HomeMy WebLinkAboutPW Francisco Blvd MUP____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 5/07/2018
Disposition: Resolution 14505
Agenda Item No: 7.b
Meeting Date: May 7, 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Prepared by: Bill Guerin,
Public Works Director
TOPIC: FRANCISCO BLVD. WEST MULTI-USE PATHWAY
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE ADVANCE PURCHASE OF STRUCTURAL STEEL
COMPONENTS TO SUPPORT THE MULTI-USE PATH CONSTRUCTION IN AN
AMOUNT OF APPROXIMATELY $850,000
RECOMMENDATION: Adopt the resolution.
BACKGROUND: Sonoma Marin Area Rail Transit (SMART) is moving forward with its Larkspur
Extension project, which will extend the rail service from downtown San Rafael to Larkspur Landing.
SMART competitively awarded a design/build contract to Stacey-Witbeck-Hertzog (SWH) and has
begun their construction with work at Andersen Drive and in the Bettini Transit Center. SMART
anticipates completing the work at Andersen Drive in early June and will shift its construction activities
to the Francisco Blvd West “flip” in mid-June. The construction phase of the Larkspur Extension is
anticipated to be complete by the end of 2018 with commercial operations estimated to begin after rail
testing sometime in 2019.
In connection with the March 2017 Memorandum of Understanding between the City and SMART for
cooperation on the Larkspur Extension project, the City, anticipating the need to create a Multi-Use
Path (MUP), obtained assurance, by letter dated March 17, 2017 from SMART’s General Manager
Farhad Mansourian, that so long as all design, studies, approvals and funding for the MUP project are
in place, then upon request by the City, SMART will accommodate a change order to integrate the MUP
into SMART's Larkspur Extension project construction schedule, if doing so will not interfere with the
Larkspur Extension Project completion.
The City is working to incorporate a Multi-Use Path (MUP) adjacent to the new rail line and on
November 6, 2017 the San Rafael City Council authorized the City Manager to execute an agreement
with BKF Engineers to finalize the design of the Second to Andersen MUP. The final design will be
complete in mid-May. The current construction estimate of the MUP is $4.7 million, and with a 20
percent contingency could cost as much as $5.8 million. Funding in an amount of approximately $4.35
million has been previously identified through sources from TAM, MTC, the City of San Rafael, and
Marin County. Council approved an additional grant application request in an amount of up to $1.35
million with the Bay Area Air Quality Management District on March 19, 2018. BAAQMD anticipates
making a decision on whether to provide grant funding for this project in mid- May, 2018. The
permitting agencies including the California Department of Fish and Wildlife, the Corps of Engineers,
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
and the California State Water Resources Control Board are working cooperatively with the design
team and are poised to provide the appropriate permits in mid-May, in time for construction to begin.
Staff is negotiating with SMART and SWH to incorporate the path as a change-order into SMARTs
larger rail project with the understanding that this work can be performed at the same time the track is
installed such that there is no impact to SMART’s schedule. If we cannot conclude negotiations for the
entire MUP within the available funds, staff intends to negotiate two phases of construction beginning
with the first phase between Anderson Drive and Rice Drive, followed by the stretch between Rice
Drive and Second Street when other funding becomes available. The path from Anderson to Rice
Drive must be put in place while SMART is constructing their rail project because of its proximity to the
rail line. Rice to Second is adjacent to the realigned Francisco Boulevard West (FBW), away from the
SMART tracks, and can be constructed later without the added challenges and cost associated with
construction adjacent to active rail operations. SMART’s current realignment design of Francisco Blvd.
West and Rice will still allow cyclists to utilize the roadway while pedestrians will be able to use the
adjacent sidewalk until the new MUP is constructed.
On April 16, 2018, Council approved the pursuit of a second Urban Greening grant application in an
amount of up to $1.86 million. The results of that grant request are expected in November 2018 and
could be the source of funds for a second phase of construction.
