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