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HomeMy WebLinkAboutPW H St. Roadway Impr.; NOC RecordedC►r oF. Agenda Item No: 3.d Meeting Date: December 21, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Director of Public Works (KM) City Manager Approval: File No.: 08.02.245 TOPIC: COMPLETION OF H STREET ROADWAY IMP'ROVEIENT PROJECT SUBJECT: 1. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROPRIATING ADDITIONAL FUNDING IN THE AMOUNT OF $74,205.83 FOR THE H STREET ROADWAY IMPROVEMENT PROJECT, CITY PROJECT NO. 11206 2. ACCEPT COMPLETION OF THE H STREET ROADWAY IMPROVEMENT PROJECT, CITY PROJECT NO. 11206, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION. RECOMMENDATION: Adopt the resolutions. BACKGROUND: On July 21, 2014 the City Council awarded a construction contract to Ghilotti Construction, Inc. to reconstruct a storm drain system in H Street, and to resurface H Street. The project also required the reconstruction of a San Rafael Sanitary District (SRSD) sewer line. Cost sharing between the City and SRSD is in accordance with a May 19, 2014 City Council -approved Memorandum of Understanding. Since the project included the construction of underground infrastructure and roadway resurfacing, utility companies were contacted in advance of construction and asked to review the plans to determine if the proposed underground construction conflicted with the utility's existing facilities, in which case those facilities would need to be relocated. If the utility company had plans to upgrade its facilities they would be required to finalize their upgrades prior to the start of the City's roadway improvement project. The Marin Municipal Water District did reconstruct a portion of its system in advance of the City's construction. The City of San Rafael worked with Pacific Gas and Electric Company (PG&E) for several months before the start of the project. At the end of July 2014 PG&E stated its facilities were not in conflict with the proposed construction, and that it had no planned upgrades. Once construction began, however, conflicts with PG&E's main gas line as well as conflicts with its service lines were discovered. The City worked with PG&E at that time to redesign the storm drain system around the existing gas main, which would have taken more than a year to relocate. Conflicts with the service lines still existed which required the City to suspend its construction contract to allow FOR CITY CLERK ONLY File No.: 4-1-654 Council Meeting: Disposition: sd -u ,o yD4S SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 time for PG&E to relocate its facilities. Given the time of the year, construction could not resume immediately once the conflict was resolved. As a consequence, the City's project was delayed a total of 160 working days. Construction resumed in May 2015 and was substantially completed on August 24, 2015. The Department of Public Works has been working closely with PG&E since discovering the delay. PG&E has forwarded an initial $80,000.00 payment to the City. However, staff estimates that the total cost to the City based on PG&E's actions and inactions is $279,727. This amount includes payments to the City's contractor for delays, as well as construction items added to the City's project to accommodate PG&E. Staff and PG&E's claim department are communicating to resolve this matter. On November 30, 2015 staff provided PG&E with a breakdown of the additional costs and supporting documentation. PG&E has requested at least 10 business days to review the documentation and meet with staff to discuss the next steps (See Attachment 4). ANALYSIS: Actual construction costs exceeded funding by $74,205.83. The recommended action this evening includes the appropriation of $74,205.83 from the City's Gas Tax Fund. Staff is working with PG&E to review the additional costs ($199,727) and to recover those costs attributed to PG&E. Once received, those funds will be deposited back into the Gas Tax Fund. Notwithstanding the unresolved issue with PG&E, the City has an obligation to make full payment to the contractor, and to accept the improvements. In addition, it is in the City's best interest to record a Notice of Completion, as this will initiate a 30 -day period during which subcontractors and materials suppliers may file a Stop Notice seeking payment. If no claims are made during the 30 -day period, then the City can release project bonds and retention monies. FISCAL IMPACT: Funding: Expenses: Description Gas Tax Fund approved by the City Council on July 21, 2014 SRSD allocation Monies remitted to date from PG&E *Additional funding requested this evening Total Available Funds Description Engineering and construction management costs Construction costs base contract Construction costs — contract change orders Miscellaneous supplies and administrative costs Total Project Expenses Amount $1,488,542.00 $801,755.17 $80,000.00 $74,205.83 $2,444,503.00 Amount $292,131.00 $1,549,146.00 $ 598,410.00 $4,815.00 $2,444,503.00 T:\CITY COUNCIL AGENDA ITEMS\Agenda Item Approval Process\PW H Street\2015-12-21 Staff Report on NOC-FINAL.doc SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 3 OPTIONS: The City Council has the following options to consider in this matter: 1. Adopt the Resolution and Notice of Completion as presented; 2. Adopt the Resolution and Notice of Completion with modifications; 3. Direct staff to return with more information; or 4. Take no action RECOMMENDED ACTIONS: 1. Adopt a Resolution of the City Council of the City of San Rafael appropriating additional funding in the amount of $74,205.83 for the H Street Roadway Improvement Project, City Project No. 11206. 