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HomeMy WebLinkAboutRFP - 8074 RAILROAD CROSSING STUDY FOR RIVERSIDE CROSSINGFinancial Services City of Purchasing Division 215 N. Mason St. 2°d Floor F6rt Collins PO Box 580 Fort Collins, CO 80522 970.221.6775 Purchasing 970.221.6707 fcgov.com/purchasing REQUEST FOR PROPOSAL 8074 RAILROAD CROSSING STUDY FOR RIVERSIDE CORRIDOR The City of Fort Collins is requesting proposals from qualified firms for a study to identify potential solutions to vehicular traffic congestion due to train switching activities at the Union Pacific Railroad (UP) and Great Western Railway (GWR) grade crossings in the Riverside Corridor (Riverside Avenue between East Prospect Road and North College Avenue). As part of the City's commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasingC&fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), March 18, 2015 and referenced as Proposal No. 8074. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City's policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Erika Keeton, Special Projects Engineer, at (970) 221-6521 or ekeeton@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. All questions must be submitted in writing via email to Erika Keeton , with a copy to John Stephen, no later than 5:00 PM our clock on March 11, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the RFP 8074 Railroad Crossing Study for Riverside Corridor Page 1 of 30 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, Project 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, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of 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 $1,000,000 combined single limits and errors and omissions insurance in the amount of $1,000,000, in accordance with Exhibit consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements 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 actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). 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. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, RFP 8074 Railroad Crossing Study for Riverside Corridor Page 10 of 30 reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City 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 Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with 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 in an AutoCAD version no older then the established city standard. 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 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 City, 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. The City shall not 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. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 12. Personal Services. It is understood that the City enters into the 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 the Agreement without the prior RFP 8074 Railroad Crossing Study for Riverside Corridor Page 11 of 30 written consent of the City. 13. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 14. 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. 15. 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 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. 16. 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. 17. 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 RFP 8074 Railroad Crossing Study for Riverside Corridor Page 12 of 30 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 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: 1. Notify such subcontractor 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. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) pages, attached hereto and incorporated herein by this reference and Exhibit " ": Federal Terms and Conditions consisting of XX (XX) pages. RFP 8074 Railroad Crossing Study for Riverside Corridor Page 13 of 30 ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO Gerry Paul Director of Purchasing & Risk Management DATE: W0010]g *.][Q►/9I In Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8074 Railroad Crossing Study for Riverside Corridor Page 14 of 30 EXHIBIT 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. RFP 8074 Railroad Crossing Study for Riverside Corridor Page 15 of 30 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. RFP 8074 Railroad Crossing Study for Riverside Corridor Page 16 of 30 EXHIBIT FEDERAL TERMS & CONDITIONS FEDERAL TRANSIT ADMINISTRATION TABLE OF CONTENTS Federallv Reauired and Other Model Contract Clauses 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES..................................................18 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS...................................................................................................................................18 3. ACCESS TO RECORDS AND REPORTS..........................................................................18 4. FEDERAL CHANGES.........................................................................................................20 5. TERMINATION....................................................................................................................20 6. CIVIL RIGHTS REQUIREMENTS.......................................................................................23 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE).......................................................24 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .............25 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) .......25 10. BUY AMERICA...................................................................................................................26 11. BREACHES AND DISPUTE RESOLUTION....................................................................... 27 12. LOBBYING..........................................................................................................................28 13. CLEAN AIR.........................................................................................................................30 14. CLEAN WATER REQUIREMENTS.................................................................................... 30 15. ENERGY CONSERVATION REQUIREMENTS..................................................................30 16. CITY OF FORT COLLINS BID PROTEST PROCEDURES ............................................... 30 RFP 8074 Railroad Crossing Study for Riverside Corridor Page 17 of 30 NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seg. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract.. A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller RFP 8074 Railroad Crossing Study for Riverside Corridor Page 18 of 30 General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operationa I Service Contract Constructio Turnkey n Architectural Engineering Acquisitio n of Professional Rolling Services Stock I State Grantees a. Contracts below None Those None None None None SAT ($100,000) imposed on state pass thru to b. Contracts above None Contractor Yes, if non- None unless None None unless non- $100,000/Capital unless' competitive non- unless competitive award Projects non- award or if competitive non- competitive funded thru2 award competitiv award 5307/5309/5 a award 311 II Non State Grantees a. Contracts below Those imposed on SAT ($100,000) Yes3 Yes Yes Yes Yes non -state b. Contracts above Grantee $100,000/Capital Yes3 pass thru to Yes Yes Yes Yes Projects Contractor Sources of Authority: ' 49 USC 5325 (a) L 49 CFR 633.17 ' 18 CFR 18.36 (i) RFP 8074 Railroad Crossing Study for Riverside Corridor Page 19 of 30 Vendor Direct Deposit Authorization Form can be found on the City's Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization's philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City's standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP 8074 Railroad Crossing Study for Riverside Corridor Page 2 of 30 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION A. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. B. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. D. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. E. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is RFP 8074 Railroad Crossing Study for Riverside Corridor Page 20 of 30 in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. F. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the. Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. G. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). H. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such RFP 8074 Railroad Crossing Study for Riverside Corridor Page 21 of 30 causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. RFP 8074 Railroad Crossing Study for Riverside Corridor Page 22 of 30 If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VI I of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In RFP 8074 Railroad Crossing Study for Riverside Corridor Page 23 of 30 addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is _ %. A separate contract goal [of _ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). (If a separate contract goal has been established, use the following) Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. [Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). (If no separate contract goal has been established, use the following) The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City of Fort Collins. In addition, RFP 8074 Railroad Crossing Study for Riverside Corridor Page 24 of 30 [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the City of Fort Collins and contractor's receipt of the partial retainage payment related to the subcontractor's work.] e. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include RFP 8074 Railroad Crossing Study for Riverside Corridor Page 25 of 30 this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Lanquage The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BUY AMERICA The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature RFP 8074 Railroad Crossing Study for Riverside Corridor Page 26 of 30 Company Name Title Certificate of Non -Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Certification requirement for procurement of buses, other rolling stock and associated equipment Certificate of Compliance with 49 U.S.C. 53236)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S.C. 53230)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title 11. BREACHES AND DISPUTE RESOLUTION Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of RFP 8074 Railroad Crossing Study for Riverside Corridor Page 27 of 30 its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 12. LOBBYING Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant RFP 8074 Railroad Crossing Study for Riverside Corridor Page 28 of 30 under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100, 000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official RFP 8074 Railroad Crossing Study for Riverside Corridor Page 29 of 30 REQUEST FOR PROPOSAL 8074 RAILROAD CROSSING STUDY FOR RIVERSIDE CORRIDOR (UP & GWR) DESCRIPTION The City of Fort Collins is requesting proposals from qualified firms for a study to identify potential solutions to vehicular traffic congestion due to train switching activities at the Union Pacific Railroad (UP) and Great Western Railway (GWR) grade crossings in the Riverside Corridor (Riverside Avenue between East Prospect Road and North College Avenue). In addition to local traffic, East Mulberry Street (SH 14) and East Prospect Road are major access routes to Fort Collins and Colorado State University from Interstate 25. Because of the rail proximity to bridges and medians in the study area, often motorists are blocked and unable to negotiate an alternate route once a crossing is blocked. Poudre Valley Hospital is located south of Riverside Avenue on South Lemay Avenue. Traffic congestion affects emergency access to the hospital, in addition to delays for hospital staff. Traffic congestion and blocked crossings also affect emergency response throughout the community. The selected firm will examine the current and future conditions and identify the possibilities, challenges, and order -of -magnitude construction costs to improve efficiency for all travel modes. The study shall include an examination of railroad operations, potential alternative track relocations, local traffic and emergency services operations, and potential public/private infrastructure improvements of varying expense. The successful firm will be motivated to work with the railroads, City staff, citizens, and elected officials. The successful firm should exhibit a detailed understanding of railroad operations and have expertise in adjacent traffic operations. The study is expected to be complete by September 1, 2015. The City may use Federal Funding so DO NOT provide any costs. SCOPE The selected firm will provide a study to serve as the analytical basis to prioritize solutions and identify future funding needs to address vehicular traffic congestion due to train switching activities in the Riverside corridor. Document Current Conditions • Examine existing railroad operations and the causes for delay • Examine existing traffic operations and congestion related to blocked crossings • Examine emergency response and access to Poudre Valley Hospital during conflict events • Examine citizen complaints from conflict events Identify Feasible Solutions • Infrastructure alterations to rail or street facilities to reduce frequency and duration of conflict events • Variable message boards and advanced warning systems to reroute motorists around a conflict RFP 8074 Railroad Crossing Study for Riverside Corridor Page 3 of 30 Date 13. CLEAN AIR Clean Air — (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 14. CLEAN WATER REQUIREMENTS Clean Water — (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 16. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing(aDfcgov.com or calling 970-221-6775. RFP 8074 Railroad Crossing Study for Riverside Corridor Page 30 of 30 FINAL REPORT City of Fort Collins RAILROAD ISSUES STUDY GROUP Cite of Fort Collins Railroad Issues Stud' Group Final Report to the Fort Collins City Council and the Community December 20. 2007 Railroad Issues Study Group The Railroad ISSIIeS Stud\ (n-oup Was autllor11C(i b\ the I:ort ('ollills ('it\- Cculncil III J111v of'100 i to examine railroad issues that impact Fol"t C (,Illlla. 1 Ile Stud\ Group \\ as ch"It-ed with dc\ clopin�g, the facts and reporting their findings and IIII\" reCO111111CII(ICcl actions that ]IIIuht allc\ late the impacts. Group mcnlhers \\sere selected b\. the Cit\ .Marlagcr. Citizen members were selected through an application process. The Group mct nine times beunnium, September 5. 2007 and concluding December 10_ ?ttti 71 Citi%ell 111cinbers: Vicki Brown Jeff Eckerle Matt Fries Jim H1Cke\• Sand\ I allller Citizen members — direct appointments: Neil C'il\ '! ransporlation Board StC\r Manl. Poudre Valle\- Hospital Chip Steiner. Do\\ nto\\n Do clopment ALI(IIorit\ City staff members: Mike Gavin. Emergency Operations Mike Herzig. 1--m- ncerin`s Department Bob Poncelu\\•. Pol►dre FII-C ALI111orirc Mark Radtke. Government RelatIMIS Mike l mnlble\•. Policc Scrvices Fort Collins Railroads Fort Collins is Served I-w the Burlington Northern Santa Fe Rail\t a� ( BNSI- ). the Great Western Rai I\\11y ((_ Q And the Union Pacific Railroad (t'P). The IINS F mainline front ('licycnne to Denver gencmil, bisects the ( " from north to solllll. It enters the ('ity from the north just east of 1 ilnhCI_hnC. 1(I1"11> due "eft 10 parallel V111C. tile]) rCSmncs its s01,11her-1V dil'eclioll al Mason Street. The Union Pacific operate: a branch line from Fort Collins to La`a% I he line enters Fort Collins from the south in parallrl to Timberline Road. RK-erside Avenue and North College Avenue blare ternlinatin`z al the cement plant north of Laporte. The Great Western operates a branch line front fort ('ollins to Grccicy. pia Windsor. The line enters the City Nvest of 1 rinnath and Ilarallrls Rig aside A\ Mile With interconnections with the I'l' tracks betx(cen Prospect Road and C'ollegC A\Cm1C. connects into the BNSF tracks cast of College on the south side of Vine Drive. uses the BNSF tracks to access the forth lard (operated b� G\V) and tray cis as tar north as the Arlhcuser Busch Brewerv. The Railroads played a key role in the early' transportation i)icture of For1 C'olfins. TlleV continue to be an important part of the transportation nix. sa nlg sm cral industrial customers in the cite. However. most rail traffic transiting the cite is destined for other dclk cry points. The City has (forked with the railroads in relent decades on a - aricly of issues. Eflorts in the i O 7t)s to construct a h)-pass cast of Fort ('ollins tailed due to the high cost of the project. A C'il� \tanager appointed conllnittce dealt Will) railroad issues tier three v ears in the inid- i()titk, disbandinu, when the RNSF aid UP were close to tinaliAng an agwrlent to more BNSF through traffic onto UP lines that parailcl l�S. `5. That agreement tell through. Working "ith BNSF (lid result in the rernm al of the downtou n w itehing vartls located in front of the Current i)owntown Transit Center to the North lard on Fast Vine Drive. The railroads bet\\-cen 1 L)Q5 and 2002 cooperated with the City ill the Railroad Consolidation Pr(ject. 'Tile main accomplishments ofthat projcct were I ) the BNSF and l]P cooperated to share tracks along, Jefferson and Riverside: 2) lhc� nlowd the railroad \ard operations to the North lard: and 3) the\- constructed a connecting (rack -just cast of C'olle,-'c AVC11uC and north of .tcfferson Street to allow for the railroads to connect with the BNSF mainline without crossing and blocking Collegc A cnuc. The following too maps shOW the railroad tracks that gill be discussed in the rest of the report. \lap -.1. the. Cly \taster Street Plan (\iSP). sho\\s the railroad lines as the\ relate to the Cite streets. It also silo\\ s planned filture grade separation. to cross o\ er or under the railroad tracks. \lap 2 is a color coded schematic drawim-, ofthe north Front Rangc area that shows locations of the railroads and where the tracks of the railroad companies could possibl, be connected. These points could be sites for interchanging, cars. Z: Kaliroad Lures in the North rront Kanee lrC3�C m,Z Rl l,7 lE.. C , C,i. VA ti hey ►�►,z �t:� i�� �-t�. R,7ILIM 'N°�%i17jy}�y\ i '•J.Liln I �0.5r7�1 j� 1� 0 Legend ►--v<l� 3 ��, �o ��°�- -lo /.�' — — GWR - -UP --- � 1PNv t' / t LOYV � I i�u►d�,� � . � t� Sty.: i�ty, Fes'S•� L�Y�et1r� N IAU ' C SI& c f--itil lac\tT�'� ` � � _ T �- 'ter.•--0 CITY OF FOk f COLLINS MASTER STREET PLAN Aoomao. wrc�wnu.n. leer .smoveoAwaw d:cewaA.a tam an or vom ca.uaa Legend 9 nOOD..r:::.e�,..l —Cdbdd2 Lanes --- Cdbdv2 Lanea-O... GMA ..Mm•...°rw. w. TM`•'"'a"^�••'�^+O1••^^"r �Anen.l2 LAnna2lv.a-ONaWa GMA gmrn•,ws.r.+am.e.+.r.wrsv.•.n.er.e.rM.r...�++ r+..mrra.^,.re��.�r.a.n•.o..,..c.... mcmvednwu�w av�aa �-1.14 Lnes ..�� Anena 4Lanea•OMapa GMA _My.—.1a lme . . Meld Anv.l a Lanes. 0.aoa GMA ■ �a„ .+•roermw.aaa[raa.emwua rw.ses.aara.e. ucn oa n,ux-ar:.arA sw ur.ar...,..+a,s ;wr..ror^...n+sr+r i lnroidam ('=-.f Cay Umlts aw.^.u+,.r.:wacr.......•w.�u:ew+n:r —� RBIMaLInp ®Ral PdBMa GnUe Gap.fel.a Cms.rp '�•'^^ .aa..^.r ..4 Grwn W,,.aanent Aran O Pdn4al In.rcnange with adopted sub -area, cnnidor. and neighborhood are notpan of Me Master Street plan. The City w.w«... ..r.rs..w...w.nrw..w...am n.