HomeMy WebLinkAboutAgenda Report - November 15, 2000 E-16CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Authorize the City Manager to Execute a Joint -Use Agreement with Lodi Unified
School District, and a Design Services Agreement with Booker Gery Hickman
Architects, for a Bus Wash Facility at 820 South Cluff Avenue ($45,000)
MEETING DATE: November 15, 2000
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Authorize the City Manager to execute a joint -use agreement with
Lodi Unified School District (LUSD), and a design services agreement
with Booker Gery Hickman Architects, for a bus wash facility at
820 South Cluff Avenue in an amount not to exceed $45,000.
BACKGROUND INFORMATION: The City Council approved the purchase of bus wash equipment
from Sherman Supersonic Industries (SSI) on June 21, 2000. At
that time, staff indicated we were working with LUSD on an
agreement to install the equipment at the LUSD Corporation Yard at
820 South Cluff Avenue and share its use. LUSD will contribute $180,000 towards the construction
costs. LUSD's Board of Trustees has already approved the agreement. (Copy attached.)
Since the installation involves modifications to a LUSD building, LUSD selected an architect to prepare
plans and specifications for the project. Booker Gery Hickman Architects was selected to provide civil,
electrical, mechanical and architectural services for an amount not to exceed $45,000. Once the plans
and specifications are completed, they will be brought to City Council for approval.
FUNDING: FTA $36,000 (80%)
TDA $ 9,000 (20%)
Richard C. Prima, Jr.
Public Works Director
Prepared by Carlos Tobar, Transportation Manager
RCP/CT/lm
attachment
cc: Dennis Callahan, Fleet and Facilities Manager
Mamie Starr, Asst. Supt., LUSD Facilities and Planning Dept.
APPROVED:
Dixon Flynn -- City Manager
CLUSDJOINTUSE&DESIGN
11/06/00
AGREEMENT FOR CONSTRUCTION AND
RECIPROCAL USE OF THE GANTRY WASHBAY
SYSTEM BETWEEN CITY OF LODI AND LODI
UNIFIED SCHOOL DISTRICT
THIS AGREEMENT ("Agreement"), is entered into this day of ,
by and between the CITY OF LODI ("City"), and LODI UNIFIED SCHOOL
DISTRICT OF SAN JOAQUIN COUNTY ("District").
WITNESSETH:
WHEREAS, City and District have a mutual interest in efficiently using taxpayer
funds; and
WHEREAS, City and District have a mutual interest in presenting to the public
clean vehicles and saving vehicle wash operating costs; and
WHEREAS, District is in need of various water -quality improvements related to
drainage at 820 S. Cluff Avenue; and
WHEREAS, District desires to maintain and operate the gantry washbay system
in exchange for City's contribution to project; and
WHEREAS, City and District have in the past, executed a series of agreements
for the mutual benefit and use of facilities and services.
NOW, THEREFORE, BE IT AGREED between City and District as follows:
I. FACILITIES INCLUDED IN THIS AGREEMENT
A. Unless otherwise specified, this Agreement covers the following District facility:
District Transportation Facility, 820 S. Cluff Avenue
B. Unless otherwise specified this Agreement covers the following City furnished
equipment:
Sherman Supersonic Industries Corporation Year 2000 Model 5399 Vehicle Wash
System, Recycle System, Dryer System (including Motor Control Panel) and
Under Chassis Wash.
II. CONSTRUCTION
The City of Lodi will be responsible for designing and bidding the construction portion of
this project. District to concur with plans and specifications prior to advertising project.
Construction will include slab, drains, extension of roof structure adjacent to existing
structure and drainage improvements related to wash bay and maintenance facility.
III. SCHEDULING
A. The City of Lodi may enter the District's Maintenance Facility at any time during
regular hours: Monday -Friday, 5 AM — 8 PM.
B. All vehicles, whether they are City or District vehicles, will be washed on a first-
come, first -serve basis.
