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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 16,1999
SUBJECT:
ATTACHMENTS: 1)
2)
3)
4)
RECOMMENDATION: 1)
2)
\0t;12s--
. FINANCIAL STATEMENT:
Amendment to Agreement with High Quality Engineering (HQE)
(Modification to Scope of Work and Additional Compensation)
Report Prepared by: Lee S. Thompson, Public Works Director
Resolution
Agreement
Budget Change Form
Amendment No. I Budget Summary
3)
Adopt Resolution Approving Amendment to Contract
Authorize a Capital Improvement Project for the
construction of improvements to the I-580/Hacienda Drive
interchange, the design of which is to be completed in FY
1998-99.
Approve Budget Change
This amendment adds a not-to-exceed contract amount of$127,290
to the existing agreement with High Quality Engineering (HQE).
The cost of the work performed by HQE is paid by developers
through Eastern Dublin Traffic Impact Fees, and there is no cost to
the City.
DESCRIPTION: On June 16, 1998, the City Council approved an agreement with
High Quality Engineering (HQE) for preparation of a Permit Engineering Evaluation Report (PEER) for
the Hacienda Drive/I-580 and the interim Tassajara Road/I-580 Improvement Projects. The original fee is
a not-to-exceed contract amount of $90,000. The PEER report is required by Caltrans for them to review
and approve the needed improvements within Caltrans right-of-way that are warranted by Koll Business
Center, People Soft and other approved development projects in the Alameda County Surplus Authority
Santa Rita Development.
Now that the PEER report is in the final stages of being approved by Caltrans, Staff is proposing to
extend the original agreement ofHQE to include preparation of Plans, Specifications, and Estimate
(PS&E) for the Hacienda Drive/I-580 improvement project. Caltrans has indicated that once the PEER
has been approved, the interchange improvement plans need to be submitted and approved for the
issuance of a Caltrans encroachment permit for the proposed improvements. The proposed improvements
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COPIES TO:
g:\engr\hqe\agstamnd
Heidi Ouren, HQE
ITEM NO. 4.11
include a double left-turn pocket in Hacienda Drive into Alameda County Site 16 (People Soft).
Improvements also include the widening of an eastbound offramp left turn pocket and widening of a ,
westbound onramp at the Hacienda Drive interchange with 1-580 (on the Pleasanton side of the freeway)
HQE estimates the cost of preparation of the PS&E for the Hacienda/I-580 improvements to be $161,500.
The balance remaining from the original $ 90,000 contract is $34,210 that will be applied towards the
preparation of the PS&E. The additional budget needed to complete the PS&E for the Hacienda/I-580
improvements is $ 127,290 (see amendment No.1 Budget Summary, $161,500- $34,210= $127,290) that
will bring the total contract amount to $ 217,290 ($90,000 + $127,290= $ 217,290). The work will be
billed on a time-and-materials basis. The Alameda County Surplus Property Authority, as a developer,
has approved the payment of this cost under a separate agenda item at this Co"uncil Meeting.
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Staff recommends that the City Council adopt the resolution approving the amendment to the.agreement
and authorize a Capital Improvement Project for the construction of improvements to the I-580/Hacienda
Drive interchange.
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RESOLUTION NO. - 99
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AGREEMENT WITH HIGH QUALITY ENGINEERING
FOR CONSULTING SERVICES
WHEREAS, future freeway and inter-agency infrastructure is planned to be constructed as part of
the development process in Eastern Dublin; and
WHEREAS, these improvements relate to the 1-580 interchange at Hacienda Drive in Caltrans
right-of-way; and
WHEREAS, these improvements are necessary at the I-580lHacienda Drive Interchange for the
establishment of adjacent private developments; and
WHEREAS, the City desires to utilize the services of High Quality Engineering to prepare a
Permit Engineering Evaluation Report (PEER), preparation of Plans, Specifications, and Estimate (PS&E)
for the I-580lHacienda Drive Interchange and provide coordination with CaItrans and other agencies;
.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the agreement with High Quality Engineering for consulting services.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 16th day of February, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
.
City Clerk
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STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
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THIS AGREEMENT is made at Dublin, California, as of February 2, 1999, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and High Quality Engineering
("Consultant"), who agree as follows:
I. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to City the services described in Exhibit A. . Consultant shall provide said
services at the time, place, and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B
shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no
manner be specified in Exhibit B, then according to the usual and customary procedures and practices
which Consultant uses for billing clients similar to City.
3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at
its sole cost and expense, furnish all facilities and equipment which may be required for furnishing
services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit C.
.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of
this Agreement. In the event of any inconsistency between said general provisions and any other terms or
conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the
general provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. SUBCONTRACTING. The Consultant shall perform the work contemplated with
resources available within its own organization and no portion of the work pertinent to this contract shall
be subcontracted without written authorization by the City, except that which is expressly identified in
the Consultant's proposal.
