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PW Civic Center Station Construction MOU COM - SMARTMEMORANDUM 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. 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