HomeMy WebLinkAboutPW Third Street Rehabilitation Project____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: February 7, 2022
Disposition: Resolutions 15032 x 15033 x 15034 x 15035
Agenda Item No: 8.a
Meeting Date: February 7, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: __________
TOPIC: THIRD STREET REHABILITATION PROJECT
SUBJECT: ADOPT RESOLUTIONS RELATED TO THE THIRD STREET REHABILITATION
PROJECT, CITY PROJECT NO. 11315
1.RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONSTRUCTION AGREEMENT FOR THIRD STREET
REHABILIATION PROJECT TO GHILOTTI BROS. INC., IN THE AMOUNT OF
$18,248,707.54, AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT
OF $2,551,292.46 FOR A TOTAL APPROPRIATED AMOUNT OF $20,800,000.
2.RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR
ENGINEERING CONSTRUCTION SUPPORT SERVICES ASSOCIATED WITH
THIRD STREET REHABILIATION PROJECT, IN THE AMOUNT OF $117,000
FOR NEW TOTAL PROFESSIONAL SERVICES AGREEMENT OF $1,042,782.
3.RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A REIMBURSEMENT AGREEMENT WITH THE SAN RAFAEL
SANITATION DISTRICT FOR BID SCHEDULE B OF THE CONSTRUCTION
CONTRACT, CONSTRUCTION MANAGEMENT, AND MATERIAL TESTING
SERVICES FOR THE THIRD STREET REHABILITATION PROJECT.
4.RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A REIMBURSEMENT AGREEMENT WITH THE MARIN MUNICIPAL
WATER DISTRICT FOR BID SCHEDULE C OF THE CONSTRUCTION
CONTRACT AND CONSTRUCTION MANAGEMENT FOR THE THIRD STREET
REHABILITATION PROJECT.
RECOMMENDATION: Staff recommends that the City Council:
1.Adopt a resolution awarding and authorizing the City Manager to execute the
Construction Agreement for the Third Street Rehabilitation Project to Ghilotti Bros. Inc.
(GBI), in the Amount of $18,248,707.54 and authorizing contingency funds in the amount
of $2,551,292.46 for a total appropriated amount of $20,800,000.
2.Adopt a resolution approving and authorizing the City Manager to execute an
amendment to the professional services agreement with CSW/Stuber-Stroeh
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Engineering Group, Inc. (CSW), for engineering construction support services
associated with the Third Street Rehabilitation Project, in the amount of $117,000 for a
new total professional services agreement of $1,042,782.
3. Adopt a resolution approving and authorizing the City Manager to execute a
reimbursement agreement with the San Rafael Sanitation District for Bid Schedule B of
the construction contract, construction management, and material testing services for
the Third Street Rehabilitation Project.
4. Adopt a resolution approving and authorizing the City Manager to execute a
reimbursement agreement with the Marin Municipal Water District for Bid Schedule C of
the construction contract and construction management of the Third Street Rehabilitation
Project.
BACKGROUND:
The Transportation Authority of Marin (TAM) established the Measure A Expenditure Plan
(Plan) in 2004. In June 2021 TAM renewed the funding under TAM Measure AA. Both
Measure A and Measure AA are voter-approved sales taxes, providing funds for major roadway
projects in Marin County. Measure A and AA projects were prioritized based on roadway
condition, traffic volumes, transit frequency, and existing bicycle and pedestrian access.
Approximately $12.9 million in Measure A and AA funds has been allocated from TAM for
design and construction of the Third Street Rehabilitation project. The construction funding was
authorized by the TAM Board of Commissioners on May 27, 2021, after the City Council
adopted a resolution on May 3, 2021 accepting the Third Street Rehabilitation project and
directing staff to request funding. Staff has identified other local funding sources to provide the
balance of funding needed for this project (see Fiscal Impact below).
The overall project scope represents a multi-year collaborative effort between the City of San
Rafael, San Rafael Sanitation District (SRSD), and Marin Municipal Water District (MMWD) to
make improvements to Third Street from Union Street to Miracle Mile. The project consists of
pavement rehabilitation, pedestrian and bicycle safety improvements, curb ramp and
intersection improvements, utility infrastructure updates, intersection lighting and traffic signal
upgrades, addition of trees, and reconfiguring the roadway between West Street and Shaver
Street to allow room for an eight-foot-wide Class IV cycle track on the south side of Second
Street with a dedicated sidewalk for pedestrians. The two utility districts agreed to collaborate
with the City of San Rafael in order to benefit from the economies of scale of the larger project
and to minimize the construction duration and subsequent impact to the traveling public from
this significant improvement to one of San Rafael’s most heavily used traffic corridors. The
project will also anticipate the conversion of B Street to two-way traffic by making improvements
to the Third Street and B Street intersection to accommodate two-way traffic flow. Changes to B
Street to convert it to two-way traffic will be constructed through a separate contract or as a
change-order to the Third Street Rehabilitation Project if sufficient contingency remains
available.
In addition to this project, San Rafael will soon advertise a separate project, the Third Street
Safety Project, which is funded by the Highway Safety Improvement Program (HSIP)
administered by Caltrans, Gas Tax, and Traffic Mitigation funds. The Safety Project will make
additional improvements to several intersections near the freeway and Transit Center.
Together, these two major projects will fully improve Third Street from Union Street to the east,
to the intersection of Fourth and Second Streets to the west. Staff anticipates bringing the
Safety Project to Council in Spring 2022 and the construction work will overlap with the
Rehabilitation Project. The combined projects will occur over the next year and a half. The
work will maintain two lanes of traffic during commute hours for the duration of the project with
significant portions of the work occurring at night to minimize impacts to travelers through San
Rafael.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
On November 24, 2021, the project was advertised in accordance with San Rafael’s Municipal
Code.
ANALYSIS: On January 10, 2022, the following bids were received and read aloud:
NAME OF BIDDER BASIS OF AWARD BID AMOUNT
Ghilotti Bros., Inc. $18,248,707.54
Ghilotti Construction Company, Inc. $19,125,364.00
Argonaut Constructors $19,149,212.50
Bauman Landscape and Construction, Inc. $20,897,991.00
Thompson Builders Corporation $24,416,744.50
The construction bids have been reviewed by City staff and the low bid from Ghilotti Bros., Inc.
(GBI) in the amount of $18,248,707.54 was found to be both responsive and responsible. City
staff recommends awarding the construction contract to GBI for the bid amount and
recommends the City Council authorize a construction contingency of approximately twelve
percent in an amount of $2,551,292.46 for a total authorized amount of $20,800,000.
Although the Third Street Rehabilitation Project is a multiagency venture between the City,
MMWD, and SRSD, the City is the lead agency and with the assistance of Coastland
Engineering (Coastland) will run the construction management of the project. The bid package
was split up into separate bid schedules to define each agency’s scope of work. MMWD and
SRSD will reimburse the City for the cost of constructing their specific Bid Schedule and the
shared cost of Coastland’s construction management and inspection services. Coastland’s
contract was approved by the City Council on June 21, 2021 in an amount not to exceed
$1,168,300 using TAM Measure A and AA funds. Table 1 summarizes the Joint Project
construction expenses.
Table 1: Construction Expense Summary
Project Element Expense Amount
Roadway Project Bid Schedule A (San Rafael) *$13,000,000
SRSD Pipeline Project Bid Schedule B (SRSD) *$4,400,000
MMWD Pipeline Project Bid Schedule C (MMWD) *$3,400,000
Construction Support PSA Amendment CSW $117,000
Total recommended to be appropriated $20,917,000
*Include contingency
Additional Construction costs previously appropriated:
Construction Management **$1,168,300
** Includes Material Testing for City & SRSD project components only
In November 2019 the City retained CSW for engineering design and environmental clearance
services for an amount not to exceed $925,782. Now that the project has moved into
construction, staff recommends the City Council approve the proposed contract amendment for
CSW for engineering construction support, including monument preservation, and culvert repair
support. The proposed amendment to the professional services agreement will increase the
agreement by $117,000 increasing the total not-to-exceed amount under the agreement to
$1,042,782.
PUBLIC OUTREACH: Public Works has engaged the community and key stakeholders over
the last four years to receive feedback as summarized below:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
July 2017: Technical Working Group Meeting
October 2017: Community Working Group Meeting
November 2017: Community Meeting #1 - Feasibility Study
February 2018: Community and Technical Working Group Meeting
March 2018: Community Meeting #2 - Feasibility Study
June 3, 2019: Feasibility Study Report Presentation at City Council
July 15, 2020: Technical Working Group Meeting
August 5, 2020: City’s Bicycle and Pedestrian Advisory Committee (BPAC)
August 23, 2020: Community Working Group Meeting
September 23, 2020: Community Meeting #3
October 8, 2020: Economic Development Subcommittee Meeting
October 21, 2020: Association of Neighborhoods Meeting
November 2, 2020: City Council Informational Report
December 2, 2020: City’s Bicycle and Pedestrian Advisory Committee (BPAC)
February 3, 2021: City’s Bicycle and Pedestrian Advisory Committee (BPAC)
March 24, 2021: Community Meeting #4
May 3, 2021: City Council Presentation
May 10, 2021: Presentation to TAM Executive Committee
In addition to these meetings, Public Works has maintained an updated project website and met
with residents and business owners virtually and onsite to discuss key issues.
FISCAL IMPACT: Funding for the project includes revenues from several different sources. The
original project sponsor was TAM, who allocated $12,954,106 to the Roadway Project under
Measure A and AA. To date $2,468,300 of the TAM allocation has been expended for the
feasibility study, environmental clearance, final design, and Coastland’s construction
management, inspection, and material testing contract. The remaining $10,485,806 will
contribute to the construction phase of the Roadway Project.
The agreement with SRSD details their commitment to reimburse the City for all costs
associated with the SRSD Pipeline Project, including the low bid contractors Bid Schedule B in
the amount of $3,871,760 and any associated change orders ($528,240 in contingency). Table
1 shows the total Bid Schedule B with contingency that is used in the Table 2 funding summary.
The agreement also includes a provision for reimbursement of costs related to construction
management in the amount of $199,000, material testing associated with the pipeline work, and
pavement restoration in the amount of $180,700. Coastland will separately track the material
testing associated with the SRSD pipeline project and SRSD will pay the actual cost for material
testing for Bid Schedule B.
The agreement with MMWD details their commitment to reimburse the City for all costs
associated with the MMWD Pipeline Project, including the low bid contractor’s Bid Schedule C
in the amount of $3,025,275 and any associated change orders ($374,725 in contingency).
Table 1 shows the total Bid Schedule C with contingency that is used in the Table 2 funding
summary. The agreement also includes a provision for reimbursement of costs related to
construction management in the amount of $155,757 and pavement restoration in the amount of
$159,570. MMWD will perform their own material testing for the MMWD pipeline project.
Staff proposes to fund the remaining construction cost with a combination of Gas Tax Fund
#206 Road Maintenance and Rehabilitation Account (RMRA), Traffic Mitigation Fund #246, and
City Technology Fund. Table 2 below summarizes the Joint Project’s construction funding
sources and staff recommended appropriations for this project.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Table 2: Construction Funding Summary
Funding Source Funding Amount
Transportation Authority of Marin (Measure A and AA) $10,485,806
San Rafael Sanitation District $4,779,700
Marin Municipal Water District $3,715,328
Gas Tax Fund #206- RMRA $1,524,166
Traffic Mitigation Fund #246 $290,000
Technology Fund $122,000
Total $20,917,000
From Table 2, Staff specifically proposes to fund the amendment to the professional services
agreement for CSW in the amount of $117,000 with TAM Measure A and AA funding.
