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Home My WebLink About4.05 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 ". ; g;\miscproj\I-580 Fallon Rd\agst 580fallon design agmt amendment 9-21-04 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.. /bf; 1 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 ot .. 21 -0 1.4 AITACHMENT I. <+,6 ~UÖl 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 ~ _.. _lço_~fe 7[~~U710/1 8rtJ 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 2 4utJ1 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.- 5l1fJ? 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 g:develop\lnterchanges\Fallon\lInagrtfallondeslgn (J)1J 1 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 2 1'IfJ 7 JENNIFER lIN By:oÞ~Qd- Martin W Inderbitzen Attorney at Law