7. CHANGES. City may from time to time require changes in the scope of the services by
Consultant to be performed under this Agreement. Such changes, including any change in the amount of
Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as
amendments to this Agreement only when in writing.
8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project
for the duration of the project. There shall be no change in the Project Manager or members of the
.
Agreement
Page I of2
01/27/99
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HQE Fax:925-934-6933
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project team without prior written approval by the City. The Project Manaeer for Consultant shall be
Geore' Homolka.
9. CONTRACT ADMINISTRATIQ~. This AJreement shall be administered by LEE S.
THOMPSON (" Administrator"). All corresp~ndence shall be directod to or through the Administrator or
his Ot designee.
10. NOnCE-S. Any written noticeJo Cilft.'\Ultant.shall be sent to:
Hoidi M. Ouren
High Quality Engineering
2116 N. Main Street. Suite K
Walnut Crcek. CA 94596
An)' written dotice to City shall he sent to:
Lee S. Thompson
Director of Public W!)rk,/City Enaincer
P. O. Box 2340
Dublin, CA 94561
Executed as of the day first above slated:
ClTY OF' DUBLIN,
a municipal corporation
By
"City"
Attest:
City Clerk
By 4';:;l-1U~
"Consultant'l
Approved as to fonn:
City Attorney
Awreement
Pagl: 2 of 2
01727/99
EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
Scope of Services:
I) Final Preparation of a Permit Engineering Evaluation Report (PEER) for the Hacienda
Drive/I-580 and Encroachment Permit application for freeway improvements of the 1-
580IHacienda interchange. This work includes the preparation of Plans, Specifications, and
Estimate (PS&E) for the Hacienda Drive/1-580 improvement project, securing a permit from
Caltrans to construct improvements within the State Right-of-Way and coordinating with other
agencies.
2) Provide engineering and environmental services to complete a Permit Engineering Evaluation
Report (PEER) /Encroachment Permit application for the freeway improvements of the
Tassajara-1-580 freeway interchange. Work includes the preparation of Plans, Specifications,
and Estimate (PS&E) for the Tassajara 1-580 interchange, securing a permit from Caltrans to
construct improvements within the State Right-of-Way and coordinating with other agencies.
Work is to be performed on an as-needed basis.
Exhibit A
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01/27/99
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EXHIBIT B
PAYMENT SCHEDULE
City shall pay Consultant at a rate of $11 0 per hour, not to exceed the total sum
of One Hundred Twenty Seven Thousand Two Hundred Ninety Dollars ($.127,290) for services
to be performed pursuant to this Agreement. Consultant shall submit invoices on a monthly
basis.
City shall make no payment for any extra, further or additional service pursuant to
this Agreement unless such extra service and the price therefor is agreed to in writing executed
by the City Manager or other designated official of City authorized to obligate City thereto prior
to the time such extra service is rendered and in no event shall such change order exceed twenty-
five percent (25%) of the initial contract price.
The services to be provided under this Agreement may be terminated without
cause at any point in time in the sole and exclusive discretion of City. If the Agreement is
terminated by City, Consultant shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials to the effective date of
such termination. In that event, all finished and unfinished documents and other materials shall,
at the option of the City, become City's sole and exclusive property. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement.
Consultant shall maintain adequate logs and time sheets in order to verify costs incurred to date.
The Consultant is not authorized to perform any services or incur any costs
whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Dublin.
Exhibit B
Page 1 of 1
02/08/99
EXHIBIT C
City shall furnish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Contractor's use while consulting with City employees
and reviewing records and the information iJ;l possession of City. The location, quantity, and
time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall
City be obligated to furnish any facility which may involve incurring any direct expense,
including, but not limiting the generality of this exclusion, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Exhibit C
Page 1 of 1
01/27/99
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EXHIBIT D
GENERAL PROVISIONS
1. . INDEPENDENT CONTRACTOR. At all times during the tenn of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of Consult3?t's engineering services rendere~
pursuant to this Agreement; however, City shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement.
2. LICENSES: PERMITS: ETC. Consultant represents and warrants to City that he has all
licenses, pennits, qualifications and approvals of whatsoever nature which are legally required
for Consultant to practice his profession. Consultant represents and warrants to City that
Consultant shall, at his sole cost and expense, keep in effect at all times during the tenn of this
Agreement any licenses, permits, and approvals which are legally required for Consultant to
practice his profession.
3.
TIME. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of Consultant's
obligations pursuant to this Agreement.
4.
INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be included in the
Consultant's bid.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL
0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form CG
0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
(3) Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
B.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
Exhibit D
Page 1 of 4
01/27/99
(1) General Liability: $500,000 combined single limit per occurrence for bodily .
injury, personal injury and property damage. If commercial General Liability
Insurance or other fonn with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $300,000 combined single limit per accident for bodily
injury and property damage.
