HomeMy WebLinkAboutPW Civic Center Station Construction MOU COM - SMARTCITY OF��
Agenda Item No: 4.i
Meeting Date: September 19, 2016
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Director of Public Works City Manager Approval:
File No.: 18.06.52
TOPIC: CONSTRUCTION IMPROVEMENTS NORTH OF CIVIC CENTER DRIVE
RAILROAD CROSSING
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A
MEMORANDUM OF UNDERSTANDING (MOU) AMONG THE SONOMA
MARIN AREA RAIL TRANSIT DISTRICT, THE COUNTY OF MARIN AND
THE CITY OF SAN RAFAEL FOR CONSTRUCTION WORK ON CIVIC
CENTER DRIVE NORTH OF THE CIVIC CENTER DRIVE RAILROAD
CROSSING.
RECOMMENDATION: Adopt resolution.
BACKGROUND: Sonoma Marin Area Rail Transit (SMART) is in the process of completing
construction of the 42.5 mile Initial Operating Segment of its commuter rail service from Airport
Boulevard in Windsor to the San Rafael Downtown Station located between Third and Fourth Streets. In
addition to the station located in downtown San Rafael, a second station is located at Civic Center Drive
under Highway 101.
The Civic Center Station does not have parking adjacent to the station and SMART does not have
property in this area that can be dedicated to accommodating patrons utilizing this station. Several years
ago SMART requested the use of an area north of Civic Center Drive in order to accommodate a drop off
area and accessible parking for the Civic Center Station. San Rafael DPW assisted SMART by providing
preliminary plans for the area. SMART also contemplated utilizing existing parking along the Avenue of
the Flags for patrons using the train.
Since that time, the County of Marin has moved forward with redesigning a portion of Civic Center
Drive. This redesign includes widening the roadway from Peter Behr Drive to the rail crossing. When
this project was designed, the County anticipated that SMART would be installing the new drop off area
north of the tracks which would line up with the work proposed by the County.
FOR CITY CLERK ONLY
File No.: 4-13-139 x 245
Council Meeting: 09/19/2016
Disposition: Resolution 14194
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Recently, SMART has indicated that they are not moving forward with the construction of the drop off
area north of the rail crossing. Unfortunately, the existing roadway north of the rail crossing and the
County's new construction south of the rail crossing do not line up, which will present a safety problem if
no action is taken to modify the alignment. Staff from the City, SMART, and the County met to discuss
how to address this issue. In order to address this situation it is imperative that Civic Center Drive be
widened north of the Civic Center rail crossing in order to have a safe and compliant roadway. The
attached Memorandum of Understanding (MOU) addresses splitting the cost of the construction between
all three parties for the work north of the railroad tracks.
At the time of the preparation of this staff report, the Marin County Department of Public Works has
submitted an item on the Marin County Board of Supervisors' agenda for their September 13, 2016
meeting. County staff is recommending the execution of this MOU as soon as possible in order to
expedite the work in anticipation of the implementation of the City's Quiet Zone.
ANALYSIS: The City is moving forward with the establishment of a Quiet Zone from Smith Ranch
Road to the Downtown Station. Civic Center Drive is part of that Quiet Zone. In order for a Quiet Zone
to be established, the improvements associated with this crossing must be in place. Therefore, it is
imperative that the construction be installed as soon as possible. The attached MOU proposes that the
work on Civic Center Drive north of the Civic Center railroad crossing would be performed by the
contractor hired by the County to execute its Civic Center Drive redesign project, by change order on that
project. The City would perform design work required by the MOU, and all three agency parties would
contribute equally to the overall construction cost.
Since the proposed MOU concerns improvements to a City street, staff considers the MOU to be a minor
public works contract within the meaning of the City's Municipal Code. Pursuant to the Code, such a
contract is subject to an informal bidding requirement. Staff believes that this project qualifies for a
waiver of the bidding requirement pursuant to Municipal Code section 11.50.090 for two reasons. First,
there would be no competitive advantage to bidding this contract (Section 11.50.090(B)(3)), since the
underlying County contract was competitively bid, and the City's joinder in that contract as proposed
would eliminate otherwise necessary project delays and costs, including costs of mobilization. Second,
there are specific considerations justifying a waiver of bidding (Section 11.50.090(B)(5)), namely that the
work is required to be done at the earliest possible date so as to not delay SMART's commencement of
operations and the City's establishment of a Quiet Zone. Therefore, staff recommends that the City
Council waive the bidding requirement for this project.
FISCAL IMPACT: Adopting the staff resolution will set aside approximately $85,000 from Gas Tax
Fund 206 for this project.
