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THE CITY OF <br /> w, .110 CITY COUNCIL AGENDA REPORT <br /> PLEASANTON. <br /> July 19, 2022 <br /> Engineering <br /> TITLE: PUBLIC HEARING TO APPROVE THE TRAFFIC MITIGATION MEASURES <br /> IMPROVEMENT PLANS FOR THE JOHNSON DRIVE ECONOMIC <br /> DEVELOPMENT ZONE, REVIEW THE FINAL COST ESTIMATE FOR THE <br /> TRAFFIC MITIGATION MEASURES, APPROVE AMENDMENT ONE TO <br /> THE 2018 TRANSPORATION IMPROVEMENT AND COST ALLOCATION <br /> AGREEMENT, AND APPROVE SIX PURCHASE AGREEMENTS TO <br /> ACQUIRE PUBLIC RIGHT-OF-WAY NECESSARY TO CONSTRUCT THE <br /> TRAFFIC MITIGATION MEASURES <br /> SUMMARY <br /> The Johnson Drive Economic Development Zone (JDEDZ) is a project to encourage <br /> investment in approximately 40 acres of underutilized land fronting Johnson Drive near <br /> Stoneridge Drive and 1-680. The environmental documentation for the JDEDZ Project <br /> identified traffic mitigation measures to reduce the impact of traffic from the new land <br /> uses proposed in the JDEDZ Project. Costco is a landowner within the JDEDZ Project <br /> area and is seeking approval to construct a new store on its property. The City entered <br /> an agreement with Costco in February 2018 wherein Costco committed to design and <br /> construct the required traffic mitigation measures and the City agreed to reimburse a <br /> portion of the design and construction costs with traffic impact fees and a portion of the <br /> sales tax revenues generated by the proposed Costco store. <br /> Costco prepared the improvement plans necessary to construct the traffic mitigation <br /> measures, but implementation was delayed due to legal challenges associated with the <br /> City's JDEDZ Project approval process. Those challenges concluded and the JDEDZ <br /> Project was cleared to proceed to construction, in April 2022 Costco requested qualified <br /> contractors to bid on the City-approved traffic mitigation measures improvement plans. <br /> As expected, due to the time elapsed since the agreement was executed, the bids <br /> received were significantly higher than the "Planning Level Estimate" discussed within <br /> the agreement. With the winning bid amount, a "Final Cost Estimate" has now been <br /> prepared as required by the agreement. The difference between the Final Cost Estimate <br /> and the Planning Level Estimate is defined within the agreement as "Cost Overruns" <br /> which are reimbursable to Costco 60 days following Costco's submission of the final <br /> project cost certification after completion of construction. <br /> Since the Cost Overruns are significantly higher than anticipated when the agreement <br /> was executed in 2018, if City Council is in favor of moving forward with construction at <br />