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HomeMy WebLinkAbout112468 FELSBURG HOLT & ULLEVIG INC - CONTRACT - RFP - P1143 QUIET ZONE STUDYPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, (hereinafter the "City"), the FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic (hereinafter the "DDA"), and FELSBURG, HOLT and ULLEVIG, (hereinafter the "Professional'). WITNESSETH: WHEREAS, pursuant to C.R.S. 31-25-807 the DDA is empowered to make and enter into all contracts which are necessary or incidental to the exercise of its powers and performance of its duties; and WHEREAS, the services to be rendered by the Professional will advance the statutory mission of the DDA; and WHEREAS, the DDA will be compensating the Professional for providing those services described by Exhibit "A," attached hereto; and WHEREAS, the DDA desires that the City act as its agent with respect to the oversight of the services rendered by the Professional, subject to the controls set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed, the receipt and adequacy of which are hereby acknowledged, it is agreed by and between the parties as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of eleven (11) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence within five (5) days of signing and shall continue in full force and effect until March 31, 2009, for Phase I, Part 1, unless sooner terminated as herein provided. 4. Early Termination by the DDA. Notwithstanding the time periods contained herein, the DDA has the right to terminate this Agreement at any time without cause by providing written Standard Professional Services Agreement- rev07/08 1 P1143 Quiet Zone Study (hher data, such as pedestrian counts and future traffic forecasts. will also be requested, as these are helpful in understanding the transportation issues along CaCh segment of the tall corridor. I pon completion of the data collection and review elTort, FI-I(i will conduct a preliminary assessment of existing conditions at each Crossing. This effort li III itic hide review and analysis ofthe existing physical conditions and operational measures of each cros ing. It will also require the review ofthc kno%n planned itnprovcnicatts associated with the MAX corridor and the two-%kav conversion effort, which will affect the filture physical andlor operational identification of the crossing and therefore it's associated safety issues. B. Field Site Review A site visit will be conducted along the rail corridors at each crossing to identify other issues that need to be taken into consideration during the evaluation of alternative crossing improvements. 'Fite IISDOT Grade Crossi iv, Inventory Forms have been ,required for each t crossing. In most cases. the information provided on the FRA Forms is outdated and may contain some inconsistencies. According to the requirements outlined in the Final Rule• it will be necessary fto update all of the information on the FRA Crossing Inventory for each crossing %a ithin the Quiet Zone_ This information must he current within six months of the establishment of the Quiet lone. Therefore, new trafTiC counts and crossing omens>ry updates should he scheduled to coincide with the completion of the crossing improvements to ensure that the infollnation is current. Railroad corridor information will also be collected front the IINSF Railway and 11PRR_ as needed. including current and forecasted train movements. average train speed and speed restrictions, operational and maintenance issues, and crossing circuitry provided at each crossing. This data collection effort will result in a description summan for each at -grade railroad crossing in hoih phases of the project. Information collected during the inventory of existing conditions and field site review will he compiled in an existing conditions report for the DDA and City, C. Anal'sis of Number of Crossings The Final Rule indicates several requirements associated with the establishment of Quiet Zone. When analyzing adjacent public at -grade crossings, the basic requirement of spacing allows the contntunity to determinc how many crossings must he improved such that horn blow ing, at quiet zone crossings does not inadverienth occur clue to proximity to crossings which are not within a quiet cone. The Final Rule states that a minimum Quiet Zone length of it least'/ mile must he provided along the length of railroad right-of-way. ']'his translates to 4 mile (1320 feet) to each side of art al -grade crossing,. Through doxa nlown, crossing spacing is generally 400 fleet between roadway crossings. a ith a few blocks at a little longer distance. The crossings from C'ollcge Avenue through dowuumn to Mulberry Avenue should be evaluated as a group to determine what improvements would be needed at each crossing to silence the train horns through do�vnto%� n. It should be noted that due to the close proximity of Myrtle. Laurel, and Old Main, these crossings, although included in Phase 2. may require cursory study as part of Phase 1. The two l I PRR crossing will he evaluated separately as this is along a different track segment, and involves a different railroad than the downtown portion. Standard Professional Services Agreement- rev07/08 3 P1143 Quiet Zone Study es the tv,o I IPRR crossings. and the downknvn crossings from )crrv. along with data iiom the current IRA Crossing Inventory Table 1. Downtown Crossings