OPTIONS:
1. Adopt resolution as presented approving the proposed MOU.
2. Council may direct staff to modify the MOU.
3. Council may withhold authorization for the Director of Public Works to sign the MOU, which
will delay the construction north of the railroad crossing and potentially delay the establishment
of a Quiet Zone. This option is not recommended by staff.
ACTION REQUIRED: Adopt resolution.
ATTACHMENTS:
1. Resolution with attached Exhibit A -Memorandum of Understanding with the County and SMART
RESOLUTION NO. 14194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A MEMORANDUM
OF UNDERSTANDING (MOU) AMONG THE SONOMA MARIN AREA RAIL TRANSIT
DISTRICT, THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL FOR
CONSTRUCTION WORK ON CIVIC CENTER DRIVE NORTH OF THE CIVIC CENTER
DRIVERAILROAD CROSSING.
WHEREAS, the Sonoma Marin Area Rail Transit District (SMART) is ready to
commence commuter rail service at the end of 2016; and
WHEREAS, the County of Marin is moving forward with its construction of
improvements to Civic Center Drive south of the SMART railroad crossing; and
WHEREAS, SMART is not constructing a drop off area or widening the Civic
Center Drive roadway north of the railroad crossing; and
WHEREAS, the existing Civic Center Drive roadway north of the railroad crossing
does not align with the County's new roadway improvements, therefore, widening of Civic Center
Drive north of the tracks is needed in order to provide a safe crossing for the general public; and
WHEREAS, SMART, the County of Marin and the City of San Rafael wish to enter
into the Memorandum of Understanding (MOU) attached hereto as Exhibit A, to share the cost of the
construction of improvements to be made to Civic Center Drive north of the railroad tracks; and
WHEREAS, the City Council finds that this minor public works project qualifies for
a waiver of the bidding requirement pursuant to San Rafael Municipal Code Section 11.50.090 in
that 1) there would be no competitive advantage to bidding this contract (Section 11.50.090(B)(3)),
since the underlying County contract was competitively bid, and the City's joinder in that contract as
proposed would eliminate otherwise necessary project delays and costs, including costs of
mobilization; and 2) there are specific considerations justifying a waiver of bidding (Section
11.50.090(B)(5)), namely that the work is required to be done at the earliest possible date so as to not
delay SMART's commencement of operations and the City's establishment of a Quiet Zone; and
WHEREAS, the City of San Rafael's share of these costs will be supported by an
$85,000 appropriation from the City's Gas Tax Fund (#206).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL RESOLVES as follows:
1. The requirement for competitive bidding on this project is hereby waived pursuant
to San Rafael Municipal Code Section 11.50.090(B).
2. The Director of Public Works is authorized to execute the MOU among the County
of Marin, SMART and the City of San Rafael, attached hereto as Exhibit A and
incorporated herein by reference, subject to final approval as to form by the City
Attorney.
3. The Director of Public Works is hereby authorized to take any and all such
subsidiary actions as may be necessary to accomplish the purpose of this resolution.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of
said City on the 19th day of September, 2016 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
O&W
ESTHER C. BEIRNE, City Clerk
File No.: 18.06.52
MEMORANDUM OF UNDERSTANDING
COUNTY OF MARIN; CITY OF SAN RAFAEL; AND,
SONOMA MARIN AREA RAIL TRANSIT
Improvement of Civic Center Drive North of SMART Railroad Tracks
T IS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into as of
ft 3, 2010, by and between the COUNTY OF MARIN, a charter city of the
State of California (County); the CITY OF SAN RAFAEL a charter city of the State of California
(City); and, the SONOMA MARIN AREA RAIL TRANSIT (SMART) DISTRICT, created by Act
of the Legislature of the State of California (District).
Recitals
A. The County has designed and permitted improvements to Civic Center Drive
(CCDI). The CCDI project includes but is not limited to roadway and access improvements from
the District's Right of Way ("District ROW"), which crosses Civic Center Drive north of the Civic
Center, to just south of Peter Behr Drive. The CCDI project does not include a transition
between the District's rail crossing to the existing roadway north of the Rail crossing.
B. The County, City, and the District desire to make improvements on the north side
of the District tracks to allow for the safe transition of vehicular and pedestrian traffic connecting
to the County's CCDI project.
C. The City, County and the District propose to develop a project to provide the
roadway transition between the north and south sides.of the railroad tracks, install the quiet
zone crossing improvements, and coordinate with the District to make certain signal and gate
arm improvements to facilitate vehicular and rail service on Civic Center Drive (the "Project").
D. The County, City, and District are committed to equally sharing the cost of the
Project improvements which are estimated at $225,000 not including design or construction
management.