OPTIONS: The scope of the project, including the San Rafael Sanitary District and Marin
Municipal Water District work are all to be constructed under a single construction contract.
Therefore the City Council may adopt the four resolutions relating to this matter as follows:
1. Adopt a resolution awarding and authorizing the City Manager to execute the
Construction Agreement for the Third Street Rehabilitation Project to Ghilotti Bros. Inc.,
in the Amount of $18,248,707.54 and authorizing contingency funds in the amount of
$2,551,292.46 for a total appropriated amount of $20,800,000.
2. Adopt a resolution approving and authorizing the City Manager to execute an
amendment to the professional services agreement with CSW/Stuber-Stroeh
Engineering Group, Inc., for construction support services associated with the Third
Street Rehabilitation Project, in the amount of $117,000 for a new total professional
services agreement of $1,042,782.
3. Adopt a resolution approving and authorizing the City Manager to execute a
reimbursement agreement with the San Rafael Sanitation District for Bid Schedule B of
the construction contract, construction management, and material testing services of the
Third Street Rehabilitation Project.
4. Adopt a resolution approving and authorizing the City Manager to execute a
reimbursement agreement with the Marin Municipal Water District for Bid Schedule C of
the construction contract and construction management of the Third Street Rehabilitation
Project.
Or,
5. Do not adopt the resolutions and provide further direction to staff.
RECOMMENDED ACTION: Adopt the resolutions.
ATTACHMENT:
1. Resolution awarding the construction agreement to Ghilotti Bros. Inc.
2. Resolution approving amendment to the professional services agreement with
CSW/Stuber-Stroeh Engineering Group, Inc.
3. Amendment to the Professional Services Agreement with CSW/Stuber-Stroeh
Engineering Group, Inc for Professional Services for the Third Street Rehabilitation
Project, and corresponding Exhibit A (revised scope of work)
4. Resolution approving the reimbursement agreement with the San Rafael Sanitation
District for the contract and construction management of the Third Street Rehabilitation
Project.
5. Reimbursement agreement executed between the City and San Rafael Sanitation
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
District.
6. Resolution approving the reimbursement agreement with the Marin Municipal Water
District for the contract and construction management of the Third Street Rehabilitation
Project.
7. Reimbursement agreement executed between the City and Marin Municipal Water
District.
8. Correspondence
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RESOLUTION NO. 15032
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AWARDING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION
AGREEMENT FOR THE THIRD STREET REHABILITATION PROJECT TO GHILOTTI
BROS. INC., IN THE AMOUNT OF $18,248,707.54, AND AUTHORIZING
CONTINGENCY FUNDS IN THE AMOUNT OF $2,551,292.46 FOR A TOTAL
APPROPRIATED AMOUNT OF $20,800,000.
WHEREAS, the City desires to implement safety improvements along the Third
Street corridor from Union Street to Miracle Mile; and
WHEREAS, the Transportation Authority of Marin (TAM) allocated Measure A
and AA funding to the City for the Third Street Rehabilitation Project; and
WHEREAS, on the 10th day of January 2022, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids or proposals for the work
hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on
file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of
said City did publicly open, examine, and declare all sealed bids or proposals for doing
the following work in said City, to wit:
“Third Street Rehabilitation Project”
City Project No. 11315
in accordance with the plans and specifications therefore on file in the office of the
Department of Public Works; and
WHEREAS, the bid of $18,248,707.54 from Ghilotti Bros. Inc., at the unit prices
stated in its bid, was and is the lowest bid for said work and said bidder is the lowest
responsible bidder; and
WHEREAS, staff has recommended an additional 12% of the bid price for a
contingency in the amount of $2,551,292.46;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The plans and specifications for the “Third Street Rehabilitation Project”,
City Project No. 11315 on file in the Department of Public Works, are
hereby approved.
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2. The bid of Ghilotti Bros., Inc. is hereby accepted at the unit prices stated in
its bid, and the contract for said work and improvements is hereby
awarded to Ghilotti Bros., Inc., at the stated unit prices.
3. The City Manager is authorized and directed to execute a contract with
Ghilotti Bros. Inc., for the bid amount, subject to final approval as to form
by the City Attorney, and to return the bidder’s bond upon the execution of
the contract.
4. Funds totaling $20,800,000, which includes the construction award
amount and contingency, will be appropriated for City Project No. 11315,
as follows: $10,485,806 from Transportation Authority of Marin(TAM)
Measures A and AA funding; $4,779,700 from San Rafael Sanitation
District reimbursement agreement; $3,715,328 from Marin Municipal
Water District reimbursement agreement; $1,524,166 from City’s Gas Tax
Fund #206; $290,000 from City’s Traffic Mitigation Fund #246; and
$122,000 from the Technology Fund.
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 held on Monday, the 7th of February 2022 by the following vote,
to wit:
AYES: COUNCILMEMBERS: Bushey, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: Llorens Gulati
ABSENT: COUNCILMEMBERS: Hill
LINDSAY LARA, City Clerk
File No.: 16.01.283
RESOLUTION NO. 15033
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE AGREEMENT WITH CSW/STUBER-STROEH ENGINEERING
GROUP, INC. FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES, IN AN
ADDITIONAL CONTRACT AMOUNT NOT TO EXCEED $117,000
WHEREAS, pursuant to City Council Resolution No. 14744, the City of San
Rafael and CSW/Stuber-Stroeh Engineering Group, Inc. entered into a Professional
Services Agreement dated November 18, 2019 for engineering design and
environmental clearance services associated with the Third Street Rehabilitation Project
in the amount not to exceed $925,782 (the “Agreement”); and
WHEREAS, the City requires additional construction support services from
CSW/Stuber-Stroeh Engineering Group, Inc. to cover the engineering and design
construction support needed during the construction phase of the project; and
WHEREAS, staff received a proposal from CSW/Stuber-Stroeh Engineering
Group, Inc. for the additional required services in a total amount not to exceed
$117,000; and
WHEREAS, staff has reviewed their proposal and found it to be complete and
within industry standards; and
WHEREAS, $117,000 will be appropriated from the Transportation Authority of
Marin Measure A and AA for major roadways;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The Council hereby approves and authorizes the City Manager to execute a First
Amendment to the Professional Services Agreement with CSW/Stuber-Stroeh
Engineering Group, Inc. for additional construction support services in connection
with the associated with the Third Street Rehabilitation Project, in the amount of
$117,000 and a revised total contract value not to exceed $1,042,782, in the form
included with the staff report supporting this resolution, subject to final approval
as to form by the City Attorney.
2. 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 Council of said City on Monday, the 7th day of February 2022 by the following
vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Hill
LINDSAY LARA, City Clerk
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR
PROFESSIONAL SERVICES FOR THE
THIRD STREET REHABILITATION PROJECT
THIS FIRST AMENDMENT to the Professional Services Agreement by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSW/STUBER-
STROEH ENGINEERING GROUP, INC., (hereinafter "CONSULTANT"), is made and
entered into as of the ;'_ day of , 2022.
RECITALS
WHEREAS, pursuant to City Council Resolution No.14744, the CITY and
CONSULTANT entered into a Professional Services Agreement dated November 18,
2019 for engineering design and environmental clearance services associated with the
CITY'S Third Street Rehabilitation project, for an amount not to exceed $925,782 (the
"Agreement"); and
WHEREAS, the CITY requires construction support, monument preservation, and
culvert repair support services from the CONSULTANT during the construction phase,
and the CONSULTANT is willing to provide such services. These additional services
will result in a First Amendment for an amount not to exceed of $117,000 and increases
the total not to exceed under the Agreement to $1,042,782,
AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as
follows -
1. Section 2 of the Agreement, entitled "DUTIES .OF CONTRACTOR" is
hereby amended to include the additional services set forth in
CONSULTANT's proposal entitled "Additional Construction Support
Services" dated January 18, 2022, attached to this First Amendment as
Exhibit "A" and incorporated herein by reference.
2. Section 4 of the Agreement, entitled "COMPENSATION" is hereby
amended to include additional compensation payable to CONSULTANT for
the services described in Exhibit "A" to this First Amendment, on a time and
1
materials basis in accordance with the "Additional Construction Support
Services" included in Exhibit "A", in a not -to -exceed amount of $117,000,
and to change the total not -to -exceed amount under the Agreement to
$1,042,782.
3. Section 5 of the Agreement, entitled "TERM OF AGREEMENT", is hereby
amended to extend the term of this Agreement through December 31, 2024.
4. Except as specifically amended herein, all the other provisions, terms, and
obligations of the Agreement between the parties shall remain valid and
shall be in full force.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the
day, month, and year first above written.
CITY OF SAN RAFAEL
IM 5 TZ, ity anager
ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM
hk ROBERT F.PSTEIN, My Attorney
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CONSULTANT:
By:
Name: Robert Stevens
Title: President/CEO
and
By
Name: Linda Schmid
Title: CFO
CSW ST 9
January 18, 2022
April Miller, PE
City Engineer
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Subject: Additional Construction Support Services Proposal for the Third Street Rehabilitation
Dear Ms. Miller:
Thank you for the opportunity to support your team and the San Rafael community in the rehabilitation of
Third Street. The following are construction phase services that our team proposes to offer to support the
project's construction.
1. Construction Support Services. CSWIST2, Parisi Transportation Consulting, and WRT will support
the construction process including reviewing submittals, respond to contractor questions, provide
technical guidance, visit the site on ten (10) occasions during construction, and prepare a punch list
near the completion of construction. We will assist the City coordinating public utility relocations
as well as confirm that the contractor's traffic management and construction mitigation plans are
consistent with the contract documents. Our team will provide specialized support for inspection
of the fiber optic construction.
Our team will provide the following: A final set of construction drawings and specifications
incorporating all changes made during the bid process. Review submittals in electronic format.
Responses to requests for information in narrative and drawing format. Reports of our field
observations.
2. Monument Preservation. The proposed improvement could impact the nearly 50 survey
monuments (recorded and unrecorded) located along Third Street. In accordance with California
law, CSWIST2 will identify and find in the field these monuments and provide three permanent
reference points (nail and brass tag marked PLS 9387) that can be used in the future to replace any
monument that is disturbed or destroyed during the construction process. If multiple monuments
are found in the same vicinity, we will use the same reference points to maximize efficiency
Once we have found all the monuments, we will create Pre -Construction Corner Records for each
monument (or multiple monuments on a single corner record if in direct vicinity of one another).
This pre -construction corner record will show the surveyed location of the monument being
preserved with ties stating the distance and angle to each reference point. We will submit the
45 Leveroni Court Novato, CA 94949
Third Street Rehabilitation
completed Corner Records to Marin County Department of Public Works for recording. We will
provide PDFs and/or TIF files of the finalized Corner Records to the City for your record.
Our team will provide the following: Reference points set in the field tagged by a licensed land
surveyor to allow preservation of any monument that may be disturbed during the construction
process. A signed and stamped PDF or TIF file of each Pre -Construction Corner Record will be
provided to the City once approved by the County Surveyor. Corner Record will be provided on the
standard Corner Record form and prepared on an 8.5"x11" sheet at an appropriate engineering
scale.
3. Culvert Repair Support. During the design phase, our team retained Voss Laboratories to
complete a field evaluation of the concrete in the concrete culvert below Second Street. Voss
completed the analysis and provided general recommendations to path the culvert, which we
incorporated into the bid documents. We recommend retaining Voss to provide additional details
and support the repairs during construction.
