HomeMy WebLinkAboutItem 4.07 TrafficSgnlEaseHexcel (2)SUBJECT:
ATTACH2MENTS:
AGENDA STATEMENT
CITY CLERK FILE # 670-40 & 600-30
CITY COUNCIL MEETING DATE: September 7, 1999
Agreement with Hexcel Corporation for Traffic Signal
Easement at Dublin Boulevard and Hansen Drive
Report Prepared by~ Lee S. Thompson, Public Works Director
1)
2)
Resolution approving Agreement with Hexcel and
authorizing Mayor to execute Agreement
Agreement ,
RECOMMENDATION:
dopt Resolution approving agreement with Hexcel Corporation for'
__a~raffc-Signal Easement at Dublin Boulevard and Hanson Drive
FINANCIAL STATEMENT:
In exchange for a traffic signal easement to the City, this Agreement
would allow a traffic impact fee credit for Hexcel Corporation in the
amount of $24,817 to offset proposed project mitigation for a new
office building on the existing Hexcel site. Should Hexcel not
proceed with the building project~ Hexcel may either receive
$17,878 for the easement or elect to go through a process to appraise
the property and accept the results of the appraisal.
In addition, the City will pay I-Iexcel for their attorney's time in
representing Hexcel during these negotiations, with the amount not
to exceed $1,600.'
Should Hexcel elect to receive money instead of traffic mitigation
credit, a budget change may be necessary, depending on the final
cost of the project.
DESCRIPTION: The installation of a traffic signal at the intersection of Dublin
Boulevard and Hanson Drive required a realignment of the access to the l-Iexcel and DeSilva-Gates
properties on the south leg of the intersection. It was also necessary to obtain an easement for the
installation of a portion of the traffic signal system to be situated within the Hexcel property.
During negotiations with Hexcel for' the easement, I-Iexcel began the planning process for a new office
building on their site, which provided an additional negotiating point between the City and Hexcel for the
acquisition of the easement.
COPIES TO: Wayne Pensky, Hexcel
David Preiss~ Attorney
ITEM NO. 41,T
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'The final negotiations between City Staff and Hexcel are forrealized in the attached Agreement and
includes either a traffic impact fee offset if the Hexcel building project goes forward, or payment by the
City to Hexcel if the building project does not proceed. :
Staff is recommending that the City Council adopt the resolution the agreement with Hexcel Corporation
for a Traffic Signal Easement at Dublin Boulevard and Hansen Drive.
Page 2
RESOLUTION NO. - 99
A RESOLUTION OF THE CITY COUNCH,~
OF THF~ CITY OF DUBLIN
APPROVING AGREEMENT WiTH HEXCEL CORPORATION
TO ACQI3RE A TRAFFIC SIGNAL EASEMENT FOR THE
DUBLIN BOULEVARD WIDENING PROJECT AT HANSEN DRIVE
WHEREAS, the City of Dublin is making certain improvements to Dublin Boulevard at its
intersection with Hansen Drive; and
WHEREAS, these improvements include the installation of a traffic signal at said intersection
which will require the acquisition of an easement from Hexcel Corporation; and
WHEREAS, the City wishes to enter an agreement with Hexcel Corporation for the acquisition of
said property;
NOW, TI-IEREFORE, BE. IT RESOLVED'that the City C6Uncil'Of the City of Dublin approves
the agreement with Hexcel Corporation for acquiring a traffic signal easement at Dublin Boulevard and
Hansen Drive.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 7th day of September, 1999.
AYES:
NOES:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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AGREEMENT
THIS AGREEMENT, is made and entered into this 7th day of September, 1999, by and between
the CITY OF DUBLIN, a Municipal Corporation (heroinafter called "CITY"), and Hexcel Corporation, a
corporation of the State of California (hereinafter called "HEXCEL").
The City of Dublin proposes to install a traffic signal at the intersection of Dublin Boulevard and
Hanson Drive and modify the entrance to the Hexcel property to accommodate said signal. The City
further requires an easement and right-of-entry from Hexcel to install these improvements.
The parties hereto mutually agree to the terms and conditions set forth herein,
The City agrees to perform the following items:
The project will be constructed by the City, based on the set of City plans entitled "Project Plans for
the Widening of Dublin Boulevard and Modifying the Intersection of Dublin Boulevard and Hartsen
Drive" presented to Hexcel on May 13, 1999, with two modifications: a) The City revised the front
sheet to show Hexcel's ownership of the former Reimers Way right-of-way; b) The former Reimers
Way access will be maintained for two-way traffic to the future office building proposed to be
developed by Hexcel (said plans, as so modified and as approved on June 14, 1999, by the
Director of Public Works, being herein referred to as the "Plans," and said project, as depicted on
the Plans, b~ing herein .referred to as_the "Project') ..................
The Project will not cause Hexcel to experience any interruption in services, including water, gas
and electric.
The Project will not result in storm runoff being diverted onto the Hexcel property. The grading of
the Hexcel parking lot area is toward the street gutter and will drain away from the parking lot.