E. The Project improvements are documented in the plan sheets and preliminary
schedule of values that is included as part of this MOU as Exhibit A.
F. The County, City, and District understand that the Project improvements must be
completed prior to removal of temporary traffic control measures required by the CCDI project
and prior to the start of the District's commuter rail service.
Aqreement
THE COUNTY, CITY, AND DISTRICT HEREBY AGREE AS FOLLOWS:
1. RECITALS
A. The above recitals are true and correct and are hereby incorporated in and
expressly form a part of this MOU.
MEMORANDUM OF AGREEMENT -COUNTY, CITY, AND SMART Page 1 of 8 L
2. COORDINATION
A. The County's Department of Public Works designee shall coordinate the work
on the Project with District's Chief Engineer or his designee and the City's
City Engineer or his designee. Contact information for the parties' respective
representatives is set forth below:
City
Kevin McGowan, City Engineer
City of San Rafael,
Department of Public Works
111 Morphew Street
P.O. Box 151560
San Rafael, CA 94915-1560
Phone: 415.485.3389
Fax: 415.485.
Email: kmcgowan(cDcitvofsanrafael.orq
County
Patrick Zuroske
Marin County Department of Public Works,
Capital Projects Division
P.O. Box 4166
San Rafael, California 94913-4188
Phone: 415.473.2298
Fax: 415.473.3799
Email: Pzuroske(a-)marincountv.orq
3. CITY'S RESPONSIBILITIES
City agrees to the following obligations:
District
Bill Gamlen, Chief Engineer
Sonoma Marin Area Rail Transit (SMART)
5401 Old Redwood Hwy. Suite 200
Petaluma, California 94954
Phone: 707.794.3330
Fax: 707.794.3037
Email: bgamlen(absonomamarintrain.ora
A. Desiqn & Construction Documents: This MOU is deemed to be a minor
public works contract within the meaning of San Rafael Municipal Code
Chapter 11.50. City, using its own staff and at no cost to the County or the
District, shall provide a project design and construction documents, for the
Project. These documents will be reviewed and approved by the County and
the District.
B. Permits: City shall issue Phase I & II Encroachment Permits, or amend the
existing encroachment permit for the CCDI project to include the Project work
conducted in the City Right of Way ("City ROW"), at no cost to the County
and/or District, subject to the County and the County's contractor providing
the required documentation, including required insurance coverage. As set
forth in Section 5(B) below, the District will amend the existing right -of -entry
MEMORANDUM OF AGREEMENT - COUNTY, CITY, AND SMART Page 2 of 8
(ROE) permit between the County and the District for the CCDI project to
include the Project work conducted in the District ROW.
C. Inspection: Should the City, in the course of any inspections, identify issues
or concerns with the Project work, the City will discuss its issues or concerns
with the County. The City shall not direct the County's or District's
contractors. The City will work directly with the County's designee regarding
inspection.
D. Worker Traininq for Work Within District ROW: City shall ensure that all City
inspection personnel have received required worker safety training prior to
entering and inspecting work within the District ROW.
E. Maintenance: Upon completion of the Project, the City shall be responsible
for all maintenance of the Project improvements located within the City ROW
If roadway maintenance requires the City to enter District ROW, the City will
secure permission from the District by telephone to (707) 890-8600 before
performing any maintenance on District property.
F. Pavment: City shall pay one-third (1/3) of the construction costs incurred as
part of the Project as specified in the approved Change Order for the CCDI
project. The City will provide such payment directly to the County within 30
calendar days of receipt of an invoice.
4. COUNTY'S RESPONSIBILITIES
County agrees to perform the following obligations:
A. Project Biddinq and Management: After review and approval of the City -
produced design for the Project, the County shall secure construction quotes
for the Project. These quotes will be reviewed and approved by the County,
City, and District. The City and District may, if they so choose, attend and
participate in construction contract negotiations. The County will provide
internal project management for the Project, using its own staff or contractors
and at no cost to the City or the District, to ensure continuity with the CCDI
project.
B. Construction Manaqement: The County has retained the services of a
construction management company to provide day-to-day management of
the CCDI project. The County will extend these services to include the
Project at County's sole expense. For work within District ROW: County shall
ensure that all County inspection personnel have received required worker
safety training prior to entering and inspecting work within the District ROW.
C. Project Schedule: The County will direct the work, which shall not begin prior
to September 1, 2016. It is anticipated that the Project will be constructed in
coordination with the CCDI project.