SCHEDULE
This project will require about 1.5 years to complete with work commencing in March 2022 and completing
in late 2023.
COMPENSATION
We will perform these services on a time and materials basis for a total not to exceed value of $ 117,000.
Note that the total design and construction support fee is about 6% of the $18 million construction cost. A
summary of the costs per task include:
Task Description Fee
1A CSWIST2 Construction Support $ 35,000
1 B Parisi Transportation Consulting Construction Support $ 17,000
1C WRT Construction Support Services $ 15,000
2 CSWIST2 Monument Preservation $ 30,000
3 Culvert Repair Support $ 20,000
If I can provide any additional information, please contact Robert at 415.533.1864 or rstevens@cswst2.com.
Sincerely,
f
f'
Robert Stevens, PE, TE
Project Manager
Page 2
BILLING RATE SCHEDULE
Effective January 1, 2022 — December 31, 2022
ENGINEERING SERVICES HOURLY RATES
Senior Engineer $ 180.00
Engineer I, II, III $ 129.00, $ 157.00, $ 175.00
Technician $ 118.00
Engineering Assistant $91.00
SURVEY SERVICES HOURLY RATES
Senior Surveyor
$180.00
Surveyor I, II, III
Berkeley
Technician
$ 118.00
Surveying Assistant
Novato
Two Person Survey Party
$ 283.00
One Person Survey Party
Petaluma
CSW
$ 195.00
ST2
Pleasanton
$ 91.00
Redwood City
Richmond
CSW/Stuber-Stroeh Engineering Group, Inc.
BILLING RATE SCHEDULE
Effective January 1, 2022 — December 31, 2022
ENGINEERING SERVICES HOURLY RATES
Senior Engineer $ 180.00
Engineer I, II, III $ 129.00, $ 157.00, $ 175.00
Technician $ 118.00
Engineering Assistant $91.00
SURVEY SERVICES HOURLY RATES
Senior Surveyor
$180.00
Surveyor I, II, III
$ 129.00, $ 157.00, $ 175.00
Technician
$ 118.00
Surveying Assistant
$91.00
Two Person Survey Party
$ 283.00
One Person Survey Party
$ 195.00
Aerial Drone Surveyor
$ 195.00
OTHER PROFESSIONAL RATES
Principal
$ 231.00 - $ 258.00
Associate Principal
$ 221.00
Project Manager
$ 196.00 - $ 216.00
Construction Manager
$ 211.00
Resident Engineer
$ 155.00
Technical Writer
$ 124.00
Graphic Illustrator
$ 118.00
Project Assistant
$ 91.00
• All expenses for transportation (mileage, bridge fare, etc.) will be charged at the Internal Revenue Service rate plus
10%.
• Filing fees, checking fees, prints, and other outside costs (such as agency submittal/permit fees etc.) will be
charged at cost, plus service charges at the rate of 10%.
• Billing will be monthly net 30 days.
RESOLUTION NO. 15034
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND SAN
RAFAEL SANITATION DISTRICT FOR BID SCHEDULE B OF THE CONSTRUCTION
CONTRACT AND CONSTRUCTION MANAGEMENT OF
THE THIRD STREET REHABILITATION PROJECT
WHEREAS, the City desires to implement safety improvements along the Third
Street corridor from Union Street to Miracle Mile; and
WHEREAS, the San Rafael Sanitation District also had an infrastructure project
planned within the project limits of the Third Street Rehabilitation Project; and
WHEREAS, the City and San Rafael Sanitation District agreed to collaborate as
one joint project to minimize construction duration and reduce the overall impacts to the
community; and
WHEREAS, staff went out to bid for the joint project and received a low bid from
Ghilotti Bros. Inc., for the construction of the Third Street Rehabilitation Joint Project; and
WHEREAS, the City Council has awarded the construction contract for the Third
Street Rehabilitation Project to Ghilotti Bros., Inc.; and
WHEREAS, the San Rafael Sanitation District is proposing to reimburse the City
for the cost of construction for Bid Schedule B from the construction contract with
Ghilotti Bros., Inc. using the construction schedule of values, which is all work
associated with the San Rafael Sanitation District pipeline project with contingency in an
amount not to exceed $4,400,000, $199,000 for Construction Management and
Inspection, pavement restoration contributions of $180,700, and the actual cost of
material testing associated with the pipeline project by way of Reimbursement
Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The City Council hereby approves and authorizes the City Manager to execute
the Reimbursement Agreement between the San Rafael Sanitation District and
the City for the cost of construction for Bid Schedule B from the construction
contract with Ghilotti Bros., Inc. with contingency in an amount not to exceed
$4,400,000 using the construction schedule of values, $199,000 for Construction
Management and Inspection, and $180,700 for pavement restoration, which
agreement is included with the staff report supporting this resolution, subject to
final approval as to form by the City Attorney.
2. 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 Council of
said City on Monday, the 7th day of February 2022 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Hill
LINDSAY LARA, City Clerk
REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF SAN RAFAEL AND SAN RAFAEL SANITATION DISTRICT
FOR CONTRACT AND CONSTRUCTION MANAGEMENT OF THE
THIRD STREET REHABILITATION PROJECT
IS REIMBURSEMENT AGREEMENT C"AGREEMENT") is made and entered into
this day a Q;)Z-by and between the CITY OF SAN RAFAEL, hereinafter referred
to as "CITY", anAN RAFAEL SANITATION DISTRICT, hereinafter referred to as
"SRSD", both located in the State of California, collectively the "PARTIES";
For good and valuable consideration, the PARTIES agree as follows:
SECTION 1: RECITALS.
A. CITY plans to conduct corridor improvements along Third Street starting at Union Street
and continuing to Second Street and along Second Street from Shaver Street to 4th Street,
hereinafter the "ROADWAY PROJECT".
B. As part of the ROADWAY PROJECT, the CITY will resurface the roadway along this
identified portion of Third Street.
C. SRSD plans to replace and/or repair sewer facilities within the identified portion of Third
Street and Miramar Avenue, hereinafter the "PIPELINE PROJECT", in advance of the
CITY's final roadway resurfacing associated with the ROADWAY PROJECT.
D. For efficiency, SRSD has requested the CITY combine the PIPELINE PROJECT with
the ROADWAY PROJECT resulting in a JOINT PROJECT and the CITY will manage
integration of design plans, the bidding and award of the JOINT PROJECT.
E. SRSD has separately contracted with the CITY'S design consultants CSW/ STUBER-
STROEH ENGINEERING GROUP, INC. and KIMLEY HORN AND ASSOCIATES,
INC. for the preparation of final bid documents prepared by the consultant.
F. The CITY has filed for a CEQA exemption which discussed a JOINT PROJECT and is in
the process of preparing design plans for the ROADWAY PROJECT.
G. The San Rafael City Council and the Board of Directors of SRSD wish to enter into this
AGREEMENT and collaborate for the completion of construction bid documents,
Caltrans encroachment permit, solicitation of contractor bids, and construction for the
JOINT PROJECT.
H. The AGREEMENT provides that the CITY will manage the integration of design plans,
Caltrans encroachment permit, and the bidding and the award of the JOINT PROJECT
contract to the lowest responsive bidder, hereinafter referred to as "CONTRACTOR".
I. CITY and SRSD wish to enter into this AGREEMENT to clarify the allocation of costs
associated with the construction, management, and administration of the PIPELINE
PROJECT.
Reimbursement Agreement Between SRSD & City of San Rafael Page 1
SECTION 2: PROJECT COORDINATION
A. All notices and other communications required or permitted to be given under this
AGREEMENT shall be in writing and given by personal delivery, or deposited with the
United States Postal Service, postage prepaid, addressed to the parties named in this
Section. Notice shall be deemed given as of the date of personal delivery, or if mailed,
upon the date of deposit with the United States Postal Service.
To: SRSD
Doris Toy
District Manager
San Rafael Sanitation District
111 Morphew Street
San Rafael, CA 94901
lwoIt1i`I
Bill Guerin
Public Works Director
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
B. SRSD. The District Manager shall be the representative of SRSD for all purposes under
this AGREEMENT. Doris Toy is hereby designated as the Project Director for SRSD.
SRSD's Project Director shall be responsible for all aspects of the progress and execution
of this AGREEMENT on behalf of SRSD.
C. CITY. The Public Works Director shall be the representative of CITY for all purposes
under this AGREEMENT. Bill Guerin, the Public Works Director, is hereby designated
as the Project Director for CITY. CITY's Project Director shall be responsible for all
aspects of the progress and execution of this AGREEMENT on behalf of CITY.
D. The Public Works Director is hereby declared to be the authorized CITY representative in
administering this AGREEMENT. The SRSD District Manager is hereby declared to be
the authorized SRSD representative in administering this AGREEMENT. Either Party may
change its designated representative by providing written notice of the same to the other
Party.
SECTION 3: SCOPE OF AGREEMENT
A. The PARTIES acknowledge and agree that the sole purpose of this AGREEMENT is to
set forth the PARTIES' responsibilities regarding the construction, management,
inspection, and administration of the PIPELINE PROJECT portion of the JOINT
PROJECT and to set forth the amount that SRSD will reimburse the City for its costs
associated with the construction, management, and administration of the PIPELINE
PROJECT.
B. The PARTIES agree that the services needed for the construction contracting,
management, and administration of the PIPELINE PROJECT within the JOINT
PROJECT include the tasks set forth below:
1. Public Bidding of the Joint Project;
2. Construction management services of PIPELINE PROJECT;
3. Payment to CONTRACTOR for PIPELINE PROJECT;
Reimbursement AGREEMENT Between SRSD & City of San Rafael Page 2
4. Construction Inspection of PIPELINE PROJECT and Procurement of Pipeline
Materials; and
5. Material testing services for the PIPELINE PROJECT, including, but not
limited to, trench subgrade and backfill compaction and asphalt testing.
C. The PARTIES agree and understand that as part of the JOINT PROJECT, there are various
best practices and mitigation measures, that have associated costs, including but not limited
to, the preparation of a construction risk management plan and traffic management plan.
SECTION 4: DUTIES OF CITY
A. The CITY shall administer a public bid to construct the JOINT PROJECT with a separate
bid item for the PIPELINE PROJECT, the plans and specifications for which are
incorporated into CITY plans and specifications. Prior to including the PIPELINE
PROJECT plans and specifications in the public bid, SRSD will review and provide any
revisions to CITY for inclusion in the CITY plans and specifications. Prior to award and
entering into a construction contract for the JOINT PROJECT, the CITY shall receive
written authorization from SRSD of acceptance of the CONTRACTOR bid item or a
portion of the CONTRACTOR'S bid item for the PIPELINE PROJECT.
B. The CITY shall provide construction management for the JOINT PROJECT. CITY shall
require CONTRACTOR to provide the CITY with Payment and Performance bonds for
the JOINT PROJECT, all in accordance with the terms and conditions of the CITY
contract, which shall be mutually agreed upon by the PARTIES, with the CONTRACTOR.
C. CITY shall pay CONTRACTOR for the PIPELINE PROJECT in accordance with the
unit bid prices and specifications approved by SRSD. No extra work on the PIPELINE
PROJECT will be authorized by CITY or CONTRACTOR without prior written approval
of SRSD. CONTRACTOR shall receive compensation for such SRSD approved extra
work at the unit bid prices and in accordance with the specifications contained in the bid
submitted by CONTRACTOR; insofar as such prices are applicable. Where existing
contract bid items cannot be extended for payment of such SRSD approved extra work, a
change order will be executed between CITY and CONTRACTOR only if such work and
cost are authorized in advance by SRSD in writing. The request for approved extra work
shall be sent to SRSD 's Project Manager, Tim Tran at Tim.Tran u,cityo£sanrafael.org.
