~.6~..g:.~6.f~..~T~...~ ................................................................ ; ................. ~' ............. [; ............ ~ .............. 21 .i.~.~i~i~.~;.~.~i7?~i.~.~..~.~¥~a..~.~..~.~.a)~.~.~.~i~.~a.~:~.~.~.:.~.~.~.~.~ii~i.~.~ ................. ~ ................. ~' ............. [ ............. ~ .............. 22 '~'i~'"~'~?'~g~G~"~i'~'~':~'~"~T~'~i'g~"~'~ig~i ........................................... : ............................................................ ~"'" ......... [ ............. ~' ............. 23 Pa nt Interior: Iow-VOC or zero-VOC LEED CATEGORY: SUSTAINABLE SITES 26 Roof: L ght colored or metal roof 27 ..~¥~.~.~.~.~.i~i.~...g~.G~?~.~.~..~i~.~..~.~.~¥~.~...G...~.i.~.i~i.~..~.G.~..~.~..~.~.~.~ ...................................................... ~' ........................................... 28 ..~.G~".gg~.g~...~.G.~.~..~gg~...~.~¥~..~.G.~"i~..~.~.~..~g~g~..~.~Tg~.i.~. ................................................. ~' ............................ ~ ............. "E~6'"~'~'~6~f~'"'g~'~"~'~f~'6~'~'~ ..................................................................................................................................................................... 29 ..~.~i.i~.~.~....~.~.~.~.~..~.~.~.~..~.~?..~.~.~..~..~.~.~iG.~.~ ............................................................................... ~' ......................... ~' ............ ~0 '~'~'i~'~'~'"~'i~'~'~'~?~'~'~'~'~'~"~f~'~'~'~'i~'~ ............................................................................................................... ~' ........................... ~' ............. 31 '~'~i¥~'~'"~'~G~"~'~'i~'~'~"~'~'~'ff~"~'~"~'~'~i'G'~ ........................................................................................................... ~' ............................ ~ .............. 32 '~'~i'~'~' '"~i~'~'~G~'~"~'~'~'~"~"~'~'~i¥~'~'~ ................................................................................................................ ~' ............................ ~ .............. 34 Comm ss oning: duct leakage controls, etc. 36 '~' ~'j"~'~'~'~:'~'~"i'~'~'~'~"~'i~"~'~'~'~"~ ...................................................................................................................... ~' ............................ ~ .............. 37 Contro s gas BBQ auto-shutoff ............................................................................................................................................................................................................................................................. ~- ............................ ~ .............. 38 Contro sighting occupancy sensors 39 .6.~.~...~¥~..~.~i.~.~¢.~.~..~i~T~.~.G~..~..~i..i.~.~.~..6.;~..~..~.~..G.~.~i.~ .................................................................. ~' ............................ ~ .............. 4~ .~T~i.~...~i~i.~.~¢..~i.~..~.a.iii.~.~..~..~i..i~.~i..~..~...~.~...~.~..~..~ ........................................................................ ~ .............. ] .............. ~ .............. [Revised -- May 30, 1997] Page 6 Contract dated 12/9/02 'iXi~'6"d'~¥'g~6~'~i'"'i'~'dS'Gff~'i~gii~5'~'~'~'~'¥~'£"5'O~i¥~' ......................................................................................................................................... 53 Day 9hr ng: apparatus bay 54 .5.~.i~.~.[i~.~.i.~.~.~.~i.~.i~;.~.~...~.~..~i.[~..~.~:~..[~..~i~[~..~.~..~.i~ ......................................................................................... ~' ........................... ~ ............. 55 '~i'~ ~5~.;.i..~.~;~.~.~.i~..~i~..¥i7~..~.;~.~;~i~..~i~.~.~..5.i..~.~.~.~Bi~..[~.ii5.f.~.~.~.~.~ ..................................................... ~ ........................... ~ ............. LEED CATEGORY: WATER EFFICIENCY 56 -~ ~'i~Ti'f~'i~'~[i~;'~'i"'~;~i~;i'~ ~'f i'~ ;~'3'~ ~;'~'~'~'~ ~'~i'~'~"G~'~'~5'iS'~ ~"~'~ ~'"~'i'~'~ ~i'~'~" ~'~'~Zi'~ .................................... ~' ............................ ~' ............ 57 "~¥~7'~;ii~ii'~;'~'i"~;iiT~7'~'~;~i'57¥~?~;~i'~'~";'~' ............................................................................................................... ~,' ............................ ;~' ............. 58 ..~.i~7§.~.