D. Record Drawinqs: County shall prepare as -built record drawings showing any
changes, deletions, or additions to the Project and will make them available
MEMORANDUM OF AGREEMENT- COUNTY, CITY, AND SMART Page 3 of 8
5
6.
to the City and District in electronic format upon request or in compliance with
the encroachment permit.
E. Records: County shall maintain complete and accurate records of all
transactions related to the Project in compliance with generally accepted
accounting principles as promulgated by the American Institute of Certified
Public Accountants and the Governmental Accounting Standards Board.
Such records shall be available to City or District upon request for inspection
and analysis.
F. Pavment: County shall pay one-third (1/3) of the construction costs incurred
as part of the Project as specified in the approved Change Order for the
CCDI project.
DISTRICT'S RESPONSIBILITIES
District agrees to the following obligations:
A. Prompt Design Review and Approval: District shall provide prompt design
review and comment, and ultimately approval, for the Project.
B. Permits: The District will amend, at no cost to the County or the City, the
existing County right -of -entry (ROE) permit for the CCDI project to include the
work required for the Project conducted within the District ROW.
C. Siqnals and Crossinq Gates: Any relocation of District facilities necessary to
provide a quiet zone -compliant crossing based on the County's CCDI and the
Project shall be performed by the District at its sole expense. District shall
coordinate the relocation of the signaling and crossing gates with the County
prior to completion of the Project and initial rail operation.
D. GO -8813: District shall prepare required revisions to the existing GO -88B
application and submit to the City for review, approval, and submission if
necessary.
E. Pavment: District shall pay one-third (1/3) of the construction costs incurred
as part of the project as specified in the approved Change Order for the CCDI
project. The District will provide such payment directly to the County within
30 calendar days of receipt of an invoice.
ADDITIONAL REQUIREMENTS
A. Amendments to Agreement
This MOU may be amended only by the mutual written consent of all parties.
B. Indemnification
Each party shall indemnify,
other, its officers, agents,
claims, loss, proceedings,
defend, protect, hold
and employees, from
damages, causes of
harmless, and release the
and against any and all
action, liability, costs, or
MEMORANDUM OF AGREEMENT - COUNTY, CITY, AND SMART Page 4 of 8
expense arising from or in connection with, or caused by any act, omission,
or negligence of such indemnifying party.
C. Termination
Parties may terminate this MOU by giving 30 -days prior written notice to the
other parties, in the manner described in Section 6.D of this MOU, of its intent
to terminate. Notwithstanding the foregoing, once the County has awarded
the contract to construct the Project, City and District shall be committed to
providing their funds for the completion of the same in accordance with this
MOU.
D. Notice
Unless otherwise requested by a party, all notices, demands, requests,
consents or other communications which may be or are required to be given
by any party to the others shall be in writing and shall be deemed effective
upon service on the party or parties at the addresses set forth in this section.
Service shall be deemed to have been effected when the communication is
personally served on the party to whom the same is to be given by hand
delivery; or on the next business day after it is deposited with a generally
recognized overnight courier service; or if it is mailed, within seventy-two (72)
hours after deposit in the United States Mail, registered or certified, return
receipt requested, with the postage thereon fully prepaid.
To City: Bill Guerin
Public Works Director, City of San Rafael
111 Morphew Street
P.O. Box 151560
San Rafael, CA 94915-1560
To District: Bill Gamlen, P.E
Chief Engineer
Sonoma Marin Area Rail Transit
5401 Old Redwood Hwy. Suite 200
Petaluma, California 94954
To County:Patrick Zuroske
Facilities Planning & Development Manager
Capital Projects Division
Marin County Department of Public Works
P.O. Box 4186
San Rafael, CA 94913-4186
Changes may be made in the names and addresses of the person(s) to
whom notices are to be given by giving notice pursuant to this paragraph.
MEMORANDUM OF AGREEMENT - COUNTY, CITY, AND SMART Page 5 of 8
E. Governinq Law
This MOU shall be governed by and construed in accordance with the laws of
the State of California.
F. Entire Aqreement
This MOU contains the entire agreement between the parties, and no
statement, promise, or inducement made by either party or agents of the
parties that is not contained in this written MOU shall be valid or binding; and
this MOU may not be enlarged, modified, or altered except in writing signed
by the parties.
G. Unenforceable Provisions
In the event that any provisions of this MOU is unenforceable or held to be
unenforceable by a court of competent jurisdiction, then the parties agree that
all other provisions of this MOU shall continue to have full force and effect
and shall not be affected thereby.
MEMORANDUM OF AGREEMENT - COUNTY, CITY, AND SMART Page 6 of 8
IN WITNESS WHEREOF, the District and the County have executed this MOU as of the date
first above written.
