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HomeMy WebLinkAboutReso 59-05 UtilityRelocSprint RESOLUTION NO. 59 - 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 580IFallon Road freeway interchange to mitigate the Dublin Ranch area development; and WHEREAS, the City's Staff and consultant have been working on the design and environmental documentation of the I~580/Fal1on Road Interchange Improvement Project; and WHEREAS, the proposed widening of FaIlon Road immediately north of the interchange would require the relocation of approximately 500 feet of fiber optic conduit located along the northwest comer of the interchange; and WHEREAS, it is necessary for a Utility 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 Agreement with Sprint Communications Company for the 1-580/Fal1on Road Interchange Improvement Project BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement, attached hereto as Exhibit "A." PASSED, APPROVED AND ADOPTED this 19th day of April, 2005. AYES: Councilmembers Hildenbrand, McConnick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN; None ATTE~ ~C' Deputy tty Clerk G:'CC-M· '(jS\2()(J.s-qtr2\Apr\O+19"()~\R.eso 59-05 Sprint IJti1ity M.e1ocation Agntt.doc (Item 4.2) UTILITYRELOCATJON AGREEMENT THIS UTILITY RELOCATION AGREEMENT ("Agreement..) is made and entered into and effective this _,l~_t'þ- day of April , 2005, by and betwcen Sprint Communications Company LoP. (hereinatìer refcrred to a, "Sprint"), whose maihng address is 6391 Sprint Parkway, Overland Park, Kansas 66251-2040, Mail Stop: KSOPHT0101-Z2040 and the City of Dublin, California (hereinafter referred to as "City") who,e mailing address is 100 Civic Plaza, Doblin,CA 94568. WITNESSETH: WHEREAS, City desires to improve the freeway interchange at Interstate 580 and Fallon RoadlEl Charro Road ("Projec!"), located in the County of Alameda and Sprint owns fibcr optic cable within the construction limits of the Project, and WHEREAS, a, a rcsult of the construction for the Project, it is nocessary for Sprint to remove and replace approximately 500 feet of fiber optic conduit, in accordance with, aud as more particularly described, in the attached Exhibit' A (Scope of Work) and B (Cost Estimatc), aud incorporated herein; and, WHEREAS, Sprint, under the terms hereinafter stated, is willing to protect/relocate its fiber optic cable withiu the limits of a public service easement shown in Exhibit C, and to accommodate City's work provided City rcimbur'cs Sprint for all of its actual costs, both direct and indirect, in making such modifications. NOW, THEREFORE, in consideration of tbe promiscs and mutual covenants herein contained, Sprint hereby agrees to perform the necessary protection/installation work in accordance with tbe attached Exhibits A and B subject to tbe following terms and provisions: 1. City agrees tbat Exhibit A represents the Scope of Work requested ofSpriot. 2. City shall, at its own expense, inspect any consttuction by Sprint hereunder, to assure itself that Sprint work is being performed in compliance with the needs of City, 3. City agrees to pay an direct and indirect costs incurred by Spriut 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 a.greed that City will not pay for betterment or incrc:asc in capacity of Sprines facilities in the new location and that Sprint shall give credit for accrued depreciation on the replaced facilities and for tbe salvage value of any material or parts salvaged aud retained or sold by Sprint. . 4. The total cost of the fiber optic cable work is estimated to be Fifty One Thousand Thrcc Hundred Fifty Nine Dollars and no cents ($51,359.00) (Exhibit B). Final actual costs may be more or less than such estimate, which shall not be construed as a hmitation of costs for such project. Sprint shall promptly notify tbe City if the final actual cost, wíl1 exceed the foregoing by more than fifteen percent (15%). City shall not pay final bills that exceed tho estimated cost of this agreement without documentation of the reason for the increased cost from Sprint 5. Within a reasonable period of timo after Sprint pays all of the invoices associated with the Project and the as-built drawings are complete, Spriut shall furnish an accounting of final actual costs in tho form of an itemized statement of the total costs charged to the project and provide City an invoice of the same. City shall pay thc foil amount of such invoice within thirty (30) days after receipt subject to the requirements of Section 4 relating to costs in excess of the cost estimate. 6. City and Spriut mutually agree that all operations and work perforn1ed by City above or adjacent to the fiber optic cable location shall be performed in a workmanlike and safe manner and in conformance witb all applicable industry standards and government regulations, and in aeeordauce with any restrictions and conditions that ilIay be impo,ed by Sprint from time to time. No work shall be performed within the existing right of way by City until the fiber optic cable modification has been completed. 7. Exclusive of Saturday, Sunday and lcgal holidays, notice shall be given to Sprint by City, at least 48 boors in advance of commencernout of any work on or adjacent to the fiber optic cable. Said notice ,hall bo givon to Sprint at telephone uumbor 1·800-521-0579. 