HomeMy WebLinkAboutPW Southern Heights Bridge Replacement____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: June 15, 2020
Disposition: Resolution 14826
Agenda Item No: 4.M
Meeting Date: June 15, 2020
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: __________
TOPIC: SOUTHERN HEIGHTS BRIDGE REPLACEMENT
SUBJECT: A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH MARK
THOMAS AND COMPANY, INC. FOR CONSTRUCTION SUPPORT AND
ADDITIONAL RIGHT OF WAY SERVICES, IN AN ADDITIONAL CONTRACT
AMOUNT NOT TO EXCEED $180,198
RECOMMENDATION: Adopt a resolution approving and authorizing the City Manager to
execute a third amendment to the professional services agreement with Mark Thomas and
Company, Inc. (Mark Thomas) for construction support and additional right of way services in an
amount not to exceed $180,198, increasing the total not-to-exceed amount under the
agreement to $898,042.
BACKGROUND: The California Department of Transportation (Caltrans) routinely inspects
bridges across the state to ensure the public’s safety. Through this process, the Southern
Heights Bridge was identified as needing to be reconstructed to meet current design, structural,
and safety standards. In June 2016, the City retained Mark Thomas to begin preliminary design
and public outreach. Since that time, the City has diligently worked to perform bridge design,
obtain environmental clearance, and most recently, obtain a right of way certification in January
2020 approving the City’s coordination efforts with utility companies and private property
owners. With the right of way certification milestone complete, the City submitted its request to
Caltrans to advertise the construction drawings for bid in summer 2020.
ANALYSIS: As the Southern Heights Bridge Replacement Project is progressing toward
construction, staff recommends the City Council approve the proposed contract amendment
covering the following two tasks:
Construction Support
Mark Thomas previously performed design services for the project and staff proposes to retain
Mark Thomas to provide construction support. Having the design consultant available through
construction will expedite the completion of the project, and allow the designer to review
material submittals, make minor adjustments to the construction documents, attend meetings,
and respond to detailed questions asked by the general contractor. This effort will be performed
on an as-needed basis at the request of the City and is not to be confused with a yet-to-be
procured contract for construction management services, the latter of which includes day-to-day
project management on behalf of City staff.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Right of Way Services
In April 2019, the City Council authorized the City Manager to execute seven temporary
construction easements (TCEs) with property owners whose property adjoins Southern Heights
Boulevard near the bridge. A TCE allows the City’s contractor legal access to private property to
facilitate construction of the new bridge. Each TCE included a sunset date based upon the
estimated construction timeline at the time the City made its initial offer to property owners in the
fall of 2018. Five of the seven TCEs expire on January 1, 2021 while the remaining two expire
on June 30, 2021.
As a result of project delay attributed to utility coordination with PG&E, AT&T, and Comcast,
construction is not scheduled to begin until late summer 2020 and will last approximately 10
months. Consequently, the TCEs will expire prior to project completion. The City’s design team,
which includes real estate professionals, is therefore required to renegotiate rental fees with
property owners and extend the life of the easements through project completion.
FISCAL IMPACT: The proposed amendment to the professional services agreement will
increase the agreement by $180,198. To date, of the $898,042 expended for this contract,
Caltrans has reimbursed approximately $716,000 to the City of San Rafael and the City expects
Caltrans to reimburse this additional work as part of the Highway Bridge Program grant.
OPTIONS: The City Council has the following options to consider relating to this matter:
1. Adopt the resolution as presented.
2. Do not adopt a resolution and provide further direction to staff. If the City does not
approve the amendment and renegotiate TCEs, the construction contractor will not be
permitted to use private property for working room and may not be able to build the new
bridge.
RECOMMENDED ACTION:
Adopt the resolution.
ATTACHMENT:
1. Resolution
2. Exhibit 1 to Resolution: Third Amendment to Professional Services Agreement with
attached Exhibit A: Scope of Work
RESOLUTION NO. 14826
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD
AMENDMENT TO THE AGREEMENT WITH MARK THOMAS AND COMPANY,
INC. FOR CONSTRUCTION SUPPORT AND ADDITIONAL RIGHT OF WAY
SERVICES, IN AN ADDITIONAL CONTRACT AMOUNT NOT TO EXCEED $180,198
______________________________________________________________________________
WHEREAS, the City Council adopted Resolution number 14129 on June 6,
2016, authorizing the City Manager to enter into a Professional Services Agreement with Mark
Thomas and Company, Inc. in an amount not to exceed $241,568 for preliminary engineering
and public outreach for the Southern Heights Bridge Replacement Project; and
WHEREAS, the City Council adopted Resolution number 14439 on December
18, 2017, authorizing the City Manager to amend the Professional Services Agreement with
Mark Thomas and Company, Inc. in an amount not to exceed $343,499 for final design and
right of way services; and
WHEREAS, the City Council adopted Resolution number 14634 on February
8, 2019, authorizing the City Manager to amend the Professional Services Agreement with
Mark Thomas and Company, Inc. in an amount not to exceed $132,777 for additional final
design and right of way services; and
WHEREAS, the City requires construction support and additional right of way
services to deliver the construction phase of the project; and
WHEREAS, staff received a proposal from Mark Thomas and Company, Inc.
for said services in a total amount not to exceed $180,198 (Exhibit “A” to the Third
Amendment); and
WHEREAS, staff has reviewed the proposal and found it to be complete and
within industry standards; and
WHEREAS, the costs for the services associated with this amendment will be
fully funded by the State of California’s Highway Bridge Program with no local match; and
WHEREAS, there is no authorized appropriation for this grant-funded project;
$180,198 will be appropriated in Capital Project Fund 401 pending reimbursement.
