HomeMy WebLinkAbout4.11 DSRSD RecycH2OLine CZTY CLERK
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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:
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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
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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
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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,
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general contractor, is the apparent lowest responsible
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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
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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,
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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,
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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
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aggregate amount for City's overhead,
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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.
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(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,
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"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
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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.
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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
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