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HomeMy WebLinkAbout7.1 Eastern Area Infratructure Study w 0 0 CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: September 14, 1987 SUBJECT: Agreement for Consultant Services Eastern Area Infrastructure Study EXHIBITS ATTACHED: Agreement RECOMMENDATION: Approve agreement; authorize Mayor to execute same following receipt of funds from City of Pleasanton. FINANCIAL STATEMENT: The cost of the study (not to exceed $15,000 without written approval) is being borne by property owners. The sum of $10,000 from the Lin family (through Ted Fairfield) has been deposited with the City. An additional $10,000 from NPID members will be released by the City of Pleasanton following their City Council meeting on September 15th. DESCRIPTION: As a result of the need to determine major transportation improvements required as Dublin's easterly extended planning area develops, a meeting was held on May 18, 1987, which included members of the City Council, a member of the County Board of Supervisors, property owners, and Staff members from the Cities of Dublin and Pleasanton and the County of Alameda. At that meeting, a subcommittee was formed for the purpose of seeking out and recommending to the larger ad-hoc committee an engineering consultant to compile existing transportation studies and perceived needs for Dublin's expansion to the East and to explore the possibilities of funding these improvements. The subcommittee was chaired by Dublin's City Engineer and consisted of Pleasanton's Public Works Director, Staff representation from Alameda County, and a property owner from each side of 1-580. The subcommittee met twice and then reported back to the larger committee on July 2, 1987. The recommendation was to hire Mr. John Heindel of San Jose, who owns a small engineering consulting firm and who has no ties with any of the agencies or property owners involved in the area. This recommendation was accepted based on the private property owners providing funding for the study. Half of the funding is contributed by property owners on the north side and half by property owners on the south side of 1-580. Mr. Heindel's proposal provides for payment on a time and materials basis, not to exceed $15,000. A copy of the contract is attached. Mr. Ted Fairfield has deposited $10,000 from the Lin family; Mr. Joe Elliott of the City of Pleasanton has committed an appropriation of $10,000 from NPID members, which is slated for Pleasanton City Council approval on September 15th. This study will not commit the City of Dublin to any funding or portion of funding for proposed improvements but will identify needs, costs, possible methods, and proportionate benefits for the extension of Dublin Boulevard, as well as improvements to existing and construction of new freeway interchanges east of the Dougherty Road interchange. Staff recommends that the City Council approve this contract for the study, contingent upon receipt of Pleasanton's share of the cost. ITEM NO. 7w 1 COPIES TO: Ted Fairfield Tom Terrill, Reynolds & Brown Joe Elliott, City of Pleasanton Dennis Fay, Alameda County AGREEMENT 1 THIS AGREEMENT, made and entered into by and between the City of Dublin, California, herein called City, and John H. Heindel, Consulting Civil Engineer, herein called Consultant, WITNESSETH WHEREAS, City desires to contract for certain professional engineering services in connection with certain proposed public improvements, herein called the Project and more specifically described in Exhibit A; and WHEREAS, Consultant is willing and qualified to perform said services; NOW, THEREFORE, in consideration of their mutual premises, covenants, and agreements herein set forth, City and Consultant do hereby agree as follows: I. DUTIES OF CONSULTANT Consultant's duties shall consist of Items (1) through (10) as listed under "Scope of Services," copy attached hereto as Exhibit "A." II. DUTIES OF CITY City's duties shall consist of the following: A. Make available to Consultant all plans, reports, estimates, and other data relative to the costs to be assessed and to benefits to be received by the various parcels within the Project. B. Review documents presented by Consultant and, within a reasonable time, notify Consultant of any error, omission, or other defect which City believes to be contained therein. C. Make reasonably available to Consultant for consultation City's project manager for the Project. III. MISCELLANEOUS PROVISIONS A. Neither City nor Consultant shall assign any rights or duties under this agreement to a third party without the prior written consent of the other. B. It is understood and agreed by and between the parties hereto that Consultant, in the performance of this agreement, shall act as and be an independent contractor and not an agent or employee of City. It is further agreed that City shall not under any circumstances, except through negligence of City's officers or employees, be liable to Consultant or any other person or persons acting for