HomeMy WebLinkAboutCity Commission Meeting 5.18.2020 C5 PSA with KLJ for RR Quiet Zone Study
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: David Fine, Urban Renewal Program Manager
SUBJECT: Authorize the Interim City Manager to Professional Services Agreement with KLJ for a Bozeman Railroad Quiet Zone Study MEETING DATE: May 18, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Interim City Manager to sign the Professional Services Agreement with KLJ. BACKGROUND: Federal Railroad Administration (FRA) regulations require trains to blow their horns when approaching railroad crossings. These regulations also allow for the installation of various safety treatments at crossings that remove the requirement for sounding train horns. The particular treatments that meet FRA requirements change based on a number of variables. This study will analyze the Griffin Dr., Rouse Ave., and Wallace Ave., crossings and recommend appropriate treatments to allow for the implementation of a quiet zone at all three crossings. FISCAL EFFECTS: The project utilizes several private and public sources of funds. The total $46,000 for the study was split evenly between Cannery District Partners, Tinworks/Imperial Development, the Northeast Urban Renewal District, and the Griffin Drive Redesign Project.
ATTACHMENT: Professional Services Agreement with KLJ
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Memorandum
www.srfconsulting.com
1 Carlson Parkway North, Suite 150 | Minneapolis, MN 55447-4453 | 763.475.0010 Fax: 1.866.440.6364
An Equal Opportunity Employer
SRF No. 13551
To: David Fine, City of Bozeman Economic Development
From: Andy Mielke, Principal
Date: March 31, 2020
Subject: Bozeman Quiet Zone – Pre-study Analysis
As part of the proposal process for the Bozeman Quiet Zone, a preliminary analysis was done to
look at options for obtaining a quiet zone approved by the Federal Railroad Administration (FRA).
The three crossings included in this analysis are Griffin Drive, North Rouse Avenue, and North
Wallace Avenue.
The preliminary analysis included inputs to the FRA’s Quiet Zone Calculator to determine the
existing risk levels at each crossing and the overall risk level for the quiet zone as a whole. Existing
data from the FRA’s Grade Crossing Inventory Form were used. This information was not verified
or updated as part of this initial process; however, based on the information contained these forms
were recently revised in August of 2019 or January of 2020 depending on the crossing. The forms
included traffic volumes from 2018 and train volumes from 2019 which for this purpose are
considered in compliance for FRA data inputs. These are two of the primary inputs used in the
quiet zone calculations.
Based on this initial analysis, the use of full-length medians at the Griffin Drive crossing would allow
the City of Bozeman to qualify for a quiet zone. This is largely due to a 2017 crash being included in
the risk calculations for this crossing. Crashes are included for a five-year period in the FRA’s quiet
zone calculations meaning that the quiet zone would need to be implemented by 2022, but this one
improvement would be enough to initially qualify for a quiet zone. Additional improvements at the
N. Rouse Avenue and/or N. Wallace Avenue crossing would be explored as a future crash/incident
at either of these crossings could result in the quiet zone not being in compliance with the FRA.
However, if improvements are made at all three crossings the quiet zone would not be subject to
fluctuations in risk and the city would be able to enjoy the benefits of a quiet zone indefinitely.
Again, all the inputs for the quiet zone calculation would need to be verified and documented
following FRA’s process, but the initial results indicate a quiet zone is feasible and can be
implemented.
In closing, the quiet zone study would be conducted to confirm the potential improvements meet
the FRA’s Quiet Zone Rule. The study would also evaluate future improvement scenarios that
account for the growth and development expected in this area to ensure that a future quiet zone
would remain in compliance under increased traffic volumes and growth scenarios.
