HomeMy WebLinkAbout4.05 I-580FallonRdInterchg
CITY CLERK
File # D~[Q][(jl-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 21, 2004
SUBJECT:
Amendment No.2 to the Agreement between Jennifer Lin and the
City of Dublin for Design of the 1-5801Fallon Road Interchange
Improvements Capital Improvement Program (CIP) Project
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS:
1)
2)
Resolution, together with Exhibit "A"
Original Agreement dated May 16, 2000 and Amendment
No.1 dated May 1, 2001
RECOMMENDATION:~dOPt Resolution approving Amendment No.2 to the Agreement
~ between Jennifer Lin and the City of Dublin for design of the
~ 1- 580IFallon Road Interchange Improvements
FINANCIAL STATEMENT:
Current Design Cost:
Original Agreement and Amendment No.1:
2003 Additional Design cost:
$ 754,470
$ 210,559
Cost Breakdown of Amendment No.2:
Dublin-Related Design
Pleasanton-Related Design
Project Management (Cordoba)
City Staff time
$ 283,128
$ 92,095
$ 30,000
$ 10,000
$ 415.223
TOTAL:
$1.380.252
Amendment No.2 would require Jennifer Lin to pay the additional
cost of design for the Phase I improvements of the 1-5801Fallon
Road Interchange project, including the design cost of Pleasanton-
related improvements, for a total of $415,223. The City anticipates
that Pleasanton would contribute $92,095 in the future, which shall
be reimbursed to Jennifer Lin upon receipt of said funds from
Pleasanton.
The Developer (Lin) will receive a credit in accordance with the
City's adopted Traffic Impact Fee (TIP) guidelines against payment
_ _ _ _ _ _ _ _ _ _ . . _ _ _ _ _ _ _ _ _ _ _ _ _ ~ . _ _ _ _ _ _ _ _ _ _ _ _ _ ~ . _ _ _ _ _ _ _ _ _ _ _ _ M . _ _ _ _ _ _ _
COPIES TO: Martin Inderbitzen, Attorney for Jennifer 4.
l ~ éi.. ITEM NUMBER ". ;
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of the future Eastern Dublin TIPs equal to $1,288,157, which is the
total cost of design work, less the Pleasanton-related design cost.
The Developer will not receive a TIP credit for the $92,095 payment
associated with the Pleasanton-related design tasks unless these
design tasks are incorporated into the Eastern Dublin TIP.
DESCRIPTION: Improvement of the 1-5801Fallon Road Interchange is a required
mitigation for the Dublin Ranch, Areas A-E and F, G & H developments. In May 2000, the City Council
approved an agreement with Jennifer Lin for design of the interchange improvements project. The design
process consists of preparing detailed improvement plans, specifications and estimates for construction of
the Phase I project. Amendment No.1 to the Un agreement was later approved by the Council in May
2001, providing additional funds for design of other features mandated by Caltrans.
After Caltrans' review of the Project Traffic Operations Report and the 65% complete plans for Phase I,
additional major improvements were required by Caltrans to ensure that future traffic volumes on Fallon
RoadlEl Charro Road are accommodated. More specifically, these requirements included the following:
1. Mapping oj right-oj-way to be dedicated to Caltrans: The Dublin Ranch developer (Jennifer
Un) has transferred fee title of the property at the northwest quadrant of the interchange to
Dublin. This property will be transferred to Caltrans as part of the interchange improvement
project, and several maps, including the Right-of-Way Map, Appraisal Map, Record Map, and
Record of Survey monumentation map, all need to meet Caltrans standards.
2. Revisions to the Phase 1 project and Ultimate Interchange Concept: After Caltrans and FHW A
reviewed the geometry for the Phase 1 project, Caltrans indicated that all single-lane on-ramps
need to be widened to two lanes. This will require additional field survey, design and cost
estimating.
3. Additional Ramp Requirements: Caltrans has also requested that the westbound off-ramp be
widened to two lanes as a mitigation measure to reduce traffic impacts on the freeway. In
addition to widening the off-ramp to two lanes, Caltrans standards also require an auxiliary lane
1,300 feet long in advance of the two-lane exit. This will require updating the environmental
documents, geotechnical and materials reports, site investigation report, and drainage report; and
updating the combined Project Study ReportlProject Report.
4. Update Traffic Operations Analysis Report: Caltrans has requested an evaluation of the City's
Phase 1 project to reflect the use of Year 2025 traffic forecasts, including revisions to the traffic
calculations.
5. Additional Caltrans Design Requests: Based on the latest Caltrans design policies, the City is
required to prepare a Stonn Water Data Report, a Request for Exception from Federal ADA
standards, and to design slope paving under the Fallon Road overcrossing.
The additional cost of Amendment No.2 is $415,223. The Dublin Ranch developer has agreed to pay the
entire amount, which includes the design cost of Pleasanton-related improvements.
