HomeMy WebLinkAboutCC Resolution 14608 (Second and Third Street SMART-Related Signal Improvements)1
RESOLUTION NO. 14608
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING WITH THE SONOMA-MARIN AREA RAIL TRANSIT DISTRICT TO
INCLUDE CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS IN THE AMOUNT OF
$324,876, AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $55,124, FOR
A TOTAL APPROPRIATED AMOUNT OF $380,000.
WHEREAS, Sonoma-Marin Area Rail Transit (SMART) has begun to construct a rail
line from central San Rafael to Larkspur Landing (the “Larkspur Extension”); and
WHEREAS, SMART is currently utilizing Stacy and Witbeck/Herzog (SWH) for their
design-build contract for the Larkspur Extension project; and
WHEREAS, in connection with SMART’s Larkspur Extension project, the City of San
Rafael desires to construct traffic signal improvements and install railroad pre-emption at
SMART’s railroad crossings on Second and Third Streets per California Public Utilities
Commission (CPUC) requirements; and
WHEREAS, the City retained Kimley-Horn and Associates to design traffic signal
improvements at SMART’s railroad crossings on Second and Third Streets; and
WHEREAS, a design for the traffic signal improvements project was completed in
October 2018; and
WHEREAS, City staff and SMART staff have been working to finalize a second
amendment to their March 2017 Memorandum of Understanding, memorializing detailed terms
under which the City and SMART will cooperate to incorporate construction of the traffic signal
improvements at Second and Third Streets into the Larkspur Extension project, as well as the
parties’ understanding regarding responsibilities for future maintenance of the traffic signal
improvements that may be located within SMART’s right of way; and
WHEREAS, SWH has begun construction of the new rail line and intends to begin work
that could incorporate the traffic signal improvements at Second and Third Streets; and
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WHEREAS, SMART has provided the City with a cost proposal in the amount of
$324,876 to incorporate the traffic signal improvements into the Larkspur Extension project; and
WHEREAS, the City Council finds that it is reasonable to waive formal bidding for the
construction of the traffic signal improvements 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 traffic
signal improvements so that the rail line and traffic signal work together;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1.City staff are hereby authorized to work with SMART staff to finalize the terms of
the second amendment to the Memorandum of Understanding to authorize
construction of the Second and Third Street Traffic Signal Improvements as part
of the construction of SMART’s Larkspur Extension.
2.The Council hereby waives formal bidding and approves and authorizes the City
Manager to execute the finalized second amendment to the Memorandum of
Understanding with SMART to authorize SMART to construct the Second and
Third Street Traffic Signal Improvements in an amount of $324,876, and
authorizes $55,124 be made available to use for potential contingencies that arise
during construction.
3.The plans and specifications for the Second and Third Street Traffic Signal
Improvements, City Project No. 11335, on file in the office of the Department of
Public Works, are hereby approved.
4.Funds totaling $380,000 shall be appropriated from the Traffic Mitigation Fund
(#246) to the Second and Third Streets Traffic Signal Improvement Project
(Project No. 11335) to accommodate this agreement.
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5.The Director of Public Works is hereby authorized to take any and all such actions
and make changes as may be necessary to accomplish the purpose of this
resolution.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City on the 3rd day of December 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: Bushey
_______________________
Lindsay Lara, City Clerk
5401 Old Redwood Hwy. Suite 200
Petaluma, California 94954
SWH-SMART-074
October 15, 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
Subject: Proposal – Preemption 2nd and 3rd Street
Dear Mr. Gamlen,
Stacy and Witbeck/Herzog, a Joint Venture (SWH) submits this proposal to install preemption at 2nd and 3rd
Streets pursuant to City of San Rafael plans prepared by Kimley Horn, dated August 2018. Total price to
provide this work is $324,876.
The following conditions shall apply:
· Pricing assumes that work can be coordinated within existing contract time
o Actual lead times for materials cannot be determined until submittals are approved and order
has been placed (poles are currently 20 to 22 weeks)
· SMART/City shall provide the following
o Layout (survey not included)
o Any required connection fees
o All coordination with Golden Gate Bridge if required
o All coordination with Caltrans, if required
o Any required permits at no cost, including Caltrans
· SWH specifically excludes the following
o Design coordination with SMART LE Design Build Plans
As-builts to be provided in the form of redlines
o Costs associated with coordination with Golden Gate Bridge
o Costs associated with contaminated materials
o Costs associated with rebuilding of ADA access ramps
Not indicated on plans, but subject to final pole location by City
o Any work not specifically covered within this proposal
Should you have any questions please do not hesitate to contact the undersigned.