CITY OF SAN RAFAEL (City):
By:
Director of Public Works
APPROVED AS TO FORM:
B: L a
01 'l
City Attorney
COUNTY OF MARIN (County):
By: /
erector of Public V10 't
APPROVED AS TO FORM:
By: � /-, `
County Counsel
SONOMA MARIN AREA RAIL TRANSIT
DIST 'Distric
General Ma ger
AF
D AS TO FORM:
k1 OR-
rict Counsel U
MEMORANDUM OF AGREEMENT- COUNTY, CITY, AND SMART Page 7 of 8
EXHIBIT A
City of San Rafael Plans,
Specifications and schedule of
Values
MEMORANDUM OF AGREEMENT- COUNTY, CITY, AND SMART Page 8 of 8
Date:
To:
lAttention:
Fax or e-mail #:
General Engineering Contractors — Excavating, Paving, Grading
525 JACOBY STREET ❑ SAN RAFAEL, CA 94901 ❑ TELEPHONE (415) 454-7011
FAX (415) 454-8376 STATE CONTRACTORS LICENSE #132128
CHANGE ORDER REQUEST
08/30/16
Job Number.
County of Marin - Civic Center
Project:
Depart of Public Works, Rm 404
LS
San Rafael, CA 94913
COR #:
Paul Sipple
GBI EW*
osipnlef@ahirardelliassoc.cDm
Owner RFP/PCO#:
16406
Civic Center Drive Improvements Project
County Project No. 13-001
7R2
Explanation:
Extra Work: Street Widening north of the SMART train tracks along Civic Center Drive. 1) Mobilization- includes survey, potholing and
general conditions. 2) Traffic Control — GBI flagging, triton barriers and traffic control for striping graphics. 3) Clear & Grub —
Sawcutting, misc demolition, excavation, off -haul, roadway subgrade prep, fine grading of the v -ditch. This includes addional striping
not shown on the bid schedule and stripe removal. 4) Aggregate base includes the 12 in road base and 4 inches of rock under the near
curb and gutter. 5) HMA — includes the 6 in section for the roadway and patch paving at new island concrete. 6) Quantity was
reduced. 7e) Was added to the pay item proposal. 9c&d) Was changed to match striping graphics takeoff. Note: This price does
not include labor premium time cost for working overtime/double-time. Work is based on working 8 hour work shifts, 5 days
per week.
Cost:
Item
1. Mobilizaiton
2. Traffic Control
3. Clearing & Grubbing
4. Aggregate Base
15. HMA
6. Mirafi 850x
7a. Drop Inlet Structure
17b. Type E Curb
17c. Median Treatment
7d. Type A Concrete
Lined Ditch
7e. Type A Curb &
Gutter
8. 12" Storm Drain
19a. Detail 29
19b. Detail 38
19c. Detail 39
9d. Pavement Markings
I Total
Unit
Quantity
Unit Price Amount
LS
1
$
14,375.00 $
14,375.00
LS
1
$
14,000.00 $
14,000.00
LS
1
$
69,655.00 $
69,655.00
CY
220
$
98.00 $
21,560.00
TN
200
$
135.00 $
27,000.00
SY
950
$
10.00 $
9,500.00
EA
1
$
4,750.00 $
4,750.00
LF
295
$
30.00 $
8,850.00
SF
572
$
25.00 $
14,300.00
LF
295
$
65.00 $
19,175.00
LF I
296
$
44.00 $
13,024.00
LF
11
$
400.00 $
4,400.00
LF
301
$
2.00 $
602.00
LF
251
$
2.00 $
502.00 1
LF
993
$
2.00 $
1,986.00 1
SF
287
$
5.00 $
1,435.00
$
225,114.00
Note: GBI does not perform extra work without written authorization.
Submitted by: Lance A. Bushnell
Date: 08/25/16
Accepted by: Date:
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ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
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AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 9/19/2016
From: BILL GUERIN
Department: PUBLIC WORKS
Date: 9/2/2016
Topic: CONSTRUCTION IMPROVEMENTS NORTH OF CIVIC CENTER DRIVE
RAILROAD CROSSING
Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A MEMORANDUM OF
UNDERSTANDING (MOU) AMONG THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT,
THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL FOR CONSTRUCTION WORK ON
CIVIC CENTER DRIVE NORTH OF THE CIVIC CENTER DRIVE RAILROAD CROSSING
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ® Other: FUNDING AGREEMENT
APPROVALS
® Finance Director
Remarks: Approved -Van Bach
® City Attorney
Remarks: LG -Approved 9/13/16 with some changes.
® Author, review and accept City Attorney / Finance changes
Remarks:
M City Manager
Remarks:
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition: