HomeMy WebLinkAbout4 Paving agreement TDPUD and TSD Agenda Item #
Memorandum
To: Board of Directors
From: Peter L. Holzmeister
Date: February 15, 2002
Subject: Paving agreement between TDPUD and TSD
TDPUD and TSD require the services of a paving contractor each year to install patch
paving in roads where we have repaired water or sewer lines. Neither TDPUD nor TSD
has enough paving on its own to efficiently manage a paving contract, so we thought it
might be advantageous to join our efforts, resulting on one larger contract.
Neil Kaufman has been working with staff from Truckee Sanitary District so establish a
cooperative paving program. The attached document describes an agreement for
interagency cooperation between TSD and us. If the Board approves this agreement we
will implement it and see how it works.
RECOMMENDATION: I recommend that the Board approve the Truckee Donner Public
Utility District /Truckee Sanitary District Agreement for Interagency Cooperation
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
TRUCKEE SANITARY DISTRICT
AGREEMENT FOR INTERAGENCY COOPERATION
This Agreement is entered into this day of February, 2002, by and between
Truckee Donner Public Utility District ('TDPUD"), a local public agency of the State of
California, and Truckee Sanitary District ("TSD"), a local public agency of the State of
California. TDPUD and TSD may be referred to individually as "Party", or collectively as
"Parties".
RECITALS
WHEREAS, both Parties are local public agencies whose operations from time to time require
them to make cuts into the pavement of public streets for purposes of installation, repair, and
replacement of water and sewer lines; and
WHEREAS, the Parties contract with outside vendors to provide pavement repair services and
are required by applicable law to solicit bids for such contracts and award the contracts to the
lowest responsible bidder; and
WHEREAS, the Parties believe that by soliciting bids for a joint contract to provide paving
services to both Parties (the "Contract") it will be possible to attract more bidders and award a
contract with lower per-job costs for each Party, thus reducing each Party's paving costs; and
WHEREAS, the Parties are informed by their respective legal counsel that issuance of the
Contract is within the Parties' respective statutory authority; and
WHEREAS, the Parties wish to define and set forth the terms under which they wish to
cooperate in the solicitation of bids for, award of, and administration of the Contract;
NOW, THEREFORE, in consideration of the foregoing recitals, the Parties hereto agree as
follows:
1. The Parties will jointly develop contract specifications, contract terms, bid documents,
and all other documents required for the solicitation of bids and award of the Contract.
No solicitation of bids shall be made nor disclosure of bid documents or drafts thereof
made to prospective bidders until both Parties have approved all documents to be
generated in connection with the Contract.
2. The Parties shall jointly determine which bidder is the lowest responsible, responsive
bidder, and the Contract shall be awarded to the bidder which the Parties jointly
determine to be the lowest responsible, responsive bidder.
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3. All Contract documents and procedures pertaining to the solicitation of bids, award, and
administration of the Contract shall comply with the provisions of California law
applicable to the Parties.
4. The Contract shall be structured in such a way that the successful bidder's only avenue
for seeking payment for work performed for one of the Parties shall be to seek payment
from the Parry for which the work was performed, and that neither Party shall bear any
liability to the successful bidder for payment for work requested by the other Party. The
Contract shall be structured so that compensation is on a per-square-foot, per-lineal-foot,
or similar basis, such that each Party pays only for work it requests.
5. Except as otherwise provided in this paragraph, each Party shall bear its own costs,
attorneys' fees, expenses and liabilities incurred in the defense of any claim and/or action
against a Party or initiated by a Party involving a dispute arising from the Contract. The
Parties shall jointly defend, and jointly be liable for costs, attorneys' fees, expenses and
liabilities incurred in the defense of any action claiming that award of the Contract was
beyond the scope of one or both Parties' statutory authority. Each Party agrees to
indemnify, defend and hold harmless the other Party, its directors, officers, employees
and agents,from and against any and all claims and/or actions arising from a dispute over
payment for work requested by the indemnifying Party.
6. The undersigned representatives of the Parties represent and warrant that they are
authorized representatives of TDPUD and TSD, and that they have been duly authorized
to enter into this Agreement.
TRUCKEE DONNER TRUCKEE SANITARY DISTRICT
PUBLIC UTILITY DISTRICT
By: By:
Title: Title:
Dated: Dated:
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