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PW SMART Larkspur Extension Project Amendment 1AMENDMENT NO. 1 TO MOU SMART AND CITY OF SAN RAFAEL THIS AMENDMENT NO. 1 to the MOU dated March 14, 2017, is entered into as of this date of July, 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 1. On March 14, 2017, the Parties entered into a Memorandum of Understanding Regarding Cooperation on Construction of the SMART Larkspur Extension Project (the "March 14, 2017 MOU"). 2. Pursuant to the March 14, 2017 MOU, the Parties included the City's Andersen Drive Crossing Project and the Francisco Boulevard West Realignment Project as part of the SMART Larkspur Extension Project. The Parties agreed that SMART's contractor shall perform the work to maximize efficiencies. 3. The City has requested that SMART also include the City's Andersen Drive to Rice Drive Multi -use Pathway Project as part of the Larkspur Extension Project. 4. SMART has obtained a proposal from its contractor, which has been reviewed and approved by the City, and has agreed to include the Andersen Drive to Rice Drive Multi -use Pathway Project into the Larkspur Extension Project through a Change Order. AGREEMENT NOW, THEREFORE, for good and valuable consideration the receipt and adequacy of which are hereby acknowledged, SMART and the City agree as follows SECTION 1. The March 14, 2017 MOU is hereby amended to add new Article V, to read as follows: ARTICLE V 1. Recitals A. The above recitals are true and correct and are hereby incorporated in and expressly form a part of this Agreement. �-I -LpgTA 2. Scope of Work The Parties desire to make the following improvements as part of the SMART Larkspur Extension Project: Andersen Drive to Rice Drive Multi -use Pathway Prosect. The work includes the construction of a bicycle and pedestrian pathway between Andersen Drive and Rice Drive in San Rafael. The elements that make up the pathway include, but are not limited to, an asphalt pathway, fencing to separate the pathway from the SMART tracks, retaining walls, lighting, striping, a pedestrian crosswalk signal, and other supporting items. Specifics of the pathway are detailed in the construction documents in Exhibit A to this Amendment No. 1. 3. City's Responsibilities City shall be responsible for the following with respect for the Andersen Drive to Rice Drive Multi -use Pathway Project: A. Payment: City shall be responsible for paying all costs associated with constructing the Andersen Drive to Rice Drive Multi -use Pathway Project. City shall also be responsible for paying all potential, but presently 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 that Project. The parties agree that the presently known costs for the Andersen Drive to Rice Drive Multi -use Pathway Project will cost Four Million, Five -Hundred, Sixty - Thousand Dollars ($4,557,019) plus up to an additional 20% contingency. The costs are shown in Exhibit B to this Amendment No. 1. SMART shall bill City for progress payments during the course of construction, and City will pay such invoices in full within 30 days of receipt. B. Final Plans, Specifications and Estimate of Costs: City has prepared construction documents including plans, specifications, and an engineer's estimate for the work. At the City's request, SMART has included the construction documents through a Change Order in SMART's design -build contract for the SMART Larkspur Extension Project. The construction documents are included and incorporated hereto as Exhibit A to this Amendment No. 1. C. Environmental Documentation and Regulatory Permits: City has or shall obtain all required environmental clearances and regulatory permits for the Andersen Drive to Rice Drive Multi -use Pathway Project. City shall provide SMART with all required documentation prior to the start of construction. City understands that failure to provide these documents could delay construction which could generate delay costs that would be the City's sole responsibility. D. 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 Pathway Project. E. 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, except as required for the W. Francisco Blvd. "flip". F. Road Closure: City by way of this Agreement, grants approvals for a complete road closure for one weekend (Friday @ 20:00 to Monday @ 05:00) for the reconstruction of the track crossing of Second Street and an additional weekend closure for reconstruction of the track crossing Third Street at no cost to SMART. However, no construction may take place between Thanksgiving Day and New Year's day. The City has a moratorium on construction in the downtown area during this period. No additional permits or approvals will be required. G. Inspection: City may inspect, at it's expense, the Andersen Drive to Rice Drive Multi -use Pathway improvements during construction and at the conclusion of the construction work. The City may not direct SMART's contractor. H. Ownership and Maintenance: City shall own, operate and maintain the signalized crosswalk at Rice Drive. City shall own and maintain the future multi- use pathway between Rice Drive and Second Street if and when the City constructs this segment of pathway. 