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PW 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 y-3-lP-73D 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 �•,rw,in,,: :�+ 0635205 � 999A MARN OUETZONE ter. rl,r "anm;'rr.::, 6fN G) 863571Y (E% Last crossing: Fourth Street m of uu�Jp,d, 863520S I:r lr r h d 1 tl, �' _. _ . y..8-r75aa .i–.3 J rw vn K—I H" _ carr `:'ru +a "r r:,.a•;I •63523at•O MARN OUETZONE No.2 °'��•+ y !,I"'•'•i°'• (San RafaaFLarkapur) First Crossing: Thd Stre sl 001 SMART063524U 863521Y'+ San Rafaol I Station yL7 863S26Hriu� _ f - t.i.: ..:.L,r . nle• 'kit v G'�i, . 63527p 863531E . JACOBY CROSSING i•14r. r �q 943171 F 1 t{ 06 .9na6352Aw ''sr �iLti 943171F ' ' P." , Palk S soon US S FRA/Base: County of Mar Burek U' Land Wr a bdiri rit, tw.W HERE. `�annin, I14CREPAEPJT R NGA p`'Ij' sauAr CakR 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 m m o c 10 N a N A w N -. � N C � N O :0f0 Zu) n d N 3 cn n O d d -u F, O m A �' N o ;u n C z3• pai d D �7a = 3 m n�• m a N• N o am' f d< an d v o tp a �- m N d o __ N -4 = d d a V a m m d 0 5' = 3 y o (1l a 0 0 0 O rn Cn x m = o_S• va m a p ��• m S =a m �NFn j O nn d 0 N N N 3 �. = N a N d N d d d t0 N O d ry O = C 7 a Q A n I° o ' d aT n =^ 3T ' a o 3a O �p y Nn rs v O C 3 O aCy0 rnnmm ym eLnO Am "Z .o ; a z H�yQ � �acr d N Q H W d 0m o n n $ m oT'o yam and Cao �n0 0-0 C c 4 Ty 3 , N o �ma d 3 m ui o 0 nji A y yy:d C 3 x `k .16- O V N N N N N N N N a m O m m m m m m m m d 01 .N-4, x� o O p m (off [!1 N m m sir m N m fJ A N N m, o b ut o 0 o ? mNn en w w w ' fn w w to d+ w m O o N cmn N vmi N N umi N N N ai N dmi N omi N m ° 3 U fR O fA J d/ fR m m fA V1 v d1 fR fR w O fR w O A m w rn r � _3 m •o v D � o n fn w (AJi to A w a tn A En a w A w A to a w a e t O O v m d m N m d qt N N + N tD N �U1il m 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 (/'