HomeMy WebLinkAboutPW Quiet Zone Request to PUC and Federal Railroad Admin; Amendment 2SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
KAL KRISHNAN CONSULTING SERVICES, INC. FOR PROFESSIONAL SERVICES FOR
THE SMART LARKSPUR EXTENSION QUIET ZONE
THIS SECOND AMENDMENT to the Professional Services Agreement by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and KAL KRISHNAN
CONSULTING SERVICES, INC., (hereinafter "CONSULTANT"), is made and entered into
as of the_,j4�O day of_MAJ7r-4 , 2020.
RECITALS
WHEREAS, the CITY and CONSULTANT entered into a Professional Services
Agreement dated January 12, 2018 for services associated with developing a quiet zone
from downtown San Rafael to the Larkspur/San Rafael City limit in an amount not to exceed
$19,878 (the "Agreement"); and
WHEREAS, the CITY and CONSULTANT entered into a First Amendment dated
October 15, 2019 for additional services associated with developing a quiet zone in an
amount not to exceed $11,931.73, and increasing the total not to exceed amount under the
Agreement to $31,809.73; and
WHEREAS, CITY now requires services from the CONSULTANT in connection
with the recertification of the northern San Rafael Quiet Zone, and the CONSULTANT is
willing to provide such services; and
WHEREAS, CITY and CONSULTANT now desire to amend the Agreement
as stated herein;
AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:
1. Paragraph 2 of the Agreement, entitled "DUTIES OF THE CONSULTANT," is
hereby amended to include the additional services set forth in CONSULTANT's
proposal entitled "Scope and Budget Addendum for 2020 Services" dated
February 24, 2020, attached to this Second Amendment as Attachment "A" and
incorporated herein by reference.
2 Paragraph 4 of the Agreement, entitled "COMPENSATION," is hereby amended
to include additional compensation payable to CONSULTANT for the services
described in Attachment "A" to this Second Amendment, on a time and
materials basis in a not -to -exceed amount of $15,063.06, and to change the
total not -to -exceed amount under the Agreement to $46,872.79. Such
additional compensation shall be paid at the rates for CONSULTANT as set
forth in Attachment "A," attached to this Second Amendment and incorporated
herein by reference.
3. Except as specifically amended herein, all of the other provisions, terms and
obligations of the Agreement between the parties, as amended by the First
Amendment, shall remain valid and shall be in full force.
IN WITNESS WHEREOF, the parties have executed this Second Amendment on the
day, month, and year first above written.
CITY OF SAN RAFAEL
JIM S H TZ, City M na r
ATTEST:
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
- L d Ajk,,j. u -c -
ROBERT F. EPSTEINJ City Atbrney
KAL KRISHNAN CONSULTING
SERVICES, INC.
By:
Name: David McCrossan
Title of Corporate Officer: Vice President
[If Contractor is a corporation, add signature of
second corporate officer]
By:
Name: Dev A. Krishnan
Title: President and CEO
[ATTACHMENT A]
City of San Rafael February 24, 2020
San Rafael -Marin Quiet Zones
Scope and budget addendum for 2020 services
San Rafael
Consultant Support
SCOPE OF SERVICES
L BACKGROUND
This work scope and budget is an addendum to the August 20 2019 quiet zone
application consultant support contract for the City of San Rafael, which commenced
January 2018. This proposed scope and budget amendment ensures that there will
be adequate resources to support the City in these efforts going forward during
2020.
In July 2017 revenue service commenced on the Sonoma Marin Area Rail Transit
(SMART) initial operating segment (IOS). A new Marin Quiet Zone (QZ) was
successfully established (the same consultant team also provided support to the City
and other Marin County jurisdictions for that quiet zone) to coincide with the
beginning of service on this segment, commencing at the Novato city limit and
terminating at the Fourth Street, San Rafael crossing (863520S) adjacent to the San
Rafael SMART station.
With the extension of service from San Rafael to Larkspur, City of San Rafael, as the
public authority controlling public vehicle crossings, has now established a quiet
zone covering the remaining crossings within the city, commencing at the Third
Street public crossing (8635211), effective December 12, 2019.
The third quiet zone will be established for the standalone Jacoby Street crossing
(943171F) approximately 1/3 of a mile railroad west of Andersen Drive (863527P)
to ensure continuity of quiet zone coverage throughout the City Of San Rafael.
Jacoby Street is currently classified by CPUC and FRA as a private crossing and the
quiet zone cannot be 'bookended' by a public crossing (Third Street) and a private
crossing (Jacoby Street). The conversion of this crossing from private to public
status is underway via a formal application to California Public Utilities Commission
(CPUC), following a positive hearing with the CPUC administrative law judge in
November 2019 and recommended full approval by CPUC in February 2020. To
City of San Rafael San Rafael -Marin Quiet Zones: Scope and budget addendum for 2020 services DRAFT
SCOPE OF SERVICES, 2/24/2020 Pagel of 5
ensure that the crossing obtains "public" status, the City will enter into a
maintenance agreement for the roadway access to the crossing.