ANALYSIS: The current design for the MUP from Andersen to Rice includes steel sheet piles and
possibly rolled steel piles to support the pathway which represents a significant portion of the
construction cost. Prices for steel have risen substantially over the last year because of the potential
for tariffs on steel imports. In addition, steel production is a long lead item and the contractor has
informed us that we need to order steel in mid-May to ensure that the piles, and other steel components
needed for the path, are available so that the construction can begin in mid-June. Though the design
includes steel piles, there is still an opportunity to save money by utilizing concrete piles instead of
steel. SWH has committed to provide final pricing for both options within the next two weeks.
Public Works Contract Policy (Ch. 11.50 of the municipal code) requires competitive bidding for all
purchases that exceed $30,000. However Section 11.50.090 “Exception to bidding requirement—
Waiver”, in part, states the following:
B. The city council, after reviewing and considering the facts of a particular public works project,
may waive the bidding requirements of this chapter by finding that any one or more of the following
circumstances exist:
1. Limitations on the source or the scope and nature of the contract are such that no more than
one contractor is available to meet the technical specifications and/or quality considerations of
the project;
2. The work is of a highly specialized nature;
3. There would be no competitive advantage to requiring bidding for the contract;
4. The cost of the work would be significantly increased or its completion significantly delayed;
5. There exist other specific considerations justifying the waiver of the bidding requirements.
Items 2, 4, and 5 apply to the construction of the MUP. The work, constructed adjacent to the rail line is
of a highly specialized nature because of the need to ensure that the rail line and MUP work together.
SWH is uniquely suited to perform the work of the combined rail line and MUP. If the project is
competitively bid, the work will be delayed until at least 2019 and the cost will increase dramatically
because SMART will need to complete the construction of their rail line before a second contractor can
work in the same construction area. Because of limitations on constructing in a waterway, construction
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in the waterway can only occur between June 15th and approximately November 15th each year.
Therefore, the MUP project would be delayed until at least June 2019 and would need to be
constructed while active rail operations are occurring immediately adjacent, significantly impacting
construction costs because of safety considerations, the need to coordinate with SMART operations,
and the need for additional shoring and other considerations required to ensure the rail line is not
impacted. Finally, specific other considerations include the fact that SMART competitively procured
SWH and the City Council anticipated incorporating the MUP as a change-order to that contract when it
approved the MOU.
The timeline for incorporation of the MUP is critical. SMART will begin construction of the rail line
immediately after they complete their work at Anderson Drive in mid-June 2018 and will not incorporate
the path if the inclusion significantly impacts their construction schedule. SMART is still reviewing the
implications of this change order and may not include this work if it significantly impacts the installation
of the rail system. The window for construction in the adjacent waterway begins on June 15th and the
City needs to be positioned to have a change-order in place and steel ready to be placed at that time to
have minimal impact on SMARTs rail construction. SWH is prepared to construct the path but is under
tremendous pressure to deliver the rail project this year. Any delay could jeopardize the MUP
construction. Should the City Council wish to proceed and make every effort to have this project
prepared for construction in June 2018, the steel package would need to be approved at this time which
would achieve the goal of being fully ready to begin construction of the MUP and driving piles, just after
June 15th.
Placing the order for steel represents a commitment to the MUP, but if negotiations with SMART for the
MUP construction prove unsuccessful, or we do not receive permits for construction, we can withdraw
our steel order before May 22, 2018 without penalty. However, if the order is withdrawn, there is no
assurance that the path will be constructed as part of SMART’s rail project. If the path is constructed
after SMART begins testing and/or commercial operations, the cost to construct will become
significantly more expensive due to the need to construct adjacent to an operational rail line.
In order to ensure that steel piles are available for placement on June 15th, staff recommends that
Council authorize the expenditure of approximately $850,000 to purchase steel in advance of full
project approval.
