HomeMy WebLinkAboutPW Francisco Blvd. West Multi-Use Path____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-3-706
Council Meeting: 6/04/2018
Disposition: Resolution 14516
Agenda Item No: 6.a
Meeting Date: June 4, 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Prepared by: Bill Guerin,
Public Works Director
City Manager Approval: ____________
TOPIC: FRANCISCO BLVD. WEST MULTI-USE PATHWAY
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE ISSUANCE OF A CHANGE-ORDER TO SONOMA-MARIN AREA RAIL TRANSIT (SMART) TO
CONSTRUCT THE FIRST PHASE OF THE MULTI-USE PATH FROM ANDERSEN DRIVE TO RICE
DRIVE IN THE AMOUNT OF $4,557,019; AND AUTHORIZING CONTINGENCY FUNDS IN THE
AMOUNT OF $911,400, FOR A TOTAL APPROPRIATED AMOUNT OF $5,468,419.
RECOMMENDATION: Adopt the resolution.
BACKGROUND: Sonoma Marin Area Rail Transit (SMART) is constructing 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 mid-June and will shift its construction activities to the
Francisco Blvd West “flip” at that time. 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 following progress has been made to-date:
• The City has completed the design of Multi-Use Path (MUP) adjacent to the new rail line.
• The permitting agencies including the California Department of Fish and Wildlife, the Corps of
Engineers, and the California State Water Resources Control Board have provided necessary
permits for the MUP project.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• $4.6 million has been assembled through sources from Transportation Authority of Marin (TAM),
Metropolitan Transportation Commission (MTC), the City of San Rafael, Marin County and the
Bay Area Air Quality Management District to pay for the construction of the path.
In order to ensure that materials are available for this project, the City Council approved $850,000
towards the advanced purchase of steel sheet piles via a resolution at its May 7 Council meeting. Steel
purchases require long lead times and the City did not want to hold up the rest of the project and
timeline.
ANALYSIS: In discussions with SWH and SMART, it became clear that the entire pathway from
Andersen Drive to Second Street would not be affordable within the available funds. Staff requested
that SMART and SWH provide an alternative price proposal to incorporate the path from Andersen
Drive to Rice Drive as a change-order into SMARTs larger rail project with the understanding that this
work must be performed at the same time the track is installed.
On Friday, May 25, 2018, SMART provided a price proposal for the first phase of the construction
project. The proposal from SWH for this first phase is $4,557,019 and SMART has requested that the
City provide an additional contingency of 20 percent ($911,400) in order to move forward with the MUP.
Because the project will be constructed in phases, the advanced steel purchase was reduced to
purchase only the steel needed for the first phase of the project. $325,000 has been committed to this
first phase.
Rice to Second is adjacent to the realigned Francisco Boulevard West (FBW), away from the SMART
tracks, and can be competitively bid and 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 second phase of the 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.
The path from Andersen Drive to Rice Drive is most cost effectively undertaken during SMART’s
construction project and Council must decide whether or not to move forward with this phase of the
construction project.
Waiver of Competitive Bidding
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;
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
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
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 has determined that they can incorporate
the path without impacting their construction schedule. SWH, in their proposal to SMART, identified the
key milestones that must be met in order to incorporate the path:
• Order Steel Sheet Piles by May 25. The City Manager, after consulting with the Council
Subcommittee assigned by the Council at its May 21 Council meeting, issued a purchase order
to the contractor on May 25.
• Order precast concrete components (Piles and decking) by June 5th
• Issue Notice-to-Proceed (NTP) for the work by June 15th
SMART also requested that:
1. The City provide a letter accepting the contractor’s price proposal and agreeing to the conditions
by COB Wednesday May 30th.
2. The City commits 20% contingency to the project to keep the project on schedule.
3. The City approves two weekend road closures for Second and Third Streets to construct the
tracks across the streets. This is to be an unconditional approval to allow full closures of each
street on different weekends from 8 PM Friday to 5 AM Monday.
4. The City approves a use permit for the parking, storage and sales of vehicles (which is
consistent with the zoning designation) for the parking lot that is associated with the land
exchange agreement at Rice Drive by August 1st.
5. The City expedites and approves the zoning amendment request for the parking lot that is
associated with the land exchange agreement at Rice Drive by August 1st.
6. The City modifies the current Andersen to Rice pathway design to address SMART’s comments
(provided 05/23) to SMART’S satisfaction prior to construction.