The City will add two (2) full-sized parking spaces to the existing lot in the front parking area for a
total of twelve (12) spaces.
The City warrants that the design, construction, and installation of the Project shall be free from
defects in materials and workmanship for one (1) year following the completion of the installation of
the Project.
The City will require the contractor to coordinate with Mr. Ed Moniz of Hexcel for the location of
irrigation pipes, removal of median island, curb, gutter and miscellaneous work within the Hexcel
property to have direct communication between the City contractor and Hexcel.
The City has prepared the legal descriptions and maps for the amended DeSilva and Bicentennial
Square Partners easement. The City will pay for the drafting and filing fees of the easement in an
amount not to exceed $1,600.
A set of final plans and specifications for the Project has been provided to Hexcel. A copy of the
"as-built' plans and specifications will be provided to Hexcel by the City (at no cost to Hexcel)
promptly following completion of the Project.
9. Access to the two entrances to Hexcel Corporation property will remain open during construction.
10.
The City will minimize any interruptions to the Hexcel irrigation system during construction of the
Project. The contractor will be required to use temporary plastic pipes to connect any displaced
pipes and minimize interruption to the system.
11. The City shall maintain the traffic signal at the intersection of Dublin Boulevard and Hansen Drive,
including the detector loops located in the Hexcel property. Upon execution of an easement
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satisfactory to Hexcel Corporation and the City, the City will acquire an easement for traffic signal
purposes from Hexcel to construct and maintain the signal equipment and detector loops to be
placed in Hexcel's property. The City has prepared the legal description of the easement.
13. The Contractor shall be given ninety (90) working days to complete the Project with a completion
date of October 29, 1999.
14.
The City shall indemnify, defend and hold Hexcel, its directors, officers, employees and agents,
harmless from and against all actions, damages, liabilities, claims, losses or expenses of every
type, including attomeys' fees, incurred by reason of, or resulting from, the performance or
maintenance of the Project In addition, and without limiting the preceding indemnity provisions, the
City shall comply with all insurance requirements set forth in Attachment A to this Letter of
Agreement
15.
The City shall not in any form or manner seek to obtain from Hexcel payment or contribution for the
cost of the design, maintenance, or installation of any of those improvements comprising a portion
of the Project and listed on Attachment B to this Letter of Agreement (regardless of actual cost of
those improvements~ nor seek to recoup from Hexcel the credit or payment of $24,817 (described
below) to Hexcel, including but not limited to by way or means of an impact fee, or general or
special tax or assessment
16. This Letter of Agreement runs with the land, and the benefits and burdens thereof run to any
successors and assigns of the parties.
With respect to Hexcel Corporation's proposal to build a 36,000+ square foot, two-story office building
adjacent to its existing facility in Dublin (the "Proposed Building"), or if Hexcel Corporation seeks any
other permit that requires payment of any traffic mitigation fees, the City agrees to the following:
The City shall give Hexcel Corporation traffic mitigation credit for dedicating the aforementioned
easement to the City for traffic signal purposes. This credit is in the amount of $24,817 for a
calculated easement area of 2,554 square feet. The credit may be used by Hexcel against any
traffic impact fee imposed by the City on the Hexcel property in the future for impacts on roads in
Dublin. The amount of the credit will not increase with inflation, nor shall interest accrue on it
However, at Hexcel Corporation's option, and whether or not any permits or entitlements are ever
sought for the Proposed Building, the City shall pay the "value of the easement' directly to Hexcel
Corporation upon demand given at any time within ten (10) months after the date of Hexcel's
execution of this Agreement.
The "value of the easement" for the purposes of payment to Hexcel shall be determined by the
following process: The City shall hire and pay for a licensed appraiser to appraise the easement at
the time that Hexcel elects to request repayment. Said appraiser shall be acceptable to Hexcel
before hiring by City. The resulting appraised "value' shall be binding on both Hexcel and the City.
In lieu of the appraisal process to determine the "value", Hexcel may elect to accept payment from
the City of the sum of $17,878 prior to the City expending monies for the appraisal.
If Hexcel elects not to demand payment within the time allotted, the credit will run with the Hexcel
property.
Nothing herein shall be deemed to: a) create any obligation or agreement on the part of Hexcel to
proceed with the Proposed Building; b) create any obligation or agreement on the part of Hexcel to
pay any traffic mitigation fee that the City may at any time seek to impose on Hexcel; or c)
constitute any waiver by Hexcel of any objection to any traffic mitigation fee that the City may at any
time seek to impose on Hexcel.
The City concurs that the traffic signal at the intersection of Dublin Boulevard and Hanson Drive will
continue to operate at an adequate level of service considering the added traffic from the Proposed'
Building. No other traffic signal improvements will be required by the City at the Hexcel entrance.
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The City also concurs that the new access being proposed along former Reimers Way for the
Proposed Building will not conflict with the DeSilva driveway to the west and that only minor traffic
signage, such as STOP sign(s), will be required to control local traffic.
Hexcel Corporation agrees to perform the following:
Grant permission to the City of Dublin, its agents, employees, and assigns, to enter upon the
Hexcel Corporation property located at 11711 Dublin Boulevard with such personnel, equipment,
machinery, vehicles, and material as may be necessary for the sole purpose of reconfiguring the
parking lot in front of the Hexcel building, re-align the entrance for DeSilva-Gates and Hexcel
properties into the Dublin BoulevardlHansen Drive intersection, and install traffic signal
improvements, all as depicted on the Plans for the Project. The permission shall remain in full force
and effect from the date of full execution and delivery of this Letter of Agreement, and until
December 31, 1999, unless terminated earlier or extended, in writing, by both parties and is
conditioned upon:
The execution. by Hexcel Corporation and the acceptance by the City of Dublin of an
easement satisfactory to both parties for traffic signal purposes; and
ii.
The execution by Hexcel Corporation, DeSilva and Bicentennial Square Partners of
documentation satisfactory to all parties for the realigned right-of-way easement caused by
the Project.
IN VVITNESS WHEREOF, the
opposite their names.
aarties hereto have signed this Agreement on the date set forth
DATE:
CITY OF DUBLIN,
A Municipal Corporation
By
Mayor
DATE:
HEXCEL CORPORATION,
A Califomia Corporation
By
Wayne Pensky
Vice President and Corporate Controller
ATTEST:
ORIGINAL APPROVED AS TO FORM:
City Clerk
City Attorney
Attachment A: Insurance Requirements
Attachment B: Dublin Boulevard Improvements at Hansen Drive
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,
Attachment A
Insurance Requirements
The City of Dublin shall procure and maintain for the duration of any right of entry
and the easement period, insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with such entry or the performance of
any work by or on behalf of the City.
Minimum Scope of Insurance
2.1 Coverage 'shall be at least as broad as:
2.1.1 Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
2.1.2.
Insurance Services Office form number CA 0001 covering Automobile
Liability, symbol 1 (any auto).
2.1.3. Workers Compensation insurance as required by the State of California
and Employers Liability Insurance.
Minimum Limits of Insurance
3.1 The City shall maintain limits no less than:
3.1.1.
General Liability: $5,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general agyegate limit is used, either the general
agUegate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
3.1.2. Automobile Liability: $5,000,000 per accident for bodily injury and
property damage.
3.1.3. Employer's Liability: $5,000,000 per accident for bodily injury or
disease.
Self-Insured Retentions. Any self~insured retentions must be declared to and approved
by Hexcel. At the option of the City, either: the insurer shall reduce or eliminate such
self-insured retentions as respects Hexcel, and its officers, directors, and employees; or
the City shall provide a financial guarantee satisfactory to Hexcel guaranteeing payment
of losses and related investigations, claims administration and defense expenses.
Other Insurance provisions. The general liabiliW and automobile liabiliw policies are to
contain. or be endorsed to contain. the following provisions:
5.1
Hexcel. its officer, directors and employees are to be covered as insureds with
respect to liability arisin~ out of automobiles owned. leased. hired or borrowed
bv or on behalf of the City. and with respect to liability arisin~ out of work or
operations performed by or on behalf of the City. includin~ materials. parts. or
equipment furnished in connection with such work or operations.
5.2
For any claims related to any work performed by the City, the City's insurance
coverage shall be primary insurance as respects Hexcel, its officers, directors and
employees. Any insurance or self-insurance maintained by Hexcel shall be excess
of the City's insurance and shall not contribute with it.
5.3 Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled by either party, except after thirty (30) days 'prior
written notice has been given to Hexcel, except that ten (10) days notice is
._ _permitted if the policy is canceled for non-payment of premium.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Bests's rating of no less than A-VII.
Verification of Coverage. The City shall furnish Hexcel with original certificates and
amendatory endorsements effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by Hexcel before work commences.
Hexcel reserves the right to require complete, certified copies of all required insurance
policies, including endorsements effecting the coverage required by these specifications
at any time.
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Attachment B
DUBLIN BLVD. IMPROVEMENTS AT HANSEN DRIVE
CONTRACT #99-06
IMPROVEMENTS WITHIN HEXCEL CORP. PROPERTY
1 Traffic Signal System'
2 Remove Curb/Gutter
(300 LF @ $3..25/LF)
3 Remove Sidewalk/Curb Ramp (320 SF
@$2.60/SF)
4 Remove Existing Pavement
(5850 SF @ $1.25 SF)
5 Remove Median Island
(2,145 SF @ $1.00ISF)
6 Aggregate Base
(725 CY @ $34.00/CY)
7 Asphalt Concrete
(330 Tons @ $38.25FFon)
8 Slurry Seal
(850 SY @ $1.50/SY)
9 Minor Concrete
(40 CY @ $335.00/CY)
10 Roadway Excavation
(500 CY @ $8.15/CY)
11 Misc. Items (Traffic Control, Clearing & Grubbing)
(10% of $11,700:00)
$132,685
$ 975
$ 832
$ 7,313
$ 2,145
$ 24,650
$ 12,622
$ 1,275
$ 13,400
$ 4,075
$ 1,170
TOTAL
$ 201,142 (say $201,200)
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