K:\Trans\QuietZone\States\Montana\Bozeman\PreStudy QZ Analysis.docx
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Professional Services Agreement for Bozeman Quiet Zone Study FY 2020 – FY 2021 Page 1 of 10
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of May, 2020, by and between
the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman,
Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as
“City,” and, Kadrmas, Lee & Jackson d.b.a KLJ, with a mailing address of 4585 Coleman Street,
Bismarck, ND 58503, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose : City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations : To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
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perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status /Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of
Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
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7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful
misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s)
which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court
of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was
obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this Agreement
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except “responsibility for his own fraud, for willful injury to the person or property of another, or for
violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The insurance
and required endorsements must be in a form suitable to City and shall include no less than a thirty
(30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2)
business days of Contractor’s receipt of notice that any required insurance coverage will be terminated
or Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may terminate
this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
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Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be David Fine, Urban Renewal Program Manager, or such other individual
as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as listed above and may receive approvals or
authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Shane Strong, or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
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this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-disc rimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination: The Contractor agrees that all hiring by Contractor of persons
performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have
a policy to provide equal employment opportunity in accordance with all applicable state and federal
anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a
person, bar a person from employment, or discriminate against a person in compensation or in a term,
condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age,
marital status, national origin, actual or perceived sexual orientation, gender identity, physical or
mental disability, except when the reasonable demands of the position require an age, physical or
mental disability, marital status or sex distinction. The Contractor shall be subject to and comply
with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all
regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of
its subcontractors providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations /Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
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such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by
all of the terms and conditions of this Agreement.
17. Reports /Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain
an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required
herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's
fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
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employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts : This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Dennis Taylor, Interim City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A
Bozeman Railroad Quiet Zone Study
Engineer’s Scope of Services
The project includes preparation of a Quiet Zone (QZ) Study to determine acceptable safety measure
improvement alternatives for three at‐grade crossings (Griffin Dr., N. Rouse Ave. and N. Wallace
Ave.) that would qualify the entire area encompassing these three crossings for Quiet Zone
approval. The QZ Study will follow the Federal Railroad Administration’s (FRA) guidelines to analyze
each of the three crossings, assess QZ compliant alternatives and determine the feasibility of
selected, preferred safety measures at each crossing. A report deliverable will be provided to the
City to document the analysis process and the following required tasks:
Establish a purpose and need for the
project
Traffic Operations Analysis
Review of FRA regulations and
policies for QZ’s
Analysis and Compilation of Crash
Data
Review of existing safety devices in
use
Environmental and Social Impacts
Access Management Evaluation of
advantages/disadvantages
Analysis of existing facilities Feasibility of construction
alternatives
Evaluation of possible alternatives to
improve safety
Recommended implementation plan
Cost estimates for each alternative
Engineer is to provide the following services, related to the various procedures of the project as
listed:
Project Kick‐Off Meeting:
o Attend up to one (1) meeting with KLJ/SRF team and City representatives to
establish the intended purpose and need for the project and determine project
scope extents. Task complete.
o Attend up to one (1) meeting with KLJ/SRF team, City and Sanderson Stewart
representative, via virtual/teleconference meeting, to coordinate inclusion of
raised median in Griffin St. design. Task complete.
Data Collection
o Obtain record drawings of the Phase 1 N. Rouse Ave. reconstruction project
from MDT.
o Obtain existing conditions survey drawing of Griffin Dr. and proposed design
corridor alignment/layout for Griffin Dr. reconstruction from Sanderson
Stewart.
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o Review record drawings of N. Wallace Ave. Reconstruction from rail crossing to
south. Desktop data collection of existing N. Wallace Ave. corridor conditions
north of rail crossing using available aerial imagery and GIS information.
o Review collected data to define, at a minimum, the following data:
Road and railroad
alignments
Presence of curb & gutter
Extents of existing
crossing panels
Signal pole locations and
existing electrical
infrastructure
Edge of road travel way Utilities (public and
private)
Pedestrian facilities
o Coordinate with MRL personnel to verify train volume counts and other data
necessary to perform QZ calculator analyses.
o Collect traffic volume at each crossing for minimum required 24‐hour period.
o Coordinate with MRL personnel to confirm presence of constant warning time
(CWT) vehicle detection at each crossing.
Diagnostic Review
o Identify required stakeholders and coordinate/schedule diagnostic review
meeting on‐site with all stakeholders for all three crossings. Stakeholders
anticipated to include City of Bozeman, FRA, MRL, BNSF, MDT and KLJ/SRF team.
o Prepare diagnostic meeting packet to include meeting form, grade crossing
inventory forms and aerial maps of each crossing.
o Conduct and attend one (1) diagnostic review meeting at all three crossings to
discuss alternatives for Standard Safety Measures (SSM) and Alternative Safety
Measures (ASM) improvements at each crossing area, to include pedestrian
facilities.
o Provide memorandum to City summarizing meeting minutes and preferred safety
measure improvements determined during the diagnostic meeting for each
crossing.