8.. Insofar as it legally may City agrees to indenmify and hold harmless Sprint, its. officers directors, agents and employees from aJlloss, claims, liability and costs incurred by Sprint, including, without limitation, losses resulting from claims for damages to property or injuries to or death of persous, judgments, court co.ts and attorney's fees, which arise out of or are claimed to bave arisen out of the acts or omissions of City, its contractors, agents, of employees with rcspect to the Projcct, including tho construction, maintcnance, presence on tbe right of way, or othor operations or activities of City directly related to tbe Ptojcct It is understood and agreed that neithor City nor any officer or employee thereof is rcsponsible for any damage or liability oocurring by reason of anything done or omitted to be done by Sprint under or in couocotion with any work, authority, or jurisdiction delegated to Sprint under this agre<mcnt. Sprint shall defend, indemnify and savC harmless City and all its officers and employees from all claim<, suits or actions of every name, kind and deseription brought for or on account of iujurios to or death of any person or damage to property resulting from anything doue or omitted to be donc by Sprint under or in eOnllection with any work, authority or jurisdiction delegated to Sprint under this agrccment. 9.. It is understood by the parties hereto that Sprint agrees to re10cate its fiber optic cable within tho limits of a public service casement shown in Exhibit C and agrees to quit claim and abaudon any right, title or interest it may have in thc land owned by thc City shown in Exhibit D, at no additional cost. Provided that the City has given Sprint adequatc written documentation of Sprint's property rights in the Public Easement, upon eompletlon of the utility relocation work, the City shall prepare the neceggary Quit Claim document for signatu!c of both parties and record such document with tbe Alameda County Recorder's Office 10. This Agreement supersedes every antecedent or concurrent oral andlor written declaration undlor understanding pertaining to the fiber optic cable modification work by and between Sprint and City. If City's projMt that precipitated this agreement is canceled or modifiod so as to eliminate the necessity of work by the City, City wil1 notify Sprint in writing and City reserves the right to terminate thi, Ah.-reement by Amendment, subject to reimbursement of costs incurred by Sprint in cOllllectioD with this Agreemeut through the date ofterrnination. 11. The terms of this Agreement shall be binding and iuure 10 the benefits of the parties hereto and their successorS, and assigns. 12. Notwithstanding anything to the contrary containcd herein, Sprint wil1not be required to perform any cablo modification work contemplated by this Agrecmcnt during the period of November 15th of any year through January 2nd of the followiug year. IN WITNESS WHEREOF, the partics have caused those presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. . CITY OF DUBLIN, CALIFORNIA SPRINT COMMUNICATIONS COMPANY L.P. BY: TI MAYOR TITLE: DATE:~ri t ).:;1. ~.ç_ DATE: ~r . ' Whm"~~. ~ WITNESS: .~~~~, EXHIBIT A SCOPE OF WORK STATEMENT OF WORK Project No. 92760518 Conduit System and Cable Relocatio" 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 Ie meet proposed finish . grade. Place approximately 1100' ot 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 Conslruction, Installation, and Splicing of Fiber Optic Cable, and will include, but not limited to, the following: Perma"ent u"derground cable installation Trench and place approximately 70' of 1·2" HOPE Conduit (place 3" steel with HOPE over existing box culvert) Bore and place approximately 350' of 1-2" Schedule 40 PVC Conduit or 2" 10 controlled HDPE conduit. Bore and place approximately 230' of 2-2" Schedule 40 PVC Conduits or 2" ID controlled HOPE 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/Inspector, Restore all areas affected by construction activities, back to original condition or better, 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 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 III Eng. Records Overhead 40 hrs. @ $42.45 150hrs. @ $25.33 10 hrs. @ $29.85 200 hrs. @ $30.15 Sub Total Contract Labor Engineering Eng. /Inspection 50 hrs. @ $50.00 100 hrs. @ $50.00 Sub Total Contract Vendor Labor Trench and place 70' of2" conduit with 3"sleel over existing box culvert. Bore and place 350' of 1-2" conduit. Bore and place 230"of 2-2" conduits. (LUMP SUM) Place 3-3X5 pull boxes @ $2400 ca. Place cable. Sub Total Sprint Materials 24 Fiber Cable, 1100 ft. /335 meters @$3.00/m+ 15% (shp & tax) 2ea. Sprint splice case @$350 + 15% (shp & tax) Warning ribbon Misc. splicing materials Sub Total Total Esthnate total +4.28% G&A ($2,108) PROJECT TOTAL COST REVISED ON 10-19-2004 $1,698 $3,799.50 $ 298.50 $6.030 $11,826 $2,500 ~ $7,500 $19,394 $ 7,200 $ 1.030 $ 27,624 $1,156 $805 $40 $300 $2,301 $49,251 $51,359 $51,359_ 6.000m WIDE 588·58'58"E 36.250 ". t,' .,' . PUBLIC SERVICE EASEMENT AREA . 981.0 sq.m.± . S02'06'44"W 6.001 CROAK ROAD· "<1' .'.. .. ~, .' 0) a "t 0 d If) ~ I a: If) ~ .co Q) ð 2003 ·0?03BO Q) 0 ~ Q) i;\.1 -J \tJ -J 0 ~ 0 tL1 _IC SCALI: .~ . , ID III .. . . . ~u,~~ S50·42'39"W 7.802 RE: 1995 JM 34~ POB S'WL Y ,COR. IN# 2003 219091 ... etric I ...""t Cooíc·lnote.!:i, D80r!nd.s ane! ð!:stdnG~:S or'b bC8ed on tnEi Cal1fon Coord 1 nate System of ·19!ß, Zone :3. . D I $:T ANCES ARE ! N METERS unless otheíwlse noted. Dlstan~é! one stQtlon)nQ ~~e ~Fld d!stDnc~5. "Multiply dlst::mcsoS by 1.0000826B to obtoln !;Jrcul'1( Jevl!lt ct5tonMs. To oonv~rt metal's to U.5. 5ur'"vfl:j' feet, .multlply oistonoes oy 3g,:n/1200. Plat to Accompany Legal Description Lh and DR Acquisition H, LLC 3924 FaIon Rd . Dublin, CA Alameda Oounty APN: 985-D027-oat 'T¥LIN¡NTERNATIONAL/CC~ 6 Crow Canyon Ct. San Remon, Co 94583 (925) 314-1220 (925) 314-1229 Fax 320048.00 Drawn: Checked: SR' P"'2:" 200·48 F(11fQn RiJ ¡'¡gnl r;~y 5UTI'9Y L(¡gals IJnd P'"f~ ÞS(' 'Ç1~~lT ~f.rjw - pst - .kIn OJ, Z(}05, 3:39pm"