7. The City is responsible for all permit requirements including but not limited to mitigation,
reporting, communications, etc.
These additional conditions have been determined to be overall achievable by staff and a letter from
the City Manager to SMART was issued conditionally approving SMARTs request on May 30 (see
attachment). The zoning amendment will require future action by the Planning Commission and City
Council and will be brought forward at a later date for consideration and approval.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Staff and SMART have been working towards an MOU to incorporate the MUP work and future
maintenance of the path. The draft MOU is attached. Staff seeks Council’s approval to finalize the
MOU for the signature of the City Manager in time to have the MOU in place prior to notice to proceed
on June 15th.
FISCAL IMPACT:
Currently, this project (project #11309) has an estimated construction cost of approximately $4.557,019
million and, with a 20 percent contingency ($911,400), could cost as much as $5,468,419. Funding in
the amount of approximately $4.6 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)
Description Amount Comments
TAM (Construction) $1,056,976 Available for construction
MTC (Construction $2,950,000 Available for construction
Gas Tax Fund $200,000 Available for construction
County of Marin $150,000 Available for construction
Amount Available $4,356,796 Available for construction
BAAQMD $248,400 Tentative approval
Total $4,605,376
The SWH proposal is $4,557,019 and the total available funding is $4,605,376. Therefore there is a
remaining balance of $48,357.
There are sufficient funds available to fund the base bid amount but not enough available to fund the
needed contingency. The Mayor and City Staff have reached out to our funding partners in order to
identify additional resources to fund the needed contingency. Staff recommends that the City increase
our commitment to the path by an additional $100,000 bring our commitment to $300,000 total
(approximately 5 percent of the total project cost including contingency). In addition, TAM staff have
identified additional available funding in an amount of $763,050 that can be made available to offset the
needed contingency request.
Staff requests Council approve a Resolution to issue a change-order to SMART to construct the critical
segment of the Multi-Use Path from Andersen Drive to Rice Drive in the amount of $4,557,019 along
with a contingency of $911,400 for a total not to exceed $5,468,419. Staff also requests the Council
authorize the City Manager to finalize an MOU between the City of San Rafael and SMART so that the
MOU is in place in time for the Notice to Proceed on June 15th.
OPTIONS:
The City Council has the following options:
1. Adopt the resolution as proposed;
2. Reject the resolution. Electing this option may cause SMART to reject inclusion of the MUP into
their construction project.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
RECOMMENDED ACTION:
Adopt the resolution.
ATTACHMENTS:
1. Resolution
2. Letter from City Manager to SMART dated May 30, 2018
3. Draft MOU between City of San Rafael and SMART
1
RESOLUTION NO. 14516
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE ISSUANCE OF A CHANGE-ORDER TO SONOMA MARIN
AREA RAIL TRANSIT (SMART) TO CONSTRUCT THE FIRST PHASE OF THE
MULTI-USE PATH FROM ANDERSEN DRIVE TO RICE DRIVE IN THE AMOUNT
OF $4,557,019; AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF
$911,400, FOR A TOTAL APPROPRIATED AMOUNT OF $5,468,419.
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 is completed; 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, City staff and SMART staff have been working to finalize a Memorandum
of Understanding memorializing detailed terms under which the City and SMART will cooperate
to incorporate the MUP work into the Larkspur Extension project, as well as the parties’
2
understanding regarding responsibilities for future maintenance of the MUP (the “Multi-Use Path
MOU”), a preliminary draft of which was presented to the City Council for review at its June 4,
2018 meeting; 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, SMART has provided the City with a cost proposal in the amount of
$4,557,019 to incorporate the MUP from Andersen Drive to Rice Drive; and
WHEREAS, SMART has additionally requested that the City provide funding for
potential construction changes and other contingencies in an amount of $911,400; 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;
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 construct the Multi-Use Path from Andersen Drive
to Rice Drive in an amount $4,557,019.
BE IT FURTHER RESOLVED that the Council authorizes that $911,400 be made
available to use for potential contingencies that arise during construction.
BE IT FURTHER RESOLVED, that the plans and specifications for the Multi-Use
Path, City Project No. 11309, on file in the office of the City Clerk, are hereby approved.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to work
with SMART staff to finalize the terms of the draft Multi-Use Path MOU and to execute such
MOU in a form to be approved by the City Attorney.