4. SMART's Responsibilities SMART shall be responsible for the following as to the Andersen Drive to Rice Drive Multi -use Pathway Project: A. Design -Build Contract: SMART shall include by Change Order the Andersen Drive to Rice Drive Multi -use Pathway Project improvements as part of the planned design -build contractor procurement for the SMART Larkspur Extension Project. B. Ownership and Maintenance: SMART shall own and maintain the multi -use pathway in its right-of-way between Andersen Drive and Rice Drive upon Project completion including trash removal, graffiti clean-up, resurfacing as needed and fence repair. C. Procedures: SMART shall prepare and submit to the City change orders that would be required to complete the multi -use pathway for review and approval before said work occurs. [City shall review and approve change orders within 15 working days.] SECTION 2. Except as otherwise provided herein, all terms and conditions of the March 14, 2017 MOU shall remain in full force and effect and shall apply to the Andersen Drive to Rice Drive Multi -use Pathway Project. IN WITNESS WHEREOF, SMART and the City have executed this Amendment No. 1 as of the date first above written. CITY OF SAN RAFAEL SONOMA-MARIN AREA RAIL TRANSIT DISTRICT D f�— By: By: Jim Schutz, City Manager Farha Mansour' n, Gen ral Manager ATTEST: V Lindsay Lara, City Clerk APPROVED AS TO FORM FOR CITY: AU4%_�N�' Robert F. Epstein, City Attorney EXHIBIT A Construction Documents (see 100% plan set attached) EE pr-�"Irf-jN PQ7*�ET r 2 EXHIBIT B San Rafael Andersen to Rice Pathway Construction Estimated Project Budget DESCRIPTION COST SMART Contract Change Order* $4,557,019.00 Contingency (20%) $911,403.80 Budget Total $5,468,422.80 *See attached Change Order MUP-001 and transmittal form dated 6/19/18. Change Order MUP-001 Contract No.: CV -DB -16-001 Contract Title: Larkspur Extension Project Issued to: Stacy and Witbeck/Herzog, A Joint Venture 2800 Harbor Bay Parkway Alameda, California 94502 Phone: (510) 393-2520 SON OMA -MAR 1 N S AST AREA RAIL TRANSIT Change Notice Reference: 011 CO Title: City of San Rafael Multi Use Pathway from Rice Drive to Andersen Drive. Funding Source: City of San Rafael The Contract Price due to this CO will change by: $4,557,019 The Contract Performance Time due to the CO will be change by: 0 calendar days EXCEPT AS MODIFIED BY THIS CHANGE ORDER, ALL TERMS AND CONDITIONS OF THE CONTRACT, AS PREVIOUSLY MODIFIED, REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. THE PARTIES AGREE THAT THIS CHANGE ORDER IS A FINAL AND EQUITABLE ADJUSTMENT OF THE CONTRACT TIME AND CONTRACT AMOUNT AND CONSTITUTES A MUTUAL ACCORD AND SATISFACTION OF ALL CLAIMS, CURRENT OR FUTURE, OF WHATEVER NATURE CAUSED BY OR ARISING OUT OF THE FACTS AND CIRCUMSTANCES SURROUNDING THIS CHANGE ORDER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT AND CONSEQUENTIAL COSTS; ADDITIONAL TIME FOR PERFORMANCE; AND THE IMPACT OF THE CHANGE SPECIFIED IN THIS CHANGE ORDER, ALONE OR TAKEN WITH OTHER CHANGES, ON THE UNCHANGED WORK. Description of change: This lump sum change order directs the contractor to procure and construct the Multi Use Pathway from Rice to Andersen. • Procure precast member • Procure sheet pile Con urred� By: ConcyFfed �ftin.r b 4 ��ZOI�j Date District Chief Engineer Date Ahmed Thleiji Bill Gamlen The undersigned agrees to the terms and conditions described herein. Contractor Acceptance Sonoma -Marin Area Rail Transit Title: Project Representative Title: General M_ana r Z \ ' �\ (Authorize ign re for ontractor) ate (Autho e n`atir� for Ow e�.r) Date Dan Elshire Farhad Mansourian Page 1 of 3 Change Order MUP-001 Contract No.: CV -DB -16-001 Contract Title: Larkspur Extension Project • Installation of gravity blocks • Installation of Sheet pile wall • Install Electrical Conduit & Boxes • Install Catch Basin • Install light pole foundation • Place Top Deck Concrete • Curb and Gutter �1 II cf ll ff A description of the items above were tabulated in a bid schedule format below under Exhibit- A. Enclose and incorporated to this change order are: • Pathway Construction Plans, City Project No. 11309 dated 05/08/2018 • Permit: Army Corps of Engineers Nationwide 14 Permit • Permit: California Department of Fish and Wildlife Lake or Streambed Alteration Agreement • Permit: San Francisco Regional Water Quality Control Board — Water Quality Certification • Mitigation and Monitoring Plan (referenced in the permits) This Change Order will not impact the current project milestones. Additional cost is included to mitigate known schedule impacts. Contractor is not responsible for biological and environmental monitoring and mitigation. Compensation for this Chanae Order will be made by addina the followina Pav Item(s): Pay Item Funding Description Unit Qty. Unit Price Item Total No. Source MUP 1011M City of San Rafael Multi LS 1 $4,557,019 $4,557,019 001 Use Pathway from Rice Drive to Andersen Drive Initials: - �- Project Engineer o ctor Chie ngineer Page 2 of 3 Change Order MUP-001- Contract No.: CV -DB -16-001 S �vJ A R U Contract Title: Larkspur Extension Project Andersen Drive to Rice Drive Bid Proposal atter Oesafixian 100000 Mobilization UN6 1 IS Uhh pdm $69,505.28 BW TGW $69,505.28 200000 Erosion Control - Includes QSP Services 1 LS $80,41265 $80,412.6 300000 Survey and Layout 1 is $61,374.48 $61,374.48 400000 Traffic Control 1 LS $12,065.07 $12,065.07 500000 Asphalt Concrete Paying 610 TN $227.89 $139,012.90 600000 Earthwork- Material Moved Onsite 1750 CY $178.35 $312,112.50 700000 Earthwork - Import 1 LS $0.00 800000 Class 11 AWegate Base 875 CY $397.17 $347,523.75 900000 Tire Derived Aggregate fill 1 LS $59,679.16 $59,679.16 1000000 Concrete Sidewalk 1 LS X00 110000D Sheet Pile Wall 1764 LF $509.60 $898,934.40 1200000 WE Retaining Wall - Eliminated its $0.00 1300000 Pile Su d Precast Plank 840 LF $2,10550 $1,768,620.00 1400000 Metal handrallin 1 LS $254,658.16 $254,658.16 1500000 Mitigation Planting 1 LS $0 .00 1600000 Stri in Thermoplastic 8" 41 LF $1.84 $7,544. 