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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