3
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 4th day of June 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: Gamblin
ABSENT: COUNCILMEMBERS: None
_______________________
Lindsay Lara, City Clerk
CITY OF SAN RAFAEL, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM
DATE: March 7, 2019 FILE NO: 18.01.79
TO: Jim Schutz, City Manager
FROM: Bill Guerin, Public Works Director
RE: Andersen Drive Rail Crossing Improvements
Request for Additional Construction Budget
Background
The Sonoma -Marin Area Rail Transit (SMART) District is currently extending their rail service from
Downtown San Rafael to Larkspur. On March 20, 2017, the City Council authorized the City Manager to
enter into a Memorandum of Understanding (MOU) related to construction of the Francisco Blvd West
Realignment Project and the Andersen Dr. Rail Crossing Improvements Project.
In February 2018, SMART's contractor closed Andersen Dr. between Francisco Blvd West and Du Bois
St to construct roadway and railway improvements. During execution of the work, change orders totaling
approximately $1,060,000 were issued to modify the design, such as replacing storm drain pipe under the
railroad tracks, and address unforeseen conditions, including the removal of contaminated soil. These
changes resulted in the overall road closure lasting several weeks longer than anticipated. Andersen Dr.
was subsequently opened to the public in July 2018.
In late 2018, SMART's contracting team began construction on railway train control systems work at the
Andersen Dr. rail crossing, including the installation of warning devices and communications systems for
which the City is fiscally responsible per California Public Utilities Commission (CPUC) requirements.
The MOU between SMART and the City has a budget for the Crossing Improvements Project as follows:
Item Description
Cost
Andersen Dr. Rail Crossing Improvements
$4,500,000
Project Contingency (10%)
$450,000
SMART Staff Time (Contract Administration)
$120,000
Total Budget
$5,070,000
The rail crossing improvements consist of both roadway and railway work. While the roadway work at
the Andersen Dr. crossing is predominantly complete with only minor work remaining, the railway train
control systems work should be done within the next few months which will allow SMART to begin
testing trains later this year.
Financial Impact
With the roadway and railway work slowly nearing completion, it is proposed that the City increase the
project budget to cover potential expenses as follows:
�- I -tellA
Andersen Drive Rail Crossing Improvements
March 7, 2019
Page 2 of 3
Item Description
Cost
Estimated Roadway Expenses for Andersen Dr.
Rail Crossing Improvements
$40,000
Train Control Systems Work Contingency
(6% of the contract price of $1,019,000)
$60,000
SMART Staff Time (Contract Administration)
$100,000
Property Acquisition
$350,000
Total Budget Increase
$550,000
Estimated Roadway Expenses for Andersen Dr. Rail Crossing Improvements: The proposed
contingency increase of $40,000 for roadway work is to cover minor expenses associated with street
lighting work not originally included in the contract.
Train Control Systems Work Contingency: The proposed train control systems work contingency
increase of $60,000 is to cover any unforeseen issues associated with installation of warning devices
and electrical systems. For example, any changes to equipment, or control wiring, or affect how the
grade crossing at Andersen Dr. functions would be in this category. We have heard from SMART
that this cost has increased due to modifications to the install design related to the MUP and other
improvements in the area.
SMART Staff Time (Contract Administration): While most of the train infrastructure has been
installed we are anticipating that SMART will request additional funding to support their staff while
the train control systems are being installed. In addition, the administration costs for this project also
include SMART's staff time for the Multi Use Pathway. To cover this cost, we recommend
increasing the contingency by $100,000.
SMART has been sending us one bill for all their staff time which includes the Multi Use Path,
Andersen and the Second and Third Street signals. The SMART staff time budget increase noted in
the table above is intended to cover contract administration time associated with all three of these
City projects.
Property Acquisition: The design for the rail crossing included the installation of a separated
pathway to the north of the tracks which incorporated a perpendicular crossing for pedestrians and
cyclists. The pathway requires the acquisition of a sliver of property from Sonnen Motors. The area
is a drainage swale and does not impact the operations of the car dealership. However, because the
drainage swale has been impacted by the path installation, some additional drainage improvements
may need to be put in place to protect Sonnen from water intrusion. The property was appraised by
the City's consultant at just under $200,000. Negotiations with the property owner are ongoing and
we anticipate that the negotiations will yield a higher final settlement cost. Staff recommends
allocating $350,000 for the property acquisition and drainage improvements that will be required.