1700000 Crosswralk IMP, Signal Heads, Ramp Modifications 1 is $131,14204 $131,142.04 1800000 Path Lighting Fudure- ANO LA631-1-P029-LD4-M-T2 25 EA $2,229.41 $55,735.25 1900000 Path ' 12" SteN Pole (4"x4" square) 25 EA $1,44255 $36,064.00 2000000 Path Conduit 2400 LF $68.22 $163,728.00 2100000 Curb and Gutter 687 LF $8208 $56,388.96 2200000 Catch Basin and Pipe 1 is $12,458.49 $12,458.49 2300000 48" Storm Drain 63 LF $0.00 2500000 Clear and Grub 1 LS $51,615.14 $51,615.1 2600000 Down Drain Mods 11.5 $10,62250 $10,62250 2700000 Walkway Ballast 253 TN $109.97 $27,822.41 BASE�BID—Rke Soufh Exhibit A Initials: roject Engineer Page 3 of 3 Chief W Resolution No. 2018-14 Sonoma -Marin Area Real Transit District June 6, 2018 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SONOMA-MARIN AREA RAIL TRANSIT DISTRICT APPROVING A CHANGE ORDER TO CONTRACT NO. CV -DB -16-001 RELATED TO THE CONSTRUCTION OF A BICYCLE AND PEDESTRIAN PATHWAY BETWEEN ANDERSEN DRIVE AND RICE DRIVE IN THE SMART RIGHT-OF-WAY WHEREAS, District entered into Contract No. CV -D&16-001 with Stacy and Witbeck/ Herzog, JV (SWH) for the Larkspur Extension Contract; and WHEREAS, The City of San Rafael (City) desires to construct a bicycle and pedestrian pathway (Pathway) between Andersen Drive and Rice Drive in San Rafael; and WHEREAS, The City has completed environmental clearance, prepared construction documents, secured regulatory construction permits, and arranged funding for the section of pathway between Andersen Drive and Rice Drive; and WHEREAS, The City requested that SMART construct the Andersen Drive and Rice Drive pathway as part of the Larkspur Extension project that will be completely funded by the City, and WHEREAS, SMART solicited and received a price proposal from SWH to add the Andersen Drive and Rice Drive pathway to Contract No. CV -D&16-001; and WHEREAS, Contract Change Order No. MUP-001 provides for the construction of the Andersen Drive and Rice Drive pathway to Contract No. CV -D&16-001; and WHEREAS, District and the City entered into a Memorandum of Understanding (MOU) for the implementation of the Larkspur Extension Project; and WHEREAS, the MOU contemplated adding work if it was practical and in the best interest of the City and SMART; and WHEREAS, the Federal Transit Administration (FTA), a funding partner for the Larkspur Extension Project allows concurrent non -project activities to be included in a federally funded project as long as the activities are funded and treated separately from the federally funded project; and WHEREAS, the City developed construction plans for the Andersen Drive and Rice Drive pathway and has approved and agreed to fund Change Order No. MUP-001 to include the work in Contract CV -D&16-001; and Page 2 of 2 Resolution No. 2018-14 Sonoma -Marin Area Real Transit District June 6, 2018 WHEREAS, Contract CV -DB -16-001 was approved through a competitive solicitation and procurement process and the work included in this Change Order is consistent with the scope of work previously awarded; and WHEREAS, this Change Order meets the specifications and requirements of Contract No. CV -DB -11-006; and WHEREAS, Contractor and SMART staff negotiated a final cost of $4,557,019 for this Change Order; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the foregoing recitals are true and correct. 2. That Change Order No. MUP-001, a copy of which is attached hereto and incorporated herein as Exhibit "A", is hereby approved. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Sonoma -Marin Area Rail Transit District held on the 6th June 2018, by the following vote: DIRECTORS: AYES: Eddie, Fudge, Lucan, Mackenzie, Hillmer, Pahre, Phillips, Rabbitt and Zane NOES: ABSENT: Arnold, Connolly and Russell ABSTAIN: Debora Fudge, Chair, Bo d of Directors Sonoma -Marin Area Rail Transit District ATTE ,ff: U ( j�wLou=:�' eticia Rosas -Mendoza, Clerk of Board ODirectors Sonoma -Marin Area Rail Transit District Page 3 of 2 Negin Saghaee 'rom: Bill Gamlen Sent: Friday, June 8, 2018 10:17 AM To: Negin Saghaee Subject: FW: SMART Larkspur Extension Project - Request to Add Work for San Rafael Attachments: SMART LE - Add SR Pathway request to FTA 06062018.pdf Negin — Please include this email from the FTA and the enclosed request letter in the CO binder. We are good to circulate for signature. - Bill From: Bustamante, Bernardo (FTA) <Bernardo.Bustamante@dot.gov> Sent: Friday, June 8, 2018 9:48 AM To: Bill Gamlen <BGamlen@sonomamarintrain.org> Cc: Jonathan Spencer <JSpencer@lsgallegos.com>; Randy Teague (rteague@lsgallegos.com) <rteague@lsgallegos.com>; Paul, Julene (FTA) <julene.paul@dot.gov> Subject: RE: SMART Larkspur Extension Project - Request to Add Work for San Rafael Bill Ne have reviewed your request to add the pathway construction to your existing contract as a concurrent non -project activity (CNPA) item. Your request indicates that this additional work (pathway) is totally independent of the SMART rail project and it will not impact the federal project. We do agree that since this pathway is adjacent to the project, it makes sense to take advantage to construct the pathway along with the rail project to minimize disruption to businesses and the general public. We do concur with your request and please keep in mind that we expect the following: • Keep us informed on the progress of this CNPA on a quarterly basis • Keep separate accounting costs for this pathway work (similarly to the Andersen Drive work) At the next PMOC/FTA oversight visit, we would like to take a quick project tour to the area to familiarize ourselves with this additional work. Best, Bernardo O. Bustamante, PE.,PMP Director of Program Management & Project Oversight US DOT — Federal Transit Administraton -Region IJ( 90 Seventh St., Suite 15-300, San Francisco, CA 94103 (415) 734-9454 Office ?02) 573-0059 Mobile From: Bill Gamlen (mailto:BGamlen@sonomamarintrain.orgl Sent: Wednesday, June 06, 2018 5:21 PM To: Paul, Julene (FTA) <julene.paul@dot.gov>; Bustamante, Bernardo (FTA) <Bernardo.Bustamante@dot.gov> c: Jonathan Spencer <JSpencer@lsgallegos.com>; Randy Teague (rteague@Isgallegos.com) <rteague@Isgallegos.com> Subject: RE: SMART Larkspur Extension Project - Request to Add Work for San Rafael Hello Bernardo and Julene — Please see the enclosed letter requesting concurrence to add a non -participating project element: half a mile of pathway construction for the City of San Rafael. Please call with questions. Sincerely, Bill Gamlen, P.E. Chief Engineer Sonama-Marin Area Rail Transit (SMART) 5401 Old Redwood Highway, Suite 200 Petaluma, CA 94954 (707) 794-3049 -rom: Paul, Julene (FTA) <lulene.paul@dot.gov> Sent: Tuesday, June 5, 2018 4:43 PM To: Bill Gamlen <BGamlen@sonomamarintrain.org>; Bustamante, Bernardo (FTA) <Bernardo.Bustamante@dot.gov> Cc: Jonathan Spencer <JSpencer@lsgallegos.com>; Randy Teague (rteague@lsgallegos.com) <rteague@lsgallegos.com> Subject: RE: SMART Larkspur Extension Project - Request to Add Work for San Rafael Hi Bill, It was good to speak to you today. As I mentioned, it would be helpful for us to have a bit more information about this proposed Concurrent Non -Project Activity, including details related to any possible impacts on the original contract. This would include assurances that this would not affect the federal project's -Scope -Cost -Schedule -Original NEPA document determination We'd also like some more detail about the price and contingency identified, and of course your understanding that the separation of project costs be very carefully documented. Thank you, and looking forward to hearing more. Ilene Paul Federal Transit Administration, Region IX 90 Seventh Street, Suite 15-300 San Francisco, CA 94103-6701 Phone Number: 415-734-9481 Email: iulene.paul@dot.gov From: Bill Gamlen[mailto:BGamlen@sonomamarintrain.org] Sent: Wednesday, May 30, 2018 8:50 PM To: Paul, Julene (FTA) <iulene.paul@dot.gov> Cc: Jonathan Spencer <JSPencer@Isgallegos.com>; Randy Teague (rteague@lsgallegos.com) <rteague@lsgallegos.com> Subject: SMART Larkspur Extension Project - Request to Add Work for San Rafael Hi Julene — I am writing to check in with you on some additional work that the City of San Rafael (City) has requested that we add to our design -build contract. The City has been developing plans to construct a bicycle and pedestrian pathway (Pathway) between Andersen Drive and Second Street in San Rafael that runs parallel to the Larkspur Extension track alignment. They have completed environmental clearance, prepared construction documents, secured regulatory construction permits, and lined up funding. They have enough funding to construct approximately half of the pathway — between Andersen and Rice Drives. This is the most challenging section of the overall pathway to construct once the SMART tracks are built. It is between the tracks and a drainage channel that will be very difficult and costly to build if not constructed before we build our tracks. Because of this, the City has focused on this section. At the City's request, SMART solicited pricing and a schedule analysis from our contractor to determine if it is feasible to qdd this work to the Project. The contractor provided a price of $4,557,019 for the work and was able to resequencing work so that there is no schedule impact if this work is added to the Project. The City is agreeable to the price and has identified a 20% contingency at SMART's request to cover any unforeseen changes that might arise during the construction of the pathway. We evaluated the contractor's proposal and concur that there is no significant risk to the project schedule by adding this work. Therefore, SMART is considering adding this work to the Project. It would be added and tracked as a concurrent non -participating project component. However, before we add the work, we want to be sure that the FTA is agreeable to including it n the Project. Thus, please provide FTA approval that SMART can add this pathway construction work to the Larkspur Extension Project as concurrent non -participating project component. Bill Gamlen, P.E. Chief Engineer Sonama-Marin Area Rail Transit (SMART) 5401 Old Redwood Highway, Suite 200 Petaluma, CA 94954 (707)794-3049 CONFIDENTIALITY NOTICE: This message, together with any attachments, is intended only for the use of the individual or entity to whom it is addressed and may contain information that is confidential and/or privileged and prohibited from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender immediately by telephone or by return e-mail and delete this zessage along with any attachments. Change Notice No. 011 Contract No.: CV -D&16-001 Contract Tale: Larkspur Extension Project N HA-MARINA�1i Date Prepared: 05/21/2018 Change Notice Title: City of San Rafael Multi Use Pathway from 2nd street to Andersen Drive COST & TIME PROPOSAL ONLY. Contractor shall submit, within fourteen days (14) of this request, a detailed price and schedule proposal supported with documentation that reflects all direct and indirect cost and time -related impacts on the Contract. Change Notice shall be in compliance with "General Condition 4.2.1 Change Notices and Change Requests". Scope of Work: As you know, the City and their Engineer, BKF, have been developing a design for a multiuse pathway between Second Street and Andersen Drive. They have finalized their design and secured construction permits from the regulatory agencies. They have requested that SMART consider adding this work to the Larkspur Extension Project. Enclosed and incorporated with this Change Notice are: 1. Pathway Construction Plans 2. Permit: Army Corps of Engineers Nationwide 14 Permit 3. Permit: California Department of Fish and Wildlife Lake or Streambed Alteration Agreement 4. Permit: San Francisco Regional Water Quality Control Board — Water Quality Certification 5. Mitigation and Monitoring Plan (referenced in the permits) Please provide pricing to construct