HomeMy WebLinkAboutItem 4.02 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.
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COPIES TO: Sprint Communications Company
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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
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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
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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
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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
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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
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