The funding for this additional contingency is available in Fund #246 (Traffic Mitigation Funds).
Andersen Drive Rail Crossing Improvements
March 7, 2019
Page 3 of 3
Action Requested
If you agree with increasing the project budget for the Andersen Dr. Rail Crossing Improvements Project
pursuant to the authorization granted you in the MOU approved by the City Council, please sign below
and return this memorandum to me.
Jim Sch , ity Manager Date
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER
Contracting Department: Public Works
Project Manager: Kevin McGowan
Extension: 3389
Project Name: Andersen Drive Contingency Increase
Contractor's Contact: SMART
Contact's Email:
RESPONSIBLE
Step I DEPARTMENT DESCRIPTION COMPLETED DATE I REVIEWER (Initials)
a. Email PINS Introductory Notice to Contractor
b. Email Contract (in Word) & attachments to City Attorney c/o
1 Project Manager Laraine.Gittensra cityofsanrafael.org
a. Review, revise and comment on draft agreement and return to Project
Manager
b. Confirm insurance requirements, create Job on PINS, send PINS
2 City Attorney insurance notice to contractor.
Approval of final agreement form to send to contractor. (Provide Dept.
N/A
N/A
3/11/2019
3/112019
3
Department Director
Director rinancial Summary it Agreement)
BG
Forward three (3) originals of final agreement to contractor for their
4
Project Manager
signature.
When necessary, contractor -signed agreement agendized for Council
approval
Cay Council approval required for PraJeswonal Services Agreements and
purchases gfgoode and services that exceed 575,000 and for Public Works
5
Project Manager
Contracts that exceed 5175,000 (l:'wer date q fCoancil lideeting)
PRIN T
CONTINUE ROUTING PROCESS WITI I I IARD COPY
1
Forward signed original agreement to City Attorney with printed copy of
6
Project Manager
this routing form
7 City Attorney Review and approve hard copy of signed agreement 119
Review and approve insurance in PINS, and bonds (for public works
8 City Attorney contracts) 3)11//
City �,
9 Manager/Mayor Agreement executed by Council authorized official 1
Attest signatures, retains original agreement and forwards copies to project I II lei
City Clerk manager
11 Project Manager Forward Final Copy to Contractor
LG
LG
43531
Gary O. Phillips, Mayor • John Gamblin, Vice Mayor • Kate Colin, Councilmember • Maribeth Bushey, Councilmember • Andrew Cuyugan McCullough, Councilmember
May 30, 2018
Farhad Mansourian
Bill Gamlen File No.: 16.01.284
Sonoma-Marin Area Rail Transit (SMART)
5401 Old Redwood Highway, Suite 200
Petaluma CA, 94954
Re: City of San Rafael Multi-Use Pathway - Rice to Andersen
Request to Incorporate Construction
Dear Farhad & Bill:
Thank you for your email of May 25, 2018 regarding the installation of a new Multi-Use
Pathway (MUP) from Rice to Andersen Drive, which parallels the SMART rail tracks.
We are pleased to hear that SMART’s contractor can incorporate the installation of the
MUP without incurring a delay to the completion of the rail work and are enthusiastic
about moving this project forward. We appreciate your hard work to make this happen.
Your email of May 25, 2018 noted that you require a letter from the City of San Rafael
stating that we request that you move forward with the construction of the MUP from
Rice to Andersen. The SMART Subcommittee of the San Rafael City Council (Mayor
Phillips, Councilmember Bushey) has reviewed the price proposal and conditions you
outlined in your email from your contractor Stacey Whitbeck/Hertzog and have
authorized staff to present the proposal to the City Council on Monday, June 4th for
approval.
Based on this, we request that you proceed with submitting all the necessary staff
reports to secure an agenda item for your board to take action at your June 6th Board
meeting. If the San Rafael City Council chooses not to adopt staff’s recommendations
on the June 4th, we will communicate their action to you immediately.
The May 25, 2018 email noted several key conditions that need to be met in order to
move forward. We agree to the conditions you outlined but will likely need additional
time to address number 8 below:
1. Steel Sheet Pile Order: The City submitted a purchase order to your
contractor Stacy Witbeck/Hertzog (SWH) on May 25, 2018.
