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HomeMy WebLinkAboutCA SMART Quiet Zones MaintenanceSAN RAFAEL THE CITY WITH A MISSION Agenda Item No: 5.d Meeting Date: March 6, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY ATTORNEY Prepared by: Robert Epstein, City Attorney City Manager Approval: Lisa Goldfien, Asst. City Attorney TOPIC: AGREEMENT WITH SMART FOR MAINTENANCE OF SAN RAFAEL QUIET ZONE IMPROVEMENTS SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) REGARDING CONSTRUCTION AND MAINTENANCE OF SAFETY IMPROVEMENTS RELATED TO THE CITY OF SAN RAFAEL QUIET ZONE IN SMART'S INITIAL OPERATING SEGMENT RECOMMENDATION: Approve Resolution. BACKGROUND: The Sonoma Marin Area Rail Transit District (SMART) is expecting to commence passenger rail service on its initial operating segment (IOS) from Santa Rosa to Downtown San Rafael in the late spring of this year, and is also working on plans for extension of the service to Larkspur. In August 2009, before construction of the rail line commenced, SMART asked jurisdictions along the rail corridor to indicate potential interest in a "quiet zone" in their community. Under applicable Federal Railroad Administration (FRA) regulations, a quiet zone is a defined stretch of track where, because of the installation of "supplemental safety measures" (SSM's) or "alternative safety measures" (ASM's), a train operator is excused from the usual requirement to blow the train horn as it approaches vehicular or pedestrian crossings, unless there is a hazard on the tracks. San Rafael was among the cities that indicated an interest in establishing a quiet zone. In August, 2012, SMART's Board of Directors authorized SMART staff to construct public grade crossings along the IOS with SSM's or ASM's that would allow those crossings to qualify for quiet zone status under federal law. Pursuant to that direction, and in coordination with City staff, SMART constructed the crossings in San Rafael with the prescribed SSM's. The FRA confirmed that the crossings meet federal criteria for a quiet zone. FOR CITY CLERK ONLY File No.: 245 Council Meeting: 03/06/2017 Disposition: Resolution 14291 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 On December 1, 2014, following substantial public outreach, the City Council authorized Staff to begin the process to establish a quiet zone covering SMART's IOS within San Rafael. Subsequently, on October 17, 2016, at the request of the City of Novato, the City Council conditionally authorized City Staff instead to pursue establishment of a combined quiet zone that would encompass all the rail crossings along the IOS in both San Rafael and Novato, as well as in the County unincorporated area in between. As required by federal regulations, the City issued a Notice of Intent to establish the combined quiet zone, and the required 60 -day comment period has elapsed. Therefore, the City is now in a position to proceed at its discretion to issue a Notice of Establishment setting the date upon which the combined quiet zone will go into effect. Staff expects to establish the quiet zone contemporaneously with the commencement of SMART's commercial operations on the IOS. In connection with the foregoing chain of events, SMART staff advised the City that it would be necessary, prior to the establishment of the quiet zone, to enter into an agreement with SMART concerning each party's responsibilities for maintenance and repair of the existing quiet zone improvements (the SSM's). (Attachment 1.) ANALYSIS: SMART's initial draft agreement included provisions allocating the parties' respective rights and duties with respect to the existing quiet zone improvements, but additionally sought to establish each party's responsibilities if, in the future, any additional SSM's or ASM's might be required in order to maintain quiet zone qualification. It also included a requirement that the City must indemnify and hold SMART harmless from all liabilities for injuries to persons or property arising in any way from the existence of the quiet zone. The City Attorney was unwilling to agree to the proposed draft, and the City Attorney's office has been working with SMART's General Counsel for many months to refine the scope of the proposed agreement, and particularly to narrow, as much as possible, the indemnification provision SMART is requiring. After numerous drafts, the City Attorney's office is prepared to recommend the attached form of agreement. The agreement applies only to quiet zone crossings in SMART's initial operating segment within San Rafael's city limits. Staff understands that Novato and other cities establishing quiet zones will be required to negotiate their own agreements with SMART. The material terms of the agreement are as follows: 1. SMART will maintain and repair any quiet zone improvements in SMART's right-of-way at its own expense; 2. SMART will also maintain and repair designated quiet zone improvements in the City's right-of- way, but at the City's expense. These will be improvements that the parties agree are so connected with SMART's operations that SMART should be charged with keeping them operational; 3. The City will maintain and repair all other quiet zone improvements that are in the City's right-of- way, at City expense; 4. The City will indemnify SMART for injuries or damages arising out of City's negligence or willful misconduct with respect to quiet zone improvements installed or maintained by the City in the City's right-of-way. This is a much narrower indemnification obligation than was initially proposed by SMART. 5. The agreement does not attempt to provide details about the Parties' responsibilities for any potential future improvements, since the need for such improvements is speculative at this point; however, the agreement does express that both parties understand and agree that if in the future additional quiet zone improvements need to be installed in order to preserve a SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 crossing's quiet zone eligibility under federal regulations, SMART will not be responsible for constructing those improvements or contributing to their cost. The proposed agreement anticipates that exhibits will be attached showing all the quiet zone improvements at each of the City's crossings, and clearly identifying whether they are to be maintained by SMART or the City and which Party is responsible for the cost. These exhibits have not yet been prepared, but will be prepared cooperatively by engineers from the City and Staff and finalized prior to execution of the agreement. The attached resolution approves the agreement subject to final approval as to form by the City Attorney and subject to approval by the Public Works Director of the exhibits to the agreement. (Attachment 2.) The City Attorney believes that the agreement sets forth a reasonable allocation of the rights, duties and responsibilities of the parties with respect to the quiet zone improvements in the San Rafael portion of the IOS and recommends that the Council approve it. FISCAL IMPACT: There will be no immediate fiscal impact from the Council's approval of the proposed agreement. In the future, the City will incur maintenance and repair costs for the quiet zone improvements as specified in the agreement. Since most of the quiet zone improvements are located within the SMART right-of-way, Staff anticipates that the City's maintenance/repair obligations may be paid for with street maintenance funds and will not substantially increase the annual budget for those funds. OPTIONS: The City Council has the following options with respect to this matter: 1. Adopt the attached resolution approving the Construction and Maintenance Agreement as presented (staff recommendation); 2. Do not adopt the resolution, and provide direction to staff for further negotiations with SMART; 3. Take no action. Staff does not recommend this option as it may delay establishment of the City's quiet zone. RECOMMENDED ACTION: Adopt Resolution Approving and Authorizing the City Manager to Execute an Agreement for Construction and Maintenance of Safety Improvements Related to the City of San Rafael Quiet Zone in Smart's Initial Operating Segment. ATTACHMENTS: 1. 11/20/2016 Letter from SMART 2. Resolution with attached Exhibit "A" -proposed Construction and Maintenance agreement. =SMART= RECEIVED Judy Arnold, Chair November 10, 2016 NOV 14 2016 Marin County Board of Supervisors PUBLIC WORKS OEPi. Barbara Pahre, Vice Chair CITY OF SAN RAFAEL Golden Gate Bridge, Highway/Transportation District Bill Guerin Jim Eddie Director of Public Works, San Rafael Golden Gate Bridge, Highway/TransportationDistrict 111 Morphew Street San Rafael, CA 94901 Debora Fudge Sonoma County Mayors and Councilmembers Association Re: Notice of Intent to create New Quiet Zone: Combined City of Eric Lucan Novato -County of Marin -City of San Rafael Initial Operating Transportation Authority of Marin Segment Jake Mackenzie Sonoma Mayors and Councilmembers Association Dear Mr. Guerin, Stephanie Moulton -Peters Marin Council of Mayors and The Sonoma -Marin Area Rail Transit District (SMART) received Councilmembers a Notice of Intent (NOI) from the City of San Rafael dated Gary Phillips October 20, 2016 to establish a Quiet Zone within the City of San Transportation Authority of Marin Rafael, City of Novato and County of Marin limits. This area falls David Babbitt within SMART's Initial Operating Segment (IOS) that is Sonoma County Board of Supervisors scheduled to begin revenue passenger operation later next year. Carol Russell Sonoma Mayors and Councilmembers SMART generally supports the City's desire to establish a Quiet Association Zone but offers the following comments: Kathrin Sears Marin County Board of Supervisors 1. The Quiet Zone should not be established until all testing is Shirlee Zane completed. SMART strongly believes that it is necessary to Sonoma County Board of Supervisors safely test and commission the new passenger service system. SMART is currently integrating grade crossing warning systems, positive train control signaling and brand Farhad Mansourian new rail vehicles. It is imperative that SMART have all of the General Manager safety warning systems available, including the train horn, as SMART commissions the new passenger system in a 5401 Old Redwood Highway community that has not seen rail service of any kind for over Suite 200 Petaluma, CA 94954 30 years. Phone: 707-794-3330 Fax: 707-794-3037 www.sonomamarintrain.org 2. The Quiet Zone should not be established until the City and SMART have mutually agreed to a Memorandum of Understanding (MOU) that details the responsibilities of both parties for the quiet zone. This will include maintenance responsibilities for all Supplementary Safety Measures (SSMs) under the control of either SMART or the City Rill Guerin DPW, City of San Rafael) November 10, 2016 including, but not limited to, medians, signage and four quadrant gates. The MOU will assure on-going compliance with FRA required safety measures by requiring that each party will be responsible for on-going SSM maintenance once the Quiet Zone is established and activated. The City and SMART have been cooperatively negotiating terms for the MOU and anticipate timely execution of an MOU. 3. SMART encourages the City to develop a Community education and awareness program in order to educate the public regarding additional safety measures and what to expect if the City completes and establishes 24 hour quiet zone. SMART further encourages the City to establish a 24 hour call center to respond to questions/complaints associated with establishment of a 24 hour quiet zone. SMART has worked closely with the City throughout the planning, design, construction and start-up of the SMART Passenger Rail System. SMART participated in City hearings in which the City polled the community on establishing a Quiet Zone. SMART continues to support the City of San Rafael desire to establish Quiet Zone in a safe and deliberate manner. Please contact me at (707) 794-3049 with any questions. Sincerely, Bill Gamlen, P.E. Chief Engineer Cc: See Attached List Bill Guerin Director of Public Works City of San Rafael 111 Morphew Street San Rafael, CA 94901 David Stewart, P.E. California Public Utilities Commission Rail Crossing and Engineering Branch 180 Promenade Cir., Suite 115 Sacramento, CA 95834 Shannon Montano California Dept. of Transportation (Caltrans) Railroad Crossing Safety Branch Chief P.O. Box 942874, MS 74 Sacramento, CA 94274-0001 Bob Herbst, Airport Manager San Rafael Airport 400 F. Smith Ranch Road San Rafael, CA 94903 Mitch Stogner North Coast Railroad Authority 419 Talmage Road, Suite M Ukiah, CA 95482 Chief James Berg Novato Police Dept. 909 Machin Avenue Novato, CA 94945 Raul Rojas Director Public Work, County of Marin 3501 Civic Center Dr., Suite 304 San Rafael, CA 94903 Lorraine F. Silveira Silveira Ranches 140 Blackstone Drive San Rafael, CA 94903 Jim Hogeboom, Superintendent Novato Unified School District 10157 th Street Novato, CA 94945 Cathy Capriola, City Manager Novato City Manager 922 Machin Ave, Novato, CA 94945 Chief Diana Bishop San Rafael Police Department 1400 Fifth Avenue San Rafael, CA 94901 Michael Robertson, P.E. California Public Utilities Commission Safety and Enforcement Division 320 W. 4t' Street, Suite 500 Los Angeles, CA 90013 Associate Administrator for Safety Federal Railroad Administration 1200 New Jersey Avenue, SE, MS -25 Washington, DC 20590 Lee Ann Dickson Federal Railroad Administration 8011 Street, Suite 466 Sacramento, CA 95814 John H. Williams Northwestern Pacific Railroad Co. 250 Cambridge Ave., Suite 250 Palo Alto, CA 94306 Sheriff Robert T. Doyle Marin County Sheriff's Office 1600 Los Gamos Dr., #200 San Rafael, CA 94903 Denis J. Mulligan, General Manager Golden Gate Bridge Dist. P.O. Box 9000 Presidio Station, San Francisco, CA 94129-0601 Kent Eagleson, School Director St. Vincent's School -Boys 1 St. Vincent Drive San Rafael, CA 94904 Matthew H. Hymel, County Administrator County Administrator's Office 3501 Civic Center Dr., Suite 325 San Rafael, CA 94903 RESOLUTION NO. 14291 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) REGARDING CONSTRUCTION AND MAINTENANCE OF SAFETY IMPROVEMENTS RELATED TO THE CITY OF SAN RAFAEL QUIET ZONE IN SMART'S INITIAL OPERATING SEGMENT WHEREAS, the Sonoma Marin Area Rail Transit District (SMART) was created pursuant to AB 2224 (California Public Utilities Code § 105000 et seq.) for the purpose of providing a passenger rail service and multi -use pathway within the Counties of Sonoma and Marin; and WHEREAS, SMART is now expecting to commence passenger rail service on its initial operating segment from Santa Rosa to Downtown San Rafael (the "IOS") in the late spring of 2017; and WHEREAS, under applicable Federal Railroad Administration (FRA) regulations, a "quiet zone" is a defined stretch of track where, because of the installation of "supplemental safety measures" (SSM's) or "alternative safety measures" (ASM's), a train operator is excused from the usual requirement to blow the train horn as it approaches vehicular or pedestrian crossings, unless there is a hazard on the tracks; and WHEREAS, in August, 2012, SMART's Board of Directors authorized SMART staff to construct public grade crossings along the IOS with SSM's that would allow those crossings to qualify for quiet zone status under federal law; and WHEREAS, pursuant to that direction, and in coordination with City staff, SMART constructed the grade crossings in San Rafael with prescribed SSM's, and the FRA has confirmed that the crossings meet federal criteria for a quiet zone; and WHEREAS, in order to help mitigate noise impacts related to SMART's passenger service in San Rafael, on December 1, 2014, the San Rafael City Council authorized City staff to begin the process to establish a quiet zone covering all the crossings on SMART's IOS within San Rafael; and WHEREAS, subsequently, on October 17, 2016, at the request of the City of Novato, the City Council conditionally authorized City staff instead to pursue establishment of a combined quiet zone that would encompass all the rail crossings along the IOS in both San Rafael and Novato, as well as in the County unincorporated area in between; and WHEREAS, City staff issued a Notice of Intent to establish the combined quiet zone, and the required 60 -day comment period has elapsed; therefore, the City is now in a position to proceed at its discretion to issue a Notice of Establishment setting the date upon which the combined quiet zone will go into effect; and WHEREAS, the City Council has directed City staff to establish the quiet zone contemporaneously with the commencement of SMART's commercial operations on the IOS; and WHEREAS, in consideration of SMART's installation of SSM's at the City's grade crossings, SMART requires, prior to the establishment of the quiet zone, that the City enter into an agreement with SMART concerning each party's responsibilities for maintenance and repair of the SSM's and other improvements in the City's quiet zone; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby approves and authorizes the City Manager to execute the "Agreement for Construction and Maintenance of Safety Improvements Related to Quiet Zone" attached hereto as Exhibit A and incorporated herein by reference, subject to final approval as to form by the City Attorney and final approval by the City's Public Works Director of the required exhibits to the Agreement. I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on the 6t" day of March, 2017, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: Gamblin ABSENT: COUNCILMEMBERS: None 2 ESTHER BEIRNE, City Clerk .Ttr S RDT= RECEIVE® Debora Fudge, Chair July 18, 2017 JUL 2 0 2017 Sonoma County Mayors and Councilmembers Association CITY ATTORNEY Kathrin Sears, Vice Chair RE: Agreement by and between City of San Rafael and Marin County Board of Supervisors Laraine Gittens Judy Arnold City Attorney's Office Marin County Board of Supervisors City of San Rafael Jim Eddie 1400 Fifth Avenue Golden Gate Bridge, San Rafael, CA 94901 Highway/Transportation District Dan Hilimer RE: Agreement by and between City of San Rafael and Marin Council of Mayors and SMART, Related to Quiet Zone Construction and Councilmembers Carol Russell Sonoma Mayors and Councilmembers Maintenance Eric Lucan Transportation Authority of Marin Dear Ms. Gittens, Jake Mackenzie Sonoma Mayors and Councilmembers Enclosed please find a fully executed original Agreement Association regarding the above -matter. Barbara Pahre Golden Gate Bridge, Highway/Transportation District Please contact me should you have any questions or comments. Gary Phillips Transportation Authority of Marin David Rabbitt Very truly yours, Sonoma County Board of Supervisors Carol Russell Sonoma Mayors and Councilmembers - Association Shirleeonora Patty J kpn, Sono -Mrea Rail Train Couane Sonoma County Board of Supervisors Legal Administrative Assistant Farhad Mansourian General Manager 5401 Old Redwood Highway Suite 200 Petaluma, CA 94954 Phone: 707-794-3330 Fax: 707-794-3037 www.sonamamarintrain.org AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF SAFETY IMPROVEMENTS RELATED TO OUIET ZONE THIS AGREEMENT is made and entered into this 01 day of � v L44 2017, by and between the City of San Rafael, hereinafter referred to as "the CITY", dnd the Sonoma -Marin Area Rail Transit District, a California special district, hereinafter referred to as "SMART". The CITY and SMART are collectively referred to as "Parties". RECITALS WHEREAS, SMART owns certain railroad right-of-way assets ("ROW") for passenger service in and through the CITY over which passenger trains are and will be operated in a manner that provides safety for motorists and pedestrians, including a system of warning signals and gates at grade crossings and the use of warning horns on trains as required by the Federal Railroad Administration ("FRA"), the California Public Utilities Commission ("CPUC") and any other governmental body with regulatory authority; and WHEREAS, the CITY has indicated a desire to establish a quiet zone for grade crossings within the CITY, as provided by FRA regulations; and WHEREAS, the FRA requires that a city wishing to establish a quiet zone must meet specified requirements and issue a Notice of Intent to establish a quiet zone, as provided by the FRA regulations; and WHEREAS, the CITY has issued such a Notice of Intent to establish a Quiet Zone within the City's jurisdictional limits. The boundaries of that Quiet Zone and the crossings it covers within the City's limits are shown on Exhibit "A" attached hereto and incorporated by this reference (the "Quiet Zone"); and WHEREAS, the CITY understands and acknowledges that the establishment of the Quiet Zone will result in the FRA directing all railroads operating within the Quiet Zone to comply with the FRA directive to cease the sounding of locomotive horns within the Quiet Zone, except under conditions provided under section 49 CFR part 222.23; and WHEREAS, SMART has, as part of its track reconstruction, constructed certain Supplemental Safety Measures (SSM's) within the CITY, as shown in Exhibits "B-1" through "B-9" attached hereto and incorporated herein by this reference (the "Quiet Zone Improvements"); and WHEREAS, it is anticipated that the construction of the Quiet Zone Improvements will assist the CITY in the process of establishing a Quiet Zone; and I WHEREAS, as part of the CITY's Quiet Zone establishment process a diagnostic review of each proposed Quiet Zone crossing has been conducted from Smith Ranch Road to the San Rafael Downtown Station located between Third and Fourth Streets, and those crossings have been approved as qualifying for Quiet Zone status as of the date of this Agreement; and WHEREAS, the CITY acknowledges that, after the City's Quiet Zone is initially established, additional SSM's and/or Alternative Safety Measures ("ASM's"), supplementing or modifying the Quiet Zone Improvements identified in Exhibit "B-1" through `B-9", may be required to be installed at the CITY's rail crossings for the purpose of maintaining the qualification of the CITY's Quiet Zone under requirements of the FRA, the CPUC and/or other regulatory agencies ("Future Quiet Zone Improvements"); and WHEREAS, while the CITY may in the future desire to install Future Quiet Zone Improvements at one or more of the CITY's rail crossings for the purpose of maintaining the CITY's Quiet Zone designation, the Parties acknowledge that this Agreement is not intended to apply to any such Future Quiet Zone Improvements, and that SMART does not, by this Agreement, agree or undertake any duty to pay or incur any cost or contribute monetarily to their design or installation, and the Parties further acknowledge that failure to install Future Quiet Zone Improvements may impact the FRA's quiet zone directive; and WHEREAS, the Parties wish to memorialize their agreement as to their respective obligations with respect to the maintenance and repair of the Quiet Zone Improvements; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, it is agreed as follows: AGREEMENT SMART Responsibilities. SMART shall: 1. Participate as reasonably necessary in diagnostic team evaluation meetings collectively arranged by the CITY and SMART per FRA and/or CPUC requirements from time to time. 2. Review preliminary and final reports, studies, and designs submitted by the CITY in relation to the establishment and continuation of the Quiet Zone. 3. Cooperate and provide technical assistance to the CITY in its efforts to establish, continue and/or re-establish a Quiet Zone. 4. After mailing the Notice of Establishment of a Quiet Zone by the CITY, as required by 2 the FRA or the CPUC, and upon the Quiet Zone establishment date specified in the Notice of Establishment, SMART as directed by the FRA, shall cease routine use of the locomotive horn at crossings identified by the CITY pursuant to 49 CFR Part 222.45, as amended from time to time, or any other applicable law. 5. SMART's rights and duties regarding the sounding of the locomotive horns shall be as set forth in 49 CFR Part 222.23, as amended from time to time, and by other applicable law that governs when the locomotive Engineer is required or has discretion to sound the locomotive horn; and nothing contained in this Agreement shall be construed to alter such rights and duties. 6. Maintain, repair, and replace the Quiet Zone Improvements identified as "SMART ROW -SMART MAINTAINED" on Exhibits `13-1" through `13-9", at SMART's expense, such that they remain in proper operating condition and fully compliant with applicable laws and regulations. 7. Except for urgent or emergency circumstances, for work performed within CITY's ROW, SMART shall obtain the applicable encroachment permit approvals from the CITY and any other regulatory agencies. CITY shall charge no fees for CITY permits issued pursuant to this Agreement. Except as may be otherwise provided by section 14 below, pursuant to CPUC General Order 7213, at all public crossings within the CITY, SMART shall maintain and repair the crossing areas between lines two (2) feet outside of the rails of each track, or, where two or more tracks are involved, the area between the tracks where the distance between the center lines of tracks is fifteen (15) feet or less measured at the center line of the road or highway normal to the tracks. 9. Notify the CITY if SMART becomes aware of any regulatory changes that affect the CITY's Quiet Zone. 10. Notify the CITY if SMART becomes aware of any modifications to the existing infrastructure near the Quiet Zone Improvements, regardless of whether the changes affect these facilities, to allow the CITY to anticipate impacts to the CITY's roadways. CITY Responsibilities. CITY shall: 11. Diligently review and administer any encroachment permit application from SMART in order to allow SMART to enter into CITY'S ROW as needed for the purpose of performing any work required pursuant to this Agreement. 12. When seeking to establish or continue a Quiet Zone within its jurisdiction, shall act as the lead agency and comply with the requirements set forth in 49 CFR Part 222 applicable to public authorities (as that term is defined in 49 CFR Part 222). As the lead agency, the CITY shall be responsible for securing any additional funding, permitting, environmental analysis, and approvals necessary to establish, continue or re-establish the Quiet Zone, and for producing studies and documentation as may be required by the regulations or administrative policies and procedures of the FRA and/or the CPUC, or other applicable policies or procedures. 13. Conduct, as part of its initial establishment of the Quiet Zone, an initial comprehensive diagnostic review (which the parties acknowledge has been performed and need not be performed again by reason of this Agreement) and thereafter shall perform periodic reviews on a schedule determined by the FRA, the CPUC, and any other governmental body with regulatory authority. These reviews will be conducted consistent with FRA and CPUC orders and regulations and will consider any changes to the use or crossings, together with the already constructed Quiet Zone Improvements and any other circumstances that may or will affect the continued qualification of the CITY crossings (shown in Exhibit "A") as a Quiet Zone. 14. Maintain, repair, and replace the Quiet Zone Improvements or other improvements identified as "CITY ROW -CITY MAINTAINED" on Exhibits "13-1" through "13-9", at CITY's expense, such that they remain in proper operating condition and fully compliant with applicable laws and regulations. 15. Except as may be otherwise provided in section 6 above, City shall maintain, pursuant to CPUC General Order 7213, the public roadway improvements, including raised medians, roadways, sidewalks, and paths of travel, outside of the crossing area described in Paragraph 8 above, at all crossings within the CITY. 16. Except for urgent or emergency circumstances, for work performed within SMART's ROW, CITY shall obtain the applicable encroachment permit approvals from SMART and any other regulatory agencies. SMART shall charge no fees for SMART permits issued pursuant to this Agreement. 17. Obtain, and at all times maintain in full force and effect, at its sole cost and expense, Comprehensive General Liability Insurance, or, if self-insured shall maintain excess liability coverage, and shall remove any exclusion relating to performance of operations within the vicinity of any railroad, bridge, trestle, track, roadbed, tunnel, underpass, or crossing from its general liability coverage for both the self-insured and excess policies. 18. Indemnify, defend and hold harmless SMART and/or any entity providing dispatch or passenger rail service or using SMART's ROW, from and against any and all claims, suits, losses, damages, costs, and expenses (including reasonable attorneys' fees and other defense costs), for injury or death and for loss and damage to property arising from the negligent acts or omissions or willful misconduct on the part of the CITY, its officers, agents, contractors, or employees in the construction, operation, repair or maintenance of 4 any improvements shown as CITY ROW -CITY MAINTAINED on Exhibits `13-1" through "B-9", and/or the performance of work pursuant to Paragraph 15 above; and as to such indemnification obligation, the CITY's insurance shall be primary insurance to SMART. 19. Establish a Quiet Zone page or link on the CITY website to provide more information regarding the Quiet Zone (i.e. www.citvofsanrafael.ore/auietzone). 20. Collaborate and cooperate with SMART to develop a community education and awareness program in order to educate the public regarding additional safety measures and what to expect once the Quiet Zone is established. PARTIES: 21. Should the FRA, the CPUC or any other governmental body with regulatory authority over SMART issue any regulation, rule, ordinance, or other law that would require an upgrade or the installation of Future Quiet Zone Improvements in order to maintain or re- establish the City's Quiet Zone, the Parties acknowledge that SMART shall not be responsible for any cost for construction, reconstruction or upgrades of the improvements for the purpose of maintaining the CITY's Quiet Zone designation. 22. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (1) placed in the United States mail, certified, return receipt requested, or (2) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days advance written notice of such change in address. If to SMART: SONOMA-MARIN AREA RAIL TRANSIT DISTRICT 5401 Old Redwood Highway, Ste. 200 Petaluma, CA 94954 Attention: Chief Engineer If to CITY: CITY OF SAN RAFAEL Attn: Public Works Director 111 Morphew Street San Rafael, CA 94901 5 With copy to: CITY OF SAN RAFAEL Attn: City Manager 1400 Fifth Avenue San Rafael, CA 94901 23. All questions concerning the interpretation or application of provisions of this Agreement shall be decided according to the laws of the State of California. Venue shall be the County of Marin. 24. To the maximum extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by, or held to be invalid under applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder or any other provision of this Agreement. 25. The Parties hereby acknowledge and agree that (a) each party has actively participated in the negotiation and drafting of this Agreement, (b) each such party has consulted or has had the opportunity to consult with their own independent counsel relative to matters contemplated under this Agreement, (c) each party and party's counsel have reviewed the Agreement, and (d) any rule of construction to the effect that ambiguities are to be resolved against the drafting party(ies) shall not apply in the interpretation of this Agreement, or any portions hereof or any amendments hereto. 26. This Agreement is the full and complete agreement between SMART and the CITY with respect to all matters relating to this Agreement, and supersedes any and all other agreements between the parties hereto relating to rights, responsibilities and obligations of the Parties as described herein. However, nothing herein is intended to terminate any surviving obligation of the CITY or SMART or the parties' obligations to defend and hold one another harmless in any prior written agreement between the parties. 27. Persons who are not parties to this Agreement shall have no rights or obligations as a result of this Agreement. This Agreement is between the parties hereto and no other person or entity is an express, intended, or implied third party beneficiary hereof. 28. Waiver. Any party's failure to enforce or exercise its rights with respect to any provision hereof shall not be construed as a waiver of such rights or of such provision. 29. Dispute Resolution. In the event of a dispute between the parties arising from this Agreement, the parties agree to attempt resolution informally, and then through non- binding mediation, prior to filing any court action to enforce this Agreement. 30. Recitals. The recitals are incorporated by this reference. 0 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. SONOMA-MARIN C By: Farhad Pansouriar. RAIL TRANSIT DISTRICT General General APPROVE AS TO FORM: By: Th rrias F. Lyons, Dis ict Counsel CITY OF SAN RAFAEL By: ,[.w.. n Jim ch tz, City M ATTEST: By: 0� Esther Beirne, City Clerk 7 'k - APPROVED AS TO FORM: By:�C Robert F. Epstein, City ttorn SMART— . Y 7 San Rafael- Novato Quiet Zone (Only San Rafael is shown) To Novato SMITH RANCH ROAD *Entry Gates w/ Median NORTH AVENUE *Entry Gates w/ Median 4 CIVIC CENTER DRIVE *Entry Gates w/ Medians CIVIC CENTER STATION HORN WILL SOUND UPON TRAIN DEPARTURE LAS GALLINAS PED XING *Pedestrian Gates & Swing Gates N. SAN PEDRO ROAD *Entry Gates w/ Medians I PALOMA AVENUE *Entry Gates PACHECO STREET *Entry Gates 4 Legend Train will not sound horn through crossing [ MISSION AVENUE *Quadrant Gates 5TH AVENUE *Quadrant Gates 4TH *Quadrant Quadrant Gates — Southern Limit of San Rafael — Novato Quiet Zone r SAN RAFAEL STATION HORN WILL SOUND UPON TRAIN DEPARTURE To Larkspur EXHIBIT A CITY TRAFFIC SIGNALS. TO BE MAINTAINED BY CITY 1+00 17° E 641 SMART VEHICLE DETECTION LOOPS MATCH CITY MAINTAINED STRAcf� STA 811+95.51 (E --ML -TRACK= STA 2+2500 rL FOURTH STREET 7 S79 -57'58"E; 265.00' FOURTH STREET r_ STA 811+54.97 ML TS BEGIN CONCRETE PANELS CE PROPOSED SMART I MAINTAINED�W _ N CONSTRUCTION SYMBOLS: 4 CITY SAN RAFAEL SIDINGO CONSTRUCT WORK BY OTHERS 9 g MAINTAINED �ANELS Y- © PEDESTRIAN ARM GATE REMOVE �A REMOVE 17 Q L-A BY OTHER 76 27 �1 P` 22 GRADE CROSSING O RELOCATE EXISTING < ) RELOCATED BY OTHERS LJ � DOT #8635205 _ ❑ EXISTING REMOVE AND CONSTRUCT I \ B 526 SMART VEHICLE VEHICULAR ,t PM GATE L_-ITO REMAIN DETECTION LOOPS I CONSTRUCTION NOTES: UTILITY POTHOLE NO. 1. CONCRETE MEDIAN, SEE DWG 1GX003 N 1752203.78 2. CURB& GUTTER PER CITY STANDARD 12 34 9 E 6411136.83 3 L 3. CURB, GUTTER & SIDEWALK PER CITY/COUNTY STD. 3+00 + Y 4. CURB PER CITY STANDARD �• -I-" ~ T ` CITY TRAFFIC I � � S. SIDEWALK PER CIN STANDARD I I SIA 811+82.34 ¢ MAINTAINED BY SIGNALS. TO BE 6. PCC CONCRETE I, I 12 oiA-FOL CITY LANT LEVER 7. REINFORCED CONCRETE PIPE PER CALTRANS STD A79 T 12 34 8. CONCRETE EDGE CURB, SEE 1 0X003 9 L 9. AC PAVEMENT i 13 10. INLET / CATCH BASIN 11. V-0" WIDE GROOVES PER CALTRANS STD A88A 12. CONFORM TO EXISTING PAVEMENT s WARNING SIGNAL13. CURB RAMP PER CALTRANS STD ABBA 66 14. STREET LIGHT 27 D 2 ! ti 15. 