HomeMy WebLinkAboutItem 4.09 Sorrento Neighborhood Square
CITY CLERK
File # D[kl]~~-~[[l
000-.3V
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 21,2007
SUBJECT:
Improvements for the 2-Acre Neighborhood Square at Sorrento
Report Prepared by Rosemary Alex, Parks and Facilities
Development Coordinator
2)
3)
,".
RECOMMENDATIO~)
2)
1) Agreement Regarding Proposed
Sorrento at Dublin Ranch
Change Order #2
Budget Change Form
Neighborhood Square III
ATTACHMENTS:
~.
Authorize the Mayor to execute the Agreement with Toll
Brothers.
Authorize the Mayor to execute Change Order #2 with Jensen
Corporation
3) Approve Budget Change
FINANCIAL STATEMENT:
Proposed site improvements are estimated at $34,825, including a
10% contingency
DESCRIPTION: On April 3, 2007 the City Council awarded the construction contract
for the Area F Neighborhood Square to Jensen Corporation. The neighborhood square is located in the
Sorrento residential development currently under construction by Toll Brothers.
While the 2-acre neighborhood square is presently under construction, Toll Brothers is requesting that the
City include additional improvements as part of its contract with Jensen Corporation. Toll Brothers will
reimburse the City the cost of the improvements that includes the following:
1) Increase the size and the quantity ofItalian cypress planted at the square's plaza adjacent to
the homeowners association's recreation facility. This is done to mitigate the wind tunnel
occurring through the recreation facility's tower.
2) Install sod in lieu of grass seed. The site will look more finished and will be useable for
Toll Brother's grand opening scheduled for September 29_30th.
-------------------------------------------------------------------------------------------------------------
COpy TO: Toll Brothers Incorporated and Jensen Corporation
Page 1 of2
ITEM NO. Lf. q
~~
G:\COUNCIL\Agenda Statements\2007\8-2I Area F Square Improvements.doc
3) Install three sections of the concrete path at play area. At this juncture of the project it is
more efficient for the City's contractor to complete the work originally part of Toll
Brothers scope of work.
In order to complete the work the City will need to charge the costs to the general fund. This is required
since the proposed work is in addition and separate from the public facility fees assessed to Toll Brothers
for the residential development. Since the project currently does not have general funds allocated for
construction, a budget change is required. As shown in the Agreement (Attachment #1), the estimated
cost for the work including 10% contingency is $34,825. Concurrently with this action, the City Council
will need to authorize the Mayor to execute Change Order #2 (Attachment #2) with Jensen Corporation.
RECOMMENDATION: Staff recommends that the City Council
1) Authorize the Mayor to execute the Agreement
2) Authorize the Mayor to execute Change Order #2 with Jensen Corporation
3) Approve Budget Change
~.~ ~.
/ '14
AGREEMENT
This agreement is entered into this _ day of August 2007 by and between Toll Brothers Incorporated
("Toll") and the City of Dublin ("City") regarding the development by the City of the 2-acre square (a
public park) in Toll Brothers' Sorrento development.
Recitals
A. The City has awarded a construction contract to Jensen Corporation to complete certain
public improvements to the 2-acre square ("the Square") within the Sorrento development that Toll is
presently constructing in the City of Dublin.
B. Following the completion of the adjacent private recreation facility that will serve the
residents of the development, Toll discovered that the layout of the structures created an undesirable
"wind tunnel" effect, and Toll has proposed that the City install some additional planting within the
Square to mitigate this effect.
C. In addition, Toll desires to use a portion of the Square for an event on the weekend of
September 29 & 30 and therefore has proposed that sod, rather than grass seed, be used so as to make
the Square available for said event.
D. In a separate agreement dated November 7,2006, Toll agreed to complete the oval
concrete walkway within the Square, and the parties now believe it would be more efficient to have the
City's contractor complete a portion of the work.
E. The City is willing to issue change orders to its contractor to complete the extra work,
provided that Toll agrees to fully compensate the City for the additional costs resulting from the extra
work.
Agreement
NOW, THEREFORE, the City and Toll agree to the following terms:
1) Additional Work. The City will issue change orders to its contractor to perform the following
additional work ("the Additional Work"):
a. Additional Planting. Install twelve 36" box Italian cypress rather than the eight 15 gallon
called for in the plans and specifications for the square and revise irrigation at the plaza
adjacent to the private recreation center. The estimated cost of this additional work is
$10,049.00.
b. Sod Installation. Install sod rather than the grass seed called for in the plans and
specifications for the Square. The estimated cost of this additional work is $18,130.
c. Concrete Walkway Installation. Install the three sections of concrete walkway that bisects
the. two play areas located within the Square. The estimated cost of this additional work is
$3,480. If circumstances arise that require additional concrete walkway be completed by
the City's contractor, the estimated per-square-foot cost will be $12.
#-=4' q
ATTACHMENT 1
~~lt
2) Deposits and Payments by Toll for Additional Work. Concurrently with its execution of
this Agreement, Toll has deposited the sum of $34,825 with the City. This amount constitutes
the City's estimate of the cost of the Additional Work plus a 10% contingency. In .the event,
that the cost of the Additional Work exceeds the deposited amount, the City will invoice Toll,
and Toll shall pay the invoiced amount to City with 30 days of the date of the invoice. Toll
will not receive any credits or reimbursements from the City of Dublin's Public Facility Fees
for amounts paid under this Agreement. In the event that the cost of the Additional Work is
less than the deposited amount, the City shall return the remaining funds to Toll at the time the
project is accepted by City Council, not later that December 31,2007.
