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Home My WebLink AboutPW NTPP Puerto Suello; NOC RecordedAgenda Item No: 33. Meeting Date: November 16, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Director of Public Works (JS) City Manager Approval: U) File No.: 16.01.241.05 TOPIC: COMPLETION OF THE NON -MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP) PUERTO SUELLO HILL PATH TO TRANSIT CENTER CONNECTOR PROJECT SUBJECT: ACCEPT COMPLETION OF THE NON -MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP) PUERTO SUELLO HILL PATH TO TRANSIT CENTER CONNECTOR PROJECT, CITY PROJECT NO. 11115, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION RECOMMENDATION: Staff recommends that the City Council accept completion of the project and authorize the City Clerk to file the Notice of Completion. BACKGROUND: The Non -Motorized Transportation Pilot Program (NTPP), funded through federal transportation legislation in 2005 (SAFETEA-LU), allocated $25 million to four communities nationwide, including Marin County. The pilot program was initiated locally in the summer of 2006 by the Marin County Department of Public Works. The Puerto Suello Hill Path to Transit Center Connector Project was one of 50 NTPP projects in Marin County. On April 21, 2008, the City Council adopted Resolution number 12477 authorizing the Director of Public Works to enter into an agreement with Alta Planning and Design, Inc. to design the Puerto Suello Hill Path to Transit Center Connector Project. Improvement alternatives were developed and presented to stakeholders, including the San Rafael Bicycle and Pedestrian Advisory Committee (BPAC), the San Rafael Americans with Disabilities Act (ADA) Access Advisory Committee, and the Marin County Bicycle Coalition (MCBC). On February 17, 2009, the City Council adopted Resolution number 12658 approving City staff and consultants' preferred design of a 10' wide multi -use path on Hetherton Street between Mission Avenue and Fourth Street and directed staff to proceed with the preparation of construction plans and specifications. As part of the environmental clearance phase of design, the City coordinated with the Caltrans Office of Local Assistance regarding the high sensitivity for prehistoric and historical archaeological resources. Caltrans directed the City to conduct extensive subsurface exploration to identify and catalog cultural FOR CITY CLERK ONLY File No.: 4-1-651 Council Meeting: 11/16/2015 Disposition: Accepted Completion SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 resources which might be located within the project limits. To this end, on May 16, 2011, the City Council adopted Resolution number 13152 authorizing the Director of Public Works to enter into an agreement with LSA Associates to complete cultural resource subsurface exploration. The City subsequently received favorable environmental clearance on March 16, 2012 from Caltrans. The entire length of Hetherton Street is located within State right-of-way. Although San Rafael has a maintenance agreement for this street, Caltrans required the City to obtain an encroachment permit as this project included installation of new permanent street improvements. Between June 2012 and March 2014, the City coordinated multiple rounds of comments and revisions with the Caltrans Office of Permits and the required Caltrans encroachment permit was issued on March 24, 2014. The City obtained right-of-way clearance on April 7, 2014 through the Caltrans Office of Local Assistance. On July 11, 2014, the City received Caltrans authorization to bid and construct the project. The project was advertised in accordance with San Rafael's Municipal Code on July 17, 2015, and sealed bids were publicly opened and read aloud on August 7, 2014, at 2:00 PM. On August 18, 2014, the City Council adopted a resolution authorizing the Public Works Director to enter into an agreement with the low bidder, Ghilotti Brothers Inc. Construction commenced on October 9, 2014 to remove trees along Hetherton Street prior to the rainy season and nesting season for birds. A temporary suspension of work was issued on October 16, 2014 and construction recommenced on March 9, 2015. The project was completed on August 7, 2015. The following table summarizes the project milestones and working days: Working Non -Working Item Date Days Days Date of Contract August 18, 2014 - - Date of Notice to Proceed October 6, 2014 - - Construction Work Commencement October 9, 2014 - - Date of Temporary Suspension of Work October 16, 2014 - - Construction Work Recommenced March 9, 2015 - - All Work Complete (Including Punch List Items) August 7, 2015 - - Working Days Allowed by Contract 90 - Other Working Days Allowed 21 - Non -Working Days Due to Weather - 3 Non -Working Days Other Than Weather - 96 Actual Working Days Allowed 111 - All work was completed within the number of working days allowed. Staff recommends acceptance of the project and recordation of the Notice of Completion. ANALYSIS: Pursuant to Civil Code Section 3093 the City is required to record a Notice of Completion upon acceptance of the improvements. This acceptance initiates a time period during which project subcontractors may file Stop Notices seeking payment from the City from the funds owed to the Contractor for the project work. COMMUNITY OUTREACH: in 2008, three stakeholder meetings were held to review preliminary design concepts. The stakeholders included various departments in the City of San Rafael, County of Marin, Chamber of Commerce, and various agencies in San Rafael. On October 1, 2008, the City held a public outreach meeting at City Hall to present the project design. On September 22, 2014, prior to commencement of construction, letters were sent to the property owners and residents adjacent to Hetherton Street notifying them of the upcoming construction, providing a link SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 to the project website listing a detailed construction schedule, and providing a phone number to call with questions. A grand opening and