2. Accept the completion of the H street Roadway Improvement Project, City Project No 11206 and authorize the City Clerk to File the Notice of Completion ATTACHMENTS: a. Resolution Appropriating Additional Funding in the Amount of $74,205.83 from the Gas Tax Fund to the H Street Roadway Improvement Project Fund b. Notice of Completion of the H Street Roadway Improvement Project, City Project No. 11206 c. Letter to Pacific Gas and Electric dated November 18, 2015 T:ICITY COUNCIL AGENDA ITEMS\Agenda Item Approval Process\PW H Street\2015-12-21 Staff Report on NOC-FINAL.doc RESOLUTION NO. 14045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROPRIATING ADDITIONAL FUNDING IN THE AMOUNT OF $74,205.83 FOR THE H STREET ROADWAY IMPROVEMENT PROJECT, CITY PROJECT NO. 11206 WHEREAS on July 21, 2014 the City Council awarded a construction contract to Ghilotti Construction, Inc. for City Project No. 11206, to reconstruct a storm drain system in H Street, and to resurface H Street; and WHEREAS the City's portion of the total project budget established by the City Council was $1,488,542: and WHEREAS for a number of reasons, including project delays caused by Pacific Gas and Electric Company, the City of San Rafael's current cost for this project totals $1,642,747.83; and WHEREAS the City of San Rafael continues to seek payment from Pacific Gas and Electric Company for the $279,727.00 in additional project costs incurred by the City due to the company's actions and inactions, of which $80,000 has been received by the City; and WHEREAS until additional reimbursement from Pacific Gas and Electric Company is received, additional project funding is required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby appropriate additional funding in the amount of $74,205 ($1,642,747- $1,488,542-$80,000) from the Gas Tax Fund to the H Street Roadway Improvement Fund. I, ESTHER C. BEIRNE, 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 21s` day of December, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEM 3ERS: None ABSENT: COUNCILMEMBERS: Colin ESTHER C. BEIRNE, CITY CLERK Record Without Fee, Per GC 27383 and When recorded mail to: City of San Rafael Esther C. Beirne, City Clerk 1400 Fifth Avenue P. O. Box 151560 San Rafael, CA 94915-1560 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF SAN RAFAEL NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the City of San Rafael, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 24th day of August, 2015 and accepted the 21St day of December, 2015; that the name, address and nature of the title of the party giving this notice is as follows: The City of San Rafael, 1400 Fifth Avenue, San Rafael, California, a municipal corporation in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said City and/or over which said City has an easement; that said work or improvement is described as follows: H STREET ROADWAY IMPROVEMENT PROJECT CITY PROJECT #11206 and reference is hereby made for a further description thereof to the plans and specifications approved for said work or improvements now on file in the office of the City Clerk of said City, and said plans and specifications are hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is GHILOTTI CONSTRUCTION, CO. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Rafael, California, on D W�. CITY OF SAN RAFAEL A Municipal Corporation By DEAN ALLISON Director of Public Works A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF MARIN Subscribed and sworn to (or affirmed) before me on this,2.2 etok day of 1) 2014-, by -O-'AN 44acv u , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. WITNESS my hand and official seal. Signature a-- , ESTHER C. BEIRNE San Rafael City Clerk File: 08.02.245 PUBLIC WORKS DEPARTMENT: (415)485-3355 FAX: (415)485-3334 DearAllisar, Director ofPrrblic 11"oAs November 18, 2015 File No: 08.02.245 Mike Coakley, Project & Program Services Pacific Gas and Electric Company, Gas Operations 6121 Bollinger Canyon Road, San Ramon, CA 94583 Re: City of San Rafael — )FI Sheet Roadway ILnprovement Project Dear Mike: Thank you for your efforts related to the PG&E facilities that were in conflict with the planned improvements on the subject project. Our coordinated efforts led to a mutually successful operation to re- design and construct a new storm drain connection around the existing 12 -inch Transmission Line at the Mission Avenue intersection and the installation of the new storm drain pipe down H Street while upgrading PG&E conflicted gas services to the residents on the west side of the street. Based on our letter dated November 5, 2014, PG&E is responsible for delays associated with not relocating their facilities prior to the start of the City's referenced project. The two topics of cost impacts are as follows: Transmission