3) Date for Completion of Sod Installation. The City will direct its contractor to install the sod,
and will use reasonable business efforts to ensure that the sod is installed, by Friday, August
24,2007. The parties acknowledge that the contractor's ability to install the sod by Friday,
August 24, 2007 is contingent upon electrical service being available by August 1 ih and
completion of the plaza by August 17th. Toll will make every effort to complete the work in
the plaza that it is responsible for by Friday August 17th. The City or its contractor Jenson is
authorized to use power from the Recreation Center until the Parks permanent electrical service
is installed.
4) Use of Square by Toll for Special Event. The parties agree that temporary construction
fencing surrounding the Square will remain in place until September 28, 2007. During the
weekend of September 29-30, the City hereby authorizes, in consideration of Toll's donation of
certain construction work in conjunction with the Square improvements, Toll to utilize the park
as part of a special event. Toll has another Special Event on Sept 15th and 16th. Toll will
remove the chain link fence for that weekend and install shorter barrier, such as 4' stakes and
ribbon. It is understood by both parties that there will be no public access to the park for this
event. Toll would re-install the chain link on the morning of the 17th. For each event in order
to determine the condition of the Square, the City and Toll will survey the conditions of the
Square immediately before each event and after. Toll agrees to promptly pay the City for the
costs of any damage, as determined by the City in its sole discretion, to the Square
improvements due to its special event.
5) Between September 28,2007 and January 1,2008 ("the Establishment Period"), Toll Brothers
will post signs in both English and Spanish that inform the public that the Square site is off-
limits. The City will approve of the final language and quantity of signs. Toll will be
responsible for preventing its work force from using the Square site during the Establishment
Period. If these means are not effective in avoiding public access to the Square site, as
determined by the City, the City may direct Toll to reasonably perform additional measures to
avoid public use of the Square site, which may include requiring Toll to re-install a temporary
fence surrounding the Square site for the duration of the Establishment Period.
The persons signing below are authorized by the parties to agree to these terms.
City of Dublin
. i~v--
By:
Name:
Title:
Date:
3~4
CITY OF DUBLIN
CONTRACT CHANGE.ORDERNO.2
PROJECT: Area F NeighbQrhQQdSquar(!
Contract No. 07.03
TO: Jensen Corporation
PAGE 1 OF 1
AGREEMENT DAmD April 3, 2007
between Jensen Corpor;itil)o and tbeCity
of Dublin
Vou are hereby directed to make the herein described changes from the scope of services or do the following described work not included
in the scope of services on this contract.
NOTE: This cban2e order is noteFrectlve until annroved bv the City Manu2er
Description of WOrk to be done. estimate of quantities, and price:! tp be paid. Segregate between additional work atcontractprice,agreed
price and foroe account Unless olherwisestated, rates for rental of equip me III cover only such time as equipmentisactually used and 00
allowance Will be made foddle time.
Chanlle reUllested bv: The City of Dublin
I . Variolls revisions to the sCOpe of work including I) Installing twelve 36"hox Italian Cypresl> and ungati()tt
modifications in lieu of eight 15 gaUonltalian cypress ($10,049),.2) Install sod in lieu of grass. seed ($18.130) and 3)
Instal.1 three pedestrian concrete panels and correcthase rock at play area ($3,480). Unit price revisio~ l!fi(t
contraCtor proposals provide further <.Iescription(attachl:ldhereto}.
COST INCREASE: $31,659
SUBMITTED BV:
APPROVAL RECOMMENDED BV
APPROVED BV
Melissa Morton Date
Public Works Direclor
Richard C. Ambrose
City Manager
Date
Janet Lockhart
Mayor
Date
We, the undersigned COnll"llctor, have given careful consideration to the change propoSed and h~by agree, if this proposal is approved, to
llHterms of thiscbange order, and to provldeall eql)ipmetlt and [urnishan materials exccptllS may otherwise be noted above,Md to
perfonn all services necessary. for the work above specified, and to accept as full paYment the prices and time extensionsShQwn above fOI"
any and all costalld time impacts resulti"g f~om this change prder.
BA:ce;.t....~ """"""'" "-_,,
J '...r~ Title Prolect Manaj!er
Juan Galindo
ATTACHMENT 2
CITY OF DUBLIN
BUDGET CHANGE FORM
Ll &;( Ll
CHANGE FORM #
New Appropriations (City Council Approval Required):
Budget Transfers:
From Unappropriated Reserves
(If Other than General Fund, Fund No -
_x_ From New Revenues
From Budgeted Contingent Reserve (10800-799.000).
Within Same Department Activity
Between Departments (City Council Approval Required)
Other
Name:
Name: Dublin Ranch Neighborhood Parks
General Fund
Account #:
Name:
Account #: 001.95640.750.050
Name: Developer Contribution General Fund
$34,825
Account #:
Name:
Account #: 001.570.020
Name:
Account #:
Name:
Account #:
Name:
Account #:
Name:
Account #:
Name:
Account #:
Account #:
ASD/Fin Mgr
~7)
" 0.--
Date:
~<j/o1-
Signature
REASON FOR BUDGET CHANGE ENTRY:
Additional contribution from developer, in order to complete the additional improvements for the 2-acre
neighborhood square located in the Sorrento development.
City Manager:
(~ -
/.> l' _ .
~
Date: ~..A if ;G7
Signature
As approved at the City Council Meeting on: Date:
Mayor:
Date:
Signature
Posted By:
Date:
Signature
H:ICC-FORMSIFORM-budget change. doc
ATTACHMENT #3