� plans of the CRY of Fort Collins is not fiscaly responsible for these i ptovements. Able: othe coaeclorand bcal streets wt shown mabe developed /n accordance Streets and Anedels outsde ofGMA are shown for contextua/pumoses on/yand Executive summary Fort Collins is a L:ltV tit 111o1'e 111;111 130.000 people that is a national leader ill community planning- Smart()ri�t\th_ tloWntutVn redeVeiopnlent and eneru\ ellieiency. C'itirenspridc themselves oil the tlualll\ of li ti llle� hay e deg eloped ill this city located at the north end oFColorado's Front Range urban cmi idor. The pt llulation and business th tit Fort C011illS coupled \\ ith the et Cr increasing amount ol,rail traffic tt ithin the urban area hay e exacerhatcd rail issues of concern to Fort Collins citizens. Rail lines hisect both residential and commercial tic ighburhotids as well as the campus ol-Oflorado State t'niVCl_Sith. '['Ile succes.Sful retic\elOhmetlt ot'do\tntotVn Fort Collins ha: let[ to upscale Man housing hcing construe ed directly ad{acent to mainline rail ImI ic. Ile result is an ever urow illy_ concern with railroad issues anlong, citizens. The goal of' the Railroad Issues Stud" Group is to share With the public the inturttt;ltloll deg eloped thl-oLtJl filet finding_ discussions with knowledgeable experts and make recommendations to Uity Council oll possible solutions or nliti�lations to railroad llrohienls. The Study GroLlp IdClltlfled fl\'e issues to address in this report: • HazartlouS Illaterials shiplttellts • Rail line relocation • Separated grade crossings • Loco lll(Itl\'e horn noise • Blocked at -grade crossings The Study Group outlines in its final report the difticully of exerting local control over railroad issues. federal statutes and rcuWadon cover must salt itics ot'railru & thus pre- cnlptin`g, local or state control. In spitekthese LliftieuMS. the Group has Illade recornmendat ions that could mitigate the impact of railroad issues in Fort C'ollirli Among the key recommendations: + ('onduct a Quiet Zone stud_ to &M-111ilI costs and ability to sceure erossin_,s to receive Federal Railroad :ldmilliStlraliorl Quiet Zone ahl,roVal. I_oconlotiV cs do not sound their horns in Quiet Zones. • Slud\ and pursue potential aher uttives Ui current switching, operations that cause blocked at-uradc crossings in the Riverside Avenue corridor. • Dedicate a Cite staft'poSition- or portion of*;l stal't•position. to SLtper\'ise studies. report on traffic and problems relaWd to raih'oads_ pursue relocation solutions. educate the public m railroad issues and cam, out other recommendation" made in this report. The report contains a total of I _' recommended actions that rallue From near term to lone term ctl6rts. I he reeonitllelldatioltS include the rail tier a public education carllpaign to inform citizens about the tindin'U's ut'this report. Ile Study Group recommends the Cite susmin 1 igorow creative and cooperativc negotiation with the three railroads to solve the conflicts noted in this report. 4 I«uc 1: Locomotive 1101.11 Noise Findint"s: Increased noise front loconloti\ C horns has resulted in Lill increase in Citi/Cn Complaints. ']'lie issue'llas become illorc acute ill the past IWO \'Cars due to the incrCasCd alliount of train traffic. the resuillption of night trains on the 13NSF mainline that had been blocked from Crossing Warren :\ir Force Base in t he\Cnnc at night t611mvinu 9 11 and the 2006 VCdCral Railroad Administration (FRA) adoptCd rC�Iulations 601- the soundin�-I of Itteollloti\ C horns. The rCU'ulations resulted front (,OItgressioilal legislation 1ollo\ving a dramatic increase in train whicle accidents in states \\here local rceulations had halted the use of loom odve horns at Crossings. The nc\\- FRA rule I'cyuirCs h,conlotives to sound their horn no less than 15 seconds and no more than 20 scconds belore entering an at-111-adc Crossinc. '1 he\ Must sound their horn aenms the intersection until the\- ha\ e taken charue of the ci"ossing" The decibel level of locontoliv e horns \\as increased front 96db to 1 I Udb. Am change in the rC�lulation Would re(luirc action by the Federal Railroad Administration or Congress. "I'hc rule provides l'or t\\ o \\ a\ s to exempt the )oConloti\ e froln sounding its horn at an at- gradc Crossing. The first is the creation of a Quiet Lone. While there are mane rCduircnlents tier these. the ('lt\ llltlSI conduct a salit\ study of the crossinus to be included. The stud\' mould chronicle it histor\' of erossill" safety and indicate \\'hat gating. signago Wine or other satct\ nlCasures \\ut►ld he raluired to sCCurc the CrOSSillU during the passage of a train. The stud\' \\ould ha\e to dC►nonsirate that the satct\ ol'ihe crossing \vould not be compromised by till' clinlinalion of the loConloti\ C horn. This altcrnali\ e sho\rs promise tier crossings both north and south oi'the do\\ lito\\ n area. The requirements \could slake it dif7iCult to create a Quiet Zone in the mainline segment tronl I_aUrCI to North College due to the track passing through the llliddle of Mason Street. Reconstruction of the track on \lason to rcaliun the track and separate it from n-aflic lanes A curbOg is a possibilit\ that could ad\ allCe a possihlC Quiet Lone do\\ nto\\ n. The cost o1 pCrti►rming a (IuiCt zonC stud\ is estimated to be het\\Cen S25AH I) and SAl. HM. There are crighcering thms that specialize in this %vork and provide tree estimates on What a stud\' \Vould Cost. The Stud\' Group could not idcntik' ally grams mailable to help defray 111C costs ol'Quict zone studies. and anticipate~ that costs Would be borne locall\. To be put into effect. the Quiet lone plan must he applro\Cd b\ the Colorado Public t-tilities ('onlmission and the FRA. The FRA has created it Quiet Lone calculator that provides utiWelines dw estahlishrrim of a Quiet Zone. The exact requirements \rill \ ar\- \vith the diflcrent characteristics ofthe 21-adC Crossin'.zs but Could include such installations as full Kit-quachanigates.curling or fcllcin-'. The railroads maintain that the C'it\' \\ ould assunlC liability at the Crossing if a Quicl Lone \\-as created. f:\ en \vith it Quiet LonC loCo►riol VCs Would continue to sound horns for pedestrians or other dangers on the track. A Second option to elimillalc locontoli\ c horns ill an al-uradc crol siilu i,, throw-01 the installalion of \\'a\sidc I lorns. These are stationer\ hol'11S Installed as hart oflhc crossin`1 safet\ e(Iuihnlcnl. In-]ietl of the loeonl()ti\ c 1101-11. \\'a\ side I ]urns soulul \\ hen a train is approaching. \\'a\Side toms are (lil'eetional. loCUSIM-1 tilt I-Cduee(1 soun(1 in ali!-,lullcnt \\ith the affected street. 'I hi; ma\' reduce the lc\cl of,horn noise i11 adjacent nciuhborhoods. Prior to conimittin-, to a \\ 1\ side horn option. field lesting of sample burns s1101.11d be collducte(I. I olio\\ 11111 such a test. Ile C'it_\ uFAIA ada linul(i ins11-11ficant belid-It for the locations the\ tested. ReconlIII cildItions: • Co11(Iue1 a Quiet 7_o11c stud\ to in(:lu(Ie the iilllu\\ inI-1: Determine the crossin`as along the BNS1= nulinlinc that \\'ould elualik' lilt' desk- matloll as a Quiet Zone. Pro\ ide a cost benefit anak'sis oFillstallimg, Quiet Zone agates and other Safet\' e(I(lllinmil at crossings. O(ltillC financin`.! options to Purchase cross6111-1 c(Iuipnlclit. Examine the possihilit\ of \\'a\ -side horns. then' cost and their effect on dinlinishim-, the area affected by locomotive horn noise. Lxanlille the possibility ofph\-sicall none barriers near crossim s Sur\ eV the puhlie to deterilline their leVel of concern With locomoti\ e IH11 Se. Measure noise le\cls from passim trains to determinc ifthe\ are \\ithill the federal reuillatioll limits. \lC ISLIre compliance With the l 5-20 Nec'oll(1 Illlllt Oil 1101-11 S01111dI11Ls Delcmilne the legal liablilly filr crossing, safely if a Quiet lone is adohte(I Report on action and costs rccluired to yuallk- Mason Street as a Quiet zone' In file do\\'lllown area. • Educate the public on the Federal Railroad Adnlillistration rc�'ulaliorl that reclllircs the sorlllclin(-, of locollloll\ e horns. Inform the public as to the costs of creating, Quiet 'Zones or other 11111i ualloll Illc'asilreS. ['SC the Nei2llborhood RlS01.11'ce Office as an outreach \ Chicle to new,liborhoods alleete(1 by locomotive horn noise. • Inform our colluressional delegation ofthe publics concern for the cffcct� of tic curl -till locollloll\c horn rcgulatlons. Issue 2: Blocked At -Grade Crossings Findings: Blocked at -grade crossiilzs alon_z Riverside Avenuc have become a major problem fill, 110111 Ilol-111 south and east West traffic in cast Fort Collins. The al -grade crossin��s most affected 11\ rail operations arc \lulberry Street (UP G\\'). Lemav Avetille (UP G\V). Prospect Road (UP) and North College (BNSF). Blockai c times have been monitored by the burl Collins Traffic Operations Department at the Lelllav crossinLI in 2007: and 6 rcveaIal that hIockagcs of to rigor than ten nlinuIes \\erc conIll oII and I-) It as long, as 51 minutes have been recorded (See Appendix li: Sample of I rattle Opcmalions report ofblocked crossing tlllles). The eftect oil citizens has bceil doted by till' n11111erouS complaints Iilcd \\ ith the City and the railroads. Citizens have rCportcd traffic harking up 1i61- more than pile mile dlu"im-, blockages. Business owners have reported a si!gniticcnit th"op in sales durin_z Critical business holes. Medical offices lime reported patients unable to Ilunor al-1110intnnnts. Nlost alarming, an1b111anCC and fire responders ha\ c been trapped in the gridlock caused b\ the lone periods of blocked en ssings I See :appendix C: Sample of Linergency Sol-\ ices Logs of Railroad Incidents). The most critical concern is transporting a patient to Poudre Valley I lospital for C111ci"gcnC\ care and the possibility of the anlhulancc becoming trapped in the gridlock caused by a blocked croSsing. To minimize response delays. t VH has hased an ambulance at PFA Station 2 in! 