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HomeMy WebLinkAboutItem 4.11 DSRSD RecycH2OLine CZTY CLERK Fi., # I"1 '--/OI AGENDA STATEMENT CZTY COUNCZL MEETZNG DATE: February 6, 200:L SUBJECT: Approval of Agreement with the Dublin San Ramon Services District for Cooperation Concerning a City of Dublin Road Widening Project and Construction and Acquisition of a Dublin San Ramon Services District (DSRSD) Recycled Water line Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1 ) Resolution Appr0ving Agreement 2) Draft Agreement (signed agreement will be available at the meeting) RECOMMENDATION: 'Xdopt 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 the costs involved in the construction of a recycled water line. These costs include the bid items approved and accepted for DSRSD'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 the City to incorporate the installation of DSRSD's recycled water line in the City' s Dublin Boulevard widening project between Dougherty Road and Scarlett Drive. The Objective of the request is 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 the costs associated with the installation of the recycled water line plus an amount equal to 7.5% of the total cost of DSRSD's pipeline to offset Dublin's additional cost for administration of the project. 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. COPIES TO: g:\miscproj\DBW Dougherty Scarlett\projectXagst DSRSD coop agmt.doc Dublin San Ramon Services District ITEM NO. RESOLUTION NO. - O0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT FOR COOPERATION CONCERNING A CITY OF DUBLIN WIDENING PROJECT AND CONSTRUCTION AND ACQUISITION OF A DUBLIN SAN RAMON SERVICES DISTRICT RECYCLED WATER LINE WHEREAS, the widening of Dublin Boulevard is part of the planned Eastern Dublin road system designed to provide convenient traffic movement between Eastern Dublin and the existing Dublin community; and WHEREAS, the City of Dublin plans to widen Dublin Boulevard between Dougherty Road and Scarlett Drive beginning in early 2001; and WHEREAS, the Dublin San lRamon Services District (DSRSD) also plans to install a water line within the limits of the Cityproject for use as a recycled water main; and WHEREAS, DSRSD has requested that the City incorporate the installation of DSRSD's recycled water line in the Dublin Boulevard widening project to minimize construction impacts on the citizens of Dublin and to avoid pipeline 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 a City of Dublin road widening project and construction and acquisition of a DSRSD recycled waterline. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 6th day of February, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:miscproj\DBW Dougherty to Scarlett\Project/Reso DSRSD Coop Agmt yo // .... ...................... COOPERATIVE AGREEMENT CONCERNING DUBLIN BOULEVARD WIDENING PROJECT AND CONSTRUCTION AND ACQUISITION OF RECYCLED WATER LINE (CITY OF DUBLIN) This Agreement, entered into this __ day of , 2001, 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"); WITNESSETH: WHEREAS, City proposes to construct certain public improvements generally described as, "Dublin Boulevard Widening--Dougherty Road to Scarlet Drive" ("City's Project"); and WHEREAS, District requires the installation and construction of a twenty- four inch diameter recycled water pipeline extending approximately one thousand five hundred feet, which work ("District's Project") is included in, and listed as bid items RW1 through RW14 in the construction contract itemization of work for City's Project; and WHEREAS, City has received bids for. City's Project (including District's Project) which bids were obtained following advertisement therefor in accordance with public bidding requirements pertaining to City, which requirements satisfy District's public construction contract bidding requirements; and Agmt-44 f/sh/sh/DSRSD DES:rg 11/29/00; 12/07/00 R; 01/30/01 r 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 ratify such combined construction 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. Project 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 which are included in the Contract Documents. As 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 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. The parties further acknowledge that: (i) City advertised for bids for the construction of City's Project (including District's Project) in accordance with public construction contract bidding requirements pertaining to City; (ii) City has received bids in response to said advertisement; (iii) the firm of McGuire and Hester, Incorporated, Agmt-44 flshlshlDSRSD DES:rg 11/29/00; 12/07/00R; 01/30/01 r general contractor, is the apparent lowest responsible 2 bidder for the construction of City's Project (including District's Project); (iv) District has reviewed the bid of said McGuire and Hester and approves said bid insofar as it pertains to District's Project; and (v) District hereby authorizes City to accept the bid of McGuire and Hester and award the contract for the construction of City's Project Project (including District's Project) to said McGuire and Hester with respect to the construction of District's Project. Said bid, approved and authorized for acceptance by District is, in the aggregate amount for all bid items for District's Project, Three hundred Eighty-seven Thousand Seven Hundred Three Dollars ($387,703), to which amount shall be added amounts equal to ten percent (10%) and seven and one-half percent (7.5%) thereof, for contingencies and administrative costs, respectively, in calculating amounts payable by District to City for reimbursement, as hereinafter provided. (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 prior written approval, irrespective of whether such construction proceeds under this paragraph or the next following paragraph of this paragraph 1 (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 Agmt-44 3 flshlshlDSRSD DES:rg 11/29/00; 12/07/00R;01/30/01 r 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 Project (including District's Project), City shall proceed with the construction of said Projects. (c) Inspection/Testing. 