When the process is complete, there will therefore be three contiguous quiet zones
in San Rafael:
1. The first Marin ICS (zone initial operating segment) quiet zone (2017)
2. The second San Rafael -Larkspur extension quiet zone (2019)
3. A third single -crossing quiet zone for a half mile centered on Jacoby Street (2020)
The process for establishing the second quiet zone was assumed to require two sets
of site visits for final federal regulatory approval. In practice, multiple visits have
been required due to extensive feedback from federal regulators as minor
modifications are made to ensure the crossings are compliant. Field review and
observations during and after SMART train testing have contributed to some
additional resource requirements.
2. SCOPE OF WORK
The consultant is in a position to undertake the following tasks during 2020 to
support the city in maintaining quiet zone status throughout the city:
Task 1.
Undertaking a desk and field review of crossing improvements at all crossings north
of Fourth Street to confirm consistency with those approved GO -88B applications
with CPUC.
Task 2.
Revising the risk calculator data and running the FRA risk calculator model to
ensure that the zone remains compliant with the threshold below the nationwide
risk index.
The detailed context to Tasks 1 and Task 2 is as follows:
The original Marin quiet zone was established on opening of the initial operating
segment (I0S) in 2017, covering the SMART railroad tracks from Fourth St., San
Rafael to the Rush Creek Place crossing at the northern City of Novato limit, and
encompassing three jurisdictions: City of San Rafael, Marin County and City of
Novato: this zone will need to be re -qualified after four years of operation.
The reason that this quiet zone needs to be re -qualified, rather than being
established in perpetuity, is that the crossings within this quiet zone include a mix of
full supplementary safety measures (SSMs) and other safety improvements. All of
the crossing improvements were reviewed and approved by state and federal safety
regulators, and modifications to these as part of the recertification process are not
considered likely.
City of San Rafael San Rafael -Marin Quiet Zones: Scope and budget addendum for 2020 services DRAFT
SCOPE OF SERVICES, 2/24/2020 Page 2 of 5
Under the required FRA quiet zone risk analysis, including the nationwide risk
calculator software, the Marin IOS quiet zone qualified, since the crossing
improvements reduced the risk to a level below the nationwide level of the risk
index without horns (RIWH).
However, since the nationwide risk index varies year-to-year, based on crossing
collision/accident data from a variety of crossing configurations and traffic volumes
across the country, the calculator must be reset after annual updates, typically
provided by FRA in May of each year.
Task 3.
Completing all notifications and submittals required to federal and state regulators
Task 4.
Monthly meetings /progress calls with City Public Works staff, federal and state
regulators as required including two field visits. Coordination of meetings / minutes
/ running action items. Attendance at City Council meeting if required.
Assumptions:
1. City staff will undertake FRA -requested inventory of quiet zone signage for the initial operating
segment. A quiet zone signage plan to be established for all of these crossings on the initial operating
segment, as is being undertaken for the second segment south of Fourth Street.
2. No revision to re -qualified Marin IOS quiet zone: any efforts by other jursidictions to establish new
quiet zone in 2020 by "unbundling"the risk assessments of the combined Novato -Marin County- San
Rafael crossings in the quiet zone established in 2017 with additional crossings beyond the northern
Novato city limit, including crossings in Sonoma County, are not part of this effort.
Deliverables:
A. Re -certified quiet zone for the Marin initial operating segment.
B. Briefing and explanatory materials to accompany for site visits with City Public
Works, CPUC, FRA and SMART staff.
C. Revisions to the FRA Quiet Zone Risk Index (QZRI) calculator analysis based on
May 2020 nationwide data updates.
The team members are very familiar with the SMART rail project, the quiet zone
process and the variety of regulatory agencies with which the City needs to interface
in order to support the city in its ongoing maintenance of quiet zone status.
City of San Rafael San Rafael -Marin Quiet Zones: Scope and budget addendum for 2020 services DRAFT
SCOPE of SERVICES, 2/24/2020 Page 3 of 5
3. TIMELINE
The following draft schedule represents the assumed timeline for items some of
which will be determined by actions taken by others such as city of Novato and FRA:
Review status of all crossing improvements in Marin IOS — April 30, 2020
Update of FRA quiet zone risk index for Marin IOS— July 15, 2020
Proposed recertification of Marin I0S with FRA - December 2020
4. ESTIMATED BUDGET
Total estimated cost of this addendum is $15,063, inclusive of travel and other
direct costs. Detailed breakdown is provided in Exhibit 1. The same consultant staff
have been engaged in all previous the FRA quiet zone applications for the City and
will work efficiently with high degree of familiarity and detailed knowledge of these
improvements.