MIN. DIST BTWN RINGS RR GATES! CROSSING I HIGHWAY STREET RAILROAD M.P. mi.) CIRCUITRY LIGHTS NOTES Motion 906295A - FAU 5062 Lincom Ave UPRR 31 72 0.22 Detect - Gates - Motion --- - 906296G FAU 5049 linden St UPRR 31.93 0,22 Detect Yes Motion 244644C FAU 5049 -- - - Linden St BNSF 75.09 C.46 Detect Yes - Has req d circuitry 244643V FAP 287 College Ave BNSF 74.63 0.11 CWT Yes for Quiet Zone Has req d c;rcuiiry 244642N Cherry St BNSF 74,52 0.10 CWT Yes for Quiet Zone Motion 244641GMaple St BNSF 74.42 010 Detect Lights Simultaneous Motion preempt w/traffic 24464GA FAU 5054 Laporte Ave BNSF - — --- -- - 0 12 Detect Lights lights - Simultaneous Mountain [7430 Motion preempt wltraffic 244639F FAU 5050 Ave BNSF 74 16 010 Detect Lights I lights - Simultaneous preempt w1traffic 244638Y Hwy 1 Oak St BNSF 74 06 0.09 None lights Simultaneous Motion preempt w/traffic 2446735 Olive St BNSF 73.97 0.09 Detect Lights lights 244636K Magnolia St I BNSF 73,87 G.09 None Simultaneous Motion preempt w.+traffic 244635D FAU 5046 ! Multerr St B%SF 73 78 0 09 Detect Lights lights NOTES: t Although FRA database indicates an average of 15 trains per day for the BNSF hne, more recent conversations with the BNSF .ndicate train taf is averages 8 Irans per day 2. Crowngis Co not have minimum 1r4 mile spacing and will need to oe evaluated as a comda- for Quiet Zone establishment 3. Crossings have required Cocs,an' W'ar•iing -irne Circuitry and can be evaluated for "n-radroac irW.overrients to, Qu.of Zone Es,ablishmert;i.e. apo roach road improvements such as awquate iength ralsec reed ar5) Standard Professional Services Agreement- rev07/08 4 k + P1143 Quiet Zone StLJdy Jlie lbIlowing table identities crossings south of MUIbef y to Trilby I{0111.1. along with data from the current FRA Crossing Inventor} Database Forms. Table 2. crossings CSU and South MIN. DIST BTWN XINGS RR GATES/ CROSSING HIGHWAY STREET M.P. (mi.) CIRCUITRY LIGHTS NOTES 244634YV -- M le Si 73.68 010 Ncre -- Motion 244633P , FAU 5042 j Lauiel St 73.54 014 Detect Lbgh:s Cantilever lip:s alsc Plum, 244632H Cid Main 73.46 0.08 None University 7 3.24 244629A 0.19 None Motion 244628T Pitkin 7305 1 0.15 Detect Yes Cantilever lights also 244627L Lake St 72 90 0.12 None Has req'd circuitry for Quiet 244626E FAU 5026 Prospect St 72.78 0.12 CWT Yes Zone Has req d circuitry for Quiet 244624R FAU 5010 Drake Rd 71.78 0.45 CWT Motion Lights Zone Simultaneous preempt wr 089367U -_ FAU 5006 Swallow Rd — 71.33 045 Detect ',es traffic lghts 70.83 244622C FAU 5002 Horset00th 0.50 mohan Detect Yes Simultaneous preempt w( traffic lights �- ----- Harmony Motion ---- 244620N Rd 69.78 1.05 Detect Yes -- - - — - Motion 244618M OR 34 Trilby Rd 67.68 2.10 1 Detect Yes Nu l is 1 I tie ralroad of oanershrp along the entire corridor is 'he BNSF Railway. 2 Although FRA datanase indicates an average of 15 trams per day iu this line, more recent conversations with the BNSF indicate train traffic. averages 8, trains per day 3 Crossings have required Constant Warning Tsme Circuitry and can tie evaluated for non -railroad improvements for Quiet Zone eslablishment (i.e., approacn read irnprovemerls such as adequate length raised medians) 4 More than X Public at -grade crossings were teurd oetween Mulbe^y and "rilby T herefore, all crossing were inauded in this table for review D. Deyclopment of Concept Plans The focus of this portion of the study will he on the identification and recoinfnendaiion of' affordable and practical technologies, which can he utilized as e iective alternalive nieasurc� l()r locomotive horns. Phis will be accomplished by revievking successl'ul examples from "diet areas, vsilich have proved to be cost-effeclive solutions For establishing Quict Lon`s while maintaining safety, reducing the risk of'collisions at highway -rail grade crossings. and reducing the negative environmental iniplications of locomotive horns. The appropriate safety measures evaluated will he based on the inventory of existing conditions and field site review. Options will Icxus on die crossings according to how they have been grouped following analysis of the number of crossings needed to substantially Standard Professional Services Agreement- rev07/08 5 rt P1143 Quiet Zone Study eliminate train horn noise through the corridor. Innpro►chncrht options will he lurther refined based on infunnation or data received from the DD.A andior the City. Finally, recommendations will factor into the selected concepts: ss stem reliability, availability and maintenance of the selected improvements. The Quiet tone alternatives identified will he evaluated for each crossing along the rail line. The evaluation ►►ill provide a comparison of the anticipated benefits versus the typical costs associated with each safely ntcasurc. Consideration will be given to the needs of the DDA and the City_ and concerns regarding diflcrent types of improvements and technologies. Some safety improvement concepts may not serve a particular track segment well. or may not he anticipated to be succc;sfihl and adhered to by motorists at the grade crossings. These options will he eliminated from further consideration, allowing the concept plans to fuCUS on improvements that are truly feasible and practical for the DDA and the Cite. Preliminary findings of this evaluation will be discussed with ttte DDA and City to incorporate concerns and determine the preferred inhprovemcnts Ott each grade crossing. I'his will scree as the basis for de►cophncni of conceptual plans. concept costs of improvements and an implementation schedule. E. Study Schedule Based on the RFI' anticipated start date of approximately the second ►veek of No►cmher 2008, the study and concept layout portion of this RF P can he completed in advance of` the DDA's completion date of March 27. 2009. Because ofFHU's background with thi" corridor and knowledge ofthe BNSF Railwav, 11PRR, and crossings through Fort Collin,, we anticipate this portion of the work may take 2 to 2-1 21 months from Notice to Proceed, exclusive of review time by the DDA or the ( itv. Part Rvo A. ARenct Coordination - After development of the improvement concepts at each crossing, corridor Diagnostic Review .'Meetings will be held along the railroad corridor at each crossing. The Diagnostic'Ican t will include representatives from the DDA. City of Fort Collins, Federal Railroad Administration. BNSF. t iPRR, and PUC. Representatives from CDOT will also be invited, if necessary. The purpose of this review will he to present the crossing analysis findings and concept improvements. and to visit the crossings in the field, soliciting input from the Diagnostic Team mcmlxrs. This diagnostic review is required as a part of the stipulation for designation -rr of, or application for, a Quiet lone if there are any pmate crossings within the Quiet Zone. `: $ However, we have found that this exercise is very helpful for all of the crossings in a given corridor to obtain input and build consensus among the agencies and railroad rcprescntatives. This revic►v will include discussion of the prciject team's findings to date, verification of railroad operations. and inspcetion of the folkm I't1 ;: ■ Condition of the crossing and roadway approaches ■ 6radc crossing warning devices ■ Pavement markings and sighting ■ Train detection system and condition \Ve have found it to he important to thoroughly discuss issues and concerns with the agencies in an open and positive discussion at the diagnostic review of each crossing. While the railroad's primary goal is safety. they rccognir.e there are positive safety messages associated Standard Professional Services Agreement- rev07/08 6 P1143 Quiet Zone Study with improving public at -grade crossings, and are willing participants at the diagnostic review meetings. This provides benefit to the Quiet /one process in that agreement among the agencies on improvements is reflected in the concept drawings that become part of the Notice of Intent (NOI ). 'The NOI is sent to each of these agencies for review and comment as part of the Quiet Lone process. Seeing elements that were discussed previously can streamline each agency s review. B. Funding Sources Many times the concepts developed fc>r implementing a Quiet /one arc not immediately affordable. FHU has worked with communities to identify creative funding mechanisms to assist in financing improvements. if even in a phased strategy. At the I-cdcral level. Section 130 Safety Funds are available for application at those crossings with high crash rates or ether severe deficiencies. 1,ocally funded options include impact lees associated with rtew development. homeowner assessments and sales tax proceeds dedicated to transportation improvements. A few communities have developed Railroad I ransportation Safety Districts. which are funded by a tax front homcowners w-ilhin a specific County. The funds are specifically eamlarked for railroad related improvements such as at -grade crossing improvements. grade separations, and Quiet Zone establishment and cannot be used for an_v other cursory purpose. Because a portion of the BNSF the tracks pass through the Colorado State I Iniversity campus. other ideas for Quiet /onc establishment through CSU might include isolation of the track corridor through the use of student -generated artwork or spirit elements. Actual public road crossings on campus would still require the same FRA elements, however consideration V,Ould need to be given to the safety of the large student population in the event horns are no longer blown through campus. he first and most desirable option from the perspective of thNS e 13F Railway is crossing closure. Ifanv of the crass streets in the downtown portion could be considered for closure to through and left turn traffic. allowing for right -in -right -out access only on Mason Street, no improvement measures would be required because the crossing would no longer be a public at -grade crossing. phis would be a substantial cost savings to the do%ontoti%n corridor in liollt of the number of crossings being considered. Consideration may alst, be given to preparing an application to the FRA under the Rail Relocation and Improvement Grant Program. Un September- 15, 2008. the Federal Railroad Administration (FRA) will begin accepting applications for the S14.9 million available in capital grants under the new Rail line Relocation and Improvement prograrn. In order to be eligible for grant Funding, a project must mitigate the adverse effects of rail traffic on safety, motor vehicle trafTie flow, community quality of life or involve a lateral or vertical relocation of am portion of the rail line. A state or other eligible entity will be required to pay at least 10 percent of the shared costs of the project. Applications can be submitted until the earlier of November- 28. 