ribbon cutting ceremony was held on August 17, 2015. The ceremony concluded with the Mayor cutting the ribbon, officially opening the new multi -use path. All project stakeholders, business owners, and members of the public were invited to attend. FISCAL IMPACT: The total project cost of $1,662,643.63, including advertisement and construction, is shown below. Funding Source: Project Funding Sources - Design Allocation Non -motorized Transportation Pilot Program Funds $250,000.00 Gas Tax Funds $25,441.46 Project Funding Sources — Design Sub Total $275,441.46 Project Funding Sources - Construction Allocation Non -motorized Transportation Pilot Program Funds $350,000.00 Non -motorized Transportation Pilot Program Funds — Supplemental Allocation $405,000.00 Safe Routes to Transit $600,000.00 Gas Tax Funds $32,202.17 Project Funding Sources — Construction Sub Total $1,387,202.17 Total Available Funds $1,662,643.63 Expenses: Design Costs Amount Preliminary Engineering $273,170.10 Plan Production /Reproduction $2,271.46 Design subtotal $275,441.46 Construction Casts Amount Document reproduction $2,649.96 City Furnished Equipment $65,936.19 Utility Installations $25,021.58 Construction Inspection and Material Testing $105,369.61 Actual Construction Contract Amount Based on Measured Quantities* $1,104,600.38 Ribbon Cutting Ceremony $2,085.54 Contract Change Orders* $103,116.91 Construction Subtotal* $1,408,780.17 Anticipated Reimbursements � �� Amount Utility Reimbursements -$21,578.00 Reimbursement subtotal -$21,578.00 Total Project Expense 1,662,643.63 *includes the 5% retention to be paid 35 days after Notice of Completion is filed. The City's NTPP Puerto Suello Hill Path to Transit Connector project draws NTPP, Safe Route to Transit Funds, and Gas Tax funds. Originally, an additional $497,000 was to be allocated to this project for supplemental construction costs through the Non -Motorized Transportation Pilot Program. However, The County of Marin, which administers this program, adjusted the amount to $405,000 once the construction contract amount was known. Construction of this project was extremely difficult due to the age and location of existing underground facilities and the project's proximity to some of the City's most travelled roadways, which required SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 continuous monitoring of pedestrian and vehicular traffic control devices. The project was located within Caltrans right of way and required coordination with Caltrans inspectors. During construction numerous issues arose involving utility conflicts with PG&E gas and high voltage electrical lines, MMWD water mains and SRSD sewer mains. Additional unknown utility issues were discovered from the adjacent buildings that were constructed in the early 1900's. A significant amount of construction oversight was necessary to keep the construction under budget and on time. Therefore, even though the construction was completed within the City Council originally approved project allocation of $1,625,000, additional funding is required to cover the extra construction management and inspection. There are sufficient Gas Tax funds to cover this difference. Supplemental construction management by Public Works staff was required to review and manage the project at an estimated cost of $80,000, which is not shown in the tables above. ACTION REQUIRED: Staff recommends that the City Council accept completion of the project and authorize the City Clerk to file the Notice of Completion. Enclosures: Notice of Completion 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 II illlllllllll Illllllllllllillllllllll I I I 2015-0054608 Recorded I REC FEE 0.00 Official Records I County of I CONFORMED COPY 0.00 Harin I RICHARD 11. BENSON I Assessor -Recorder I County Clerk I I 10:12AH 19 -Nov -2015 I Page 1 of 2 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 7th day of August, 2015 and accepted the 2"`t day of November, 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: NON -MOTORIZED TRANSPORTATION PILOT PROGRAM PUERTO SUELLO HILL PATH TO TRANSIT CENTER CONNECTOR PROJECT CITY PROJECT #11115 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 BROTHERS INC. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Rafael, California, on U)VOV PXX 18 , 20 1S - CITY OF SAN RAFAEL A Municipal Co oration By Dean Allison Director of Public Works (4-I_I„<-1 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 % %N day of 201 -'("by -DOAK 4L -41j v , 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 llx� — ESTHER C. BEIRNE San Rafael City Clerk File: 16.01.241.05 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 #3.5 Date of Meeting: 11/16/2015 From: Dean Allison Department: Public Works Date: 11/5/2015 Topic: COMPLETION OF THE NON -MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP) PUERTO SUELLO HILL PATH TO TRANSIT CENTER CONNECTOR PROJECT Subject: ACCEPT COMPLETION OF THE NON -MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP) PUERTO SUELLO HILL PATH TO TRANSIT CENTER CONNECTOR PROJECT, CITY PROJECT NO. 11115, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION Type: ❑ Resolution ❑ Ordinance ❑ Professional Services Agreement ® Other: Notice of Complete APPROVALS ® Finance Director Remarks: Van -forward comments to Richard regarding breakdown of funding sources and expenses. ® City Attorney Remarks: LG -approved 11/5/15 with minor changes ® Author, review and accept City Attorney / Finance changes Remarks: 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 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 7`h day of August, 2015 and accepted the 2"d day of November, 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: NON -MOTORIZED TRANSPORTATION PILOT PROGRAM PUERTO SUELLO HILL PATH TO TRANSIT CENTER CONNECTOR PROJECT CITY PROJECT #11115 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 BROTHERS INC. 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 2C_, 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 ESTHER C. BEIRNE San Rafael City Clerk File: 16.01.241.05