6" UNDERDRAIN, SEE DWG 1 GX001 STA 811+41.00 CL SAN RAFAEL SONG VEHICLE DETECTION 16. TRAFFIC SIGNAL 3 BEGIN CONCRETE PANELS ` : LOOP 17. VALVE 0 CE PROPOSED SAN RAFAEL SONG ~ � 18. MANHOLE PLAN TRAFFIC SIGNAL 19. UTILITY POLE SCALE: 1"=20' 20. DITCH 21. ELECTR CAL EQUIPMENT NOTES: 1. CITY SHALL MAINTAIN ROADWAY INFRASTRUCTURE INCLUDING PAVEMENT, CURB AND GUTTER AND ACCESS RAMPS 2. CITY SHALL MAINTAIN MEDIANS INCLUDING BUT NOT LIMITED TO LANDSCAPING, CURB AND GUTTER, IRRIGATION SY STEMS AND ASSOCIATED INFRASTRUCTURE THAT SERVICES THE MEDIANS 3. SMART SHALL MAINTAIN ALL RAIL INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO SIGNAL POLES, MAST ARMS, CONCRETE PANELS AT THE CROSSINGS, CONDUITS THAT SERVICE RAIL SIGNAL SYSTEMS PREPNiED BY I Ro I St -11 ICK Q �Y / 1D VILLAFRANCPI h��' V l LA FR' ,\ I DIMNB BY 1 :� (r Ut TION 'c E�MEL' ErY EEKS 1 201409'2 REVSON CORRECTION, ADD'L NOTE I N MAHER I C 20140621 SSUED FOR CONSTRUCT ON u>. xow / w Cnvtce C I J}yr wa �r 11 are Ili 1 REV DA7 BY SJB MR DESCR,FnDN ,P�` CAL 1 DATE27. 201.41 SMART ROW - 22• PEDESTRIAN WARNING DEVICE AND GATE W/ FLASHER (BY OTHERS). SMART 23. FLASHING LIGHT SIGNAL ASSEMBLY (BY OTHERS) MAINTAINED 24. DRIVEWAY 25. FLASHING LIGHT SIGNAL ASSEMBLY WITH AUTOMATIC GATE ARM (BY OTHERS) 26. FLASHING LIGHT SIGNAL ASSEMBLY OVER THE ROADWAY ON A CANTILEVERED ARM (BY OTHERS) CITY ROW - CITY 27• PEDESTRIAN SWING GATE MAINTAINED 28. DETECTABLE WARNING SURFACE PER CALTRANS STANDARD A88A 29 METAL HAND RAILING 4. CITY SHALL MAINTAIN THE QUEUE CUTTER INFRASTRUCTURE AT MISSION AVENUE, FIFTH AVENUE, AND FOURTH STREET INCLUDING BUT NOT LIMITED TO THE QUEUE CUTTER SIGNAL POLES, ELECTRICAL SYSTEMS AND CONDUITS THAT SERVICE THESE SYSTEMS 5. SMART AND THE CITY AGREE TO NOTIFY EACH OTHER OF ANY WORK IN THE AREA OF THE CROSSING AND AGREE TO ACQUIRE THE NECESSARY PERMITTING FORM EACH AGENCY PRIOR TO PERORMING WORK IN OR NEAR EITHER RIGHT OF WAY LIMIT SHOWN ON THIS PLAN. EMERGENCY WORK SHALL BE ALLOWED AS LONG AS NOTIFICATION IS PROVIDED TO EACH RESPECTIVE AGENCY WITHIN 72 HOURS AFTER WORK IS COMPLETED 30. WIRE MESH TYPE FENCE 31. CHAIN LINK FENCE PER CALTRANS STANDARD A85 32. BOLLARD 33. PRECAST CONCRETE PANEL CROSSING SYSTEM 34. SAWCUT 35. RETAINING WALL 36. UNDERGROUND UTILITY 37. PEDESTRIAN BARRICADE (TY�1)�CALTRA�NSSTD ES70 GENERAL NOTES. 1. REFER TO DRAWING 1GN001 AND 1GN002 FOR LEGEND AND ABBREVIATIONS. 2. REFER TO TRACK PLAN AND PROFILES FOR TRACK ALIGNMENTS AND ELEVATIONS. 3. REFER TO DRAWING 1GX001 FOR GRADE CROSSING TYPICAL SECTIONS AND DETAILS. 4. CITY STANDARDS ARE MARIN COUNTY UCS. 5. STATION AND OFFSETS ARE TO THE TOP FACE OF CURB UNLESS OTHERWISE NOTED. CARD FlLENMIE DESIGN PACKAGE 1 - -- CONTRACT PACKAGE #4 1GX100.dwg GRADE CROSSINGS SCALE CONTRACT NO. PLAN AND PROFILE AS NOTED ICV -DB -I2 -OC' 100% DESIGN SUBMITTAL FOURTH STREET DWG, NO. M'LEPDS' 1 GX 100 I 17.0 SHEET 62 OF 156 EXHIBIT B-1 SMART 3 MAINTAINED CITY T K & MAINTAINED CITY TRAFFIC SIGNALS. TO BE 9 12 34 MAINTAINED BY i CITY 4 1+0o E 25 S80'04'07"E 2600. FIFTH AVENUE 12 , lL�]G9G US SMART VEHICLE _ DETECTION LOOPS ML TRACK= 9 12 34 TA +00.0 � F FTH AVENUE r� CE PROPOSED ML PLAN SCALE: 1 "=20' N CITY MAINTAINED GRADE CROSSING DOT #663519X q a2 4 kA 814+46.01 q ML TRACK BEG N CONCRETE PANEL SMART VEHICLE DETECTION LOOPS 3+00 L CITY TRAFFIC SIGNALS. TO BE MAINTAINED BY CITY N 1752491.08 E 6411157.48 CONSTRUCT ON SYMBOLS: OCONSTRUCT ; 1 WORK BY OTHERS PEDESTRIAN ARM GATE Q REMOVE A% REMOVE L-A BY OTHER r� RELOCATE EXISTING < )RELOCATED BY OTHERS ❑ REMOVE AND CONSTRUCT j 1 EX STING L_-ITO REMAIN 22. PEDESTRIAN WARNING DEVICE AND GATE W/ SMART ROW - FLASHER (BY OTHERS). 23. FLASHING LIGHT SIGNAL ASSEMBLY (BY OTHERS). SMART 24. DRIVEWAY MAINTAINED 25 AUTOMATICFLASHING LIGHT G E AIRMA(BYSSEMBLY OTHERS)WRH 26. FLASHING LIGHT SIGNAL ASSEMBLY OVER THE ROADWAY ON A CANTILEVERED ARM (BY OTHERS) 27 PEDESTRIAN SW NG GATE W VEHICULAR ARM CATE S UTILITY POTHOLE No. CONSTRUCTION NOTES: 1. CONCRETE MEDIAN, SEE DWG 1GX003 _ 2. CURB & GUTTER PER CITY STANDARD 9 NOTES: 3. CURB, GUTTER & SIDEWALK PER CFTY/COUNTY STD. a 1. CITY SHALL MAINTAIN ROADWAY INFRASTRUCTURE 4. CURB PER CITY STANDARD " INCLUDING PAVEMENT, CURB AND GUTTER AND ACCESS 5. SIDEWALK PER CITY STANDARD RAMPS 6. PCC CONCRETE 7. REINFORCED CONCRETE PIPE PER CALTRANS STD A,9 g d DANT LEVER 8. CONCRETE EDGE CURB, SEE 1GX003 LIMITED TO LANDSCAPING, CURB AND GUTTER, IRRIGATION 36. UNDERGROUND UTLTY 2 SYSTEMS AND ASSOCIATED INFRASTRUCTURE THAT 9. AC PAVEMENT SERVICES THE MEDIANS 10. INLET / CATCH BASIN 11. 1'-0" WIDE GROOVES PER CALTRANS STD A88A a 3. SMART SHALL MAINTAIN ALL RAIL INFRASTRUCTURE 12. CONFORM TO EXISTING PAVEMENT e INCLUDING BUT NOT LIMITED TO SIGNAL POLES, MAST 13. CURB RAMP PER CALTRANS STD A88A s WARNING SIGNAL 14. STREET LIGHT THAT SERVICE RAIL SIGNAL SYSTEMS 15. 6" UNDERDRAIN, SEE DWG 1GX001 VEHICLE DETECTION 16. TRAFFIC SIGNAL 17. VALVE S LOOP _ -D' i 4. CITY STANDARDS ARE MARIN COUNTY UCS. 18. MANHOLE FACE OF CURB UNLESS OTHERWISE NOTED. I SHI ICK 19. UTILITY POLE TRAFFIC SIGNAL 20. DITCH 21. ELECTRICAL EQUIPMENT 22. PEDESTRIAN WARNING DEVICE AND GATE W/ SMART ROW - FLASHER (BY OTHERS). 23. FLASHING LIGHT SIGNAL ASSEMBLY (BY OTHERS). SMART 24. DRIVEWAY MAINTAINED 25 AUTOMATICFLASHING LIGHT G E AIRMA(BYSSEMBLY OTHERS)WRH 26. FLASHING LIGHT SIGNAL ASSEMBLY OVER THE ROADWAY ON A CANTILEVERED ARM (BY OTHERS) 27 PEDESTRIAN SW NG GATE W CITY ROW - CITY 26. DETECTABLE WARNING SURFACE PER CALTRANS STANDARD A88A MAINTAINED _ 29. METAL HANG RAILING 9 NOTES: 4. CITY SHALL MAINTAIN THE QUEUE CUTTER 30. WIRE MESH TYPE FENCE a 1. CITY SHALL MAINTAIN ROADWAY INFRASTRUCTURE 31. CHAIN _INK FENCE PER CALTRANS STANDARD A85 " INCLUDING PAVEMENT, CURB AND GUTTER AND ACCESS INFRASTRUCTURE AT MISSION AVENUE, FIFTH AVENUE, 32. BOLLARD RAMPS AND FOURTH STREET INCLUDING BUT NOT LIMITED TO THE QUEUE CUTTER SIGNAL POLES, ELECTRICAL SYSTEMS AND 33. PRECAST CONCRETE PANEL CROSSING SYSTEM g d 2. CITY SHALL MAINTAIN MEDIANS INCLUDING BUT NOT CONDUITS THAT SERVICE THESE SYSTEMS 34 SAWCUT 35. REiA'NING WALL LIMITED TO LANDSCAPING, CURB AND GUTTER, IRRIGATION 36. UNDERGROUND UTLTY 2 SYSTEMS AND ASSOCIATED INFRASTRUCTURE THAT 5. SMART AND THE CITY AGREE TO NOTIFY EACH OTHER 37. PEDESTRIAN BARRICADE (TYPE I' PER CA. TRANS STD SERVICES THE MEDIANS OF ANY WORK IN THE AREA OF THE CROSSING AND AGREE ES7Q TO ACQUIRE THE NECESSARY PERMITTING FORM EACH GENERAL NOTES. a 3. SMART SHALL MAINTAIN ALL RAIL INFRASTRUCTURE AGENCY PRIOR TO PERORMING WORK IN OR NEAR EITHER 1. REFER TO DRAWING 1GN001 AND 1GN002 e INCLUDING BUT NOT LIMITED TO SIGNAL POLES, MAST RIGHT OF WAY LIMIT SHOWN ON THIS PLAN. EMERGENCY FOR LEGEND AND ABBREVIATIONS. s ARMS, CONCRETE PANELS AT THE CROSSINGS, CONDUITS WORK SHALL BE ALLOWED AS LONG AS NOTIFICATION IS 2. REFER TO TRACK PLAN AND PROFILES FOR TRACK ALIGNMENTS AND ELEVATIONS. THAT SERVICE RAIL SIGNAL SYSTEMS PROVIDED TO EACH RESPECTIVE AGENCY WITHIN 72 3. REFER TO DRAWING 1GX001 FOR GRADE HOURS AFTER WORK IS COMPLETEDCROSSING TYPICAL SECTIONS AND DETAILS. 2D' 20' 40' S _ -D' i 4. CITY STANDARDS ARE MARIN COUNTY UCS. 5. STATION AND OFFSETS ARE TO THE TOP SCALE FACE OF CURB UNLESS OTHERWISE NOTED. I SHI ICK PR�Anm BY �Q` 0j"� J. VILLAFRANCP DESIGN PACKAGE 1 q DRAWN BY h ' � E. MEEKS CADD FlLENAME CONTRACT PACKAGE #4 1GX110.dwg L__._._._ �__ ___:__;r SCALE CONTRACT ND. L U ; I IUN o ` � GRADE CROSSINGS CHECKED BY J. MAHER AS NOTED CV -DB -12 001 I A PLAN AND PROFILE DWG. NO. MILEPOST s 0 2D140627 ISSUED FOR CONSTRUCTION I IN cNARCE M. HU `° "' .� 100% DESIGN SUBMITTAL ATFa FIFTH AVENUE 76mminInmmor 1 GX 1 10 I 17.1 aREV DATE BY SUB APR DESCRIPnDN I DATE aL JUN 27, 2014 SHEET 67 OF 156 EXHIBIT B-2 CITY TRAFFIC SIGNALS. TO BE MAINTAINED BY CITY STA 818+33.41 CL ML TRACK END CONCRETE PANELS 0 `33 SMART VEHICLE DETECTION LOOPS CITY 1+00 578'48'16"E, 250100'"- MAINTAINED MISSION AVENUE STA 818+00.38 CL ML TRACK= STA 2+25.00 �_ MISSION AVENUE CE PROPOSED M SMART 1 MAINTAINED', 3 0 = o' PLAN SCALE: 1"=20' GRADE CROSSING DOT #86351BR SMART VEHICLE 12 DETECTION LOOPS -[ 9 } +00 3+50 D 12 34 CITY 2 34 E 6452795x/ MAINTAINED f NJ rLW STA 817+6B 41 CL ML TRACK BEGIN CONCRETE PANELS CITY TRAFFIC SIGNALS. TO BE MAINTAINED BY CITY N 0 7 VI:A PEDESTRIAN ARM GATE VFHICUI AR ARM CATF CANTILEVER C WARNING SIGNAL VEHICLE DETECTION LOOP TRAFFIC SIGNAL CONSTRUCTION SYMBOLS: OCONSTRUCT ; WORK BY OTHERS SMART ROW - Q REMOVE A� REMOVE BY OTHER L-A RELOCATE EXISTING < ) RELOCATED BY OTHERS LJ E]REMOVE AND CONSTRUCT I I EX STING L_ -I TO REMAIN CONSTRUCTION NOTES: UTILITY POTHOLE N0. 1. CONCRETE MEDIAN, SEE DWG 1 GX003 2. CURB & GUTTER PER CITY STANDARD 3. CURB, GUTTER & SIDEWALK PER CITY/COUNTY STD. 4. CURB PER CITY STANDARD 5. SIDEWALK PER CITY STANDARD 6. PCC CONCRETE 7. REINFORCED CONCRETE PIPE PER CALTRANS STD A79 8. CONCRETE EDGE CURB, SEE 1GX003 9. AC PAVEMENT 10. INLET / CATCH BASIN 11. 1'-0" WIDE GROOVES PER CALTRANS STD A88A 12. CONFORM TO EXISTING PAVEMENT 13. CURB RAMP PER CALTRANS STD A88A 14. STREET LIGHT 15. 6" UNDERDRAIN, SEE DWG 1GX001 16. TRAFFIC SIGNAL 17. VALVE 18. MANHOLE 19. UTILITY POLE 20. DITCH 21. ELECTRICAL EQUIPMENT 22. PEDESTRIAN WARNING DEVICE AND GATE W/ FLASHER (BY OTHERS). 23. FLASHING LIGHT SIGNAL ASSEMBLY (BY OTHERS). 24. DRIVEWAY 25. FLASHING LIGHT SIGNAL ASSEMBLY WITH I SHI ICK A 0 20140627 ISSUED FOR CONSTRUCTION v REV DATE BY SUB APR DESCRIPDON PREPARED BY QQ�T014� J. VILLAFRANCP �,\LLA FR' G DRAWN BY +9 y E. MEEKS U O J CHECKED BY J. MAHER IN CH E,.. oenoi,s I M. HU ArFO`DATE IJUN 27, 2014 DESIGN PACKAGE 1 100% DESIGN SUBMITTAL CONTRACT PACKAGE #4 CARD 1 GX120.d0.d E wg SCALE CONTRACT NO. GRADE CROSSINGS - �, DW NOTED ICV -DB -12-001 SMAGRADE CROSSINGS PLAN AND PROFILE MISSION AVE DWG. NO. MILEPOST SHEET 72 OF 156 1GX120 17.1 EXHIBIT B-3 SMART ROW - AUTOMATIC GATE ARM (BY OTHERS) 26. FLASHING LIGHT SIGNAL ASSEMBLY OVER THE ROADWAY SMART ON A CANTILEVERED ARM (BY OTHERS) MAINTAINED 27. PEDESTRIAN SWING GATE 28. DETECTABLE WARNING SURFACE PER CALTRANS STANDARD A88A NOTES: 4. CITY SHALL MAINTAIN THE QUEUE CUTTER 29. METAL HAND RAILING 1. CITY SHALL MAINTAIN ROADWAY INFRASTRUCTURE INFRASTRUCTURE AT MISSION AVENUE, FIFTH AVENUE, 30. WIRE MESH TYPE FENCE INCLUDING PAVEMENT, CURB AND GUTTER AND ACCESS AND FOURTH STREET INCLUDING BUT NOT LIMITED TO THE CITY ROW - CITY 31. CHAIN LINK FENCE PER CALTRANS STANDARD ABS RAMPS QUEUE CUTTER SIGNAL POLES, ELECTRICAL SYSTEMS AND MAINTAINED 32. BOLLARD CONDUITS THAT SERVICE THESE SYSTEMS 33. PRECAST CONCRETE PANEL CROSSING SYSTEM 2. CITY SHALL MAINTAIN MEDIANS INCLUDING BUT NOT 34. SAWCUT LIMITED TO LANDSCAPING, CURB AND GUTTER, IRRIGATION 5. SMART AND THE CITY AGREE TO NOTIFY EACH OTHER 35. RETAINING WALL SYSTEMS AND ASSOCIATED INFRASTRUCTURE THAT OF ANY WORK IN THE AREA OF THE CROSSING AND AGREE 36. UNDERGROUND UTILITY SERVICES THE MEDIANS TO ACQUIRE THE NECESSARY PERMITTING FORM EACH 37. PEDESTRIAN BARRICADE (TYPE 1) PER CALTRANS STD AGENCY PRIOR TO PERORMING WORK IN OR NEAR EITHER ES70 3. SMART SHALL MAINTAIN ALL RAIL INFRASTRUCTURE RIGHT OF WAY LIMIT SHOWN ON THIS PLAN. EMERGENCY GENERAL NOTES: INCLUDING BUT NOT LIMITED TO SIGNAL POLES, MAST WORK SHALL BE ALLOWED AS LONG AS NOTIFICATION IS 1. REFER DRAWING AND 1GN002 FOR LEGGEE ND AND ABBBREVIAREVIA TIONS. ARMS, CONCRETE PANELS AT THE CROSSINGS, CONDUITS PROVIDED TO EACH RESPECTIVE AGENCY WITHIN 72 2. REFER TO TRACK PLAN AND PROFILES FOR THAT SERVICE RAIL SIGNAL SYSTEMS HOURS AFTER WORK IS COMPLETED TRACK ALIGNMENTS AND ELEVATIONS. 3. REFER TO DRAWING 1GX001 FOR GRADE CROSSING TYPICAL SECTIONS AND DETAILS. 20' 0' 20' 40' 4, CITY STANDARDS ARE MARIN COUNTY UCS. SCALE 5. STATION AND OFFSETS ARE TO THE TOP FACE OF CURB UNLESS OTHERWISE NOTED I SHI ICK A 0 20140627 ISSUED FOR CONSTRUCTION v REV DATE BY SUB APR DESCRIPDON PREPARED BY QQ�T014� J. VILLAFRANCP �,\LLA FR' G DRAWN BY +9 y E. MEEKS U O J CHECKED BY J. MAHER IN CH E,.. oenoi,s I M. HU ArFO`DATE IJUN 27, 2014 DESIGN PACKAGE 1 100% DESIGN SUBMITTAL CONTRACT PACKAGE #4 CARD 1 GX120.d0.d E wg SCALE CONTRACT NO. GRADE CROSSINGS - �, DW NOTED ICV -DB -12-001 SMAGRADE CROSSINGS PLAN AND PROFILE MISSION AVE DWG. NO. MILEPOST SHEET 72 OF 156 1GX120 17.1 EXHIBIT B-3 TT '7 STA 824+79.26 (� END CONCRETE PE --- C-- PACHECO STREET CITY 1+00 S74'24'47"E, 209.73' INTAINED12 34 I N 1753477.61 , E 6411164.01 A94 STA 824+14.26 [� ML TRACK BEGIN CONCRETE PANELS (� PROPOSED NOTES: 1. CITY SHALL MAINTAIN ROADWAY INFRASTRUCTURE INCLUDING PAVEMENT, CURB AND GUTTER AND ACCESS RAMPS 2. CITY SHALL MAINTAIN MEDIANS INCLUDING BUT NOT LIMITED TO LANDSCAPING, CURB AND GUTTER, IRRIGATION SYSTEMS AND ASSOCIATED INFRASTRUCTURE THAT SERVICES THE MEDIANS 3. SMART SHALL MAINTAIN ALL RAIL INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO SIGNAL POLES, MAST ARMS, CONCRETE PANELS AT THE CROSSINGS, CONDUITS THAT SERVICE RAIL SIGNAL SYSTEMS 9 0 20140627 v REV DATE BY SUB APR Sr --MAR IMAINTAINEDI PLAN SCALE: 1 "=20' 6 4 5 6 CITY MAINTAINED ° 12 34 N 1753421.26 f E 6411366.04 � 12 STA 824+46.76 � ML TRACK= STA 1+86.27 PACHECO STREET 3709.73 Sm 4. CITY SHALL MAINTAIN THE QUEUE CUTTER INFRASTRUCTURE AT MISSION AVENUE, FIFTH AVENUE, AND FOURTH STREET INCLUDING BUT NOT LIMITED TO THE QUEUE CUTTER SIGNAL POLES, ELECTRICAL SYSTEMS AND CONDUITS THAT SERVICE THESE SYSTEMS 5. SMART AND THE CITY AGREE TO NOTIFY EACH OTHER OF ANY WORK IN THE AREA OF THE CROSSING AND AGREE TO ACQUIRE THE NECESSARY PERMITTING FORM EACH AGENCY PRIOR TO PERORMING WORK IN OR NEAR EITHER RIGHT OF WAY LIMIT SHOWN ON THIS PLAN. EMERGENCY WORK SHALL BE ALLOWED AS LONG AS NOTIFICATION IS PROVIDED TO EACH RESPECTIVE AGENCY WITHIN 72 HOURS AFTER WORK IS COMPLETED 20' O' 20' 40' 4. CITY STANDARDS ARE MARIN COUNTY UCS. SCALE 5. STATION AND OFFSETS ARE TO THE TOP FACE OF CURB UNLESS OTHERWISE NOTED. PREPMm BTCADD J. VILLAFRANC CONTRACT PACKAGE #4 1GX FILENAME SH/ /CK DESIGN PACKAGE 1 _ KALE aW9 DRANN BY Ju._-...-.-++ �. uc.ilVN IE. MEEKS L GRADE CROSSINGS s°aE CV -DBT 1 j . MA BY a A �. �� AS NOTED ICV -DB -I2 -ODI IJ. MAHER � I~' � � � PLAN AND PROFILE PACHECO STREET DWG. NO. MILEPOST IN CHARGE 100% DESIGN SUBMITTAL __ 1 GX130 I 17.3 wTT: oescRiPrroR I IJDN 27, 2014 SHEET 77 OF 156 EXHIBIT B-4 CONSTRUCT ON SYMBOLS: N a7jp O CONSTRUCT WORK BY OTHERS p PFf1FSTP,IAN ARM GATF © REMOVE �A REMOVE Q L_� BY OTHER � r1 O RELOCATE EXISTING <` RELOCATED BY OTHERS J) ❑ REMOVE AND CONSTRUCT I EXISTING L_J TO REMAIN 1 1 VEH :I: U LAR ARM GATE UTILITY POTHOLE N0. CONSTRUCTION NOTES: 1. CONCRETE MEDIAN, SEE DWG 1GX003 2. CURB& GUTTER PER CITY STANDARD 3 CURB, GUTTER & SIDEWALK PER CITY/COUNTY STD. 4. CURB PER CITY STANDARD 5. SIDEWALK PER CITY STANDARD 6. PCC CONCRETE CANTILEVER 7. REINFORCED CONCRETE PIPE PER CALTRANS STD A79 8. CONCRETE EDGE CURB. SEE 1 GX003 9. AC PAVEMENT 10. INLET / CATCH BASIN 11. 1'-O" WIDE GROOVES PER CALTRANS STD A88A 12 CONFORM TO EXISTING PAVEMENT WARNING SIGNAL 13. CURB RAMP PER CALTRANS STD A88A 14. STREET LIGHT ti 15. 6" UNDERDRAIN, SEE DWG 1GXOD1 VEHICLE DETECTION 16. TRAFFIC SIGNAL LOOP 17. VALVE 18. MANHOLE TRAFFIC SIGNAL 19. UTILITY POLE 20. D TCH 21. ELECTR CAL EQUIPMENT SMART ROW - 22• PEDESTRIAN WARNING DEVICE AND GATE W/ FLASHER (BY OTHERS). SMART 23. FLASHING LIGHT SIGNAL ASSEMBLY (BY OTHERS) MAINTAINED 24. DRIVEWAY 25. FLASHING LIGHT SIGNAL ASSEMBLY WITH AUTOMATIC GATE ARM (BY OTHERS) 26. FLASHING LIGHT SIGNAL ASSEMBLY OVER THE ROADWAY ON A CANTILEVERED ARM (BY OTHERS) CITY ROW - CITY 27. PEDESTRIAN SWING GATE MAINTAINED 28. DETECTABLE WARNING SURFACE PER CALTRANS STANDARD A88A 29. METAL HAND RAILING 30. WIRE MESH TYPE FENCE 31. CHAIN LINK FENCE PER CALTRANS STANDARD A85 32. BOLLARD 33. PRECAST CONCRETE PANEL CROSSING SYSTEM 34. SAWCUT 35. RETAINING WALL 36. UNDERGROUND UTILITY 37. PEDESTRIAN BARRICADE (TYPE 1) PER CALTRANS STD ES70 GENERAL NOTES: 1. REFER TO DRAWING 1GN001 AND 1GN002 NOT FOR CONSTRUCTION FOR LEGEND AND ABBREVIATIONS. 95% SUBMITTAL 2. REFER TO TRACK PLAN AND PROFILES FOR TRACK ALIGNMENTS AND ELEVATIONS. 3. REFER TO DRAWING 1GX001 FOR GRADE CROSSING TYPICAL SECTIONS AND DETAILS. 20' O' 20' 40' 4. CITY STANDARDS ARE MARIN COUNTY UCS. SCALE 5. STATION AND OFFSETS ARE TO THE TOP FACE OF CURB UNLESS OTHERWISE NOTED. PREPMm BTCADD J. VILLAFRANC CONTRACT PACKAGE #4 1GX FILENAME SH/ /CK DESIGN PACKAGE 1 _ KALE aW9 DRANN BY Ju._-...-.