2008. or the date on which all available funds will have been annmitted. This could be considered to completely mifigate not only train horn noise but train traffic through downtown Fort Collins on the BNSF Railway line. (Addition details are available on the FRA well site: latt�a:/,free;fia.dot.��or.'ucic<uatcnl2(1f11ti.1 C. Implementation The construction or installation of the recommended improvements requires the development of an Implementation Plan regarding capital, operational, and maintenance requirements of each crossing improvement. it may not In possible to construct all of the recommended Standard Professional Services Agreement- rev07/08 M,71,: I.. P1143 Quiet Zone Study improvements at one time. ?he Implementation Plan will idcntilN the high priority crossings to address safety concerns or simpl} to phase the creation of the Quiet Zone bated oil implementation costs and sensitive areas. A strategically based plan of action will be developed and crossings will be prioritized. I he Implementation Plan will include the following: I. Conceptual Cost 1_stimate a. Short -Term b. Long -Term 2. Capital, Operational, and Maintenance Requirements It is possible to establish a Quiet /one with one or two crossings initially, then expand the Quiet Zone corridor as adjacent crossing improvements are completed. A new crossing can be added to an established Quiet Zone at anv time, once the SSMs or ASMs are in place. however, due to the proximity of the crossings, it may be difficult to isolate an initial phase from an adjacent unimproved crossing. Ifan unimproved crossing is located within a quarter - mile of the quiet zone, the train horn would be blown on the approach to that adjacent crossing, even though the train ma- still be within the quiet zone limits I'his rtisults in conflicting orders fix use of the train horn. 'The types of improvements installed to establish the Quiet Zone detenn ines the frequeney of the periodic updates required by the FRA. If every public crossing within the Quid Zone is equipped with one or more SSMs. periodic updates, including updated t SDOT Grade Cros,ing Inventory Forms. must be submitted to the FRA every 4.5 to 5 years. FI it I will develop a strategy to maintain compliance for the Quiet Zone corridor, The strategy document shall include: 1. What firms/reports must be completed 2. How to complete the farms/reports 3. When to submit the firmsl'reports a. Incidental situation b. Nun -incidental situation Part Three Fhe crossing analysis effort will review realistic improvements that are in compliance with the current FRA Final Rule and amendment. I lowever. due to the unique situation downtown with the railroad tracks accessible to vehicular traffic at more than iust the cross Ntrects. other newer technologies, not previously a%ailable or considcrcd by the 1-RA. may provide comparable sagely to currently accepted SSMs. 7ypicall,, safety measures other than SSMs are evaluated by calculating the Quiet Zone Risk Indcx ((WRi) of the improvement feature for comparison to the Nationwide Significant Risk Thresholil (NSRT) as applicable for each crossing or corridor. For crossings or corridors where SSMs will be utilized, the City will he able to establish the Quiet /one under the Public Authority i?esignation. which does not require the calculation ofthe QZRI fix the rail corridor. if modified SSMs. or Alternative Safcty Measures (ASN10 are recommended at any of the crossings within a Quiet `Lone, it �+ould be necessary to calculate the QZ.RI Eger that corridor. if new technologies being considered by this study clearly meet the intent and safety level of currently acceptable SSMs, it may be passible to apply to the FRA for addition of the new technology to the list of acceptable SSMs. phis effort to change legislation, while possible, could take a significant amount of time. In Elie interim, the Quiet lone could operate Standard Professional Services Agreement- rev07/08 P1143 Quiet Zone Study with these modified SSMs orASMs and follow the documentation requirements and Ixriodic updates until the legislation is changed. Part Four Quiet /one design drawings %\rill be generated in packages in accordance with the implementation schedule. lypical Crossing Improvement Plans generally include the till low ing sheets: ■ Title Sheet ■ General Notes ■ Standard Plans List ■ TNpical Sections • Summary ot'Approximate Quantities ■ Roadway flan & Profile ir. • Roadway Details ■ traffic Signal Plans ■ Construction Phasing Plaits ■ Construction Traffic Control Plans ■ Survey Control Diagram Other Plans would he included in the plan set if other engineering elements must he addressed. such as: ■ Drainage Plans ■ l4itity Plans ■ Landscape Plans ■ Right -of' Way Plans ■ Cross Sections It is difficult to speculate as to the level of plan detail that Hill be necessary for each crossing along the corridor. as these details will be determined through the course of the study and ultimately sti ill he developed in the conceptual plans. For the purposes of this proposal. Fill I assumes that the list of Typical (Tossing Improvement Plans will be necessary ror the crossing, improvements. VVe understand the City has extensive survey along the corridor. and therefore we have not included a suneYar on our team for the Survey Control Diagram at this time. I•or estimating purposes. FI IL assuntcs not more than