D. CITY or its representative shall be responsible for communicating SRSD's decisions
regarding PIPELINE PROJECT to CONTRACTOR and coordinating the execution and
implementation of SRSD decisions with CONTRACTOR on the PIPELINE PROJECT.
E. CITY shall require CONTRACTOR to name SRSD as an additional insured on all
insurance required to be obtained, including but not limited to CONTRACTOR general
liability and automobile policies, and shall require that CONTRACTOR indemnify SRSD
to the same extent as CITY under the JOINT PROJECT contract.
F. CITY shall be responsible for the Project Administration and Construction Management
of the JOINT PROJECT and will contract with a construction management firm, referred
to herein as CONSULTANT, to provide these services. These services shall include:
PIPELINE inspection, daily inspection reports, progress payment preparation, change
Reimbursement AGREEMENT Between SRSD & City of San Rafael Page 3
order preparation, schedule review, claims negotiation, meeting attendance, project reports,
labor and. wage compliance, utility coordination, project documentation, redline as -built
plans, and overall project administration.
G. CITY shall provide SRSD status updates and other Construction Management
information needed to facilitate the construction of the PIPELINE PROJECT on a weekly
or an "as needed" basis.
H. CITY shall prepare and submit to SRSD invoices for CONTRACTOR costs associated
with the PIPELINE PROJECT on a monthly basis.
I. At the completion of the PIPELINE PROJECT, CITY shall prepare and submit invoice to
SRSD for CONSULTANT costs associated with the construction management and
administration of the PIPELINE PROJECT.
SECTION 5: DUTIES OF SRSD
A. SRSD shall reimburse CITY for the PIPELINE PROJECT construction costs in accordance
with the unit bid prices and specifications authorized in writing by SRSD. SRSD shall also
reimburse CITY for any extra or changed work authorized by advanced written notice from
SRSD's Project Manager, Tim Tran. SRSD shall review CITY progress payment estimates
and provide CITY written notice approving or disapproving each progress payment
estimate related to the PIPELINE PROJECT within fourteen (14) calendar days of SRSD
receiving each progress payment estimate from CITY. SRSD will remit payment to CITY
within twenty-one (21) calendar days following its approval of a PIPELINE PROJECT
progress payment.
B. SRSD shall review CONTRACTOR change orders for extra work on the PIPELINE
PROJECT and provide CITY a written notice of approval or disapproval of extra work
within three (3) days of receiving each request. SRSD shall be responsible for
CONTRACTOR claims arising from SRSD's failure to timely approve or disapprove
CONTRACTOR change orders for extra work.
SRSD shall be responsible for delays to the JOINT PROJECT which are a direct result of
unavoidable delays in the work prosecution or completion of PIPELINE PROJECT.
Unavoidable delays in the work prosecution or completion shall mean all delays resulting
from causes beyond the CONTRACTOR'S control which they could not reasonably have
anticipated and mitigated or avoided by the exercise of care, prudence, foresight, and
diligence and which actually and necessarily cause a delay in the completion of the whole
work. Any delay which results from SRSD changes in the amount of work to be done, the
quantity of material to be furnished, or the schedule of other forces working concurrently
for SRSD, shall be the responsibility of SRSD. Any delay caused by SRSD's or another
PIPELINE PROJECT related utility's failure to provide for removal or relocation of
existing main or trunkline utility facilities located on the construction site which are not
identified with reasonable accuracy in the contract document, will be defined as right-of-
way delays and will be paid for as outlined below.
Reimbursement AGREEMENT Between SRSD & City of San Rafael Paged
Right-of-way delays will be considered unavoidable, and the responsibility of SRSD, to
the extent that they actually and necessarily delay the CONTRACTOR'S completion of
the whole work on the PIPELINE PROJECT. Unavoidable delays do not include delays
caused directly or indirectly by the default, delay, or other breach of the CONTRACTOR
or any subcontractor of the CONTRACTOR. Delays due to adverse weather conditions
will be regarded as unavoidable only to the extent that they actually and necessarily cause
a delay in completion of the whole work and to the extent that such condition could not
reasonably have been anticipated and mitigated or avoided by the exercise of care,
prudence, foresight, and diligence of the CONTRACTOR.
C. In order to bear all costs associated with and arising from construction management and
administration of the PIPELINE PROJECT within the JOINT PROJECT, SRSD shall
reimburse CITY for 21.2% of all construction management CONSULTANT costs
associated with the JOINT PROJECT. CITY shall prepare and submit an invoice for
CONSULTANT costs at the completion of the PIPELINE PROJECT, which shall be paid
within thirty (30) calendar days of receipt by SRSD.
Said reimbursement ratio of 21.2% was calculated based on the following estimate:
$3,870,000 PIPELINE PROJECT IMPROVEMENTS _= 21.2%
$18,250,000 JOINT PROJECT IMPROVEMENTS
SRSD shall reimburse CITY for CONSULTANT construction management and
administration fees in the amount of $199,000 at the completion of the PIPELINE
PROJECT based upon the following calculation:
The CONSULTANT Construction Management fee is $938,300 (excluding
materials testing).
21.2%x $938,300 = $199,000
D. PARTIES agree to work cooperatively to renegotiate cost sharing of CONSULTANT fees
for construction management and administration should there be a change in these fees or
scope of the PIPELINE PROJECT.
E. SRSD shall reimburse CITY for administration and trench cost savings from restoring the
pavement using a straight trench versus the standard t -cut trench section described in the
Marin County Uniform Construction Standards 2018 for the pipeline within the CITY'S
ROADWAY PROJECT limit. SRSD and City have agreed on an amount of $3.82 per
square foot of trench within pavement restoration area, which is a total of $180,700. CITY
shall prepare and submit an invoice for this amount at the completion of the PIPELINE
PROJECT, which shall be paid within thirty (30) calendar days of receipt by SRSD. All
surface restoration for other PIPELINE PROJECT work outside the ROADWAY
PROJECT boundaries shall be restored per the Marin County Uniform Construction
Standards 2018 and City of San Rafael Pavement Restoration Matrix dated June 30, 2021
upon installation of the pipeline and restoration of the roadway pavement.
F. CITY shall provide inspection services for all construction of the PIPELINE PROJECT.
SRSD shall review and approve all submittals required by the PIPELINE PROJECT
specifications within ten (10) calendar days of receipt by SRSD.
Reimbursement AGREEMENT Between SRSD & City of San Rafael Page 5
G. CITY shall provide materials testing services for the PIPELINE PROJECT, including, but
not limited to materials testing of the trench subgrade, backfill, and asphalt compaction
used for trench restoration. The CONSULTANT shall track materials testing services
separately between the PIPELINE PROJECT contract work and the ROADWAY
PROJECT contract work. CITY shall include actual material testing for PIPELINE
PROJECT on monthly invoices to SRSD. Sewer trench backfill material including but not
limited to, crushed rock, class 2 aggregate base, control density fill and hot mix asphalt
shall be provided by the CONTRACTOR and shall be paid per the SRSD Bid Item price
for said items.
SECTION 6: PARTNERING
A. The PARTIES agree to participate in the Formal Collaborative Partnering Process
described below with the project CONTRACTOR.
B. Formal Collaborative Partnering for this project will start within 30 days of the issuance of
the Notice to Proceed to CONTRACTOR and will include the following:
a. CITY and CONTRACTOR will contract with an IPI Certified Independent
Professional Neutral Partnering Facilitator;
b. A "Partnering Charter" containing the joint development of goals will be developed
collaboratively between the CITY, MMWD, SRSD, and the CONTRACTOR;
c. A periodic, joint evaluation of the Partnering process;
d. Executive Level, Core Team, and Stakeholder Partnering;
e. A Partnering Follow-up Plan to resolve potential problems at the lowest possible
level; and
f. A Training Plan for development of partnering skills.
C. Participation in the formal partnering process will not void any portion of the contract. All
rights and remedies set forth in the final contract will be preserved.
SECTION 7: MISCELLANEOUS TERMS
A. Term of Agreement: This AGREEMENT shall terminate upon SRSD acceptance of the
completed PIPELINE PROJECT, provided that SRSD reimbursement and CITY and
SRSD indemnification duties shall continue following the end of such term.
B. Termination: This AGREEMENT may be terminated, without cause, by either Party,
upon thirty (30) calendar days advance written notice to the other Party following CITY
rejection of bids as provided herein, and may be terminated, with cause, by either Party,
upon thirty (30) calendar days advance written notice to the other Party following the
Reimbursement AGREEMENT Between SRSD & City of San Rafael Page 6
notified Party's failure to cure or correct the cause of termination notice, within thirty (30)
calendar days receipt of that notice.
C. _Amendment and Merger: This AGREEMENT contains all the terms and conditions made
between the PARTIES to this AGREEMENT and may only be modified by written
AGREEMENT signed by all the PARTIES to this AGREEMENT or their respective
successors -in -interest. This writing is intended both as a final expression of the
AGREEMENT between the parties hereto with respect to the included terms and as a
complete and exclusive statement of the terms of this AGREEMENT. No modification
of this AGREEMENT shall be effective unless and until such modification is evidenced
by a writing signed by both PARTIES.
D. p eem_ent_Binding: The terms and provisions of this AGREEMENT shall extend to and
be binding upon and inure to the benefit of the heirs, executors, and administrators or to
any approved successor, as well as to any assignee or legal successor to any PARTIES to
this AGREEMENT. Any terms of this AGREEMENT that by their nature extend beyond
the term (or termination) of this AGREEMENT shall remain in effect until fulfilled and
shall apply to both PARTIES' respective successors and assigns.
E. Cooperation: The PARTIES pledge cooperation during the term of this AGREEMENT.
F. 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.
G. Severability: If any term, covenant or condition of this AGREEMENT or the application
thereof to any person or circumstance is determined to be invalid or unenforceable, the
remainder of this AGREEMENT or the application of such term, covenants or conditions
to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term, covenant and condition of
this AGREEMENT shall be valid and be enforced to the fullest extent permitted by law.
H. No Waiver: The waiver by either of the PARTIES of any default under this
AGREEMENT shall not operate as a waiver of any subsequent breach of the same or any
other provision of this AGREEMENT.
I. Time is of the Essence: Time is of the essence with respect to the performance of every
provision of this AGREEMENT for which time or performance is a factor. PARTIES
agree to adhere to all deadlines stated in the approved project specifications.
J. Mediation: Any dispute or claim in law or equity between the CITY and SRSD arising
out of this AGREEMENT, if not resolved by informal negotiation between the
PARTIES, shall be mediated. The mediation process shall continue until the case is
resolved or until such time as the mediator makes a finding that there is no possibility of
resolution. If mediation is unsuccessful, the PARTIES may avail themselves of any other
remedies.
K. Applicable Law: This AGREEMENT shall be construed and enforced in accordance with
the laws of the State of California.
Reimbursement AGREEMENT Between SRSD & City of San Rafael Page 7
L. No Presumption Regarding Drafter: The PARTIES acknowledge and agree that the terms
and provisions of this AGREEMENT have been negotiated and discussed between the
PARTIES and their attorneys, and this AGREEMENT reflects their mutual
AGREEMENT regarding the same. Because of the nature of the negotiations, and
discussions it would be inappropriate to deem any Party to be the drafter of this
AGREEMENT. Therefore, no presumption for or against validity, or as to any
interpretation hereof, based upon the identity of the drafter, shall be applicable in
interpreting or enforcing this AGREEMENT.
