HomeMy WebLinkAboutPW Quiet Zone Request to PUC and Federal Railroad Admin; Amendment 1FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
KAL KRISHNAN CONSULTING SERVICES, INC. FOR PROFESSIONAL SERVICES FOR
THE SMART LARKSPUR EXTENSION QUIET ZONE
THIS FIRST AMENDMENT to the Professional Services Agreement by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and KAL KRISHNAN CONSULTING
SERVICES, INC., (hereinafter "CONSULTANT"), is made and entered into as of the 15
day of D G't 0 b CY , 2019.
RECITALS
WHEREAS, the CITY and CONSULTANT entered into a Professional Services
Agreement dated January 12, 2018 for services associated with developing a quiet zone
from downtown San Rafael to the Larkspur/San Rafael City limit in an amount not to exceed
$19,878 (the "Agreement"); and
WHEREAS, the initial term of the Agreement expired on December 31, 2018; and
WHEREAS, CITY now requires additional services from the CONSULTANT in
connection with the Larkspur Extension Quiet Zone application, and the CONSULTANT is
willing to provide such services; and
WHEREAS, CITY and CONSULTANT now desire to reinstate and amend the
Agreement as stated herein;
AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:
1. Reinstatement. Notwithstanding any language to the contrary in Section 5 of
the Agreement, the Agreement is hereby reinstated as of the date of this
Agreement and will continue in effect through December 31, 2021 unless
earlier terminated.
2. Paragraph 2 of the Agreement, entitled "DUTIES OF THE CONSULTANT," is
hereby amended to include the additional services set forth in CONSULTANT's
proposal entitled "Scope and Budget Addendum for CPUC Application 2019"
dated August 20, 2019, attached to this First Amendment as Exhibit "A" and
incorporated herein by reference.
I
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3. Paragraph 4 of the Agreement, entitled "COMPENSATION," is hereby
amended to include additional compensation payable to CONSULTANT for the
services described in Exhibit "A" to this First Amendment, on a time and
materials basis in a not -to -exceed amount of $11,931.73, and to change the
total not -to -exceed amount under the Agreement to $31,849.73. Such
additional compensation shall be paid at the hourly rates for CONSULTANT as
set forth in Exhibit "B," attached to this First Amendment and incorporated
herein by reference.
4. 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 First Amendment on the day,
month, and year first above written.
CITY OF SAN RAFAEL
WNWij 2 _i/ I:
ATTEST:
LINDSAY LARA, City Cleric
APPROVED AS TO FORM:
L- 6 , - -kn kpfr
ROBERT F. EPSTEIN, Ci Atto ey
2
KAL KRISHNAN CONSULTING
SERVICES, INC.
By:
Name: David McCrossan
Title of Corporate Officer: Vice President
[If Contractor is a corporation, add signature of
second corporate officer]
By:
Name: Dev A. Krishnan
Title: President and CEO
City of San Rafael EXHIBIT A
Marin Quiet Zone No.2 DATE: 8/20/19
(San Rafael -Larkspur SMART extension Quiet Zone)
Scope and budget addendum for CPUC Application 2019
San Rafael
Consultant Support
SCOPE OF SERVICES
L BACKGROUND
This work scope and budget is an addendum to the quiet zone application
consultant support contract for the City of San Rafael which commenced January
2018. In July 2017 revenue service commenced on the Sonoma Marin Area Rail
Transit (SMART) initial operating segment. A new Marin Quiet Zone (QZ) was
successfully established (the same consultant team also provided support to the City
and other Marin County jurisdictions for that quiet zone) to coincide with the
beginning of service on this segment, commencing at the Novato city limit and
terminating at the Fourth Street, San Rafael crossing (863520S) adjacent to the
southern terminus of the current service.
With the future extension of service from San Rafael to Larkspur, currently
scheduled for startup in late 2019, the City of San Rafael, as the public authority
controlling public vehicle crossings, intends to establish a quiet zone covering the
remaining crossings within the city, commencing at the Third Street public crossing
(863521Y).
The final crossing on the extension is located at Jacoby Street (943171F)
approximately 1/3 of a mile railroad west of Andersen Drive (863527P). The
recently -acquired SMART property straddling the Jacoby crossing is currently used
as a contractor laydown area during the construction of the Larkspur extension and
is likely to remain in use exclusively by SMART after revenue operations commence.
The ownership of the property on both sides of the Jacoby crossing transferred in
2018 to SMART from the Golden Gate Bridge, Transportation and Highway District
There are no other users or activities accessed by this crossing other than SMART.
Jacoby Street is currently classified by CPUC and FRA as a private crossing and the
City understands that the quiet zone cannot be 'bookended' by a public crossing
(Third Street) and a private crossing (Jacoby Street). Therefore, the City has
City of San Rafael Marin Quiet Zone No.2 Scope and budget addendum for CPUC Application
SCOPE OF SERVICES, 8/20/2019 Page 1 of 5
undertaken to proceed as a first step with the quiet zone application to include
those crossings which are currently public, from Third Street to Andersen Drive.