the Pathway Project in two formats: 1, _Canplete�project: Second: Street to Andersen prive 2. Partial Project: Rice Drive to Andersen Drive What is especially important is to understand is what, if any, time impacts might occur to the Larkspur Extension Project if the pathway Project were added to the contract work. Concurred By: Bill Gamlen Title: Chief Engineer r / r ZI (Authorized Signature, SMART Eng.) ate Issued By: Ahmed Thleiji Title: Project Engineer q2- N �c (Autho(zed Signature, Lead) Date Acknowledged By: Title: Project Representative 7 v (Au ignature, Contractor) e Change Notice 011 Contract No.: CV -D&16-001 Contract Title: Larkspur Extension Project RJN .IPE.1 IML ; Please incorporate permit required work that is necessary to construct the Pathway. For example, any biological or cultural monitoring that is required for aspects of the work. However, do not include long-term monitoring for mitigation measures. Clearly state all assumptions and exclusions in our proposal. As you know since you have been advising BKF, time is of the essence is this work is to be completed as part of this contract. Thus, please provide your cost proposal as soon as possible, preferably this week. Initials: S z C Construction Manager Chief Engineer rector Page 2 of 2 Contract No.: CV -DB -16-001 Contract Title: Larkspur Extension Change Order No.: MUP-001- City of San Rafael Multi Use Pathway from Rice to Andersen Record of Negotiations Date: 6/4/2018 Time: Place: SMART Petaluma Office Attendees: Kevin McGowan, Hunter Young, Bill Gamlen, Ahmed Thleiji, Dan Elshire Recorded by: Ahmed Thleiji Summary of Negotiations: Ahmed, City of San Rafael Engineer, and the contractor discussed the cost proposal submitted by SWH. The proposal included the half of the pathway from Rice to Andersen $4,557,019. The City is agreeable to the price and has identified a 20% contingency at SMART's request to cover any unforeseen changes that might arise during the construction of the pathway. We evaluated the contractor's proposal and concur that there is no significant risk to the project schedule by adding this work. This is paid for by the City of San Rafael as part of the MUP project Negotiation and reviewing the contractor cost proposal is carried on by the City of San Rafael. SMART role on Andersen is mainly administrative through the change order process. Am rad We* Im May 25, 2018 Mr. Bill Gamlen Sonoma Marin Area Rail Transit 5401 Old Redwood Highway Petaluma, CA 94954 Reference: SMART Larkspur Extension Project Contract No. CV -DB -16-001 SWH Job No 16507 SWH-SMART-032 Subject: Proposal — CN No. 11: City of San Rafael Multi Use Pathway from Andersen to Rice Dear Mr. Gamlen, Stacy and Witbeck/Herzog, a Joint Venture (SWH) submits this proposal to construct the Multi Use Pathway from Rice to Andersen. As discussed with SMART, SWH does not believe they can complete the in -water work between Rice and 2nd Street this year. Therefore, SWH submits a price of $4,557,019 for only the section between Rice to Andersen. SWH has determined the schedule can be adjusted with no time impact to the milestones. Additional cost has been included to transport on -track equipment around the incomplete section of track adjacent to the MUP project, and to move on -track equipment from mainline to siding when constructing Francisco Blvd and 2nd St to mitigate against any schedule delays. This analysis was based on the following assumptions: 1. Direction given to procure precast member the first week in 6/4/18. 2. Direction given to procure sheet pile 5/25/18. 3. No time impact from environmental constraints such as rain, bats, nesting birds, etc. 4. Rock is not encountered when driving concrete or sheet piles. 5. NTP given 6/15/18. 6. Concrete can be placed for deck pour past September 20th. Schedule currently show last concrete placement on September 215'. General Plans plot dated May 8, 2018 All work performed ahead of track installation Any specific work required but not shown has not been included o Lighting changes o Traffic signal impacts o Under drains o Installing a wall or any other type of mitigation required to place the San Rafael South 1S Signal. It currently is assuming the top of signal foundation will be placed at a lower elevation then top of tie. • Have not included mitigation planting • Have not included any import for embankment o fills and backfills other than sheet piles to be made with native materials • Access to all areas — SMART ROW, • QC/QA testing to be by owner • Have not included any environmental survey, bird mitigations, cultural surveys/monitoring, etc • SWH can provide environmental monitoring service with an allowance. Suggested allowance amount would be $150,000 which would cover monitors on site every day during the in -water work window • Does not include any other mitigations that may be required by the permits • No permits are included in pricing Erosion Control • Assumes that this will be under SMART's existing permit and not a separate plan / reporting • Work will be complete prior to January 11t, 2019 Survey • Does not include settlement monitoring • Does not include vibration monitoring Traffic Control • Misc Flagging only Asphalt • Placed in single lift Earthwork • Material is free of contaminants and no special handling Class II Aggregate Base • Use of recycle base is allowed Tire Derived Aggregate • TDA will not be used • Clear Lake Lava LWF similar to what was used for DP -1 work will be utilized • Fill is only behind sheet pile walls, all other BF on project is native • Quantity allowed o South of Rice — up to 500 cy Sheet Pile • Use of PZ27, ATSM A690 material at quantities shown on 100% plan • Quantities to be verified and approved by owner ahead of placement of order • Sheet pile is subject to