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HomeMy WebLinkAbout4.07 TrafficSgnlEaseHexcelCITY CLERK File # ❑ ©❑6 - 0 AGENDA STATEMENT z- . ®O CITY COUNCIL MEETING DATE: September 7,1999 SUBJECT: Agreement with Hexcel Corporation for Traffic Signal Easement at Dublin Boulevard and Hansen Drive Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution approving Agreement with Hexcel and authorizing Mayor to execute Agreement 2) Agreement RECOMMENDATION: dopt Resolution approving agreement with Hexcel Corporation for a Traffic Signal Easement at Dublin Boulevard and Hansen 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 Hexcel 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 Hansen Drive required a realignment of the access to the Hexcel 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, Hexcel 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. g: I miscproj l dubhansen l agsthxclagmt. doc J1 '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 g:Xmiscproj\dubhansen~resohxclagmtdoc 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 -1- 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. -2- 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 g:~niscpro]~dubhansenVTxcelagrnt. dec -3- , 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. g:miscproj\dubhanscn\attachAhxcl~mt. doc 2 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) g:miscproJ~dubhansen~dublin blvd