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 a
Third Amendment to the Professional Services Agreement with Mark
Thomas and Company, Inc. for construction support and additional right of
way services in the amount of $180,198 and a revised total contract value not
to exceed $898,042, 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 June, 2020, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gamblin
LINDSAY LARA, City Clerk
THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
MARK THOMAS AND COMPANY, INC. FOR PROFESSIONAL SERVICES FOR THE
SOUTHERN HEIGHTS BRIDGE REPLACEMENT PROJECT
THIS THIRD AMENDMENT to the Professional Services Agreement by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and MARK THOMAS AND
COMPANY, INC., (hereinafter "CONSULTANT"), is made and entered into as of the 1 $
day of 3Qtie, , 2020.
RECITALS
WHEREAS, pursuant to City Council Resolution No. 14129, the CITY and
CONSULTANT entered into a Professional Services Agreement dated June 7, 2016 to perform
preliminary engineering and public outreach in connection with CITY'S project to reconstruct
the Southern Heights Bridge, for an amount not to exceed $241,568 (the "Agreement"); and
WHEREAS, pursuant to City Council Resolution No. 14439, the CITY and
CONSULTANT entered into a First Amendment to the Professional Services Agreement dated
December 26, 2017 to perform final design and right of way services for an amount not to exceed
$343,499 and increasing the total not to exceed amount under the Agreement to $585,067; and
WHEREAS, pursuant to City Council Resolution No. 14634, the CITY and
CONSULTANT entered into a Second Amendment to the Professional Services Agreement
dated February 8, 2019 to perform additional final design and right of way services for an amount
not to exceed $132,777 and increasing the total not to exceed amount under the Agreement to
$717,844; and
WHEREAS, CITY requires construction support and additional right of way services
from the CONSULTANT to facilitate construction of the new bridge, and the CONSULTANT
is willing to provide such services;
AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:
1. Article 11 of the Agreement, entitled "STATEMENT OF WORK" is hereby
amended to include the additional services set forth in CONSULTANT's
proposal entitled "Phase 5 — Extended Right of Way Services and Construction
Support" dated March 17, 2020, attached to this Third Amendment as Exhibit "A"
and incorporated herein by reference.
2. Article V of the Agreement, entitled "ALLOWABLE COSTS AND
PAYMENTS" is hereby amended to include additional compensation payable to
CONSULTANT for the services described in Exhibit "A" to this Third
Amendment, on a time and materials basis in accordance with the "Cost Proposal
for Project Scope" included in Exhibit "A", in a not -to -exceed amount of
$180,198 for Phase 5, and to change the total not -to -exceed amount under the
Agreement to $898,042.
3. Except as specifically amended herein, all of the other provisions, terms and
obligations of the Agreement between the parties shall remain valid and shall be
in full force.
IN WITNESS WHEREOF, the parties have executed this Third Amendment on the day,
month, and year first above written.
CITY OF SAN RAFAEL
E�
JI SC UTZ, Cit a ager
ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
Lk a
ROBERT F. EPSTEIN, City -Attorney
2
CONSULTANT
By:
Name: Zach Siviglia
Title: Vice President
[If Contractor is a corporation, add signature
of second corporate officer]
By: R /7fi.
6--;,--,
Name: R. Matt Brogan
Title: Secretary
LI MARK
THOMAS
Scope of work - Southern Heights Bridge Replacement
City of San Rafael
March 17, 2020
PHASE 5 - EXTENDED RIGHT OF WAY SERVICES
AND CONSTRUCTION SUPPORT
Prior phases for the project included project initiation, surveying and base mapping, geotechnical investigation, public
outreach, preliminary engineering, environmental technical studies, environmental clearance, right of way and utility
coordination services and final design.
The scope of this amendment request includes:
• Updating the TCEs for 5 properties
• Continued utility coordination
• Modification of the southern retaining wall from a cantilever retaining wall to a soldier pile wall to accommodate
construction access requests made by the property owner at 116 Southern Heights during TCE negotiations
• Construction support services
The detailed scope of work for the proposed additional tasks is provided below. A cost proposal for the proposed scope
of work is provided as an attachment.