-++ �. uc.ilVN IE. MEEKS L GRADE CROSSINGS s°aE CV -DBT 1 j . MA BY a A �. �� AS NOTED ICV -DB -I2 -ODI IJ. MAHER � I~' � � � PLAN AND PROFILE PACHECO STREET DWG. NO. MILEPOST IN CHARGE 100% DESIGN SUBMITTAL __ 1 GX130 I 17.3 wTT: oescRiPrroR I IJDN 27, 2014 SHEET 77 OF 156 EXHIBIT B-4 CITY MAINTAINED PALOMA AVE PALOMA AVENUE SMART MAINTAINED STA 831+50.23 Q ML TRACK= END CONCRETE PANELS PLAN SCALE: 1"=20 6 24 3+00 1�-7 -71 CITY MAINTAINED 12 STA 831+24.79 (� ML TRACK= STA 2+25.00 � PALOMA AVENUE NOTES: 1. CITY SHALL MAINTAIN ROADWAY INFRASTRUCTURE INCLUDING PAVEMENT, CURB AND GUTTER AND ACCESS RAMPS 2. CITY SHALL MAINTAIN MEDIANS INCLUDING BUT NOT LIMITED TO LANDSCAPING, CURB AND GUTTER, IRRIGATION SYSTEMS AND ASSOCIATED INFRASTRUCTURE THAT SERVICES THE MEDIANS 3. SMART SHALL MAINTAIN ALL RAIL INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO SIGNAL POLES, MAST ARMS, CONCRETE PANELS AT THE CROSSINGS, CONDUITS THAT SERVICE RAIL SIGNAL SYSTEMS 4. CITY SHALL MAINTAIN THE QUEUE CUTTER INFRASTRUCTURE AT MISSION AVENUE, FIFTH AVENUE, AND FOURTH STREET INCLUDING BUT NOT LIMITED TO THE QUEUE CUTTER SIGNAL POLES, ELECTRICAL SYSTEMS AND CONDUITS THAT SERVICE THESE SYSTEMS 5. SMART AND THE CITY AGREE TO NOTIFY EACH OTHER OF ANY WORK IN THE AREA OF THE CROSSING AND AGREE TO ACQUIRE THE NECESSARY PERMITTING FORM EACH AGENCY PRIOR TO PERORMING WORK IN OR NEAR EITHER RIGHT OF WAY LIMIT SHOWN ON THIS PLAN. EMERGENCY WORK SHALL BE ALLOWED AS LONG AS NOTIFICATION IS PROVIDED TO EACH RESPECTIVE AGENCY WITHIN 72 HOURS AFTER WORK IS COMPLETED l i PEDESTRIAN ARM GATE VEH CULAP ARM GATE CANTLEVER WAPNING SIGNAL VEHICLE DETECTION LOOP TRAFFIC SIGNAL I CONSTRUCTION SYMBOLS: OCONSTRUCT ; I WORK BY OTHERS Q REMOVE \ REMOVE BY OTHER O RELOCATE EXISTING < ) RELOCATED BY OTHERS LJ 1:1REMOVE AND CONSTRUCT I I EXISTING L_i TO REMAIN SMART RT ROW 19 UTILITY POTHOLE N0. CONSTRUCTION NOTES: v v - CONCRETE MEDIAN, SEE DWG 1GX003 PEDESTRIAN WARNING DEVICE AND GATE W/ CURB & GUTTER PER CITY STANDARD s. CURB, GUTTER & SIDEWALK PER CITY/COUNTY STD. . CURB PER CITY STANDARD MAINTAINED SIDEWALK PER CITY STANDARD FLASHING LIGHT SIGNAL ASSEMBLY (BY OTHERS). PCC CONCRETE REINFORCED CONCRETE PIPE PER CALTRANS STD A79 DRIVEWAY CONCRETE EDGE CURB, SEE 1GX003 25. AC PAVEMENT 0. INLET / CATCH BASIN 1. 1'-O" WIDE GROOVES PER CALTRANS STD A88A 2 CONFORM TO EXISTING PAVEMENT 3. CURB RAMP PER CALTRANS STD A88A 4. STREET LIGH- 5. 6" UNDERDRAIN, SEE DWG 1GX001 6. TRAFFIC SIGNAL 7. VALVE B. MANHOLE 9. UTILITY POLE 20. D TCH SMART RT ROW 21. ELECTRICAL EQUIPMENT v v - 22. PEDESTRIAN WARNING DEVICE AND GATE W/ SMART 3. REFER TO DRAWING 1GX001 FOR GRADE FLASHER (BY OTHERS). MAINTAINED 23. FLASHING LIGHT SIGNAL ASSEMBLY (BY OTHERS). E 24. DRIVEWAY 2�0' 25. FLASHING LIGHT SIGNAL ASSEMBLY WITH AUTOMATIC GATE ARM (BY OTHERS) CITY ROW 26. FLASHING LIGHT SIGNAL ASSEMBLY OVER THE ROADWAY 5 STATION AND OFFSETS ARE TO THE TOP -CITY ON A CANTILEVERED ARM (BY OTHERS) MAINTAINED 27' PEDESTRIAN SWING GATE PREPARM BT J. VILLAFRANCA DESIGN PACKAGE 1 -- - 28. DETECTABLE WARNING SURFACE PER CALTRANS (� %%��{ I V�/ ICK \ c u I. )N DRAWN BY E. MEEKS _ -�•_: _._u __�u__J:L L._ STANDARD A88A N 29. METAL HAND RAILING 30. WIRE MESH TYPE FENCE 31. CHAIN LINK FENCE PER CALTRANS STANDARD A85 PALOMA AVENUE DWG. NO. MILEPOST 32. BOLLARD M 100% DESIGN SUBMITTAL 33. PRECAST CONCRETE PANEL CROSSING SYSTEM REV DATE BY sue APR BEscRPnaN 34. SAWCUT 35. RETAINING WALL 36. UNDERGROUND UTILITY EXHIBIT B-5 37. PEDESTRIAN BARRICADE (TYPE 1) PER CALTRANS STD ES7Q GENERAL NOTES: 1. REFER TO DRAWING 1GN001 AND 1GN002 NOT FOR CONSTRUCTION FOR LEGEND AND ABBREVIATIONS. 95% SUBMITTAL 2. REFER TO TRACK PLAN AND PROFILES FOR a TRACK ALIGNMENTS AND ELEVATIONS. 3. REFER TO DRAWING 1GX001 FOR GRADE CROSSING TYPICAL SECTIONS AND DETAILS. E 20' 0 2�0' 4 CITY STANDARDS ARE MARIN COUNTY UCS. 5 STATION AND OFFSETS ARE TO THE TOP - SCALE FACE OF CURB UNLESS OTHERWISE NOTED. I PREPARM BT J. VILLAFRANCA DESIGN PACKAGE 1 -- - CARD MENMIE CONTRACT PACKAGE #4 1GX140.dwg (� %%��{ I V�/ ICK \ c u I. )N DRAWN BY E. MEEKS _ -�•_: _._u __�u__J:L L._ SCALE I CONTRACT N0. GRADE CROSSINGS N I CRECBY AS NOTED CV -DB -12-001 PLAN AND PROFILE MA EER =SMART= PALOMA AVENUE DWG. NO. MILEPOST z o 20140627 M 100% DESIGN SUBMITTAL 1 GX 140 17.4 REV DATE BY sue APR BEscRPnaN I DAM JUN 27„ 2014 SHEEP 81 OF 156 EXHIBIT B-5 cTn � COUNTY T71EANEL DICTIO JURIS N \ REMOVE TREE `:'IN `: 2 IN MEDIAN ip Q 1+00 MEDIAN MAINTAINED BY CITY z 2 20141112 1 20140912 0 20140627 REV DATE STA 902+44.21 ML TI BEGIN CONCRETE PANEL REVISION 2 - WARNING DEV COORDINATES REVISION 1 - MOVED STRIPS, CALLOUTS ISSUED FOR CONSTRUCTION BY SUB APR DESCRIPRDN SHIuLqK CON PLAN SCALE: 1"=20' 0� MEDIAN MAINTAINED BY CITY NORTH SAN PEDRO ROAD CITY 3+ MAINTAINED N 1759689.82 E 6407490.72 STA 902+71.03 q ML TRACK= STA 2+25.00 rL NORTH SAN PEDRO-ROAD N 1759590.93 E 6407414.26 4. CITY SHALL MAINTAIN THE QUEUE CUTTER INFRASTRUCTURE AT MISSION AVENUE, FIFTH AVENUE, AND FOURTH STREET INCLUDING BUT NOT LIMITED TO THE QUEUE CUTTER SIGNAL POLES, ELECTRICAL SYSTEMS AND CONDUITS THAT SERVICE THESE SYSTEMS 5. SMART AND THE CITY AGREE TO NOTIFY EACH OTHER OF ANY WORK IN THE AREA OF THE CROSSING AND AGREE TO ACQUIRE THE NECESSARY PERMITTING FORM EACH AGENCY PRIOR TO PERORMING WORK IN OR NEAR EITHER RIGHT OF WAY LIMIT SHOWN ON THIS PLAN. EMERGENCY WORK SHALL BE ALLOWED AS LONG AS NOTIFICATION IS PROVIDED TO EACH RESPECTIVE AGENCY WITHIN 72 HOURS AFTER WORK IS COMPLETED PREPARED BY �I�� \LEAF J. VILLAFRANCA fes.DRAWN BY E. MEEKS CHECKED BY � * J. MAHER rn. is IN CHARGE M. HU �?.......... lDATE fQ JUN 27, 2014 DESIGN PACKAGE 1 100% DESIGN SUBMITTAL I PEDESTRIAN ARM GATE VEHICULAR ARM GATE CANT LEVER WARNING SIGNAL VEHICLE DETECTION LOOP TRAFFIC SIGNAL SMART ROW - SMART MAINTAINED CONSTRUCT€ON SYMBOLS: OCONSTRUCT WORK BY OTHERS Q REMOVE A% REMOVE L-A BY OTHER r� RELOCATE EXISTING < ) RELOCATED BY OTHERS LJ 1:1REMOVE AND CONSTRUCT I EXISTING �_� TO REMAIN CONSTRUCTION NOTES: & UTILITY POTHOLE NO. 1. CONCRETE MEDIAN, SEE DWG 1GX003 2. CURB k GUTTER PER CITY STANDARD 3. CURB, GUTTER do SIDEWALK PER CITY/COUNTY STD. 4. CURB PER CITY STANDARD 5. SIDEWALK PER CITY STANDARD 6. PCC CONCRETE 7. REINFORCED CONCRETE PIPE PER CALTRANS STD A79 8. CONCRETE EDGE CURB, SEE 1GX003 9. AC PAVEMENT 10. INLET / CATCH BASIN 11. 1'-0" WIDE GROOVES PER CALTRANS STD ABBA 12. CONFORM TO EXISTING PAVEMENT 13. CURB RAMP PER CALTRANS STD A88A 14. STREET LIGHT 15. 6" UNDERDRAIN, SEE DWG 1GX001 16. TRAFFIC SIGNAL 17. VALVE 18. MANHOLE 19. UTILITY POLE 20. DITCH 21. ELECTRICAL EQUIPMENT 22. PEDESTRIAN WARNING DEVICE AND GATE W/ FLASHER (BY OTHERS). 23. FLASHING LIGHT SIGNAL ASSEMBLY (BY OTHERS). 24. DRIVEWAY 25. FLASHING LIGHT SIGNAL ASSEMBLY WITH AUTOMATIC GATE ARM (BY OTHERS) 26. FLASHING LIGHT SIGNAL ASSEMBLY OVER THE ROADWAY CITY ROW - CITY ON A CANTILEVERED ARM (BY OTHERS) 27. PEDESTRIAN SWING GATE MAINTAINED 28. DETECTABLE WARNING SURFACE PER CALTRANS STANDARD ARBA EXHIBIT B-6 29. METAL HAND RAILING 30. WIRE MESH TYPE FENCE 31. CHAIN LINK FENCE PER CALTRANS STANDARD A85 32. BOLLARD 33. PRECAST CONCRETE PANEL CROSSING SYSTEM 34. SAWCUT 35. RETAINING WALL 36. UNDERGROUND UTILITY 37. PEDESTRIAN BARRICADE (TYPE 1) PER CALTRANS STD ES7Q GENERAL NOTES: 1. REFER TO DRAWING 1GN001 AND 1GN002 FOR LEGEND AND ABBREVIATIONS. 2. REFER TO TRACK PLAN AND PROFILES FOR TRACK ALIGNMENTS AND ELEVATIONS. 3. REFER TO DRAWING 1GX001 FOR GRADE CROSSING TYPICAL SECTIONS AND DETAILS. 20' 0' 2C' 40' 4. CITY STANDARDS ARE MARIN COUNTY UCS. 5. STATION AND OFFSETS ARE TO THE TOP SCALE FACE OF CURB UNLESS OTHERWISE NOTED. CADDE CONTRACT PACKAGE #4 1GX150.d 1 G0.dwg SCALECONTRACT GRADE CROSSINGS NO. AS NOTED Icv-DB 12 001 i�' m PLAN AND PROFILE - N SAN PEDRO AVENUE DWG. NO. MILEPOST 1 GX 150 18.8 SHEET 85 OF 156 EXHIBIT B-6 1+00 � CITY 0 MAINTAINED 1 E 6405756.96 20 O N 90 �O o 1 20141112 SHIFTED WARNING DEVICES A & B 2 0 20140627 SSUED FOR CONSTRUCT ON v REV DATE 81' 4113 APR DESCR FnCN STA 930+85.57 j ML TRACK END CONCRETE PANELS STA 930+77.84 q ML TRACK SIA '+'/5.05 LL LAS GALLINAS PED XING N 1-61289.88 E 64;,'5831.46 GRADE CROSSING DOT -#8635130 N O 2+50 LAS GALLINAS PED XING ■ CITY E MAINTAINED S82'57'37"E, 150.00' STA 930+69.32 (;,ML TRACK BEGIN CONCRETE PANELS PLAN NOTES: SCALE: 1.=20' 1. CITY SHALL MAINTAIN ROADWAY INFRASTRUCTURE INCLUDING PAVEMENT, CURB AND GUTTER AND ACCESS RAMPS 2. CITY SHALL MAINTAIN MEDIANS INCLUDING BUT NOT LIMITED TO LANDSCAPING, CURB AND GUTTER, IRRIGATION SYSTEMS AND ASSOCIATED INFRASTRUCTURE THAT SERVICES THE MEDIANS 3. SMART SHALL MAINTAIN ALL RAIL INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO SIGNAL POLES, MAST ARMS, CONCRETE PANELS AT THE CROSSINGS, CONDUITS THAT SERVICE RAIL SIGNAL SYSTEMS 4. CITY SHALL MAINTAIN THE QUEUE CUTTER INFRASTRUCTURE AT MISSION AVENUE, FIFTH AVENUE, AND FOURTH STREET INCLUDING BUT NOT LIMITED TO THE QUEUE CUTTER SIGNAL POLES, ELECTRICAL SYSTEMS AND CONDUITS THAT SERVICE THESE SYSTEMS 5. SMART AND THE CITY AGREE TO NOTIFY EACH OTHER OF ANY WORK IN THE AREA OF THE CROSSING AND AGREE TO ACQUIRE THE NECESSARY PERMITTING FORM EACH AGENCY PRIOR TO PERORMING WORK IN OR NEAR EITHER RIGHT OF WAY LIMIT SHOWN ON THIS PLAN. EMERGENCY WORK SHALL BE ALLOWED AS LONG AS NOTIFICATION IS PROVIDED TO EACH RESPECTIVE AGENCY WITHIN 72 HOURS AFTER WORK IS COMPLETED PEDESTRIAN ARM GATE VEHIUULAR AHM C,AIE CANT LEVER WARNING S CNAL VEHICLE DETECTION LOOP �C TRAFFIC SIGNAL SMART ROW - SMART MAINTAINED CITY ROW - CITY I MAINTAINED CONSTRUCTON SYMBOLS: OCONSTRUCT WORK BY OTHERS Q 7AREMOVE REMOVE \ L_.1 BY OTHER r� O RELOCATE EXISTING <` J) RELOCATED BY OTHERS 1:1REMOVE AND CONSTRUCT I I EXISTING --I TO REMAIN S UTILITY POTHOLE NO. CONSTRUCTION NOTES: 1. CONCRETE MEDIAN, SEE DWG 1GX003 2. CURB & GUTTER PER CITY STANDARD 3. CURB, GUTTER & SIDEWALK PER CITY/COUNTY STD. 4. CURB PER CITY STANDARD 5. SIDEWALK PER CITY STANDARD 6. PCC CONCRETE 7. REINFORCED CONCRETE PIPE PER CALTRANS STD A79 B. CONCRETE EDGE CURB, SEE 1GX003 9.AC PAVEMENT 10. INLET / CATCH BASIN 11. 1'-0" WIDE GROOVES PER CALTRANS STD ABBA 12. CONFORM TO EXISTING PAVEMENT 13. CURB RAMP PER CALTRANS STD A88A 14. STREET L'GH- 15. 6" UNDERDRAIN, SEE DWG 1GXOD1 16. TRAFFIC SIGNAL 17. VALVE 18. MANHOLE 19. UTILITY POLE 20. DITCH 21. ELECTR CAL EQUIPMENT 22. PEDESTRIAN WARNING DEVICE AND GATE W/ FLASHER (BY OTHERS). 23. FLASHING LIGHT SIGNAL ASSEMBLY (BY OTHERS). 24. DRIVEWAY 25. FLASHING LIGHT SIGNAL ASSEMBLY WITH AUTOMATIC GATE ARM (BY OTHERS) 26. FLASHING LIGHT SIGNAL ASSEMBLY OVER THE ROADWAY ON A CANTILEVERED ARM (BY OTHERS) 27. PEDESTRIAN SWING GATE 28. DETECTABLE WARNING SURFACE PER CALTRANS STANDARD ABBA ■ 29. METAL HAND RAILING 30. WIRE MESH TYPE FENCE 31. CHAIN LINK FENCE PER CALTRANS STANDARD A85 32. BOLLARD 33. PRECAST CONCRETE PANEL CROSSING SYSTEM 34. SAWCUT 35. RETAINING WALL 36. UNDERGROUND UTILITY 37. PEDESTRIAN BARRICADE (TYPE 1) PER CALTRANS STD ES70 GENERAL NOTES: 1. REFER TO DRAWING 1GN001 AND 1GN002 FOR LEGEND AND ABBREVIATIONS. 2. REFER TO TRACK PLAN AND PROFILES FOR TRACK ALIGNMENTS AND ELEVATIONS. 3. REFER TO DRAWING 1GX001 FOR GRADE CROSSING TYPICAL SECTIONS AND DETAILS. 20' 0 20' 40' � I 4. CITY STANDARDS ARE MARIN COUNTY UCS. SCALE 5. STATION AND OFFSETS ARE TO THE TOP FACE OF CURB UNLESS OTHERWISE NOTED. FSI JP.-VIm eY CADD FlLENAME e� aW D VILLAFRANCP CONTRACT PACKAGE #4 I �/ /'+1! ,�o ,«A,. � DESIGN PACKAGE 1 1GX160.dwg S% II /l./�\ y J Reye(„ uR�wx er �. _■_..__�.._a SCALE (CONTRACT NO. ;,N E. MEEKS ��--■ �■■. GRADE CROSSINGS CHECKED 13Y AS NOTED CV -DB -12 001 W �4 » J. MAHER ) M Ak R PLAN AND PROFILE DWG. NO. MILEPOST IN CHARGE LAS GALLINAS PED X-ING M. HU 100% DESIGN SUBMITTAL I qlF� a11F I.IUN 27, 2014 SHEET 90 OF 156 1 GX 160 19.3 EXHIBIT B-7 SMART \ 21, SMART ROW MAINTAINED PL T ACPO D SMART ROW\ N 1 STA 10+00.00 CIVIC CENTER DR 95 56 M'O = STA 951+32.99 ML C 4NEL MEDIANS SEE DWG GX104 FOR 4 jMAINTAINED BY CITY SIDEWALK CONSTRUCTION L=100' EFF(:])_\ i N 17Q102.73 L=105' TCT E 640 1 66846.15 0, 09 90 n' or � � I 10+91.39, 0'RT STORM DRAIN \ 25 \\ 1 L=74 3:FF MEDIAN MAINTAINED BY CITY - L-80 OT - CITY 8+50 9+00 9+90.58, 0' R 1 S 34.05'22.3" 11+0 MAINTAINED MEDIAN 300 �1+50 CITY CIVIC CENTER DRIVEtI-( 7 T� I ` I I I�„� T' •) N 1762654.26 MAINTAINED E 6407014 30 26 12 1 1 25 0 950+59.12 _ _ BEGIN CONJ PANEL -- 33 7 ✓ 2 S LE:: - - - �r 20' D' 20' 40' PEDESTRIAN ARM GATE NOTES: 1. CITY SHALL MAINTAIN ALL STORM DRAINS NORTH OF 2. CITY SHALL MAINTAIN MEDIANS INCLUDING BUT NOT CIVIC CENTER CROSSING AND SMART DISTRICT SHALL LIMITED TO LANDSCAPING, CURB AND GUTTER, IRRIGATION MAINTAIN ALL STORM DRAINS SOUTH OF CROSSING SYSTEMS AND ASSOCIATED INFRASTRUCTURE THAT SERVICES THE MEDIANS VEHICULAR ARM CATE U cAN71LEVER R /�\ 20170210 20151204 11 20130524 0 20120914 REV DATE WARNING SIGNAL VEHICLE DETECTION LOOP TRAFFIC SIGNAL UPDATE AT TIME OF AS -BUILT REVISIONS ADD CIL AND REPLACE SIGNALS ISSUED FOR CONSTRUCTION BY SUB APR DESCRIPTION 2. COUNTY OF MARIN SHALL MAINTAIN THE SIDEWALKS ON THE SOUTH WEST SIDE OF CIVIC CENTER CROSSING GENERAL NOTES: 1. CITY SHALL MAINTAIN ROADWAY INFRASTRUCTURE INCLUDING PAVEMENT, CURB AND GUTTER AND ACCESS RAMPS SMART ROW - SMART MAINTAINED 3. SMART SHALL MAINTAIN ALL RAIL INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO SIGNAL POLES, MAST ARMS, CONCRETE PANELS AT THE CROSSINGS, CONDUITS THAT SERVICE RAIL SIGNAL SYSTEMS 4. CITY SHALL MAINTAIN THE QUEUE CUTTER INFRASTRUCTURE AT MISSION AVENUE, FIFTH AVENUE, AND FOURTH STREET INCLUDING BUT NOT LIMITED TO THE QUEUE CUTTER SIGNAL POLES, ELECTRICAL SYSTEMS AND CONDUITS THAT SERVICE THESE SYSTEMS 5. SMART AND THE CITY AGREE TO NOTIFY EACH OTHER OF ANY WORK IN THE AREA OF THE CROSSING AND AGREE TO ACQUIRE THE NECESSARY PERMITTING FORM EACH AGENCY PRIOR TO PERORMING WORK IN OR NEAR EITHER RIGHT OF WAY LIMIT SHOWN ON THIS PLAN. EMERGENCY WORK SHALL BE ALLOWED AS LONG AS NOTIFICATION IS PROVIDED TO EACH RESPECTIVE AGENCY WITHIN 72 HOURS AFTER WORK IS COMPLETED CONSTRUCTION SYMBOLS: OCONSTRUCT CITY ROW - CITY MAINTAINED l ■ !OTESS Stacy and Witb Yk. Inc. O ! EF BY S. MAGALLON L-A DRAWN S. m HERZOG MAGALLON CHECKED BY No. 250 A. SOKOL E� 05 -7U -I3 K(� si�� CTy1� 0.�.� JT tOF' IN WGE IA. CSOKOL DATE20170210 cALT 3. SMART SHALL MAINTAIN ALL RAIL INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO SIGNAL POLES, MAST ARMS, CONCRETE PANELS AT THE CROSSINGS, CONDUITS THAT SERVICE RAIL SIGNAL SYSTEMS 4. CITY SHALL MAINTAIN THE QUEUE CUTTER INFRASTRUCTURE AT MISSION AVENUE, FIFTH AVENUE, AND FOURTH STREET INCLUDING BUT NOT LIMITED TO THE QUEUE CUTTER SIGNAL POLES, ELECTRICAL SYSTEMS AND CONDUITS THAT SERVICE THESE SYSTEMS 5. SMART AND THE CITY AGREE TO NOTIFY EACH OTHER OF ANY WORK IN THE AREA OF THE CROSSING AND AGREE TO ACQUIRE THE NECESSARY PERMITTING FORM EACH AGENCY PRIOR TO PERORMING WORK IN OR NEAR EITHER RIGHT OF WAY LIMIT SHOWN ON THIS PLAN. EMERGENCY WORK SHALL BE ALLOWED AS LONG AS NOTIFICATION IS PROVIDED TO EACH RESPECTIVE AGENCY WITHIN 72 HOURS AFTER WORK IS COMPLETED CONSTRUCTION SYMBOLS: OCONSTRUCT ; WORK BY OTHERS AN Q REMOVE REMOVE BY OTHERS L-A O RELOCATE EXISTING r� <` J) RELOCATED BY OTHERS r --I EXISTING REMOVE AND CONSTRUCT I 1:1 -� TO REMAIN & UTILITY POTHOLE NO. CONSTRUCTION NOTES: 1. CONCRETE MEDIAN, SEE DWG GX008 2. CURB& GUTTER PER CITY STANDARD 3. CURB, GUTTER & SIDEWALK PER CITY/COUNTY STD. 4. CURB PER CITY STANDARD 5. SIDEWALK PER CITY STANDARD 6. PCC CONCRETE 7. REINFORCED CONCRETE PIPE PER CALTRANS STD D79 B. CONCRETE EDGE CURB, SEE GX007 AND GX008 9. AC PAVEMENT 10. INLET / CATCH BASIN 11. 1'-0" WIDE GROOVES PER CALTRANS STANDARD ABBA 12. CONFORM TO EXISTING PAVEMENT 13. CURB RAMP 14. STREET LIGHT 15. 6" UNDERDRAIN, SEE DWG GX002 AND GX011 16. TRAFFIC SIGNAL 17. VALVE 18. MANHOLE 19. UTILITY POLE 20. DITCH 21. ELECTRICAL EQUIPMENT 22. PEDESTRIAN WARNING DEVICE AND GATE WITH FLASHER 23. FLASHING LIGHT SIGNAL ASSEMBLY -CPUC No.8 24. DRIVEWAY 25. FLASHING LIGHT SIGNAL ASSEMBLY WITH AUTOMATIC GATE ARM - CPUC No.9 26. FLASHING LIGHT SIGNAL ASSEMBLY OVER THE ROADWAY ON A CANT LEVERED ARM 27 PEDESTR AN SWING GATE 28. DETECTABLE WARNING SURFACE PER CALTRANS STANDARD A88A 29. METAL HAND RAILING 30. WIRE MESH TYPE FENCE 31. CHAIN LINK FENCE PER CALTRANS STANDARD A85 32 BOLLARD 33. SIGNAL HOUSE CIL 34 PRECAST CONCRETE PANEL CROSSING SYSTEM 35. REMOVE AND RECONSTRUCT AC PAVEMENT 36. CONCRETE MEDIAN WITHIN SONOMA COUNTY, SEE DWG GX013. 37. STAIRWAY 38. TUBULAR STEEL GATE GENERAL NOTES: 1. REFER TO DRAWING GN001 AND GN002 FOR LEGEND AND ABBREVIATIONS. 2. REFER TO TRACK PLANS FOR TRACK ALIGNMENTS. 3. FOR ALL EXIT GATES (CPUC No. 9E), INSTALL DETECTOR LOOPS PER DWG GX003. 4. REFER TO DRAWING GX004 THROUGH GX011 FOR GENERAL RAILROAD EQUIPMENT LAYOUT AND ROADWAY WORKS. 5. IF STEA 'S NOTED, NO WORK IN THIS CONTRACT. IOS-1 CIVIL/TRACK/STRUCTURES CARD E GX101.dw.dwg AS -BUILT DRAWING GRADE CROSSINGS AS SHOWNJCV �B NO. 001 �"� GRADE CROSSINGS FEBRUARY 10, 2017 u LI -1 LF_'� jDING No MILEPOST CPUC N0. 005-19.70, USDOT N0. 863511T - - -EGX 101 19.70 SHET 19 OF 110 EXHIBIT B-8 I I FL:4 d Q QLLI J 7G END CO END CO CR 'E- E PANEL U FUTURE /^) NIC 3, R=749.00' L=300.00' STA 10+00.00 SMITCH RANCH ROAD A=23'00' = STA 1020+53.46 ML TRACK T=152.04' MARIN COUNTY TYPE B I =,n, N 1768992.50 E 6410255.37 ' BEGIN ALIGNMENT 8}50 STA 8+50.00 PEDESTRIAN ARM GATE VEHICULAR ARM CATE rI CANTILEVER g WARNING SICt IAL VEHICLE DETECTION LOOP �c TRAFFIC SIGNAL E R 201702'0 UPDATE AT TIME OF AS -BUILT 20130524 ADD CIL Q 20120928 DELETED WB EXIT GATE 0 20120914 ISUSSED FOR CONSTRUCTION 2 REV DATE BY SUB APR DESCRIPRON CITY _ MAINTAINED I I I MARIN COUNTY TYPE A L=10' 1020+04.52 ML BEGIN CONCRETE PANEL SMART MAINTAINED �z /-FUTURE '_% 3j NIC r -n I 1020+61.36 M 251 GIN CONCRETE PANEL N 1769036.70 - I E 6410109.89 CITY END ALIGNMEN` 23 MAINTAINED 2 M RIN COUNTY 11+00 11+50 N E B STA 11+50.00 LC F3 L=37' SMITH RANCH ROAD I 1020+45.11 ML 34 I END CONCRETE PANEL 10 MARIN COUNTY TYPE A L=16' SMART ROW CONSTRUCTION SYMBOLS: N O CONSTRUCT WORK BY OTHERS © Q REMOVE % % REMOVE BY OTHERS L-A r-% O RELOCATE EXISTING <` J� RELOCATED BY OTHERS tr- EXISTING ❑ REMOVE AND CONSTRUCT �-i TO REMAIN 19 UTILITY POTHOLE NO. 20' 0' 20' 40' NOTES: 1. CITY SHALL MAINTAIN ROADWAY INFRASTRUCTURE SCALE INCLUDING PAVEMENT, CURB AND GUTTER AND ACCESS RAMPS SMART ROW - SMART MAINTAINED 2. CITY SHALL MAINTAIN MEDIANS INCLUDING BUT NOT LIMITED TO LANDSCAPING, CURB AND GUTTER, IRRIGATION SYSTEMS AND ASSOCIATED INFRASTRUCTURE THAT SERVICES THE MEDIANS 3. SMART SHALL MAINTAIN ALL RAIL INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO SIGNAL POLES, MAST ARMS, CONCRETE PANELS AT THE CROSSINGS, CONDUITS THAT SERVICE RAIL SIGNAL SYSTEMS 4. CITY SHALL MAINTAIN THE QUEUE CUTTER INFRASTRUCTURE AT MISSION AVENUE, FIFTH AVENUE, AND FOURTH STREET INCLUDING BUT NOT LIMITED TO THE QUEUE CUTTER SIGNAL POLES, ELECTRICAL SYSTEMS AND CONDUITS THAT SERVICE THESE SYSTEMS 5. SMART AND THE CITY AGREE TO NOTIFY EACH OTHER OF ANY WORK IN THE AREA OF THE CROSSING AND AGREE TO ACQUIRE THE NECESSARY PERMITTING FORM EACH AGENCY PRIOR TO PERORMING WORK IN OR NEAR EITHER RIGHT OF WAY LIMIT SHOWN ON THIS PLAN. EMERGENCY WORK SHALL BE ALLOWED AS LONG AS NOTIFICATION IS PROVIDED TO EACH RESPECTIVE AGENCY WITHIN 72 HOURS AFTER WORK IS COMPLETED CONSTRUCTION NOTES: 1. CONCRETE MEDIAN, SEE DWG GX008 2. CURB & GUTTER PER CITY STANDARD 3. CURB, GUTTER & SIDEWALK PER CITY/COUNTY STD. 4. CURB PER CITY STANDARD 5. SIDEWALK PER CITY STANDARD 6. PCC CONCRETE 7. REINFORCED CONCRETE PIPE PER CALTRANS STD D79 S. CONCRETE EDGE CURB, SEE GX007 AND GX008 9. AC PAVEMENT 10. INLET / CATCH BASIN 11. 