Sincerely,
Stacy and Witbeck/Herzog, A JV
Nicholas Slama
Contractors Representative
Attachments; pricing breakdown sheet; MBE pricing dated 9/10/18
cc: DE, file
10/15/2018
Cost: 309,343.40$
SMART Larkspur Extension Markup: 15,532.50$
CV-DB-16-001
Description QTY Hours Rate/ Cost Total Amount
A Labor
-$
-$
-$
Subtotal Labor -$
Labor Surcharge (12%)-$
Total Labor Cost -$
B. Equipment
-$
-$
Subtotal Equipment -$
C. Material
Dumpfees (assumes going to landfill) 40 cy 80.00$ 3,200.00$
Traffic Control Plans 5 ea 350.00$ 1,750.00$
-$
Tax on Materials ((9%) INC
Subtotal Material 4,950.00$
D. Subcontracts
Mike Brown Electric plus 2% bond 1.02 LS 290,000.00$ 295,800.00$
Survey - LAYOUT PROVIDED BY CITY -$
Subtotal Subcontract 295,800.00$
A. Subtotal Labor -$
Labor Markup (22%)-$
Total Labor -$
B. Subtotal Equipment -$
Equipment Markup (15%)-$
Total Equipment -$
C. Subtotal Material 4,950.00$
Material Markup (15%)742.50$
Total Material 5,692.50$
D.Subtotal Subcontract 295,800.00$
Subcontract Markup (5%)14,790.00$
Total Subcontract 310,590.00$
Subtotal Change Order 316,282.50$
Insurance (1.7%)5,376.80$
Contractor Bond (1.0%)3,216.59$
Total Change Order 324,875.90$
COR - 051 - Preemption 2nd and 3rd
Bid Item Description Quantity Unit Price Total
Pedestrian Safety Lighting and Crosswalk * Lump $290,000.00
*Bid based on Kimley Horn plan sheets TS-1
through TS-5 and CD-1, all dated August 2018.
No specifications provided to apply to this bid.
Total Base Bid: $290,000.00
Note: 1. Bid Based on Monthly Progress Payments with Final Payment (including retention) due 30 days
after acceptance of our work by the owner.
2. Any Plan changes or specifications issued for this scope of work/plan sheets will require re-
quoting and/or additional compensation for changes made.
Addenda’s Noted:
Excludes: 1) Layout/Staking
2) Permits/Fees including Caltrans
3) Bond
4) Traffic Control Plans
5) Off Haul of Spoils
6) PG &E Fees (if any)
7) Hazardous Waste Removal
Mike Brown Electric Co.
561-A Mercantile Dr.
Cotati, CA 94931-3040
(707) 792-8100 · FAX: (707) 792-8110
Cont. Lic. #306767
D.I.R. #1000000469
PROJECT: SMART Larkspur Extension – 2nd & 3rd St
Preemption – MBE PCO 41
LOCATION: San Rafael
BID DATE: 9/10/18
CONTRACT:
Date: 9/10/18
To: Dan Elshire – Stacy and Witbeck/Herzog
From: Austin Smith
THE FOLLOWING IS OUR BID FOR THE ABOVE-REFERENCED PROJECT
AMENDMENT NO. 2 TO MOU
SMART AND CITY OF SAN RAFAEL
THIS AMENDMENT NO. 2 to the MOU dated March 14, 2017, is entered into as of
this____ date of ___________, 20___, 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. On July 15, 2018, the Parties agreed to amend the March 14, 2017 MOU
(Amendment No. 1) to include the City’s Andersen Drive to Rice Drive Multi-use
Pathway Project as part of the Larkspur Extension Project.
4. The City has requested that SMART also include the City’s Second and Third Street
At-Grade Railroad Crossing Improvements Project as part of the Larkspur Extension
Project.
5. SMART has obtained a proposal from its contractor, which has been reviewed and
approved by the City, and has agreed to include the Second and Third Street At-
Grade Railroad Crossing Improvements 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, as amended by Amendment No. 1, is hereby
amended to add new Article VI, to read as follows:
ARTICLE VI
1. Recitals
A. The above recitals are true and correct and are hereby incorpor ated in and
expressly form a part of this Agreement.