Safety Measure Alternatives Analysis
o Analyze feasibility of SSM’s and any possible ASM’s based on preferences
established during diagnostic meeting and site constraints determined during
data collection task.
o Consult with the City to determine SSM’s and/or ASM’s, if any, not to be
considered for further analysis based on feasibility and City’s long‐range plans.
o Consult with City and Sanderson Stewart to make final determination of QZ
improvement options to be constructed with Griffin Dr. reconstruction project.
Quiet Zone Calculator Analyses
o Utilize required FRA Quiet Zone Calculator to determine the Quiet Zone Risk Index
(QZRI) of the defined study area.
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o Prepare up to three (3) QZ compliant scenarios to provide the City with the
potential for a phased implementation plan that qualifies for QZ approval with
the minimum initial investment and provides additional improvement options to
be scheduled and budgeted to maintain QZ approval as conditions and risk
indexes warrant.
Scenario 1: Consider minimum improvements needed to obtain initial QZ
approval of study area.
Scenario 2: Consider combination of selected crossing improvements at
any of the three crossings, which will help City with phasing decisions.
Scenario 3: Consider optimum improvements at all three crossings
combined for long term QZ maintenance.
Safety Measure Exhibits and Report
o Prepare Draft Report summarizing the QZ Study, selected SSM’s and/or ASM’s
and recommendations for proceeding with the final steps required to establish
the QZ.
o Report will include:
Study purpose and need and summary of the work completed during the
study.
Recommended safety measures and improvements at each crossing.
Concept/Planning level, 2D plan view crossing layouts overlaid onto aerial
maps for six (6) selected improvement options (two per crossing).
Opinion of probable costs for implementation of recommended
improvements at each crossing assuming improvements are made
independent of additional street reconstruction measures, as may be
necessary (i.e. street widening, lane tapering, relocating bike lanes/ped
pathways, etc.).
Summary of the safety measure alternatives evaluated at each crossing.
Summary of the data collected at each crossing: existing conditions,
traffic and train data and crash data.
Summary of the QZ implementation process.
o Attend up to one (1) meeting with the City to present results and
recommendations of the study.
o Submit draft report to all stakeholders involved in diagnostic meeting for review
and comment.
o Prepare and provide final report document to City, updated to address
stakeholder comments, as required.
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The scope is based on Owner providing the following:
Payment for all application fees.
A workable AutoCAD file of Griffin Drive’s design survey of grade crossing and extending
at least 200’ from crossing in both directions and 2D linework for proposed
improvements.
Traffic impact and planning information for all developments currently under City review
within 0.5 miles of each crossing.
Part 2 – Additional Services
A2.01 Additional Services Requiring Owner’s Written Authorization
A. If authorized in writing by Owner, Engineer shall furnish or obtain from others
Additional Services of the types listed below.
Field design survey of corridors and rail crossings
Public involvement meetings with area landowners, business owners and/or the public at
large.
City Commission presentations.
Preliminary and Final engineering design of crossing improvement measures.
Assistance with preparation of easement documents or right‐of‐way deed documents.
Assistance with Federal, State or other project funding applications.
Environmental permitting.
Erosion and Sediment Control permitting with City and DEQ, including SWPPP and
MPDES.
Providing Bidding/Contractor negotiations.
Construction Phase Service including contract administration, construction review, etc.
A2.02 Additional Services Not Requiring Owner’s Written Authorization
A. For such Additional Services listed below, Engineer need not request or obtain
specific advance written authorization from Owner. Engineer shall cease
performing or furnishing such Additional Services upon receipt of written notice
from Owner.
Additional planning meetings beyond those quantified in the above Scope of Services.
Preparing concept layouts and cost estimates for improvement options and scenarios
beyond those quantified in the above Scope of Services.
Intermediate and/or final design level review of proposed Griffin Dr. improvement
plans.
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