SR 05:188 - Laserfiche WebLink

accomplish that extension, the developer obligated itself to build an overpass to house the existing Union Pacific railroad tracks that are on the property. Valley Avenue will be extended under a new railroad bridge in a similar fashion to the Bemal Avenue underpass of the railroad tracks to the north. As part of this work, a portion of a Zone 7 storm drain channel (so designated as Channel B-2) needs to be relocated, including the installation of a concrete box culvert where the channel will cross under Valley Avenue as extended. In 2001, the City entered into the Valley Avenue Extension Agreement with the developer in order to obtain State Public Utilities approval. Last year, in order to get on the railroad's work schedule for 2005, the City and the developer entered into a First Amendment of the Agreement and Council approved the improvement plans for most of this work other than the channel relocation. At that time, those plans were not yet final and there was some question of the costs associated with those plans. Those plans are now ready for Council consideration and the cost issues have been agreed upon between the developer and City staff. DISCUSSION The purpose of this Second Amendment is to resolve the scope of the relocation of the Zone 7 channel on the Bemal property that would be impacted by the underpass. The scope of that work has been satisfactorily resolved between the developer and City staff and it is before Council for final approval. The developer has agreed to construct channel improvements that conform to the channel restoration plans prepared by the City's consultant, LTD Engineering. Those plans call for a meandering channel, restoring the existing Zone 7 facility to a more natural stream appearance. Once complete, channel improvements will become the responsibility of the City, and Zone 7 will relinquish its existing easement rights in this area. Also, when the First Amendment to the Underpass Agreement was approved, the developer had a concern that the cost of the channel relocation could exceed an amount greater than what it had budgeted based on previous discussions with City staff. Fortunately, that concern dissipated when the bids the developer received for the relocation were less than what had been budgeted. The developer is ready to begin this work this summer. This should result in the underpass being constructed over the next 12 months or so. Principal Terms of the Second Amendment The First Amendment provided that the developer would construct the channel improvements if agreement could be reached on the allocation of costs. The Second Amendment provides that the developer will construct the channel improvements up to a maximum amount of $493,463 and the City will fund the remainder. If the amount of the contract is less than $493,463, the developer will pay the City half of the difference between the contract amount and $493,463. The City does have the right to review the contract before the developer executes it. SR:05:188 Page 2