HomeMy WebLinkAboutPW 101 Connector Project Right-of-Way Acquisition ServiceAgenda Item No: 8
Meeting Date: 4/19/10
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public
Works _
Prepared by: /!'///;
Director of Public Works (NM)
City Manager Approval: Jam')
File No.: 16.01.248&07.02.39
SUBJECT: RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER
INTO AN AGREEMENT WITH THE COUNTY OF MARIN TO PROVIDE RIGHT
OF WAY ACQUISITION SERVICES FOR THE 1-580/NB 101 CONNECTOR
PROJECT INCLUDING BELLAM BLVD./FRANCISCO BLVD. EAST
SIDEWALK WIDENING, IN AN AMOUNT NOT TO EXCEED $36,000.
RECOMMENDATION: Adopt Resolution
BACKGROUND:
During the design of the I-580/NB101 Connector project, the City and Transportation Authority of Marin
(TAM) identified funding opportunity to include sidewalk improvements along Bellam Blvd. between
Kerner and EB580 ramps and on Francisco Blvd. East between Bellam Blvd. and Vivian Way. The
Francisco Boulevard East NTPP project consisted of sidewalk improvements between Bellam Blvd. and
Grand Avenue. The Francisco Boulevard East NTPP project was divided in two phases. Phase one was
between Bellam Blvd. and Vivian Way to be included with 1-580/NB101 Connector project with
accelerated time line to meet Caltrans deadlines, and phase two from Vivian Way to Grand Avenue. The
design concepts for both phases were reported to the City Council at the February17 and October 2009
meetings. TAM was able to secure funding for the phase one improvement to be included in the I-
580/1\113101 Connector bid process. Because of the short time available to design the project and meet
the Caltrans deadline to submit final design of January 2009, it was mutually decided that the project be
designed with available Right of Way and, if necessary, during the construction obtain the necessary
Right of Entry and purchase Right of Way to construct the designed sidewalk improvements. Caltrans
advertised and opened bids September 30, 2009. The project contract was awarded to Ghilotti
Construction for approximately $10,000,000 in December 2009.
City and TAM staff met with Caltrans counterparts and determined that additional Right of Entry and Right
of Way purchase is necessary to construct the project as designed. Five (5) parcels were identified that
have small slivers of private property in the existing sidewalk. In order to construct the planned
improvements, entry to the private property portion is required and consequently purchase of that area is
necessary be included as part of the public Right of Way.
The Right of Way acquisition involving Caltrans projects and property is only possible if a Caltrans
Certified Right of Way Agent is used. The County of Marin Public Works Department is a certified Right
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pau: 2
of Way Agent with Caltrans. Staff met with Marin County Public Works Real Estate office and they
agreed to provide the Right of Way acquisition services for the above project. This cooperation requires
an agreement between the City of San Rafael and the County of Marin. The scope of services have been
identified, and it is estimated the County staff cost reimbursement will be approximately $36,000 to
prepare the necessary reports, agreements, title search, property description, negotiations and
acquisitions.
In addition, we have estimated that the total cost of property purchase and acquisition will be up to
$35,000.
The contractor has submitted a schedule to Caltrans and TAM and is anticipating beginning the sidewalk
improvement construction as early as July 2010. It is essential that the Right of Entry agreement be
secured before July so that the construction can commence without delay and at a later date, the Right of
Way be purchased to complete the transaction. Caltrans has informed TAM and the City that lack of
obtaining Right of Entry may result in deletion of the sidewalk improvement portion of the project.
ANALYSIS:
The opportunity to construct sidewalk improvements along Bellam Boulevard between Kerner Boulevard
and 1-580 ramps, and Francisco Boulevard East between Bellam and Vivian were identified and included
in the Caltrans 1-580/NB101 Connector project. Due to time constraints during design and a lengthy Right
of Way process, it was decided to do the additional necessary Right of Way acquisition during the
construction phase. Caltrans policy requires only Caltrans certified Right of Way agents to do the
process. County of Marin is a Caltrans certified Right of Way agent, and has agreed to cooperate with the
City to secure Right of Entry and Right of Way acquisitions and meet the construction schedule. The
scope of services to secure the Right of Entry and Right of Way acquisition for five identified parcels has
been established. The County of Marin Public Works agreed to provide such services and expects to be
reimbursed for their staff time. Staff recommends the City Council authorization to enter into an
agreement with the County of Marin to start the property acquisition.
FISCAL IMPACT:
TAM has budgeted funds for the 1-580/NB101 Connector project acquisition and services. The City will
pay the County invoices and will get reimbursed by TAM.
OPTIONS:
1) Adopt Resolution authorizing the Public Works Director to enter into an Agreement with the
County of Marin to provide Right of Way acquisition services in an amount not to exceed $36,000.
2) Do not approve the agreement and direct staff to ask TAM to delete the sidewalk improvement
portion from the contract.
ACTION REQUIRED:
Staff recommends adopt Resolution authorizing the Public Works Director to enter into an Agreement
with the County of Marin to provide Right of Way acquisition services, in a form agreed by the City
Attorney, in an amount not to exceed $36,000.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
ENTER INTO AN AGREEMENT WITH THE COUNTY OF MARIN TO
PROVIDE RIGHT OF WAY ACQUISITION SERVICES FOR THE I-
580/NB 101 CONNECTOR PROJECT INCLUDING BELLAM
BLVD./FRANCISCO BLVD. EAST SIDEWALK IMPROVEMENTS, IN
AN AMOUNT NOT TO EXCEED $36,000.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, I-580/NB101 Connector project was designed to improve
congestion and safety in East San Rafael; and
WHEREAS, additional funds were identified to include sidewalk
improvements along Bellam Blvd. between Kerner and EB I-580 ramps and Francisco
Blvd. East between Bellam Blvd. and Vivian Way; and
WHEREAS, the City and the Transportation Authority of Marin (TAM)
cooperated to include the Francisco Blvd. East improvements identified in the Non -
Motorized Transportation Pilot Program project and additional design requirements on
Bellam into the I-580/NB 101 Connector project; and
WHEREAS, these improvements require elimination of the northbound
right turn only lanes at Tiburon Street, Louise Street and Vivian Way; and
WHEREAS, additional Right of Entry and Right of Way acquisition is
required to enhance the project construction and final product; and
WHEREAS, Caltrans requires a certified Right of Way Agent to perform
Right of Way acquisition for Caltrans projects, and the County of Marin is a certified
Agent with Caltrans;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of San Rafael does hereby authorize the Public Works Director to enter into and
agreement with the County of Marin to provide Right of Way acquisition services for the
I-580/NB101 Connector project including Bellam Blvd., Francisco Blvd. East sidewalk
widening in a form agreed by the City Attorney and in an amount not to exceed $36,000.
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 Council of
said City on the 19th day of April, 2010, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
File No.: 16.01.248&07.02.39