5. ATTACHED EXHIBITS:
Exhibit 1: Addendum estimated costs
City of San Rafael San Rafael -Marin Quiet Zones: Scope and budget addendum for 2020 services DRAFT
SCOPE OF SERVICES, 2/24/2020 Page 4 of 5
v) n
v m D
oo
3-
OLn
y C O
a
=ttEn
rzl
UO=
C D)
ry
7 O
n CA
m c
V1
=
x CD
m
N
}
N O
O
d
O
!
5
0 3
p
� m
O z
y
)j
O
(7
m
)D
O
C
N
n
O
L4
N
N
d
�
y
a
D'
C
r
O
M
M
m
g
d
m n O y c 0
M
0
O.
m
Q
En
C
CL
c
3
d N
m
0
S.3
N -n<
V m 0
<<
CDN
'p
O
y
m o
M
Z
M
y
7
C
_. m m 0
n
O
!
y
0
N
m n O y c 0
a°
m m m
3 O
En
C
00 n
O N
d N
m
m.. O° m 7
7? O
S.3
N -n<
V m 0
<<
'p
m o
7
C
_. m m 0
N
0?
? 7
m fO
m
n. ° 3 a
O
?
K
y O CL CD
° m
N N=
�% 0 m
m
X
m
>> m ;�
C D O n y j
m m
0. _
3 x m
N, f7 M.
O>> m
"-'� N a
X
om
fD
3 C d o
�. y
m O
d 0
> Dn1 �c
ca
Co
m
f»
10
CL 7
0• fD O
d �-'�
n C_ O
O LU m
a) O N S.
LU O = M
m)0
N
> j O a o
niO Emco
'o
3 0
v
v N m f
�.m o 0
CL y
m
m y 0
d
y 0
N y
3 d
j
y
D) �
3 �' '
C
N N
..
?'
^
(U)
7 d _
N
en
N CL
cc
° m
y
N
0
IDN. y
_
° y
_ y
m
F O
_.
7
y m
7
Q
° 3
.'a d
=r7 S
0.
n, 2
C7
@ �
c
W C
C7 O O
D�j
7 f0
:3
m
n C
>
>' m
0
[u o
t0
S
oCni
x° m a
m
CDm
k m
m
4
a
cx
^'
o
m
n O C X
)O C.
n`
y
T y m D
y co
co
n it
cr
C
ii
-E
O
35
mn
H
�+. O
4 C y° z
m m
a
--:O
cD
>
c
m
�Zr
CD
_
—o
"
a
n
`c
m
y
;.
En
aQ°
x
a
zi
WO
r
W
N
O
O)
CD
m
O
O
O
O
NN
N
N
O
f°
m
in
w
rn
rn
m
m
OV
O
(n
CD
°)
CD
(n
CD
°)
W
(n
ER
CD
O
Efl
V
fn
O
69
I-
rl)
N
m
CD
O
di
La
W
0)
EA
co
A
wba
Hi
co
A
co
E
W
m
m
A
D)
r."
0 0
.-.
a
x ,
fA
EA
E!1
v+
fn
ffl
to C2i
P
O
Ln
m
D)
m
Ln
m
cn
m
CA
m m
�
O
cn
N
N
N
N
EA
fR
O
fA
m
CA
j
Wi
Hi
IV
�.0
O
O
IV
O
W
Cn
rn
CD
cn
N
O
A
A
N
O
< O
O
O
o
jcn �
EA
to
w
ea
to
m
-u v y
o
cn
cn
N
cn
m � 3
CAco
V
Ln
W
A
co
W
A
cc
W
A
cc
W
A
3
�l
,oma
en
fA
fA
fA
en
VI
tr"
A
N
j
CA
'TTTS9111777!
Cm)t
O
O
v
w
CD
N
O
CD
W
A
O
C+
Ge
EA
&i
fA
EA
N
1
CO
CD
0
m
v
1
O
V
V
O
co
t0
N
A
N
N
V
O
W
W
N
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Hunter Young Extension: 3408
Contractor Name: Kal Krishnan Consulting Services, Inc.
Contractor's Contact: David McCrossan Contact's Email: david.mccrossan@kkcsworld.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
Click liege to
❑
enter a date.
b. Email contract (in Word) and attachments to City
3/2/2020
Attorney c/o Laraine.Gittens@cityofsanrafael.org
0 IKK
2
City Attorney
a. Review, revise, and comment on draft agreement
3/11/2020
0 LG
and return to Project Manager
3/11/2020
0 LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3
Department Director
Approval of final agreement form to send to
3/11/2020
0 BG
contractor
4
Project Manager
Forward three (3) originals of final agreement to
3/11/2020
D IKK
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑ N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
10
City Clerk
Attest signatures, retains original agreement and
a�
forwards copies to Project Manager
N