'ity Park oil \\rest of the tracks since the IQ7Vs. and nu►rc recently has been depk0ing an ambulance to f FA Station 12. north of the tracks. While these deployments aid a rapid response. transportation ofa patient to Potldi"C Valley Hospital call still be delayed by a blocked crossing. The increase in rail acti\1v alunLu 10vaside Avenue has been fueled in large part by the gru\\th of industrial tacilitieS in 1\'intlwr. the l'I' is mo\ in�� shipment; from C'hc\'CnnC. throu,uh their LaSalle yard. and to Dort Collins Or transter to the GW \\hich delivers the shipments to Customers in "ImIsun Since this Wclling operation began in the spine of AOtN the City has been uilrking AT the thlion Pacific and Great Western railroads to move their operations to another site. The t\\-o'railroads have taken steps to reduce the amount tit s".itchlilg that takes place along Riverside. UP trains are no\\ "blockCLI " in Cheycmlc. helping to reduce individual car s\vitching in Fort Collins. The return ofenlpty cars has heen moved to Nlilliken. UP has estimated those changes have reduced the amount of rail activity along Riverside by ht) percent in the past \car. Ho\vcvcr. the long loaded trains carrying cars ii\r both Fort Collins am! A 11 lsor cult lmers regWre the lengllly s\vitehing facility alone Riverside for the transfer of ears bet\vicen the t\vo railroads. Alternatives \vae diSCussed \with the three railroads. Moving, switching operations to the North lard alone Vint: Drive is possible. hilt then could Create the Same problems \vith crossin__s at I"nleoln. Lindell. "!Ho\v and the BNSI= Lemay and Timberline crossings. The G"' and t'P intersect in hchill. just east of I-?5 along U.S. 4. the location shown oil N1ap 2. Car exchange at that point has not beell practical due Iu the lent",th of the current trains. Exchanges involving, onl\ firer than 32 cars arc possible at Kelinl \\-ithout blocking U.S. 4 Ior extended periods of time — and UP trains are generally more than a mile in length. All alternati\C ConrlCCtiari that doe: hold potential is a reconnection of the (.AV Fort line with the VP mainline in north Grecley Sce \lap 2). Such a C01111CCtion \rout(] Chillimac the need filr Windsor cars to pass through Fort Collins. .-fit-grade crossings are blocked at times even \\ hen trains are not present. The Cit\ estimates as man\ as one-third of the severe blockages are Caused by matfunctionini~ gates and Awls. This causes dangerous hChaViol' iltCludnlg CitizCIIS attempting to raise I • Railroad operation or schedule alterations that will reduce frequency and duration of conflicts (engage railroad personnel for feasibility) • Railroad switching yard relocations Conceptual Designs and Cost Estimates • Conceptual level layout of new facilities which could reduce conflicts • Order -of -magnitude construction costs PLAN AREA The focus area includes the UP and GWR tracks that parallel Riverside Avenue between East Prospect Road and North College Avenue shown in Figure 1. The intersections of the tracks with East Prospect Road, South Lemay Avenue, and East Mulberry Street are frequently blocked for long periods of time due to train switching operations. Figure 1: Study Corridor and Influence Area ,., r N � 6UCIUNGHAMST = Legend N State Highway 287 f 2p/%} y N \�\ Rsiiroad - q Major N/S Access a f , c^ ko 4, x .L WCO�LN AVE y NAME F°RY •.. + BNSF IAWROAD z n x y� \\ = U +FORT COLLINS pltMICIPAL RAILROAD IN '. A o r� > �� .. \ 4—GREAT WESTERN RAILROAD T AK S p L:'y �I O G _ -� + UNION PA(: M "ILAQAO m z m . L ��� 'fi' Co lorado State 17 University EMLLSERRY _ w T E j w o Aq o `' f �� � p ° z £Lsr State Highway14 R i; ` Major Point of Access from1-25 v wFLU S _ r n PENND PL- T Y' Prospect Road sTFRy z r Major Point of Access �� IR H w RRELD ST EY ?�_ fU^y-_ a .•. from I-25 w W p,1t! Pl W P -1 -- o wLAx s (i U N EL L / Poudre valley Hospital - Pii05P HI? E Rt7S Cr RD aav R MtQPOf � RELEVANT DOCUMENTS • 2011 Transportation Master Plan (http://www.fcgov.com/planfortcollins/pdf/tmp.pdf) • 2007 Railroad Issues Study Group Final Report, attached RFP 8074 Railroad Crossing Study for Riverside Corridor Page 4 of 30 (It tes nu►nuallV and loss of respect for warning, sipnals. Railroad repair crews often require an hour or hmiger to respond and correct such problems. Colorado does not have a Statute that adlh•esses the iSsue ofhlockcd at -grade crossings. While ]lilt direct],,' mentioned ill federal Railroad Administration re,,-ulations. the railroads have had SuceesS in overturning State and local laws limitinp, the period oftinle an at-gradc crossing. may he blocked. 'i he railroads have cited interstate commerce and safetV I-CULdations that j:1,iVC them broad at►thoritY to operate their trains \%ilhout re,,"aril to local ordinance. Recommendations: • :wAgn a Cite staff position at the police US to: PurSue relocation of SWItching operations that OCCUr alone Ri el"side Avenue outside the (Tv :Acceptance should he hased on e\ entual elimination of sidillgs along RiVCl-Side :AVcnlle. To aSS1St all partieS in understanding the issue. this posil►on should aork with Traffic Operations to monitor and collect data on blocked crossings. and to report on difficulties caused by railroad operations. Prepare a mitigation report on relocation options, including a cost benefit analvs►s. 1=ducatc citizens on their ability to directly report to the railroads the illallunctionillg of crossilw, �-,ates. Determine the costs of locating railroad or contract personnel in Fort Collins to provide rapid response to raise and repair malfunctioning crossing gates_ hl\We and inforn) Transportation Board on railroad issues. Collect further data tin blocked erergency traffic. • hiforin Our cona-eSsiollal delc�lation ofhlocked crossings problem. • Direct Traffic Operations Department to look at: "i_arly Nvarlllllt_' electronic advisory signage warning, motorists it) seek alternative routes \+hen a crossing is blocked ahead.y ReniovinL, the center island till Lemur' south of Riverside to elinliliate the current harrier to left turn traffic onto Rivowide "Ten the erossing is Mocked and tillou1-1h traffic lanes are stalled. Taking manual control of traillc signals from Traffic plc Operations control center to faciiitate tralfic movement during blockages along Riverside Avenue. • Support state legislation that requires the Public Utilities Commission to develop and enhwee regulations for blocked crossings. recognizing a balance betwecn the railroad business and businesses affected by blocked crossings. Work with local rail customers on ways to mingate rail issues. 8 Issue 3: hazardous Materials I ramport Findings: Railroad accidents in\-oi\ Illzu llaZZIRIOLIS Illatl'►ialS 11M C hCCO111C a SCI'1(1LIS 1SSLIC acl-oSS till' nation. The anio lnt of hazardous materials t-ansIng the City of loft Collins each day can be significant. 'I hrough rail traffic Carries such materials as sulfilr. ChlolrinC and Various petroleum based products. \lost shipments of ha/ardtiLIS nlatClrials arc passing tin-ouZ�h the Conllminity and are not tier local deli\ cry. Rail shipments along, the Riverside Avenue branch lines ins olx c only ethanol tank cars at this time. There are mall' federal re4eulations in ]glace regarding, these shipments. Tank cars must cam' plaCal'ds indicatin, the Cargo on board_ Tank cars Carrying Certain types o1' haz;wdous substances must be separated by other cars to rCduCC risk. Railroads are not allowed to hark tank cars conlaining hazwAous materials on sidings tiu more than NN' hours. However shipments of smaller amounts of hazardous materials Contained in boxcars are not rquired to Cam placards. Railroads are relluirCd to aCCCpt shipments of'hazardous materials. They maintain that shipping these materials by rail is safer than by truck. A tank rail ear can hole] the Same volume as thl-ce-and-ill e-half semi -trailer 11-1-lcks. I lazardous materials experts add. however. that sllippin41 by truck allOWS Control OVer what can be transported in which road corridors. First responders in Dort Collins are trained to deal with a hazardous materials spill or leakage. The POLIdre Fire Aulhority has it dedicated hazardous materials response company al\Vilyc, on duty. All three railroads maintain all clrlergency response team. While these capabilities arc significam a serious rail accident could ov er" being the availahlc forces. C OIleerllS or fachlrs inCILulC: • Chemical Hazards Organic vallor". zgascs. and particulates lnor�uanic Vapors_ eases and Particulates Ox\'S-,Cll deficiency C llhustlhlc Vapors or `-gases Radiation 011ler specific Characteristics • Plx'sical Condition of Matcrials involved • Solid. liLluid or ,.zas • Belim for (foaming.. "apprizing. COITodin,) • P1'CS5L11'I%ed or non -pressurized • Potential Path\\ ay s of Dispersion :fir Surface x lter Ground water I and surtgeC Dltcllc.. N1 ells. streams. pulls. rl\ ers • Site ('o►1tlLlli',111011 Access to incident (icographic location Population inlll,ICt Impacts o1 product recovery or Containment I'vacuatioll areas LA aCUatioll routes AM - Decontamination • Site SCCLII-it\ Credential ill,-, • Communications l\ ith "train Support • Contract Responders Mitigation Activilies C"lcanup Citi%cll relocation Business relocation Site Restoration Medical sur\eillancc of victims responders • Train Inspection Programs • Security Erilorcernern Prograrns • SARA Emil-cenlcnt :fictions Recommendations: • Monitor hazardous materials shipment pohcics and legislation to seek opportunities for re-routing such materials ShipmentS. • Entill-ce Vocal ha/.ar(Iotls material regulations "Imi rail cars are parked longer than -lS hours and no longer fall under tcdcral regulations. • Rc\-ie\\ cmcruency sere ices preparations to colic \\ ith possible tilture hazardous nlatcriak' spills and adeyllatcl�- tUnd flltLll-C needs. • I_(ILlcalc Cili/CIIS Oil till' issue lit hazardous materials ,hipmcnis and Meat to do in all ones L'ow . Issue 4: Railroad Relocation Findings: ldeall\-. rail traffic could he relocated from its routes throuuh Fort Collins. As other communities also have issues xvith railroads, a Iunithcr of