HomeMy WebLinkAbout4.06 I-580/FallonImprov
CITY CLERK
File # O[¡[Q]Q]-W
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 7, 2005
SUBJECT:
ATTACHMENTS:
RECOMMENDATION: ¥
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FINANCIAL STATEMENT:
Amendment No. 3 to the Agreement between Jennifer Lin and the
City of Dublin for Design of the I-580/Fallon Road Interchange
Improvements Capital Improvement Program (CIP) Project
Report Prepared by: Melissa Morton, Public Worh Directur
1)
2)
Resolution, together with Exhibit "A," Amendment No.3
Original Agreement dated May 16, 2000, Amendments
No. I and 2
Adopt Resolution approving Amendment No. 3 to the Agreement
between Jennifer Lin and the City of Dublin for design of the
1-580/Fallon Road Interchange Improvements
Current Design Cost:
Original Agreement, Amendments No. I and 2:
$ 1,380,252
Cost Brcakdown of Amendment No.3:
Dublin-Related Design
Pleasanton-Related Design
$ 200,663
$ 17,508
$ 218,17]
TOTAL:
$ I.59M23
Pleasanton-Related Design:
Amendment NO.2:
Amendment No.3:
TOTAL:
$ 92,095
$ 17.508
$109,603
Amcndmcnt No.3 would require Jennifer Lin to pay the additional
cost of design for the Phase I improvements of the I-580/Fallon
Road Interchange project, including the design cost of Pleasanton-
related improvements, for a total of $218, I 71. The City anticipates
that Pleasanton would contribute $109,603 in the future, which shall
be reimbursed to Jennifer Lin upon receipt of said funds from
Pleasanton.
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COPIES TO: Martin lnderbitzeD, LiD Allomey
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The Developer (Lin) will reccive a credit in accordance with the
City's adopted Traffic Impact Fee (TIF) guidelines against payment
of the future Eastern Dublin TIFs equal to $1,488,820, which is the
total cost of design work, less the Pleasanton-related design cost.
The Developer will not receive a TIF credit for the $109,603
payment associated with the Pleasanton-related design tasks unlcss
these design tasks arc incorporated into the Eastern Dublin TIF.
DESCRIPTION: Improvement of the I-580IFallon Road Interchange is a required
mitigation for the Dublin Ranch developments in Areas A-E and F, G & H. In September 2004, the City
Council approved Amendment No.2 to thc agrcement between Jennifer Lin and the City of Dublin for
design of the interchangc improvements project. Amendment No. 2 to the Lin agreement provided
additional funds for design of other improvements mandated by Caltrans, which included the widening of
the westbound off-ramp to two Janes and adding an auxiliary lane 1,300 feet in advance of the two-lane
exit. After Caltrans' review of the addcd features and resultant environmental impacts, it was determined
that the ramps must be redesigned to lessen the environmental impact of the project. In addition, Caltrans
has requested additional right-of-way mapping effort and Pacific Gas & Electric (PG&E) has requestcd
incorporation of a PG&E gas line in the proposcd freeway overcrossing structure. More spccifically,
these activities include thc following:
1. Realign Westbound off-ramp and loop off-ramp: To reduce the impact of the project to ditchcs where
red-legged frogs and California tiger salamanders could migrate, the westbound loop on-ramp and the
westbound off-ramp are being realigned to lessen the environmental impact of the project. This
requires redesign of the ramps and revision oflhe plans and specifications.
2. Prepare Biological Opinion: A biological opinion is being required by Caltrans and the U.S. Fish and
Wildlife Service as part of thc project environmental document.
3. Prepare contract plans for installation of exclusion fencing jòr red-legged frogs and California tiger
salamanders: One of the mitigations required by Caltrans and the U.S. Fish and Wildlife Service is the
installation of wildlife exclusion fencing.
4. Preparation of legal description and exhibit for Public Service Easement: Several utilities are being
relocated to make room for the project and a public service easement is required to accommodate these
relocated utilities.
5. Incorporation ufPG&E casing and gas line: PG&E has requested to include a 10" casing and a 6" gas
line in the overcrossing structure for a future gas line connection on Fallon Road. The scope of work
includes design modifications to the existing bridge abutments.
6. Additional details for ADA requirement.,: Additional construction details are being requircd by Caltrans
and the Department of the State Architect in compliance with AOA requirements.
The additional cost of Amendment No.3 is $218, I 7 I. The developer of Dublin Ranch (Lin ) has agreed
to pay the entire amount, which includes thc design cost of Pleasant on-related improvements.
Staff recommends that the City Counci1 adopt the resolution approving Amendment No. 3 to the
Agreement between Jennifer Lin and the City of Dublin for design of the I-580/Fallon Road Interchange
Improvements.
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENT NO.3 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 developments in Areas A-E and F, G &
H requires improvement ofthe J-580/Fallon Road Interchange; and
WHEREAS, the City and Jennifer Lin have agreed to the preparation of dcsign documents related
to this interchange including Amendments No.1 and 2; and
WHEREAS, a credit against payment of future Category 2 Eastcm Dublin Traffic Impact fees
will be provided to offset each of Jennifer Lin's payments of costs related to the project;
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council approves Amendment
No.3 to the Agreement with Jennifer Lin regarding preparation of the expanded design scope and costs
for the I-580lFallon Interchange Improvements project.