Staff recommends that the City Council adopt the resolution approving Amendment No. 2 to the
Agreement between Jennifer Lin and the City of Dublin for design of the 1-5801Fallon Road Interchange
Improvements.
Page 2 "'bc9..
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RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENT NO.2 TO AGREEMENT
WITH JENNIFER LIN REGARDING DESIGN OF THE
I-580/FALLON ROAD INTERCHANGE IMPROVEMENTS
WHEREAS, a part of the mitigation for the Dublin Ranch Areas A-E and F, G & H developments
requires improvement of the I-580lFallon Road Interchange; and
WHEREAS, the City and Jennifer Un have agreed to the preparation of design documents related
to this interchange including Amendment No.1 dated May 1,2001; and
WHEREAS, a credit against payment of future Category 1 Eastern Dublin Traffic Impact fees
will be provided to offset each of Jennifer Un's payments of costs related to the project;
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council approves Amendment
No.2 to the Agreement with Jennifer Lin regarding preparation of the expanded design scope and costs
for the 1-5801Fallon Interchange Improvements project.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute Amendment No.2 to the
Agreement, attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 21st day of September, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:miscproj\580Fallon\reso Un design agrmt amend #2.doc
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AITACHMENT
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AMENDMENT NO.2 TO AGREEMENT BETWEEN JENNIFER LIN AND CITY
OF DUBLIN REGARDING DESIGN OF THE l-saO/FALLON ROAD
INTERCHANGE IMPROVEMENTS
THIS SECOND AMENDMENT is entered into this _ day of _ 2004,
between the City of Dublin, a municipal corporation ("City") and Jennifer Un
("Un"). (Collectively, City and Un are referred to as "the Parties.")
RECITALS
A. The Parties are parties to a certain agreement dated May 16, 2000,
and amended May 1,2001, entitled "Agreement Between Jennifer Un and City of
Dublin Regarding Design and Construction of the 1-580/Fallon Road Interchange
Improvements" ("the Agreement").
B. Pursuant to the Agreement, Un agreed to fund the preparation of
construction documents for the 1-580/Fallon Road Interchange Improvements up
not to exceed $754,470, and Un has made various payments to the City in
accordance with the Agreement.
C. After the execution of the Agreement, City and the City of
Pleasanton agreed that certain additional improvements not contemplated in the
Agreement be made at the 1-580/Fallon Road Interchange, which improvements
are associated with proposed developments in Pleasanton, and the City of
Pleasanton agreed to contribute up to $202,671 toward the design of these
improvements.
D. In conjunction with those additional improvements, CalTrans
required certain additional Dublin-related design work that was not contemplated
in the Agreement, the cost of which was $210,559, and Un has contributed this
amount to the City.
E. Caltrans has now required the City to include certain additional
improvements in the interchange design, some of which are Dublin-related and
some of which are Pleasanton-related, and the total cost of design for these
improvements is $415,223. Of this cost, $92,095 is Pleasanton-related, and the
City anticipates that Pleasanton would contribute this amount in the future.
F. In order to ensure the timely completion of the preparation of the
construction documents for the 1-580/Fallon Road Interchange improvements,
City has requested that Un, and Un has agreed to, provide a deposit equal to
$415,223, of which $92,095 shall be reimbursed to Un upon receipt of such
funds from Pleasanton, pursuant to the terms set forth in the Agreement and this
Amendment.
Amendment No. to Un Agreement Regarding
Design of I·SSO/Fallon Road Interchange
EXHIBIT ~
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NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations and covenants herein '
contained, City and Developer agree to amend the Agreement as follows:
AGREEMENT
Section 1. Paragraph 2 of the Agreement is amended to read as
follows:
"Un has deposited a total of $1,380,252 with the City pursuant to the
terms of this Agreement that City will use to cover City's costs of the construction
document preparation as set forth in paragraph 1 above. City anticipates
receiving from the City of Pleasanton $92,095 associated with the design of the
interchange project ("the Pleasanton Contribution"). Within 30 days' of its receipt
of the Pleasanton Contribution (or any portion thereof) from the City of
Pleasanton, City agrees to pay to Un the Pleasanton Contribution (or any portion
thereof). The City has no duty to reimburse Un in the event that the City of
Pleasanton does not make the Pleasanton Contribution. Any funds remaining
from the deposit shall be returned to Un following completion of the construction
documents. "
Section 3. The following sentence is hereby added to the end of the first
sentence of Paragraph 3 of the Agreement:
"Notwithstanding the foregoing, Un shall receive no TIF credit for its
$92,095 payment associated with the Pleasanton Contribution, unless the
TIF is amended to include the costs associated with the Pleasanton
Contribution. "
Section 4. The existing agreement remains in effect except as specifically
modified herein.
