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Home My WebLink AboutPW Southern Heights Bridge Replacement____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-3-827A Council Meeting: 07/15/2019 Disposition: Resolution 14700 Agenda Item No: 4.m Meeting Date: July 15, 2019 TOPIC: SOUTHERN HEIGHTS BRIDGE REPLACEMENT PROJECT SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FOR THE SOUTHERN HEIGHTS BRIDGE REPLACEMENT PROJECT WITH THE PROPERTY OWNER OF 75 PLEAS ANT LANE IN AN ADDITIONAL AMOUNT OF $3,000, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $23,500. RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute an amendment to the Temporary Construction Easement (TCE) agreement with the property owner of 75 Pleasant Lane in an additional amount of $3,000, for a total not-to-exceed amount of $23,500. BACKGROUND: Over the past several years, the City has worked with Caltrans, consultants, and the public to replace the Southern Heights bridge located adjacent to 116 Southern Heights Boulevard. On April 15, 2019, the City Council approved the execution of seven TCE agreements with property owners located on Southern Heights Boulevard, Meyer Road, and Pleasant Lane such that the City’s contractor will have legal access to private property for construction of the new bridge. ANALYSIS: Obtaining a clear right of way to allow the prime contractor to construct the new bridge will be a major milestone for this project and includes coordination with property owners and utility companies. Beginning in September 2018, staff and the design team met with and offered to the property owner of 75 Pleasant Lane the City’s initial offer to rent a portion of private property. Upon completion of negotiations, the property owner signed the TCE agreement on October 15, 2018. While the design team negotiated with the property owner for the TCE, City staff concurrently coordinated with PG&E regarding a conflict between an existing wood utility pole and the new bridge. If the pole is not relocated, it will be in conflict with the new bridge. After months of discussion, PG&E determined that their final approach to resolve the conflict is to temporarily relocate the wood pole outside of the construction zone, which places the wood utility pole in the backyard of 75 Pleasant Lane. The previously obtained a TCE did not contemplate this temporary placement. SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: ___ _____ SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The attached resolution (Attachment 1) would authorize the City Manager to execute an amendment to the Temporary Construction Easement agreement with the private property owner incorporating language to allow PG&E to place the wood utility pole on private property while construction of the bridge takes place. Following completion of the City’s bridge project, PG&E will install a new wood utility pole within the public right of way and remove the temporary pole from private property. FISCAL IMPACT: All eligible expenses directly related to the bridge replacement are reimbursed by Caltrans, including the proposed $3,000 increase to the TCE agreement amount to accommodate the PG&E land rights. OPTIONS: 1. Adopt the resolution as presented. 2. The City Council may decline to approve the resolution resulting in a project that cannot be constructed as designed since the existing wood utility pole is located within the limits of the new bridge deck. If the City does not advance the project into construction, we will be required to pay back the State of California for all funds utilized to date for design and environmental clearance. 3. The City Council may defer action and request staff to provide further information or modifications at a future Council meeting. RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute an amendment to the TCE agreement with the property owner of 75 Pleasant Lane in an additional amount of $3,000, for a total not-to-exceed amount of $23,500. ATTACHMENTS: 1. Resolution approving the Temporary Construction Easement 2. Exhibit 1 to Resolution: Signed Temporary Construction Easement RESOLUTION NO. 14700 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH THE PROPERTY OWNER OF 75 PLEASANT LANE IN AN ADDITIONAL AMOUNT OF $3,000, FOR A TOTAL NOT TO EXCEED AMOUNT OF $23,500 _____________________________________________________________________ WHEREAS, the Southern Heights Bridge is currently a one-lane timber bridge located on a narrow two-lane roadway in San Rafael, situated among the trees in a scenic way that adds valued character to the Southern Heights neighborhood; and WHEREAS, the Southern Heights Bridge is structurally deficient, obsolete and has been noted by the California Department of Transportation as needing replacement; and WHEREAS, the City has retained Mark Thomas and Company to design the new bridge; and WHEREAS, to construct the proposed bridge as currently designed, it is necessary to amend the existing temporary construction easement by which the City’s contractor may utilize private property for constructability purposes and by which PG&E may install a temporary wood utility pole; and WHEREAS, the replacement of the Southern Heights bridge, including the costs associated with the procurement of temporary construction easements, is fully funded by Caltrans’ Highway Bridge Program. 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 an amendment to the temporary construction easement agreement with the property owner of 75 Pleasant Lane in an additional amount of $3,000, for a total not-to-exceed amount of $23,500, in the form attached hereto as Exhibit 1 and incorporated herein by reference, 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 the 15th day of July 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ____ LINDSAY LARA, City Clerk PARCEL NO.: 012-282-37 PROJECT: Southern Heights Boulevard Bridge Replacement OWNER: AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Amendment to Temporary Construction Easement Agreement is made and entered this, -)-4 day, 2019, by and between as Trustee of the dated November 21,1997 as amended and restated on May 13, 2013 (hereinafter called "Grantor"), and the City of San Rafael, a California municipal corporation (hereinafter called "City"), Whereas, on April 23, 2019, Grantor and City entered into a "Temporary Construction Easement Agreement" (the "Agreement") by which Grantor granted to City temporary construction easement rights for the purposes of facilitating the Southern Heights Bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across portions of Grantor's real property located in the County of Marin, State of California, bearing Assessor's Parcel Number 012-282-37, and more particularly described and depicted in Exhibits "A" and "B" attached to the Agreement (the Temporary Construction Easement Area"); and Whereas, City and Grantor now wish to amend the Agreement to grant City additional temporary construction easement rights that City requires in connection with the Southern Heights Bridge reconstruction project; Now Therefore, the parties agree to amend the Agreement as follows: 1. In addition to all the temporary construction easement rights granted to City by the Agreement, Grantor grants to the City and its agents (including Pacific Gas & Electric Company) a temporary construction easement right in the Temporary Construction Easement Area to install a Pacific Gas and Electric Company temporary wood pole and line with such wires and cables suspended therefrom as required for the transmission and distribution of electric energy, and for communication purposes for cable television or phone lines, and all necessary and proper crossarms, guys, anchors, and other appliances and fixtures for use in connection with said poles, wires and cables. Grantor is compelled to temporarily grant these rights, and the City is compelled to temporarily use these property rights. 2. In addition to the compensation payable by City to Grantor under section 4 of the Agreement, City shall pay Grantor the additional sum of $3,000 as consideration in full for the purposes of allowing City and its agents the rights to install the temporary facilities described in Section 1 of this Amendment. 3. Except as specifically amended herein, the Temporary Construction Easement Agreement between City and Grantor dated April 23, 2019 shall remain unchanged and in full effect. APN: 012-282-37 City of San Rafael/ Trust/EIJA Agreement -- Td 6/19/2019 Page I of 2 Amendmrj /A In Witness Whereof, City and Grantor have executed this Amendment to Temporary Construction Casement Agreement on the day and year first above written. GRANTOR: AS AMENDED AND RESTATED ON MAY 13.2013 lzllorzl� GRANTOR'S MAILING ADDRESS: CITY OF SAN RAFAEL Date: l By: h- Date: 7 h( ' If 'm S utz CI N Hager ATTEST: By: %3 NvwL for LL Lindsay Lara City Clerk APPROVED AS TO FORM: Date: D C By: 02FE Date: Z-3 2,01,9 Robert F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 1 I I Morphew Street San Rafael, CA 94901 APN: 012-282-37 City of San Rafael/ "Inist/HJA Agreement — TC 6/19/2019 Page 2 of 2 Amendment