2. Scope of Work
The Parties desire to make the following improvements as part of the SMART Larkspur
Extension Project:
Second and Third Street At-Grade Railroad Crossing Improvements Project. The work
includes the installation of traffic signal poles and railroad pre-emption in connection
with SMART’s rail system at the at-grade crossings on Second and Third Streets in San
Rafael. The elements that make up the project include, but are not limited to, traffic
signal poles, conduit, conductors, electronic blank out signs, CCTV cameras , vehicle
detector loops, and other supporting items. Specifics of the project are detailed in the
construction documents in Exhibit A to this Amendment No. 2.
3. City’s Responsibilities
City shall be responsible for the following with respect to the Second and Third Street
At-Grade Railroad Crossing Improvements Project:
A. Payment: City shall be responsible for paying all costs associated with
constructing the Second and Third Street At-Grade Railroad Crossing
Improvements 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 Second and Third Street At-Grade Railroad Crossing Improvements
Project will cost Three-Hundred Twenty-Four Thousand Eight Hundred Seventy-
Six Dollars ($324,876) plus up to an additional 17% contingency. The costs are
shown in Exhibit B to this Amendment No. 2. SMART shall bill City for progress
payments during the course of construction, and City pay such invoices in full
within 30 days of receipt.
B. CPUC: City shall be responsible for securing approval from the California Public
Utilities Commission (CPUC) for the Second and Third Street At-Grade Railroad
Crossing Improvements Project in the form of approved General Order 88-Bs.
The City shall comply with all CPUC conditions of approval at its own expense.
C. 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. 2.
D. Environmental Documentation and Regulatory Permits: City has or shall obtain
all required environmental clearances and regulatory permits for the Second and
Third Street At-Grade Railroad Crossing Improvements 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.
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
Second and Third Street At-Grade Railroad Crossing Improvements Project.
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: As set forth in Article V, Section 3. F., of Amendment No. 1, City
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. No additional permits or approvals will be required.
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.
It is anticipated that SMART’s contractor will construct to the greatest extent
feasible those portions of the City’s Second and Third Street At-Grade Railroad
Crossing Improvements Project during the road closure and will minimize the
number of lane closures on Second or Third Streets during daytime hours outside
of the full road closure. At no time shall full road closures of Second and Third
Streets be permitted to occur at the same time.
H. Quiet Zone: The City is responsible for any improvements that may be
necessary if the City chooses to pursue a quiet zone for the Second and Third
Street at-grade crossings.
I. Inspection: City may inspect, at its expense, the Second and Third Street At-
Grade Railroad Crossing Improvements Project during construction and at the
conclusion of the construction work. The City may not direct SMART’s
contractor.
J. Ownership and Maintenance: City shall own, operate and maintain the City
funded railroad pre-emption traffic signal systems, including, but not limited to,
traffic signal poles, conduits, conductors, electronic blank out signs, CCTV
cameras, and any other element directly related to providing a complete and
functioning traffic signal system. at the railroad crossings on Second and Third
Streets.
4. SMART’s Responsibilities
SMART shall be responsible for the following as to the Second and Third Street At-Grade
Railroad Crossing Improvements Project:
A. Design-Build Contract: SMART shall include by Change Order the Second and
Third Street At-Grade Railroad Crossing Improvements Project improvements as
part of the planned design-build contractor procurement for the SMART
Larkspur Extension Project.
B. Procedures: SMART shall prepare and submit to the City change orders that
would be required to complete the Second and Third Street At-Grade Railroad
Crossing Improvements Project 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, as amended by the July 15, 2018 Amendment No. 1 shall remain in full
force and effect and shall apply to the Second and Third Street At-Grade Railroad Crossing
Improvements Project.
IN WITNESS WHEREOF, SMART and the City have executed this Amendment No. 2 as of
the date first above written.