prior sale • Final cut off for quantity adjustments is May 25, 2018 • All steel to be ordered at single time • Sheet pile corners to be made of standard grade steel Pile support precast plank • Hollowcore deck system • Bent caps and abut caps are same detail • Piles as clarified 5/16/18 • Edge bent metal to be used as side forms to be left in place similar to high rise • Rebar to be #6 black, no epoxy or coatings 12" oc each way • Gravity blocks not to exceed two high o Drainage not shown or priced • Reuse of salvage blocks Handrail • To be 4ft chain ink against creek • Include 6ft std _altrans between stat ons Andersen to 71+11 • Include 8ft Security Fence per SMART standards between 62+60 85+62 Mitigation planting • Not included Traffic Stripe & Signage • Single thermos stripe down median of path • Includes $2,500 allowance to deal with sign at Irwin • No other string or signage included as no plans provided (included in index only) Traffic Signal / Signal Sub • Ped crossing at Rice • Service and service pedestals to be provided by others Path Lighting • Pricing not updated from 75%. • Assumes compatible without modification for new fence detail Path Lighting 44 steel pole • Pricing not updated from 75%. Path Lighting Circuit • Hang on edge of fence for precast segments • Service and service pedestals to be provided by others • Service to be provide within limits of pathway • Lighting provided between Andersen and Rice only Curb and gutter • As shown Catch basin and Pipe • Stub RCP to standard CB near Andersen Clear and grub • Includes vegetation only as required • Includes removal of box at Maserati Down Drains • Extend self -storage down drains to C&G Walkway Ballast • Add walkway ballast between Andersen and Rice adjacent to new fence Environmental Documents • Assume Bridge Deck Pour & Curb and Gutter on Sheet pile wall can take place after September 20` since it is assumed to be above the high flow line. • Any creek diversion or dewatering is excluded. Sincerely, Stacy and Witbeck/Herzog, A JV Dan Elshire Contractors Representative cc: NS, file Andersen Drive to Rice Drive Bid Proposal Biditem Description Quantity Units Un It Price Bid Total 100000 Mobilization 1 LS $69,505.28 $69,505.28 200000 Erosion Control - Includes QSP Services 1 LS $80,412.65 $80,412.65 300000 Survey and Layout 1 LS $61,374.48 $61,374.48 400000 Traffic Control 1 LS $12,065.07 $12,065.07 500000 Asphalt Concrete Paving 610 TN $227.89 $139,012.90 600000 Earthwork - Material Moved Onsite 1750 CY $178.35 $312,112.50 700000 Earthwork - Import 1 LS $0.00 800000 Class II Aggregate Base 875 CY $397.17 $347,523.75 900000 Tire Derived Aggregate fill 1 LS $59,679.16 $59,679.16 1000000 Concrete Sidewalk 1 LS $0.00 1100000 Sheet Pile Wall 1764 LF $509.60 $898,934.40 1200000 MSE Retaining Wall - Eliminated 1 LS $0.00 1300000 Pile Supported Precast Plank 840 LF $2,105.50 $1,768,620.00 1400000 Metal handrailing 1 LS $254,658.16 $254,658.16 1500000 Mitigation Planting 1 LS $0.00 1600000 Striping Thermoplastic 8" 4100 LF $1.84 $7,544.00 1700000 Crosswalk IMP, Signal Heads, Ramp Modifications 1 LS $131,142.04 $131,142.04 1800000 Path Lighting Fixture - AND LA631.1-P029-LD4-M-T2 25 EA $2,229.41 $55,735.25 1900000 Path Lighting 12" Steel Pole (4"x4" square) 25 EA $1,442.56 $36,064.00 2000000 Path Lighting Conduit 2400 LF $68.22 $163,728.00 2100000 Curb and Gutter 687 LF $82.08 $56,388.96 2200000 Catch Basin and Pipe 1 LS $12,458.49 $12,458.49 2300000 48" Storm Drain 63 LF $0.00 2500000 Clear and Grub 1 LS $51,615.14 $51,615.14 2600000 Down Drain Mods 1 LS 1 $10,622.50 $10,622.50 2700000 Walkway Ballast 253 TN 1 109.97 $27,822.41 BASE BID - Rice South $4,557,019.14 SNONI 4�MAR-SIV 'A R E A R A I L TR .4 N SIT David Rabbitt Sonoma County Board of Supervisors The City has been developing plans to construct a bicycle and pedestrian carol Russell June 6, 2018 Debora Fudge, Chair Rafael that runs parallel to the Larkspur Extension track alignment. Sonoma County Mayors' and They have completed environmental clearance, prepared construction Councilmembers Association documents, secured regulatory construction permits, and lined up Sonoma County Board of Supervisors Bernardo Bustamante Judy Arnold, Vice Chair Marin County Board of5upervisors Director - Office of Program Management & Oversight Federal Transit Administration Darras Conte Department of Transportation Marin County Board of Supervisors will be very difficult and costly to build if not constructed before we 90 Seventh Street Jhn Eadie Golden Gate Bridge, Suite 15-300 Highway/rransportation District San Francisco, CA 94103 Dan ffdlmer At the City's request, SMART solicited pricing and a schedule analysis Marin County Council of Mayors and RE: SMART Larkspur Commuter Rail Extension Project Coun ilmembers Additional Scope: Non -participating Project Component Eft tumn was able to resequencing work so that there is no schedule impact if Transportation Authority of Marin Dear Mr. Bustamante: Sonoma County Mayors' and Councilmenbers Association I am writing to seek your concurrence on additional work scope that the p City of San Rafael (.City) has requested that we add to our design -build Golden Barbara �e Gate Bridge, contract for the Larkspur Commuter Rail Extension Project. The work Highway/Transportation District consists of constructing approximately half a mile of bicycle and "P11111111135 pedestrian pathway that would be completely funded by the City as a Transportation Authority of Marin non -participating project component. David Rabbitt Sonoma County Board of Supervisors The City has been developing plans to construct a bicycle and pedestrian carol Russell pathway (Pathway) between Andersen Drive and Second Street in San Sonoma County Mayors' and Rafael that runs parallel to the Larkspur Extension track alignment. CouncilmembersAssociation They have completed environmental clearance, prepared construction Shirlm Zane documents, secured regulatory construction permits, and lined up Sonoma County Board of Supervisors funding. They have enough funding to construct approximately half of the pathway—between Andersen Drive and Rice Drive. This is the most challenging section of the overall pathway to construct once the SMART Farhad General Manager Mansourian Genera tracks are built. It is between the tracks and a drainage channel that will be very difficult and costly to build if not constructed before we build our tracks. Because of this, the City has focused on this section. 