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PW SMART Larkspur Extension Project Amendment 2AMENDMENT NO. 2 TO MOU SMART AND CITY OF SAN RAFAEL THIS AMENDMENT NO. 2 to the MOU dated March 14, 2017, is entered into as of thisdate of 06-665MO61Z, , 20 ►S, by and between the Sonoma -Marin Area Rail Transit District, a public entity duly established under the laws of California ("SMART") and the City of San Rafael, a California charter city ("City"), (collectively referred to as the ("Parties"). RECITALS 1. On March 14, 2017, the Parties entered into a Memorandum of Understanding Regarding Cooperation on Construction of the SMART Larkspur Extension Project (the "March 14, 2017 MOU") 2. Pursuant to the March 14, 2017 MOU, the Parties included the City's Andersen Drive Crossing Project and the Francisco Boulevard West Realignment Project as part of the SMART Larkspur Extension Project. The Parties agreed that SMART's contractor shall perform the work to maximize efficiencies. 3. On July 15, 2018, the Parties agreed to amend the March 14, 2017 MOU (Amendment No. 1) to include the City's Andersen Drive to Rice Drive Multi -use Pathway Project as part of the Larkspur Extension Project. 4. The City has requested that SMART also include the City's Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Project as part of the Larkspur Extension Project. 5. SMART has obtained a proposal from its contractor, which has been reviewed and approved by the City, and has agreed to include the Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Project into the Larkspur Extension Project through a Change Order; AGREEMENT NOW, THEREFORE, for good and valuable consideration the receipt and adequacy of which are hereby acknowledged, SMART and the City agree as follows SECTION 1. The March 14, 2017 MOU, as amended by Amendment No. 1, is hereby amended to add new Article VI, to read as follows: q -I-LPq-7A ARTICLE VI 1. Recitals A. The above recitals are true and correct and are hereby incorporated in and expressly form a part of this Agreement. 2. Scope of Work The Parties desire to make the following improvements as part of the SMART Larkspur Extension Project: Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Proiect. The work includes the installation of traffic signals and railroad pre-emption in connection with SMART's rail system at the at -grade crossings on Second and Third Streets in San Rafael. The elements that make up the traffic signal project include, but are not limited to, traffic signal poles and foundations, conduit, conductors, electronic blank out signs, CCTV cameras, vehicle detector loops, and other supporting items. Specifics of the project are detailed in the construction documents in Exhibit A to this Amendment No. 2. 3. City's Responsibilities City shall be responsible for the following with respect to the Second and Third Street At -Grade Railroad Crossing Improvements Project: A. Payment: City shall be responsible for paying all costs associated with constructing the Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Project. City shall also be responsible for paying all potential, but presently unknown costs such as those associated with the removal of hazardous materials or differing site conditions or delays which may arise as part of constructing that Project. The parties agree that the presently known costs for the Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Project will cost Three -Hundred Twenty -Four Thousand Eight Hundred Seventy -Six Dollars ($324,876) plus up to an additional 17% contingency. The costs are shown in Exhibit B to this Amendment No. 2. SMART shall bill City for progress payments during the course of construction, and City pay such invoices in full within 30 days of receipt. B. CPUC: City shall be responsible for securing approval from the California Public Utilities Commission (CPUC) for the Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Project in the form of approved General Order 88-13s. The City shall comply with all CPUC conditions of approval at its own expense. C. Final Plans, Specifications and Estimate of Costs: City has prepared construction documents including plans, specifications, and an engineer's estimate for the work. At the City's request, SMART has included the construction documents through a Change Order in SMART's design -build contract for the SMART Larkspur Extension Project. The construction documents are included and incorporated hereto as Exhibit A to this Amendment No. 2. D. Environmental Documentation and Regulatory Permits: City has or shall obtain all required environmental clearances and regulatory permits for the Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Project. City shall provide SMART with all required documentation prior to the start of construction. City understands that failure to provide these documents could delay construction which could generate delay costs that would be the City's sole responsibility. E. Notification: City shall be responsible for any public outreach it determines to be necessary, including notifications to the public of work to be