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permitting, inspection, etc. The "Final Cost Estimate" based upon the low bid received <br />on April 29 is $32,488,007 and includes all project "soft costs" consistent with the <br />Planning Level Estimate. The Final Cost Estimate also includes a contingency equal to <br />10 percent of the construction bid amount for any unforeseen cc,nditions discovered <br />during construction. Of the $32,488,007 Final Cost Estimate, $13,035,389 is for the <br />Stoneridge Drive and 1-680 Project, $16,870,742 is for the JDEDZ Street Improvements, <br />and $2,581,876 is for the right-of-way needed to construct the JDEDZ Street <br />Improvements. Attachment 2 is the Final Cost Estimate and represents the cost <br />estimate by the same name referenced in Section 3.2 of the Agreement. <br />Paraphrasing Section 3.2 of the Agreement, if the Final Cost Estimate is significantly <br />different than the Planning Level Estimate, the City and Costco shall meet and confer to <br />seek a solution. If the City and Costco cannot determine an acceptable solution, either <br />party can terminate the Agreement. However, if the City terminates the Agreement, it <br />will be required to reimburse Costco half of the design costs incurred by Costco for the <br />JDEDZ Project to the date of termination. Expecting the Final Cost Estimate would <br />exceed the Planning Level Estimate due to delayed implementation; City staff began <br />discussions with Costco representatives before the bid opening to consider possible <br />solutions. <br />Resulting from those discussions, staff believes the Agreement should be amended to <br />reflect the Final Cost Estimate and City budgeting to date to implement the JDEDZ <br />Project. Costco is prepared to move forward with the project under the terms of the <br />Agreement as it exists but understands staffs concerns and is agreeable to amending <br />the Agreement as proposed. The staff recommendations within this agenda report are a <br />solution to move forward with the JDEDZ Project understanding the Final Cost <br />Estimate, but the conclusion of the report includes a brief discussion regarding how the <br />option to terminate the Agreement would be implemented. <br />DISCUSSION <br />Improvement Plans <br />Similar to City Council's approval of City capital improvement projects that are prepared <br />by the City staff or hired consultants to construct infrastructure in the public right-of-way, <br />it is appropriate for City Council to approve the improvement plans prepared by Costco <br />to construct the traffic mitigation measures in the public right-of-way if the JDEDZ <br />Project is to move forward. Costco hired two engineering firms, Kier + Wright Civil <br />Engineers & Surveyors, Inc. and Mark Thomas, to prepare the engineering plans and <br />seek the permits necessary to construct the JDEDZ traffic mitigation measures. Both <br />engineering firms worked closely with City staff as the improvement plans were <br />developed. The improvement plans are consistent with the requirements of the CEQA <br />documentation for the JDEDZ Project. The improvement plans comply with the City of <br />Pleasanton's Standards and Specifications and Caltrans' Standards and Specifications, <br />as appropriate. The City of Pleasanton's Director of Engineering has reviewed and <br />approved the improvement plans. Caltrans has reviewed the improvement plans and is <br />prepared to issue the required permits for the work planned in the Caltrans right-of-way. <br />It is recommended that the City Council approve the improvement plans prepared by <br />Page 4 of 11 <br />