1'-0" WIDE GROOVES PER CALTRANS STANDARD A88A 12. CONFORM TO EXIST NG PAVEMENT 13. CURB RAMP 14. STREET LIGHT 15. 6" UNDERDRAIN, SEE DWG GX002 AND GX011 16. TRAFFIC SIGNAL 17. VALVE 18. MANHOLE 19. UTILITY POLE 20. DITCH 21. ELECTRICAL EQUIPMENT 22. PEDESTRIAN WARNING DEVICE AND GATE WITH FLASHER 23. FLASHING LIGHT SIGNAL ASSEMBLY -CPUC No.8 24. DRIVEWAY 25. FLASHING L GHT SIGNAL ASSEMBLY WITH AUTOMATIC GATE ARM - CPUC No.9 26. FLASHING LIGHT SIGNAL ASSEMBLY OVER THE ROADWAY ON A CANTILEVERED ARM 27. PEDESTR.AN SWING GATE 28- DETECTABLE WARNING SURFACE PER CALTRANS STANDARD A88A 29. METAL HAND RAILING 30 WIRE MESH TYPE FENCE 31- CHA N L NK FENCE PER CALTRANS STANDARD A85 32. BOLLARD 33. SIGNAL HOUSE CIL 34- PRECAST CONCRETE PANEL CROSSING SYSTEM 35. REMOVE AND RECONSTRUCT AC PAVEMENT 36. CONCRETE MEDIAN WITHIN SONOMA COUNTY, SEE DWG GX013. 37. STA RWAY 38. TUBULAR STEEL GATE GENERAL NOTES! 1. REFER TO DRAWING GN001 AND GN002 FOR LEGEND AND ABBREVIATIONS. 2. REFER TO TRACK PLANS FOR TRACK ALIGNMENTS, 3. FOR ALL EXIT GATES (CPUC No. 9E), INSTALL DETECTOR LOOPS PER DWG GX003. 4 REFER TO DRAW NG GX004 THROUGH GX011 FOR GENERAL RAILROAD EQUIPMENT LAYOUT AND ROADWAY WORKS. 5. IF STEA S NOTED, NO WORK IN THIS CONTRACT. IOS-1 CIVIL/TRACK/STRUCTURES CARD TGX121.dw1.dw E � � ifrsirt�IWii�isl�ialli g AS -BUILT DRAWING GRADE CROSSINGS AS SHOWN CV �e NO. FEBRUARY 10, 2017 PLAN AND PROFILE DWG. NO. MILEPOST CPUC N0. 005-20.97, USDOT N0.859205U 10 D GX121 20.97 SHEET 26 OF 110 �U✓�iv� 0 EXHIBIT B-9 CITY ROW - CITY MAINTAINED r Stacy and Witbeck. Inc. oQpDiE55/pw` IHEPLUU� v R,PY M. f h DRAWN BY LUU HERZOG ND. C F m CH CHECKED BY a A. SOKOL NSN ST J si rry" .� TV Y I ��� IN CHARGE DA SOKOL °A pF CAl\fes I 20170210 2. CITY SHALL MAINTAIN MEDIANS INCLUDING BUT NOT LIMITED TO LANDSCAPING, CURB AND GUTTER, IRRIGATION SYSTEMS AND ASSOCIATED INFRASTRUCTURE THAT SERVICES THE MEDIANS 3. SMART SHALL MAINTAIN ALL RAIL INFRASTRUCTURE INCLUDING BUT NOT LIMITED TO SIGNAL POLES, MAST ARMS, CONCRETE PANELS AT THE CROSSINGS, CONDUITS THAT SERVICE RAIL SIGNAL SYSTEMS 4. CITY SHALL MAINTAIN THE QUEUE CUTTER INFRASTRUCTURE AT MISSION AVENUE, FIFTH AVENUE, AND FOURTH STREET INCLUDING BUT NOT LIMITED TO THE QUEUE CUTTER SIGNAL POLES, ELECTRICAL SYSTEMS AND CONDUITS THAT SERVICE THESE SYSTEMS 5. SMART AND THE CITY AGREE TO NOTIFY EACH OTHER OF ANY WORK IN THE AREA OF THE CROSSING AND AGREE TO ACQUIRE THE NECESSARY PERMITTING FORM EACH AGENCY PRIOR TO PERORMING WORK IN OR NEAR EITHER RIGHT OF WAY LIMIT SHOWN ON THIS PLAN. EMERGENCY WORK SHALL BE ALLOWED AS LONG AS NOTIFICATION IS PROVIDED TO EACH RESPECTIVE AGENCY WITHIN 72 HOURS AFTER WORK IS COMPLETED CONSTRUCTION NOTES: 1. CONCRETE MEDIAN, SEE DWG GX008 2. CURB & GUTTER PER CITY STANDARD 3. CURB, GUTTER & SIDEWALK PER CITY/COUNTY STD. 4. CURB PER CITY STANDARD 5. SIDEWALK PER CITY STANDARD 6. PCC CONCRETE 7. REINFORCED CONCRETE PIPE PER CALTRANS STD D79 S. CONCRETE EDGE CURB, SEE GX007 AND GX008 9. AC PAVEMENT 10. INLET / CATCH BASIN 11. 1'-0" WIDE GROOVES PER CALTRANS STANDARD A88A 12. CONFORM TO EXIST NG PAVEMENT 13. CURB RAMP 14. STREET LIGHT 15. 6" UNDERDRAIN, SEE DWG GX002 AND GX011 16. TRAFFIC SIGNAL 17. VALVE 18. MANHOLE 19. UTILITY POLE 20. DITCH 21. ELECTRICAL EQUIPMENT 22. PEDESTRIAN WARNING DEVICE AND GATE WITH FLASHER 23. FLASHING LIGHT SIGNAL ASSEMBLY -CPUC No.8 24. DRIVEWAY 25. FLASHING L GHT SIGNAL ASSEMBLY WITH AUTOMATIC GATE ARM - CPUC No.9 26. FLASHING LIGHT SIGNAL ASSEMBLY OVER THE ROADWAY ON A CANTILEVERED ARM 27. PEDESTR.AN SWING GATE 28- DETECTABLE WARNING SURFACE PER CALTRANS STANDARD A88A 29. METAL HAND RAILING 30 WIRE MESH TYPE FENCE 31- CHA N L NK FENCE PER CALTRANS STANDARD A85 32. BOLLARD 33. SIGNAL HOUSE CIL 34- PRECAST CONCRETE PANEL CROSSING SYSTEM 35. REMOVE AND RECONSTRUCT AC PAVEMENT 36. CONCRETE MEDIAN WITHIN SONOMA COUNTY, SEE DWG GX013. 37. STA RWAY 38. TUBULAR STEEL GATE GENERAL NOTES! 1. REFER TO DRAWING GN001 AND GN002 FOR LEGEND AND ABBREVIATIONS. 2. REFER TO TRACK PLANS FOR TRACK ALIGNMENTS, 3. FOR ALL EXIT GATES (CPUC No. 9E), INSTALL DETECTOR LOOPS PER DWG GX003. 4 REFER TO DRAW NG GX004 THROUGH GX011 FOR GENERAL RAILROAD EQUIPMENT LAYOUT AND ROADWAY WORKS. 5. IF STEA S NOTED, NO WORK IN THIS CONTRACT. IOS-1 CIVIL/TRACK/STRUCTURES CARD TGX121.dw1.dw E � � ifrsirt�IWii�isl�ialli g AS -BUILT DRAWING GRADE CROSSINGS AS SHOWN CV �e NO. FEBRUARY 10, 2017 PLAN AND PROFILE DWG. NO. MILEPOST CPUC N0. 005-20.97, USDOT N0.859205U 10 D GX121 20.97 SHEET 26 OF 110 �U✓�iv� 0 EXHIBIT B-9 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:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 3/6/2017 From: Lisa Goldfien Department: City Attorney Date: 2/27/2017 Topic: AGREEMENT WITH SMART FOR MAINTENANCE OF SAN RAFAEL QUIET ZONE IMPROVEMENTS Subject: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) REGARDING CONSTRUCTION AND MAINTENANCE OF SAFETY IMPROVEMENTS RELATED TO THE CITY OF SAN RAFAEL QUIET ZONE IN SMART' S INITIAL OPERATING SEGMENT Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: MM - approved 2/28/17 ® City Attorney Remarks: LG -Approved 2/28/17. ® Author, review and accept City Attorney / Finance changes Remarks: LG M City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: r CLKad WLKEer Advocate for new multimodal concepts 826 S. Eliseo Drive, Greenbrae 94904 cinhiver@gmail.com March 15, 2017 To: The SMART Board of Directors Re: Rice/West Francisco Blvd, Supplemental Environmental Assessment It is essential to prepare an environmental assessment of this intersection, supplemental to the December 2014 clearance. When an approved clearance is proposed to be changed, both CEQA and NEPA require an initial study and then, if the proposed change warrants it, a new EA for the area affected is not optional but mandated. This makes sense. If previous environmental clearances could be changed at will, the environment would have no meaningful protection. The design change can be relatively small. For example, changing a 10 -foot multi- use path to a 5 -foot bike lane requires a supplemental EA (I learned this recently). The ma ntude of the changes to the Rice/WFB area from the December 2014 EA and what has gone out to bid are too material not to require additional environ- mental clearance. See the two attached drawings. The difference is self-evident. Rice Drive changes from a two-lane road to a four -lane road. West Francisco changes from a two-lane road to a four -lane road. And the entire intersection appears to intrude farther into the unnamed waterway to the west. This situation is'analogous to a desire to remodel a small house into a more expansive structure that takes up considerably more ground. The proposed plans would need to be approved by a Planning Commission. Here, the enlarged Rice/WFB requires initial review followed by clearance from NEPA and CEQA. haps://www.dropbox,com/sh ww8ijfeliuu5_k18/AACknrjBLP4s4alWkhvdErkla?dl =0 This links to a NEPA summary. Note especially the bottom of Page 3. https://www.dropbox.com/s/3d8S6j9rsf4fbyO/CEQA%Z—Qgxcerpts.pdf?dl=O This link sets forth CEQA requirements. See especially Public Resources Code Sections 15153 and 15162. This last is not included in the link but is important. I list the information simply to give an attorney a quick place to start review. Inasmuch as the Rice/WFB intersection is said to be included in the San Rafael City Council agenda for March 20, a prompt consideration seems called for. I take no pleasure in these comments. I have no idea why this oversight occurred. But it happened. Respectfully submitted, Cindy Winter Attachments: two "before and after" drawings Cc- San Rafael City Council Rob Epstein, San Rafael Larkspur City Council Transportation Authority of Marin Marin Independent Journal Marin County Bicycle Coalition Transportation Alternatives for Marin San Rafael BPAC fII E C- 0 Lu Q Ln Ict 0 L E ai ^U' W O V) s—ai ^^ 4-J,,L W c O O v / z � LL Ln /W V) O w LL rIe L 0— ai 4— E � N W N 'N Qi CD En oa ©y to, CL b *'9t dW 6t00-XS_ON 9M0 33S 00+6 IL lW 3Nn H01" all C SO'L S'c Or i ZIO i o N a u, oY+wc m � J I J R 5 � 1 f � i a o a C"L SI L $ Qz n 11 1 f i 1 i 1 1 1 'r i U-U+O¢JLd astc+°Qt Jd j 'J c . I ,J 1 L10�-HS ON OMO 33� 00F9LL lW 3Nf1 HOlVW Z'9 t dW :5 ai 9 n V o w d To Y'G to, CL b �ry3 fo'L o'S all C SO'L S'c Or 9o'L 0 Ulf j4' D O O � w� LL "L 0° s O z Bo'L 8 rt R 5 � N'L L�L f � i a o a °_z lL �ry3 all Z-L all C {t"L oY S j4' ad n • oL $ Z L Z'L YPL C"L SI L $ W 0 N tto re Q cn 0 4-J D 0 .}—J 0 4-J U 0 U V) U Q LL v i W W L 0 C .0D 9'9L dIN OL L2iL -ON DMO 33S OO+L6L IN 3Nn H31M ro�! 1 _ I I 2 I^. • r. ^1 � I t NIL. Wil! a 1 I I I i.;J,I lyl lI' I I I _ 0•n:: t •' 1 Y t ' t I E I ,C� -.. .- �•j ly LL_ I I � 1 _ B z x 0 Uw= C �,...��., -yrs._....__ ..........._ter......,..- �,.,-.. . �. _.. lJ "a r� � _.. C Qj � WYr r II I - _ 1 s ! —: 1 ' ± e I j ! 1 � � x i 6 1 I / 1 I S 1 � 901&! -ON 9M0 33S 00+09L IN 3Nn H31VM Vg L dri E a LL_ I I � 7 B z x 0 Uw= C �,...��., -yrs._....__ ..........._ter......,..- �,.,-.. . �. _.. lJ "a r� � _.. C Qj � WYr r Y O�� C s ! —: FLL_. j � x i 6 / h .t � U Z 7 UO C lz 3L • � .. �c � F513T yi s 4 fS LL_ I I �,...��., -yrs._....__ ..........._ter......,..- �,.,-.. . �. _.. ....��«. r� � _.. COMMENTS TO SAN RAFAEL CITY COUNCIL March 6, 2017 There's something that concerns me, and I thought tonight might be a quieter time to speak about it than on Wednesday. The issue is traffic studies, their surprising new irrelevancy as a forward planning tool. Autonomous vehicles are expected to appear on our roads about 2020. Nobody knows whether they will cause less congestion or more. Heaven or hell. Those top transportation planners who met last month in San Diego didn't have a clue. After a day's discussion, they decided that the only certain thing in the next 5- 10 years was uncertainty. (***) How can you define level of service when you don't know what kind of transportation will be there to serve even five short years from now? Based on what I'm reading and hearing, there's better than a 50% chance that AV's will increase, not diminish, gridlock. We can no longer extrapolate today into the future. When Farhad Mansourian says that the Larkspur extension will have little effect on traffic, based on the studies prepared for the City, how can he possibly reach that conclusion? That's why I speak up for Personal Rapid Transit, in its most recent improved model. It seems easier to elevate above traffic. Problem solved! However -- this new issue of traffic study unreliability extends far beyond SMART and PRT. It affects all planning and all major construction projects. Everywhere. A change as unprecedented as this one requires much careful reflection. I myself puzzle over it a lot. I ask you all to think about it, too. Cindy Winter cinhiver@gmail.com 826 S. Eliseo Dr. Greenbrae http://www.sandiegouniontribune.com/news/transportation/sd-me-commuter- future-20170125-story.html "How will you get to work in 2050?" Feb. 6 Bicycle Pedestrian Advisory Committee City of San Rafael March 8, 2017 Mayor Phillips and Council Members San Rafael City Council 1400 5th Street San Rafael, CA 94901 RE: BPAC's support of multiuse path alternatives analyzed in Alta Planning and Design's feasibility study and request that the City of San Rafael encourage SMART to fully fund multiuse path from Second Street south through San Rafael. [This letter originally drafted to City Council on September 15, 2016.] Dear Council Members: The mission of BPAC as stated under its charter adopted by City Council on January 20, 2015 is the following: The goal of the Bicycle and Pedestrian Advisory Committee is to promote bicycling and walking as viable means of transportation throughout San Rafael; to provide conceptual input on public bicycle and pedestrian infrastructure projects; and to support the implementation of the City's Bicycle and Pedestrian Master Plan. In addition, BPAC's first listed goal is to serve as advisors to City Council for bicycle and pedestrian matters in the City, representing the interests of citizens and local advocacy groups. BPAC, in its capacity as an advisory committee to San Rafael City Council, voted unanimously at its BPAC meeting on August 3, 2016 to make the following two recommendations to Council: BPAC supports the development of the multiuse path from 2nd to Rice along the SMART right-of-way, to 30% engineering and through environmental clearance, for both Alternative 3, of the County -funded Alta Planning and Design feasibility study, for its mode separation for all users, and Alternative 2 as a second option. BPAC recommends that the City of San Rafael encourage SMART to fully fund the multiuse path in San Rafael, as approved by the voters. Thank you for your consideration of these two important recommendations. BPAC Chair March 8, 2017 Mayor Phillips San Rafael City Council San Rafael City Hall 1400 5th Avenue San Rafael, CA 94901 RE: SMART in San Rafael Dear Mayor Phillips and City Council: 7' RANSM)RT.Yllot.11a FRNATIVIl i I -OR MARIN Thank you for scheduling the 2nd Special Study Session for SMART Issues and Projects Related to San Rafael on Wednesday March 9, 2017. Transportation Alternatives for Marin (TAM) appreciates San Rafael's proactive approach to stay out in front of issues as much as possible regarding the SMART San Rafael to Larkspur Operating Segment, including issues regarding the rail construction and service, the SMART Pathway, and the San Rafael Transit Center. TAM acknowledges and appreciates the City of San Rafael's support for the SMART Pathway; such acts as including the Pathway in the Downtown Station Area Plan, advocating for and completing the Rice Drive to 2nd Street Feasibility Study, and even scheduling this Special Study Session, provide essential support to build the SMART Pathway (also known as the North-South Greenway) from Andersen Drive to Mission Avenue. The City of San Rafael has done a great job amidst challenging circumstances to follow through on promises to the community to include the Pathway when the train is built, and we are grateful to work together to fulfill this intent. TAM's comments are focused on two primary issues: 1. Measure Q required SMART to build a rail and pathway project; and 2. SMART should pay for the SMART Pathway from Andersen Drive to 2nd Street. The SMART District was established by state legislation in 2002. The October 25, 2005 Memorandum of Understanding between the Golden Gate Bridge, Highway and Transportation District ("GGB"), the County of Marin, the Marin County Transit District and SMART, attached as Exhibit 'A" transferred the relevant rights of way to SMART, and included a specific "Post Closing Commitment" provision that "SMART hereby acknowledges that GGB retains a valid public interest in assuring that the ROW is well utilized for public transportation purposes." In 2006, Measure R (SMART) was put to the Sonoma and Marin County voters; the Expenditure Plan described the SMART Pathway as linking 14 rail stations along the rail corridor, with the Pathway located on and off the right of way, with $46 million dedicated for approximately 57% of the Pathwav's construction. Measure R received a combined 63.5% "yes" vote in the two -county District, with 70.1 % in favor in Sonoma and 57.5% in favor in Marin. Because it lacked the 2/3 majority needed for passage that measure failed. Page 1 of 4 TRANSI)OR'f' 1'ION t>l:n;RNAT1V1iS Fult 1\I \RIN • 187 E. Bi.rn 11MAL . A\/LNUI: • MIL1. CA • 94941 Tia.: 415.389.5040 X24 F,\x: 415.389-5044 %N" T1l11.,s110nT.X1 IW N AITIAMAXIVES ron MARIn After polling determined that Marin voters supported the SMART Pathway, in 2008 SMART submitted Measure Q. which dedicated $91 million to build the SMART Pathwav the ENTIRE lenath of the railway. Measure Q gassed with a combined 65.3% voter support. The following Exhibits are attached: Exhibit "B," SMART White Paper #8; Exhibit "C," 2006 Measure R / 2008 Measure Q Comparison; and Exhibit "D," Excerpts of Measure Q, highlighted. In 2008, SMART determined it could complete only the railway from San Rafael to Santa Rosa with available Measure Q funds. To date, SMART has not built any of the SMART Pathway in Marin County with Measure Q funds. SMART has planned to build only the following segments in Marin with Measure Q funds: Seament Distance (miles) 1. North San Pedro to Civic Center 0.9 2. Hamilton Station to Pacheco Creek 0.9 3. Franklin Street to Grant Avenue 0.4 4. Rush Creek to San Marin / Atherton Station 0.3 Total 2.5 miles To extend the SMART operating segment from San Rafael to Larkspur the MTC allocated $20 million on May 14, 2014. An overview of the recommendations and resolution is attached as Exhibit "E." The total estimated cost for the project was forecast