FISCAL IMPACT:
Currently, this project has an estimated construction cost of approximately $4.7 million and, with a 20
percent contingency, could cost as much as $5.8 million. Funding in the amount of approximately $4.35
million is available for construction as shown below:
Description Amount Comment
TAM (Design) $700,000 250,000 for Environmental +
450,000 for Design (already
spent)
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Description Amount Comments
TAM (Construction) $1,000,000 Available for construction
MTC (Construction $3,000,000 Available for construction
Gas Tax Fund $200,000 Available for construction
County of Marin $150,000 Available for construction
Amount Available $4,350,000 Available for construction
BAAQMD $1,350,000 Pending Authorization.
Total $5,700,000
Therefore funding to support the advanced purchase of rolled steel piles and other critical structural
steel is available.
OPTIONS:
The City Council has the following options:
1. Adopt the resolution as proposed;
2. Reject the resolution, resulting in a delay to the delivery of steel when it is needed to start
construction. Electing this option may cause SMART to reject inclusion of the MUP into their
construction project.
RECOMMENDED ACTION:
Adopt the resolution.
ATTACHMENTS:
1. Resolution
1
RESOLUTION NO. 14505
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE ADVANCE PURCHASE OF STRUCTURAL STEEL
COMPONENTS TO SUPPORT THE MULTI-USE PATH CONSTRUCTION IN AN
AMOUNT OF APPROXIMATELY $850,000
______________________________________________________________________________
WHEREAS, Sonoma Marin Area Rail Transit (SMART) has begun to construct a rail
line from central San Rafael to Larkspur Landing (the “Larkspur Extension”); and
WHEREAS, SMART is currently utilizing Stacey Witbeck Hertzog (SWH) for their
design-build contract for the Larkspur Extension project; and
WHEREAS, SWH is utilizing BKF Engineers to design portions of SMART’s Larkspur
Extension related to the roadway realignments; and
WHEREAS, the City of San Rafael desires to construct a Multi-Use Path (MUP)
immediately adjacent to the new rail line; and
WHEREAS, on November 6, 2017, City Council authorized staff to contract with BKF
Engineers to design the MUP; and
WHEREAS, design will be complete in mid-May, 2018; and
WHEREAS, by letter dated March 17, 2017 from SMART General Manager Farhad
Mansourian, the City obtained assurance that so long as all design, studies, approvals and
funding for the MUP project are in place, then upon request by the City SMART will
accommodate a change order to integrate the MUP into SMART's Larkspur Extension
construction schedule, if doing so will not interfere with completion of the Larkspur Extension;
and
WHEREAS, SWH has begun construction of the new rail line and intends to begin work
that could incorporate the MUP on June 15th; and
WHEREAS, the City is negotiating with SMART and SWH to incorporate the MUP into
the larger Larkspur Extension project as a change-order; and
2
WHEREAS, rolled steel piles are an essential component of the new pathway and are a
long lead item for procurement; and
WHEREAS, in order to have the piles fabricated and ready for installation on June 15,
2018, the fabrication order must be placed in mid-May, 2018; and
WHEREAS, the Council finds that it is reasonable to waive formal bidding for the
construction of the MUP and have that work done by SWH. SMART awarded the contract for
construction of the Larkspur Extension to SWH through a competitive bidding process, and
SWH will be uniquely positioned to perform the construction of the MUP so that the rail line and
MUP work together; and
WHEREAS, the cost of the pile fabrication is approximately $850,000;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael hereby waives formal bidding and approves and authorizes the City Manager to execute a
change-order with SWH through SMART to allow the advanced purchase and fabrication of
rolled steel piles in order to ensure that the piles are available when construction begins on or
about June 15, 2018, in an amount of approximately $850,000.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any
and all such actions and make changes as may be necessary to accomplish the purpose of this
resolution.
I, Lindsay Lara, 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 City
Council of said City on the 7th day of May 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: Gamblin
ABSENT: COUNCILMEMBERS: None
_______________________
Lindsay Lara, City Clerk