fire separate plan sets �sould tx generated for the combined Phase I ! I'hase 2 design. Plan sheets would he generated as follows: ■ Title Sheets (5) • Cietterai Voles (5 ) Iiiiiiiarnic)dificatioilstki these for each plan set ■ Standard Plans List (5) ■ Typical Sections (I per crossing) ■ Sunrrnary ofApproxintatc Quantities (5) ■ Roadway Details (I per crossing) Standard Professional Services Agreement- rev07/08 9 P1143 Quiet Zone Study i rallic - iwnal Plans (i sot per crossing) r Construction Phasing Plans ( I sell per crossing) i Construction Traffic Control Plans ( I set per crossing) i Survey Control Diagram ( I per crossing) f any of the crossings. require other engineering disciplines, such as those listed under )then Plans, FHU will provide the DDA and the City with specific N+ork tasks needed fur ach discipline, for consideration by the DDA and Citv. I he DDA and the Cicy may w ish to onsider generating supporting, design for disciplines listed under Other Plans with Cite stall ter as an extension ofthe scope of work under this project. FlfU does not house surveyors or andscape designers and would expand our team. with City and DDA approval. to include hese disciplines as subconsultants. if needed. As of Phase 1 Scope of Work (Independently) ►s requested in the RFP, this sextion discusses Filt!'s plan to carry out Phase I of the -cope of Work independently. All of the tasks and details listed in the Details of Combined 'tease I/Phase 2 Scope of Work, as applicable to Phase 1, would be completed. So as not to nnecessarily duplicate information, this section will discuss additional detail of the work peciricall) related to the downtown portion of the Quiet Zone Stud)- that is the Phase i onion. Additional details are identified primarily licr "Part One" of the requested Scope of tiork, which includes the analysis and development of concept plans for each crossing. One ►nalysis of the downtown gxirlion of the scope trust also consider planning improvements or •codifications associated with the Bus Rapid Transit MAX project, the conversion of Mason treet to two-way traffic, and the fact that the ntajorit} of tlic BNSF corridor track is down is middle of the street and accessible by rubber tire vehicles not only at cross street~. but vithin each block. tecause of the irack's location w itlim the street, the PU( considers Mason Street essentialh one continuous and very long; crossing. The ahility of vehicles to cross the tracks within each block between file cross streets through downtown will need to be eliminated. The way in which the tracks are isolated from adjacent vehicle traffic will he a point for discussion with the DDA and City. Conrer,ion of Mason Street to two-way street will inherently minimize mid -block crossing of the tracks, which occurs currently as cars weave hack and firth across the tracks in a single direction. As a two-way street, left turning vchic Ics must he prevented from utilizing any portion of the railroad corridor for deceleration or storage. Once the tracks are isolated from vehicle traffic within each block, the focus witl be to isolate the tracks. temporarily during train occupation, at the cross streets We have selected a representative number of intersections through the domilm%'n portion which exhibit different scenarios of pavement types, crossing warning dcvices. sight distances, involvement in the MAX project as candidate locations for bus stops. and likely to be modified due to the two-way conversion strategy. These intersections are included on the following pages as aerial exhibits, with a brief list of some existing features and known possible intersection modifications, Discussion showing the type of additional analysis for each hPe of intersection is included below. Cherry Street Cherry Street is currently a two-wav roadway. I'his crossing of the RNSF Railway, while on an undesirable skew, is equipped with constant warning time circuitry, gates lights and Standard Professional Services Agreement- rev07/08 10 l'_I e ,; P 1143 Quiet Zone Study hells. 11 also has existing raised medians in advance of the crossing on each side of the approach that are a rnininrurn of 60 feel in length. This crossing is a candidate for Quiet Zone establishment by public authority, as adequate SSMs are currently in place. phis crossing is north of the Downtown Transit Center, and is therefiore not dip-eclly afTectcd by the MAX project. Converting Mason to too -way operation would change signing along Cherry Street, but x"uuld not be anticipated to affect the say in which the crossing operates. Proximity to College Avenue and to 19aple Street being less than a quarter -mile away poses an issue as residual hom noise 4vould be heard at this crossing if those flanking crossings "sere not also improved fior Quiet /one compliance. Mountain Avenue Mountain Avenue is currently a luo-way roadway with diagonal parking along both sides of the street and in the center median. The railroad crossing through the intersection is concrete, and signals are simultaneously preempted with traffic lights. This crossing, is equipped with motion detection rather than constant warning time circuitry, and would require circuitry r r upgrade This intersection is affected by both the MAX project and the conversion of Masoon Street to too -way traffic. The MAX project currently anticipates bus stops on the a � intersection's northeast