at $40 million. The MTC worked with Congressman Jared Huffman and SMART to apply for a federal Small Starts rail project grant of $20 million in September 2013. When awarding the grant, Small Starts was under the impression that there was a pedestrian and bicycle pathway next to the railway from San Rafael Transit Center to the Larkspur Transit Center. When SMART went to get its environmental clearances for the San Rafael to Larkspur Operating Segment, it declared. based upon no evidence or substantiating information, that the SMART Pathwav could be not be built in the right of way or in the corridor from San Rafael to Larkspur, most particularly from Andersen Drive to 2nd Street. SMART's elimination of the SMART Pathway from Andersen Drive to 2nd Street abandoned the plans for a multi -use pathway from Larkspur to Cloverdale, the Marin parts of which have been described since the 1970s in most every bicycle and pedestrian plan the railway passes through. SMART promised the SMART Pathway in Measure Q, and the voters taxed themselves to build it as promised, but SMART appeared to have other plans. SMART was challenged in the environmental clearance process by Transportation Alternatives for Marin, the Marin County Bicycle Coalition, and the Rails to Trails Conservancy. The parties entered into a broad, multi -jurisdictional set of agreements with local governments and agencies, attached hereto as Exhibit "F," Memorandum of Understanding and Exhibit "G," Memorandum of Understanding — Part II. The negotiated Settlement Agreement called for a Feasibility Study to evaluate whether the SMART Pathway could fit next to the rail and West Francisco in the corridor from Andersen Drive to 2nd Street. Page 2 of 4 TRANSPOR'I'A'I'ION AI;1'IiIINA'1'1VIiS I -'Olt MARIN • 187 E. B1,1'I'1IIiDAV.G Avl?NUI'. • 1 111.1. NTA1.I,IiY • CA • 94941 Tla.: 415.389.5040 x24 FAS: 415.389-5044 'I.Al�I TRA.Nst,oR'GSt ION All FRSATIVEN I OR MARIN It should be noted that the same engineer that worked for SMART from 2010 to 2014 was responsible to conduct the Feasibility Study. In 2016 TAM had to separately pay the same enaineer to demonstrate the SMART Pathwav was not only feasible. but there are four alternatives to locate it in the rail and road corridor between Andersen Drive and 2nd Street. This should come as no surprise since during that engineer's tenure at SMART the agency possessed engineered drawings of the SMART Pathway adjacent to the rail line in the Study area. SMART enjoyed great benefit from the MOUs detailed in Exhibits "F" and "G" because the agency got the City of San Rafael and TAM to finance bringing the Andersen Drive to 2nd Street SMART Pathway to 30% engineering and complete the associated environmental clearances, which are allegedly in process now. On Saturday, February 4, 2017 the Marin IJ quoted SMART Executive Director, Farhad Mansourian stating SMART had to complete the San Rafael to Larkspur rail extension right away because: "People voted for it to go to Larkspur. People have been paying taxes for it." On Sunday, February 19, 2017 the Marin IJ quoted SMART Chairwoman, Deb Fudge stating: "The train is already down the track in terms of Larkspur.... It's a commitment we made to voters in 2008." Neither mentioned the promised SMART Pathway for which people voted and taxed themselves. SMART feigns allegiance to Measure Q and concern for voter intent, but in practice the agency appears to have abandoned one-half of its charter purpose: the SMART Pathway. After getting other agencies and jurisdictions to pay for its expenses, now is the time for SMART to dedicate Measure Q funds to the SMART Pathway, and to build the San Rafael to Larkspur Operating Segment in compliance with what the taxpayers voted for: a railroad and Pathwav project. SMART is not being straight with voters. The Metropolitan Transportation Commission (MTC) has already allocated $1 million for the SMART Pathway from Andersen Drive to 2nd Street. SMART should pay the remaining estimated $2 million to build the SMART Pathway in this segment, and the Pathway not only can but must be built at the same time as the train. At the March 20, 2017 San Rafael City Council meeting regarding the City of San Rafael exchanging City property with SMART right of way, Transportation Alternatives for Marin respectfully requests the City of San Rafael insist on the following: 1. SMART must pay the estimated $2 million balance to build the preferred SMART Pathway between Andersen Drive and 2nd Street. Note, the San Rafael BPAC also unanimously supports this ask, as outlined in their March 8, 2017 letter to the City Council, supported by notes from the August 3, 2016 BPAC meeting, both of which are attached as Exhibit "H." 2. SMART must reissue its currently circulating bid for the project with design drawings that include the SMART Pathway. Page 3 of 4 Tit.\NSPOIt'1'A'l'ION Ai:1'1 IItN,\'1'IVI:S I -'Olt l\I.\RIN • 187 E. BLI'1'1 fi[llAL1? A\fi-NUli • MILL VA1.I,Is1' • CA • 94941 TI.I.: 415.389.5040 x34 F.\ -x: 415.389-5044 '.ff'& %N%.- TAMM'un rAl I ». AIIIaN,crrvts Ion %I IR 3. SMART must begin construction of both the rail and the Pathway no sooner than March 1, 2018. 4. SMART must coordinate and build the SMART Pathway preferred alternative from Andersen Drive to 2nd Street at the same time as the rail. 5. SMART must not cross 2nd Street with the rail portion of the San Rafael to Larkspur Operating segment before March 1, 2021. Please note that if 1- 4 above are not done, the SMART Pathway (otherwise known as the North South Greenway) through Marin may never be built as the voters intended. Such an eventuality, especially in a critical section that would otherwise connect two transit centers and bridge gaps between our communities, would be a railroad job indeed. Respectfully submitted, Patrick Seidler President cc: San Rafael Department of Public Works San Rafael Bicycle & Pedestrian Advisory Committee Marin County Bicycle Coalition Page 4 of 4 TRANSPORTATION Ai,' IiRNATI\1IiS ICOR MARIN • 187 E. BI.I'1711tD:V.I: A\,i-NUI; • i ILL VAI.I.n' • CA • 94941 TI'1 :415.389.5040 x24 FAx: 415.389 5044 MEMORANDUM OF UNDERSTANDING EXHIBIT "A" This Memorandum of Understanding ("Agreement'D is entered into this 25th day of October, 2005 by and between the Golden Gate Bridge, Highway and Transportation District, public agency ("GGB'j, the County of Marin, a public agency ("County"), the Marin County Transit District, a public agency ("MCTD") and the Sonoma Marin Area Rail Transit District public agency ("SMART"'), (collectively referred to as the "parties'D. RECITALS A. Pursuant to an Agreement of Purchase and Sale signed in 1984 by and between GGB, as Buyer, and Northwestern Pacific Railroad Company ("NWP") and One Market Street Properties, Inc., as Seller, as amended to date, and all ancillary documents thereto (collectively, the "Corte Madera Purchase Agreement', GGB acquired a segment of the railroad right-of-way commonly known as the Corte Madera Right -of -Way from NWP MP 11.4 in the City of Corte Madera, California, to N WP MP 14.6 in the city of Larkspur, California, together with all appurtenances thereto, (collectively, the "Corte Madera ROW'). B. Pursuant to an Agreement of Purchase and Sale dated January 24, 1983 by and between GGB, County, and MCTD, as Buyer, 'and Northwestern Pacific Railroad Compa.ny("NWP") and One Market Street Properties, Inc., as Seller, as amended to date, and all ancillary documents thereto (collectively, the "Larkspur Purchase Agreement'j, GGB, County and MCTD acquired a segment of the railroad right-of-way commonly known as the Larkspur Right -of -Way from NWP MP 14.6 in the City of Larkspur, California, to NWP MP 15.71 in the city of San Rafael,, California, together with all appurtenances thereto, (collectively, the "Larkspur ROW'). C. Pursuant to an Agreement of Purchase and Sale dated June 1, 1990 by and between GGB, as Buyer, and Southern Pacific Transportation Company ("SP" ), predecessor in interest to Union Pacific Railroad Company CTW ), and Northwestern Pacific Railroad Company ("NWY% collectively as Seller, as amended to date, and all ancillary documents thereto (collectively, the "San Rafael Purchase Agreement"), GGB acquired a segment of the railroad right-of-way commonly known as the San Rafael Corridor Right -of -Way from NWP MP 15.71 in the City of San Rafael, California, to NWP MP 26.96 in the City of Novato, California, together with all appurtenances thereto, (collectively, the "San Rafael ROW D. The Corte Madera ROW, the Larkspur ROW, and the San Rafael ROW, are collectively referred to in this Agreement as the "ROW". D. Pursuant to a lease dated May 13, 2002 ("Marin Sanitary Lease"), GGB, County and MCTD leased to Marin Sanitary District aportion of the San Rafael ROW along with certain adjacent property owned by GGB ("Marin Sanitary Property"). E. GGB constructed, maintains and operates in coordination with the City of San Rafael the San Rafael Transportation Center ("SRTC"} across part of the San Rafael ROW and on separate property owned by GGB. F. in December 1998, GGB acquired from the State of California, Department of Transportation, approximately 3.35 acres of unimproved real property in the_vicinity of 1026943.13 EXHIBIT "A" (i7 GGB hereby grants to SMART an option to purchase that portion of non -ROW real property CMarin Sanitary Option Property") owned by.GGB that is subject to the Matin Sanitary Lease, as set forth on the map attached hereto as Exhibit G to this Agreement, in its AS IS WHERE IS condition, subject to all faults, at a price'equal to the greater of (a) the price paid by GGB for the Marin Sanitary Option Property plus a rate of return on the purchase price equal to GCB's average rate of return on its invested funds, compounded annually from the date the Marin Sanitary Option Property was acquired, and (b) the fair market value of said property as of the date of exercise of the Option, as determined by mutual agreement of SMART and GGB or by a mutually agreed upon -process by which a third party appraiser determines fair market value. In any such valuation, it shall be assumed that adequate access exists across- the ROW to allow the conduct of normal commercial activities on the subject property. Transfer of title to the Marin Sanitary Option Property shall be by quitclaim deed. SMART shall pay any and all closing, title insurance and other costs incurred in connection with any such transaction. The option will terminate if not exercised within five (5) years of the date of this Agreement. As a condition to closing, GGB shall prepare, and GGB and SMART shall agree upon, a legal description for the Marin Sanitary Option Property. C. The parties acknowledge that GGB owns and has continuing obligations to restore a tidal wetlands area in Corte Madera, California known as the "Muzzi Marsh." The parties further acknowledge that GGB and the town of Corte Madera want to provide the public with access to the Muzzi Marsh. Accordingly, GGB shall reserve in the Deed: (1) a temporary crossing easement at Industrial Way in the town of Corte Madera ("Industrial Way Crossing Easement"), (2) a temporary longitudinal access easement ("Industrial Way Longitudinal Easement') from Industrial Way:in the town of CorteMadera to the northern most boundary of the Muzzi Marsh, (3) a permancnt public access easement ("Access Easemenf) from the southern boundary of the Muzzi Marsh to the northern most boundary of the Muzzi Marsh, and (4) a permanent construction and maintenance access easement ("Maintenance Easement's (collectively, the "Muzzi Marsh Easements'). The Muzzi Marsh Easements are depicted on the attached Exhibit H and will be described in the Deed at Closing based on mutually agreed upon legal descriptions prepared by GGB. The Industrial Way Crossing Easement and Industrial Way Longitudinal Easement will terminate upon SMART's issuance of a notice to proceed on SMART's primary contract for construction of improvements necessary to commencement of revenue service over those portions of the ROW subject to said easements. Ail of the Muzzi Marsh Easements will be assignable by GGB. If, based on an affirmative determination by SMART that is communicated to GGB, it is necessary to relocate the Access Easement to accommodate SMART's proposed rail service over the Corte Madera ROW, the Access Easement will be subject to relocation to a mutually agreeable location on the ROW at SMART's request Such a relocation will provide comparable access to the ROW from the north and will be timed to coincide with SMART's issuance of a notice to proceed on SMART's primary contract for construction of improvements necessary to commencement of revenue service over the Corte Madera ROW. f. At Closing, SMART shall grant to GGB a license to use a segment of the ROW in the vicinity of Larkspur Ferry Terminal as an overflow parking area for the terminal consistent with past use of this area for such purpose in the form of the license agreement attached hereto as Exhibit I ("Larkspur Parking License'l. GG$'s use of the licensed area will occur in such a manner that will be compatible with all appropriate pre, -construction activities 1026843.13 EXHIBIT "A" Closing Date. GOB, County and MCTD and SMART hereby agree that any of the aforesaid proration that cannot be calculated accurately as of the Closing Date shall be prorated on the basis of the parties' reasonable estimates. 6.6 Snecial Taxes. Bonds or Apsessments. If, at the time of Closing, any portion of the ROW is affected by an assessment or other charge, whether for taxes or bonds, or interest thereon, which is or may become payable in installments, and an installment payment of such assessment is then a lien, then such installment shall be prorated as the Closing Date. All installments not then yet due whether or not the same have been prepaid shall not be prorated and SMART shall assume such bonds or assessments. Any prepaid assessments made in advance of their due dates shall be credited to GGB, County and MCTD, as appropriate. In addition, SMART shall assume any and all future bonds, assessments, special taxes, fees or charges applicable to the ROW far liabilities now or hereafter imposed by any governmental authority (collectively referred to as "Governmental Requirements'l including, without limitation, any such Governmental Requirements imposed by any county or municipality with jurisdiction over aportion of the ROW, and those for (i) common area improvements, whether or not specifically set forth in this Agreement, (ii) local assessment or improvement districts, (iii) any special tax assessments, (iv) traffic mitigation improvements (v) park and recreation fees, and/or (vi) any other public facility infrastructure or traffic mitigation required or imposed by any county or municipality with jurisdiction over a portion of the ROW.. SMART shall assume all such bonds or future assessments without offset or.adjustment. 6.7 Costs and Exuenses. SMART will pay all costs and expenses incurred in connection with the Closing, including without limitation, escrow fees, recording fees, documentary transfer tax fees (if any) and title insurance premium fees. 6.8 Delivery of Documents. Title Company shall forthwith deliver to the party entitled thereto the recorded originals of such instruments or documents upon Title Company's receipt of the same. ARTICLE VII POST CLOSING COMMITMENTS OF THE PARTIES SMART hereby aclmowledges that GGB retains a valid public interest in assuring that the ROW is well utilized for public transportation purposes. SMART and GGB mutually acknowledge the need and desire to continue to work cooperatively on a sustained basis to advance the general public transportation mission of each agency and to administer their interdependent transportatiorrplanning and operational responsibilities with respect to the ROW. At the request of either party, SMART and GGB shall confer and cooperate on any particular matter related to the ROW that bears upon their respective transportation missions and SMART shall consider any request or proposal in good faith and with due deliberation. 13 1026943.13 SMART is Both Rail and Trail White Paper No. 8 EXHIBIT "B" For travelers who prefer to use their own muscle power to travel around Marin and Sonoma Counties, SMART's 70 -mile bike and pedestrian pathway is a key component of the North Bay passenger train project. Figure 1 Alignment and Bicycle/Pedestrian Pathway White Paper No. 8, February 2008 Along with train service between Cloverdale and Larkspur, the SMART project includes a parallel pathway that will provide the main north -south route for non -motorized transportation in the North Bay. With access to all 14 SMART stations and a majority of its length composed of paved, off-road, Class I bike path, the pathway will be a boon to cyclists, pedestrians, joggers and other users. Portions of it likely will become some of the most heavily utilized routes to SMART stations. Besides creating safe and dedicated routes to the train for commuters on bike or on foot, the path also will be a recreational jewel for Marin and Sonoma residents. SMART's environmental studies project it will be used by 7,000 to 10,000 people a day. The pathway cost is estimated at $91 million. SMART's funding plan calls for construction in stages, with two- thirds of the pathway to be completed in conjunction with development of the rail project (by 2014), more than 90 percent by 2018 and 100 -percent completion by 2029. Local cities and counties have built small segments of the pathway as part of other projects, however SMART will be responsible for the on-going maintenance of the pathway linking the rail stations. 