The City did consider alternatives such as installing a wayside horn but does not
intend to pursue these further.
The City wishes to ensure that train horns will be silenced at the Jacoby Street
crossing. Its intention is to pursue re -designating the Jacoby crossing as a public
crossing, via a formal application to California Public Utilities Commission (CPUC).
To ensure that the crossing of obtains "public" status, the City will enter into a
maintenance agreement for the roadway access over the SMART property.
2. SCOPE OF WORK
The work scope will comprise the following CPUC -focused tasks as an addendum to
the Federal Railroad Administration (FRA) quiet zone application tasks previously
scoped and budgeted:
1. Preparation of draft application for conversion of the Jacoby crossing from private
to public to for submittal to CPUC, including required engineering and
environmental review exhibits from SMART engineering staff
2. Review of pre -submittal draft with CPUC Crossings Safety staff (and up to two
revisions if necessary based on feedback from CPUC staff)
3. Filing of the CPUC application with the Commission's San Francisco docket office
4. Participation in subsequent administrative law judge (ALJ) hearings on the
application as needed
5. Coordination and participation with City, SMART and CPUC staff for up to three
site meetings to review the improvements proposed prior to finalization of CPUC
ALJ decision
6. Prepare, if required, subsequent standalone single crossing FRA quiet zone
application to ensure that the quiet zone crossings form a contiguous corridor from
Third Street to Jacoby Street, San Rafael.
Note: It has been assumed that the recommended improvements to ensure this railroad segment is "quiet zone
ready" have been through the CPUC GO SSB application and approval process by SMART staff and are not part of
the crossing conversion application. As is typical with changes in status, it is also assumed that SMART staff will
undertake the updates to the USDOT National Crossings Inventory to ensure that the status of the crossings and
their improvements are reflected appropriately for the commencement of train service.
City of San Rafael Marin Quiet Zone No.2 Scope and budget addendum for CPUC Application
SCOPE OF SERVICES, 8/20/2019 Page 2 of 5
Deliverables:
A. Application for Jacoby Street crossing conversion to California Public Public
Utilities commission to include all exhibits required to be sourced from
SMART/third-parties.
B. Background memorandum as required for CPUC / ALJ and City staff
C. Briefing and explanatory materials to accompany for site visits with City Public
Works, CPUC, FRA and SMART staff
D. Drafted Notices of intent and notices of establishment
Updated (2016) FRA Quiet Zone Risk Index (QZRI) calculator results
The team members are very familiar with the SMART rail project, the quiet zone
process and the variety of regulatory agencies with which the City needs to interface
in order to successfully achieve quiet zone status.
3. TIMELINE
The following draft schedule represents the draft to be provided to CPUC, based on
their standard process described in the CPUC roles of practice and procedure. Since
the City and SMART are cooperating on this project, the crossing application is not
contentious: it is assumed that the Commission will not hold hearings that would
otherwise impact the schedule. In practice, any dates will be driven by the
availability of the administrative law judge and CPUC/FRA staff for site reviews:
Filing of Application - August 26, 2019
30 days Protest Period - September 25, 2019
4 Months Proposed decision - December 2S, 2019
4. ESTIMATED BUDGET
Total estimated cost of this addendum is $11,932, inclusive of travel and other
direct costs. Detailed breakdown is provided in exhibit B. The same consultant staff
are undertaking the FRA quiet zone application for the City and will work efficiently
with high degree of familiarity and detailed knowledge of these improvements.
5. ATTACHED EXHIBITS:
Exhibit 1: Location Map
Exhibit 2: Addendum estimated costs
City of San Rafael Marin Quiet Zone No.2 Scope and budget addendum for CPUC Application
SCOPE OF SERVICES, 8/20/2019 Page 3 of 5
Exhibit 1: Location Map
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City of San Rafael Marin Quiet Zone No.2 Scope and budget addendum for CPUC Application
SCOPE OF SERVICES, 8/20/2019 Page 4 of 5
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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: Kal Krishnan Consulting Services, Inc.
Contractor's Contact: David McCrossan Contact's Email: david.mccrossan@kkcsworld.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
a. Email PINS Introductory Notice to Contractor
DATE
Check/Initial
1
Project Manager
Click here to
❑X
enter a date.
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
8/23/2019
Z HY
2
City Attorney
a. Review, revise, and comment on draft agreement
8/23/2019
0 LG
and return to Project Manager
b. Confirm insurance requirements, create Job on
8/23/2019
❑X LG
Department Director
PINS, send PINS insurance notice to contractor
8/23/2019
3
Approval of final agreement form to send to
❑X BG
Project Manager
contractor
Forward three (3) originals of final agreement to
8/23/2019
4
❑X HY
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑X N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑X 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
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
10/9/2019
❑X HY
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
City Attorney
agreement
Review and approve insurance in PINS , and bonds
8
(for Public Works Contracts)
9
City Manager/ Mayor
Agreement executed by City Council authorized
l0
City Clerk
official
I
�p
10
Attest signatures, retains original agreement and
forwards copies to Project Manager
Ito l to I "I
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