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HomeMy WebLinkAboutCC Resolution 14516 (Francisco Blvd. West Multi-Use Path)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 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: 3 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 4 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. 5 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 6 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 7 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 8 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 9 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:_____________________________ 10 ATTEST: __________________________ City Clerk APPROVED AS TO FORM APPROVED AS TO FORM FOR SMART FOR CITY: By:________________________ By:__________________________________ City Attorney SMART General Counsel