HomeMy WebLinkAboutPW 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. Bushnell
Date: 08/25/16
Accepted by: Date:
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