IV. OPERATION AND MAINTENANCE
A. The equipment covered in this agreement is a Sherman Supersonic Industries
Corporation Year 2000 Model 5399 Vehicle Wash System, Recycle System, Dryer
System (including Motor Control Panel) and Under Chassis Wash. District will
operate and maintain the entire vehicle wash system equipment as specified by the
manufacturer, Sherman Supersonic Industries Corporation.
B. District will incur all costs associated with the routine operation, maintenance and
repair of the vehicle wash equipment. All materials, supplies and parts for operation,
maintenance and repair of the vehicle wash system must be manufacturer approved.
City retains the right to inspect files and equipment to ensure that manufacturer
approved materials, supplies and parts are being utilized.
C. If damage to the equipment occurs, District will notify the City immediately.
D. Representatives of both agencies and contractors if applicable, insurance agency
representatives if appropriate, will evaluate and review the damages, preferably
together, to assess necessary mitigation, appropriate cost, scheduled repair and final
work product.
E. In the event of damage, the City of Lodi will incur costs associated with repairs or
replacement up to $25,000.
F. In the event of damage caused by negligence, the negligent party shall be responsible
for repairs to equipment. Damage to vehicles caused by the washbay system will be
the responsibility of each agency.
G. Normal and wear tear maintenance and repairs, past the warranty period, shall be the
District's responsibility.
H. District will own, operate and maintain all concrete pads, buildings and drains.
V. COST SHARING
A. District will provide a yearly report of wash activities that shall list the City
vehicles washed, dates of usage and cost of those washes.
B. The City of Lodi shall be entitled to unlimited washes.
C. District agrees to contribute $180,000 to the City of Lodi toward the cost of
construction for this project, which includes supplemental work beyond the
requirements for the SSI washbay system.
VI. AMENDMENT TO AGREEMENT
A. This agreement may be amended at any time by agreement of both parties.
B. This agreement shall be amended by order of the Lodi City Council and the Lodi
Unified School District Board of Education if it is determined that the cost per
vehicle wash for City of Lodi vehicles is higher or lower than $4. The purpose
for review of costs is so that neither agency receives a greater economic benefit
than originally anticipated. The length of the term may be adjusted to a mutually
agreed upon length of time.
VII. HOLD HARMLESS/INSURANCE
A. DISTRICT: District agrees to indemnify and save harmless City and its elected
officials, appointed officers, employees and agents ("Indemnitees') from and
against all claims of whatever nature arising from any act, omission, or negligence
of District or District's contractors, licensees, agents, servants, or employees, or
arising from any accident, injury, or damage whatsoever caused any person, or to
the property of any person, occurring during the term hereof, in or about the
premises where such accident, damage, or injury, including death, results, or is
claimed to have resulted, from any act or omission on the part of District or
District's agents or employees. This indemnity and hold harmless agreement shall
include indemnity against all costs and expenses, including attorney's fees
incurred in or in connection with any such claim or proceeding brought thereon
and the defense thereof.
District agrees to maintain in full force during the term hereof a policy of public
liability insurance under which District is named as insured, and containing an
additional named insured endorsement naming Indemnitees as additional insureds,
and under which the insurer agrees to indemnify and hold District and Indemnitees
harmless from and against all costs, expenses, and liability arising out of, or based
upon, any and all property damage, or damages for personal injuries, including
death, sustained in accidents occurring in or about the premises, where such
accident, damage, or injury, including death, results, or is claimed to have resulted,
from any act or omission on the part of District, or District's agents or employees.
The minimum limits of such insurance shall be $1,000,000.00 (One Million
Dollars). In addition to the additional named insured endorsement on District's
policy of insurance, said insurance policy shall be endorsed to include the
following language:
"Insurance as is afforded by the endorsement for additional insureds
shall apply as primary insurance. Any other insurance maintained by
the City of Lodi or its officers, employees and agents shall be excess
only and not contributing with the coinsurance afforded by this
endorsement."
A duplicate or certificate of said public liability and property damage insurance
policy containing the above -stated required endorsements shall be delivered to City
within ten (10) days after the issuance and each renewal of said policy.
B. CITY: City agrees to indemnify and save harmless District and its elected
officials, appointed officers, employees and agents ("Indemnitees") from and
against all claims of whatever nature arising from any act, omission, or negligence
of City or City's contractors, licensees, agents, servants, or employees, or arising
from any accident, injury, or damage whatsoever caused any person, or to the
property of any person, occurring during the term hereof, in or about the premises
where such accident, damage, or injury, including death, results, or is claimed to
have resulted, from any act or omission on the part of City or City's agents or
employees. This indemnity and hold harmless agreement shall include indemnity
against all costs and expenses, including attorney's fees incurred in or in
connection with any such claim or proceeding brought thereon and the defense
thereof.
City agrees to maintain in full force during the term hereof a policy of public
liability insurance under which City is named as insured, and containing an
additional named insured endorsement naming Indemnitees as additional insureds,
and under which the insurer agrees to indemnify and hold City and Indemnitees
harmless from and against all costs, expenses, and liability arising out of, or based
upon, any and all property damage, or damages for personal injuries, including
death, sustained in accidents occurring in or about the premises, where such
accident, damage, or injury, including death, results, or is claimed to have resulted,
from any act or omission on the part of City, or City's agents or employees. The
minimum limits of such insurance shall be $1,000,000.00 (One Million Dollars).
In addition to the additional named insured endorsement on City's policy of
insurance, said insurance policy shall be endorsed to include the following
language:
"Insurance as is afforded by the endorsement for additional insureds
shall apply as primary insurance. Any other insurance maintained by
the City of Lodi or its officers, employees and agents shall be excess
only and not contributing with the coinsurance afforded by this
endorsement."
A duplicate or certificate of said public liability and property damage insurance
policy containing the above -stated required endorsements shall be delivered to
District within ten (10) days after the issuance and each renewal of said policy.
VIII. TERMS OF AGREEMENT
A. Term of this agreement shall be for ten (10) years with a review one-year from the
commencement of services and every year thereafter.
B. District or City may not cancel this agreement without prorated compensation to
City by District. Compensation shall be $12,000 for each remaining year in the
agreement.
CITY OF LODI, a municipal corporation LODI UNIFIED SCHOOL DISTRICT
H. DIXON FLYNN
City Manager
Dated:
Attest:
SUSAN J. BLACKSTON
City Clerk
Approved as to Form:
RANDALL A. HAYS
City Attorney
Dated:
CITY COUNCIL
STEPHEN J. MANN, Mayor
ALAN S. NAKANISHI
Mayor Pro Tempore
SUSAN HITCHCOCK
KEITH LAND
PHILLIP A. PENNINO
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209)333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
November 8, 2000
Ms. Mamie Starr, Assistant Superintendent
Facilities and Planning Department
Lodi Unified School District
1305 East Vine Street
Lodi, CA 95240
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Clerk
RANDALL A. HAYS
City Attorney
RICHARD C. PRIMA, JR.
Public Works Director
SUBJECT: Authorize the City Manager to Execute a Joint -Use Agreement with
Lodi Unified School District, and a Design Services Agreement with
Booker Gery Hickman Architects, for a Bus Wash Facility at
820 South Cluff Avenue ($45,000)
Enclosed is a copy of background information on an item on the City Council agenda
of Wednesday, November 15, 2000. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Susan Blackston, City Clerk, at 333-6702.
If you have any questions about the item itself, please call Carlos Tobar,
Transportation Manager, at 333-6800, ext. 2678.
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L, Richard C. Prima, Jr.
Public Works Director
RCP/Irn
Enclosure
cc: City Clerk
NCLUSDJOINTUSE&DESIGN