relocation possibilities have been or are heing studied. The Colorado Department of Transportation launched the Front Ramuc Rail Relocation Implementation SludI in \ovcmhcr 2007. This is Phase "ill\ o of tlic Front Ranee Railroad Infrastructure Project l\ hich is looking at relocating, Front RalluC mainline rail Iraflic to a lic\v rlortll south rail aliinnlent on Colorado's eastern plains. We Mo the Public MAN and (lot Stud\. was completed in 20115_ That report cstiInalcd the Lusts of rail relocation at S L 17 billion \\ ith it public hcncfit ranging hct\\ cen S2.3 billion and S12 hillion (2004 dollars). It projccicd an eastern plains aliL_'nlllent that Would CalT\ trains south frolll Nebraska through Sterling. Fart Morgan. Linton and Las :animas to points South. Phasc T\\o is desk-nied to formulate a ticxihlc package ofpro?jccts acceptable to all partners_ hair and realistic funding' plans baSCd on public and private benefits and costs. dC\ club Support oral I stakcholdCrS and idCntif\' ClIVirorinlental rC-luircnlcnts. AS Phase I Wo begins. the tutus of the Relocation Study appcars to be renlo\ isle coal train traffic lroni the Dcn\ er-Pueblo corri(Ior. Po\\der Basin coal Cull-clltl\ is routed thruugh Stel"ling? into Den\ cr. rather than via the BurlinMon Northern Santa Fe mainline that bisects Fort Collins. The FXCcuti\C Director ofC'DOT has assured the City that the Phase T\\o sludy Will illClude Mainline fi-CiUllt traffic on the BNSF and UP lines north of Den\ er A private corporation is looking Intl) the construclion of a road and rail by-pass of the From Ranee cities. Prairie Falcon Parkway Express proleCt. Conlnlonl\ referred to as the Super Slab. Would COnSt1-IICI a 210 mile turnpike and rail line front the Wellington area to South of Pueblo. Their Ind "vuld he to car-_V through freight traffic that currently uses the BNSF mainline in Fort Collins and the f Winn Pacific mainline through Grccic\. A third possibility has also hecn ghvn sehms COE1SICh1"iltll)Il. It I11\'ol\'cd t-allSler-111�g, BNSF traffic off lhclr Current Che\cline-Fort Collins -Denver mainline to the l'nion Pacific nlainlinc through (irecic\. The two railroadS \\'erC unable to C0111C to an agivenient on sharinL, the LP track that parallels t '.S. S; through Weld Count\. Ifthrough train traffic is moved offthe BNSF ma1I line in Forl C011111S 11 is unlikel\' the tracks would he abandoned. "I110rc Will continue to he local frcight deli\'erics and traffic could actual]\ increase with a growth in local customers as has been the case with the Great Western branch line. There is also the possibility that commuter rail connecting Fort Collins will Dcn\cr will make use of the tracks in the future. Recolumendatiuns: • Dcsignate a City staffrrlcnlber to participate in the Colorado Department of TranSportation Phase TWO rail relocation stud\. • Pursue relocation possibilities with rcuional partners. Issue 5: C:rade Separate(I Crossings Findings: Concerns ha\ e lone been held by resitlents about Cross -to\\ n enlergcllc\ traffic being. blocked by it stalled train oil till' mahil►ne as \\ell as the blocka.-'es alone Iti\erside Avenue caused hy switching operations. One solution iS "We separation. Grade Separated crossings are underpasses or overpasses that move vehicular traffic o\ er or under rail lines. Fort Collins currentl\ has onl\ one grade separated street crossing the trill\ underpass below the t'niorl Pacific branch line. ill addition- two pedestrian crossillUS lass ululcr the t'nkm Pacific tmeks at VCM10111 and at Proslect. On the R\SF mainline. pedestrian underpasses exist just north oft'ni\ersh, Street ant! th Carr\ the Spring Crcck Trail. A pedeStrian M erpasS is scheduled 601- construction east of the Federal Research Ccnter campus in 2OWN. The Fort Collins Transportation \taster Plan has identified nine at -grade as potential grade separated crossilws: • Mountain Vista (BNSF) •Timberline (BNSF) • Lern a\ (BNSF) • Drake (BNSF) • Trilby (13301=) • heenland (UP) • Trilby (UP — widen cxistin-, underpass) • Carpenter (UP) W all at -grade crossings ran he convened to grade selara ml crossings. Topography and existing, Street lay -out are major factors in determining It a grade separated crossing, is Ieasible. It has been determined that the Mulberry and Lcmay crossings of the ('P anti G%V would not he practical due to the close proxinlit\ ofRiverside Avenue parallel to the tacks. Grade separated crossings are expensi e_ \\rill estimates fir projects in Fort Collin; at S 10 mullion or more per crossing (2007 dollars). In 2002 and ?Utt-I Dort Collins voters rejected tax increases that Would have funded two ;made separated crossings hfihc BNSF at Lemav and at Drake. there are also it great man\ benelits that can be realized from a separated crossing. Less air pollution li-oil i H&g Vehieles- the cost to corlmmerce of blocked access- lilel wasted in -ridlock Situations and use of mo\ cr)lent fill- clllcrtterlc\ responders. Recommendations: • Refer to voters it sales tax ballot issue dedicated to railroad issues thal would fund Such mcaSttres as: 12 O�CI-IMSS uMICI-Ilan; com;trLIC11011 Q111ct Zone inlhlcnlcntali011 l f.Ick 1'l'IOCl 10011 Altcrnalciv: If'a Re--nonal TI-m1s1x>rtMi011 is rc%ixitc(l. dedicate a hrn-lit,n 0110ca1 R f A 1111RIs 1'()r the cull.truc11011 Of scl)ZII-ZIMI Cl-ussiltls. 0 PLI1-SLIC fl(Icral fillldin� to lCVCI-ZIUe luc.11 c1011a1-s. 1, \ppendires \I)IIQnLli\ A: Experts inter%-iC%k-ed hV SludV GI-01111 \ppcndix R: SanjAc of T vAlc Operations repirt of'hluckcd crossing times Appendix C: Sample ol, l:mer_oclic - Services Logs ol' Railroad Incident, -\I?pentlix D: Illustrations ufalternati\e rail transfer locations -Appendix E: Illustration of\Mason Street rail alignment Appendix l=: Links to supporting documcntation and relevant reports 14 Appendix A: FAIMts inte►A iCWed h\ Stud\ (;roue I -he 601lowin'u, experts appe;u-ed hefi>re the Study (_hoop to diSculs iSSueS: I Io%%and Gillespie. IzquioIlaI Manager of Gradc Crossings. Federal Rai Iron(I :\dministration \like Rumsm% Senior Inspector. Federal Railroad Administration Pamela Fischhaher. Ohiet'ot'Rail Trallsil Salety. Colorado Public Utilities Commission Tamera Lang_ Projccl Manaucl-. Railroad Relocation Stud. Colorado Department o1 Transpol'lal►on Kallllcen Bracke. Imer►m I ransporlSon Phnn►ng and P(gicv DIreck, CA of On C4111 ns \like Gay in and Bob Poncelow. Battalion Chiefs. Pond►'e Fire :\utlwritX' Run Welch. Malw-ler ofTrair► Operations. Union Pacific Railroad Pat I IC►Till. Super\ isor of OI)Cl_atians. BUI-lin-ton Northern Santa Fe Railway C'alliv Norris. Government Relations. Burli► glon Northern Santa Fe Rai wm- .lep Seman. Co►-horate Ads orates_ repmsenting Rurlingon Northern Sam❑ Fe RaII= AN cry Grimes. Senior Vice President. Onuii'l-rax (Great Western Rail\N av) 15 Appendix B: Sample of Traffic Operations report of bloscked crossing times 1 of 5 Lemay & Riverside Railroad Crossing Date Total Preempts Longest Preempt Average Duration 8/5/2007 2 0:00:55 0:00:52 8/6/2007 5 0:12:13 0:03:24 8/7/2007 10 0:17:13 0:05:02 8/8/2007 17 0:04:48 0:01:38 8/9/2007 12 0:12:08 0:02:17 8/10/2007 13 0:20:27 0:03:52 8/11/2007 4 0:07:29 0:02:33 8/12/2007 2 0:01:06 0:00:52 8/13/2007 15 0:17:32 0 03:15 8/14/2007 7 0:04:56 0:01:53 8/15/2007 12 0:11:39 0:03:42 8/16/2007 17 0:22:40 0:04:29 8/17/2007 5 0:02:52 0:01:22 8/18/2007 8 0:07:34 0:02:03 8/19/2007 9 0:12:42 0:05:18 8/2012007 1 0:00:07 0:00:07 8/21/2007 7 0:22:02 0:05:37 8/22/2007 32 0:17:50 0:03:39 8/23/2007 10 0:23:05 0:03:35 8/24/2007 12 0:10:34 0:03:30 8/25/2007 2 0:00:48 0:00:47 8/26/2007 8 0:20:13 0:04:29 8/27/2007 15 0:10:00 0:04:02 8/28/2007 12 0:09:47 0:02:42 8/29/2007 2 0:00:47 0:00:38 8/30/2007 15 0:08:30 0:02:18 8/31/2007 5 0:04:28 0:01:58 9/1 /2007 8 0:14:36 0:04:03 9/2/2007 2 0:04:38 0.03:03 Appendix B: Sample of Traffic Operations report of bloscked crossing times Lemay & Riverside Railroad Crossing 2 of 5 Date Total Preempts Longest Preempt Average Duration 9/3/2007 16 0:06:59 0:02:41 9/4/2007 12 0:09:51 0:02:05 915/2007 7 0:06:30 0:01:58 9/6/2007 12 0:08:12 0:02:40 9f7/2007 8 0:02:45 0:01:14 9/8/2007 9 0:09:39 0:02:13 9/10/2007 11 0:09:31 0:02:44 9/11 /2007 16 0:08:07 0:01:59 9/12/2007 11 0:06:54 0:02:22 9/13/2007 14 0:05:11 0:01:35 9/14/2007 10 0:03M 0:01:12 9/16/2007 17 0:0421 0:01:31 9/17/2007 17 0:16:08 0:02:01 9/18/2007 22 0:0829 0:01:55 9/19/2007 24 0:29:06 0:04:15 9/20/2007 10 0:02:39 0:01:31 9/21 /2007 12 0:10:56 0:03:14 9/22/2007 8 0:10:45 0:02:46 9/23/2007 4 0:04:47 0:01:49 9/24/2007 4 0:13:45 0:03:57 9/25/2007 14 0:09:41 0:03:22 9/26/2007 13 0:12:12 0:02:51 9/27/2007 5 0:14:42 0:04:50 9/28/2007 9 0:03:40 0:01:25 9/29/2007 11 0:19:56 0:05:10 9/30/2007 3 0:01.57 0:01:14 10/1/2007 12 0:08:31 0:02:31 10/2/2007 7 0:06:10 0:01:46 10/3/2007 10 0:19.31 0:03:32 10/4/2007 14 0:08:12 0:02:02 STUDY ADMINISTRATION Erika Keeton will serve as the City of Fort Collins project manager for the study. The consultant will confer/meet with the project manager regularly to review study progress, present working papers and study findings, and solicit direction. Working drafts developed during the study will circulate to staff for review and comment. Relevant comments and requests will be incorporated into the working drafts and final documents. SUBMITTAL REQUIREMENTS All respondents are required to include the following information in the submittal as a minimum. 1. Project Understanding: Provide a brief summary of your understanding of the project, including experience, relationships, and knowledge of UP and GWR. 2. Approach: Describe your recommended approach to achieve each of the tasks outlined in the Scope of Work described above. Responders are encouraged to think beyond the outlined Scope of Work and provide innovative and cost effective solutions. 3. Deliverables: Provide a description or examples of how you will present the deliverables and the tools that will be used to create project products. 