Line Conflict — The existing transmission line on this street was in conflict with the proposed drainage line. Even though the City did provide PG&E with plans and documentation of tile proposed work, a modification to the plan was needed during construction in order to not relocate PG&E's transmission line. The City is seeking reimbursement for the cost of the redesign and construction associated with this modifying the drainage system around the transmission line. Service Line Conflict Delays — The existing service lines along H Street were not relocated by PG&E prior to the start of the City's drainage project even though sufficient notification was provided to PG&E for the relocation. By the time PG&E was ready to relocate their facilities the construction was within the winter season such that the City incurred delay costs from its contractor. Tile City is seeking reimbursement from PG&E for overhead, and contractor overhead and construction management services during the seven month period that the construction was delayed. I l l MORPHEW STREET • PO Box 151560 • SAN RAFAEL, CA 94915-1560 W%V W.CITYOFSANRAFAEL.ORG PG&E Letter November 18, 2015 Page 2 of 2 The referenced project has now been completed and Ave request that PG&E provide reimbursement for the following: Item Description Cost CCO #3 Storm Drain Aligurnent Modification at $127,685 Fifth Avenue — Bypass to Eliminate Transmission Line Relocation CCO #4 Detoursand $46,896.85 i Reobil zat on CCO #12 Contractor Time Related Overhead Cost $60,000.00 and Sanitary Storm Drain Management Construction Management Park Engineering during Suspension $46,060.40 (City Consultant for Resident Engineer and Inspection Services) Design Services CSW Stuber-Stroeh — Design of Bypass of Transmission Line $5,686.58 Total Expenses $286,328.83 In the November 2014, PG&E provided two checks in the amount of $40,000 each to the City acknowledging some of the impact associated with the referenced project. However, based on the above noted expenses an additional $206,328.83 ($286,328.83 $80,000.00) is requested from PG&E. Please provide payment to the City of San Rafael for the noted amount. For your reference we have provided backup documentation for each of the expense items noted above. We are more than willing to meet with you or your representatives regarding this issue. Please feel free to give Steve Patterson a call at 415-458-5347 or 1 can be reached at 415-485-3389. Very truly yours, Yew x`'6�3 Kevin McGowan Assistant Public Works Director / City Engineer Enclosures: Summary of PG&E Related Costs Table Supporting Lump Sum Change Order & Time Related Overhead Calculations Supporting Invoices Paid by the City cc: Dean Allison, Director of Public Works Doris Toy, SRSD Mark Van Gorder, PG&E ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # 21, Date of Meeting: 12/21/2015 From: Dean Allison Department: Public Works Date: 12/9/2015 Topic: COMPLETION OF H STREET ROADWAY IMPROVEMENT PROJECT Subject: 1. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROPRIATING ADDITIONAL FUNDING IN THE AMOUNT OF $74,205.83 FOR THE H STREET ROADWAY IMPROVEMENT PROJECT, CITY PROJECT NO. 11206 2. ACCEPT COMPLETION OF THE H STREET ROADWAY IMPROVEMENT PROJECT, CITY PROJECT NO. 11206, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ® Other: NOC APPROVALS ❑ Finance Director Remarks: Need to discuss funding per Van's email of 12/10/15 ® City Attorney Remarks: LG -approved 12/10/15 with minor change. ® Author, review and accept City Attorney / Finance changes Remarks: KM - Approved 12-11-15 M City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: When recorded mail to: City of San Rafael Esther C. Beirne, City Clerk 1400 Fifth Avenue P. O. Box 151560 San Rafael, CA 94915-1560 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF SAN RAFAEL NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS THEREBY GIVEN for and on behalf of the City of San Rafael, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 24th day of August, 2015 and accepted the 21st day of December, 2015; that the name, address and nature of the title of the party giving this notice is as follows: The City of San Rafael, 1400 Fifth Avenue, San Rafael, California, a municipal corporation in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said City and/or over which said City has an easement; that said work or improvement is described as follows: H STREET ROADWAY IMPROVEMENT PROJECT CITY PROJECT #11206 and reference is hereby made for a further description thereof to the plans and specifications approved for said work or improvements now on file in the office of the City Clerk of said City, and said plans and specifications are hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is GHILOTTI CONSTRUCTION, CO. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Rafael, California, on , 20 CITY OF SAN RAFAEL A Municipal Corporation By DEAN ALLISON Director of Public Works A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF MARIN Subscribed and sworn to (or affirmed) before me on this day of , 20, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. WITNESS my hand and official seal. Signature ESTI IER C. BEIRNE San Rafael City Clerk File: 08.02.245