and southwest quadrants. Striping chan-cs resulting from ill it "yay conversion include dedicated left turn lanes for northbound and southbound Mason Street at Mountain Avenue. All ofthese features limit possible safety improvements to this crossing fior Quiet 'Zone establishment- This crossing would he a candidate for possible ne""er technology to isolate the tracks from the road"vav traffic daring train occupation. Phis technology would need to be installed chose to the tracks, hul provide all effective barrier and could possibly project into the left turn lanes on Mason Street, its left turn movements would be prohibited when a train is present. Oak Street Oak Street is Currently a tun-w.ty roadway with diagonal parking along the curb west of Mason Street and perpendicular parking; along the curb east of Mason Street. The railroad crossing through the intersection is in hlttrlillnOLIS paycmcnt, which limits the railroad's ability to maintain the track roadbed beneath the pavement. There is no railroad circuitry at Oak Street. which would require circuitry upgrade for Quiet Zone compliance. 'I he MAX project does not currently have a stop at this street. I he hvo-say conversion does not incorrmrate left turn lanes at this intersection, but is anticipated to be striped as one through lane in each direction along Mason Street. Phis crossing could be considered by the DDA and City for closure to cross traffic, allowing right -in -right -out only onto Mason Street. I his would alleviate the need fior substantial improvements at this crossing, and silence the horns by default because the crossing ""ould no longer he accessible to vehicular traffic. Mulberry Street Mulberry Street is currently a two-way roadway with two through lanes and a dedicated left tom lane in each direction. The railroad crossing is bituminous Pavement. The railroad is equipped with motion detection rather than constant wanting time circuitry. and would require circuitry upgrade. The crossing is also equipped with flashing lights and is simultaneously preempted with the traffic signals. The MAX project currently anticipates bus stops opt the northeast anti southwest quadrants of the intersection. Striping changes as a result of the two-way conversion include dedicated left turn lanes fbr northbound and u>uthbound Mason Street at Mountain Avenue. Because of the u idth of roadways along both Mason Street and Mulberry Street and the dedicated left turn lanes on each approach, this intersection may be a candidate For traditional four -quadrant gates to isolate the tracks. Standard Professional Services Agreement- rev07/08 11 EXHIBIT B WORK SCHEDULE FEL.SRI;R(j (1 110I-T & L:LLEV IG t)uahs to tntnsjm'it icon solutions Downtown Development Authority City of Fort Collins Proposed Schedule P1143 Quiet Zone Study STUDY SCHEDULE 21-Nov-08 . M. Mr. --- I7■■■■■■■■■■■■■■■ :Inventory. Conditions■i■■ ■■■■ ■■■■ ■■■■ - . - - - ■■■■ ■■■■®■■ ■■■■ Analysis of Crossings Development of Concept Plans ■■■■ ■■NEE■■■■■■ ■■■■■NE■■■■P"WEE■ - .. OMEN ■N©7■ WO■■■ ® ME Notes fThis schedule is developed for Phase 1 Part I of the Scope of Wont R involves the study of the 12 owntowm area crossings. and development of concept drawings to be inched in a study report for the DDA and City No Diagnostic Review Meetings with the railroads are included in this schedule for this work effort Some coordination with the 6NSF Railway and Union Pacific Railroad will occur to discuss any planned mprovements to any of the study crossings. or any specific railroad related issues that may need to be :onsidered. 2 Meetings are anticipated at logical milestones. as follows a Fallowing the inventory and field review to discuss any additional concerns or plans the DDA or City may have b Following analysis of the crossings, a meeting with the DDA and City would be prudent to discuss the identified options prior to development of concept plans It is anticipated that one concept plan for each crossing will be developed reflecting the the crossing improvement preferred by the DDA and City c Following review of the draft report. a meeting with the DDA and City can be held to review and discuss any final revisions needed prior to issuing the Final Study Report Standard Professional Services Agreement- rev07/08 1 notice of termination to the Professional and the City. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Felsburg Holt and Ullevig Downtown Development City of Fort Collins, Purchasing Attn: Kyle Anderson Authority PO Box 580 6300 South Syracuse Way, Suite 600 Attn: Matt Robenalt Fort Collins, CO 80522 Centennial, CO 80111 19 Old Town Square Suite 230 Ft Collins, CO 80524 In the event of any such early termination by the DDA, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Proiect Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City and the DDA, its officers, members and employees to the fullest extent permitted by Colorado law, from and against any damage and against all liability whatsoever claimed by third parties against the City or the DDA; and for the City's and the DDA's costs and reasonable attorneys fees, resulting from, arising out of, directly or indirectly the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000.00. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the DDA agrees to pay Professional on a time and reimbursable direct cost basis Standard Professional Services Agreement- rev07/08 2 EXHIBIT C FEE SCHEDULE oil Z Part One A. B. inventory of Existing Conditions Field Site Review -- 2 4 4 $1.220 h 4 rt 4 H C• 8 8 6 8 12 4 1 24 4 $3,240 $3,150 $6,480 $500 $31G C. Analysis of "Dumber of Crossings 4 D. DLvelopment of Concept Plans 2 8 Part One Totals: 8 20 4 26 26 12 28 4 $.4,090 $910 Fee Total Part One: $15,000 Part Two A. .Agency Coordination 8 16 $3,320 $370 B. Funding Sources 7 8 8 $2,560 C. Implementation 4 14 8 $3,750 Part Two Totals: 5 30 32 $r3,b3�G $370 Fee Total Part Two: $10,000 Part Three A. .Alternative Approaches to Quiet Zone Establishment 6 10 4 10 4 1 3 $5,000 Part Three Totals: 6 10 4 10 4 1 ? $S,OOG $G Fee Total Part Three: $5,000 Part Four A. PretiminaryjFinal Plan Development Title Sheet (2) 1 2 1 4 General Notes (2,1 2 1 4 Standard Plans Lis[ 12 ? 2 55 G 5650 $440 Typical Sections (1 per xireg) ; 12 24 $3,900 $tor" Summary of Quantities 1,2) 12 16 $3,060 Roadway Ptan/Profile (I per xing) Roadway Details (1 par xinq; 15 24 60 511,085 52UU 12 4.3 i 60 11f T .10 32 $9,020 512;645 MCI 5200 TraffiK. Signal Plans ,1 set per xwng) 13 - 12 Construction Phasing Plans ;1 set per xinq) 12 12 60 32 $12,500 $ l D0 Construction Traffic Control Plans (1 set per xrng } 6 24 2A $5,25C MCI Survey Control Diagram ,1 per x+ng) (See Note 2) ! $0 $10,000 Part Four Totals: e5 1 57 1 194 1 144 110 126 $59,2U0 $10;80C Fee Total Part Four: TOTALOfff THRU FOLri $70,000 r00 NOTES; 1. Fee estimate for construction asspstance can be provided upon request based on DDAjCity recluestecl construr. n services. 2. Cost for Survey Control Diagrams is assumed to be completed by the City or a separate surveyor. 3 Tram mrrnherc I1rKIPr riecign for drainage, st*uciures, utiluhes, noise and corrstrurtion are s47own for hourly rate rnforrnabon only. Task hours can be added upon request in accordance with scope items identified by the DDA and. -or C.Ay. Standard Professional Services Agreement- rev07/08 EXHIBIT D INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Standard Professional Services Agreement- rev07/08 according to the following schedule: Hourly billing rates Principal I $160HR Associate $145HR Sr. Engineer $135HR Engineer 1 $ 80HR Engineer II $ 90HR Engineer IV $115HR Engineer V $125HR Sr. Environmental Scientist $135HR Sr. Construction Tech. $ 95HR Sr. Designer $105HR Designer II $ 70HR Administrative $ 65HR Reimbursable direct costs: as billed with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed One Hundred Thousand Dollars ($100,000), according to Exhibit "C" consisting of two (2) pages and incorporated herein by this reference. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. 7. City/DDA Representative. The City and the DDA will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City/DDA Representative. 8. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide to both the City and the DDA reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City and the DDA in an AutoCAD version no older then the established city standard. Standard Professional Services Agreement- rev07/08 3 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City/DDA Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the DDA, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins or the DDA. Neither the City nor the DDA shall be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City and the DDA enter into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City and the DDA. 12. Acceptance Not Waiver. Neither the City's nor the DDA's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. Neither the City's nor the DDA's approval or acceptance of, or payment for, any of the services shall be construed to operate as a waiver of any rights or benefits provided to the City or the DDA under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek Standard Professional Services Agreement- rev07/08 4 damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Standard Professional Services Agreement- rev07/08 5 Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: Notify such subcontractor, the DDA, and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the DDA may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City and the DDA arising out of Professional's violation of Subsection 8- 17.5-102, C.R.S. g. The DDA will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the DDA terminates the Agreement for such breach. Standard Professional Services Agreement- rev07/08 FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic By:J-1-6 K) v ck olfe Chair er n Date: CITY OF FORT COLLINS, COLORADO, a mu all corporation By:� Ja es . O'Neill II, CPPO, F IGP Direc or of Purchasing & Risk Management Date: FELSBURG, HOLT and ULLEVIG By: �� u Title: �`� �Sl E'-`n CORPORATE PRESIDENT OR VICE P SIDENT Date: ATTEST: (Corporate Sea!) Corporate Secretary r Standard Professional Services Agreement- rev07/08 EXHIBIT A SCOPE OF SERVICES Description The Burlington Northern Santa Fe Railroad has a main line running directly north and south through downtown Fort Collins. There are 12 at -grade crossings. By law, trains must sound their horns at each grade crossing. Since block lengths are rough 400 to 600 feet, the horn blowing is almost constant as the trains pass through the central business district. Downtown Fort Collins has experienced significant new development of residential, office, and cultural facilities. Even prior to this however, the