M. Assistance of Counsel: Each Party to this AGREEMENT warrants as follows:
a. That each Party had the assistance of counsel in the negotiation for, and the
execution of, this AGREEMENT and all related documents; and
b. That each Party has lawfully authorized the execution of this AGREEMENT.
N. Section HeadiMs: The section headings contained in this AGREEMENT are for
convenience and identification only and shall not be deemed to limit or define the contents
of the sections to which they relate.
O. Counterparts and Electronic Signatures: This AGREEMENT may be executed by electronic
signature and in any number of counterparts, each of which shall be deemed an original, but
all of which together shall constitute one document. Counterpart signature pages may be
delivered by telecopier, email or other means of electronic transmission.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT by their duly
authorized officers as of the day and year first above written.
CITY OF S N RAFAEL
Jim Schutz, City Manager
ATTEST: r
By:
�rLindsay Lara, City Clerk
APPROVED AS TO FORM:
By:
KRobert Epstein, City Attorney
SAN RAFAEL SANITATION DISTRICT
— 4_�C/24'
Doris Toy, District , arla(_,ei'District
Engineer
ATTEST:
By: _a��4 *Y�
Cindy Hernande , istrict Secretary 0
APPROVTD AST ORM:
By:
Kerry L. Gerchow, Deput ounty Counsel
Reimbursement AGREEMENT Between SRSD & City of San Rafael Page 8
RESOLUTION NO. 15035
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
REIMBURSEMENT AGREEMENT WITH THE MARIN MUNICIPAL WATER DISTRICT
FOR BID SCHEDULE C OF THE CONSTRUCTION CONTRACT AND
CONSTRUCTION MANAGEMENT FOR THE THIRD STREET REHABILITATION
PROJECT
WHEREAS, the City desires to implement safety improvements along the Third
Street corridor from Union Street to Miracle Mile; and
WHEREAS, the Marin Municipal Water District also had an infrastructure project
planned within the project limits of the Third Street Rehabilitation Project; and
WHEREAS, the City and Marin Municipal Water District agreed to collaborate as
one joint project to minimize construction duration and reduce the overall impacts to the
community; and
WHEREAS, staff went out to bid for the joint project and received a low bid from
Ghilotti Bros. Inc., for the construction of the Third Street Rehabilitation Joint Project; and
WHEREAS, the City Council has awarded the construction contract for the Third
Street Rehabilitation Project to Ghilotti Bros., Inc.; and
WHEREAS, the Marin Municipal Water District is proposing to reimburse the City
for the cost of construction for Bid Schedule C from the construction contract with
Ghilotti Bros., Inc. using the construction schedule of values which is all work
associated with the Marin Municipal Water District pipeline project with contingency in
an amount not to exceed $3,400,000, $155,757 for Construction Management and
Inspection, and pavement restoration contributions of $159,570.95 by way of
Reimbursement Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The City Council hereby approves and authorizes the City Manager to execute
the Reimbursement Agreement between the Marin Municipal Water District and
the City for the cost of construction for Bid Schedule C from the construction
contract with Ghilotti Bros., Inc. with contingency in an amount not to exceed
$3,400,000 using the construction schedule of values, $196,275 for Construction
Management and Inspection, and $159,570.95 for pavement restoration which
agreement is included with the staff report supporting this resolution, subject to
final approval as to form by the City Attorney.
2. 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 Council of
said City on Monday, the 7th day of February 2022 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Hill
LINDSAY LARA, City Clerk
MMWD Misc. Agreement — 5971
REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF SAN RAFAEL AND MARIN MUNICIPAL WATER DISTRICT
FOR CONTRACT AND CONSTRUCTION MANAGEMENT OF THE
THIRD STREET REHABILITATION PROJECT
THIS REIMBURSEMENT AGREEMENT ("AGREEMENT") is made and entered into
thiV. day o1AAWA4022, by and between the CITY OF SAN RAFAEL, hereinafter referred
to as "CITY", andthe ARIN MUNICIPAL WATER DISTRICT, hereinafter referred to as
"MMWD", both located in the State of California, collectively the "PARTIES";
For good and valuable consideration, the PARTIES agree as follows:
SECTION 1: RECITALS.
A. CITY plans to conduct corridor improvements along Third Street starting at Union Street
and continuing to Second Street and along Second Street from Shaver Street to 4th Street,
hereinafter the "ROADWAY PROJECT",
B. As part of the ROADWAY PROJECT the CITY will resurface the roadway along this
identified portion of Third Street.
C. MMWD plans to replace and/or repair water supply facilities within the identified portion
of Third Street, hereinafter the "PIPELINE PROJECT", in advance of the CITY's final
roadway resurfacing associated with the ROADWAY PROJECT.
D. For their mutual benefit, the PARTIES agreed to a Memorandum of Understanding on
February 26, 2021 ("MOU"), which combined the PIPELINE PROJECT with the
ROADWAY PROJECT resulting in a "JOINT PROJECT".
E. The MOU provides that the CITY will manage the integration of design plans, Caltrans
encroachment permit, and the bidding and the award of the JOINT PROJECT contract to
the lowest responsive bidder, hereinafter referred to as "CONTRACTOR".
F. CITY and MMWD wish to enter into this AGREEMENT to clarify the allocation of costs
associated with the construction, management, and administration of the PIPELINE
PROJECT.
SECTION 2: PROJECT COORDINATION
A. All notices and other communications required or permitted to be given under this
AGREEMENT shall be in writing and given by personal delivery, or deposited with the
United States Postal Service, postage prepaid, addressed to the parties named in this
Section. Notice shall be deemed given as of the date of personal delivery, or if mailed,
upon the date of deposit with the United States Postal Service.
Reimbursement Agreement Between MMWD & City of San Rafael Page 1
To: MMWD
Ben Horenstein
To: CITY
Bill Guerin
MA -5971
General Manager Public Works Director
Marin Municipal Water District City of San Rafael
220 Nellen Avenue 111 Morphew Street
Corte Madera, CA 94925 San Rafael, CA 94901
B. MMWD. The General Manager shall be the representative of MMWD for all purposes
under this AGREEMENT. Ben Horenstein is hereby designated as the Project Director
for MMWD. MMWD's Project Director shall be responsible for all aspects of the
progress and execution of this AGREEMENT on behalf of MMWD.
C. CITY. The Public Works Director shall be the representative of CITY for all purposes
under this AGREEMENT. Bill Guerin, the Public Works Director, is hereby designated
as the Project Director for CITY. CITY's Project Director shall be responsible for all
aspects of the progress and execution of this AGREEMENT on behalf of CITY.
D. The Public Works Director is hereby declared to be the authorized CITY representative in
administering this AGREEMENT. The MMWD General Manager is hereby declared to be
the authorized MMWD representative in administering this AGREEMENT. Either Party
may change its designated representative by providing written notice of the same to the
other Party.
SECTION 3: SCOPE OF AGREEMENT
A. The PARTIES acknowledge and agree that the sole purpose of this AGREEMENT is to
set forth the PARTIES' responsibilities regarding the construction, management,
inspection, and administration of the PIPELINE PROJECT portion of the JOINT
PROJECT and to set forth the amount that MMWD will reimburse the City for its costs
associated with the construction, management, and administration of the PIPELINE
PROJECT.
B. The PARTIES agree that the services needed for the construction contracting,
management, and administration of the PIPELINE PROJECT within the JOINT
PROJECT include the tasks set forth below:
1. Public Bidding of the Joint Project
2. Construction management services of PIPELINE PROJECT;
3. Payment to CONTRACTOR for PIPELINE PROJECT;
4. Construction Inspection of PIPELINE PROJECT and Procurement of Pipeline
Materials; and
5. Material testing services for the PIPELINE PROJECT, including, but not
limited to, trench subgrade and backfill compaction and asphalt testing.
C. The PARTIES agree and understand that as part of the JOINT PROJECT there are various
best practices and mitigation measures that have associated costs, including, but not limited
to, the preparation of a construction risk management plan and traffic management plan.
Reimbursement AGREEMENT Between MMWD & City of San Rafael Page 2
SECTION 4: DUTIES OF CITY
A. The CITY shall administer a public bid to construct the JOINT PROJECT with a separate
bid item for the PIPELINE PROJECT, the plans and specifications for which are
incorporated into CITY plans and specifications. Prior to including the PIPELINE
PROJECT plans and specifications in the public bid, MMWD will review and provide any
revisions to CITY for inclusion in the CITY plans and specifications. Prior to award and
entering into a construction contract for the JOINT PROJECT, the CITY shall receive
written authorization from MMWD of acceptance of the CONTRACTOR bid item or a
portion of the CONTRACTOR'S bid item for the PIPELINE PROJECT.
B. The CITY shall provide construction management for the JOINT PROJECT. CITY shall
require CONTRACTOR to provide the CITY with Payment and Performance bonds for
the ROADWAY PROJECT, all in accordance with the terms and conditions of the CITY
contract. The CITY shall also require CONTRACTOR to provide MMWD with Payment,
Performance, and Maintenance bonds for the PIPELINE PROJECT, all in accordance with
the terms and conditions of the CITY contract, which shall be mutually agreed upon by the
PARTIES, with the CONTRACTOR.
C. CITY shall pay CONTRACTOR for the PIPELINE PROJECT in accordance with the unit
bid prices and specifications approved by MMWD. No extra work on the PIPELINE
PROJECT will be authorized by CITY or CONTRACTOR without prior written approval
of MMWD. CONTRACTOR shall receive compensation for such MMWD approved extra
work at the unit bid prices and in accordance with the specifications contained in the bid
submitted by CONTRACTOR; insofar as such prices are applicable. Where existing
contract bid items cannot be extended for payment of such MMWD approved extra work,
a change order will be executed between CITY and CONTRACTOR only if such work and
cost are authorized in advance by MMWD in writing. The request for approved extra work
shall be sent to MMWD's Project Manager, Alex Anaya at aanayaamarinwater.org.
D. CITY or its representative shall be responsible for communicating MMWD's decisions
regarding PIPELINE PROJECT to CONTRACTOR and coordinating the execution and
implementation of MMWD decisions with CONTRACTOR on the PIPELINE PROJECT.
E. CITY shall require CONTRACTOR to name MMWD as an additional insured on all
insurance required to be obtained, including but not limited to CONTRACTOR general
liability and automobile policies, and shall require that CONTRACTOR indemnify
MMWD to the same extent as CITY under the JOINT PROJECT contract.
F. CITY shall be responsible for the Project Administration and Construction Management
of the JOINT PROJECT and will contract with a construction management firm, referred
to herein as CONSULTANT, to provide these services. These services shall include:
general inspection (not including daily inspection by MMWD for PIPELINE work as set
forth in section 5G below), progress payment preparation, change order preparation,
schedule review, claims negotiation, meeting attendance, project reports, labor and wage
compliance, utility coordination, project documentation, as -built plans (excluding redline
as-builts of PIPELINE plan sheets prepared by MMWD inspectors), and overall project
administration.
Reimbursement AGREEMENT Between MMWD & City of San Rafael Page 3
MA -5971
G. CITY shall provide MMWD status updates and other Construction Management
information needed to facilitate the construction of the PIPELINE PROJECT on a weekly
or an "as needed" basis.
H. CITY shall prepare and submit to MMWD invoices for CONTRACTOR costs associated
with the PIPELINE PROJECT on a monthly basis.