8: 1 1WHI The SMART District worked closely with both the Sonoma and Marin County Bicycle Coalitions to design the bicycle/pedestrian pathway. In February 2003, SMART convened a Bicycle/Pedestrian Advisory Group (BPAG). The BPAG's mission was to review the inclusion of a pathway along SMART's railroad right-of-way and work with SMART project staff to design the path's specific alignment. The pathway includes segments that will implement portions of the Marin County Bicycle and Pedestrian Master Plan (June 2001), as described in Moving Forward: A 25 -Year Transportation Vision for Marin County (February 2003); as well as portions of the Sonoma County Bicycle Plan, as described in the Countywide Transportation Plan for Sonoma County (September 2001), and the Comprehensive Transportation Plan (June 2004). Implementation of the bicycle/pedestrian pathway components of these plans are an integral part of the proposed SMART project, and will create an important travel corridor in addition to a new community asset which can be used for commuting and/or recreation. The proposed pathway consists of approximately 54 miles of Class I (paved and off-road) pathway. It will be located mostly on the rail right-of-way and separated from vehicle traffic, providing a "linear park" experience that will be attractive for many users, from long-distance bikers to short -distance strollers to families, seniors and the disabled. In locations where the existing rail right-of-way is not of sufficient width to accommodate a pathway, or in environmentally sensitive areas, approximately 17 miles of Class H bike lane improvements will be created. Class II segments will consist of a dedicated striped lane for one-way bike travel on streets, and will be linked with the Class I portions of the pathway to create a continuous travel corridor. To protect bicyclists, pedestrians and animals from the trains in higher -speed areas, a safety structure will be built between the railroad tracks and the bicycle/pedestrian pathway. An advisory group has been convened to help create the safety structure along the rail corridor, much as the BPAG advised SMART on the alignment for the pathway. The safety structure group began meeting in early 2008 and is expected to complete its work this fall or winter. The type of safety structure will depend on the average speed of the train and the proximity of the pathway to the railroad track. In non -urban areas of the rail corridor that are not directly adjacent to Highway 101, and where a safety structure is proposed to be installed between the bicycle/pedestrian pathway and the tracks, intermittent gaps will be placed along the barrier to allow passage of wildlife. For more information about the SMART rail and trail project, go to tivtivry.sononramrar-intr-airr.ore or call SMART's information lines in Marin, 415-419-3510, or Sonoma, 707-583-2323. - ........ ..... . White Paper No. 8, February 2008 8 : 2 0 o 3 ou r) A OO O = 3 C r+ 3 G °° 00 � 1.4 w'1 0 N 00 -0. (p Q1 N 1n m m j Ln In O j w i✓ in o o 1 a o P- V 0 O N W In 00 rt m ul Z O A lD N V Ol 4�- 10 o Gp1 N W O N O rbo Or V N In �^ (D Ol V CD `" tD W N o V W w OO Ol Ul '� N H Z 0 W N W O Ol �I � W N oN ol c 0 r+ M N c •a r'r 0 m ED CA c m rz D ao -0 y p 0 A rrw +m 16 X rDN -0a 3 m 3 :•i rr • • • • • f9 a d rt Q Fi .n. rD rD„ A d a (� c. yrs y n y ° U) CD mov m `° ° a'o 0 o n .� p fl. a•.o p o o �•� 0 vy' Pd 0. m SQ o H G2. H � 0. � �.'O w C O o'p Oro �O °+o ° �O a r+ = 3 O " PT O ." D 1 R. O D. rt o � CL ^, �* U4 ro O O ^ crrD i7 n el W a rD a N y O `C O jE �E n V1 C �' O o fl `^ 9E 9E r' D = : a c �' ° wro n� rL � 0 c n n C) y O n c 0 OPd A N w CD m < �j •P n Ln o Pt CL0 f'D ~ y O. N D? n o�nZP O cern '- ~ O fD CSf O n !D �• w �' R n Pcn C/)Url "d CD A 0 JU N G ° fn n p° (D'.7 p, r+ M w �• 0 A �3 a D y s? f9 M Q- y y K Oid rt (1 co,O o in N 70 p yn F R. Ci C t9 n r!. ;Q r. • ''J . r+ n co 'C y � D a�' o O � B. o w cl m rD w -p '+ CD �o CR G0. `rnd 0 O CD . ar+ myc owOP ' n y• n 0 H C(Q . �7, p O '� •� D o '�: c �' 1� r'' G Co p ���-0 rt• C7 ra til, r�i 'o0 a• �^'COD Qq 3 a• `< O Pd � ro 00 y G Fd CD v m O rfD C^ y CL O M r' :3 Pd f /•� V r d O.''O fir, f/� ra. v v0Ri 13 �• ��.b ~iJ- to n f a - O O Al (D 0 ry a o p rt vii m �� � o 5 � .� 0 rL r_ O % 00 m us MIT "C" SONOMA-MARIN AREA RAIL TRANSIT DISTRICT MEASURE Q MEASURE Q: To relieve traffic. I YES fight global warming and increase transportation options, shall Sono -NO ma -Marin Area Raul Truisit District be authorized to provide two-way passenger train service every 30 minutes during weekday rush hours, weekend service, a bicycle/pedestrian pathway linking the sta- tions, and connections to ferry/bus service, by levying a I/4 -cent sales tax for 20 years, with an annual spend- ing cap, independent audits/oversight, and all funds supporting these environmentally responsible trans- portation alternatives in Marin and Sonoma Counties? COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF MEASURE Q The Sonoma -Marin Area Rail Transit District ("SMART") is a rail district created by the Legislature in 2003 to eval- uate, plan, and implement passenger rail and associated rail transit facilities and services from Cloverdale in Sono- ma County to a ferry terminal in Marin County that con- nects to San Francisco. The geographic area of the district includes all of Sonoma and Marin counties. The District is authorized, with the approval of the voters, to propose a special tax to implement this service. The District has adopted an ordinance proposing a quarter -cent transactions and use tax ($0.0025 on every $1 spent), to be imposed on retail sales in Sonoma and Marin Counties, beginning April 1, 2009. Proceeds of the tax would pro- vide funding for the design, construction, implementation, operation, financing. maintenance and management of the rail system and a bicycle/pedestrian pathway from Clover- dale in Sonoma County to Lark -spur in Marin County. An Expenditure Plan for the tax revenues is incorporated into the proposed sales tax ordinance. The revenue from the tax can only be spent on project elements listed in the Expen- diture Plan, including but not limited to: 1. Weekday and weekend passenger rail service. * 2. A parallel bicvcle/pedestrianatliwajj1. 3. Fourteen rail stations from CPverdale to Larkspur (9 in Sonoma County, 5 in Marin County). 4. Rehabilitation and upgrading of the existing Northwest- ern Pacific Railroad (NWP) corridor from Cloverdale to Larkspur, including new passenger train passing sidings. 5. A maintenance facility in either Cloverdale or Windsor. 6. Shuttle service at selected rail stations. The tax would be collected in the same manner as sales tax is currently collected, would begin on April 1, 2009, and would continue in effect for twenty (20) years. The District is empowered tinder state law to issue bonds to fiord all or part of the construction of the project, so that work can begin sooner. The bonds would be repaid over time from the tax revenue collected. The ordinance also establishes an appropriations (.spending) limit for SMART. The ordinance must be approved by two-thirds of the vot- ers voting on the question in order for the special tax to go into effect. s/PATRICK K. FAULKNER s/STEVEN WOODSIDE Marin County Counsel Sonoma County Counsel EXHIBIT "D" EXCERPTS OF MEASURE Q ORDINANCE NO. 2008-01 AN ORDINANCE OF THE SONOMA-MARIN AREA RAIL TRANSIT DISTRICT IMPOSING A RETAIL TRANSACTIONS AND USE TAX TO BE ADMINIS- TERED BY THE STATE BOARD OF EQUALIZATION; ADOPTING AN EXPENDITURE PLAN; AND ESTAB- LISHING AN ANNUAL APPROPRIATIONS LIMIT FOR TFfE SONOMA-MARIN AREA RAIL TRANSIT DISTRICT. BACKGROUND FINDINGS: The Sonoma -Marin Area Rail Transit District (SMART) was created to provide a passenger rail system along the Northwestern Pacific Railroad within Sonoma and Marin Counties. The entire 75 -mile corridor is publicly owned and can be used to provide passenger rail service. SMART will provide passenger r,,ul service and a bicycle/pedestrian pttlhway to 14 rail stations in Sonoma and Marin Counties. SMART is conunitted to providing service with the most environmentally clean passenger rail vehicle possible. SMART requires this measure in order to provide match- ing revenues to existing state and federal transportation grants, to bond for the construction of the project, and to provide funding for the on-going operation and mainte- nance of the project. Section 1. TITLE. This ordinance shall be known as the Sonoma Marin Passenger Rail Act. The Sonoma - Marin Area Rail Transit District hereinafter shall be called "District." This ordinance shall be applicable in the incor- porated and unincorporated territory of the Counties of Sonoma and Marin, which shall be referred to herein as "District." Section 2. OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter conunenc- ing more than 110 days after the effective date of this ordi- nance, as set forth below. Section 3. PURPOSE. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accom- plish those purposes: A. To provide funding for the design, construction. implementation, operation, financing, maintenance and management of a passenger rail system and a bicycle/ Fedestriau pathway connecting the 14 rail stations from Cloverdale to Larkspur. B. To impose a retail transactions and use tar in accordance with the provisions of Part 1.6 (commencing with Section 725 1) of Division 2 of the Revenue and Tax- ation Code and Section 105115 of the Public Utilities Code which authorizes the District to adopt this tax ordi- nance which shall be operative if a two-thirds majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. SMM-1 [Emphasis Added] EXHIBIT "D" SONOMAmMARIN AREA RAIL TRANSIT DISTRICT 2008 EXPENDITURE PLAN SMM-R July 2008 I. Executive Summary: SMART Expenditure Plan The Sonoma -Marin Area Rail Transit District (SMART) proposes a '/a -cent sales tax measure for Sonoma and Marin Counties in order to pay for the construction and operation of a passenger train system and ancillary bicycle! pedestrian pathway along the existi ig ublicl * owned Northwestern VaCITIC Kailroa . Ie . SMART project will extend from Cloverdale in Sonoma County to Larkspur in Marin County. (See Figure 1) [Emphasis Added] SMART s proposed '/a -cent sales tax measure would relieve traffic, fight global warming and increase transportation options, by providing two-way passenger train service every 30 minutes during weekday rush hours, weekend service, a bicycle/pedestrian pathway linking the * stations, and connections to ferry/bus service, by levying a 1/4 -cent sales tax for 20 years, with an annual spending cap, independent audits/oversight, and all funds supporting these environmentally responsible transportation alternatives in Marin and Sonoma Counties. Passage of this measure allows SMART to access other stale, regional, and federal funds for the provision of passenger train service that are currently unavailable to Sonoma and Marin residents. This measure would raise approximately $890 million over a 20 -year period or approximately $45 million a year. The proceeds of the lax would be allocated to the design, construction, implementation, operation, financing, maintenance and management of a passenger train system and a bicycle/pedestrian pathway * connecting the proposed train stations. In 2006 SMART certified an Environmental Impact Report (EIR) analyzing the potential environmental impacts of the proposed passenger train and pathway corridor. The report's findings included: • The train and pathway project is the environmentally superior alternative to the congested 101 freeway. • The proposed project would reduce greenhouse gases. • Up to 1.5 million car trips would be removed from Highway 101 annually. SMM-9 EXHIBIT "D" Energy use is reduced thereby reducing dependence on fossil fuels. The pathway provides another clean transportation option linking the train stations, along with health and recreational benefits. Replacement of waterway bridges and culverts with modern structures would significantly improve drainage along the train corridor and eliminate seasonal flooding. More recently, a Supplemental EIR was prepared to evaluate: • Potential addition of weekend passenger train service; • Potential use of lighter -weight train vehicles; • Potential alternative locations for the Novato South Station; and • The cumulative impact due to a change in the level of future freight rail service operating in the SMART corridor. See www.sonomamarintrain.oro to view the environmental documents. II. SMART Expenditure Plan Background A. SMART District Role and Purpose On January 1, 2003, the SMART District was established by the California Legislature through the enactment of AB 2224. The SMART District includes both Sonoma and Marin Counties and was created for the purpose of providing a unified and comprehensive structure for the ownership and governance of a passenger rail system within Sonoma and Marin Counties. The goal of SMART is to provide passenger train service along the existing publicly -owned railroad right-of-way. B. Rail Corridor Ownership and Management The primary asset of SMART is the NWP rail right-of-way and properties contained within that right-of-way along the railroad corridor extending from Healdsburg in Sonoma County to Corte Madera in Marin County. (See Figure 1). This right-of-way is a significant public asset and is to be managed for the public's use and benefit via the restoration of passenger train service and the development of a pathway linking the train stations. SONOMA COUNTY LEGEND Q Proposed Stations -mQ Maintenance Facility Urban Areas +aH+*+ Railroad ® Highway Proposed Project Corridor - Major Roads Not to scale fiMM-10 Figure 1 ardale Paelllc Ocean Ott EXHIBIT "D" f �4eaidsburg ndsor 4, w+ venue r R 11roa hnert Park t Cotatj na Road MARIN COUNTY Novato Noodif� � t Novato ao San Pablo Bay Marin Civic b"kytnr tttWn Sarr ifts^ -: La lot Paelllc Ocean Ott EXHIBIT "D" SMART is managed by a General Manager, who is appointed by and reports to the SMART Board of Directors. SMART adopts an annual budget documenting all revenues and expenditures. Upon passage of this measure, SMART will prepare a Strategic Plan, under the direction of the SMART Board of Directors, and will update the plan at least every five years. The Strategic Plan will provide detailed annual revenue and cost assumptions for project implementation and operation. SMART will also prepare a five-year Short Range Transit Plan documenting service and funding assumptions. Prior to initiating train service, SMART will prepare a Start -Up Plan and an Emergency Preparedness Plan one year in advance of scheduled service. The Start -Up Plan will include implementation requirements, schedule assumptions, staffing, and maintenance and operations requirements. The Emergency Preparedness Plan will be developed in coordination with local jurisdictions and emergency responders and will address response protocols and procedures along the corridor. A Citizens Oversight Committee will be established by the SMART Board to provide input and review on the Strategic Plan and subsequent updates. The committee will be composed of citizens from the SMART District, appointed by the Board. C. Community Outreach SMART's community outreach efforts have included monthly public Board meetings, public hearings, special ad hoc meetings and hundreds of presentations to community, business and special issue groups. SMART maintains an agency website with regular postings of project documents, a project hotline with phone numbers in both Sonoma and Marin counties and has provided regular email updates on the project's development to over 2,200 email recipients each year. III. Expenditure Plan and Project Details A. Project Description The SMART passenger train project will upgrade the existing NWP right-of-way, to provide passenger train service from Cloverdale to Larkspur, with convenient linkages to bus, ferries, and shuttle feeder routes and direct connections to the bicycle/pedestrian pathway. Fourteen stations are planned, nine in Sonoma County and five in Mann County. Proposed station sites include: Cloverdale, Healdsburg, Windsor, Santa Rosa (two stations), Rohnert Park, Cotati, Petaluma (two stations), Novato (two stations), Marin Civic Center, San Rafael and Larkspur. SIVIM-11 EXHIBIT "D" Two-way train service is proposed at 30 minute frequencies, operating in the weekday a.m. and p.m. commute periods, along with one mid-day train. Weekend train service is also proposed with four, two-way round trips per day on Saturdays and Sundays. B. Project Components: Capital Improvements 4. Implementing Other Needed Improve- ments: Two tunnels will be upgraded for train service. The CalPark Hill Tunnel, between San Rafael and Larkspur, will be funded 50% by SMART and 50% by Marin County. The CalPark Hill Tunnel will include both train and pathway improvements The Puerto Suello Hill Tunnel, located north of San Rafael, will be upgraded for passenger rail service. All public crossings will be upgraded along the rail line. A new signal and dispatch system will be provided along the rail line to contra train operations in accordance with state and federal operating rules and requirements. The replacement of old railroad bridges and trestles will provide significant improvements in drainage and aid in the elimination of seasonal Flooding along the corridor. 5. Providing Funding for a Bicycle/ Pedestrian Pathway: SMART will provide a bicycle/pedestrian pathway along the SMART rail corridor linking the 14 train sfations and on- going annual maintenance of the pathway. 