5401 Old Redwood Highway Suite 200 Petaluma, CA 94954 At the City's request, SMART solicited pricing and a schedule analysis PhoFax: 707794-3 37 Fax: 707-794-3037 from our contractor to determine if it is feasible to add this work to the www.sonomamarintrain.org Project. The contractor provided a price of $4,557,019 for the work and was able to resequencing work so that there is no schedule impact if this work is added to the Project. Letter to Bernardo Bustamante June 6, 2018 Page 2 of 2 The City is agreeable to the price and has identified a 20% contingency at SMART's request to cover any unforeseen changes that might arise during the construction of the pathway. The City approved the cost of the work, including the 20% contingency at its Council meeting on June 4, 2018. (See attached letter from the City). The City completed an environmental evaluation that conforms to the California Environmental Quality Act (CEQA) for the Pathway Project. The project is. independent of the SMART Larkspur Extension Project and therefore, does not conflict with or adversely impact the NEPA findings for the Larkspur Extension Project. It is critical that this work be included at this time so that it does not impact the Larkspur Extension Project schedule. The City just secured the last of the required regulatory permits on May 18th. The permits have very limited in -water work windows during the summer months for the work along the drainage channel. Thus, for the pathway to get incorporated into the project, it must happen now. The SMART Project Team has evaluated the contractor's proposal and concur that there is no significant risk to the project schedule by adding this work. Because the two projects are independent, schedule risks to the Federal Project are minimized. We have worked closely with City staff on the construction of the Andersen Drive at -grade crossing during the past few months and have developed a solid working relationship that adds additional assurance that SMART and the City will be able to work through any unexpected conditions that could arise as a part of constructing the work. Therefore, SMART is considering adding this work to the Project. It would be added and tracked as a concurrent non -participating project component. Costs will be segregated from the Federal Project just as we have done with the City funded Andersen Drive work. However, before we add the work, we want to be sure that the FTA is agreeable to including it in the Project. Thus, please provide FTA concurrence that SMART can add this pathway construction work to the Larkspur Commuter Rail Extension Project as concurrent non -participating project component at your earliest convenience. Sin erely, Bill Gamlen, P.E. Chief Engineer Enclosure: June 4th & May 30th Letters from San Rafael C: Julene Paul, FTA Farhad Mansourian, SMART June 6, 2018 Farhad Mansourian Bill Gamlen Sonoma -Marin Area Rail Transit (SMART) 5401 Old Redwood Highway, Suite 200 Petaluma CA, 94954 Re: City of San Rafael Multi -Use Pathway— Rice Drive to Andersen Drive Dear Farhad & Bill: This is to follow up on my letter of May 30, 2018. That letter stated our request that SMART move forward with the construction of the Multi -Use Path (MUP) from Rice Drive to Andersen Drive, subject to the approval of the City of San Rafael City Council. I am now writing to inform you that the City of San Rafael City Council did approve this request on June 4, 2018 through their adoption of Resolution No. 14516. The City, therefore, is formally requesting the issuance of a change order to construct the MU P from Rice Drive to Andersen Drive and has assembled the necessary funding and approvals. Thank you again for your role in making this MUP happen as it is an extremely important bicycle/pedestrian connection through our community. Please let me know should you have any questions. Sincerely, .-� , C� Jim Schutz City Manager City of San Rafael C: Bill Guerin, City of San Rafael Director of Public Works CITY OF SAN RAFAEL 1 ., &VJP@WM Gary 0 Phillips, Mayor • John Gamblin, Vice Mayor - Maribeth Bushey, Councilmember - Kate Colin, Councilmember - Andrew Cuyugan McCullough, Councilmember R•4F,��` a� a = s� y�0 WITH IL 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 Mufti -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 hand 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 41' 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 staffs recommendations on the June 41h, 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 4''. C I�OOI;��.Yrki� � o o PII�uNI��q��J�3Clil • • Gary O. Phillips, Mayor • John Gamblin, Vice Mayor • Kate Colin, Councilmember • Maribeth Bushey, Councllmember • Andrew Cuyugan McCullough, Councllmember Rice to Andersen Multi -Use Pathway May 30, 2018 Page 2 of 3 3. Notice to Proceed by June 15"': 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 4"' 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 31 Street: We have no objection to proceeding with closing 2nd and 31d 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 species 