CITY OF SAN RAFAEL SONOMA-MARIN AREA RAIL TRANSIT
DISTRICT
By:____________________ By:_______________________________
Jim Schutz, City Manager Farhad Mansourian, General Manager
ATTEST:
_______________________
Lindsay Lara, City Clerk
APPROVED AS TO FORM APPROVED AS TO FORM FOR SMART
FOR CITY:
______________________ _______________________________
Robert F. Epstein, City Attorney SMART General Counsel
EXHIBIT A
Construction Documents
EXHIBIT B
Second and Third Street At-Grade Railroad Crossing Improvements Project
Estimated Project Budget
Description Costs
SMART Contract Change Order $324,876.00
Contingency (17%) $55,124.00
Budget Total $380,000.00
2ND AND 3RD STREETSAT-GRADE RAILROADCROSSING IMPROVEMENTSCONSTRUCTION
SEPTEMBER 2018
ISSUED FOR
CV-1 COVER SHEETRAILROAD CROSSING IMPROVEMENTS
CITY PROJECT NO. 11335
CITY FILE NO. 18.01.84
CITY OF SAN RAFAEL
LOCATION MAP
APPROVED:
INDEX OF SHEETS
HETHERTONSTREETIRWIN STREETLINCOLNAVENUETAMALPAISAVENUE3RD STREET
2ND STREET
RI
T
T
E
R
S
T
R
E
E
T
F
R
A
N
C
I
S
C
O
B
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2ND AND 3RD STREETS AT-GRADE
SHEET #SHEET DESIGNATION SHEET TITLE
2ND AND 3RD STREETSAT-GRADE RAILROADCROSSING IMPROVEMENTSCONSTRUCTION
SEPTEMBER 2018
ISSUED FOR
GN-1 NOTES, LEGEND,ABBREVIATIONSGENERAL NOTES ABBREVIATIONS LEGEND
2ND AND 3RD STREETSAT-GRADE RAILROADCROSSING IMPROVEMENTSCONSTRUCTION
SEPTEMBER 2018
ISSUED FOR
TS-1
CONSTRUCTION NOTES:
GENERAL NOTES:2ND STREET RAILROAD CROSSINGGENERAL NOTES:HETHERTONSTREET2ND STREETTAMALPAISAVENUE
US 101 SBON-RAMPFRANCISCOBOULEVARDWESTEXISTING PHASE DIAGRAM PROPOSED PHASE DIAGRAM
DETAIL 'A'
EXISTING PHASE DIAGRAM
DETAIL 'B'
2ND AND 3RD STREETSAT-GRADE RAILROADCROSSING IMPROVEMENTSCONSTRUCTION
SEPTEMBER 2018
ISSUED FOR
TS-2 TRAFFIC SIGNAL SCHEDULES -2ND STREET AT TAMALPAIS AVENUE2ND STREET AT TAMALPAIS AVENUE
CONDUCTOR SCHEDULE
2ND STREET AT TAMALPAIS AVENUE POLE AND EQUIPMENT SCHEDULE
N
N
N
N
N
2ND AND 3RD STREETSAT-GRADE RAILROADCROSSING IMPROVEMENTSCONSTRUCTION
SEPTEMBER 2018
ISSUED FOR
TS-3 TRAFFIC SIGNAL SCHEDULES -2ND STREET AT HETHERTON STREET NN N N N N N
2ND STREET AT HETHERTON STREET POLE AND EQUIPMENT SCHEDULE
N
N
2ND STREET AT HETHERTON STREET
CONDUCTOR SCHEDULE
RAILROAD PREEMPTION CIRCUITS
W2ND AND 3RD STREETSAT-GRADE RAILROADCROSSING IMPROVEMENTSCONSTRUCTION
SEPTEMBER 2018
ISSUED FOR
TS-4
GENERAL NOTES:TRAFFIC SIGNAL PLAN -3RD STREET RAILROAD CROSSINGTAMALPAISAVENUEEXISTING PHASE DIAGRAM PROPOSED PHASE DIAGRAM
DETAIL 'A'HETHERTONSTREET3RD STREET
CONSTRUCTION NOTES:
2ND AND 3RD STREETSAT-GRADE RAILROADCROSSING IMPROVEMENTSCONSTRUCTION
SEPTEMBER 2018
ISSUED FOR
TS-5 TRAFFIC SIGNAL SCHEDULES -3RD STREET AT TAMALPAIS AVENUEN
R
3RD STREET AT TAMALPAIS AVENUE POLE AND EQUIPMENT SCHEDULE
N N
N
N
N
N N N N
N
N
N
N
N
N
RAILROAD PREEMPTION CIRCUITS
3RD STREET AT TAMALPAIS AVENUE
CONDUCTOR SCHEDULE
R
2ND AND 3RD STREETSAT-GRADE RAILROADCROSSING IMPROVEMENTSCONSTRUCTION
SEPTEMBER 2018
ISSUED FOR
CD-1 CONSTRUCTION DETAILSBLANK-OUT SIGNS
SIGNAL POLE CAMERA MOUNTING
POLE MOUNT - PTZ CCTV CAMERA