train horns have created significant disruption to close in residential neighborhoods and commercial development for the entire length of the City. With the new downtown developments it has become necessary to attempt establishing a quiet zone. The Downtown Development Authority is requesting professional services to conduct a feasibility study to determine whether such a zone is possible, what the costs for implementation are, and the timeframe to affect the implementation. Scope of Work The selected professional or firm will provide a feasibility study to serve as the analytical basis for establishing a quiet zone in Downtown Fort Collins. The study is divided into two phases: Phase I — Downtown to Colorado State University Part One: 1. Inventory of existing conditions taking into consideration on -going projects that are located within - or adjacent to - the railroad corridor such as the Mason Corridor MAX Bus Rapid Transit system improvements and/or other public or private projects. City and DDA staff will assist. 2. Analysis of the number of crossing to be included in the quiet zone to insure a significant and positive impact on downtown; 3. Development of a conceptual plan for the quiet zone that conforms to the Federal Railroad Administration's requirements for quiet zones; 4. DDA wants this phase completed by March 27, 2009 or sooner. Part Two (if authorized by the DDA following completion of Part One): 1. Assist the DDA and the City in negotiations with BNSF and all regulatory agencies necessary to obtain approvals for the quiet zone; 2. Assist the DDA and City in identifying funding sources for the implementation of the quiet zone. 3. Assist the DDA and the City in the implementation of the quiet zone. Part 3: The selected professional or firm will be expected to examine alternative approaches to a quiet zone, including but not limited to changes in federal legislation. (If authorized by the DDA) Part 4: The selected professional or firm will be expected to develop preliminary engineering & final design drawings, and construction assistance as necessary for approved improvements. (If authorized by the DDA) Standard Professional Services Agreement- rev07/08 t"'ci>> P1143 Quiet Zone Study Me collective coordination effort among the agencies and railroad is a deeply intertwined orie. Attention must be paid to the processes and tiniclines to keep progress on schedule and address arty issue,. Fllt I is comfortable and confident in our ability to provide these scr\ ices to the DDA and the City of Fort Collins for this important Quiet Zone Feasibility Study. PROJECT APPROACH FIIU has reviewed the BNSF Rai Iv. a\ corridor through Fort Collins and the two l PRR crossings east of downtown. The downtown area through which the tracks pass in the middle of Mason Street requires a comprehensive review of the traffic circulation along Masan Street. and at each of the cross streets. Because the crossings of the tracks are not limited to the cross street roadway templates, segments of track along each block will need to be reviewed for vehicular crossing activity. The track portion through C'St and to the south no longer resides within Mason Street. but encompasses several topographic scenarios including portions oftrack on high fills with close proximity parallel roadways such as McClelland Street, and segments of 100- foot to 200-1`6ot railroad right-of-way through which the tracks cross w ith relatively little topographic change. lie RFP requests detailed outlines for approaching these two segments together, and then independently. While the same tasks will be necessary for both Phases. the assessnic.ni efTort for Phase t w ill be a bit more time intensive due to the location ofthe tracks ty iihin the City street and its inherent availability to vehicular traffic from many directions. Below is the detailed outline with task descriptions fir the combined Phase I/Phase 2 effort. Following the Combined Phase I /Phan 2 outline. Phase I and Phase 2 will be addressed independently. So as not to duplicate infonnation, the independent outlines will onl\ ident6 detail or other tasks that are in addition to the work identified in the combined outline. Details of Combined Phase 1 / Phase 2 Scope of Work Part Otte A. Inventory of Fxisting Conditions fll1J has had the opportunity to be involved with the City as part of the Mason I -rail project. the ongoing Mason Butt Rapid 1'ransit (MAX) project, and in providing assessment of the conversion of Mason Street to two-way' traffic. Resources currently housed at I• I II) front these efforts will be utilized for base mapping for the inventor% and assessment tasks. These resources include aerial mapping, existing street and railroad rights -of -way, know ledge of existing trackage right areas and areas of casements along the corridor, and know -ledge of the anticipated MAX corridor along predominantly the cast side of the BNSF Railway corridor to the south, and along both sides of the track through downtown. I I IV is taniiliar with the BNS1- crossing north of town tit Colleges and the tow I If RR crossings cast of town alurrg Jefferson Street. Crossing specific data w ill be gathered on critical safety issues and associated influential factors such as the following: ■ Increase in train frequency ■ Population density ■ Traffic yoluntes ■ Accident history Standard Professional Services Agreement- rev07/08