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 District shall provide for the testing thereof. construction of Districrs Project, 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 solely responsible for inspection and/or testing of City's Project (excluding District's Project) and hereby relieves District of all responsibility therefor. City hereby authorizes District or District's contractor(s), or other representative(s) to enter upon and temporarily 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 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 of the results of the testing thereof, Agmt-44 4 f/sh/sh/DSRSD DES:rg 11/29/00; 12/07/00R; 01/30/01 r District shall notify City in writing of District's intended recommendation concerning acceptance or rejection of District's Project. If District recommends acceptance of District's Project, upon "Final Closeout" of City's 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, and release of final payment and retention (or securities in lieu of retention) for said Projects.' If District rejects District's Project on grounds solely relating to amounts allegedly payable or overpaid to City's contractor with respect to District's Project (and not relating to conformance of construction thereof with the Contract Documents), or accepts District's Project with reservation of all rights to dispute amounts 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 solely be responsible for resolution or other satisfaction of said Disputed Claims, including, without limitation, resolution by litigation. If District recommends rejection of District's Project, in whole or in part, based upon nonconformance thereof with the Contract Documents or otherwise based upon defects in cooperation with District, rectify the construction of District's Project, Agmt-44 5 flshlshlDSRSD DES:rg 11/29/00; 12/07/00 R;01/30/01 r construction, City shall, at the request of, and in cause City's contractor to reconstruct or otherwise 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'$ Project. Upon acceptance of the completion of construction of District's Project by District's Board of Directors and payment of the 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 accordance with the provisions of Paragraph 1 (d) of this agreement, City shall convey title of District's Project to, or confirm vesting of title in, District by a resolution duly adopted by City's City Council or other document approved as to form by District's counsel. 2. Costs of Construction/Reimbursement. (a) Costs of Construction. "Costs of Cbnstruction" as used in this agreement means the aggregate of the line item bids approved and accepted for District's Project included in the bid of the lowest responsible bidder for City's Project (including District's Project) accepted by City, plus an amount equal to ten percent (10%) of said aggregate amount for contingencies approved by District plus an amount equal to seven and one-half percent (7%%) of said Agrnt-44 flshlshlDSRSD DES:rg 11 ~29~00; 12/07/00R;01/30/01 r aggregate amount for City's overhead, 6 management, and administration pertaining tO District's Project ("Administrative Costs"), plus costs specified in change orders or other modifications to District's Project ("Change Order Amounts") as approved by District (to which Administrative Costs shall be added an amount equal to seven and one-half percent [7 ¼ %] as Administrative Costs. The parties acknowledge' and agree that the foregoing amounts, with reference to the bid of the apparent lowest responsible bidder, McGuire and Hester, Incorporated, are (i) Three Hundred Eighty-seven Thousand Seven Hundred Three Dollars ($387,703) constituting the aggregate of line item bids for District's Project (the "Base Bid"), plus (ii) Thirty-eight Thousand Seven Hundred Seventy Dollars ($38,770) constituting ten percent (10%) of the Base Bid for contingencies expenditures for which shall be subject to District's prior written approval, plus (iii) Thirty-one Thousand Nine Hundred Eighty-six Dollars ($31,986) constituting seven and one-half percent (7 ~%) of the Base Bid for Administrative Costs which amount shall be subject to adjustment corresponding to change orders or contract modifications approved in writing by District. City shall 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. Agmt-44 flshlshlDSRSD DES:rg 11/29/00; 12107100R;01130101 r 7 (b) Reimbursement. District shall pay City for the Costs of Construction within thirty (30) days of receipt of City's invoices for the 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 bidder/contractor for City's Project (including District's Project) elects to post securities in lieu of retention pursuant to California Public Contract Code 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 acknowledges that it 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 Districrs interests thereunder. 4. Indemnification: City shall defend, indemnify, and hold harmless District, its Board of Directors, officers, employees, and agents (collectively, Agrnt-44 8 flshlsh/DSRSD DES:rg 11/29100;12107/00P,;01130101 r "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 from the negligence of, or any intentional or willful tortious act or omission to act by, City hereunder. 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; provided, 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. District 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 that describe Districrs Project which are included in the Contract Documents, from District's Agmt-44 9 f/sh/sh/DSRSD DES:rg 11/29/00;12/07/00R;01/30/01 r inspection, testing, failure adequately to inspect or test, use, maintain, or failure to maintain District's Project (excluding City's 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 2782 of said Code, nor shall District be required to indemnify City for the sole or active negligence or willful misconduct of City. {i. 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 94566 Attn: General Manager and in the case of City, as follows: City of Dublin 100 Civic Plaza P.O. Box 2340 Dublin, CA 94568 Attn: City Manager 6. Modifications. This agreement may only be modified by written amendment or supplement approved and executed by the parties in the same manner as this agreement. Agrnt-44 f/sh/shlDSRSD DES:rg 11/29/00; 12107100R;01130101 r 10 7. 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. 8. Paragraph Headings. Paragraph and subparagraph headings as used herein are for convenience only, and shall not be deemed to alter or amend the provisions of the paragraph or subparagraph headed thereby. 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: President, Board of Directors ATTEST: Secretary ATTEST: City Clerk CITY OF DUBLIN, a municipal corporation of the State of California By: Mayor, City of Dublin Agmt-44 f/shlshlDSRSD DES:rg 11/29/00; 12/07/00R; 01/30/01 r 11