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PW Quiet Zone Request to PUC and Federal Railroad Admin; Amendment 2SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KAL KRISHNAN CONSULTING SERVICES, INC. FOR PROFESSIONAL SERVICES FOR THE SMART LARKSPUR EXTENSION QUIET ZONE THIS SECOND 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_,j4�O day of_MAJ7r-4 , 2020. 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 CITY and CONSULTANT entered into a First Amendment dated October 15, 2019 for additional services associated with developing a quiet zone in an amount not to exceed $11,931.73, and increasing the total not to exceed amount under the Agreement to $31,809.73; and WHEREAS, CITY now requires services from the CONSULTANT in connection with the recertification of the northern San Rafael Quiet Zone, and the CONSULTANT is willing to provide such services; and WHEREAS, CITY and CONSULTANT now desire to amend the Agreement as stated herein; AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. 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 2020 Services" dated February 24, 2020, attached to this Second Amendment as Attachment "A" and incorporated herein by reference. 2 Paragraph 4 of the Agreement, entitled "COMPENSATION," is hereby amended to include additional compensation payable to CONSULTANT for the services described in Attachment "A" to this Second Amendment, on a time and materials basis in a not -to -exceed amount of $15,063.06, and to change the total not -to -exceed amount under the Agreement to $46,872.79. Such additional compensation shall be paid at the rates for CONSULTANT as set forth in Attachment "A," attached to this Second Amendment and incorporated herein by reference. 3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties, as amended by the First Amendment, shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this Second Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL JIM S H TZ, City M na r ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: - L d Ajk,,j. u -c - ROBERT F. EPSTEINJ City Atbrney 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 [ATTACHMENT A] City of San Rafael February 24, 2020 San Rafael -Marin Quiet Zones Scope and budget addendum for 2020 services San Rafael Consultant Support SCOPE OF SERVICES L BACKGROUND This work scope and budget is an addendum to the August 20 2019 quiet zone application consultant support contract for the City of San Rafael, which commenced January 2018. This proposed scope and budget amendment ensures that there will be adequate resources to support the City in these efforts going forward during 2020. In July 2017 revenue service commenced on the Sonoma Marin Area Rail Transit (SMART) initial operating segment (IOS). 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 San Rafael SMART station. With the extension of service from San Rafael to Larkspur, City of San Rafael, as the public authority controlling public vehicle crossings, has now established a quiet zone covering the remaining crossings within the city, commencing at the Third Street public crossing (8635211), effective December 12, 2019. The third quiet zone will be established for the standalone Jacoby Street crossing (943171F) approximately 1/3 of a mile railroad west of Andersen Drive (863527P) to ensure continuity of quiet zone coverage throughout the City Of San Rafael. Jacoby Street is currently classified by CPUC and FRA as a private crossing and the quiet zone cannot be 'bookended' by a public crossing (Third Street) and a private crossing (Jacoby Street). The conversion of this crossing from private to public status is underway via a formal application to California Public Utilities Commission (CPUC), following a positive hearing with the CPUC administrative law judge in November 2019 and recommended full approval by CPUC in February 2020. To City of San Rafael San Rafael -Marin Quiet Zones: Scope and budget addendum for 2020 services DRAFT SCOPE OF SERVICES, 2/24/2020 Pagel of 5 ensure that the crossing obtains "public" status, the City will enter into a maintenance agreement for the roadway access to the crossing. When the process is complete, there will therefore be three contiguous quiet zones in San Rafael: 1. The first Marin ICS (zone initial operating segment) quiet zone (2017) 2. The second San Rafael -Larkspur extension quiet zone (2019) 3. A third single -crossing quiet zone for a half mile centered on Jacoby Street (2020) The process for establishing the second quiet zone was assumed to require two sets of site visits for final federal regulatory approval. In practice, multiple visits have been required due to extensive feedback from federal regulators as minor modifications are made to ensure the crossings are compliant. Field review and observations during and after SMART train testing have contributed to some additional resource requirements. 