2. Precast Concrete Order: The City recently received a cost proposal for the
production of the precast piles and decking. This price does not include the cost
of delivery and markup. Please provide the final pricing of these materials so
that we can prepare a purchase order. We will process the purchase order
immediately upon approval by Council on June 4h.
Rice to Andersen Multi-Use Pathway
May 30, 2018
Page 2 of 3
2
Gary O. Phillips, Mayor • John Gamblin, Vice Mayor • Kate Colin, Councilmember • Maribeth Bushey, Councilmember • Andrew Cuyugan McCullough, Councilmember
3. Notice to Proceed by June 15th: The Multi-Use Path will be incorporated as
a change-order into your larger rail project. Therefore, the form of contract and
the issuance of the notice to proceed would come from SMART. Approval by
the Council will constitute the City’s approval to proceed. A draft MOU for the
MUP was forwarded to you earlier in May. We will present the draft MOU at our
meeting and seek Council approval for staff to finalize and execute the MOU,
however, Council may request that they review and approve the final MOU at a
future Council meeting. If the MOU needs City Council approval, the finalization
of the document may not occur until after the June 15th.
4. Contingency Commitment of 20%: The City and its funding partners have
agreed to provide funding and have identified sources of funds to support your
requested 20% contingency ($911,400). Transportation Authority of Marin
(TAM) staff identified sources to support the project and the City of San Rafael
has identified additional funding as well. Council and Board action will be
required before final approval is received. We have incorporated the additional
funding request into the Staff Report and will seek Council approval to spend it
at our June 4th Council meeting. TAM’s Board will need to take action on this
issue on June 11, 2018. We anticipate having these funds in place prior to your
issuance of the notice to proceed on June 15th.
5. Closure Work at 2nd and 3rd Street: We have no objection to proceeding with
closing 2nd and 3rd Streets on separate weekends to install the rail systems
across these roadways. A separate Encroachment Permit will be provided from
the City for the closures. Please work with our staff to coordinate this effort with
official press releases and notifications.
7. Use Permit Approval for the Bacci Parking Lot: The City will be able to process
and approve the Use Permit by August 1, 2018. The Use Permit application is
currently being processed for an administrative-level action.
8. Expedite Approval of Zoning Amendment: It is not possible to adopt the zoning
(map) amendment by August 1, 2018. Although the zoning map amendment is
very simple and City staff is in full support of the request, this map amendment
is grouped with a number of other zoning text and map amendments. Several of
the other accompanying zoning text amendments that are in-process are time
consuming for staff preparation and staff vetting. Nonetheless, even if we were
to sever your request and process it separately from the other zoning
amendments, the August 1 date is still not possible. All zoning map and text
amendments require a public hearing with and recommendation by the Planning
Commission, followed by a public hearing and action by the City Council. As
this action requires the adoption of an ordinance, our City code specifies
prescribed timeframes for public hearing noticing and for effective dates of code
codification. Stepping back from the August 1 date, the Planning Commission
would have to hold a public hearing on June 12; we are past the deadline for the
required noticing for this meeting date. We expect and propose that the zoning
map amendment will be approved by October 1, 2018. If this date provides
significant hardship for you, please notify us and we will work with you to explore
any/all methods to expedite as much as possible.
Rice to Andersen Multi-Use Pathway
May 30, 2018
Page 3 of 3
3
Gary O. Phillips, Mayor • John Gamblin, Vice Mayor • Kate Colin, Councilmember • Maribeth Bushey, Councilmember • Andrew Cuyugan McCullough, Councilmember
9. SMART MUP plan comments: Public Works staff met with you and agreed to
the requested changes at a meeting today.
10 Permit Conditions: The City is responsible for permit conditions related to the
installation of the MUP. As we develop the MOU between the City and SMART
for the MUP we will need to include any long-term conditions that may relate to
the MUP noted in the permits.
Thank you again for agreeing to incorporate the path into your rail project. Please
continue to work with Public Works staff on finalizing the MUP plans, ordering the
additional concrete items and initiating the construction of the MUP.
Very truly yours,
Jim Schutz, City Manager
C: Bill Guerin, Public Works Director
1
MEMORANDUM OF UNDERSTANDING
SONOMA-MARIN AREA RAIL TRANSIT DISTRICT AND CITY OF SAN RAFAEL
This Memorandum of Understanding (“Agreement”) is entered into as of this
____ day of May 2018, by and between the Sonoma-Marin Area Rail Transit District, a
public entity duly established under the laws of California (“SMART”) and the City of
San Rafael, a California Charter City (“City”), (collectively referred to as the “Parties”).