4. Team Profile: Provide relevant information regarding the team you propose to work on this project including: a. Overview of firm(s) b. Example of recent and relevant projects with location and reference contacts c. People (availability, commitment) d. Proposed team organization (org chart) of key personnel with titles and specific tasks 5. Schedule: Provide a detailed project schedule showing key milestones and deliverable dates. 6. Work Hours: Please include number of hours to complete this project. 7. DO NOT INCLUDE ANY COST FOR THIS PROJECT. The City may use Federal funding for this project so cost will be negotiated with the awarded Service Provider. Any firm that includes cost will be disqualified. It is expected that this project will be a collaborative effort with City. City staff will be working closely with the successful respondent on all aspects of the study. Within your response please include how you would work with City staff to conduct the study in an effort to save costs wherever possible. A maximum number of 15 double -sided pages (30 pages total) are allowed for this proposal. All sheets except resumes and samples of work are included in this total. In addition, the proposal shall be submitted in electronic format as a PDF on a CD or DVD. RFP 8074 Railroad Crossing Study for Riverside Corridor Page 5 of 30 Appendix B: Sample of Traffic Operations report of bloscked crossing times Lemay & Riverside Railroad Crossing 3 of 5 Date Total Preempts Longest Preempt Average Duration 10/5/2007 6 0:01:48 0:01:23 10/6/2007 1 0:01:27 0:01:27 10/7/2007 14 0:06:40 0:01:57 10/8/2007 15 0:09:15 0:02:40 10/9/2007 13 0:04.21 0.01:50 10/10/2007 12 0:01:55 0:00:59 10111 /2007 8 0:13:18 0:03:46 10/12/2007 11 0.03:44 0:01:15 10/1312007 7 0:20:56 0:04:09 10/14/2007 6 0:02:42 0:01:34 10/15/2007 25 0:14:40 0:01:58 10/16/2007 18 0:06:07 0:01:16 10/17/2007 5 0:06:51 0:02:30 10/18/2007 9 0:12.09 0:04:02 10/19/2007 7 0:08:36 0:02A5 10/21 /2007 12 0:05:37 0:01:37 10/22/2007 10 0:10:31 0:03:53 10/23/2007 14 0:07:37 0:02:43 10/24/2007 26 0:07:27 0:01:43 10/25/2007 7 0:04:07 0.02:02 10/26/2007 1 0:00.34 0:00:34 10/27/2007 4 0:04:21 0:01:44 10/28/2007 6 0:06:25 0:02:50 10/29/2007 14 0:07:23 0:02:47 10/30/2007 9 0:18:10 0:03:57 10/31/2007 9 0:09:13 0:02:54 11 /112007 9 0.11:27 0:03:12 1102007 8 0:11:35 0:03:14 11 /312007 4 0:08:50 0:02:56 11 /4/2007 9 0:09:48 0:03:29 Appendix B: Sample of Traffic Operations report of bloscked crossing times Lemay & Riverside Railroad Crossing 4 of 5 Date Total Preempts Longest Preempt Average Duration 11/5/2007 9 0.08:59 0.02.48 11/6/2007 9 0:05:54 0:01:57 11 f7/2007 11 0:11:35 0:02:57 11 /8/2007 17 0:15:40 0.03:46 11 /912007 16 0:11:50 0:02:31 11/10/2007 8 0:02:45 0:01:17 11/11/2007 5 0:05:37 0:02:40 11 /12/2007 16 0:13:24 0:02:36 11 /13/2007 12 0:12:21 0:03:39 11/14/2007 4 0:06:03 0:02:41 11 /15/2007 3 0:01:53 0:01:24 11/16/2007 15 0:03:55 0:01:20 11/17/2007 4 0:02:06 0:01:01 11/18/2007 5 0:05:43 0:01:47 11/19/2007 9 0:20:46 0:03:57 11 /20/2007 7 0:07:22 0:02:15 11 /21 /2007 10 0:10:47 0:03:35 11 /23/2007 9 0:07:51 0:02:08 11 /24/2007 7 0:08:29 0:02:59 11 /25/2007 7 0:13:45 0:05:23 11 /26/2007 34 0:15:32 0:01:35 11/27/2007 87 0:23:46 0:0112 11 /28/2007 12 0:14:44 0:03:14 11 /29/2007 12 0:07:38 0:01:59 11 /30/2007 21 0:12:45 0:02:28 12/1 /2007 18 0:14:00 0:01:46 12/2/2007 8 0:07:39 0:02:21 12/3/2007 14 0:21:49 0:03:27 12/4/2007 21 0:06:53 0:02:26 12/5/2007 7 0:05:37 0:02:37 Appendix B: Sample of Traffic Operations report of bloscked c►ossing times Lemay & Riverside Railroad Crossing 5 of 5 Date Total Preempts Longest Preempt Average Duration 12/6/2007 13 0:06:47 0:02:01 12/7/2007 14 0:04:41 0:01:22 12/8/2007 11 0.11:42 0:02:35 12/10/2007 8 0:03:04 0:01:30 12/11 /2007 7 0:05:51 0.02:29 12/12/2007 8 0:08:01 0:02:41 12/13/2007 5 0:02:03 0:01:17 12/14/2007 6 0:05:48 0:01:55 12/15/2007 5 0:13:56 0:03:28 12/16/2007 8 0:04:38 0:02:16 12/17/2007 9 0:12:47 0:05:21 12/18/2007 4 0:05:18 0:04:03 12/19/2007 20 0:07:45 0:02:06 12/20/2007 9 0:12:27 0:04:53 12/21 /2007 5 0:21:12 0:06:35 Appendix C: Sample of emergency service logs of railroad incidents Page 1 of 11 Law Enforcement Train Events 7/1/07 through 11/26/07 1.00 ENTRY 7:8'2007 12:00:00ANI FCC 16 TEXT:JUST NORTH OF THE CROSSING --- SUBJ SI1 T ING ON THE TRACKS. WEARING A WHi T SHIRT..UNK IF WALE OR FEA•1'PHA209182 2.00 E911 7/8/2007 12.00:OOAA-1 FCC16 LOCATION: COLORADO STATE UNIVERS.FTC PHONE:970'COAIP:Verizon WRLS 800-451-5242',SRC:WPFil +LAT.+40.575417 LON:-105.089056 ",UNCERT: 1709FT '.PNUf%,1:303-51 1-4011 3.00 PRIOR 7;8 2007 12:00:OOAA-1 FCC16 CP T 07r'06r07 TL 00:21:02 (27 MORE) 4.00 h11SCX 718.2007 12:00:00ANI FCC16 INFT SAYS 1:'. ';•! IS COMIGN 5.00 DISPATCH 7.,8;2007 12:00:OOAKI FCC89 36.00 TRANSPRT 711,'2007 12:00:00AAI FC202 1C202 JAIL 37.00 A)ISC 7,11.2007 12:OO:OOAh4 FC202 1C202. ONE MALE BM31011 38.00 MISC 7111-2007 12.00:00AAI FCC141 1C202. --IN CUSTODY-- 39.00 k41SC 7!11,2007 12:00:OOAM FC202 1C202. DELAYED BY.ii:i Ir, 40.00 MISC 7112007 12:00:OOAK1 FC202 IC202. BACK ENROUTE 41.00 MISC 7111/2007 12:OO:OOANI FC202 3.00 DISPATCH 7r'13r2007 12:00:OOAAI FCC69 1A169 4.00 ID 71112007 12:OO:OOAK1 FCC69 1A169 5.00 ENROUTE 7d3i2007 12:00:OOAh•1 FC169 1A169 6.00 NIISC 7'13 2007 12:00:00Ard FC169 1A169. I F-P. DELAY AT MULBERRY RIVERSIDE 7.00 ONSCENE 7r13!2007 12:OO:OOAM FC169 1.00 ENTRY 7113,2007 12:00:OOAM FCC75 TEXT:THE I N, :. IS NOT MOVING ABOUT 1;2 BLOCK FRONT THE CROSSING " AS IT HAS ACTIVATED THE ARK -IS CITIZENS ARE HOLDING UP THE ARRAS TO PASS'NAKIE:REF 2.00 PRIOR 7 13'2007 12.00:OOAA1 FCC75 CP T 07,10.07 �d 10:31:41 (84 MORE) 3.00 DISPATCH 7113i2OO7 12:00:OOAh1 FCC69 1J106 4.00 ID 7112007 12:00:OOANI FCC69 1J106 5.00 ENROUTE 7113,12007 12:00:00AM FCC106 1J106 6.00 ONSCENOK 7 13 2007 12:00:OOAP:1 FCC106 23.00 TRANSPRT 711412007 12:00:OOAR1 FC202 1C202 JAIL 24.00 MISC 7 14,2007 12:00:OOAM FC202 1C202. MALE BAI 31216 25.00 CASE 7'14-2007 12:00:OOANI FC202 1C202 FC0700011390 Assigned 26.00 INSRVICE 7114.2007 12:00:OOAt,.1 FC204 1C204 Appendix C: Sample of emergency service logs of railroad incidents Page 2 of 11 27.00 MISC 7 14 2007 12:00:00AM FC202 1C202. DELAYED BY ' 28.00 FNLTYPE 7 14 2007 1200:00AM FCC53 1C202 FINALTYPE:DIST-->VVARR PR1:2-->3 29.00 N11SC 7,14,200i 12:00:O0AM FC202 1C202. BROTHER VS. BROTHER FIGHT. NEITHER V/ANTED TO PURSUE CHARGES. ONE MALE ARRESTED ON VJARRANT. 30.00 NIISC 714 2007 12:OO:OOANI FC202 1.00 ONVIEW 7 18 2007 12:OO:OOAN1 C74.15 51336. LOOKING FOR %!': RIDER 2.00 ID 7'18i2007 12:00:OOAM C7445 5836 3.00 CHGLOCOS 7,18 2007 12:00:00AM C7445 5836 105 W PROSPECT RD .FTC 4.00 MISC 7118 2007 12:00:00AM C7445 5836. SUSP HAD GRN SHIRT TAN SHORTS DIRTY BLN HAIR BEHIND PHILLIPS 66-TOWARDSCHUCK E CHEESE 5.00 BACK -OS 711812007 12:00:OOAM C7445 5836 51327 6.00 ID 7/18r2007 12:OO700AN1 C7445 1.00 ENTRY 7,18,2007 12:OO:OOAN1 FCC46 TEXT:TI'A M MOVING BACK AND FORTH FOR QUITE A WHILE (CALLER SAYS OVER 112 AN HOUR),BLOCKING TRAFFIC "- ONLY 1 CALL INTO CENTER FOR RIGHT NOW'PH:556-8332 2.00 CLOSE 7118/2007 12:00:OOAM FCC46 CLOSED EVENT ENTERED 3.00 REOPEN 718/2007 12:OO:OOAN1 FCC46 OFCR'S ROST 4.00 DISP-ENR 7118/2007 12:00:0OANI FCC1'11 1J106 5.00 ID 718/2007 12:00:00AN1 FM11 6.00 ENROUTE 7/25/2007 12:00:O0ANI FC107 1A107 7.00 MISC 7,25,2007 12:00:OOANI FC107 IA107. DELAYED BY lRi.IN 8.00 ONSCENE 7;2512007 12:00:O0AN1 FC107 1A107 9.00 CLEAR 7.25,,2007 12:00:OOAM FC107 12.00 ENROUTE 7i2712007 12:00:OOAN1 FCC126 IF209 13.00 ENROUTE 7,27/2007 12:00:OOAM FCC126 1F210 14.00 KIISC 7i27,'2007 12:OO:OOAM FCC126 1F209. F209 F210 DELAYED BY TRI IN' 15.00 MISC 7i27,2007 12:00:00AN•1 FCC126 1F215. NEED BACKUP UNIT TO STEP IT UP 16.00 BACKUP 7i 27/2007 12:0O:OOA10 FCC126 'IF2131F212 17.00 ONSCENE 7,27,2007 12:00:OOAM FCC126 7.00 ENROUTE 7.2912007 12:00:OOAM FCC125 1B208 8.00 kIISC 7.29'2007 12:00:O0Md FCC125 1 B208. ON FOOT 9.00 ONSCENE 7.29 2007 12:00:OOAN1 FCC125 1B208 10.00 MISC 7�29,2007 12:00:OOALI FCC125 1C167. STUCK BY 11tAP,' 11.00 ENROUTE 7,29,2007 12:00:OOA10 FCC125 Appendix C: Sample of emergency service logs of railroad incidents Page 3 of 11 1C.167 12.00 BACKUP 7 29 2007 12:00:OOAA1 FCC125 1B208 1C179 13.00 ID 7 29 2007 12:00:00ALI FCC125 1 C 179 14.00 ENROUTE 7.29.2007 12:00:00AH FC 179 1C179 15.00 PREEMPT 7 29 2007 12:00:00AM FCC125 16.00 MISC 7 291007 12:00:00AR1 FCC125 1C167, CLR OF i 1' - 17.00 BACKUP 7-29'2007 12:00:OOAA1 FCC 125 182081S7 18.00 ID 7 29.2007 12:00:00Ard FCC125 1.00 ENTRY 7 30 2007 12:00:00AM FCC141 TEXT:INFT GOT THIRD HAND INFO THAT MALE 1'0 REAR OF BUSN HAS BEEN HIT BY SOMETHING ON THE 'l'!". A;; i AND IS BLEEDING FROM THE HEAD NANIE:TACO JOHNS 'PH:9701221-0137 6OURCE:BUSN 2.00 PRIOR 7:30.2007 12:00:00AA1 FCC141 CP WELF 06,24.07 c' 04:11:33 (7 MORE) 3.00 SUPP T30i2007 12:0O:OOAM FCC141 TEXT :SUBJ SHOULD BE AT CHERRY,COLLEGE NEAR JIFFY LUBE 4.00 DISPATCH 7!30,2007 12:00:00AA1 FCC75 1K43 1B136 5.00 ID T'30?2007 12:00:OOAA1 FCC75 9.00 MISC 7/31/2007 12:00:OOANi FCC46 1,114. BNSF RAILROAD SAYS CROSSING ARM IS KNOCKED OFF AT TIMBERLINE AND VINE AND SIGNAL MAY FLASH. REPAIR IS ON THE WAY... -RE CORDS [07131;071019370011 10.00 MISC 7131.2007 12:00:00AM FCC46 1,114. TRt-.I,: MOVING BACK AND FORTH THU INTERSECTION(07,31'071025460011 11.00 CLEAR 7;31/2007 12.00:00ANI FCC14 1J14 UNF. T12.'•,i� MOVING BACK AND FORTH ACROSS TIMBERLINE. VEHICLE ENDEDUP STOPPED ON TRACKS. ARM CAME DOWN ON PU BED. NO REAL DAMAGE 7.00 ENROUTE 8112007 12:00:00Ah1 FC170 1A170 8.00 ENROUTE 81112007 12:00:00AM FC174 1A174 9.00 MISC 8./112007 12:00:00AA1 FC170 1A170. DELAYED BY ; 1?.+I': 10.00 ONSCENE 811.2007 12:00:OOAN1 FC170 1A170 11.00 ONSCENE 8, 1,2007 12:00:00AA1 FC174 8.00 MISC 8 2'2007 12:00:00AM FCC27 .594. FDISP LIGHT AT RtVERSIDE•LENIAY IS FLASHING RED FOREB,VIIB TRAFFICINF PETER 443-7119108.'02, 072102'27001) 9.00 P:11SC 8,2,2007 12:00:00AM FCC27 .594. TO 'FC FDISP FREC"'1900 BLK E DRAKE"'RR TK ARMS DOWN... NO) UNION PACIFIC NOTIFIED108-02 072102320011 10.00 MISC 8.2-'2007 12:00:00AM FCC27 .594. TO'FC FDISP" STORrt1 WATEW2220308 TOA1 ADVISED TO MAKE PROS.