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’
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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.
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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
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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
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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
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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
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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