RECITALS
A. SMART was created pursuant to AB 2224 (California Public Utilities Code
§ 105000 et seq.) for the purpose of providing a passenger rail service and multi -use
pathway within the Counties of Sonoma and Marin.
B. The SMART rail corridor, historically known as the Northwestern Pacific
Railroad Authority (NWPRA), generally parallels Highway 101 running north-south in
Sonoma and Marin Counties. The corridor is owned by SMART from Milepost (MP)
68.22 in Healdsburg southward to MP 11.9 in Corte Madera.
C. SMART is obligated to operate and maintain the rail corridor in
accordance with applicable California Public Utilities Commission (CPUC) and Federal
Railroad Administration (FRA) laws and regulations.
D. SMART has completed Environmental review and is proceeding with
design and construction of passenger rail service and accompanying multi-use path
along an approximately 70-mile existing rail corridor extending from Cloverdale in
Sonoma County, California, to a location near the ferry terminal in Larkspur, Marin
County, California.
E. SMART has completed construction of its passenger rail service system
between the Sonoma County Airport Station at approximately MP 59.9 to the Downtown
San Rafael Train Station at MP 17.0.
F. SMART is proceeding with the design and construction of the passenger
rail service system another 2.2 miles from the Downtown San Rafael Train Station to a
2
location near the ferry terminal in Larkspur at or near MP 14.9 (the “SMART Larkspur
Extension Project”).
G. In the fourth quarter of 2016, SMART issued a Request for Proposal
(RFP) to elicit bids for a design-build contract for the construction of the SMART
Larkspur Extension Project.
H. In the first quarter of 2017 the City submitted an application to the CPUC
to make all necessary rail and roadway improvements to Andersen Drive and the City is
anticipating approval of said crossing at the end of the second quarter of 2018.
I. The Parties have determined that certain infrastructure located in the
SMART rail corridor within City are needed. In particular, the City desires to: (1) create a
new multi-use pathway which parallels SMART’s rail line from Second Street to
Andersen Drive.
J. The Parties desire to include the Andersen Drive to Rice Drive Multi- Use
Path segment as part of the SMART Larkspur Extension Project. The Parties have
agreed that SMART’s Contractor shall perform the work to maximize economic
efficiencies for both Parties and to minimize future disruption to the rail corridor.
K. The Parties entered into a Memorandum of Understanding on March 14,
2017 for the construction of the Andersen Drive Rail Crossing Improvement Project and
the Francisco Blvd. West Realignment Project.
L. The Parties similarly desire to enter into this Memorandum of
Understanding to allow the Andersen Drive to Rice Drive Multi-Use Path segment to be
expeditiously processed in a manner that does not adversely impact SMART’s project
schedule for the SMART Larkspur Extension Project.
M. “SMART” as used in this Agreement shall include any and all of SMART’s
Contractors and Subcontractors.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, SMART and City agree as follows:
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ARTICLE I
GENERAL RESPONSIBILITIES
1. RECITALS
A. The above recitals are true and correct and are hereby
incorporated in and expressly form a part of this Agreement.
2. COORDINATION
A. City shall coordinate the work with SMART’s Chief Engineer or his
designee. City shall designate a representative who will participate in decision
making regarding the Andersen Drive to Rice Drive Multi-Use Path Project and
resolve issues in a timely manner (“City Representative”). The City
Representative will be the sole point of contact for SMART regarding the City
Projects. The City Representative shall have, on behalf of City, the authority to
make decisions, commit to financial obligations, and authorize major road and
lane closures. The City Representative shall not have authority to direct SMART
or SMART’s Contractor. Contact information for the Parties’ respective
representatives are as follows:
SMART Representative City Representative
Bill Gamlen Jim Schutz or designee
Chief Engineer
Sonoma Marin Area Rail Transit
(SMART)
5401 Old Redwood Highway, Ste. 200
Petaluma, California 94954
City Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA
Phone: 707.794.3330 Phone: 415.459.3070
Fax: 707.794.3037 Fax: 415.459.2242
Email:
bgamlen@sonomamarintrain.org
Email:
jim.schutz@cityofsanrafael.org
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3. SCOPE OF WORK
A. Proposed Improvements.
The Parties desire to make the following improvements:
Andersen Drive to Rice Drive Multi-Use Path Segment. The City
desires to construct a Multi-Use Pathway from Andersen Drive at-grade
crossing to Rice Drive at-grade crossing at or near SMART’s right-of-way
Milepost XX.X. City desires SMART to manage construction of the
Andersen Drive to Rice Drive Multi Use Path Segment as part of the
SMART Larkspur Extension Project.