CITY OF DUBLIN
JENNIFER LlN
Janet Lockhart, Mayor
By~ ""'"
Martin W Inderbitze
Attorney at Law
By:
ATTEST
Kay Keck, City Clerk
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AGREEMENT BETWEEN JENNIFER LlN
AND CITY OF DUBLIN
REGARDING DESIGN OF THE 1-S8D/FALLON ROAD INTERCHANGE IMPROVEMENTS
THIS AGREEMENT is entered into this 16th day of May, 2000, between the City of Dublin, a municipal
corporation ("City") and Jennifer Lin ("Lin").
RECITALS
A.
Un owns approximately 1,333 acres of land located within the area generally known as
Eastern Dublin. Some of Lin's property is within the City of Dublin and the remainder of
Un's property is within the City's sphere of influence.
B.
City has adopted a traffic impact fee (Eastern Dublin Traffic Impact Fee) to pay for road
improvements necessary in Eastern Dublin.
c.
City's Eastern Dublin Specific Plan ("Specific Plan") designates land uses for Lin's
property. Lin will be required to pay an Eastern Dublin Traffic Impact Fee when Un
develops her property.
D.
A final design that consists of the preparation of construction documents, Improvement
Plans, Specifications, and estimates is required by Caltrans in connection with
improvements to the Fallon Road 11-580 Interchange.
E.
Lin has agreed to advance funds to City for retention of a consultant to prepare
construction documents as provided in this agreement and City has agreed to provide Un
a credit against payment of future Eastern Dublin Traffic Impact Fees in an amount equal
to the funds advanced.
AGREEMENT
Now, therefore. City and Lin agree as follows:
1. Consultant
City will retain a consultant to prepare construction documents for the Fallon Road 11-580
Interchange. City intends to enter into an agreement with a consultant within 30 days of
this agreement.
2. Pavment
Un will pay an initial deposit of $200,000 to City contemporaneous with execution of this
agreement to be used by City to cover City's costs of the construction document
preparation as set forth in paragraph 1 above. Any funds remaining shall be returned to
Un following completion of the construction documents. Lin shall deposit additional funds
when requested by the City's Public Works Director but not to exceed an additional
$463,180 for a total contribution of $663,180.
ATTACHMENT-Zu.-
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3. Credit Aaainst TIF
City shall provide a credit to Un in the amount of Un's payment for the construction
documents. The amount of the credit shall not be increased for inflation nor shall interest
accrue on the amount of the credit. The credit may be used in the manner and subject to
the provisions of City's administrative guidelines including any amendments to such
resolution for use of TIF credits.
4. No Obliaation to Accrove Proiect
This agreement shall not be construed as providing Un with any assurance that any
application for a land use entitlement will be granted by City for Un's property.
CITY OF DUBLIN
JENNIFER LlN
By: ,
~'
Martin W, Inderbitzen,
Attorney at Law
By:
ATTEST
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AMENDMENT 1 TO AGREEMENT BETWEEN JENNIFER LlN
AND CITY OF DUBLIN
REGARDING DESIGN OF THE 1-680IFALLON ROAD INTERCHANGE
IMPROVEMENTS
THIS AMENDMENT is entered into this ¡6 day of J1l¡ý 2001, between the City of
Dublin, a municipal corporation ("City") and Jennifer Lin ("Un").
RECITALS
A. Through an existing agreement dated May 16, 2000, Un agreed to fund
payment of construction documents for the 1-5801Fallon Road Interchange
Improvements. The existing agreement is attached hereto as Exhibit A.
B. Pursuant to Paragraph 1 of the existing agreement, City has retained ecs
Planning and Engineering to prepare the referenced construction documents.
C. Pursuant to Paragraph 2 of the existing agreement, Un paid an initial deposit
of $200,000 to City upon execution of the agreement, and paid additional
funds for a total of $ 663,180.
D. Due to changes to the original scope of work, additional funds are required to
complete design of the interchange improvements. The purpose of this
amendment to the existing agreement is to provide for an additional deposit to
fund the additional design costs, and to increase the amount of the total
contribution accordingly.
AGREEMENT
Now, therefore, City and Un agree as follows:
1. The deposit provisions in Paragraph 2 of the existing agreement are revised
to provide that Un will pay an additional deposit of $91 ,290 to City
contemporaneous with execution of this amendment to be used·by City to cover
City's additional costs of the construction document preparation as set forth in
paragraph D above.
2. The total contribution amount in Paragraph 2 of the existing agreement is
hereby increased from $663,180 to $754,470 to reflect the additional deposit.
3. The existing agreement remains in effect except as specifically modified
herein.
,.
.~
CITY OF DUBLIN
By:
~~
Guy S. Houston, Mayor
J:\wpd\Mnrsw\ 114\OO1\2001\Agree\fa/lonrd.design.amend.041 O(2).doc
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1'IfJ 7
JENNIFER lIN
By:oÞ~Qd-
Martin W Inderbitzen
Attorney at Law