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. C�Iii4�E�1'•q�it� � • s �'�'l�,�gG��4k�•�I ;� •' ' ' _' o Gary O. Phillips, Mayor • John Gamblin, Vice Mayor - Kate Colin, Councilmember - Maribeth Bushey, Councilmember • Andrew Cuyugan McCullough, Councilmember Rice to Andersen Multi -Use Pathway 3 May 30, 2018 Page 3 of 3 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, 4 S^11 � Jim Schutz, City Manager C: Bill Guerin, Public Works Director Gary 0 Phillips, Mayor • John Gamblin, Vice Mayor • Kate Colin, Councilmember • Maribeth Bushey, Councilmember • Andrew Cuyugan McCullough, Councilmember RA a 2 c'ryl'�'ITH P♦Ay 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 staffs recommendations on the June 411, 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 rece ved 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 bj Council on June 4 Gary 0 Phillips, Mayor • John Gamblin, Vice Mayor • Kate Colin, Councilmember • Manbeth Bushey. Councilmember • Andrew Cuyugan McCullough Councilmember Rice to Andersen Multi -Use Pathway May 30, 2018 Page 2 of 3 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 4 l 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 2"1 and 31 Street: We have no objection to proceeding with closing 2"1 and 31 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. ... C5'I Ii�7OG �V� '� 11 e o ��Cjl•,Wij I�, • • • e o • • --- GaryCi Phillips Mayor • John Gamblin. Vice Mayor • Kate Colin Council member • Maribeth Bushey, Councilmember • Andrew Cuyugan McCullough, Councilmember Rice to Andersen Multi -Use Pathway 3 May 30, 2018 Page 3 of 3 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, k�s^' �' Jim Schutz, City Manager C: Bill Guerin, Public Works Director cx��ox•� rr���N�r-„ s� r�r.. coaan cx c�irrx-x�ra , . Gary 0 Phillips Mayor • John Gamblin, Vice Mayor • Kate Colin Councilmember - Manbeth Bushey Councilmember • Andrew Cuyugan McCullough, Councilmember Negin Saghaee From: Bill Gamlen Sent: Friday, June 1, 2018 12:47 PM To: Negin Saghaee Subject: FW: SWH-SMART 032 - Proposal CN11 - MUP Andersen to Rice Attachments. SWH-SMART 032 -CN11 MUP Andersen to Rice.pdf From: Bill Gamlen Sent: Friday, May 25, 2018 4:47 PM To: Jim Schutz <Jim.Schutz@cityofsanrafael.org>; Bill Guerin<Bill.Guerin@cityofsanrafael.org> Cc: Farhad Mansourian (fmansourian@sonomamarintrain.org) <fmansourian@sonomamarintrain.org>; Ahmed Thleiji <athleiji@sonomamarintrain.org>; Kevin McGowan (Kevin.Mcgowan@cityofsanrafael.org) <Kevi n. M cgowa n @cityofsa n rafae I.org> Subject: FW: SWH-SMART 032 - Proposal CN11- MUP Andersen to Rice Hello Jim and Bill — We received a price proposal today from the contractor for the Andersen to Rice Pathway which is enclosed for your review. Their price to complete the work is $4.56M. They have determined that they can complete the work within the SMART Larkspur Extension Project without any delay to the project schedule. They have been able to re -sequence work activities to stay within the project schedule. They have identified a couple key dates that must be met in order to make this work: • Order Steel Sheet Piles by May 25. (1 believe you have done that by issuing a purchase order directly to the contractor today.) • Oder precast concrete components (Piles and decking) by June 4tH 0 Issue Notice -to -Proceed (NTP) for the work by June 15' It appears that SMART can make this work, but we have a few conditions that City will need to meet: 1. We can take a change order for the work to our Board for approval on June 6"'. In order to make this date, we require a formal letter from you Jim to me, accepting the contractor's price proposal and agreeing to these conditions by COB Wednesday May 30`h. Note that the SMART Board approval is 2 days later than the precast concrete commitment date. This may require the City to make this purchase in advance like the steel sheet pile purchase. 2. The City commits 20% contingency to the project to keep the project on schedule. This will allow for quick responses to differing site conditions and other challenges that arise. This approach has worked well for the Andersen Drive crossing construction. 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 20:00 Friday to 05:00 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. S. 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 our satisfaction prior to construction. 7. The City is responsible for all permit requirements including but not limited to mitigation, reporting, communications, etc. Note that the contractors price does not include any biological or cultural monitoring that is required by the permits. In their proposal they have included an option to set up an allowance for this work if you like, but it is not included in the price. Please review this information and I am available to discuss. Sincerely, Bill Gamlen, P.E. Chief Engineer Sonama-Marin Area Rail Transit (SMART) 5401 Old Redwood Highway, Suite 200 Petaluma, CA 94954 (707) 794-3049 From: Nicholas Slama <NSlama@stacywitbeck.com> Sent: Friday, May 25, 2018 11:07 AM To: Bill Gamlen <BGamlen@sonomamarintrain.gM>; Ahmed Thleiji<athleiii@sonomamarintrain.ore>; Negin Saghaee <NSaehaee@sonomamarintrain.ore> Cc: Dan Elshire <delshire @stacywitbeck.com> Subject: SWH-SMART 032 - Proposal CN11- MUP Andersen to Rice Bill, Find attached letter SWH-SMART 032 - Proposal CN11- MUP Andersen to Rice. Nick Slama Stacy and Witbeck/Herzog a JV (510) 393-2520 Cell CONFIDENTIALITY NOTICE: This message, together with any attachments, is intended only for the use of the individual or entity to whom it is addressed and may contain information that is confidential and/or privileged and prohibited from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender immediately by telephone or by return e-mail and delete this message along with any attachments.