ARTICLE II
1. CITY’S RESPONSIBILITIES
City shall be responsible for the following with respect to the Andersen
Drive to Rice Drive Multi-Use Path Project:
A. Payment: City shall be responsible for paying all costs associated
with constructing the Andersen Drive to Rice Drive Multi-Use Path
Segment, including but not limited to pathway work, road work,
drainage improvements, sidewalks, retaining walls and elevated
walkways, traffic striping, street lighting, grade crossing warning
equipment, and any other appurtenances thereto . City shall also be
responsible for paying all presently-unknown costs that relate to the
Project such as those associated with the removal of hazardous
materials or differing site conditions or delays which may arise as
part of constructing the Project. City shall reimburse SMART for
the costs of the Andersen Drive to Rice Drive Multi-Use Path
Segment in accordance with Section 3.A., below.
B. Final Plans, Specifications and Estimate of Costs: City has
prepared and finalized construction documents including plans,
specifications, and an engineer’s estimate for the work. The
construction documents are included as Exhibit A hereto and
incorporated herein.
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C. Environmental Documentation and Regulatory Permits: City has
obtained all required environmental clearances and regulatory
permits for the Second Street to Andersen Drive Multi-Use Path
Project, including the Andersen Drive to Rice Drive Segment. City
has provided SMART with all required environmental
documentation prior to the start of construction.
E. Notification: City shall be responsible for any public outreach it
determines to be necessary, including notifications to the public of
work to be performed on the Andersen Drive to Rice Drive Multi -
Use Path Segment.
F. Utilities: City shall be responsible for utility investigation and conflict
resolution and/or utility relocations according to the planned work
and consistent with the project schedule.
G. Road Closure: City shall work closely with SMART to accommodate
the necessary lane and road closures requested by SMART for the
Second Street to Andersen Drive Rail project including any
necessary closures required for the Andersen Drive to Rice Drive
Multi-Use Path Segment at no cost to SMART.
H. Inspection: City may inspect, at its expense, the Andersen Drive to
Rice Drive Multi-Use Path improvements during construction and at
the conclusion of the construction work. The City may not direct
SMART’s contractor.
2. SMART’S RESPONSIBILITIES
SMART agrees to be responsible for the following as to the Andersen
Drive to Rice Drive Multi-Use Path Segment:
A. Design-Build Contract: SMART shall include the Andersen Drive to
Rice Drive Multi-Use Path Segment improvements as part of the
planned design-build contractor procurement for the SMART
Larkspur Extension Project.
B. Contract Administration: SMART shall administer the construction
contract for the Andersen Drive to Rice Drive Multi-Use Path
Segment, at City’s expense. Costs to SMART for administration of
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the project shall be paid under this Agreement pursuant to Section
3.C., below.
C. Procedures: SMART shall prepare and submit to the City change
orders that would be required to complete the Andersen Drive to
Rice Drive Multi-Use Path Segment for review and approval before
said work occurs. [City shall review and approve change orders
within 15 working days.] SMART and City will mutually develop a
procedure for processing change orders prior to the start of
construction.
3. PAYMENT AND REIMBURSEMENT PROCEDURES
A. Upon SMART providing the actual cost of the Work in the form of
bid results, San Rafael shall provide written approval of cost within
10 working days in order to authorize construction.
B. Within 30 days of receipt of SMART’s invoices, City shall reimburse
SMART for the costs associated with constructing the Andersen
Drive to Rice Drive Multi-Use Path Segment, including but not
limited to pathway work, retaining wall and elevated pathway
improvements, drainage improvements, sidewalks, traffic striping,
street lighting, grade crossing warning equipment, and any other
appurtenances thereto. City shall also reimburse SMART for all
unknown costs such as those associated with the removal of
hazardous materials or differing site conditions or delays which may
arise as part of constructing the Project. The Parties agree that the
work for the Andersen Drive to Rice Drive Multi-Use Path Segment
is four million five hundred fifty seven thousand nineteen dollars
($4,557,019.00) plus an additional twenty percent (20%)
contingency. The costs are shown in Exhibit B1-B2.