BE IT FURTHER RESOL VED that the Mayor is authorized to execute Amendment No.3 to the
Agreement, attached hereto as Exhibit "A."
PASSED, APPROVED AND ADOPTED this 7th day of June, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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AMENDMENT NO.3 TO AGREEMENT BETWEEN JENNIFER LIN AND CITY
OF DUBLIN REGARDING DESIGN OF THE I-SSD/FALLON ROAD
INTERCHANGE IMPROVEMENTS
THIS THIRD AMENDMENT is entered into this2.-c/ day of !Î!!.:L, 2005,
between the City of Dublin, a municipal corporation ("City") and Jennifer Un
("Lin"). (Collectively, City and Lin 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, and September 21,2004, entitled "Agreement
Between Jennifer Lin and City of Dublin Regarding Design and Construction of
the 1-580jFallon Road Interchange Improvements" ("the Agreement"),
B. Pursuant to the Agreement, Lin deposited $1,380,252 to fund the
preparation of construction documents for the 1-58D/Fallon Road Interchange
Improvements.
C. 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 $218,171. Of this cost, $17,508 is Pleasanton-related, and the
City anticipates that Pleasanton would contribute this amount in the future.
D. 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 an additional deposit
equal to $218,171, of which $17,508 shall be reimbursed to Un upon receipt of
such funds from Pleasanton, pursuant to the terms set forth in the Agreement
and this Third Amendment.
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 ,598,423 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 $109,603 associated with the design of the
interchange project ("the Pleasanton Contribution"). Within 30 days' of its receipt
Amendmont No. 3 to Lln Agreement Rogardlng
Doolgn of 1-58OIFallon Road Interchange
EXlDBIT A.
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of the Pleasanton Contribution (or any portion thereof) from the City of
PJeasanton, 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 thePleåsanton 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
$109,603 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
JE
LlN
Janet Lockhart, Mayor
es Tong,
horized Representative
By:
ATTEST
Kay Keck, City Clerk
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AGREEMENT BETWEEN JENNIFER LlN
AND CITY OF DUBLIN
REGARDING DESIGN OF THE 1-S801FALLON 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 Un ("Un").
RECITALS
A.
Un owns approximately 1 ,333 acres of land located within the area generally known as
Eastern Dublin. Some of Un'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 Un'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 Lin
a credit against payment of Mure Eastern Dublin Traffic Impact Fees in an amount equal
to the funds advanced.
AGREEMENT
Now, therefore, City and Un 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 Z.
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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 Obllaation 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 LIN
By: .
..-r:
Martin W, Inderbitzen,
Attorney at Law
By:
ATTEST
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AMENDMENT 1 TO AGREEMENT BETWEEN JENNIFER LIN
AND CITY OF DUBLIN
REGARDING DESIGN OF THE 1-580IFALLON ROAD INTERCHANGE
IMPROVEMENTS
THIS AMENDMENT is entered into this I ¡; day of MAý 2001, between the City of
Dublin, a municipal corporation ("City") and Jennifer Lin ("Lln").
RECITALS
A Through an existing agreement dated May 16,2000, Un agreed to fund
payment of construction documents for the 1-580/Fallon Road Interchange
Improvements. The existing agreement Is attached hereto as Exhibit A.
B. Pursuant to Paragraph 1 of the existing agreement, City has retained CCS
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 exìsting agreement is
hereby increased from $663,180 to $754,470 to reflect the additional deposit.
3. The existing agreement remains in effect except as specifically modified
herein.
CITY OF DUBLIN
By:
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Guy S. Hou$ton, Mayor
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JENNIFER LIN
By:~n) 0(1-
Martin W Inderbltzen
Attorney at Law
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AMENDMENT NO.2 TO AGREEMENT BETWEEN JENNIFER LIN AND CITY
OF DUBLIN REGARDING DESIGN OF THE I-SSD/FALLON ROAD
INTERCHANGE IMPROVEMENTS
THIS SECOND AMENDMENT is entered into this .2/4tay OfJær2004,
between the City of Dublin, a municipal corporation ("City") and Jennifer Lln
("Lin"). (Collectively, City and Lin 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 Lln and City of
Dublin Regarding Design and Construction of the 1~580/Fallon Road Interchange
Improvements· ("the Agreement").
B. Pursuant to the Agreement, Lin 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 Lin 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 otder 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 Lin upon receipt of such
funds from Pleasanton, pursuant to the terms set forth in the Agreement and this
Amendment.
Amondment No. to ~In Agreem.nt R,¡gardlng
DoIgn 01 I-6801Fallon Road Intmllang'
Seplemb&r 7. 2004
Page 1 012
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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 shsll be returned to Lln 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 UN
By:
By, ~
Martin W Inderbltze
Attorney at Law
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