2. SCOPE OF WORK The consultant is in a position to undertake the following tasks during 2020 to support the city in maintaining quiet zone status throughout the city: Task 1. Undertaking a desk and field review of crossing improvements at all crossings north of Fourth Street to confirm consistency with those approved GO -88B applications with CPUC. Task 2. Revising the risk calculator data and running the FRA risk calculator model to ensure that the zone remains compliant with the threshold below the nationwide risk index. The detailed context to Tasks 1 and Task 2 is as follows: The original Marin quiet zone was established on opening of the initial operating segment (I0S) in 2017, covering the SMART railroad tracks from Fourth St., San Rafael to the Rush Creek Place crossing at the northern City of Novato limit, and encompassing three jurisdictions: City of San Rafael, Marin County and City of Novato: this zone will need to be re -qualified after four years of operation. The reason that this quiet zone needs to be re -qualified, rather than being established in perpetuity, is that the crossings within this quiet zone include a mix of full supplementary safety measures (SSMs) and other safety improvements. All of the crossing improvements were reviewed and approved by state and federal safety regulators, and modifications to these as part of the recertification process are not considered likely. City of San Rafael San Rafael -Marin Quiet Zones: Scope and budget addendum for 2020 services DRAFT SCOPE OF SERVICES, 2/24/2020 Page 2 of 5 Under the required FRA quiet zone risk analysis, including the nationwide risk calculator software, the Marin IOS quiet zone qualified, since the crossing improvements reduced the risk to a level below the nationwide level of the risk index without horns (RIWH). However, since the nationwide risk index varies year-to-year, based on crossing collision/accident data from a variety of crossing configurations and traffic volumes across the country, the calculator must be reset after annual updates, typically provided by FRA in May of each year. Task 3. Completing all notifications and submittals required to federal and state regulators Task 4. Monthly meetings /progress calls with City Public Works staff, federal and state regulators as required including two field visits. Coordination of meetings / minutes / running action items. Attendance at City Council meeting if required. Assumptions: 1. City staff will undertake FRA -requested inventory of quiet zone signage for the initial operating segment. A quiet zone signage plan to be established for all of these crossings on the initial operating segment, as is being undertaken for the second segment south of Fourth Street. 2. No revision to re -qualified Marin IOS quiet zone: any efforts by other jursidictions to establish new quiet zone in 2020 by "unbundling"the risk assessments of the combined Novato -Marin County- San Rafael crossings in the quiet zone established in 2017 with additional crossings beyond the northern Novato city limit, including crossings in Sonoma County, are not part of this effort. Deliverables: A. Re -certified quiet zone for the Marin initial operating segment. B. Briefing and explanatory materials to accompany for site visits with City Public Works, CPUC, FRA and SMART staff. C. Revisions to the FRA Quiet Zone Risk Index (QZRI) calculator analysis based on May 2020 nationwide data updates. 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 support the city in its ongoing maintenance of quiet zone status. City of San Rafael San Rafael -Marin Quiet Zones: Scope and budget addendum for 2020 services DRAFT SCOPE of SERVICES, 2/24/2020 Page 3 of 5 3. TIMELINE The following draft schedule represents the assumed timeline for items some of which will be determined by actions taken by others such as city of Novato and FRA: Review status of all crossing improvements in Marin IOS — April 30, 2020 Update of FRA quiet zone risk index for Marin IOS— July 15, 2020 Proposed recertification of Marin I0S with FRA - December 2020 4. ESTIMATED BUDGET Total estimated cost of this addendum is $15,063, inclusive of travel and other direct costs. Detailed breakdown is provided in Exhibit 1. The same consultant staff have been engaged in all previous the FRA quiet zone applications for the City and will work efficiently with high degree of familiarity and detailed knowledge of these improvements. 5. ATTACHED EXHIBITS: Exhibit 1: Addendum estimated costs City of San Rafael San Rafael -Marin Quiet Zones: Scope and budget addendum for 2020 services DRAFT SCOPE OF SERVICES, 2/24/2020 Page 4 of 5 v) n v m D oo 3- OLn y C O a =ttEn rzl UO= C D) ry 7 O n CA m c V1 = x CD m N } N O O d O ! 5 0 3 p � m O z y )j O (7 m )D O C N n O L4 N N d � y a D' C r O M M m g d m n O y c 0 M 0 O. m Q En C CL c 3 d N m 0 S.3 N -n< V m 0 << CDN 'p O y m o M Z M y 7 C _. m m 0 n O ! y 0 N m n O y c 0 a° m m m 3 O En C 00 n O N d N m m.. O° m 7 7? O S.3 N -n< V m 0 << 'p m o 7 C _. m m 0 N 0? ? 7 m fO m n. ° 3 a O ? K y O CL CD ° m N N= �% 0 m m X m >> m ;� C D O n y j m m 0. _ 3 x m N, f7 M. O>> m "-'� N a X om fD 3 C d o �. y m O d 0 > Dn1 �c ca Co m f» 10 CL 7 0• fD O d �-'� n C_ O O LU m a) O N S. 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Cm)t O O v w CD N O CD W A O C+ Ge EA &i fA EA N 1 CO CD 0 m v 1 O V V O co t0 N A N N V O W W N 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 DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click liege to ❑ enter a date. b. Email contract (in Word) and attachments to City 3/2/2020 Attorney c/o Laraine.Gittens@cityofsanrafael.org 0 IKK 2 City Attorney a. Review, revise, and comment on draft agreement 3/11/2020 0 LG and return to Project Manager 3/11/2020 0 LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 3/11/2020 0 BG contractor 4 Project Manager Forward three (3) originals of final agreement to 3/11/2020 D IKK 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 ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 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 (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and a� forwards copies to Project Manager N