I. At the completion of the PIPELINE PROJECT, CITY shall prepare and submit invoice to
MMWD for CONSULTANT costs associated with the construction management and
administration of the PIPELINE PROJECT.
SECTION 5: DUTIES OF MMWD
A. MMWD shall reimburse CITY for the PIPELINE PROJECT construction costs in
accordance with the unit bid prices and specifications authorized in writing by MMWD.
MMWD shall also reimburse CITY for any extra or changed work authorized by advanced
written notice from MMWD's Project Manager, Alex Anaya. MMWD shall review CITY
progress payment estimates and provide CITY written notice approving or disapproving
each progress payment estimate related to the PIPELINE PROJECT within 14 calendar
days of MMWD receiving each progress payment estimate from CITY. MMWD will remit
payment to CITY within 21 calendar days following its approval of a PIPELINE PROJECT
progress payment.
B. MMWD shall review CONTRACTOR change orders for extra work on the PIPELINE
PROJECT and provide CITY a written notice of approval or disapproval of extra work
within three (3) days of receiving each request. MMWD shall be responsible for
CONTRACTOR claims arising from MMWD failure to timely approve or disapprove
CONTRACTOR change orders for extra work.
MMWD shall be responsible for delays to the JOINT PROJECT which are a direct result
of unavoidable delays in the work prosecution or completion of the PIPELINE
PROJECT. Unavoidable delays in the work prosecution or completion shall mean all
delays resulting from causes beyond the CONTRACTOR'S control which they could not
reasonably have anticipated and mitigated or avoided by the exercise of care, prudence,
foresight, and diligence and which actually and necessarily cause a delay in the
completion of the whole work. Any delay which results from MMWD changes in the
amount of work to be done, the quantity of material to be furnished, or the schedule of
other forces working concurrently for MMWD, shall be the responsibility of MMWD.
Any delay caused by MMWD's or another PIPELINE PROJECT -related utility's failure
to provide for removal or relocation of existing main or trunkline utility facilities located
on the construction site which are not identified with reasonable accuracy in the contract
document, will be defined as right-of-way delays and will be paid for as outlined below.
Right-of-way delays will be considered unavoidable, and the responsibility of MMWD,
to the extent that they actually and necessarily delay the CONTRACTOR'S completion
of the whole work on the PIPELINE PROJECT. Unavoidable delays do not include
delays caused directly or indirectly by the default, delay, or other breach of the
CONTRACTOR or any subcontractor of CONTRACTOR. Delays due to adverse
weather conditions will be regarded as unavoidable only to the extent that they actually
Reimbursement AGREEMENT Between MMWD & City of San Rafael Page 4
MA -5971
and necessarily cause a delay in completion of the whole work and to the extent that such
condition could not reasonably have been anticipated and mitigated or avoided by the
exercise of care, prudence, foresight, and diligence of the CONTRACTOR.
C. In order to bear all costs associated with and arising from construction management and
administration of the PIPELINE PROJECT within the JOINT PROJECT, MMWD shall
reimburse CITY for 16.6% of all construction management CONSULTANT costs
associated with the JOINT PROJECT. CITY shall prepare and submit an invoice for
CONSULTANT costs at the completion of the PIPELINE PROJECT, which shall be paid
within 30 calendar days of receipt by MMWD.
Said reimbursement ratio of 16.6% was calculated based on the following estimate:
$3,025,275 PIPELINE PROJECT IMPROVEMENTS = 16.6%
$18,248,707.54 JOINT PROJECT IMPROVEMENTS
MMWD shall reimburse CITY for CONSULTANT construction management and
administration fees in the amount of $155,757 at the completion of the PIPELINE
PROJECT based upon the following calculation:
The CONSULTANT Construction Management fee is $938,300 (excluding
materials testing).
16.6% x $938,300 = $155,757.
D. PARTIES agree to work cooperatively to renegotiate cost sharing of CONSULTANT fees
for construction management and administration should there be a change in these fees or
scope of the PIPELINE PROJECT.
E. MMWD shall reimburse CITY for 16.6% of all costs associated with and arising from
Water Pollution Control and the Project Schedule of the PIPELINE PROJECT within the
JOINT PROJECT. CITY shall prepare and submit an invoice for these construction costs
at the completion of the PIPELINE PROJECT, which shall be paid within 30 calendar days
of receipt by MMWD.
F. MMWD shall reimburse CITY for administration and trench cost savings from restoring
the pavement using a straight trench versus the standard t -cut trench section described in
the Marin County Uniform Construction Standards 2018 for the pipeline installed within
the CITY'S ROADWAY PROJECT limit. MMWD and CITY have agreed on an amount
of $3.82 per square foot of trench within pavement restoration area, which is a total of
$159,570.95. CITY shall prepare and submit an invoice for this amount at the completion
of the PIPELINE PROJECT, which shall be paid within 30 calendar days of receipt by
MMWD. All surface restoration for other PIPELINE PROJECT work outside the
ROADWAY PROJECT boundaries shall be restored per the Marin County Uniform
Construction Standards 2018 upon installation of the pipeline and restoration of the
roadway pavement.
G. MMWD shall provide inspection services, at MMWD'S cost, for all construction of the
PIPELINE PROJECT. MMWD shall review and approve all submittals required by the
PIPELINE PROJECT specifications within 10 calendar days of receipt by MMWD.
Reimbursement AGREEMENT Between MMWD & City of San Rafael Page 5
MA -5971
H. MMWD shall provide the water distribution system pipe materials for the PIPELINE
PROJECT and materials testing services for the PIPELINE PROJECT, including, but not
limited to materials testing of the trench subgrade, backfill, and asphalt compaction used
for trench restoration, but excepting 14 -steel casing and 8 -inch fusible PVC pipe to be
furnished by CONTRACTOR. Materials testing services shall be paid for by MMWD.
MMWD shall provide all materials testing results to CONSULTANT within twenty-four
(24) hours of receiving them. Water distribution system pipe backfill material including
but not limited to, sand, class 2 aggregate base, control density fill and hot mix asphalt and
14 -inch steel casing pipe and 8 -inch fusible PVC pipe shall be furnished by the
CONTRACTOR and shall be paid per the MMWD Bid Item price for said items.
SECTION 6: PARTNERING
A. The PARTIES agree to participate in the Formal Collaborative Partnering Process
described below with the project CONTRACTOR.
B. Formal Collaborative Partnering for this project will start within 30 days of the issuance of
the Notice to Proceed to CONTRACTOR and will include the following:
a. CITY and CONTRACTOR will contract with an IPI Certified Independent
Professional Neutral Partnering Facilitator;
b. A "Partnering Charter" containing the joint development of goals will be developed
collaboratively between the CITY, MMWD, SRSD, and the CONTRACTOR;
c. A periodic, joint evaluation of the Partnering process;
d. Executive Level, Core Team, and Stakeholder Partnering;
e. A Partnering Follow-up Plan to resolve potential problems at the lowest possible
level; and
f. A Training Plan for development of partnering skills.
C. Participation in the formal partnering process will not void any portion of the contract. All
rights and remedies set forth in the final contract will be preserved.
SECTION 7: MISCELLANEOUS TERMS
A. Term of AGREEMENT: This AGREEMENT shall terminate upon MMWD acceptance
of the completed PIPELINE PROJECT, provided that MMWD reimbursement and CITY
and MMWD indemnification duties shall continue following the end of such term.
B. Termination: This AGREEMENT may be terminated, without cause, by either Party,
upon thirty (30) calendar days advance written notice to the other Party following CITY
rejection of bids as provided herein, and may be terminated, with cause, by either Party,
upon thirty (30) calendar days advance written notice to the other Party following the
Reimbursement AGREEMENT Between MMWD & City of San Rafael Page 6
MA -5971
notified Party's failure to cure or correct the cause of termination notice, within thirty (30)
calendar days receipt of that notice.
C. Amendment and Merger: This AGREEMENT contains all the terms and conditions
made between the PARTIES to this AGREEMENT and may only be modified by written
AGREEMENT signed by all the PARTIES to this AGREEMENT or their respective
successors -in -interest. This writing is intended both as a final expression of the
AGREEMENT between the parties hereto with respect to the included terms and as a
complete and exclusive statement of the terms of this AGREEMENT. No modification
of this AGREEMENT shall be effective unless and until such modification is evidenced
by a writing signed by both PARTIES.
D. Agreement Binding; The terms and provisions of this AGREEMENT shall extend to and
be binding upon and inure to the benefit of the heirs, executors, and administrators or to
any approved successor, as well as to any assignee or legal successor to any PARTIES to
this AGREEMENT. Any terms of this AGREEMENT that by their nature extend beyond
the term (or termination) of this AGREEMENT shall remain in effect until fulfilled and
shall apply to both PARTIES' respective successors and assigns.
E. Cooperation: The PARTIES pledge cooperation during the term of this AGREEMENT.
F. 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.
G. Severability: If any term, covenant or condition of this AGREEMENT or the application
thereof to any person or circumstance is determined to be invalid or unenforceable, the
remainder of this AGREEMENT or the application of such term, covenants or conditions
to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term, covenant and condition of
this AGREEMENT shall be valid and be enforced to the fullest extent permitted by law.
H. No Waiver: The waiver by either of the PARTIES of any default under this
AGREEMENT shall not operate as a waiver of any subsequent breach of the same or any
other provision of this AGREEMENT.
I. Time is of the Essence: Time is of the essence with respect to the performance of every
provision of this AGREEMENT for which time or performance is a factor. PARTIES
agree to adhere to all deadlines stated in the approved project specifications.
J. Mediation: Any dispute or claim in law or equity between the County and MMWD
arising out of this AGREEMENT, if not resolved by informal negotiation between the
PARTIES, shall be mediated. The mediation process shall continue until the case is
resolved or until such time as the mediator makes a finding that there is no possibility of
resolution. If mediation is unsuccessful, the PARTIES may avail themselves of any other
remedies.
K. Applicable Law: This AGREEMENT shall be construed and enforced in accordance
with the laws of the State of California.
Reimbursement AGREEMENT Between MMWD & City of San Rafael Page 7
MA -5971
L. No Presumption Regarding Drafter: The PARTIES acknowledge and agree that the
terms and provisions of this AGREEMENT have been negotiated and discussed between
the PARTIES and their attorneys, and this AGREEMENT reflects their mutual
AGREEMENT regarding the same. Because of the nature of the negotiations, and
discussions it would be inappropriate to deem any Party to be the drafter of this
AGREEMENT. Therefore, no presumption for or against validity, or as to any
interpretation hereof, based upon the identity of the drafter, shall be applicable in
interpreting or enforcing this AGREEMENT.
M. Assistance of Counsel: Each Party to this AGREEMENT warrants as follows:
a. That each Party had the assistance of counsel in the negotiation for, and the
execution of, this AGREEMENT and all related documents; and
b. That each Party has lawfully authorized the execution of this AGREEMENT.
N. Section Headings: The section headings contained in this AGREEMENT are for
convenience and identification only and shall not be deemed to limit or define the contents
of the sections to which they relate.
O. Countervarts and Electronic Signatures: This AGREEMENT may be executed by electronic
signature and in any number of counterparts, each of which shall be deemed an original, but
all of which together shall constitute one document. Counterpart signature pages may be
delivered by telecopier, email or other means of electronic transmission.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT by their duly
authorized officers as of the day and year first above written.