(3) Workers Compensation and Employers Liability: Consultant has no employees
and shall execute a Workers Compensation Waiver indicating such.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials and employees; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
(1)
General Liability and Automobile Liability Coverages.
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(a) The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or
on behalf of the Consultant; products and completed operations of the
Consultant, premises owned, occupied or used by the Consultant, or
automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of the protection
afforded to the City, its officers, officials, employees or volunteers.
(b) The Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
(d)
The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of .
the insurer's liability.
Exhibit D
Page 2 of 4
01/27/99
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(2)
Worker's Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Consultant for the City.
(3) All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:VIII.
F.
Verification of Coverage. Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the right
to require complete, certified copies of all required insurance policies, at any time.
G. The Risk Manager of City may approve a variation of those insurance requirements upon
a determination that the coverages. scope, limits and forms of such insurance are either
not conunercially available or that the City's interests are otherwise fully protected.
5. CONSUL T ANT NO AGENT. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City
to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or obligation
pursuant to this Agreement shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to
this Agreement. In the event that City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, Consultant shall, inunediately upon
receiving notice from City of such desire of City, cause the removal of such person or persons.
STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
Exhibit D
Page 3 of 4
01/27/99
practitioner of the profession in which Consultant is engaged in the geographical area in which .
Consultant practices his profession. All instruments of service of whatsoever nature which
Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first
class and workmanlike manner and conform to the standards of quality normally observed by a
person practicing in Consultant's profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all
responsibility for the work, shall bear all losses and damages directly or indirectly resulting to
him, to any sub consultant, to the City, to City officers and employees, or to parties designated by
the City, on account of the negligent performance or character of the work, unforeseen
difficulties, accidents, occurrences or other causes predicated on active or passive negligence of
the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the
City, its officers, officials, directors, employees and agents from and against any or all loss,
liability, expense, claim, costs (including costs of defense), suits, and damages of every kind,
nature and description directly or indirectly arising from the negligent performance of the work.
This paragraph shall not be construed to exempt the City, its employees and officers from its O\\TI
fraud, willful injury or violation of law whether willful or negligent. For purposes of Section
2782 ofthe Civil Code the parties hereto recognize and agree that this Agreement is not a
construction contract. By execution of this Agreement Consultant acknowledges and agrees that
he has read and understands the provisions hereof and that this paragraph is a material element of
consideration.
Approval of the insurance contracts does not relieve the Consultant or subconsultants from
liability under this paragraph.
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10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant shall comply with all applicable
rules and regulations to which City is bound by the terms of such fiscal assistance progranl.
11. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys,
photographs, memoranda or other written documents or materials prepared by Consultant
pursuant to this Agreement shall become the property of City upon completion of the work to be
performed hereunder or upon termination of the Agreement. No such materials or properties
produced in whole or in part under this Agreement shall be subject to private use, copyrights, or
patent rights by Consultant in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority to publish, disclose (as may be
limited by the provisions of the California Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
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Exhibit D
Page 4 of 4
01/27/99
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CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required):
Budget Transfers:
From Unappropriated Reserves
From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
Between Departments (City Council Approval Required)
Other
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Name: EXPENSE
Hacienda Drive/I-580 Interchange
Improvements (Design Work) $ 176,790
X From New Revenues
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Name:
Account #:
Name:
Account #: 300-XXXX-740-078
Name: EXPENSE
Hacienda Drive/I-580 Interchange
Improvements - Staff Time
Account #: 300-XXXX-701-001
Name: REVENUE
Reimbursement for Hacienda
Drive/I-580 Interchange
Improvements - Staff Time
Account #: 300-1000-570-005
Name:
$ 178,500
$ 1,710
Account #:
Name:
Account #:
Name:
Account #:
Account #:
City Manager:
Date:
Signature
REASON FOR BUDGET CHANGE ENTRY: Preliminary design studies have been completed, and it is
proposed to go forward with Design Documents for the improvements at the Hacienda DrivelI-580
Interchange. Costs will be paid through Developer (Alameda County Surplus Property Authority) advances to
Traffic Impact Fees.
As Apl1t2yed at the City Council Meetillgpn: Date:
Mayor:
Date:
Signature
Posted By:
Date:
Signature
G:engrlhqe\hudgchng.dnc
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City of Dublin
Hacienda Drive/I-580 Interchange Improvements
And Left-Turn Pocket on Tassajara Road
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Amendment No.1 Budget Summary
Project Name
Original Contract
for PSR
Additional Budget
for PS&E
Revised Total
Contact Amount
Hacienda Drive/I-
580
$ 49,500
* $127,290
$176,790
Tassajara Road./I-
580
$ 40,500
$0
$ 40,500
Totals
$ 90,000
$ 127,290
$ 217,290
Total budget for Plans, Specification, Estimate (PS&E)
Less Remaining in current PSR contract
*Total additional budget ofPS&E
=$ 161,500
- $ 34.210
$ 127,290
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