~.~;i.~;.&...§~;~.~.~T~;~7.iq5~..§K.~.~K.~.~.;..§i.~.g~7%.ii.~ ............................................................................ ~,' ......................... ;~' ............. $ Amount of Grant $50,000 $50,000 Project Scope of Work Project Status Expected Expected (as off 8/23/02 ) Start Date Completion Date Programming Completed Schematic Design Completed (Concept~j_~l~ Preliminary) Design Development Completed Construction Documenr-q Completed Bidding FS # 17 - 9/5/02 FS # 18 - Completed Construction FS # 17 - 10/1/02 FS # 17 - 10/1/03 FS # 18 - 10/1/02 FS # 18 - 5/15/03 Commissioning FS # 17 - 9/1/03 FS # 17 - 10/1/03 FS # 18 - 4/15/03 FS # 18 - 5/15/03 Project Roles & Responsibilities 1. City of Dublin Key Personnel: Herma Lichtenstein, Project Manager The City of Dublin will: [Revised - May 30, 1997] Contract dated 12/9/02 1. Monitor the contracted design and construction professionals' work to ensure that the design and construction of Fire Station #17 and #18 complies with the terms of the ACWMA Green Building Grant. 2. Communicate questions regarding green building practices and the use of ACMWA Green Building Grant funds to the ACWMA project manager in an expeditious manner. 3. Submit copies of all publicity or promotional materials concerning the project, including press releases, feature stories, public services announcements and brochures, to the Authority Program Manager for review and approval prior to release of the information. 4. Submit work documents and progress reports as required in Appendix B. 2. Alameda County Waste Management Anthority Key Personnel: Ann Ludwig, Program Manager ACMWA will: 1. Provide technical assistance to the City of Dublin, its architects, and its contractors as necessary to ensure maximum compliance of the project to the terms of the grant funding. [Revised - May 30, 1997] ,~aue Contract dated 12/9/02 APPENDIX B PAYMENT AND REPORTING SCHEDULE The following schedule of payment and reporting is agreed to by the Alameda County Waste Management Authority (Authority) and the City of Dublin (Contractor): Total Project Budget = $100,000 1. Initial invoice of $85,000 will be due and payable by the Authority to the Contractor when all of the following conditions have been met: · This Funding Agreement has been fully executed. · Certificates of Insurance meeting the requirements of Section VI of this Agreement have been submitted. Signed Federal Taxpayer ID Number Form (substitute IRS Form W-9) has been submitted. Documentation from the Construction Documents or required change orders is submitted to the Authority showing that the items listed in Appendix A: Green Building Grant Requirements have been specified in the Construction Documents and the contract for services with the construction contractor. · Documentation showing that a construction contractor has been selected by the City of Dublin and a contract for services has been signed. · Contractor submits signed invoice for payment. 2. Final invoice in the amount of $15,000 is due and payable by the Authority to the Contractor when all of the following conditions have been met: · Final report has been submitted to the Authority and approved by the Authority Project Manager. The Final Report should contain a narrative description of the Fire Station #17 and #18 Green Building activities, including: · A description of the key environmental benefits achieved in the project, including energy efficiency, use of more durable, longer-lasting products, and innovative uses of materials (reduced amount of material needed, use of sustainable, low-toxic, and recycled-content materials); · A narrative describing barriers or obstacles encountered in the design and construction of the project; · A narrative describing how this grant will influence future City of Dublin building projects. · A list of Green Building Materials used in the project, including manufacturer and product name. This list should match the items listed in Appendix A: Green Building Grant Requirements. · Documentation showing that the contractors met the Construction Waste Management requirements of 50% diversion as specified in Appendix A; · Contractor submits final signed invoice for payment. [Revised -- May 30, 1997] raue Contract dated 12/9/02