•COLL HIGHEST 9.00 ENROUTE 8'4,2007 12:00:00A10 FCC125 1P99 10.00 HISC 8'4:2007 12:00:00Aki FCC125 1P99. STUCK BY 11.00 UPDATE 8.f4 2007 12:00:00Ard FCC17 COMP: 12.00 E911 814 2007 12:00:00AA•1 FCC17 LOCATION: COklP:SPRINT PCS Appendix C: Sample of emergency service logs of railroad incidents Page 4 of 11 888-877-7330 SRC:%'JPH2 LAT:+.10.607357 LON:-105.085902'UNCERT: 11FT PNUA4:970-978-6516 13.00 SUPP 84 2007 12:00:00AA1 FCC17 TF.XT:DRIVER RAN. BUT HIS CHRYSLER IS STILL IN THE DRIVE NAAIE:KAYI.IN 14.00 BACK -ER 8 4.2007 12:00:00Ml FC197 1C204 1BI97 15.00 ID 8'4 2007 12:00:00AM FC197 10.00 ENROUTE 810,2007 12:00:00AI0 FC 185 1B185 11.00 MISC 8.10;2007 12:00:00AU FC185 1B185. DELAYED BY ; .!I : 12.00 OUERY 8:10r2007 12:00:00AM FC185 1B185 OV LIC.117GDY 13.00 ONSCENE 8,1012007 12:00:00AM FC185 1.00 ENTRY 812,2007 12:00:00AIvI FCC111 TEXT:CAR VS 1.; 2.00 E911 812,2007 12:00:00AM FCC111 LOCATION:3300 S College Ave.FTC'PHONE: COMP:T-Mobile USA �SRC:WPH1 'LAT:+40.541793 LON:-105.077061 3.00 PRIOR 802!2007 12:00:00AM FCC111 5.00 ENROUTE 8:14-2007 12:00:00AI:1 FC179 1C179 6.00 MISC 8.14i2007 12:00-00AM FC179 1C179. DELAYED BY (F'•.^!:': 7.00 AIISC 8 14'2007 12:00:00A10 FC179 1C179. THE CLERK DESCRIBED THEM AS "GIDDY" AS THEY MADE THE PURCHASE AND SAID 22.00 ONSCENOK 8!14-*2007 12:00:OOAKI FC207 1B207 23.00 CLEAR 8104;2007 12:00:00AM FC207 18207 WAR. INTOXICATED INDIVIDUALS WERE CONTACTED IN REFERENCE TO THE DANGERS OF , il':AiN HOPPING. THEY WERE WARNED 24.00 INSRVICE 8114i2007 12:00.00Mi FC167 7.00 ENROUTE 8,15,2007 12:00:00AM FC192 113192 8.00 WSC 8,15%2007 12:00:00AA1 FCC27 1B60. STALLED BY I1" ,'� 9.00 ONSCENE 8/15,12007 12:00:00AI`.1 FC192 IB192 10.00 QUERY 8i15i2007 12:00:00AM FCC27 113192 OV LIC,938NGG 11.00 BACKUP 8.15.2U07 12:00:00AI.i FCC27 12.00 ONSCENE 8:19;2007 12:00MAA1 FC193 1 C193 13.00 IISC 819,2007 12:00:00Ml FCC89 1K132. ON I Ni,li; DELAY 14.00 BACK -OS 8 19;2007 12:00:00AM FCC89 1C193 IIE151 15.00 ID 8.19,2007 12:0 MAn1 FC 28.00 TR-CPIPT 8 19!2007 12:00:00AM FC124 IA124. t.l 1A124.FEN4ALE BEGINNING MILEAGE 54316.2 29.00 MISC 8!19!2007 12:00:00Ah•1 FC188 1K188. STOPPED BY • ; :' l?: AT VINE TIP.IBERLINE 30.00 MISC 819r2007 12:00:00AM FC124 1A124. ENDING MILEAGE 54318.9 1.00 ENTRY &22l2007 12.00100A10 FCC37 Appendix C: Sample of emergency service logs of railroad incidents Page 5 of 11 TF XT:INFT'S EX SUPPOSEDLY THERE TRYING TO GET INTO THE RES, 2 CHILDREN 1h 14 HOkIF 14.00 ONSCENOK 8 22 2007 12:00:OOAI0 FCC37 1823 15.00 N1ISC 8-22,2007 12:00:00AM FC23 1623. DELAY IN RESPONSE 13 MIN 16.00 MISC 8 22 2007 12:00:00A(0 FC23 12.00 ENROUTE 8 24 2007 12:OO:OOAN1 FC19 1A19 13.00 ONSCENE 8 24 2007 12:00:OOAKI FC19 1A19 14.00 MISC 8,24 2007 12:00:00AN1 FCC46 1A19, DELAYED BY :•: 15.00 ONSCENOK 8'24 2007 12:00:OOAM FCC46 1A19. IN CT 16.00 CLEAR &24:2007 12:OO:OOAN1 FC19 1.00 ENTRY 8.!25 2007 12:00:00AN4 FCC142 TEXT:NIALES TRYING TO JUTAP ONTO THE 17:'Al-J. ONE VVRG GRY TSHIRT. ONE WRG BLU BBCAP RIDING SKATEBOARD NAME:SHANNON `.PH.2227478 2.00 E911 8125r2007 12:00:OOAN1 FCC142 LOCATION:124 WEST MAGNOLIA - N SECT.FTC ` PHONE: 303 511-4006 1COMP:Verizon WRLS 4.00 ONSCENOK 8'27 2007 12.00:OOAN1 FCC75 1J59 5,00 CLEAR 8;27i2007 12:00:OOANI FCC59 1,159 NAT. SPOKE WITH BNSF. RE THIS CASE. SHE WILL BE SENDING NIE THE EVENT DATA RECORDER INFO FROM THE TNZAI •1. 6.00 CLOSE 8.,27/2007 12:00:OOAN-I FCC59 4.00 ENROUTE 8,'29,12007 12:00:OOAN-I FCC14 1,114 5.00 MISC 8/29'2007 12:00:OOAM FCC46 1J14.'�r!`.Ill DELAY - VINE 6.00 ONSCENOK 8129.2007 12:00:OOAM FCC14 1J14 7.00 CASE 8!29,2007 12:00:OOAId FCC14 1.00 ENTRY 9/2:2007 12:00:00AM C7460 TEXT:EAST OF STUDENT SERVICES. WAS MESSING AROUND ON THE I kAir:. GOT DRAGGED BY THE 'i ,'0' 1. BALL CAP WHITE POLO SHIRT BLUE JEANS WHITE Ie1ALE ABOUT 5'8 'NAME:AGENT 2.00 PRIOR 9 1.00 ENTRY 9/2/2007 12:00:OOAN1 FCC27 TEXT:INFTS FRIEND'HOPPED A I:.'.I ;' 2 HRS AGO: THE i Iti•lr AND THE FRIEND ARE LONG GONE.. BUT INFT SAYS 'HE'LL GET A LAWYER IF FCPD DOESNT SHOW UP.' NO FURTHER INTO.. INFT HUNG UP VMEN HE WAS TOLD THERE WAS NOTHING FCPD CAN DO NAME:JORDAN PH:9706902505 ,SOURCE:WPH 1 2.00 E911 9r2 2007 12:00:OOAM FCC27 LOCATIONA25 W Prospect Rd.FTC'PHONE 23.00 INSRVICE 9 5 2007 12:00:OOAM FC217 1C217 24.00 NIISC 95 2007 12:00:OOAM FC136 16136. WAITING FOR r 1'; -:N ON N COLLEGE 25.00 TR-CP.1PT 9 5r2007 12:OO:OOANI FC136 113136 26.00 CLEAR 9.5 2007 12:00:OOAN•1 FC136 10.00 ENROUTE 9'&2007 12:00:OOAM FCC106 1J106 11.00 MISC 9,6r2007 12:00:OOAM FCC27 1 B200. DELAYED BY ! E' ". Appendix C: Sample of emergency service logs of railroad incidents Page 6 of 11 12.00 ONSCENOK 9-6.2007 12:00:00AM FCC106 1J106 13.00 INSRVICE 9 6.'2007 12:00:00Ald FC200 18200 14.00 CLEAR 9 6-2007 12:00:00AM FCC106 1 J106 AOA. ASSIST WITH TRAF CONTROL FOR INJURED BICYCLE RIDER THAT COLLIDED WITH 1.00 ENTRY 9,8'2007 12:00:OOAN1 FCC19 TEXT:2 IAJP.I'S PLAYING CHICKEN WITH THE i I-. BOTH ARE DK . ONE TANK TOP. SHORTS. RED GOATEE. OTHER HAS WHI TOP. BLU SHORTS NAh:1E:A1.1Y BSNF RAILROAD 1.00 ENTRY 9-9'2007 12:00:00AN1 FCC132 TEXT: - 1. -W HAS STOPPED RIGHT IN FRONT OF THE GARAGE DUE TO APPROX a ADULTS WHO HAVE JUNIPED ON THE `I:; = RR PERSONNEL IS TRYING TO GET THEM OFF. HAVING SOME PROBLEMS. `NAKIE:ERIC-PARKING GARAGE SECURITY 1.00 ENTRY 9i9-'2007 12:0O:OOAM FCC46 TEXT:THE BELL FROM THE RR TRACK IS CONTINUEING TO RING;NO 1;'•.;':. INFT HEARS A LOTOF CHANTING 'LAUGHING CONIING FROM THE AREA. THINKS THOSE PEOPLE ARE INVOLVEDSONIEHOW. RR COMPANY NOTIFIED'NAME:ANON 1.00 ENTRY 9.13/2007 12:00:00AM C7460 TEXT:CONDUCTOR OF THE = RAIN WAS LEANING OUT AND TAKING PICTURES OF WOMEN 5.00 NEWLOC 9!16i2007 12:00:00AM C7460 LOCATION:PITKINiRR TRACKS-->S MASON ST,W PITKIN ST .FTC 6.00 ONSCENOK 9i1612007 12:00:00ANI C7460 5837 7.00 CLEAR 9; M2007 12:00:OOAM C7529 5837 WAR, 3 WERE LOOKING FOR A PENNY THAT THE i F>>.II•: RAN OVER. WARNED FOR 1.00 ENTRY 9r20/2007 12:00:00AK1 FCC16 TEXT:MOM AT PVH ON N1ETH..HUB IS WORRIED THAT HER 3 KIDS ALL UNDER 3 YO ARE HOME ALONE. REQUEST WELF CHECK_ 'NAME: 11.00 ENROUTE 9/20l2007 12:00:00AN4 FCC27 1F216 12.00 K11SC 9/20/2007 12:00:00AM FCC27 113200. DELAYED BY i 13.00 ONSCENE 9120/2007 12:00:00AM FC216 12.00 MISC 9i21 2007 12:00:00AN•1 FCC37 1A115. STUCK BY -1 P.` 0 1 13.00 QUERY 9,21i2007 12:00:00AM FC115 1A115 QV NAM, 14.00 ONSCENE 9/21;2007 12:00:00AKI FC115 1.00 ENTRY 9/22,2007 12:00:00AM FCC19 TEXT:NIALE PASSED OUT ON THE 7 r2/ N TRACKS. THERE ARE PEOPLE STANDING AROUND TRYING TO WAKE HIM UP. HAS WET HINISELF ' 2.00 E911 9i22.2007 12:00:00AM FCC19 LOCATION:124 WEST MAGNOLIA - N SECT•FTC PHONE 3.00 CLEAR 9:23'2007 12:00:00AK-1 FC151 1E151 WAR. JUMPING ON TO THE 4.00 CLOSE 9,23 2007 12:00:00AM FC151 1E151 WAR 25.00 CHGLOC 9,212007 12:00:00AN•l FC107 1A107 2405 MIDPOINT DR .FTC 26.00 N11SC 9.23 2007 12:00-00AM FC107 1A107. DELAYED BY l I<:=.s1; AT MASONIMUL 27.00 ONSCENE 9:23,2007 12:00:00AM FC107 Appendix C: Sample of emergency service logs of railroad incidents Page 7 of 11 1A107 28.00 CONTACT 9,23 2007 12:00.00AI,1 FCC19 1.00 ENTRY 9-29,2007 12:00:00AId 1-96014 TEXT: i I: ' 1'-' JUST WENT THROUGH AND THEY THINK THAT SMIEONESHOT AT THE . A WINDOW WAS SHATTERED. NO ONE INJURED. • I7! CREW DID NOT SEE ANYONE AROUND. '.NAME:BNSF RR .PH:800 832 5452 2.00 DISP-ENR 9:29;2007 12:00:004.1 L96014 1.00 ENTRY 1013;2007 12:00:00AN1 FC92 TEXT:IFNIT SAYS THERE IS ABOUT A 7-9 INCH ROCK SITTING ONRAILROAD TRACKS. SAYS ITIS NEAR THE CONSTRUCTION SITE. INFNIT NOT OS. JUST PASSING BY. WAS CONCERNED THAT IT MITE OBSTRUCT THE i 1: %.i'. NAME: 2.00 PRIOR 10/3/2007 12:00:OOAM FC92 CP VTHE 09/M07 @ 02:20:27 (12 P;tORE ) 3.00 DISPATCH 10,312007 12:00:004.1 FCC24 9072760395 1A208 4.00 ID 10/3,'2007 12:00:OOAM FCC24 5.00 FNLTYPE 10/7/2007 12:00:00M.1 FCC89 FINALTYPE:NIVAU-- MVAN 6.00 MISCX 10'712007 12:00:00AA1 FCC75 MIKE WIGREAT WESTERN RR WILL STOP THE '+:, .!';....HE WANTS TO BE CALLED BACK AT 4201708 WHEN ALL CLEAR 7.00 HOLD 1017/2007 12:00:00AM FCC89 8.00 DISP-ENR 1017/2007 12:00:00AN1 FCC89 1B201 9.00 ID 10;7,2007 12:00:00AM FCC89 1B201 10.00 NIISCX 10/7/2007 12:00:00AM FCC142 PV252 OS. NO INJURIES. WILL TRY TO GET CAR MOVED OFF RR TRACK 21.00 TRANSPRT 10/7/2007 12:00:00AH C7510 5B39 JAIL. 78324. MALE COOP 22.00 MISC 10/7/2007 12:00:00ANI C7818 5B39. STUCK BEHIND A i f:.'dN 23.00 TR-CA-IPT 10+712007 12:00:00ALI C7510 5B39. EA1 78327 24.00 ONSCENOK 10:7/2007 12:00:00AM C7510 11.00 ENROUTE 10.'101'2007 12:00:00AN1 FC36 1 A36 12.00 N11SC 10/10;2007 12:00:00M.1 FCC125 1A136. CAUGHT BY -1I?.'+.!t-: 13.00 ONSCENE 1010 2007 12:00:00 ANl FC36 1.00 ENTRY 10116;2007 12:00:00AA1 FCC152 TEXT 'MAI IN BLK JKT 8 BLU HAT W BLK BRIM ABOUT 508 160 WAS PLAYING "CHICKEN" WITH THE f"..'��it (ON FOOT). HE'S NEAR POPPIE'S TAVERN NOW_ INFT WOULD LIKE OFFICER CT BY 8.00 ENROUTE 10 16 2007 12:00:00AN1 FC43 1K43 9.00 NIISC 10 16!2007 12:00:00AM FC43 1K43. STUCK AT 1R I'•: 10.00 NIISCX 10.:16:2007 12:00:00AN1 FCC132 MALE IS NOW AT COLLEGE MOUNTAIN SE SIDE. INFT IS AT CORNER OF SQUARE AT N,1TN,COLLEGE 11.00 ONSCENE 10,16,2007 12:00:00AM FC43 5.00 ENROUTE 1017 2007 12:00:00ANi FC16 1A16 6.00 NIISC 10/171;2007 12:00:00AN1 FC16 RFP SCHEDULE • Final Day for Questions: • Proposals Due: • Notify Consultants to be Interviewed • Interviews: March 11, 2015 (5:00 p.m.) March 18, 2015 (3:00 p.m.) Week of March 30, 2015 April 6, 2015 RFP 8074 Railroad Crossing Study for Riverside Corridor Page 6 of 30 Appendix C: Sample of emergency service logs of railroad incidents Page 8 of 11 1A1b. STUCK BY LONG ' I - . 7.00 ONSCENE 10 17 2007 12:00-00AM FC16 1.00 ENTRY 10 17 2007 12:OO:OOAM FCC147 TEXT:, -.-i - AT THIS LOCATION HAS BEEN BLOCKING THE INTERSECTION FOR 20 MIN. INFT SAYS INCIDENCES LIKE THIS NEED TO BE REPORTED -NAME: 2.00 PRIOR 10-17 2007 12:00:OOAM FCC142 i1.00 INSRVICE 10 18.2007 12:00:OOAM C7499 5T40 12.00 MISC 10118 2007 12:00:OOAN-1 C7817 5838. DELAYED BY i I<<-.Ir: 1531 HRS 13.00 TR-CR4PT 10 18,2007 12:00:OOAK•1 C7817 5B38. M 5B38.DELAYED BY 1 1:! !! 