or under Consultant for any claims, demands, damages, or costs arising from the work performed under this agreement. it C. Consultant agrees to defend, indemnifytand hold harmless City, its officers and employees, from and against any and all claims, demands, damages, or costs arising out of or resulting in any way from Consultant's negligence with respect to the work performed under this agreement. D. The parties hereto agree to immediately and diligently proceed with their respective duties as set forth herein, to the end that the Project will be completed satisfactorily within the shortest reasonable time. E. City may terminate this agreement by giving at least ten days' written notice to Consultant in the event the Project, for reasons beyond City's control, is unable to proceed. IV. CONSULTANT'S FEE A. Amount City agrees to pay Consultant for and in consideration of the faithful performance of all Consultant's duties,- and Consultant agrees to accept from City therefor, the following: - 1. The rate of $70.00 per hour expended by Consultant, plus 115% of the actual cost of any outside services and expenses, not to exceed $15,000 without prior written City approval. Said outside services and expenses to be approved in writing by the City prior to the expense being incurred. 2. Consultant's fee as specified in A.1. above shall be full compensation to Consultant for all costs and expenses incurred by him in connection with the performance of his duties herein, including, but not limited to, cost of supplies, facilities, equipment, consultants, travel, telephone, typing, duplicating, and all other items of general overhead. B. Payment 1. Consultant's fee for the duties set forth in Section I herein, as specified in A.1. above, shall be billed and paid monthly as the work progresses, based upon actual hours expended and outside services and expenses incurred. 2. In the event this agreement is modified to require any services not specified herein, Consultant's fee for any such additional services will be billed by Consultant to City monthly at the above hourly rate and shall be due and payable upon receipt. C. Termination or Delay In the event this agreement is terminated, Consultant's fee for his services to date shall be based on actual hours expended and outside services and expenses incurred to the date of termination. V. SCOPE OF AGREEMENT . This writing constitutes the entire agreement between the parties relative to professional engineering services for the Project, and no modifications hereto shall be effective unless and until such modifications are evidenced by a writing signed by both parties to this agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year hereinafter set forth: CONSULTANT John H. Heindel Date CITY OF DUBLIN Mayor Date • ATTEST City Clerk Date EXHIBIT "A"'54, SCOPE OF SERVICES CERTAIN ENGINEERING SERVICES to accomplish the following: A. Extend Dublin Boulevard easterly from Dougherty Road to Doolan Road (including storm drain and transit right of way). B. Upgrade Highway 1-580 interchanges at Tassajara Road and at Fallon Road. C. Contribute toward the construction of a new interchange at Hacienda Drive, including a connection to Dublin Blvd. D. Related freeway improvements as may be required by Caltrans and FHWA and agreed to by Committee. MORE SPECIFICALLY, the Scope of Services is as follows: 1) Using preliminary plans and cost data available from the City or other sources, make a construction cost estimate for the extension of Dublin Boulevard and the construction of Hacienda Drive between 1-580 and Dublin Boulevard. 2) Estimate the cost of acquiring required rights of way for the Dublin Boulevard and Hacienda Drive construction, using data from a real estate appraiser or other reasonably available information. (Any agreement with an appraiser will be subject to prior City approval.) 3) Confer with City of Pleasanton, private landowners, and Caltrans staff personnel, as required, to estimate costs involved in the proposed freeway interchange upgrading and new construction. 4) Estimate the cost of incidental expenses that can be reasonably expected to be incurred if any type of district is formed. 5) Recommend a boundary for any type of district to include the improvements described in paragraphs A to D above. 6) Confer with City staff personnel and others relative to proposed land use and densities within any type of district and other factors related to benefits to be received from the proposed improvements. 7) Recommend formulae for spreading costs to the various parcels within the area. 8) Spread the benefit costs to parcels within the area using one or more of the formulae recommended in (7) above. 9) Recommend alternative financing methods, recognizing that the construction of improvements will probably be phased over several years. 10) Confer and maintain liaison with staff personnel from the City of Dublin, neighboring cities, Alameda County, and the State of California, and others as necessary to perform the above services.