CITY OF SAN FAEL
J -J
Jim Schutz, City Manager
ATTEST:
By: X '
Lindsay Lara, City Clerk
APPROVED AS TO FORM:
By: r
Robert Epstein, City Attorney
MARI MUNICIPAL ATER DISTRICT
General Manager
ATTEST:
By:4k�A-�t
Board Secretary
APPROVED AS TO FORM:
By:
General Counsel
Reimbursement AGREEMENT Between MMWD & City of San Rafael Page 8
January 7, 2022
Bill Guerin
Director of Public Works
City of San Rafael
San Rafael, CA. 94901
RE: 2nd/3rd Street Improvements
Dear Bill,
We greatly appreciate the City’s willingness to explore ways of saving the valuable London Plane
tree in the 2nd Street median that greets those entering San Rafael from the west. We especially
appreciate the efforts of April Miller to reach a solution, and her thorough response to
Sustainable San Rafael’s June 21 letter (attached).
We continue to believe that the key to such a solution lies in balancing the multiple civic values
that must be integrated here—those of drivers, cyclists, pedestrians, parkers, neighborhoods,
and not least, the contributions made by full-grown trees to the character and environmental
health of Marin. Such trees are valuable members of our community.
Reducing the speed limit for these two blocks of 2nd and 3rd Streets to match the 25-mph posted
for both streets through the rest of downtown would benefit all parties. Drivers, cyclists, and
pedestrians would be safer. Danger would be lessened for people parking in the exposed spaces
outboard of the new bike ‘facility’ (as all who have paralleled-parked on westbound Miracle Mile
can attest). Finally, slower traffic would take less space to safely transition to the new street
alignment east of the tree, retaining the full width of the existing median to the east dripline, and
thereby saving the tree. (The attached DPW drawings clarify how shifting the transition north
and perhaps shortening it could save the tree with little loss of parking.)
The reduced speed is further warranted by the reduced lane widths already planned. The
additional street trees that are also planned will help signal drivers that it’s time to slow down
for downtown conditions, including more pedestrians, cyclists, and on-street parking. Saving this
mature London Plane, positioned at the entrance of the City, is a first step towards calming traffic
for a safe and enjoyable journey through San Rafael.
With the length of these two blocks apparently totaling about 1200 feet, the reduction in speed
translates into an increased drive time of merely 9 seconds. We believe that saving this 50-year-
old tree is well worth these few seconds of travel time. In our opinion, it is also worth a few
parking spaces (2-4) that could be made up for by implementing parking strategies already in
the Downtown Parking Study and the new Downtown Plan.
In addition to the many long-known benefits that trees bring to our community—natural beauty,
human scale, replenished oxygen, stable property values, biodiversity—this particular tree also
SAN RAFAEL
SUSTAINABUSanRafael.org
models significant responses to the growing climate crisis. The London Plane is among the most
effective species of street tree for drawing down the atmospheric carbon largely responsible for
climate change and storing it in branches, roots, and soil. This tree alone sequesters about a ton
of greenhouse gas every three years It’s broad deciduous leaves also provide cooling shade
during our increasingly dangerous heat events, reducing summer heat islands, while allowing
sunlight to warm winter sidewalks. In addition, the species survives and helps mitigate air
pollution, particularly important as wildfire smoke becomes a more frequent climate impact.
As you know, Sustainable San Rafael has closely monitored and supported the overall Third
Street Improvement Project since it began in 2017, with particular attention to the interests of
pedestrians and the fate of the four median trees on Second Street. It therefore came as a
surprise when the last and most valuable of these trees was eliminated from the drawings less
than a year ago, in February 2021. We suggest that the loss of this beautiful tree is unnecessary,
and is not responsive to the full constituency of San Rafael.
For all these reasons, we continue to urge the City to redouble its efforts to make this tree an
example of the partnership that has now become critical to the survival of both people and
nature. Again, thanks for your close attention to this important matter.
Sincerely,
William Carney
President
Attachments:
DPW drawings showing alternative 2nd Street realignments
SSR letter, 6/21/21
cc: Mayor Kate Colin, San Rafael City Council, Jim Schutz, Cory Bytof, Alicia Giudice, April Miller
DPW Drawings of 2nd Street Entry Tree, Parking, & Lane Realignments
1. Current proposal eliminates beautiful London Plane tree by cutting a few feet into median to
save 2 parking spaces between Marquard and West Streets. The 200’ transition to a new lane
alignment east of West St. takes place between Marquard and West Streets.
2. The same 200’ transition could preserve the tree by starting at its east dripline, eliminating
just 2 more parking spaces east of West Street. Reducing the speed limit from 35 to 25 mph (as
elsewhere on 2nd St.) could increase safety and save another parking space.
2nd Street Interim Connection
,----e::::: .)
2nd Street
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~-______ -__ J_<-. · .· ·•; ) /'i z:::z=-----:::;, ~ z, ::::::z, ~•I ;,.::-Kz ______ ~==~~
<C -~-~-~7 ~:::::~::::: .: :.. ------►~ . ----j;:-¼ -
West
End
►-
STOI'
SAN RAFAEL
THE CITY WITH A M ISSION
Concept Design
Exhibits
3. An earlier DPW study shows a sharper transition, preserving both the tree and all the parking
east of West Street. Even with the wider bike lane now proposed, a similar transition might work
with slower speeds, saving the tree and losing only one additional parking space.
4. DPW conceptual sketch of the proposed 4th / 2nd Streets roundabout shows how this mature
London Plane tree fits in, helps calm traffic, and marks the 2nd Street entry into San Rafael.
Figure 22: East Street to Miracle Mile/ West End Avenue Proposed Project-Option B
4TH ST
THIRD STREET REHABILITATION PAGE 25 OF 26 MAY 2019
June 21, 2021
Bill Guerin
Director of Public Works
City of San Rafael
San Rafael, CA. 94901
RE: 2nd/3rd Street Improvements
Dear Bill,
With a construction manager on board, we hope that you will take another look at all
possibilities for saving the valuable London Plane Tree in the 2nd Street median that welcomes
those entering San Rafael from the west.
Following the last Council presentation on this project, I discussed several possibilities with
project manager April Miller:
• Consider decreasing the speed along the combined section of 2nd and 3rd Streets for the
two blocks east of the 4th Street intersection to 25 mph, which is the speed posted for the
remaining portions of these two streets through downtown San Rafael. This would
decrease the distance needed for traffic to transition to the new lane alignment proposed
east of West Street, potentially resulting in fewer parking spaces lost from retaining the
tree. It would also increase the safety of all users of these blocks—pedestrians, cyclists,
drivers, and those parking outboard of the new bike facility—a goal repeated frequently
during the Council meeting.
• End the median immediately east of the drip line of the tree, further facilitating a safe lane
transition.
• Explore lane dimensions and restriping that would avoid removal of the tree.
For reasons stated in our previous letters, Sustainable San Rafael continues to believe that this
magnificent tree contributes greatly to the overall character of this portion of the 2nd/3rd
boulevard and the project as a whole, outweighing the value of parking a few additional cars in a
stretch of public right-of-way already dominated by automobiles. The City’s ‘complete streets’
policy calls instead for balancing traffic, bikes, pedestrians, and natural elements.
Thank you for your further consideration.
Sincerely,
William Carney, President
cc: Mayor Kate Colin
January 11, 2022
Bill Guerin, Director
Department of Public Works
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
via email: Bill.Guerin@cityofsanrafael.org, April.Miller@cityofsanrafael.org
RE: 2nd/3rd Street Improvements
Dear Bill:
I became aware of the threat to the valuable London Plane tree in the 2nd Street median, just down the
hill from my home, when William Carney of Sustainable San Rafael contacted me to join his noble
effort to save this tree. I enjoy seeing this tree several times during the week, either by driving by it or
walking by it since the Second/Third Street corridor is the only access to our hillside neighborhood.
I reached out to April Miller to try to understand where the opposition for saving the trees was coming
from. She responded that there had been a community meeting on 9/23/20 where residents expressed
concerns about losing parking spaces. However, there is no recorded video or minutes of this meeting.
So, I reached out to neighbors on East, West and Second Streets and received the following comments:
“It would be propitious to keep such trees intact rather than trying to grow other trees, which would
take too long to mature grown from mere saplings.” “Our house is on 2nd street right in front of the
trees (they are the only thing that helps us not to feel that we're living on a highway).” “We are
dreading the day that project begins and we are going to be very, very sad to see them (the trees) go.”
“We are certainly concerned about so many spaces being eliminated, but I think the tree (the London
Plane) should be saved no matter what. It is a magnificent tree and adds immeasurably to the
neighborhood.” “I thought they should buy Peter Levi's (1818 2nd St) and make it a residents' only
parking lot.”
San Rafael residents are engaged in their community and will frequently write letters, circulate
petitions, and provide public comment at City Council meetings on issues of importance, even if the
issue is considered a “done deal.” Sustainable San Rafael, California Urban Forests Council and
several residents submitted written correspondence and provided public comments, urging the Council
to save the street trees along Second Street, in particular, this large London Plane.
It was surprising that NO ONE wrote a letter or spoke during any of the Council meetings about the
parking spaces on Second Street. No one bothered to thank staff for saving parking spaces or
complained about it – nothing, no public comment whatsoever about the parking spaces!
I understand that Public Works may prefer tearing out and replanting rather than “working around” a
40-foot mature London Plane, given the additional oversight that may be required, but saving the 1
London Plane tree out of 4 existing street trees in the medians along Second Street is a more than fair
compromise between the City and the neighborhood.
We don’t want these mature full-canopied trees replaced with little spindly trees that can’t survive our
water restrictions, heat waves, car exhaust, and limited maintenance. Trees planted in the nearby
median along West End Avenue about 10 years ago need pruning; one is growing in a “U” shape, the
tree canopies should be fuller, and they contrast sharply with the lush landscaping along the Miracle
Mile in neighboring San Anselmo.
There is also the issue of safety at the intersection of West at Second Street. A neighbor had a serious
accident at this corner while turning right onto Second Street from West Street. The parking space on
Second Street located immediately west of West Street should be removed. A parked car in this
location blocks visibility of oncoming traffic and is dangerous for vehicles turning right from West
Street onto Second. I never turn right here. Instead, I zigzag down to East Street and make a right turn
onto Second Street from East, where the visibility of on-coming traffic is much better.
It doesn’t appear that the Collision Study includes Second Street, west of Shaver to Marquard. I have
personal knowledge of several vehicle/bicycle collisions at the intersection of Marquard and West End
Ave. The fault generally lies with the bicyclist whizzing through the stop sign at West End Ave and
colliding with a vehicle exiting Marquard. I recall seeing a bicyclist motionless on the pavement after
such a collision. A bicyclist flew over the hood of my car once. A former neighbor had his car window
broken and the bicyclist broke his collarbone on another occasion.
However, when the bike route changed to require a left turn at the end of West End Ave to cross to
Fourth Street, bicyclists stopped at the stop sign to walk their bikes across the intersection, increasing
safety. There’s also a tall utility box on the southwest corner of Marquard which blocks the visibility of
on-coming cyclists. Public Works should seriously consider installing guard rails or a barrier on the
small median (between West End and Fourth Street) where pedestrians and cyclists are forced to stand
in the middle of fast east-moving traffic as the lanes split between Fourth and Second Street. There is
currently nothing to prevent a vehicle from jumping the curb of this small median and striking a
pedestrian standing there, waiting to cross.
I’m concerned that in an effort to appease BPAC and quickly provide an “interim solution,” the City
has not given thorough consideration of all safety considerations at the Marquard/West End Intersection.