6. Providing for Connecting Shuttle Services: Peak hour shuttle service is proposed for selected train stations. SMART has proposed nine shuttle routes serving selected stations during peak commute periods. Maps showing the shuttle routes are included as part of White Paper #9 and can be found on the district's website at www.sonomamarintrain.ora. 7. Building a Needed Maintenance Facility: A maintenance facility will be constructed to provide rail car maintenance and storage. 8. Implementing Quiet Zones: SMART has committed to funding Quiet Zones in urban areas along the corridor, which would allow crossings to operate without train horns. [Emphasis Added] EXHIBIT "E" Metropolitan Transportation Commission Programming and Allocations Committee February 12, 2014 Agenda Item 3a Sonoma -Marin Area Rail Transit (SMART) $20 million • fund elements in preparation for SMART Larkspur Extension, to include: • Andersen Drive Rail Crossing • San Rafael Bettini Transit Center access improvements and potential future relocation • Multi-purpose bike/pedestrian pathway San Rafael- Marin Civic Center San Rafael • Downtown qrrr Lerrkxtse„r ka,ryiN�ar ricdl �tltlt 1:tF,i t }1 OrIAr`jr7nd Requres publichearing ; `- May 14, 2014 Agenda Item 3a.i Amendments to Regional Measure 2 Capital Projects MTC Resolution No. 3801, Revised • Staff to work with SMART to advance rail extension $20 million • TIGER grant application endorsed by MTC • Alternatively, could fund elements in preparation for SMART Larkspur Extension: • San Rafael Bettini Transit Center access improvements and potential future relocation ■ Multi-purpose bikelpedestrian pathway San Rafael - Marin Civic Center k„r i&,;':nr San Rafael • Downtown 1+tl ltrr tip tarkVw,0.r,ryephwSnad1 a '#Utrvat �ril� i. Fl7l� EXHIBIT "F" MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between the Sonoma Area Rail Transit District ("SMART"), the Marin County Bicycle Coalition ("MCBC"), the Transportation Alternatives for Marin ("TAM"), the County of Marin ("County"), and the City of San Rafael ("City"). RECITALS WHEREAS, SMART prepared an Environmental Assessment ("EA") for a Proposed Action for the SMART extension from the Downtown San Rafael Station to the Larkspur Station. WHEREAS, Marin County Bicycle Coalition & Transportations Alternatives for Marin and SMART disagree regarding the adequacy of the EA. WHEREAS, all Parties desire to cooperate to study options for and implement a multi -use - pathway between Second St. and Anderson Dr. NOW THEREFORE, in consideration of Marin County Bicycle Coalition and Transportation Alternatives for Marin foregoing any legal action challenging the EA for the extension of the SMART Train from the Downtown Sari Rafael Station to the Larkspur Station, the Parties agree to the following: 1. In consideration of all parties agreeing to the terms herein, Marin County Bicycle Coalition & Transportation Alternatives for Marin shall forego any legal challenge to the EA so long as the parties cooperate in the implementation of the terms of this Memorandum to accomplish the goals set forth herein. 2. COUNTY shall, within 60 days after execution of this memorandum, hire a consultant to conduct a feasibility study, including options, for implementation of a multi -use -pathway from Anderson Drive to Second St. Representatives from MCBC and TAM shall have an opportunity to provide input during the development of the feasibility study and will participate in all meetings with the project Consultant. 3. City agrees to implement all measures set forth in the City Manager's February 10, 2015 letter which is attached hereto and incorporated herein as Exhibit "A". 4. SMART agrees to allow the multi -use -pathway to be constructed within the SMART right of way from Andersen Drive to Second St. so long as the pathway does not interfere with either SMART's double rail alignment or setbacks required by regulatory agencies. The Parties have executed this Memorandum on2015. Sonoma -Marin Area Rail Transit District By: _ Ch i man, o rd of Directors Pagel of 2 EXHIBIT "F" City of San Ra el By: Mayor, City f San Rafael County of M rk By: f Com_ Chairman, Board of Supervisors Marin County Bicycle Coalition Transportation Alternatives of Marin By. //%25'/1. fVAe144l -14- SF�D415e Page 2 of 2 yrCITY OFVICE,: N1 �j<rFt►x�' February 10, 2015 EXHIBIT "F" MAYOR GARY O. PHILLIPS YoR ANDREW CUYUGAN MCCULLOUGH CUUNCILMEMBER MARIB:1 H AUSHEY COUNCI LME• MBER KAT: COLIN COUNCILWM ER JOHN GAMBLIN CITY MANAGER'S OFFICE PHONE: 415-485-3070 FAX: 415-459-2242 Dear Members of San Rafael BPAC, MCBC, and Transportation Alternatives for Marin, Thank you for the time and energy you contribute working with the City to improve bicycle and pedestrian infrastructure in San Rafael. We all share a desire to make San Rafael a place where cyclists and pedestrians feel safe and comfortable. On January 20th, the City Council heard concerns from many members of the public, including your organizations, regarding SMART's commitment to include a parallel multi -use pathway adjacent to the SMART tracks. In particular, concerns were raised about three "gaps" in the multi -use pathway system which require cyclists to use Class II or Class III facilities for portions of their trip. The City's role in that effort is to work with SMART so that this community asset is realized to the greatest extent possible within our limited authority and resources. To that end, the City is committed to implementing the San Rafael Bicycle and Pedestrian Master Plan and working with SMART on their implementation of a multi -use pathway. Our Master Plan identifies bicycle and pedestrian routes on all three of these "gaps" and we are committed to fulfilling the Plan. On January 20th the City Council asked Mayor Phillips to bring up the concerns raised that night at the January 21 SMART Board meeting, which he did. The City Council also directed that staff continue to work with SMART, BPAC, and other stakeholders such as MCBC and Transportation Alternatives of Marin as well as the City Council Adhoc SMART Subcommittee on this multiuse path issue. Having said that, the Council also concurred with my recommendation that City staff continue to focus our efforts on work related to the segment between Civic Center and Downtown, as this is currently funded and under construction. While we understand that funding may soon be secured for the connection to Larkspur, we will continue to focus work on our current projects, which will conclude by early 2016 and we will then have more City resources available to spend time considering SMART multiuse pathway options for travel from Downtown to the Cal Park Tunnel. We agree that Class I pathways are the most desirable facility; however, in these constrained areas the City must consider impacts to EXHIBIT "F" and needs of other stakeholders, such as economic and business vitality, parking, roadway configurations, General Plan policies, environmental issues, and traffic congestion. We look forward to working with you on this important issue. Sincerely, Nancy Mackle City Manager cc Mayor and City Council Nader Mansourian, Public Works Director EXHIBIT "G" MEMORANDUM OF UNDERSTANDING - PART II This Memorandum of Understanding - Part II is entered into by and between the Sonoma Marin Area Rail Transit District (SMART), the Marin County Bicycle Coalition (MCBC) and Transportation Alternatives for Marin. SMART, MCBC and Transportation Alternatives for Marin will hereinafter be collectively referred to as the Parties. WHEREAS, SMART prepared an Environmental Assessment for a Proposed Action for the SMART extension from the Downtown San Rafael Station to the Larkspur Station that was for Rail and roadway improvements only. WHEREAS, MCBC and Transportation Alternatives for Marin contend that the Environmental Assessment is legally deficient because, inter alfa, it fails to properly consider the SMART Pathway and is in conflict with Measure (Xs promise to the voters of a train and SMART Pathway connecting the 14 stations. WHEREAS, SMART contends that its Environmental Assessment is legally sufficient and that it has no legal obligation to build a SMART Pathway in the right of way from 2"`r Street to Anderson Drive WHEREAS, the Parties share a desire for a Pathway to be built in or near the SMART right of way between Larkspur and Cloverdale; WHEREAS, it is the intent of the Parties to cooperate toward building a SMART Pathway from Andersen Drive to 2"`r Street in or near the SMART right of way at the same time as the rail if possible, without any cause of delay to the SMART rail project; WHEREAS, the Parties further want to work together in a collaborative effort to realize their shared goal of completing the rail from Larkspur to Cloverdale and completing the SMART Pathway connecting all of the 14 stations as soon as possible. NOW THEREFORE, in consideration of MCBC and Transportation Alternatives for Marin agreeing not to file an action challenging the NEPA Environmental Assessment of the extension of the SMART Train from the Downtown San Rafael Station to the Larkspur Station, the Parties agree to the following: Page 1 of 3 November 25, 2015 EXHIBIT "G" MEMORANDUM OF UNDERSTANDING — PART II A. The Andersen Drive to 2"d Street Segment of the SMART Pathway 1. PATHWAY DESIGN a. The Feasibility Study is expected to bring the Pathway drawing to approximately 20% to 30% engineering from Rice Drive to 2"" Street. b. In approximately February 2016 SMART and the City of San Rafael expect to begin work to finalize the design of the SMART rail alignment from Larkspur to downtown San Rafael. The design project will include moving W. Francisco Blvd. between Rice Drive and 2"" Street from the east side of the double track alignment to the west side of the tracks. c. The Parties agree to work in good faith and in full cooperation to facilitate bringing the Pathway to 100% engineering if possible in the same time frame as the federal rail and roadway project is being brought to 100% engineering without any cause of delay to the SMART rail project. 2. PATHWAY ENVIRONMENTAL CLEARANCE a. The Parties agree to request the City of San Rafael to be the lead agency to environmentally clear the Pathway.where required from Andersen Drive to 2nd Street. 3. PATHWAY PRIORITIZATION AND FUNDING a. The Parties agree to establish a SMART Ad Hoc Committee within the next 60 days, dedicated to: i. Developing a plan that identifies and prioritizes uncompleted Pathway and rail segments in Marin and Sonoma Counties; ii, Estimating projected costs based upon best available information for each segment; iii. Identifying potential funding toward the construction of those segments; and iv. On an annual basis the Ad Hoc Committee will identify which grants to target for specific segments. b. The Ad Hoc Committee will be composed of two SMART Board Directors, one representative from the MCBC and one from Transportation Alternatives for Marin. An invitation will be extended to Sonoma County Bicycle Coalition to provide a representative. The Ad Hoc Committee will meet as necessary to complete the tasks in Paragraph 3(a). c. The Parties acknowledge that the Transportation Authority of Marin will fund $1 million toward the design, environmental clearance and construction of the Pathway from Andersen Drive to Rice Drive. Page 2 of 3 November 25, 2015 EXHIBIT "G" MEMORANDUM OF UNDERSTANDING - PART II 4. PATHWAY BUILDING Starting in approximately August 2016, SMART plans to begin construction on the Andersen Drive to 2nd Street segment of the rail and the relocation of W. Francisco Blvd., working from the south to the north. The Parties agree to ask San Rafael, the County of Marin, Transportation Authority of Marin and the MTC to build the Pathway from Andersen Drive to 2"d Street if possible at the same time, or contemporaneously with the SMART train alignment and the reconstruction of W. Francisco Blvd. without any cause of delay to the SMAR rail project. The Parties agree to work with each other in good faith and to work in good faith with San Rafael, the County of Marin, Transportation Authority of Marin, and MTC toward this objective. b. A public agency will besought to build the Pathway from Andersen Drive to 2nd Street. IN WITNESS WHEREOF, the Parties have caused this Memorandum of Understanding Part II to be executed on the date set forth below. The signatories below represent that they have the authority to bind their respective organizations. SONOMA-MARIN AREA RAIL TRANSIT DISTRICT: BY: !� �l !a9/ S JU Y Atoa D Date S RTd Chairperson MARIN COUNTY BICYCLE COALITION: BY: 1 S JIM EL S Date Executive Director TRANSPORTATION ALTERNATIVES FOR MARIN: PATRICK M. SEIDLER Date President Page 3 of 3 November 25, 2015 EXHIBIT "H" March 8, 2017 Mayor Phillips and Council Members San Rafael City Council 1400 5th Street San Rafael, CA 94901 RE: BPAC's support of multiuse path alternatives analyzed in Alta Planning and Design's feasibility study and request that the City of San Rafael encourage SMART to fully fund multiuse path from Second Street south through San Rafael. [This letter originally drafted to City Council on September 15, 2016.1 Dear Council Members: The mission of BPAC as stated under its charter adopted by City Council on January 20, 2015 is the following: The goal of the Bicycle and Pedestrian Advisory Committee is to promote bicycling and walking as viable means of transportation throughout San Rafael; to provide conceptual input on public bicycle and pedestrian infrastructure projects; and to support the implementation of the City's Bicycle and Pedestrian Master Plan. In addition, BPAC's first listed goal is to serve as advisors to City Council for bicycle and pedestrian matters in the City, representing the interests of citizens and local advocacy groups. BPAC, in its capacity as an advisory committee to San Rafael City Council, voted unanimously at its BPAC meeting on August 3, 2016 to make the following two recommendations to Council: BPAC supports the development of the multiuse path from 2nd to Rice along the SMART right-of-way, to 30% engineering and through environmental clearance, for both Alternative 3, of the County -funded Alta Planning and Design feasibility study, for its mode separation for all users, and Alternative 2 as a second option. BPAC recommends that the City of San Rafael encourage SMART to fully fund the multiuse path in San Rafael, as approved by the voters. Thank you for your consideration of these two important recommendations. BPAC Chair EXHIBIT "H" Minutes for City of San Rafael's BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE MEETING COMMUNITY DEVELOPMENT CONFERENCE ROOM 1400 5TH AVENUE SAN RAFAEL, CA 94901 WEDNESDAY, August 3, 2016 1. Call to Order: Tim Gilbert (chair) called meeting to order at 6:02. In attendance: City Staff and guests: Bill Guerin, Director DPW; Richard Landis, Administrative Manager DPW and BPAC liaison; Kevin McGowan, Assistant Director DPW and City Engineer; Jeff Stutsman, DPW Engineer; Paul Klassen, Alta Planning and Design; Carey Lando, Marin County Department of Public Works BPAC Members: Tim Gilbert (chair), DJ Allison (vice chair), Jerry Belleto (alternate), Amy Beresford Kevin Hagerty, Joakim Osthus, Kate Powers Absent: Jim Geraghty, Rob Simon (alternate) Members of the Public: Wendy Kallins, Coalition for a Livable Marin (CALM); Patrick Seidler, Transportation Alternatives of Marin; Jean Severinghaus, CalTrans D4 Bicycle Advisory Committee Marin Member -at -Large 2nd to Rice Multi -Use Path Paul Klassen from Alta Planning and Design presented the feasibility study for the MUP pathway along the SMART r4ght-of-way from 2nd Street to Rice. SMART's rail extension environmental assessment was approved in 2015. Transportation Authority of Marin requested that the County conduct a feasibility study for fit of multi -use pathway in public ROW. Issues outlined in the study consist of the limited width of the public ROW, the physical and regulatory constraints involving SMART's double track layout, compliance with safety and environmental standards, the street and rail flip concept (which was included in the Larkspur extension environmental assessment (EA), and other evolving railroad alignments, many utilities in the area, the wetlands under Army Corps of Engineers (ACE) jurisdiction, and the privately held property in the area. Larkspur extension EA included the flip so that street would be between railway and channel and it includes added retaining walls in the channel. According to Paul, environmental agencies have agreed to the impacts of extending the concrete wall 300 feet south of Irwin Street with encroachment into the bank in concept, but not in the wetlands. It's preferable not to encroach anymore than what has been approved by the EA. ACE, Fish and Wildlife, Regional Water Control Board regulatory agencies are very opposed to filling and culverting any portion of the channel. The only concern expressed of cantilevering over channeling is shading. Motion: BPAC recommends that the City of San Rafael encourage SMART to fully fund the MUP path in San Rafael as approved by the voters. Amy/Jerry. Motion passed unanimously. Motion: BPAC supports the development of a MUP from 2nd to Rice along the SMART ROW to 30% engineering and through environmental clearances for both Alternative 3 for its mode separation for all users, and Alternative 2 as a second option. Jerry/DJ. Motion passed unanimously. 4. Adjourn Meeting adjourned at 8:07 p.m. Notes: KP