performed on the Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre- emption Project. F. Utilities: City shall be responsible for utility investigation and conflict resolution and/or utility relocations according to the planned work and consistent with the project schedule. G. Road Closure: As set forth in Article V, Section 3. F., of Amendment No. 1, City grants approvals for a complete road closure for one weekend (Friday @ 20:00 to Monday @ 05:00) for the reconstruction of the track crossing of Second Street and an additional weekend closure for reconstruction of the track crossing Third Street at no cost to SMART. No additional permits or approvals will be required. However, no construction may take place between Thanksgiving Day and New Year's Day. The City has a moratorium on construction in the downtown area during this period. It is anticipated that SMART's contractor will construct to the greatest extent feasible those portions of the City's Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Project during the road closure and will minimize the number of lane closures on Second or Third Streets during daytime hours outside of the full road closure. At no time shall full road closures of Second and Third Streets be permitted to occurfor only the work that is related to the Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Project. H. Quiet Zone: The City is responsible for any improvements that may be necessary if the City chooses to pursue a quiet zone for the Second and Third Street at -grade crossings. I. Inspection: City may inspect, at its expense, the Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Project during construction and at the conclusion of the construction work. The City may not direct SMART's contractor. J. Ownership and Maintenance: City shall own, operate and maintain the City funded railroad pre-emption traffic signal systems, including, but not limited to, traffic signal poles, conduits, conductors, electronic blank out signs, CCTV cameras, and any other element directly related to providing a complete and functioning traffic signal system. at the railroad crossings on Second and Third Streets. 4. SMART's Responsibilities SMART shall be responsible for the following as to the Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Project: A. Design -Build Contract: SMART shall include by Change Order the Second and Third Street At -Grade Railroad Crossing Improvements Project improvements as part of the planned design -build contractor procurement for the SMART Larkspur Extension Project. B. Procedures: SMART shall prepare and submit to the City change orders that would be required to complete the Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Project for review and approval before said work occurs. [City shall review and approve change orders within 15 working days.] SECTION 2. Except as otherwise provided herein, all terms and conditions of the March 14, 2017 MOU, as amended by the July 15, 2018 Amendment No. 1 shall remain in full force and effect and shall apply to the Second and Third Street Vehicular Traffic Signal At -Grade Railroad Crossing Pre-emption Project. IN WITNESS WHEREOF, SMART and the City have executed this Amendment No. 2 as of the date first above written. CITY OF SAN RAFAEL By: Jim Schut , City M nage ATTEST: Lindsay Lara, City Clerk APPROVED AS TO FORM FOR CITY: 0 A LZ � - tic - 9k*&- EIWC-.F Robert F. Epstein, ty Atto hey SONOMA-MARIN AREA RAIL TRANSIT DISTRICT By: Farhad Mansourian, General Manager APPROVED AS TO FORM FOR SMART S RT General Couns EXHIBIT A Construction Documents OVA a11.119:l Second and Third Street At -Grade Railroad Crossing Improvements Project Estimated Project Budget Description Costs SMART Contract Change Order $324,876.00 Contingency (17%) $55,124.00 Budget Total $380,000.00 Cfd RAF`1 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Hunter Young Extension: 3408 Contractor Name: Sonoma -Marin Area Rail Transit District (Amendment No. 2 to 3/14/17 MOU between SMART and CSR -Larkspur Extension Contractor's Contact: Bill Gamlen, Chief Engineer Contact's Email: BGamlen@sonomamarintrain.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor n/a ® N/A 11/9/2018 b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org ® HY 2 City Attorney a. Review, revise, and comment on draft agreement 11/15/2018 ® LG and return to Project Manager b. Confirm insurance requirements, create Job on n/a ®LG PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 12/3/2018 ® BG contractor 4 Project Manager Forward three (3) originals of final agreement to 12/3/2018 ® HY contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ; N/A agendized for City Council approval *City Council approval required for Professional Services ® HY Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City 12/3/2018 PRINT 6 Project Manager ❑ Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement _ 8 City Attorney Review and approve insurance in PINS, and bonds Z )�I liv ! l b (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized DoNc' official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager ro