This is a complicated intersection with multi-directional travel among vehicles and now, bicycles. The
proposed west traveling bicycle lane with a “bicycle signal” at Marquard is a recipe for disaster. With
bicyclists no longer detouring to Fourth Street from West End Avenue, they will once again whiz
through the Stop Sign going east down Second Street and now a separate lane of west traveling
bicyclists will not stop at the “bicycle signal,” and vehicles coming from multiple directions will have
to navigate the bicyclists traveling in separate lanes. Add to the mix, the frequency of vehicles
traveling west down Second Street opting to make an illegal u-turn at Marquard in order to reverse
direction. Will there be a synchronized stop light at West End Avenue?
We suggest you take the following actions:
1. Save the beautiful London Plane Tree. It is a more than fair compromise to give up 3 mature
trees but save the most beautiful one. Trees with large canopies create a calming effect on
traffic, provide greenery for pedestrians, bicyclists, and all residents to enjoy, and block the
view of the gas station for residences along this section of Second Street.
2. Reduce the speed limit and implement measures to calm traffic speed from Marquard to East
Street (or G Street) to reflect the residential use and frequent crossings by pedestrians and
cyclists and to save parking spaces along Second Street between East and West Streets.
Calming measures could include the timing of stop lights to reduce speed.
3. Remove the 2 curbside parking spaces on Second Street between West St and Marquard in order
to preserve the London Plane tree. The one parking space closest to West should be removed
for safety reasons and the other parking space is a small price to pay to save this beautiful tree.
4. The interim-connection at Marquard and Second Street needs to be reassessed for safety reasons.
5. The tall utility box at the southwest corner of Marquard and West End Avenue should be moved
for safety reasons.
6. Guard rails or barriers should be installed to protect pedestrians and bicyclists standing in the
small median in the middle of east moving traffic where it splits between Fourth and Second
Streets.
7. The Collision Study should include the section of Second Street from Shaver to Marquard.
Thank you,
Victoria DeWitt
Jeff Eader
Liza Ryan
Kristen Vyas
Deborah Coburn, resident since 1987
Steve Thomson
Jasmin Thomson
Linda Lieberman
Anne Bowen
Susan Bradford
Amy Likover
Joe Likover
cc: Mayor Kate Colin and City Council members
From: Randy Dilena <randy@dilena.org>
Sent: Monday, January 17, 2022 5:46 PM
To: Distrib- City Clerk <City.Clerk@cityofsanrafael.org>
Subject: Third Street Project - February 7, 2022
Importance: High
To the honorable Mayor, Vice Mayor and members of the City Council,
I represent the ownership of West End Center - the San Rafael strip mall that extends perpendicularly
from Fourth Street to Second Street and the private parking lot adjoining it. As such, I have followed the
Third Street Project from inception and have commented positively on many of the features of the
project during its planning stages. Many of the features we have strongly supported and commented on
include: 1) the addition of a traffic signal on Second Street at Earl Street, and 2) the retention of as many
Third Street parking spaces as possible (for benefit of the many small businesses, home owners and local
tenants that conduct business and/or reside in the West End community).
I understand the City of San Rafael and their design teams have been busy working out the final design
details of the Third Street Project and have coordinated much of this project with MMWD, SRSD, and
PG&E. I further understand that you will be meeting next on February 7, 2022 to discuss and approve
the final details of this project. It is for that reason I want to state the fact the Third Street Rehabilitation
project is something we strongly support, and we want you to know that we DO NOT want to see the
removal of any parking spaces from the current plan. Removal of any parking spaces in the area near
West End Center (Second Street) will increase stress on an already overstressed parking situation in our
private parking lot, cause an increased hardship to local businesses who have limited parking (and are
struggling to survive), and, will likely impose an unnecessary project delay that could cost the City
additional funds to study and process.
In summary, we fully support the current Third Street Project plan and the retention of a maximum
number of parking spaces along Second Street, while we oppose any additional reduction of parking
spaces along Second Street. Please make it a priority to retain all parking spaces on Second Street as
noted in the currently approved plans!
Thank you,
Randy Dilena
Randy Dilena
Co-Owner
Dilena Properties
Managing the Experience with Excellence
T: +1.650.873.0160 (x 238) | F: +1.650.588.7061 | M: +1.650.888.7711 | E:
randy@dilena.org
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From:
Sent: Thursday, January 20, 2022 2:23 PM
To: April Miller
Subject: Third Street Rehabilitation Project
Dear Ms. Miller,
First of all, I want to thank you so much for keeping me up to date in regards to the Second St. bicycle
facility, particularly as it might relate to the elimination of parking between Marquard/West End Ave. and
Ida St.
For your as well as the council's benefit, I would like to reiterate my objection to the elimination of any
parking between Marquard/West End Ave. and Ida St. As previously stated in prior emails, I own 4 rental
properties in the area with a total of 8 tenants, 3 properties on Second St. between Marquard/West End
Ave. and West St. and 1 property on West St. All of these properties have limited parking as it now
stands.
Onsite parking in this area as well as the side streets of West St., East St., Jessup St. and Hart St. is very
limited and home owners and tenants relay heavily on street parking. Many of these side street homes
were constructed during an era with one car garages or no onsite parking at all. The elimination of any
parking is going to be a disaster for all property owners and tenants whether they be located on Second
St. or one of the aforementioned side street. Landlords will find it more difficult to find good tenants
without sufficient parking. Tenants and homeowners who live on Second St. and who rely on Second St.
parking for themselves and their guests will end up parking in the residential side streets that are already
overcrowded with cars parked on the street.
In addition to the above, the council needs to consider the city's recent ordinance allowing the city to
restrict parking on roads shorter then 30 feet wide. Three of the four streets adjacent to the project are
plus or minus 24 feet wide, therefore significant parking could be eliminated exasperating the loss of
parking on Second St.
I can already hear the cry for relief from property owners and tenants who will be adversely affected
should any parking be eliminated. In an already divided country, do we really need more division?
Therefore, I am very strongly opposed to the elimination of any parking along Second St. between
Marquard/West End Ave. and Ida St.
Respectfully,
Roger Pierce
Draft 05 06/28/20
1/10/22
City Council of San Rafael,
I am writing to you to strongly protest against the request by environmentalists to save the
trees and remove on-street parking on Second Street as part of the Third Street Rehabilitation
Project.
I have been told that people with environmental concerns are upset that the trees near the
street will be removed in order to have room for both the parking and bikes lanes. We have
many lovely trees in this community besides the ones near the street.
The quality of our lives and that of our neighbors and tenants will be negatively impacted if the
parking if the parking on Second Street does not remain available.
We have been property owners here since 1987. Besides living on the property, we have four
rental units which provide affordable housing for the community. All of our tenants have more
than one car and require on-street parking.
The fourteen-unit apartment complex at the corner of East Street and Second Street also serves
San Rafael as affordable housing. Where will those community members park?
The plan to remove the on-street parking on the south side of Second Street from Marquard
Avenue to Miramar Avenue is unfair to all of us living in this community, many of whom are
low-to -moderate income families providing essential services to Marin County.
Parking is critical to our quality of life and parking is extremely scarce in the West End of San
Rafael. The loss of parking on Second Street would greatly impact parking on all the side streets
of our community.
I plead with you stay committed to the project re-design which was presented in 2021 which
maintained the street parking.
Once again, it is the low and moderate income community members living in the West End of
San Rafael whose quality of life will be negatively impacted if the parking is removed.
Thank you,
Sandra Ponek & Angel Rodriguez
San Rafael
MARIN COUNTY GROUP
Protecting the Marin environment since 1968
scmaringroup@gmail.com
sierraclub.org/san-francisco-bay/marin
1
Jan. 18, 2022
Bill Guerin
Director of Public Works
City of San Rafael San Rafael, CA. 94901
RE: 2nd/3rd Street Improvements, London Plane Tree preservation
Dear Bill,
As Climate Change continues to be a threat to all of us, we are glad that the city is addressing
ways to encourage additional fossil fuel free biking by developing safe lanes for travel. However,
cutting down large trees to do this, rather than removing parking spaces, is a supreme failure to
understand the incredible value that mature trees bring to the city and the interconnectedness
of our decisions when dealing with the complexity of climate change.
The Marin Group Sierra Club supports the letter and findings of Sustainable San Rafael and
strongly encourages you to keep the mature London Plane tree at the western “entrance” to the
city–for its shade, its aesthetic and environmental values, and to conform with San Rafael’s
Climate Change Action Plan 2030 and General Plan 2040.
Small trees do not match the value of mature trees for carbon sequestration,1 urban heat island
relief or water infiltration, which reduces the impacts of both flooding and drought. What is
predicted for future rain patterns in our area are both additional years of drought with soaring
temperatures and more intense storms such as we witnessed in October 2021. These conditions
will affect the health and survival of any newly planted trees and may make such grand schemes
1 https://www.pacificforest.org/ee-old-trees-store-more-carbon-more-quickly-than-younger-
trees/ A sweeping study of forests around the world finds that the older the tree, the greater its
potential to store carbon and slow climate change. The 38 researchers from 15 countries found
that 97 percent of trees from more than 400 species studied grew more quickly as they aged,
thus absorbing more carbon. Although trees become less efficient at processing carbon as they
get older, there are a greater number of leaves to absorb CO2, explained Nate Stephenson, lead
author of the study. Leaves are crucial in photosynthesis, the process by which plants make
energy and absorb carbon dioxide. “Even though on an individual leaf scale their productivity
might be declining slightly, they just have so many more leaves that the net effect is that they’re
able to fix more carbon in total than a small tree,” said Stephenson, a scientist with the U.S.
Geological Survey’s Western Ecological Research Center in Three Rivers, Calif.
• SIERRA
CLUB
MARIN COUNTY GROUP
Protecting the Marin environment since 1968
scmaringroup@gmail.com
sierraclub.org/san-francisco-bay/marin
2
of “replacement trees” an unreachable hope rather than a sound plan. It makes much more
sense to protect and preserve what we have: large, well-established healthy trees. Given
MMWD’s proposed drought restrictions, which will return after we have predictably more dry
years, it may be impossible to even plant a new tree unless recycled water is available for
irrigation.
Public safety and beautiful surroundings are values that promote community health and
happiness, which should not be underestimated. From a mental health perspective, it is also a
horrible shock when people learn, usually after the deed has been done, that a much loved and
appreciated tree was cut down as a matter of expediency when other feasible options clearly
existed.
We have cut down, paved over, and modified our planet so much that we are now at a serious
tipping point. We must do all we can to lessen those climatic impacts that we are already
experiencing: extreme drought, heat, and other unpredictable and increasingly violent weather
patterns. Every decision needs to be made through the lens of will this support the mitigation of
climate change or will it make that change more certain? While it may be true that one tree will
make a relatively small difference, the cumulative impacts of all the deforestation at the local
and rainforest level ARE having a negative impact that we can avoid by being more judicious and
careful.
In addition, a letter from residents showing a preference for car, bike and pedestrian safety,
without any complaints about losing parking spaces, needs to be seriously considered. The
roundabout conceptual plan that San Rafael proposed keeps the tree as well as slowing traffic,
which tends to increase safety for all. A discussion with nearby residents could be extremely
helpful to develop the best plan for all.
This tree is valuable and irreplaceable. Please modify your plans, as per the suggestions given in
Sustainable San Rafael’s letter, to keep this tree standing.
Thank you,
Judy Schriebman
Chair, Sierra Club Marin Group
cc: Mayor Kate Colin, San Rafael City Council, Jim Schutz, Cory Bytof, Alicia Giudice, April Miller
• SIERRA
CLUB