1531 HRS 14.00 MISC 10/18:2007 12:00:OOAR1 C7817 51338. RiILAGE 72365 15.00 ONSCENOK 10- 18:2007 12:OO:O0AK1 C7499 1.00 ENTRY 10118-2007 12:OO:OOAK1 L05012 TEXT:RP SAW A K1ALE VIDEOTAPING THE "1 I:.' i'•:S AND CROSSING GUARDS. LINK IF HE IS STILL THERE. UNK IF HE IS A RR EMPLOYEE OF IF HE IS UP TO SOMETHING 11.00 SUPP 10i21-2007 12:OO:OOAM FCC132 TEXT:FEMALE HALF SAYING HE HAD HER UP IN THE AIR AT ONE POINT WHEN CHOKING HER. INFT IS ACROSS THE STREET FROM HER CONDO NOW, NEAR THE BIKE RAIL, 12.00 MISC 10/21 2007 12:00:OOAK4 FCC89 1C206. ON 1 R',!� I DELAY 13.00 ONSCENE 10;21 '2007 12:00:OOAM FCC17 1.00 ENTRY 101'24,2007 12:OO:OOAK1 C7499 TEXT:PARTY IS kNITH FACILITIES. CONCERNED ABOUT ANGLE IRON ON THE RAILROAD TRACKS. HAS ALREADY CONTACTED THE RAILROAD ABOUT IT. WANTS U5 TO PUT UP SIGNS 16.00 MISC 10124,2007 12:00:OO4.1 C7499 5Al2. PARTY FROM BN ON SCENE 17.00 CLEAR 10 24 2007 12:00:OOAM C7176 5Al2 NAT. LONGKIONT BNSF ARRIVED TO REMOVE METAL FOR NOW AND fr%AI'! WENT THROUGH ON TRACK WITHOUT PROBLEM - THEY WILL REPAIR'REPLACE h:1ETAL STRIP LATER 25.00 ENROUTE 10;30,,2007 12:00:O0AR1 FC202 1B202 26.00 MISC 10130!2007 12:00:OOAK1 FC202 1B202. DELAYED BY THE SLOWEST 'AV.' IN THE WORLD 27.00 MISC 10+30:2007 12:00:OOAM FC202 1 B202. BACK ER 20.00 CHGLOCOS 10 31 2007 12.00:OOAM L07004 9A9 1409 E OLIVE CT #D .LFC 21.00 MISC 10.31.2007 12:00:OOAR1 L94022 9A15. STUCK IN TRAFFIC ON LEMAY DUE TO A 'i 1:7.IrJ. 22.00 CHGLOCOS 1031 2007 12:00:OOANI L07004 9ES4 1409 E OLIVE CT 4D .LFC 23.00 XOK 10131;2007 12:00:00AM L07004 16.00 SUPP 10/3112007 12:00:OOAM L97023 TEXT:NO INJURIES SEEN ON EITHER OF THEM. THE ARGUEKIENT SEEMD TO BE OVER A PHONE. 17.00 UPDATE 10 31;2007 12:0O:OOAM L97023 AD: HWY 287 id LAPORTE - SVV.XX-->4213 FLAG 417 18.00 SUPP 10!31;2007 12:00:00A10 L97023 ADRA213 FLAG '417. NO FURTHER INFORMATION 19.00 MISC 10'31 2007 12:00:OOAM L06014 91348. Tf</W. DELAY COLLEGE JEFFERSON 20.00 BACK -ER 10131 ,2007 12:00:OOAM L060 Appendix C: Sample of emergency service logs of railroad incidents Page 9 of 11 1.00 ENTRY 11. 1 2007 12:00:00AM FCC71 TEXT: -WENT THROUGH & ARMS WENT UP & DOWN. BOTH SIDES WENT UP. %HILL LET RR KNOIV NAI%IE:MIKE 6.00 ENROUTE 11 1 2007 12:00:00ANi FC136 1A136 7.00 MISC 11:1 2007 12:00:00ANi FC136 1A136. %'%/AITING FOR I= Ri 8.00 CHGLOC 111i2007 12:00:00AI'd FCC125 1A136 1024 S LEMAY AV .FTC 9.00 ONSCENE 111,2007 12:00:OOAN1 FC136 9.00 ENROUTE 11, 52007 12:00:OOAN1 FC 107 1A107 10.00 CLEAR 1 1.5'2007 12:00:00AM FCC37 1A133 11.00 MISC 11-5,2007 12:00:00AN1 FCC37 1F215. STUCK BY', ki i;-: 12.00 NAISCX 11;5'2007 12:00:00AM FCC71 8.00 ENROUTE 11.62007 12:00:00AM FC200 1B200 9.00 QUERY 11.6/2007 12:00:OOAM FC200 1 B200 OV NANWAAAE- 10.00 MISC 11j6/2007 12:00:OOAM FC200 1 B200. DELAYED BY THE I KAIN. 11.00 ONSCENE 11-6;2007 12:00:00AN1 FC200 7.00 ENROUTE 11'8/2007 12:00:00AM FC96 1A96 8.00 MISC 1118/2007 12:00:00AM FCC125 1A96. STUCK BY'" :i IN[11r08/07113149001) 9.00 ONSCENE 11,812007 12:00:OOAN1 FC77 15.00 ROASSIST 11%10/2007 12:00:OOAM FCC46 1A52 CF 073140032 F002 FCC125. MEDIC - UNCONS FEMALE " APPEARS TO BE APPROX 25YOA;OR 30YOA " CODE 4 FOR FIRE;ANIB 16.00 CROSSREF 11 10'2007 12:00:00AN1 FCC46 CF;073140032 17.00 MISC 11,1012007 12.00:00AMFCC46 1A66. DELAYED BY A 'f R,',1N - FLIPPIN A U 18.00 N11SCX 11 10'2007 12:00:00AN1 FCC37 EN6. FROM A66. 'l I:'d. .' AT VINE,TINABERLINE 19.00 ONSCENE 11,10/2007 12:00:00AN1 FC149 18.00 ENROUTE 11,101'2007 12:00:00AM FC213 1F213 19.00 MISC 11,10-2007 12:00:00AM FCC142 113173. DELAYED BY ! f: 11': AT CHERRY 20.00 ONSCENE 1 110t2007 12:00:OOAN1 FC213 3.00 MISCX 11/122007 12:00:00AN1 FCC24 HE IS UNCON. BREATHING. LIPS & HANDS TURNING BLUE. HE iSTURNED ON HIS SIDE 4.00 N11SCX 11/1212007 12:00:00AM FCC24 SEVERAL PEOPLE HELPING. SCENE SOUND C4. ALL ARE COOPERATIVE 5,00 DISPATCH 11:12,2007 12:00:OOAN1 FCC125 1B131 6.00 ID 11.12,2007 12:00:00AM FCC125 1B131 7.00 ENROUTE 11-12,2007 12:00:OOAM FC131 113131 Appendix C: Sample of emergency service logs of railroad incidents Page 10 of 11 8.00 BACK -ER 11 12:2001 12:00:00AKI FC180 113131113180 9.00 I D '1112 2007 12:00:00AM FC 180 1B180 10.00 RISC 11 12�2007 12:00:00ANI FCC125 113131. BLOCKED BY . -W: 11.00 ONSCENE 11:12 2007 12:00:0OArd FC131 1.00 ENTRY 11,15,2007 12:00:00AK1 FCC71 TEXT:RR FLASHING BUT NO i f:;•11....2 CARS DID HAVE A MINOR ACCIDENT PH:2190673 2.00 E911 11/1512007 12:00:00AM FCC71 LOCATION:1101 ACADEMY COURT - E SECT.FTC'PHONE:970 COMP:Verizon WRLS 1.00 ENTRY 1105 2007 12:00:00AM FCC71 TEXT: ! LIGHTS MALFUNCTIONING --THEIR POLICY IS THEY CANNOT GO THROUGH (EVEN THOUGH THEIR IS NO UNLESS A UNIFORMED OFFICER FLAGS THEM THROUGH '.NAA1E:-TRANSFORT'PH 2.00 PRIOR 11;15r2007 12:00:00AA1 FCC71 5.00 MISC 11/15/2007 12:00:00AM FCC71 .396. BOLO MASON/A-IYRTLE--KID ON A SKATEBOARD HANGING ONTO THE 11-A3 71. WEARING JEANS. BLACK FLEECE. GOATEE. HE HIS NOW HEADED DOWN THE MIDDLE OF THE T RACKS(11 15'071620450011 1.00 ENTRY 1107 2007 12:00:00AA•I L84012 TEXT: MANAGEMENT TRYING TO EVICT A GUESTS. ONE MALE AND ONE FEMALE. THEY ARE THREATENING TO ASSLT MANAGER 20.00 NIISC 11i1712007 12:00:OOAM L02045 9A9. DELAYED BY T1?::I'! 21.00 XOK 11 - 17/2007 12.00:00AA'i L02045 9S24 22.00 QUERY 11117r2007 12:00:00AR1 L07004 5.00 ENROUTE 111712007 12:00:00AM FC52 1A52 6.00 MISC 11-17!2007 12:00:00AM FC52 1A52. -I `• i?J 7.00 ONSCENE 11-17i2007 12:00:00AM FC52 14.00 CHGLOC 11,18,2007 12:00:00AK4 FC178 1T178 700 WOOD ST 15.00 MISC 11/1812007 12:00:OOAM FC178 1T178. DELAYED BY THE 1 Ril*IN 16.00 ONSCENE 11d812007 12:00:OOAM FC188 8.00 SUPP 11120 2007 12:00:00AM FCC126 TEXT:AIOM & THE GRANDMA ARE IN THE CAR WITH THE BABY. UNKDESTINATION. POSS TO THEIR HOUSE IN LAPORTE 9.00 ENROUTE 11 20!2007 12:00:00AM FC210 1A210 10.00 NIISC 11+20t2007 12:0000AM FCC46 1A124. 11ZfkI;: DELAY 11.00 QUERY 11,20/2007 12:00:00AAI F0124 12.00 AIISCX 1 112212007 12:00:00AM FCC27 11323. VICTII.1; AA-IB REFUSED: INFT WAS ASSAULTED BYA MALE HE'S STILL WITH RIGHT NOW.... ' BLK SHIRT BLK HAT/JEANS - IN FRONT OF THE RIGHT CARD 13.00 NIISC 11i22,2007 12:00:00AM FCC126 1C167. DELAYED BY 1?Al1,1 14.00 ENROUTE 11,22.,2007 12:00:00AM FC167 1C167 15.00 ENROUTE 11r22:2007 12:00:00AA1 FC191 Appendix C: Sample of emergency service logs of railroad incidents Page 11 of 11 IC191 16.00 BACKUP 11-22 2007 12:00.00A1.1 FCC126 Appendix 0: Illustrations of alternative rail transfer locations 1 of 5 Google Maps Goosle i4!aps 225 t Legend BNSF •VP Notes Speer JunCiion, Wy 7 e Appendix D: illustrations of alternative rail transfer locations 2 of 5 0 3 J �s 22 m- z �c 3� w� W G v CL.O Ca r- cL ;N m Appendix D: Illustrations of alternative rail transfer locations 3 of 5 Google daps Notes KQiim/Officer .!unction h!aps V1 i� 257 i • \ ! oa ��ulr 8a 1S ��ic 1.-ertal.Cc.�trr heRcck.es a 34 c EmAw:.,,. t t7 i � zac i'• ! ' 15 l S 1 •` V� 18 302 54 54 lE 15 �\ 1T 1 9'2008 Gcc91a - 510,1a D2008 VA4TEa "'_ Ierms cf_Usz Legend G\VR -UP No Text No Text s� k r �„+ i .jam,: F M VAN IATJ/_1►1e7_FIy4*4J,I=1►1111 Professional firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top rated firms may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD Does the proposal address all elements of the RFP? Does the proposal show an understanding of the 2.0 Scope of Proposal Project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications; Scope of Work, or agreement? Do the persons who will be working on the project have 2.0 Assigned Personnel the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? Can the work be completed in the necessary time? Can the target start and completion dates be met? Are 1.0 Availability other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? Does the firm have the resources, financial strength, capacity and support capabilities required to 3.0 Firm Capability successfully complete the project on -time and in - budget? Has the firm successfully completed previous projects of this type and scope? 1.0 Is the primary firm a UDBE or has the primary firm UDBE submitted UDBE participation that meets or exceeds UDBE goal for the project? RFP 8074 Railroad Crossing Study for Riverside Corridor Page 7 of 30 lTJ� T I P Appendix F: Links to supporting dOCUmenI-Mlon and relevant reports Federal Railroad Administration Locomotive Burn Rule Ilttlr NywNy.fi-a.dot.gov us content I"1IN' Federal Railroad Administration Block Crossing inliormation littp: us content 9U" Federal Railroad Administration Ilararduus Matcrials infiOrmation http: \VN \V.fi-a.dut.2o\ us contcnt 337 Colorado Department of Transportation Rail Relocation Study Imp: wwwAot.statc.coms RailroadStudydciault.ast) Freight transportation profile for Colorado: Imp: ops.ffi\ a.dot.goe frcight frcight analysis state info eolorado profile co.him Freight shipments to and fi-om Colorado: http: ops.Ill wa.dot.Lov f-cig"ht ii-cight analysis faf'state infirfaf-2co.htm Transportation Research Board htip: n \\ REFERENCE EVALUATION (TOP RANKED FIRM) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Was the Professional responsive to client needs; did the Completeness Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, Job Knowledge was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8074 Railroad Crossing Study for Riverside Corridor Page 8 of 30 PROFESSIONAL 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 referred to as the "City" and , hereinafter referred to as "Professional". ►R�I���I�.Y.9�r7� In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto 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 ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] 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 ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. 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: Copy to: City of Fort Collins City of Fort Collins Attn: Attn: Attn: Purchasing Dept. PO Box 580 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory RFP 8074 Railroad Crossing Study for Riverside Corridor Page 9 of 30