B. City shall provide SMART with a deposit of ten percent (10%) of the
contract price for the construction of the Andersen Drive to Rice
Drive Multi-Use Path Project to be paid to SMART at the execution
of SMART’s design-build contract.
ARTICLE III
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Maintenance
City agrees to maintain the Multi-Use Path west of the fence
dividing the Multi-Use Path from the SMART rail alignment.
Additional detail required
ARTICLE IV
ADDITIONAL REQUIREMENTS
1. Amendments to Agreement.
This Agreement may be amended only by the mutual written consent of
both Parties.
2. Indemnification.
Each Party shall indemnify, defend, protect, hold harmless, and release
the other, its officers, agents, and employees, from and against any and all
claims, loss, proceedings, damages, causes of action, liability, costs, or expense
(including attorneys’ fees and witness costs) arising from or in connection with, or
caused by any act, omission, or negligence of such indemnifying Party. This
indemnification obligation shall not be limited in any way by any limitation of the
amount or type of acts, disability benef it acts, or other employee benefit acts.
3. Notices.
Unless otherwise requested by a Party, all notices, demands, requests,
consents or other communications which may be or are required to be given by
either Party to the other shall be in writing and shall be deemed effective upon
service. Notices shall be deemed to have been properly given when served on
the Party to whom the same is to be given by hand delivery or by deposit in the
United States mail addressed to the Party as follows:
SMART: Bill Gamlen, P.E.
Chief Engineer
Sonoma-Marin Area Rail Transit District
5401 Old Redwood Highway, Suite 200
Petaluma, CA 94954
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City: Jim Schutz
City Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA
When a notice is given by a generally recognized overnight courier
service, the notice, invoice or payment shall be deemed received on the next
business day. When a notice or payment is sent via United States Mail, it shall
be deemed received seventy-two (72) hours after deposit in the United States
Mail, registered or certified, return receipt requested, with the postage thereon
fully prepaid. In all other instances, notices, and payments shall be effective
upon receipt by the recipient. Changes may be made in the names and
addresses of the person to whom notices are to be given by giving notice
pursuant to this paragraph.
4. Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the State of California. Venue shall be in the County of Marin. In the
event that any provision of this Agreement is held to be invalid or unenforceable,
the remainder of the provisions shall remain in full force and effect.
5. Entire Agreement
This instrument 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 contract shall be valid or binding; and
this contract may not be enlarged, modified, or altered except in writing signed by
the Parties.
6. Authority of SMART and City
The undersigned hereby represent and warrant that he or she has
authority to execute and deliver this Agreement on behalf of SMART and City.
7. No Waiver of Breach
The waiver by any of the Parties of any breach of any term or promise
contained in this Agreement shall not be deemed to be a waiver of such term or
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provision or any subsequent breach of the same or any other term or promise
contained in this Agreement.
8. Time of Essence
Time is and shall be of the essence of this Agreement and every provision
hereof.
9. Parties to Cooperate
Each Party will, whenever and as often as it shall be reasonably requested
by the other Party, execute, acknowledge and deliver, or cause to be executed,
acknowledged and delivered, such further instruments and documents as may be
reasonably necessary in order to carry out the intent and purpose of this
Agreement.
10. Drafting.
Both Parties contributed to the drafting of this agreement and in the event
of a dispute over the interpretation of this Agreement, the language of the
Agreement will not be construed against one party in favor of the other.
11. No Third Party Beneficiaries.
Nothing contained in this Agreement shall be construed to create and the
parties do not intend to create any rights in third parties.
12. Disputes
Disputes will be handled initially through mutually agreed upon mediation,
and if not resolved, will be adjudicated in Marin County Court.
IN WITNESS WHEREOF, SMART and the City have executed this Agreement
as of the date first above written.
CITY OF SAN RAFAEL SONOMA-MARIN AREA RAIL TRANSIT
DISTRICT
By:________________________ By:_____________________________
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ATTEST:
__________________________
City Clerk
APPROVED AS TO FORM APPROVED AS TO FORM FOR SMART
FOR CITY:
By:________________________ By:__________________________________
City Attorney SMART General Counsel
CORRESPONDENCE RECEIVED AFTER AGENDA POSTING