TASK 1.0 RIGHT OF WAY
1.1 TCE Updates
Utility relocation has delayed the project, causing previously acquired TCEs to expire before the anticipated completion
of project in June 2021. Hamner, Jewell & Associates (HJA) will update the TCEs for the following properties
Owner Name
APN
Address
TCE Area
Cooper Trust
012-282-36
65 Pleasant Lane
3,637 SF
Feidler
013-124-07
122 Southern Heights Blvd
102 and 520 SF
Lederman
012-282-40
90 Pleasant Lane
366 SF
Lubka
012-282-37
75 Pleasant Lane
9,164 SF
Turner Trust 013-124-06 126 Southern Heights Blvd 588 SF TCE and 368 FS Temporary Access Easement
The Shemano Family Trust parcel APN 013-132-01 and Daglow parcel APN 012-282-17 have not been scoped as part of
these services because the expiration of their TCEs will occur on June 30, 2021 at the same time in which construction
completion is anticipated.
LA MARK
THOMAS
Scope of work - Southern Heights Bridge Replacement
City of San Rafael
March 17, 2020
HJA will update the value of the proposed TCE and access rights by completing waiver valuations and updating the
comparable sales in the area. Utilizing their in-house valuation service will reduce total costs and time for appraisal
services. However, if HJA is not able to reach amicable settlement with these owner(s), the valuation process would need
to start from the beginning as an agency cannot condemn on a waiver valuation. If an agreement cannot be reached using
the waiver valuation process it would require formal appraisals, review appraisals, preparation of another offer package
and a subsequent offer made to the owner(s). This would require additional budget and time beyond what is included in
this scope.
Once the valuation process is complete, and the values are reviewed and pre -approved by the City, HJA will prepare offer
packages for each owner that will include an offer letter, Valuation Summary Statement, proposed Temporary
Construction Easement Agreement, a right of way acquisition informational brochure and Title VI information. These
documents will be presented to the City for its review and pre -approval prior to presenting offers to property owners.
After offer presentation, HJA will pursue agreements with each owner to obtain the additional TCEs. It is always HJA's
goal to reach mutually acceptable amicable agreements on the City's behalf. However, if for any reason HJA does not gain
property owner cooperation, HJA will consult with the project team and City Attorney if appropriate to identify other
courses of action.
1.2 Utility Coordination
Mark Thomas will continue to provide utility coordination for the project to address the relocation of utility poles and
overhead electric and communication lines, and natural gas and water lines on the bridge. Due to the federal funding
associated with the project, utility coordination services will be conducted in general, conformance with Caltrans Local
Assistance and Utility Relocation Manuals. The Mark Thomas team will continue following the Utility A -B -C process. Utility
A letter were included as part of Phase 1 scope of work. Utility notification letters and utility agreements were included
as part of Phase 2 scope of work. However, due to utility company staff changes and non -responsiveness, along with
relocation liability disputes, the utility agreement process has stretched out for more than two years.
Mark Thomas will continue coordinating with MMWD, PG&E electrical, PG&E gas, AT&T and Comcast on the relocation
of their facilities in conflict with the project. This coordination will include email correspondence, phone calls, conference
calls, plan revisions and on-site meetings to discuss the relocation plans and achieve signed utility documents for inclusion
in the ROW certification.
13 TCE Negotiated Design Revisions
Mark Thomas will redesign the southwest abutment wingwall from a cast -in-place cantilever retaining wail to a soldier
pile wall. The design change is needed to minimize access interruption to the Shemano property as negotiated during
the TCE acquisition process.
1.4 Updated Right of Way Certification
Mark Thomas will prepare a revised Exhibit 13-B Right of Way Certification and send to Caltrans for approval. The revised
Exhibit 13-B is expected to include revised TCE Agreements and documentation on receipt of payments for the new TCE's.
Additional coordination and updates for utility relocations are not included in this scope of work.
Task 1 Deliverables:
0 Updated Offer Packages (Up to S)
►/ MARK
o E! THOMAS
• Signed Utility Documents
• Revised South Abutment Wall Plans
• Updated Exhibit 13-B Right of Way Certification
TASK. 2.0 BIDDING AND CONSTRUCTION SUPPORT SERVICES
Scope of Work - Southern Heights Bridge Replacement
City of San Rafael
March 17, 2020
2.1 Bidding and Construction Support
Mark Thomas will assist the City during the bidding process and during construction of the project. The work may include
answering bid inquiries from prospective bidders, attending pre-bid meetings, and preparing addenda to the PS&E
documents during the advertisement period. During construction, the work may include responding to Requests for
Information (RFIs), providing consultation and interpretation of the contract documents, preparing Contract Change
Orders (CCOs), reviewing shop drawings, and attending construction meetings and field visits. It is assumed that the City
will contract with a consulting firm to complete the construction management of the project during construction and that
Mark Thomas' role during construction will be limited to those items noted above. Mark Thomas has provided a "budget"
amount to be used on a time and materials basis as requested by the City. Any time spent beyond this budget will require
a contract amendment.
2 2 Record Drawings
Mark Thomas will prepare record drawings based on the red -lined as -built drawings submitted by the construction
manager after completion of construction.
Task 2 Deliverables:
• Record Drawings
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